reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-439.04 - Colocation; outpatient treatment centers; health care providers

36-439.04.
Colocation;  outpatient treatment centers;  health care providers
A. The governing authority of a licensed collaborating outpatient treatment center or a collaborating exempt outpatient treatment center,  by agreement,  may share common areas and may share nontreatment personnel with one or more exempt health care providers or one or more licensed counseling facilities pursuant to section 36-439.02.
B. Treatment areas that are licensed under an outpatient treatment center may also be used by an exempt health care provider or an exempt outpatient treatment center if the provider's treatment areas and hours of operation are clearly identified by signage to the public and notice to the department.
C. Notwithstanding subsections A and B of this section,  a licensed or exempt outpatient treatment center may contract with or employ an exempt health care provider to provide health care services to the licensed or exempt outpatient treatment center's patients.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-439.05 - Outpatient treatment center employees; behavioral health services; private office or clinic of an exempt health care provider

36-439.05.
Outpatient treatment center employees;  behavioral health services;  private office or clinic of an exempt health care provider
A. Notwithstanding any other provision in this article,  an employee of a licensed outpatient treatment center or an exempt outpatient treatment center that provides behavioral health services may provide behavioral health services at a private office or clinic that is operated by an exempt health care provider under the following circumstances:
1. The services are provided to a patient of the exempt health care provider,  the exempt outpatient treatment center or the licensed outpatient treatment center.
2. The licensed outpatient treatment center or the exempt outpatient treatment center and the exempt health care provider have a written agreement specifying all of the following:
(a) The services to be provided.
(b) The responsibility for billing for the services provided.
(c) Liability for the actions of the licensed outpatient treatment center's or the exempt outpatient treatment center's employee.
(d) The responsibility for maintenance,  access to and confidentiality of medical records.
(e) That the medical records for the behavioral health services provided by the licensed outpatient treatment center's or the exempt outpatient treatment center's employee are stored at the outpatient treatment center,  in addition to any provisions for maintaining and storing the medical records at other sites.
B. A licensed outpatient treatment center and an exempt outpatient treatment center shall report to the department any unexpected death,  self-injury or other injury of a patient under the care of its employee that occurs on the premises of an exempt health care provider and whether the injury required medical attention. The department may report the incident to the licensing board of any health care professional who is involved in the incident.
C. Unlicensed employees of a licensed outpatient treatment center or an exempt outpatient treatment center may provide services at the private office or clinic of the exempt health care professional only when a licensed health care professional who is employed by the licensed or exempt outpatient treatment center is on-site.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-441 - Health care utilization committees; immunity; exception; definition

36-441.
Health care utilization committees;  immunity;  exception;  definition
A. A person who without malice makes a decision or recommendation as a member,  agent or employee of a health care utilization committee or who furnishes any records,  information or assistance to that committee at its request is not subject to liability for civil damages or any legal action in consequence of that action. In any such action,  the absence of malice is presumed. This presumption may be overcome only by a showing of clear and convincing evidence. This section does not relieve a person of liability arising from treatment of a patient. For the purposes of this subsection,  " malice"  means evil intent and outrageous,  oppressive or intolerable conduct that creates a substantial risk of tremendous harm to others.
B. All proceedings,  records and materials prepared in connection with the activities of a health care utilization committee are confidential and are not subject to discovery except:
1. In proceedings before the Arizona medical board or the board of osteopathic examiners.
2. In actions by an individual health care provider against the health care institution or outpatient surgical center arising from the discipline or other adverse action taken against the individual as a result of utilization review.
C. No member of a utilization review committee,  person engaged in assisting the committee or person furnishing information to the committee may be subpoenaed to testify in a judicial or quasi-judicial proceeding if the subpoena is based solely on the utilization review committee's activities.
D. This section does not:
1. Affect a patient's claim to privilege or privacy.
2. Prevent the subpoena of a patient's medical records if they are otherwise subject to discovery.
3. Restrict the powers and duties of the director pursuant to this chapter with respect to records and information that are not subject to this section.
E. In a legal action brought against a hospital or outpatient surgical center for failure to adequately perform utilization review,  representatives of the facility may testify as to whether there was utilization review with respect to the subject matter of the litigation.
F. All proceedings,  records and materials prepared in connection with utilization review are confidential and inadmissible as evidence in a court proceeding.
G. For the purposes of this section,  " health care utilization committee"  means a committee established by a hospital or an outpatient surgical center to review or evaluate the utilization,  appropriateness and necessity of health care services provided by that facility.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-445 - Review of certain medical practices

