reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-854 - Sale or purchase of parts; classification

36-854.
Sale or purchase of parts;  classification
A. Except as otherwise provided in subsection B,  a person who for valuable consideration knowingly purchases or sells a part for transplantation or therapy,  if removal of a part from an individual is intended to occur after the individual's death,  is guilty of a class 3 felony.
B. This section does not prevent a person from charging a reasonable amount for the removal,  processing,  preservation,  quality control,  storage,  transportation,  implantation or disposal of a part.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-855 - Prohibited acts; classification

36-855.
Prohibited acts;  classification
A person who,  in order to obtain a financial gain,  intentionally falsifies,  forges,  conceals,  defaces or obliterates a document of gift,  an amendment or revocation of a document of gift or a refusal of gift is guilty of a class 6 felony.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-856 - Immunity

36-856.
Immunity
A. A person is not subject to civil liability,  criminal prosecution or administrative proceedings for good faith acts or omissions related to procurement of parts in compliance with this article. All acts and omissions are presumed to be in good faith unless the acts or omissions are done with intent to maliciously cause injury.
B. A person who makes an anatomical gift and the donor's estate are not subject to civil or criminal liability for any injury or damage that results from the making or use of the gift.
C. In determining whether an anatomical gift has been made,  amended or revoked pursuant to this article,  a person may rely on representations of an individual listed pursuant to section 36-848,  subsection A,  paragraph 2,  3,  4,  5,  6,  7 or 8 relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-857 - Choice of law; presumption of validity

36-857.
Choice of law;  presumption of validity
A. A document of gift is valid if executed in accordance with:
1. This article.
2. The laws of the state or country where it was executed.
3. The laws of the state or country where the person making the anatomical gift was domiciled,  has a place of residence or was a national at the time the document of gift was executed.
B. If a document of gift is valid under this section,  the laws of this state govern the interpretation of the document of gift.
C. A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-858 - Donor registry

36-858.
Donor registry
A. An organ procurement organization shall establish a donor registry in this state.
B. The motor vehicle division of the department of transportation shall cooperate with the organ procurement organization that administers a donor registry to transfer to the donor registry all relevant information regarding a donor's making of an anatomical gift.
C. A donor registry must:
1. Allow a donor or other person authorized pursuant to section 36-843 to include on the donor registry a statement or symbol that the anatomical gift was made by the donor.
2. Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine,  at or near death of the donor or a prospective donor,  whether the donor or prospective donor has made an anatomical gift.
3. Be accessible seven days a week on a twenty-four hour basis for purposes of paragraphs 1 and 2.
D. Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor,  prospective donor or person who made the anatomical gift for any purpose other than to determine,  at or near death of the donor or prospective donor,  if the donor or prospective donor has made,  amended or revoked an anatomical gift.
E. This section does not prohibit any person from establishing or maintaining a donor registry that is not established by or under contract with this state. Any such registry must comply with the requirements of subsections C and D of this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-859 - Effect of anatomical gift on health care directive; definitions

36-859.
Effect of anatomical gift on health care directive;  definitions
A. If the terms of a prospective donor's living will or health care directive and the express or implied terms of an anatomical gift made by the prospective donor,  or made by any other person,  appear to be in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy,  appropriate consultation shall occur to determine the prospective donor's actual or likely intent in resolving that conflict. Resolution of the conflict shall occur as expeditiously as possible. If the prospective donor is unable to resolve the conflict,  another person authorized by law to make health care decisions on behalf of the prospective donor shall resolve the conflict. Before resolution of the conflict,  measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing of the measures is not contraindicated by appropriate end of life care.
B. For the purposes of subsection A of this section,  appropriate consultation must include the prospective donor's attending physician,  the hospital s ethics committee or,  if none,  a designated representative of the hospital,  and the agent acting under the prospective donor's health care directive or,  if none,  any other individual authorized by law to make health care decisions on behalf of the prospective donor and may include the appropriate procurement organization and any other person authorized to make an anatomical gift pursuant to section 36-848. If the appropriate consultation does not resolve the conflict,  the agent acting under the prospective donor's health care directive or,  if none,  any other individual authorized by law to make health care decisions on behalf of the prospective donor,  or the majority of such individuals,  is empowered to make the final decision of how to proceed.
C. For the purposes of this section:
1. " Health care decision"  means any decision made regarding the health care of the prospective donor.
2. " Health care directive"  has the same meaning prescribed in section 36-3201.
3. " Living will"  has the same meaning prescribed in section 36-3201.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-860 - County medical examiners; authorization

