Arizona Revised Statutes Title 36 - Public Health And Safety
Chapter 1 STATE AND LOCAL BOARDS AND DEPARTMENTS OF HEALTH
Article 1 Department of Health Services
- § 36-101 Definitions
In this chapter, unless the context otherwise requires: 1. " Agency" includes one or more of the governmental units consolidated into the department of...
- § 36-102 Department Of Health Services; Director; Appointment; Compensation
A. There is established a department of health services. B. The direction, operation and control of the department are the responsibility of the director....
- § 36-103 Department Organization; Deputy Director; Assistant Directors
A. The director may establish, abolish or reorganize the positions or organizational units within the department to carry out the functions provided by this...
- § 36-103.01 Governmental Units Succeeded; Statutory References To Succeeded Governmental Units
A. The department succeeds to the authority, powers, duties and responsibilities of the following: 1. State department of health. 2. Arizona health planning authority....
- § 36-104 Powers And Duties
This section is not to be construed as a statement of the department's organization. This section is intended to be a statement of powers...
- § 36-105 Information; State‑federal Cooperation
Subject to the laws and departmental rules and regulations on the confidentiality of information promulgated pursuant thereto, and upon request, the department shall furnish...
- § 36-106 Acquisition Of Lands And Buildings
A. The director may acquire for and in the name of the state, by lease, lease-purchase agreement or otherwise, lands or buildings for the...
- § 36-107 Power To Promulgate Rules Concerning Confidential Nature Of Records
The director shall promulgate such rules and regulations as are required by state law or federal law or regulation to protect confidential information. No...
- § 36-108 Indirect Cost Fund; Use; Exemption
A. A department of health services indirect cost fund is established. Federal monies, monies collected from interagency agreements and other monies obtained for the...
- § 36-108.01 Department Of Health Services Funds; Purposes; Annual Report
A. The interagency service agreement for behavioral health services fund is established consisting of state and federal monies received by the department to provide...
- § 36-109 Advisory Health Council; Special Purpose Councils
A. In order to form a council advisory to the governor and the department and representative of the needs of the people of Arizona,...
- § 36-110 County Or District Liaison; Duties
A. The department shall assign a county liaison officer for each county of the state. Each county liaison officer shall function as a liaison...
- § 36-111 Hearings And Appeals
Appeals heard by the department shall be conducted in accordance with title 41, chapter 6, article 10.
- § 36-112 Umbilical Cord Blood; Information Pamphlet; Distribution; Health Care Institution Responsibilities; Definition
A. On or before January 1, 2007, the department of health services shall prepare a pamphlet that includes information regarding the following: 1. The...
- § 36-114 Limitation Upon Authority To Impose Treatment
Nothing in this title shall authorize the department or any of its officers or representatives to impose on any person against his will any...
- § 36-115 Promulgation Of Rules
A. Except as provided in subsection C of this section, title 41, chapter 6 applies to the actions of the director and the department...
- § 36-117 Services For Licensing Agencies; Costs
A. The department, at the discretion of the director, may contract to provide personal and other administrative services and facilities to the following health...
- § 36-118 Director's Seal; Authentication Of Records
A. The director shall adopt a seal of office to be used to authenticate records and copies of records required to be made or...
- § 36-119 Breast And Cervical Cancer Screening And Diagnostic Special Plate Fund
A. The breast and cervical cancer screening and diagnostic special plate fund is established consisting of monies received pursuant to section 28-2423. The director...
- § 36-120 Multiple Sclerosis Awareness Fund
A. The multiple sclerosis awareness fund is established consisting of monies received pursuant to section 28-2440. The director shall administer the fund. Not more...
- § 36-121 Childhood Cancer And Rare Childhood Disease Research Fund
A. The childhood cancer and rare childhood disease research fund is established consisting of monies received pursuant to section 28-2442. The director shall administer...
Article 1.1 Uniform Reporting
Article 2 Department of Health Services; Additional Functions
- § 36-131 Definitions
In this article, unless the context otherwise requires: 1. " Department" means the department of health services. 2. " Director" means the director of...
- § 36-132 Department Of Health Services; Functions; Contracts
A. The department shall, in addition to other powers and duties vested in it by law: 1. Protect the health of the people of...