36-445.
Review of certain medical practices
The governing body of each licensed hospital or outpatient surgical center shall require that physicians admitted to practice in the hospital or center organize into committees or other organizational structures to review the professional practices within the hospital or center for the purposes of reducing morbidity and mortality and for the improvement of the care of patients provided in the institution. Such review shall include the nature,  quality and necessity of the care provided and the preventability of complications and deaths occurring in the hospital or center. Such review need not identify the patient or doctor by name but may use a case number or some other such designation.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-445.01 - Confidentiality of information; conditions of disclosure

36-445.01.
Confidentiality of information;  conditions of disclosure
A. All proceedings,  records and materials prepared in connection with the reviews provided for in section 36-445,  including all peer reviews of individual health care providers practicing in and applying to practice in hospitals or outpatient surgical centers and the records of such reviews,  are confidential and are not subject to discovery except in proceedings before the Arizona medical board or the board of osteopathic examiners,  or in actions by an individual health care provider against a hospital or center or its medical staff arising from discipline of such individual health care provider or refusal,  termination,  suspension or limitation of the health care provider's privileges. No member of a committee established under the provisions of section 36-445 or officer or other member of a hospital's or center's medical,  administrative or nursing staff engaged in assisting the hospital or center to carry out functions in accordance with that section or any person furnishing information to a committee performing peer review may be subpoenaed to testify in any judicial or quasi-judicial proceeding if the subpoena is based solely on those activities.
B. This article does not affect any patient's claim to privilege or privacy or to prevent the subpoena of a patient's medical records if they are otherwise subject to discovery or to restrict the powers and duties of the director pursuant to this chapter,  with respect to records and information that are not subject to this article. In any legal action brought against a hospital or outpatient surgical center licensed pursuant to this chapter claiming negligence for failure to adequately do peer review,  representatives of the hospital or center are permitted to testify as to whether there was peer review as to the subject matter being litigated. The contents and records of the peer review proceedings are fully confidential and inadmissible as evidence in any court of law.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-445.02 - Immunity relating to review of medical practices

36-445.02.
Immunity relating to review of medical practices
A. Any individual who,  in connection with duties or functions of a hospital or outpatient surgical center pursuant to section 36-445,  makes a decision or recommendation as a member,  agent or employee of the medical or administrative staff of a hospital or center or of one of its review committees or related organizations or who furnishes any records,  information,  or assistance to such medical staff or review committee or related organization is not subject to liability for civil damages or legal action in consequence thereof.
B. No hospital or outpatient surgical center and no individual involved in carrying out review or disciplinary duties or functions of a hospital or center pursuant to section 36-445 may be liable in damages to any person who is denied the privilege to practice in a hospital or center or whose privileges are suspended,  limited or revoked. The only legal action which may be maintained by a licensed health care provider based on the performance or nonperformance of such duties and functions is an action for injunctive relief seeking to correct an erroneous decision or procedure. The review shall be limited to a review of the record. If the record shows that the denial,  revocation,  limitation or suspension of membership or privileges is supported by substantial evidence,  no injunction shall issue. In such actions,  the prevailing party shall be awarded taxable costs,  but no other monetary relief shall be awarded.
C. Nothing in this section relieves any individual,  hospital or outpatient surgical center from liability arising from treatment of a patient.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-445.03 - Limitation of publication; identity of patient confidential

36-445.03.
Limitation of publication;  identity of patient confidential
Any publication of the results of a review for the purposes provided in sections 36-445 and 36-445.01 shall be made only for the purposes provided in those sections and shall keep confidential the identity of any patient whose condition,  care or treatment was a part thereof.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-445.04 - Freestanding urgent care center incident reporting; confidentiality requirement