36-860.
County medical examiners;  authorization
A. The medical examiner or individual legally delegated that authority may release and permit the removal of a part from or all of a body within the custody of that official for transplantation,  therapy,  research or education pursuant to title 11,  chapter 3,  article 12 if the part is the subject of an anatomical gift and:
1. A request has been received from a procurement organization.
2. The organ procurement organization has made a reasonable effort,  taking into account the useful life of the part,  to locate and examine the decedent's medical records and,  if the decedent has not executed a document of gift or has not refused to make an anatomical gift,  inform persons listed in section 36-848,  subsection A,  of the person's option to make or object to making an anatomical gift.
3. The official does not know of a refusal by the decedent or an objection by a person having priority to act as listed in section 36-848,  subsection A.
4. The removal will be by a physician,  surgeon or trained technician.
5. The removal will be in accordance with accepted medical standards.
6. The removal will not interfere with any death investigation.
7. Cosmetic restoration will be done,  if appropriate.
B. An official who releases and permits the removal of a part shall maintain a permanent record of the name of the decedent,  the person making the request,  the date and purpose of the request,  the part requested and the person to whom it was released.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-861 - Medical examiner; release of information

36-861.
Medical examiner;  release of information
A. The county medical examiner or individual legally delegated that authority shall release the name,  contact information and available medical and social history of a decedent whose body is under the jurisdiction of the medical examiner to:
1. The designated procurement organization,  hospital,  accredited medical school,  dental school,  college or university of an anatomical gift executed pursuant to section 36-844.
2. Any procurement organization under procedures adopted by the medical examiner for coordination of the procurement of anatomical gifts.
B. If the decedent's body or part is medically suitable for transplantation,  therapy,  research or education,  the medical examiner,  or individual legally delegated that authority,  shall release postmortem examination results to a procurement organization. The procurement organization may make a subsequent disclosure of the postmortem examination results or other information received from the medical examiner only if relevant to transplantation or therapy.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-863 - Relation to electronic signatures in global and national commerce act

36-863.
Relation to electronic signatures in global and national commerce act
This act modifies,  limits and supersedes the electronic signatures in global and national commerce act,  but does not modify,  limit or supersede section 101(a) of that act (15 United States Code section 7001) or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 United States Code section 7003(b)).
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-864 - Document of gift; transfer by department of transportation; requirements

36-864.
Document of gift;  transfer by department of transportation;  requirements
Each executed document of gift transferred by the department of transportation to an organ procurement organization is presumed to be a valid document of gift that establishes an anatomical gift for transplantation or therapy if all of the following apply:
1. The organ procurement organization that maintains an anatomical gift registry established pursuant to this article contacted each person who executed the document of gift before that person's death or incapacity.
2. The person had not amended or revoked the anatomical gift before death.
3. The organ procurement organization provided the person with notice of:
(a) The inclusion of the person's name in an anatomical gift registry established pursuant to this article.
(b) The opportunity to amend or revoke the anatomical gift.
(c) Instructions about how to amend or revoke the anatomical gift.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-881 - Definitions