- § 36-133 Chronic Disease Surveillance System; Confidentiality; Immunity; Violation; Classification
A. A central statewide chronic disease surveillance system is established in the department. Diseases in the surveillance system shall include cancer, birth defects and...
- § 36-134 Asbestosis And Mesothelioma
The department shall develop and implement by rule standards and procedures to make asbestosis and mesothelioma diseases reportable to the department.
- § 36-135 Child Immunization Reporting System; Requirements; Access; Confidentiality; Immunity; Violation; Classification; Definitions
A. The child immunization reporting system is established in the department to collect, store, analyze, release and report immunization data. B. A health care...
- § 36-136 Powers And Duties Of Director; Compensation Of Personnel
A. The director shall: 1. Be the executive officer of the department of health services and the state registrar of vital statistics but shall...
- § 36-136.01 Sanitarians Council; Members; Powers; Fees; Examinations; Continuing Education; Exceptions; Renewal; Definition
A. The director shall establish a sanitarians council composed of five members. The members shall be the director of the department of health services...
- § 36-137 Annual Report Of Director
The director shall submit annually to the governor, the president of the senate and the speaker of the house of representatives a copy of...
- § 36-138 Oral Health Fund; Nonlapsing
A. The oral health fund is established consisting of monies received by the department as reimbursement from Arizona health care cost containment system contractors...
- § 36-139 Fees
A. The department of health services may charge fees for: 1. Rental of films and film strips. 2. Laboratory tests. B. The amount of...
- § 36-140 Violation; Classification
A person who violates a provision of this article, or a regulation adopted pursuant to this article, is guilty of a class 3 misdemeanor...
- § 36-141 Authority To Contract And Pay For Alcohol And Drug Abuse Services; Services To Pregnant Women; Priority
(L92, Ch. 301 sec. 1. Eff. until 7/1/16) A. The deputy director of the division of behavioral health with the approval of the director...
- § 36-141; Version 2 Authority To Contract And Pay For Alcohol And Drug Abuse Services; Services To Pregnant Women; Priority
(L15, Ch. 195, sec. 5. Eff. 7/1/16) A. The director of the Arizona health care cost containment system administration is authorized to contract for...
- § 36-142 Prostate Cancer Task Force; Membership; Duties; Program Termination
A. The prostate cancer task force is established consisting of the following members: 1. The director of the cancer research institute at Arizona state...
- § 36-143 Care And Treatment For Residents Twenty‑one And Older With Cystic Fibrosis; Costs
A. The department of health services may develop and conduct a program of care and treatment services through appropriate treatment facilities for residents of...
- § 36-144 Home Care Services; Disclosure; Definition
A. A business entity that provides home care services in this state shall annually disclose to each of its home care service clients at...
Article 2.1 Home Health Services by State and County
- § 36-151 Definitions
In this article, unless the context otherwise requires: 1. " County department" means a county department of health. 2. " Department" means the department...
- § 36-152 Authority To Provide Services; Fees
The department may provide home health services to persons living in areas of the state in which adequate home nursing care is not otherwise...
- § 36-153 Authority To Contract For Services And Fees
The department may enter into contracts with any governmental or private agency, or with any person, whereby the department agrees to render such home...
- § 36-154 Limitation Of Authority Regarding Services And Fees
The authority granted by this article is limited to services voluntarily rendered and voluntarily received, and shall not apply to services required by statute,...
- § 36-155 Personnel And Equipment
The department may employ the necessary personnel, including nursing and supervisory personnel, and purchase equipment and materials necessary to maintain an effective program of...
- § 36-156 Home Health Services And Related Supportive Services; Coordination And Development; Consultation; Powers And Duties Of Director
A. The director may act to coordinate the activities of the department with the activities of the department of economic security which relate, directly...
- § 36-157 County Authority To Provide Services; Fees
County departments shall have the same authority as granted to the department, under the provisions of this article, to provide home health services within...
- § 36-158 Authority To Receive Funds; Disbursement
The department and county departments may receive monies from any source for home health services. All such monies the department and county departments receive...
- § 36-159 Authorized Court Action To Collect Fees
The department and county departments may maintain legal action through the attorney general or county attorney for the collection of fees charged for home...
- § 36-160 Confidentiality Of Records; Unauthorized Disclosures Unlawful; Classification
A. Clinical records, medical reports and laboratory statements or reports, maintained as a result of services authorized by this article, and the information contained...