36-445.04.
Freestanding urgent care center incident reporting;  confidentiality requirement
If a patient's death occurs at a freestanding urgent care center,  the center shall report the death to the department not later than the next department workday. The department shall not release personally identifiable patient or physician information.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-446.01 - Licensure or certification requirements

36-446.01.
Licensure or certification requirements
A. A nursing care institution shall not operate in this state except under the supervision of an administrator licensed pursuant to this article.
B. An assisted living facility shall not operate in this state except under the supervision of a manager certified pursuant to this article.
C. It is unlawful for any person who does not have a license or certificate,  or whose license or certificate has lapsed or has been suspended or revoked,  to practice or offer to practice skilled nursing facility administration or assisted living facility management or use any title,  sign,  card or device indicating that such person is an administrator or manager.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-446.02 - Board of examiners; terms; meetings; quorum; effect of vacancies; compensation

36-446.02.
Board of examiners;  terms;  meetings;  quorum;  effect of vacancies;  compensation
A. The board of examiners of nursing care institution administrators and assisted living facility managers is established consisting of eleven members appointed by the governor.
B. The board shall include:
1. One administrator who holds an active license issued pursuant to this article.
2. One manager who holds an active license issued pursuant to this article.
3. One administrator of a nonprofit or faith-based skilled nursing facility.
4. One administrator of a proprietary skilled nursing facility.
5. Two managers of an assisted living center as defined in section 36-401.
6. One manager of an assisted living home as defined in section 36-401.
7. Two public members who are not affiliated with a nursing care institution or an assisted living facility.
8. One public member who represents an organization that advocates for the elderly.
9. One person who is a family member of a resident in either a skilled nursing facility or an assisted living facility at the time the person is appointed to the board.
C. Board members who are not affiliated with a nursing care institution or an assisted living facility shall not have a direct financial interest in nursing care institutions or assisted living facilities.
D. A board member shall not serve on any other board relating to long-term care during the member's term with the board.
E. The term of a board member automatically ends when that member no longer meets the qualifications for appointment to the board. The board shall notify the governor of the board vacancy.
F. Board members who are not affiliated with a nursing care institution or an assisted living facility shall be appointed for two-year terms. Board members who are the administrator of a nursing care institution or the manager of an assisted living facility shall be appointed for three-year terms.
G. A board member shall not serve for more than two consecutive terms.
H. The board shall meet at least twice a year.
I. A majority of the board members constitutes a quorum.
J. Board members are eligible to receive compensation as determined pursuant to section 38-611 for each day actually spent performing their duties under this chapter.
K. A board member who is absent from three consecutive regular meetings or who fails to attend more than fifty percent of board meetings over the course of one calendar year vacates the board member's position. The board shall notify the governor of the vacancy.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-446.05 - Reciprocity; present administrators

36-446.05.
Reciprocity;  present administrators
The board may issue a nursing care institution administrator's license,  without examination or with partial examination,  to any person who holds a current license from another state or territory of the United States provided the standards for licensure in such other state or territory of the United States are at least substantially equivalent to those prevailing in this state,  and provided that the applicant is otherwise qualified.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-446.06 - Temporary licenses and certificates

36-446.06.
Temporary licenses and certificates
A. The board may issue a temporary nursing care institution administrator's license or temporary assisted living facility manager's certificate to individuals who are determined to meet standards established by the board and may revoke or suspend temporary licenses or certificates previously issued by the board in any case in which the individual holding a license or certificate is determined to have substantially failed to conform to the requirements of such standards during the term of the temporary license or certificate.
B. A temporary license or certificate is automatically revoked if the licensee or certificate holder fails either the state or national examination during the term of the license or certificate.
C. Temporary licenses or certificates may be issued without examination,  for a single nonrenewable period of one hundred fifty days,  to a qualified individual for the purpose of enabling the individual to fill a nursing care institution administrator or assisted living facility manager position. Qualifications for a temporary license or certificate shall include the ability to meet such other standards as are established by the board.
D. An applicant for a temporary license or certificate shall not have failed a state or national examination either before or after applying for the temporary license or certificate.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-446.08 - Nursing care institution administrators' licensing and assisted living facility managers' certification fund; investment of fund monies