36-881.
Definitions
In this article,  unless the context otherwise requires:
1. " Child"  means any person through the age of fourteen years. Child also means a person who is under eighteen years of age if the child has a developmental disability as defined in section 36-551 or has at least one of the disabilities listed in section 15-761,  paragraph 2 and requires special education as defined in section 15-761.
2. " Child care"  means the care,  supervision and guidance of a child or children,  unaccompanied by a parent,  guardian or custodian,  on a regular basis,  for periods of less than twenty-four hours per day,  in a place other than the child's or the children's own home or homes.
3. " Child care facility"  means any facility in which child care is regularly provided for compensation for five or more children not related to the proprietor.
4. " Controlling person"  means a person who:
(a) Through ownership,  has the power to vote at least ten per cent of the outstanding voting securities.
(b) If the applicant or licensee is a partnership,  is the general partner or a limited partner who holds at least ten per cent of the voting rights of the partnership.
(c) If the applicant or licensee is a corporation,  an association or a limited liability company,  is the president,  the chief executive officer,  the incorporator,  an agent or any person who owns or controls at least ten per cent of the voting securities.
(d) Holds a beneficial interest in ten per cent or more of the liabilities of the applicant or the licensee.
5. " Department"  means the department of health services.
6. " Director"  means the director of the department of health services.
7. " Person"  means an individual,  partnership,  corporation,  limited liability company,  association,  day nursery,  nursery school,  day camp,  kindergarten,  child care agency,  school governing board,  charter school or child care center that operates a child care facility.
8. " Substantial compliance"  means that the nature or number of violations revealed by any type of inspection or investigation of an applicant for licensure or a licensed child care facility does not pose a direct risk to the life,  health or safety of children.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-883 - Standards of care; rules; classifications

36-883.
Standards of care;  rules;  classifications
A. The director of the department of health services shall prescribe reasonable rules regarding the health,  safety and well-being of the children to be cared for in a child care facility. These rules shall include standards for the following:
1. Adequate physical facilities for the care of children,  such as building construction,  fire protection,  sanitation,  sleeping facilities,  isolation facilities,  toilet facilities,  heating,  ventilation,  indoor and outdoor activity areas and,  if provided by the facility,  transportation safely to and from the premises.
2. Adequate staffing per number and age groups of children by persons who are qualified by education or experience to meet their respective responsibilities in the care of children.
3. Activities,  toys and equipment to enhance the development of each child.
4. Nutritious and well-balanced food.
5. Encouragement of parental participation.
6. Exclusion of any person from the facility whose presence may be detrimental to the welfare of children.
B. The department shall adopt rules pursuant to title 41,  chapter 6 and section 36-115.
C. Any rule that relates to educational activities,  physical examination,  medical treatment or immunization shall include appropriate exemptions for children whose parents object on the ground that it conflicts with the tenets and practices of a recognized church or religious denomination of which the parent or child is an adherent or member.
D. The department of health services shall conduct a comprehensive review of its rules at least once every two years. Before conducting this review,  the department shall consult with agencies and organizations that are knowledgeable about the provision of child care facilities to children,  including:
1. The department of economic security.
2. The department of education.
3. The office of the state fire marshal.
4. The league of Arizona cities and towns.
5. Citizen groups.
6. Licensed child care facility representatives.
7. The department of child safety.
E. The department shall designate appropriate classifications and establish corresponding standards pertaining to the type of care offered. These classifications shall include:
1. Facilities offering infant care.
2. Facilities offering specific educational programs.
3. Facilities offering evening and nighttime care.
F. Rules for the operation of child care facilities shall be stated in a way that clearly states the purpose of each rule.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-883.02 - Child care personnel; fingerprints; exemptions; definition