Article 4 Local Health Departments
- § 36-181 Definitions
In this article " a local full-time public health service" means a full-time service utilizing local, state, federal and other funds, or any combination...
- § 36-182 Establishment Of Local Health Departments Or Public Health Services District; Powers; Expenditures; Plan For Local Health Departments
A. For the purpose of providing local full-time public health service, the board of supervisors of a county shall establish a county department of...
- § 36-183 Boards Of Health Of Local Health Departments; Membership; Terms
A. Except as provided in subsection B, for a county department of health in a county having three supervisorial districts, the board of supervisors...
- § 36-183.01 County Hospital Under Board Of Health Or Hospital Board; Powers And Duties
A. In any county that maintains a hospital, the board of supervisors may delegate to a county board of health the responsibility to manage...
- § 36-183.02 Sanitary Regulations; Notice
A. Each county shall investigate all nuisances, sources of filth and causes of sickness and make regulations necessary for the public health and safety...
- § 36-183.03 Maintaining Unsanitary Premises; Violation; Classification
A person who violates a published order or regulation of a county or maintains in an unsanitary condition premises located within the county and...
- § 36-183.04 Notice Of Violation; Civil Penalties; Administrative Hearings
A. If the director of a local health department, county environmental department or public health services district has reason to believe that a person...
- § 36-183.05 Violations; Injunctive Relief; Civil Penalties; Consent Decrees
A. If the director of a local health department, county environmental department or a public health services district has reasonable cause to believe that...
- § 36-183.06 Health Inspectors; Violations; Notice To Appear
A. If a health inspector has reasonable cause to believe that a person is violating this article, a sanitary ordinance or regulation adopted or...
- § 36-183.07 Violation; Classification
A. A person who violates this article, a sanitary ordinance or regulation adopted or order issued pursuant to this article or an order issued...
- § 36-184 Boards Of Health Of Local Health Departments; Organization; Meetings; Powers And Duties
A. The board of health of each county health department shall meet and elect from among its members a president and vice-president, and adopt...
- § 36-185 Local Department Of Health Funds
A. A county board of health annually, before May 1 of each year, shall estimate the cost of maintaining the department for the ensuing...
- § 36-186 Director Of County Health Department; Powers And Duties
The director of a county health department shall: 1. Be the executive officer of the department. 2. Be the secretary of the board of...
- § 36-187 County Treasurer As Treasurer Of Local Departments Of Health; Duties; Collection Of Fees
A. In the case of a county health department, the county treasurer, as a part of the official duties as county treasurer, shall serve...
- § 36-188 Abolishment Of Other Health Agencies By Establishment Of County Health Department Or Public Health Services District
Upon establishment of a county health department in conformity with this article or a public health services district under section 48-5802, a county health...
- § 36-189 State Participation In Establishment And Maintenance Of Local Health Departments And Local Health Services
(L02, Ch. 207, sec. 1. Eff. until 7/1/16) A. The department of health services may use funds at its disposal and not otherwise appropriated...
- § 36-189; Version 2 State Participation In Establishment And Maintenance Of Local Health Departments And Local Health Services
(L15, Ch. 195, sec. 6. Eff. 7/1/16) A. The department of health services may use monies at its disposal and not otherwise appropriated to...
- § 36-190 Participation Of Incorporated Cities And Towns In Health Services
The legally appointed director of any county health department shall provide equal public health services to all residents of the county including residents of...
- § 36-191 Violation; Classification
A person violating any provision of this article or the rules and regulations adopted thereunder is guilty of a class 3 misdemeanor.
Article 5 Advisory Committee
Chapter 2 STATE HEALTH INSTITUTIONS AND AGENCIES
Article 1 Arizona State Hospital
- § 36-201 Definitions
(L92, Ch. 301, sec. 2. Eff. until 7/1/16) In this article, unless the context otherwise requires: 1. " Chief medical officer" means the chief...
- § 36-201; Version 2 Definitions
(L15, Ch. 195, sec. 7. Eff. 7/1/16) In this article, unless the context otherwise requires: 1. " Chief medical officer" means the chief medical...