36-446.08.
Nursing care institution administrators' licensing and assisted living facility managers' certification fund;  investment of fund monies
A. The nursing care institution administrators' licensing and assisted living facility managers' certification fund is established.
B. Pursuant to sections 35-146 and 35-147,  the board shall deposit ten per cent of all monies collected pursuant to this article in the state general fund and deposit the remaining ninety per cent in the nursing care institution administrators' licensing and assisted living facility managers' certification fund. All monies derived from civil penalties collected pursuant to section 36-446.07,  subsection C shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
C. Monies deposited in the nursing care institution administrators' licensing and assisted living facility managers' certification fund are subject to the provisions of section 35-143.01.
D. On notice from the board,  the state treasurer shall invest and divest monies in the fund as provided by section 35-313,  and monies earned from investment shall be credited to the fund.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-446.09 - Violations; classification

36-446.09.
Violations;  classification
A. Any person who manages,  directs and controls the operation of a nursing care institution or an assisted living facility without a current and valid license or certificate as required by this article or who otherwise violates any provisions of this article is guilty of a class 2 misdemeanor. Each day of violation shall constitute a separate offense.
B. Action taken under subsection A shall not be a bar to enforcement of this article and the standards and rules issued and adopted pursuant to this article,  by injunction or other appropriate remedy,  and the board may institute and maintain in the name of this state any such enforcement proceeding.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-446.10 - Confidentiality of records; release of complainant's name and nature of complaint

36-446.10.
Confidentiality of records;  release of complainant's name and nature of complaint
A. Except as provided in subsection B,  all records concerning a pending investigation,  examination materials,  records of examination grading and applicants' performance and transcripts of educational institutions concerning applicants are confidential and are not public records. " Records of applicants' performance"  does not include records of whether an applicant passed or failed an examination.
B. During a pending investigation,  the board shall inform the administrator or manager who is the subject of the complaint of the name of the complainant and the nature of the complaint if so requested.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-446.11 - Relief from civil liability

36-446.11.
Relief from civil liability
Members,  employees and agents of the board and members of review committees shall not be held civilly liable for acts done or actions taken by any of these persons if such persons act in good faith following the requirements of this article. A person who in good faith reports or provides information to the board shall not be held civilly liable as a result of doing so.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-446.12 - Fees

36-446.12.
Fees
A. The board by rule shall establish nonrefundable fees and penalties for the following for nursing care institution administrators:
1. Initial application.
2. Examination for licensure as a nursing care institution administrator.
3. A license as a nursing care institution administrator.
4. Renewing an active biennial license.
5. Renewing an inactive biennial license.
6. A temporary license as a nursing care institution administrator.
7. Readministering the state examination.
8. Readministering the national examination.
9. A duplicate license.
10. Late renewal of a license.
11. Certifying licensure status.
12. Reviewing the sponsorship of continuing education programs,  for each credit hour.
13. Reviewing an individual's request for continuing education credit hours,  for each credit hour.
B. The board shall prorate on a monthly basis fees paid for an initial license as a nursing care institution administrator.
C. The board by rule shall limit by percentage the amount it may increase a fee above the amount of a fee previously prescribed by the board pursuant to this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-446.13 - Unlawful act; unlicensed operation; injunction

36-446.13.
Unlawful act;  unlicensed operation;  injunction
A. On application by the board,  the superior court may issue an injunction to enjoin the activities of a person who purports to be licensed pursuant to this article or who is engaging in the activities of a nursing care institution administrator without a license.
B. In a petition for injunction filed pursuant to this section,  it is sufficient to charge that the respondent on a certain day in a named county engaged in the activities of a nursing care institution administrator without a license and without being exempt from the licensing requirements of this article.
C. For the purposes of this section,  damage or injury is presumed.
D. A petition for an injunction to enjoin unlicensed activities shall be filed in the name of this state in the superior court in the county where the respondent resides or may be found or in Maricopa county. On request of the board,  the attorney general shall file the injunction.
E. Issuance of an injunction does not relieve the respondent from being subject to other proceedings as provided in this article.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-446.15 - Assisted living facility caregivers; training and competency requirements; medication administration; testing

