reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-662 - Access to records

36-662.
Access to records
In conducting an investigation of a reportable communicable disease the department of health services and local health departments may inspect and copy medical or laboratory records in the possession of or maintained by a health care provider or health care facility which are related to the diagnosis,  treatment and control of the specific communicable disease case reported. Requests for records shall be made in writing by the appropriate officer of the department of health services or local health department and shall specify the communicable disease case and the patient under investigation.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-666 - Violation; classification; immunity

36-666.
Violation;  classification;  immunity
A. A person who knowingly does the following is guilty of a class 3 misdemeanor:
1. Performs,  or permits or procures the performance of,  an HIV-related test in violation of this article.
2. Discloses,  compels another person to disclose or procures the disclosure of communicable disease related information in violation of this article.
B. A person,  health facility or health care provider disclosing communicable disease related information pursuant to or required by this article is immune from civil or criminal liability if the person,  health care facility or health care provider acted in good faith and without malice.
C. A health facility or health care provider,  including a physician,  the physician's employer or the health care facility or health care provider with which the physician is associated,  is immune from civil or criminal liability for failing to disclose communicable disease related information to a contact or a person authorized pursuant to law to consent to health care for a protected person if the health facility or health care provider acted in good faith and without malice.
D. For the purposes of this section,  good faith and the absence of malice are presumed unless the presumption is overcome by a demonstration of clear and convincing evidence to the contrary.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-667 - Civil penalty

36-667.
Civil penalty
A. The department may impose a civil penalty of not more than five thousand dollars if a person does the following in violation of this article:
1. Performs,  or permits or procures the performance of,  an HIV-related test in violation of this article.
2. Discloses,  compels another person to disclose or procures the disclosure of communicable disease related information in violation of this article.
B. The director shall deposit,  pursuant to sections 35-146 and 35-147,  all monies collected pursuant to this section in the state general fund.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-669 - Human immunodeficiency testing of prisoners

36-669.
Human immunodeficiency testing of prisoners
The state department of corrections in consultation with the department of health services may require that a prisoner be tested for the human immunodeficiency virus if the department of corrections has reasonable grounds to believe that the person is infected with the human immunodeficiency virus and is a health threat to others.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-670 - Good Samaritan; deceased person; disease testing; petition; hearing; notice; exception

36-670.
Good Samaritan;  deceased person;  disease testing;  petition;  hearing;  notice;  exception
A. A Good Samaritan may petition the court for an order authorizing testing of a deceased person for the human immunodeficiency virus,  common bloodborne diseases or other diseases specified in the petition if there are reasonable grounds to believe an exposure occurred and there is probable cause to believe that the deceased person transferred blood or other bodily fluids on or through the skin or membranes of the Good Samaritan.
B. The court shall hear the petition promptly. If the court finds that probable cause exists to believe that a possible transfer of blood or other bodily fluids occurred between the deceased person and the Good Samaritan,  the court shall order that the county medical examiner or alternate medical examiner draw two specimens of blood,  if available,  for testing and make the samples available for testing by a private health care provider or private health facility specified in the court order at the Good Samaritan's expense.
C. Notwithstanding subsection B of this section,  on written notice from the department,  the county medical examiner or alternate medical examiner is authorized to draw two specimens of blood,  if available,  during the autopsy or other examination of the deceased person's body,  for infectious disease testing. The county medical examiner or alternate medical examiner shall release the specimen only after the court issues an order pursuant to subsection B of this section. If the court does not issue an order within thirty days after the county medical examiner or alternate medical examiner collects the specimen,  the county medical examiner or alternate medical examiner shall destroy the specimen.
D. Notice of the test results shall be provided as prescribed by the department to the Good Samaritan named in the petition.
E. Section 36-665 does not apply to this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-671 - Definitions