- § 36-202 State Hospital For The Mentally Disordered; Official Name; Purpose; Facilities And Equipment
(L92, Ch. 301, sec. 3. Eff. until 7/1/16) A. A state hospital shall be maintained for the care and treatment of persons with mental...
- § 36-202; Version 2 State Hospital For The Mentally Disordered; Official Name; Purpose; Facilities And Equipment
(L15, Ch. 195, sec. 8. Eff. 7/1/16) A. A state hospital shall be maintained for the care and treatment of persons with mental disorders...
- § 36-202.01 Admission Of Juveniles To State Hospital
The Arizona state hospital shall collect census data for juvenile treatment programs to establish maximum capacity and the allocation formula required pursuant to section...
- § 36-203 Persons With Intellectual Disabilities Assigned To State Hospital; Duties Of Division
(L14, Ch. 215, sec. 93. Eff. until 7/1/16) A. The division shall develop and provide, in coordination with the department of economic security, specialized...
- § 36-203; Version 2 Persons With Intellectual Disabilities Assigned To State Hospital; Department Duties
(L15, Ch. 195, sec. 9. Eff. 7/1/16) A. The department of health services shall develop and provide, in coordination with the department of economic...
- § 36-204 Duties Of Deputy Director
(L97, Ch. 58, sec. 15. Eff. until 7/1/16) The deputy director shall: 1. Adopt rules for inpatient services, with the approval of the director,...
- § 36-204; Version 2 Duties Of Director
(L15, Ch. 195, sec. 10. Eff. 7/1/16) The director shall: 1. Adopt rules for inpatient services that ensure proper review of treatment and discharge...
- § 36-205 Superintendent Of State Hospital; Appointment; Qualifications; Compensation; Chief Medical Officer
(L92, Ch. 301, sec. 5. Eff. until 7/1/16) A. There shall be a superintendent of the state hospital who shall be appointed by the...
- § 36-205; Version 2 Superintendent Of State Hospital; Appointment; Qualifications; Compensation; Chief Medical Officer
(L15, Ch. 195, sec. 11. Eff. 7/1/16) A. There shall be a superintendent of the state hospital who shall be appointed by and under...
- § 36-206 Duties Of Superintendent; Deputy Director; Clinical Assessment
(L06, Ch. 159, sec. 1. Eff. until 7/1/16) A. The deputy director has charge of the state hospital and the superintendent shall supervise and...
- § 36-206; Version 2 Duties Of Superintendent; Clinical Assessment
(L15, Ch. 195, sec. 12. Eff. 7/1/16) A. The director has charge of the state hospital and the superintendent shall supervise and direct its...
- § 36-207 Fingerprinting Requirements; Definition
A. A state hospital employee or volunteer must have a valid fingerprint clearance card issued pursuant to section 41-1758.07 or must apply for a...
- § 36-208 Employees; Compensation
(L92, Ch. 301, sec. 7. Eff. until 7/1/16) A. Except as otherwise provided by this article, the deputy director shall employ all employees of...
- § 36-208; Version 2 Employees; Compensation
(L15, Ch. 195, sec. 13. Eff. 7/1/16) A. Except as otherwise provided by this article, the director shall employ all employees of the state...
- § 36-209 Reports By Superintendent And Deputy Director
(L02, Ch. 161, sec. 7. Eff. until 7/1/16) A. At such time as the deputy director designates, the superintendent shall submit to the deputy...
- § 36-209; Version 2 Reports By Superintendent And Director
(L15, Ch. 195, sec. 14. Eff. 7/1/16) A. At such time as the director designates, the superintendent shall submit to the director a report...
- § 36-210 Expenditures
(L12, Ch. 122, sec. 5. Eff. until 7/1/16) A. This article does not give the director or any employee authority to create a debt...
- § 36-210; Version 2 Expenditures
(L15, Ch. 195, sec. 15. Eff. 7/1/16) A. This article does not give the director or any employee authority to create a debt or...
- § 36-211 Income From Land Rentals And Permanent Funds
In addition to other funds appropriated to its use, any other law notwithstanding, the legislature may appropriate to the use of the state hospital...
- § 36-212 Maximum Security Area Required
(L92, Ch. 301, sec. 10. Eff. until 7/1/16) The superintendent, under the direction of the deputy director, shall equip, staff and supervise the operation...