36-446.15.
Assisted living facility caregivers;  training and competency requirements;  medication administration;  testing
A. Notwithstanding any other law,  a person who successfully completes the training and competency requirements developed by the Arizona health care cost containment system administration for in-home direct care workers satisfies the training requirements for assisted living facility caregivers,  except for medication administration training required by the assisted living facility caregiver's scope of practice.
B. An individual who meets the requirements specified in subsection A of this section and who registers for a medication administration examination is required to take and successfully complete only the part of the assisted living facility caregiver examination that covers the subject of medication administration.
C. The testing of an individual for medication administration competency:
1. Shall be conducted in accordance with the testing standards adopted by the board.
2. May be conducted by a training school approved by the board or by the assisted living facility that provided the training for the individual.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-446.16 - Assisted living facility caregivers; training requirements; board standards; definition

36-446.16.
Assisted living facility caregivers;  training requirements;  board standards;  definition
A. Except as provided in section 36-446.15,  an individual shall successfully complete either of the following requirements for certification as an assisted living facility caregiver:
1. Both of the following:
(a) Sixty-two hours of on-the-job training under the direct supervision of any of the following health professionals:
(i) A physician who is licensed pursuant to title 32,  chapter 13 or 17.
(ii) A registered nurse practitioner,  registered nurse or licensed practical nurse who is licensed pursuant to title 32,  chapter 15.
(iii) A pharmacist who is licensed pursuant to title 32,  chapter 18.
(iv) A physician assistant who is licensed pursuant to title 32,  chapter 25.
(v) A certified assisted living facility manager with at least five years of experience. Only thirty-one of the sixty-two hours of on-the-job training may be under the direct supervision of a certified assisted living facility manager.
(b) Pass the board-required examination with a score of at least seventy-five percent.
2. The board's required curriculum and examination for assisted living facility caregiver certification.
B. The board shall prescribe standards by rule for the on-the-job training prescribed in subsection A,  paragraph 1,  subdivision (a) of this section.
C. For the purposes of this section,  " direct supervision"  means the on-site,  in-view observation and guidance of a caregiver who is in training by the supervising health professional.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-447.01 - Nursing care institutions; notification of services; screening; annual reviews

36-447.01.
Nursing care institutions;  notification of services;  screening;  annual reviews
A. A nursing care institution,  before admitting a patient,  shall give the patient and his representative a booklet developed by the Arizona health care cost containment system administration pursuant to section 36-2936 that describes in clear and simple language the availability of services and benefits from the Arizona long-term care system pursuant to chapter 29,  article 2 of this title. The booklet shall:
1. Explain the availability of preadmission screening that shall assess the functional,  medical,  nursing and social needs of the patient and make recommendations on services which meet the patient's needs as identified by the preadmission screening assessment.
2. Describe the availability of public and private services appropriate to meet the patient's needs in institutions and alternatives to institutions.
3. Explain financial eligibility standards for the Arizona long-term care system and its effect on separate and community property.
B. All nursing care institutions shall provide the booklet described in subsection A of this section to all of their existing patients who are not currently enrolled and receiving services pursuant to chapter 29,  article 2 of this title or designated representative,  regardless of the manner by which any patient's cost of care is paid.
C. A nursing care institution certified pursuant to title XIX of the social security act shall cooperate with the Arizona health care cost containment system administration in conducting preadmission screening and annual reviews pursuant to the omnibus budget reconciliation act of 1987 (P.L. 100-203) as amended by the medicare catastrophic coverage act of 1988.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-447.02 - Nursing care institutions; therapeutic substitutions