36-671.
Definitions
In this article,  unless the context otherwise requires:
1. " Department"  means the department of health services.
2. " Director"  means the director of the department of health services.
3. " Documentary proof"  means written evidence that a pupil has been immunized or has laboratory evidence of immunity which conforms with the standards promulgated pursuant to section 15-872.
4. " Dose"  means the number in a series of immunizations which may be prescribed pursuant to section 36-672.
5. " Health agency"  means a local health department or similar governmental agency established pursuant to the laws of another state or country and its officers and employees.
6. " Immunization"  means the process of inoculation with a specific antigen to promote antibody formation in the body.
7. " Immunized"  means the required initial immunization and boosters or reimmunization prescribed pursuant to section 36-672.
8. " Laboratory evidence of immunity"  means written evidence of serologic confirmation of the presence of specific antibodies against an immunization-preventable disease which is signed by a physician or an authorized representative of a health agency.
9. " Local health department"  means local health departments established pursuant to chapter 1,  article 4 of this title.
10. " Physician"  means a person licensed pursuant to title 32,  chapter 13,  17 or 29 or a person licensed to practice allopathic or osteopathic medicine under the laws of another state or country.
11. " Pupil"  means a person who is eligible to receive instruction at a school and includes pre-kindergarten age children receiving either services for children with disabilities or day care on a school campus otherwise exempt from day care rules pursuant to section 36-884.
12. " School"  means a public,  private or parochial school that offers instruction at any level or grade through twelfth grade,  except for day care facilities regulated pursuant to chapter 7.1 of this title.
13. " School administrator"  means the principal or person having general daily control and supervision of the school or that person's designee.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-672 - Immunizations; department rules

36-672.
Immunizations;  department rules
A. Consistent with section 15-873,  the director shall adopt rules prescribing required immunizations for school attendance,  the approved means of immunization and indicated reinforcing immunizations for diseases and identifying types of health agencies and health care providers that may sign a laboratory evidence of immunity. The rules shall include the required doses and recommended optimum ages for administration of the immunizations,  persons who are authorized representatives to sign on behalf of a health agency and other provisions necessary to implement this article.
B. The director,  in consultation with the superintendent of public instruction,  shall develop by rule standards for documentary proof.
C. The following immunizations are not required for school attendance:
1. The immunization against the human papillomavirus.
2. An immunization for COVID-19 or any variant of COVID-19.
D. An immunization must be prescribed by a rule adopted pursuant to subsection A of this section before the immunization may be required for in-person school attendance.
E. Pursuant to section 1-602,  this section does not preclude a parent's right to make health care decisions for the parent's minor child.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-673 - Duties of local health departments; immunization; reimbursement; training; informed consent

36-673.
Duties of local health departments;  immunization;  reimbursement;  training;  informed consent
A. A local health department in cooperation with each school within the county shall provide for the required immunization of pupils attending school.
B. A local health department shall provide immunizations required for school attendance at no cost to the pupil or pupil's parent,  guardian or person in loco parentis. In order to receive reimbursement for the cost of the immunization from the pupil's or parent's private health insurance coverage,  the local health department may enter into a contract governing the terms of reimbursement and claims with the corresponding private health care insurer. The local health department may enter into a contract with a private health care insurer on its own,  in conjunction with other local health departments or through a qualified intermediary. If the local health department chooses not to contract with a private health care insurer,  or does not respond to the request to contract from a private health care insurer within ninety days of the request,  the insurer is not required to reimburse the local health department for the immunization. If a private health care insurer declines or does not respond to a request to contract with a local health department,  with a coalition of other local health departments or through a qualified intermediary within ninety days of the request to contract,  the private health care insurer must reimburse the local health department at the rate paid to an in-network provider.
C. A local health department,  on request by a school nurse and approval by the school administrator,  shall train and authorize the school nurse to administer required immunizations.
D. A pupil shall not be immunized without the informed consent of the parent,  guardian or person in loco parentis of the pupil. A pupil who is at least eighteen years of age or is emancipated may consent to immunization.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-674 - Providing proof of immunization

36-674.
Providing proof of immunization
A physician,  local health department or school nurse administering an immunization shall furnish documentary proof of immunization to the person immunized or,  if that person is a child,  to the child's parent or guardian or the person in loco parentis of the child.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-681 - Governmental entities; masks; prohibition; exception; definition

36-681.
Governmental entities;  masks;  prohibition;  exception;  definition
A. A governmental entity may not impose any requirement to wear a mask or face covering anywhere on the governmental entity's premises,  except where long-standing workplace safety and infection control measures that are unrelated to COVID-19 may be required.
B. The requirements of this section do not apply to a special health care district established pursuant to title 48,  chapter 31.
C. For the purposes of this section,  " governmental entity"  means this state and any political subdivision of this state,  including the judiciary,  that receives and uses state tax revenues.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-682 - Vaccinations; enforcement prohibition; violation; classification; definition