36-883.02.
Child care personnel;  fingerprints;  exemptions;  definition
A. Except as provided in subsection B of this section,  child care personnel,  including volunteers,  shall submit the form prescribed in subsection C of this section to the employer and shall have valid fingerprint clearance cards issued pursuant to section 41-1758.07 before starting employment or volunteer work.
B. Exempt from the fingerprinting requirements of subsection A of this section are parents,  including foster parents and guardians,  who are not employees of the child care facility and who participate in activities with their children under the supervision of and in the presence of child care personnel.
C. Applicants,  licensees and child care personnel shall attest on forms that are provided by the department that:
1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41-1758.07,  subsection B in this state or similar offenses in another state or jurisdiction.
2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201.
3. They have not been denied or had revoked a certificate to operate a child care group home or a license to operate a child care facility in this or any other state or that they have not been denied or had revoked a certification to work in a child care facility or child care group home.
D. Employers of child care personnel shall make documented,  good faith efforts to contact previous employers of child care personnel to obtain information or recommendations that may be relevant to an individual's fitness for employment in a child care facility.
E. The forms required by subsection C of this section are confidential.
F. A child care facility shall not allow a person to be employed or volunteer in the facility in any capacity if the person has been denied a fingerprint clearance card pursuant to section 41-1758.07 or has not received an interim approval from the board of fingerprinting pursuant to section 41-619.55,  subsection I.
G. The employer shall notify the department of public safety if the employer receives credible evidence that any child care personnel either:
1. Is arrested for or charged with an offense listed in section 41-1758.07,  subsection B.
2. Falsified information on the form required by subsection C of this section.
H. For the purposes of this section,  " child care personnel"  means any employee or volunteer working at a child care facility.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-883.03 - Employer-subsidized child care; immunity from liability

36-883.03.
Employer-subsidized child care;  immunity from liability
A. An employer that subsidizes child care on a nondiscriminatory basis to its employees through a child care facility licensed pursuant to this article or through a person or facility exempt from licensure pursuant to this article but screened pursuant to section 41-1964 or 46-321 is not liable for damages as a result of an act or omission by the child care facility,  person or exempt facility unless the employer is guilty of gross negligence in recommending the child care facility,  person or facility or unless the employer is acting as the owner or has an ownership interest in or is an operator of the child care facility or exempt facility.
B. For purposes of this section,  an employer is deemed to be subsidizing an employee's child care costs if the employer pays,  either directly or indirectly,  at least twenty-five per cent of the cost of the child care service rendered to the employee by the child care facility,  person or exempt facility described in subsection A of this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-883.04 - Standards of care; rules; enforcement

36-883.04.
Standards of care;  rules;  enforcement
The director shall prescribe reasonable rules and standards regarding the health,  safety and well-being of children cared for in any public school child care program. These rules shall be comparable to the rules and standards prescribed pursuant to section 36-883. The director shall also prescribe rules regarding the enforcement of the standards of care including penalties for noncompliance with these standards. These enforcement and penalty provisions shall be comparable to those existing for private child care facilities.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-885 - Inspection of child care facilities

36-885.
Inspection of child care facilities
A. The department or designated local health departments or its agents may at any time visit during hours of operation and inspect a child care facility to determine if it complies with this article and rules adopted under this article.
B. The department shall visit each child care facility as often as necessary to assure continued compliance with this article and department rules. The department shall make at least one unannounced visit annually.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-886 - Operation without a license; classification

36-886.
Operation without a license;  classification
A. If it appears that any person is maintaining or operating a child care facility without a license,  the department shall notify the facility's operator either by mail,  by certified mail with return receipt requested or by delivery in person. The person affected by the notice shall,  within ten days from its receipt,  cease and desist operation or show proof of having a valid license. The person may,  within ten days,  request in writing a hearing before the director.
B. On application of the department,  a magistrate shall issue a warrant to the department authorizing inspection of a child care facility if there is probable cause to believe that a person is operating the facility without a license.
C. If a person does not comply with this section the department shall notify the county attorney of the county in which the child care facility is being operated of the violation and request that criminal prosecution be commenced against the violator. The department may request the attorney general to apply for injunctive relief.
D. Any person who continues to maintain or operate a child care facility without a license ten days after receipt of notice from the department is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-887 - Procedure for inspection of records

36-887.
Procedure for inspection of records
A. Records maintained by the department for child care facilities are available to the public for review and copying.
B. Personally identifiable information that relates to a child,  parent or guardian is confidential. The department shall disclose this information only as follows:
1. Pursuant to a court order.
2. Pursuant to a written consent signed by the parent or guardian.
3. To a law enforcement officer who requires it for official purposes.
4. To an official of a governmental agency who requires it for official purposes.
C. The department shall enter into the child care facility's case file,  contiguous to the form containing the reported violation,  those documents that verify correction of reported violations.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-888 - Denial, revocation or suspension of license