36-447.02.
Nursing care institutions;  therapeutic substitutions
A. A nursing care institution's quality assessment and assurance committee established pursuant to 42 Code of Federal Regulations section 483.75(o) may establish written guidelines or procedures for making therapeutic substitutions if the committee membership also includes a pharmacist who is licensed in this state. If a nursing care institution does not have a quality assessment and assurance committee,  the nursing care institution may establish a committee for the purpose of establishing written guidelines or procedures for making therapeutic substitutions that consists of the same members as required under 42 Code of Federal Regulations section 483.75(o) and includes a pharmacist who is licensed pursuant to title 32,  chapter 18.
B. A pharmacy used by a nursing care institution may make therapeutic substitutions consistent with the institution's written guidelines or procedures if the use of the therapeutic substitution has been approved for a patient during the period of the patient's stay in the nursing care institution by the patient's health care provider who is licensed under title 32,  who has prescription authority under title 32 and who has prescribed a medication for the patient that the patient is currently taking.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-448.01 - Definitions

36-448.01.
Definitions
In this article,  unless the context otherwise requires:
1. " Medication-assisted treatment"  has the same meaning prescribed in section 32-3201.01.
2. " Pain management clinic" :
(a) Means a health care institution or a private office or clinic of a health care provider licensed under title 32 in which a majority of the facility's patients in any month are prescribed opioids,  benzodiazepines,  barbiturates or carisoprodol,  not including for medication-assisted treatment,  by a health care provider from the health care institution or private office or clinic for more than ninety days in a twelve-month period.
(b) Does not include a hospital,  urgent care center,  ambulatory surgical center,  hospice facility or nursing care institution.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-448.02 - Pain management clinics; licensure requirements; rules

36-448.02.
Pain management clinics;  licensure requirements;  rules
A. Beginning January 1,  2019,  a pain management clinic shall meet the same licensure requirements as prescribed in article 2 of this chapter for health care institutions. At the time of licensure,  a pain management clinic shall submit to the director all documentation required by this article.
B. The department shall adopt rules that prescribe the following for pain management clinics:
1. Informed consent requirements.
2. The responsibilities of the medical director.
3. Record maintenance.
4. Reporting requirements.
5. Physical examination requirements.
C. Within sixty days after a health care institution or a private office or clinic of a health care provider that is licensed pursuant to title 32 meets the definition of pain management clinic,  the health care institution or private office or clinic shall apply for licensure pursuant to this section.
D. Each pain management clinic shall:
1. On or before each anniversary of the issue date of the pain management clinic's license,  submit to the director all documentation required by this article.
2. Comply with all department rules that govern pain management clinics.
3. Have a medical director who is a physician licensed pursuant to title 32,  chapter 13 or 17 and who is under an unrestricted and unencumbered license or a registered nurse practitioner who is licensed pursuant to title 32,  chapter 15,  who has advanced pain certification from a nationally recognized accreditation or certification entity and who is under an unrestricted and unencumbered license.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-448.51 - Definitions

36-448.51.
Definitions
In this article,  unless the context otherwise requires:
1. " Recovery care center"  means a health care institution or subdivision of a health care institution that provides medical and nursing services limited to recovery care services.
2. " Recovery care services"  means postsurgical and postdiagnostic medical and nursing services provided to patients for whom,  in the opinion of the attending physician,  it is reasonable to expect an uncomplicated recovery. Such patients are not expected to require intensive care services,  coronary care services,  or critical care services. Recovery care services do not include surgery services,  radiology services,  pediatric services or obstetrical services.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-448.52 - Recovery care centers; licensure

36-448.52.
Recovery care centers;  licensure
A. Except as otherwise provided in this article,  a recovery care center shall meet the same licensing requirements as prescribed in article 2 of this chapter for health care institutions.
B. A recovery care center that holds an unclassified health care facility license issued before January 1,  1992 may retain that classification until January 1,  1993 subject to its compliance with the laws and rules relating to unclassified health care facilities. Beginning January 1,  1993,  these facilities shall comply with the requirements for recovery care centers and applicable rules governing recovery care centers.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-448.53 - Recovery care centers; administration; bylaws; administrator; duties; notification