36-682.
Vaccinations;  enforcement prohibition;  violation;  classification;  definition
A. Any governmental entity may not require a person under eighteen years of age to receive a vaccination for COVID-19 or any variant of COVID-19 without the consent of a parent or guardian.
B. The county attorney may prosecute any violation of this section.
C. A person who violates this section is guilty of a class 1 misdemeanor.
D. For the purposes of this section,  " governmental entity"  means this state or any political subdivision of this state that receives and uses state tax revenues.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-685 - Vaccinations; prohibition; exception; definition

36-685.
Vaccinations;  prohibition;  exception;  definition
A. Any government entity may not require a resident of this state to receive a vaccination for COVID-19 or any variant of COVID-19.
B. Subsection A of this section does not apply to a health care institution that is owned or operated by a government entity in this state.
C. For the purposes of this section,  " government entity"  means this state and any political subdivision of this state that receives and uses tax revenues.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-691 - Acceptance of congressional act relating to maternal and child health

36-691.
Acceptance of congressional act relating to maternal and child health
A. This state accepts the conditions of title V of the social security act,  entitled " grants to states for maternal and child welfare" ,  enacted August 14,  1935,  and as amended.
B. The department of health services is designated as the state agency to cooperate with the department of health,  education and welfare for the administration of part 1 and part 4 of title V,  of the social security act.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-693 - Blood tests required; pregnant women; umbilical cord at delivery; definition

36-693.
Blood tests required;  pregnant women;  umbilical cord at delivery;  definition
A. A physician shall at the time of the first prenatal examination,  after a diagnosis of pregnancy,  take or cause to be taken a sample of the blood of the woman and submit it to an approved laboratory for a standard serological test for syphilis. If the woman has not had a serological test prior to delivery,  a sample of blood from the umbilical cord shall be taken at delivery for examination.
B. Any other person permitted by law to attend pregnant women but not permitted to take blood samples shall cause a sample of the blood of each pregnant woman attended by him to be taken under the direction of a duly licensed physician of medicine and surgery as required by subsection A. The physician shall have the sample submitted to an approved laboratory for a standard serological test for syphilis.
C. For the purpose of this section " standard serological test"  means a test for syphilis approved by the director and made at a laboratory approved by the director to make such tests. A laboratory test required by this section shall be made by the state laboratory without charge.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-694.01 - Newborn screening program fund; use; exemption

36-694.01.
Newborn screening program fund;  use;  exemption
A. The newborn screening program fund is established. The department of health services shall administer the fund. The fund consists of fees collected pursuant to section 36-694 and gifts,  grants and donations received by the department.
B. Subject to legislative appropriation,  the department shall use fund monies to support the operation of the newborn screening program prescribed under section 36-694 and rules adopted under that section.
C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-695 - Acceptance of congressional act relating to the supplemental security income to children with disabilities program

36-695.
Acceptance of congressional act relating to the supplemental security income to children with disabilities program
A. This state accepts the conditions of title XVI of the social security act,  section 1615,  enacted October 20,  1976 (P.L. 94-566;  90 Stat. 2683,  42 U.S.C. sec. 138 2d).
B. The department of health services is designated as the state agency to cooperate with the department of health and human resources for the administration of the supplemental security income to children with disabilities program,  as authorized by section 1615 of title XVI of the social security act.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-698 - Arizona children and families resource directory; distribution

36-698.
Arizona children and families resource directory;  distribution
A. The department of health services shall develop the Arizona children and families resource directory. The directory shall include a list of private and public organizations and providers that specialize in early childhood development and the services included in section 8-481,  subsection D. The purpose of the directory is to enable parents to obtain information that is critical to the development of their young children without relying on public programs.
B. The department shall distribute the directory to hospitals for distribution to the families of any newly born child to help these families answer questions concerning early childhood development.
C. The department of health services shall distribute the directory to the department of child safety for distribution to program participants in the healthy families program pursuant to section 8-481.
D. The department may provide the directory to other persons or organizations that request copies and may charge a fee to cover the department's costs to prepare these copies.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-699 - Folic acid supplements; distribution; counseling; funding