36-888.
Denial,  revocation or suspension of license
A. The department may deny,  suspend or revoke a license for a violation of this article or department rules. At least thirty days before the department denies,  revokes or suspends a license it shall mail the applicant or licensee a notice of that person's right to a hearing. The department shall issue this notice by registered mail with return receipt requested. The notice shall state the hearing date and the facts constituting the reasons for the department's action and shall cite the specific statute or rule that the person is not conforming to.
B. If the person does not respond to the written notice the department,  at the expiration of the time fixed in the notice,  shall take the action prescribed in the notice. If the person,  within the period fixed in the notice,  conforms the application or the operation of the child care facility to the applicable statute or rule,  the department may grant the license or withdraw the notice of suspension or revocation.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-889 - Licensees; applicants; residency; controlling persons; requirements

36-889.
Licensees;  applicants;  residency;  controlling persons;  requirements
A. Each licensee,  other than a corporation,  a limited liability company,  an association or a partnership,  shall be a citizen of the United States who is a resident of this state,  or a legal resident alien who is a resident of this state. A corporation,  association or limited liability company shall be a domestic entity or a foreign entity that is qualified to do business in this state. A partnership shall have at least one partner who is a citizen of the United States and who is a resident of this state,  or who is a legal resident alien and who is a resident of this state.
B. The department shall not issue or renew a license unless a list of each of the applicant's or licensee's controlling persons is on file with the department and no controlling person has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or other state or has had a license to operate a child care facility or a certificate to operate a child care group home revoked for reasons that relate to the endangerment of the health and safety of children.
C. The applicant or licensee shall notify the department within thirty days after the election of any new officer or director or of any change in the controlling persons and shall provide the department the name and business or residential address of each controlling person and an affirmation by the applicant that no controlling person has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state or has had a license to operate a child care facility or a certificate to operate a child care group home revoked for reasons that relate to the endangerment of the health and safety of children.
D. Each applicant or licensee shall designate an agent who is authorized to receive communications from the department,  including legal service of process,  and to file and sign documents for the applicant or licensee. The designated agent shall be all of the following:
1. A controlling person.
2. A citizen of the United States or a legal resident alien.
3. A resident of this state.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-890 - Decisions

36-890.
Decisions
All decisions rendered by the director,  pursuant to the applicable law and regulations,  shall be in writing and filed of record in the office of the department. Notice of such decisions shall be given to the affected person or licensee. If no appeal is taken by any such person or licensee within the time provided by law,  the decision of the director shall be final and conclusive.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-891 - Civil penalty; inspection of centers; training program

36-891.
Civil penalty;  inspection of centers;  training program
A. The director may impose a civil penalty on a person who violates this article or rules adopted pursuant to this article in an amount of not more than one hundred dollars for each violation. Each day that a violation occurs constitutes a separate violation. The director may issue a notice that includes the proposed amount of the civil penalty assessment. If a person requests a hearing to appeal an assessment,  the director shall not take further action to enforce and collect the assessment until the hearing process is complete. The director shall impose a civil penalty only for those days on which the violation has been documented by the department.
B. In determining the civil penalty pursuant to subsection A,  the department shall consider the following:
1. Repeated violations of statutes or rules.
2. Patterns of noncompliance.
3. Types of violations.
4. Severity of violations.
5. Potential for and occurrences of actual harm.
6. Threats to health and safety.
7. Number of children affected by the violations.
8. Number of violations.
9. Size of the facility.
10. Length of time during which violations have been occurring.
C. If a civil penalty imposed pursuant to subsection A is not paid,  the attorney general or a county attorney shall file an action to collect the civil penalty in a justice court or the superior court in the county in which the violation occurred.
D. Unless a license is revoked or suspended,  the director shall place the license of a child care facility subject to a civil penalty pursuant to subsection A on provisional license status for a period of time not to exceed six months in addition to other penalties imposed pursuant to this article.
E. Civil penalties collected pursuant to this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
F. The department shall develop an instrument that documents compliance and noncompliance of child care facilities according to the criteria prescribed in its rules governing child care facility licensure. Blank copies of the instrument,  which shall be in standardized form,  shall be made available to the public.
G. The director shall establish a child care facility training program to provide training for child care facilities and users of child care services,  technical assistance materials for child care facilities and information to enhance consumer awareness.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-891.01 - Intermediate sanctions; notification of compliance; hearing