36-448.53.
Recovery care centers;  administration;  bylaws;  administrator;  duties;  notification
A. The governing authority of a recovery care center shall adopt bylaws that identify the purposes and basic governance of the recovery care center. The governing authority shall appoint an administrator for the management of the recovery care center. The administrator is directly responsible to the governing authority for the management and operation of the recovery care center and shall act as a liaison between the governing authority and the medical staff.
B. The administrator shall maintain written policies regarding organization,  administrative authority and responsibility in order to provide the recovery care center with administrative direction.
C. The governing authority of the recovery care center shall notify the department of any change in ownership or administrator at least thirty days before the effective date of the change. However,  unanticipated changes may be reported immediately after they occur.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-448.54 - Admission of patients

36-448.54.
Admission of patients
A. A recovery care center shall maintain written admission and discharge policies that are consistent with appropriate patient care and with the purposes of the recovery care center as established in its bylaws adopted pursuant to section 36-448.53.
B. An employee authorized to accept patients for admission and to make administrative decisions concerning their disposition shall be available at all times.
C. Patients shall be provided with identification at the time of their admission.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-448.55 - Medical staff; requirements; nursing care

36-448.55.
Medical staff;  requirements;  nursing care
A. A recovery care center shall have an organized medical staff responsible to the governing authority for the quality of medical care provided to patients and for the ethical and professional practices of its members. Subject to final action by the governing authority,  the medical staff shall adopt bylaws and related procedures for the proper conduct of its activities. The medical staff of a recovery care center shall consist of two or more physicians.
B. A member of the medical staff shall admit patients to the recovery care center in accordance with medical staff bylaws,  and patients shall be under the general care of a physician.
C. The medical staff is responsible for assuring the availability of physician services in the event of an emergency.
D. A recovery care center shall have an organized nursing service to provide nursing care to meet the needs of each patient. A recovery care center shall employ a registered nurse as director of nursing who is present at least forty hours each week when patients are in the facility. At least one registered nurse and one other nursing personnel shall be on duty at all times when there are patients in the facility. The nursing department shall be staffed at all times based on the number of patients and their health care needs. A staffing plan shall be maintained that includes individual staffing patterns for each nursing unit.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-449.01 - Definitions

36-449.01.
Definitions
In this article,  unless the context otherwise requires:
1. " Abortion"  means the use of any means with the intent to terminate a woman's pregnancy for reasons other than to increase the probability of a live birth,  to preserve the life or health of the child after a live birth,  to terminate an ectopic pregnancy or to remove a dead fetus. Abortion does not include birth control devices or oral contraceptives.
2. " Abortion clinic"  means a facility,  other than a hospital,  in which five or more first trimester abortions in any month or any second or third trimester abortions are performed.
3. " Bodily remains"  has the same meaning prescribed in section 36-2151.
4. " Director"  means the director of the department of health services.
5. " Final disposition"  has the same meaning prescribed in section 36-301.
6. " Medication abortion"  means the use of any medication,  drug or other substance that is intended to cause or induce an abortion.
7. " Perform"  includes the initial administration of any medication,  drug or other substance intended to cause or induce an abortion.
8. " Surgical abortion"  has the same meaning prescribed in section 36-2151.
9. " Viable fetus"  has the same meaning prescribed in section 36-2301.01.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-450 - Definitions

36-450.
Definitions
In this article,  unless the context otherwise requires:
1. " Health professional"  has the same meaning prescribed in section 32-3201.
2. " Professional standards of practice"  means practicing within the scope of licensure.
3. " Retaliatory action"  means termination of or other adverse action against a health professional s employment taken by a health care institution because the professional has made a report pursuant to this article.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-450.01 - Reporting procedures

36-450.01.
Reporting procedures
A. Each health care institution licensed pursuant to this chapter shall adopt a procedure for reviewing reports made in good faith by a health professional concerning an activity,  policy or practice that the health professional reasonably believes both:
1. Violates professional standards of practice or is against the law.
2. Poses a substantial risk to the health,  safety or welfare of a patient.
B. The procedure shall include reasonable measures to maintain the confidentiality of the identity of a health professional providing information to a health care institution pursuant to this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-450.02 - Nonretaliatory policy; definition