36-699.
Folic acid supplements;  distribution;  counseling;  funding
A. The department shall establish a program to distribute folic acid supplements to women of childbearing age and to provide them with counseling and information regarding the proper use of the supplements.
B. The department shall authorize local health departments and other entities to distribute the supplements and provide the counseling and information services.
C. To distribute the supplements and provide the counseling as prescribed by this section,  the department may use monies appropriated by the legislature for the federal women,  infants and children food program.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-700 - Farmers' market nutrition program

36-700.
Farmers' market nutrition program
A. The department shall establish a farmers' market nutrition program and apply to receive federal matching funds under the federal farmers' market nutrition act of 1992.
B. To provide the local funds for the farmers' market nutrition program,  the department may use monies appropriated for the federal women,  infants and children food program.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-712 - Administration by the department

36-712.
Administration by the department
The department shall:
1. Own and control all personal property or interest in that property that is devoted and used by the tuberculosis control officer for purposes of this article.
2. Be the official custodian of all files and records that belong to or were kept at the Arizona state sanatorium before the sanatorium was converted to a hospital for children with a physical disability.
3. Be the official state agency to receive for deposit in an appropriate account of the public health fund and administer and expend any funds granted,  contributed or made available by the federal government,  appropriated by the state or received from other sources for the treatment,  prevention or control of tuberculosis. Such funds are subject to title 35,  chapter 1,  article 4 and periodic review by the joint legislative budget committee.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-714 - Tuberculosis control officer

36-714.
Tuberculosis control officer
A. The tuberculosis control officer shall be appointed by the director. The control officer shall be a licensed physician experienced in the field of tuberculosis and tuberculosis control and,  subject to the supervision of the director,  shall administer and direct the activities of tuberculosis control in this state. The control officer is responsible for the detection,  supervision,  isolation,  quarantine,  investigation of contacts and all other matters pertaining to the investigation,  control and treatment of tuberculosis as provided by this article. With the cooperation of local medical societies and local health departments and boards,  the officer may conduct or supervise clinics for the diagnosis,  treatment and control of tuberculosis in convenient places throughout the state. The control officer shall maintain or cause to be maintained a register of the tuberculosis health status of known afflicted persons and of their contacts,  based on current reports obtained from physicians,  institutions,  clinics,  health departments and other authorized personnel.
B. The tuberculosis control officer may:
1. Examine any or all records,  reports and other data pertaining to the condition of afflicted persons. This information is confidential and privileged and shall not be divulged so as to disclose the identity of the person to whom it relates. The control officer or local health officer may disclose records,  reports and other data the officer possesses to health care facilities,  health care providers,  county and state agencies and courts as necessary to enforce this article and related rules concerning the control,  examination,  treatment,  monitoring,  isolation,  and quarantine of afflicted persons.
2. Inspect the facilities,  equipment,  operations and administration of institutions that provide care or treatment for afflicted persons.
3. With the approval of the director,  contract with any federal agency,  foreign government,  Indian tribal government,  any agency of this state or other state or of any political subdivision of this state or another state or any private entity to assist in the support of its tuberculosis control program with monies available to the department for that purpose. This program may include preventive,  therapeutic and rehabilitative services and shall be used to encourage the fullest development and maintenance of an integrated statewide tuberculosis control program.
C. The tuberculosis control officer shall cooperate with any federal agency,  foreign government,  Indian tribal governments,  or agency of this state or any political subdivisions of this state or other state or any private entity to qualify for and obtain their support in carrying out this article and to aid them in carrying out their respective responsibilities that relate to afflicted persons.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-715 - Costs; removal; proceedings

36-715.
Costs;  removal;  proceedings
A. The director or the director's designee may enter into reciprocal agreements with federal agencies,  foreign governments,  state agencies,  Indian tribal governments,  political subdivisions and other jurisdictions to facilitate the return of any afflicted person. The expense of this transportation may be paid by the department of economic security out of funds appropriated to it for the purpose of carrying out this article.
B. The costs of any proceeding held pursuant to this article shall be charged to the county in which the proceeding is held.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-716 - Payment of assistance