36-891.01.
Intermediate sanctions;  notification of compliance;  hearing
A. If the director has reasonable cause to believe that a licensee is violating this article or rules adopted pursuant to this article and that the health or safety of the children is endangered,  the director may impose,  on written notice to the licensee,  one or more of the following intermediate sanctions until the licensee is in substantial compliance with this article:
1. Immediate restrictions on new admissions to the child care facility.
2. Termination of specific services that the facility may offer.
3. Reduction of the facility's capacity.
B. A child care facility sanctioned pursuant to this section shall notify the department in writing when it is in substantial compliance. On receipt of notification the department shall conduct an inspection. If the department determines that the facility is in substantial compliance the director shall immediately rescind the sanctions. If the department determines that the facility is not in substantial compliance the sanctions remain in effect. The facility may then notify the department of substantial compliance not sooner than fourteen days after the date of that inspection. If the department determines on the return inspection that the facility is still not in substantial compliance the sanctions remain in effect. Thereafter,  a facility may notify the department of substantial compliance not sooner than thirty days after the date of the last inspection. A facility shall make all notifications of substantial compliance by certified mail. The department shall conduct all inspections required pursuant to this subsection within fourteen days after receipt of notification of substantial compliance. If the department does not conduct an inspection within this time period,  the sanctions have no further effect.
C. A person who has been ordered by the director to restrict admission,  reduce capacity or terminate specific services may request a hearing to review the director's action. The person shall make this request in writing within ten days after the person receives notice of the director's action. The office of administrative hearings shall conduct an administrative hearing within seven business days after the notice of appeal has been filed with the office of administrative hearings.
D. A hearing conducted pursuant to this section shall comply with the requirements of title 41,  chapter 6,  article 10.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-893 - Legal action or sale; effect on licensure

36-893.
Legal action or sale;  effect on licensure
A. The department shall not act on an application for licensure of a currently licensed child care facility while any enforcement or court action related to child care facility licensure is pending against that facility's current licensee.
B. The director may continue to pursue any court,  administrative or enforcement action against the licensee even though the facility is in the process of being sold or transferred to a new owner.
C. The department shall not approve a change in facility ownership unless it determines that there has been a transfer of all legal and equitable interests,  control and authority in the facility so that persons other than the transferring licensee,  that licensee's agent or other parties exercising authority or supervision over the facility's daily operations or staff are responsible for and have control over the facility.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-894 - Medical marijuana; child care facilities; prohibition

36-894.
Medical marijuana;  child care facilities;  prohibition
(Added with a 1998 Prop. 105 clause pursuant to L12,  Ch. 159)
A person,  including a cardholder as defined in section 36-2801,  may not lawfully possess or use marijuana in any child care facility in this state.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-895 - Licensing and monitoring of child care facilities; financial agreements

36-895.
Licensing and monitoring of child care facilities;  financial agreements
A. The department of health services shall license child care facilities and monitor their operation to ensure that the level of care being provided is adequate. The department of economic security shall not duplicate the monitoring functions of the department of health services and shall accept the decisions of the department of health services concerning compliance with licensing standards.
B. The department of economic security may prepare and enter into financial agreements with child care providers as defined in section 46-801.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-897 - Definitions