36-450.02.
Nonretaliatory policy;  definition
A. Each health care institution that is licensed pursuant to this chapter shall adopt a policy that prohibits retaliatory action against a health professional who in good faith:
1. Makes a report to the health care institution pursuant to the requirements of section 36-450.01.
2. Having provided the health care institution a reasonable opportunity to address the report,  provides information to a private health care accreditation organization or governmental entity concerning the activity,  policy or practice that was the subject of the report.
B. A third-party contractor of a health care institution may not take retaliatory action as proscribed in this section.
C. This section does not prohibit a health care institution that is licensed pursuant to this chapter from taking action against a health professional for a purpose that is not related to a report filed pursuant to section 36-450.01.
D. Except as provided in section 23-1501,  subsection A,  paragraph 3,  subdivisions (a) and (c),  this section shall be enforced only through the provisions of this chapter.
E. There is a rebuttable presumption that any termination or other adverse action that occurs more than six months after the date of a report made pursuant to either subsection A,  paragraph 1 or 2 of this section is not a retaliatory action.
F. For the purposes of this section,  " third-party contractor"  means an entity that contracts with a health care institution to provide health care services in the health care institution by contracting or hiring health professionals.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-451 - Definitions

36-451.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Accredited laboratory"  means a laboratory which has received accreditation from an accreditation program approved by the secretary of the United States department of health and human services to meet standards of the federal clinical laboratory improvement amendments of 1988 (P.L. 100-518).
2. " Approved proficiency testing program"  means a proficiency testing program which is approved and conducted by an accredited body approved by the secretary of the United States department of health and human services to meet the standards of the federal clinical laboratory improvement amendments of 1988 (P.L. 100-518).
3. " Certified laboratory"  means a laboratory certified by the United States department of health and human services.
4. " Clinical laboratory"  or " laboratory"  means any facility,  agency,  institution,  medical office,  health care institution,  building,  or place which provides through its ownership or operation facilities for the microbiological,  serological,  chemical,  immunohematological,  hematological,  cytologic,  histologic,  radiobioassay,  cytogenetic,  histocompatibility,  pathological,  toxicological or other examination of materials derived from the human body for the purpose of providing information for the diagnosis,  prevention and treatment of a disease or an impairment or the assessment of human health conditions or to determine the presence,  absence or concentration of various substances in the body. Clinical laboratory does not include law enforcement crime laboratories.
5. " Department"  means the department of health services.
6. " Director"  means the director of the department of health services.
7. " Federally licensed laboratory"  means a laboratory licensed pursuant to the United States clinical laboratory improvement amendments of 1988 (P.L. 100-518).
8. " Governing authority"  means the individual,  agency,  group or corporation that is appointed,  elected or otherwise designated and that has the ultimate responsibility and authority for the conduct of the health care institution.
9. " Health care institution"  has the same meaning as prescribed in section 36-401.
10. " License"  means a regular license,  renewal license or provisional license issued by the department pursuant to this chapter.
11. " Person"  means any individual,  firm,  partnership,  association or corporation,  whether or not organized for profit,  or any other form of business enterprise.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-461 - Exceptions to this article

36-461.
Exceptions to this article
The provisions of this article apply to all clinical laboratories and directors of clinical laboratories but do not apply to the following:
1. Clinical laboratories operated,  licensed or certified by the United States government.
2. Certain classes of clinical laboratories and types and categories of laboratory examinations exempted from licensure by the director by rule if the director determines that the exemptions will not adversely affect public health.
3. Laboratories operated and maintained solely for research or teaching purposes if the director provides for this exemption by rule and determines that the exemption will not adversely affect public health.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-462 - License requirements; training and consultation

36-462.
License requirements;  training and consultation
A. No person shall establish,  conduct or maintain a clinical laboratory in this state or engage in the business of providing clinical laboratory services to persons within the state unless that person applies for and obtains a license pursuant to this article. The department shall issue a license to an applicant if the department determines that the applicant meets the requirements of this article and rules adopted pursuant to this article.
B. The director may provide training and consultation to laboratory personnel to ensure compliance with the licensure requirements of this article.