36-716.
Payment of assistance
A. An afflicted person who is under medical treatment for tuberculosis prior to release for employment and who needs or whose family needs financial assistance shall be referred to the department of economic security for determination of financial assistance eligibility.
B. The department of economic security shall determine and furnish assistance that is necessary to provide adequate support for those who have a legal claim for support or care from the afflicted person and for that person if the tuberculosis control officer or local health officer has approved that person or a member or members of that person's family for assistance.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-717 - Responsibility for care or treatment by counties

36-717.
Responsibility for care or treatment by counties
A. The local board of health,  through the board of supervisors of the county,  shall be responsible for providing or arranging for the provision of medical care and treatment of persons in the county infected with tuberculosis.
B. A county with a population of more than one million persons shall pay claims approved by the county from a facility or provider for medical care or treatment that are a county charge pursuant to subsection A of this section,  unless otherwise provided by an intergovernmental agreement,  as follows:
1. For inpatient and outpatient hospital services,  the county shall reimburse at a level that does not exceed the reimbursement methodology established pursuant to section 36-2903.01,  subsection G.
2. For health and medical services,  the county shall reimburse at a level that does not exceed the capped fee-for-service schedule that is adopted by the Arizona health care cost containment system administration pursuant to chapter 29,  article 1 of this title and that is in effect at the time the services are delivered.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-718 - Contracting for care of afflicted persons

36-718.
Contracting for care of afflicted persons
The director may contract for the care of any afflicted person. These contracts shall provide that appropriated monies may be used only when monies from medical insurance,  if any,  of an individual are exhausted or insufficient to purchase the medical or institutional care the afflicted person requires.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-721 - Rules

36-721.
Rules
The director shall adopt rules to:
1. Prescribe reasonable and necessary measures for the submission of tuberculosis reports and statistics from counties.
2. Prescribe reasonable and necessary measures regarding standards of medical care to be used by health care providers,  agencies and institutions caring for afflicted persons.
3. Prescribe necessary and reasonable measures not in conflict with law for the enforcement of the provisions of this article.
4. To enforce this article as necessary.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-724 - Voluntary control measures

36-724.
Voluntary control measures
If,  as a result of an investigation or as a result of any report required by this article,  the tuberculosis control officer or local health officer believes someone is an afflicted person,  the tuberculosis control officer,  local health officer or designee shall encourage the afflicted person or,  if a minor or incapacitated person,  the afflicted person's parent or guardian to accept or consent to voluntary control measures and voluntary treatment to meet the minimum requirements prescribed by the department.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-729 - Amended orders for intervention and transport of afflicted persons

36-729.
Amended orders for intervention and transport of afflicted persons
A. If the tuberculosis control officer or the local health officer determines that an afflicted person who is not currently detained is in need of immediate and acute intervention or care because the afflicted person's behavior is dangerous to another person or to the community,  the tuberculosis control officer or the local health officer may issue a written or oral order to a sheriff or law enforcement officer that requires a health care provider,  emergency medical services personnel,  a physician,  ambulance personnel,  an ambulance service,  guardian,  conservator,  parent,  custodian,  relative or friend to take the afflicted person to a location designated by the tuberculosis control officer or the local health officer. A sheriff or law enforcement agency shall maintain custody of the afflicted person until the afflicted person is delivered to the institution or facility specified in the order or to an alternate institution or facility approved by the department,  the tuberculosis control officer or the local health officer.
B. The afflicted person may be confined for not more than three business days after the afflicted person is taken to the institution,  pending consideration by the court of an amended order sought under section 36-728,  subsection G.
C. The tuberculosis control officer,  local health officer or designated legal representative shall file a motion for an amended court order not later than three business days after confinement.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-730 - Appointment of guardian or conservator

36-730.
Appointment of guardian or conservator
A. If the court determines that the afflicted person is or may be in need of a guardian or conservator,  or both,  it shall order an investigation concerning the need for a guardian or conservator and shall appoint a suitable person or agency to conduct the investigation.
B. If the court finds that the afflicted person needs an immediate guardian or conservator to protect the afflicted person or to carry out alternatives to court ordered examination,  treatment,  monitoring,  isolation or quarantine and there is no person qualified and willing to act in that capacity,  the court may appoint a person or the public fiduciary to serve as a temporary guardian or conservator.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-731 - Confinement; selection; jails; prohibition