36-897.
Definitions
In this article,  unless the context otherwise requires:
1. " Child care group home"  means a residential facility in which child care is regularly provided for compensation for periods of less than twenty-four hours per day for not less than five children but no more than ten children through the age of twelve years.
2. " Department"  means the department of health services.
3. " Provider"  means the certificate holder or a person the certificate holder designates in writing who,  pursuant to applicable statutes and rules,  is to be responsible for direct daily supervision,  operation and maintenance of the child care group home.
4. " Substantial compliance"  means that the nature or number of violations revealed by any type of inspection or investigation of an applicant for certification as a child care group home or a certified child care group home does not pose a direct risk to the life,  health or safety of children.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-897.02 - Standards of care; monitoring

36-897.02.
Standards of care;  monitoring
A. The department by rule shall establish standards of care for child care group homes. These rules shall include minimum programmatic,  personnel,  supervision of children,  training,  physical environment and financial stability standards.
B. At least two adults shall be present in the child care group home when six to ten children are cared for in the home.
C. For purposes of certification of the child care group home,  the provider's own children shall not be counted.
D. The total number of children present in a child care group home at any given time for whom compensation is received shall not exceed ten.
E. The total number of children present in a child care group home at any given time,  including children related to the provider,  shall not exceed fifteen.
F. The department shall monitor the operation of a child care group home at least two times each year to ensure that the child care group home is meeting department standards of care.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-897.04 - Exemptions

36-897.04.
Exemptions
A. This article does not apply to the care given to children by or in:
1. The homes of their own parents.
2. A religious institution conducting a nursery in conjunction with its religious services.
3. A unit of the public school system.
4. A regularly organized private school engaged in an educational program which may be attended in substitution for public school pursuant to section 15-802.
5. Any facility that provides training only in specific subjects,  including dancing,  drama,  music,  self-defense or religion.
6. Any facility that provides only recreational or instructional activity to school age children who may come to and go from that facility at their own volition.
B. If regularly organized private schools exempt under subsection A,  paragraph 4 of this section provide child care beyond public school hours or for children who are not regularly enrolled in kindergarten programs or grades one through twelve,  that portion of the school providing this care shall be considered a child care group home and is subject to this article.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-897.05 - Inspection of child care group homes

36-897.05.
Inspection of child care group homes
A. The department or designated local health departments or its agents may at any time visit,  during hours of operation,  and inspect a child care group home in order to determine whether it is certified and is being conducted in compliance with applicable law,  this article and rules adopted pursuant to this article.
B. The department shall visit each child care group home as often as necessary to assure continued compliance with this article and the rules adopted pursuant to this article. At least one unannounced visit shall be made annually.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-897.06 - Civil penalty; collection

36-897.06.
Civil penalty;  collection
A. The director may impose a civil penalty on a person who violates this article or rules adopted pursuant to this article in an amount of not more than one hundred dollars for each violation. Each day that a violation occurs constitutes a separate violation. The director may issue a notice that includes the proposed amount of the civil penalty assessment. A person may appeal the assessment by requesting an administrative hearing. If a person requests a hearing to appeal an assessment,  the director shall not take further action to enforce and collect the assessment until the hearing process is complete. The director shall impose a civil penalty only for those days on which the violation has been documented by the department.
B. In determining the civil penalty pursuant to subsection A,  the department shall consider the following:
1. Repeated violations of statutes or rules.
2. Patterns of noncompliance.
3. Types of violations.
4. Severity of violations.
5. Potential for and occurrences of actual harm.
6. Threats to health and safety.
7. Number of children affected by the violations.
8. Number of violations.
9. Size of the facility.
10. Length of time during which violations have been occurring.
C. If a civil penalty imposed pursuant to subsection A of this section is not paid,  the attorney general or a county attorney shall file an action to collect the civil penalty in a justice court or the superior court in the county in which the violation occurred.
D. Civil penalties collected pursuant to subsection A of this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
E. The department shall develop an instrument that documents compliance and noncompliance of child care group homes according to the criteria prescribed in its rules governing child care group home certification. Blank copies of the instrument,  which shall be in standardized form,  shall be made available to the public.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-897.08 - Intermediate sanctions; notification of compliance; hearing