36-731.
Confinement;  selection;  jails;  prohibition
A. After an afflicted person has been taken into custody pursuant to this article,  the tuberculosis control officer or local health officer is responsible for selecting a facility or quarters suitable for the comfortable,  safe and humane confinement of the afflicted person,  if the person is not otherwise admitted or confined in a health care institution. The tuberculosis control officer or local health officer may authorize a physician,  health care provider,  emergency medical services personnel,  ambulance or ambulance service,  guardian,  conservator,  parent,  custodian,  relative or friend to transport an afflicted person to a designated institution or facility if the tuberculosis control officer or local health officer determines that the means of transportation are reliable and would not be detrimental to any person's health,  safety or welfare. A sheriff or law enforcement agency shall maintain custody of the afflicted person until the afflicted person is delivered to the institution or facility specified in the order or to an alternate institution or facility approved by the department,  the tuberculosis control officer or the local health officer.
B. An afflicted person who is not incarcerated on a criminal charge and who is the subject of an order or petition under this article shall not be confined in any prison or jail where those charged with crimes are incarcerated unless the afflicted person represents an immediate and serious danger to the staff or physical facilities of a hospital or any institution to which committed,  or unless the afflicted person has failed to obey a court order or has failed to obey a lawful order of the tuberculosis control officer or local health officer issued pursuant to this article and the medical director of the receiving facility or designee has determined that no less restrictive confinement measures are appropriate. The court shall subsequently determine the appropriate level of confinement necessary during this initial consideration of the petition and the request for compulsory detention pursuant to section 36-726,  subsection F.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-732 - Early release from court ordered treatment

36-732.
Early release from court ordered treatment
A. An afflicted person under court ordered examination,  treatment,  monitoring,  isolation or quarantine pursuant to this article may be released before the expiration of the period ordered by the court if the petitioner or the medical director of the designated institution or program upon advice and consent from the tuberculosis control officer or the officer's designee determines through an examination and evaluation of the afflicted person that the afflicted person no longer has active tuberculosis or no longer poses a substantial danger to another person or to the community and that release is deemed appropriate.
B. Notice of the discharge from the institution,  facility or program shall be promptly given to the judge of the court that entered the court order. Without further court order the afflicted person may be released or discharged in accordance with the terms set forth in the treatment plan or court order.
C. On a finding of good cause the court may order a further hearing on a motion for early discharge or to amend or modify an existing court order pursuant to an affidavit of the petitioner or intervenor or the afflicted person or the afflicted person's attorney that states the need for further evidentiary hearing and the reasons the hearing is necessary before the time set for the release of the afflicted person.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-733 - Choice of physician and mode of treatment

36-733.
Choice of physician and mode of treatment
This article does not allow a private or public facility or agency to restrict an afflicted person's right to choose a physician or to select the mode of treatment within the terms determined by the tuberculosis control officer or the local health officer as available and necessary to protect the health and safety of another person or the community.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-734 - Treatment; exemption

36-734.
Treatment;  exemption
A. An afflicted person is not required to undergo treatment under this article if that person depends exclusively on prayer or spiritual means for healing in accordance with the tenets and practices of a recognized church or religious denomination and claims an exemption on that ground. The requirements of this article regarding compulsory reporting of tuberculosis disease,  exclusion from employment or school,  monitoring,  examination,  isolation and quarantine apply if there is clear and convincing evidence that the person is an afflicted person and is a substantial danger to another person or the community.
B. An afflicted person is not required to submit to any medical treatment or to go to or be confined in any hospital or other medical institution,  if the afflicted person can be safely examined,  monitored,  isolated or quarantined in the afflicted person's home or another place that is suitable to the health of the afflicted person,  provides appropriate protection to other persons and the community and is approved by either the department,  the tuberculosis control officer or a local health officer.
C. This section does not exempt a person from complying with applicable laws regarding sanitation.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-735 - Notification of rights

36-735.
Notification of rights
A. An afflicted person who is ordered to receive court ordered examination,  treatment,  monitoring,  isolation or quarantine pursuant to this article or,  if a minor or incapacitated person,  the afflicted person's parent or guardian shall be informed in writing of the following rights:
1. The right to appropriate care and treatment in accordance with accepted standards of medical practice and in an appropriate setting consistent with the protection of the afflicted person,  the community and the public health.
2. The right not to receive unnecessary or excessive medication.
3. The right to refuse to participate in a research program.
4. A humane treatment environment that provides reasonable protection from harm and appropriate privacy for personal needs.
B. The statement of rights shall be in the afflicted person's primary language,  if reasonably possible and,  if applicable,  shall be provided through means reasonably calculated to communicate with a hearing impaired or visually impaired person.
C. The director of an institution or program that provides care pursuant to this article is responsible for the following:
1. To make reasonable efforts to provide for the care,  safety and detention of the afflicted person and adequate security to prevent the afflicted person from leaving the institution or program without its permission or from transmitting the communicable disease to others in the community.
2. The examination and evaluation by a licensed physician at least once every thirty days and as medically necessary.
3. Reports advising the tuberculosis control officer or the local health officer of the status of the afflicted person's disease and the person's compliance with any orders or treatment plan.
4. Adequate prior notification under the circumstances to the tuberculosis control officer or the local health officer of the pending discharge of the afflicted person.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-736 - Administrative procedures act; judicial review of administrative procedures; exemption; appeals

36-736.
Administrative procedures act;  judicial review of administrative procedures;  exemption;  appeals
A. Orders of the tuberculosis control officer or local health officer issued pursuant to this article and procedures prescribed by this article are exempt from title 41,  chapter 6 and title 12,  chapter 7,  article 6.
B. An order of the superior court that imposes,  denies,  modifies,  amends or rescinds court ordered examination,  treatment,  monitoring,  isolation or quarantine pursuant to this article may be reviewed at the request of any party in interest by appeal to the court of appeals as prescribed in the Arizona rules of civil procedure or by special action. The court may give scheduling preference to this appeal or special action.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-737 - Violation; classification

36-737.
Violation;  classification
A. A treating,  screening or attending health care provider as defined in section 36-661,  a clinical laboratory as defined in section 36-451 or an operator of a homeless shelter who knowingly fails or refuses to perform a duty or legal responsibility imposed pursuant to this article is guilty of a class 3 misdemeanor.
B. An afflicted person who knowingly or intentionally exposes others to infection is guilty of a class 2 misdemeanor.
C. An afflicted person who leaves or attempts to leave the custody,  isolation,  quarantine or detention imposed by the superior court or the order of the tuberculosis control officer or local health officer pursuant to this article is guilty of a class 2 misdemeanor.
D. Any person who knowingly obstructs,  impairs or hinders an investigation conducted pursuant to this article is guilty of a class 3 misdemeanor.
E. Any person who knowingly makes a false report of tuberculosis to the tuberculosis control officer or the local health officer is guilty of a class 3 misdemeanor.
F. Any person who,  without proper authorization,  knowingly assists another to be noncompliant with an order issued pursuant to this article is guilty of a class 3 misdemeanor.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-738 - Qualified immunity

36-738.
Qualified immunity
Any person or entity that acts pursuant to this article is not subject to civil liability for good faith conduct in following or attempting to follow the requirements of this article. An act is done in good faith under this article if it is reasonable under the circumstances. This section does not apply if the person or entity acting pursuant to this article is guilty of gross negligence or intentional misconduct.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-751 - Definitions

36-751.
Definitions
In this article,  unless the context otherwise requires:
1. " Department"  means the department of health services.
2. " Director"  means the director of the department of health services.
3. " Midwife"  means a person who delivers a baby or provides health care related to pregnancy,  labor,  delivery and postpartum care of the mother and her infant.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-752 - Licensure; exceptions

36-752.
Licensure;  exceptions
A. Except as provided in subsection B of this section,  no person may act as a midwife without being licensed pursuant to this article.
B. The following persons are exempt from the licensure requirements of this section:
1. A physician licensed pursuant to title 32 who is permitted within his scope of practice to deliver infants.
2. A registered nurse certified by the state board of nursing as a qualified nurse-midwife.
3. A person acting under the direction and supervision of a physician licensed pursuant to title 32 who is permitted within his scope of practice to deliver infants.
4. A student of midwifery in the course of taking an internship,  preceptorship or clinical training program,  who is under the direction and supervision of a midwife licensed pursuant to this article.
5. A person who has no prearranged agreement to provide delivery assistance,  but who delivers a baby as a result of an emergency situation.
6. A mother or father delivering their own infant.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-754 - Licensing of midwives; renewal of license