36-897.08.
Intermediate sanctions;  notification of compliance;  hearing
A. If the director has reasonable cause to believe that a child care group home is in violation of this article or a rule adopted pursuant to this article and that the health or safety of the children is endangered,  on written notice to the child care group home the director may impose one or more of the following intermediate sanctions until the child care group home is in substantial compliance:
1. Immediately restrict admissions to the child care group home.
2. Terminate specific services that the child care group home may offer.
3. Reduce the child care group home's capacity.
B. A child care group home sanctioned pursuant to this section shall notify the department in writing when it is in substantial compliance. On receipt of notification the department shall conduct an inspection. If the department determines that the child care group home is in substantial compliance the director shall immediately rescind the sanctions. If the department determines that the child care group home is not in substantial compliance the sanctions remain in effect. The child care group home may then notify the department of substantial compliance not sooner than fourteen days after the date of that inspection. If the department determines on the return inspection that the child care group home is still not in substantial compliance the sanctions remain in effect. Thereafter,  a child care group home may notify the department of substantial compliance not sooner than thirty days after the date of the last inspection. A child care group home shall make all notifications of substantial compliance by certified mail. The department shall conduct all inspections required pursuant to this subsection within fourteen days after receipt of notification of substantial compliance. If the department does not conduct an inspection within this time period,  the sanctions have no further effect.
C. On written request by a person who has been sanctioned pursuant to this section the director or the director's designee shall conduct a hearing to review the sanctions. A request for a hearing shall be made by certified mail within ten days after receipt of notice of the sanctions. The office of administrative hearings shall conduct an administrative hearing within seven business days after the notice of appeal has been filed with the office of administrative hearings.
D. A hearing conducted pursuant to this section shall comply with the requirements of title 41,  chapter 6,  article 10.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-897.09 - Operating without a certificate; notice; hearing; violation; classification

36-897.09.
Operating without a certificate;  notice;  hearing;  violation;  classification
A. If the department has reasonable cause to believe that a person is operating a child care group home without a certificate,  it shall notify that person to cease operation within ten days of receiving the notice. The department shall give notice either by certified mail or by personal service. The notice shall state that the person may make a written request for a hearing before the director or the director's designee pursuant to title 41,  chapter 6,  article 10.
B. If a person fails to cease operation,  the department may request that the county attorney of the county in which the home is located enforce this article. The department may also notify the attorney general who shall immediately seek a restraining order and an injunction against the home.
C. A person who continues to operate a child care group home without certification ten days after receiving notice pursuant to this section is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-897.10 - Pending action or sale; effect on licensure

36-897.10.
Pending action or sale;  effect on licensure
A. The department shall not act on an application for certification of a currently certified child care group home while any enforcement or court action related to child care group home certification is pending against that group home's current certificate holder.
B. The director may continue to pursue any court,  administrative or enforcement action against the certificate holder even if the group home is in the process of being sold or transferred to a new owner.
C. The department shall not approve a change in group home ownership unless it determines that there has been a transfer of legal and equitable interests,  control and authority in the group home so that persons other than the transferring certificate holder,  that certificate holder's agent or other parties exercising authority or supervision over the group home's daily operations or staff are responsible for and have control over the group home.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-897.11 - Injunctions; definition

36-897.11.
Injunctions;  definition
A. If the department believes that a child care group home is operating under conditions that may cause serious harm to children,  the department shall notify the attorney general or the county attorney of the county in which the child care group home is located who shall immediately seek a restraining order and injunction against the home.
B. For the purposes of this section,  " serious harm"  means a substantial physical injury.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-897.12 - Inspection of records

36-897.12.
Inspection of records
A. Records maintained by the department for child care group homes are available to the public for review and copying.
B. Personally identifiable information that relates to a child,  parent or guardian is confidential. The department shall disclose this information only as follows:
1. Pursuant to a court order.
2. Pursuant to a written consent signed by the parent or guardian.
3. To a law enforcement officer who requires it for official purposes.
4. To an official of a governmental agency who requires it for official purposes.
C. The department shall enter into the child care group home's case file,  contiguous to the form containing the reported violations,  those documents that verify correction of reported violations.