36-754.
Licensing of midwives;  renewal of license
A. The director shall grant a midwife's license to a person meeting the qualifications prescribed by this article and rules adopted pursuant to this article and paying applicable fees.
B. A license is valid for two years and may be renewed biennially on application to the director and payment of applicable fees.
C. A person shall file an application for renewal at least thirty days and no more than sixty days before the expiration date of the current license.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-755 - Powers and duties of the director

36-755.
Powers and duties of the director
A. The director may adopt rules necessary for the proper administration and enforcement of this article.
B. The director shall,  by rule:
1. Define and describe,  consistent with this article and the laws of this state,  the duties and limits of the practice of midwifery.
2. Adopt standards with respect to the practice of midwifery designed to safeguard the health and safety of the mother and child.
3. Establish the criteria for granting,  denying,  suspending and revoking a license in order to protect the health and safety of the mother and child.
4. Describe and define reasonable and necessary minimum qualifications for midwives,  including:
(a) The ability to read and write.
(b) Knowledge of the fundamentals of hygiene.
(c) The ability to recognize abnormal or potentially abnormal conditions during pregnancy,  labor and delivery and following birth.
(d) Knowledge of the laws of this state concerning reporting of births,  prenatal blood tests and newborn screening and of the rules pertaining to midwifery.
(e) Education requirements.
(f) Age requirements.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-756 - Grounds for denial of license and disciplinary action; hearing; appeal; civil penalties; injunctions

36-756.
Grounds for denial of license and disciplinary action;  hearing;  appeal;  civil penalties;  injunctions
A. The director may deny,  suspend or revoke the license of any midwife who:
1. Violates any provision of this article or the rules adopted under this article.
2. Has been convicted of a felony or a misdemeanor involving moral turpitude.
3. Indulges in conduct or a practice detrimental to the health or safety of the mother and child.
B. The department may deny a license without holding a hearing. An applicant may appeal this decision pursuant to title 41,  chapter 6,  article 10.
C. The department shall conduct any hearing to suspend or revoke a license in accordance with the procedures established pursuant to title 41,  chapter 6,  article 10. If the director determines at the conclusion of a hearing that grounds exist to suspend or revoke a license,  he may do so permanently or for any period of time he deems appropriate and under any conditions that he deems appropriate. An applicant for licensure or a licensee may appeal the final decision of the director.
D. In addition to other disciplinary action,  the director may assess a civil penalty of not more than one hundred dollars for each violation of this article or a rule adopted pursuant to this article as determined by a hearing held pursuant to this section. Each day that a violation continues constitutes a separate offense. The attorney general or the county attorney may bring an action in the name of this state to enforce a civil penalty. The action shall be filed in the superior court or in justice court in the county where the violation occurred.
E. In addition to other available remedies,  the director may apply to the superior court for an injunction to restrain a person from violating a provision of this article or a rule adopted pursuant to this article. The court shall grant a temporary restraining order,  a preliminary injunction or a permanent injunction without bond. The defendant may be served in any county of this state. The action shall be brought on behalf of the director by the attorney general or the county attorney of the county in which the violation is occurring.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-756.01 - Investigations; right to examine evidence; subpoenas; confidentiality

36-756.01.
Investigations;  right to examine evidence;  subpoenas;  confidentiality
A. The director may investigate information that indicates that a person is violating this article. In connection with an investigation,  the department may examine and copy documents and other physical evidence wherever located that relate to the conduct or competency of a midwife pursuant to the requirements of this article.
B. Pursuant to an investigation or an administrative proceeding,  the director may issue subpoenas to compel the testimony of witnesses or to demand the production of relevant documents and other physical evidence. If a person refuses to comply with a subpoena,  the director may apply to the superior court for an order to compel compliance.
C. Patient records,  including clinical records,  medical reports,  laboratory statements and reports,  files,  films and oral statements relating to patient examinations,  findings and treatment,  that are kept by the director pursuant to an investigation are not available to the public. The director shall keep confidential the names of patients whose records are reviewed during the course of an investigation or hearing.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-757 - Violations; classification

36-757.
Violations;  classification
A person is guilty of a class 6 felony who:
1. Obtains a license as a midwife by fraud,  intentional misrepresentation or deceit.
2. Performs midwifery without a proper license or after the license has been denied,  suspended or revoked.