- § 36-212; Version 2 Maximum Security Area Required
(L15, Ch. 195, sec. 16. Eff. 7/1/16) The superintendent, under the direction of the director, shall equip, staff and supervise the operation of an...
- § 36-213 Store And Canteen; Deposit
(L97, Ch. 58, sec. 16. Eff. until 7/1/16) A. The superintendent, with the approval of the deputy director, may set aside and designate any...
- § 36-213; Version 2 Store And Canteen; Deposit
(L15, Ch. 195, sec. 17. Eff. 7/1/16) A. The superintendent, with the approval of the director, may set aside and designate any space on...
- § 36-214 Arizona State Hospital; Private Operation
A. Notwithstanding any law to the contrary, pursuant to requests for proposals, the department of health services may enter into a five year contract...
- § 36-215 State Hospital Revolving Fund; Nonreversion
A. The permanent state hospital revolving fund is established in the amount of five thousand dollars for use in making cash outlays for postage,...
- § 36-216 Budget For State Hospital
(Eff. 7/1/16) A. The department shall present a budget request that includes all information on the potential availability of other monies, including federal monies,...
- § 36-217 State Hospital Annual Report
(Eff. 7/1/16) On or before January 1 of each year, the director shall submit to the governor, the speaker of the house of representatives...
Article 2 State Laboratory
Article 3 Children With Chronic Illnesses or Physical Disabilities
Article 4 Biomedical Research
Chapter 3 VITAL RECORDS AND PUBLIC HEALTH STATISTICS
Article 1 General Provisions
Article 2 Registration Officials
Article 3 Death Registration and Birth Registration Certificate Requirements
- § 36-321 Information Required For A Certificate
A. The state registrar shall prescribe by rule the information required to be submitted to create or amend a vital record. B. A person...
- § 36-322 Sealing A Certificate
A. The state registrar shall seal a certificate and evidentiary documents when the state registrar amends the registered certificate. B. Unless required by a...
- § 36-323 Amending Registered Certificates: Corrections
A. The state registrar shall amend a registered certificate pursuant to this chapter and rules adopted pursuant to this chapter. B. The state registrar...
- § 36-324 Vital Records; Copies; Access
A. On written request, a local registrar, a deputy local registrar or the state registrar shall issue a certified copy of a registered certificate,...
- § 36-325 Death Certificate Registration; Moving Human Remains; Immunity
A. Within seven calendar days after receiving possession of human remains, a funeral establishment or responsible person who takes possession of the human remains...
- § 36-325.01 Delayed Death Certificate Registration
If a death occurs in this state and is not registered within one year after the date of the death, the local registrar, deputy...
- § 36-326 Disposition-Transit Permits
A. A funeral establishment or responsible person who takes possession of human remains shall obtain a disposition-transit permit from a local registrar, a deputy...
- § 36-327 Disinterment‑reinterment Permit
A. Except as otherwise provided by law, a disinterment-reinterment permit is required before a person disinters human remains. The state registrar shall provide a...
- § 36-328 Registration Of A Death Certificate For A Foreign Presumptive Death
A. The state registrar shall create and register a death certificate for a foreign presumptive death if the state registrar receives a court order...
- § 36-329 Fetal Death Certificate Registration
A. A hospital, abortion clinic, physician or midwife shall submit a completed fetal death certificate to the state registrar for registration within seven days...
- § 36-329.01 Delayed Fetal Death Certificate Registration
A. If a fetal death occurs in this state and is not registered within one year after the date of the fetal death, the...
- § 36-330 Certificate Of Birth Resulting In Stillbirth; Requirements
A. In addition to the requirements of section 36-329, the state registrar shall establish a certificate of birth resulting in stillbirth on a form...
- § 36-330.01 Delayed Registration Of Certificate Of Birth Resulting In Stillbirth
If a birth resulting in stillbirth occurring in this state has not been registered within one year after the date of delivery, a certificate...
- § 36-331 Duties Of Persons In Charge Of Place Of Disposition
A. Except as otherwise provided by law, a person in charge of a place of disposition shall not inter, cremate or allow other disposition...
- § 36-332 Notification Of Death To Responsible Person And Release Of Human Remains
A health care institution shall not release human remains or allow the removal of human remains from the health care institution until the health...
- § 36-333 Birth Certificate Registration
A. Within seven days after a child's birth in this state, a person shall submit to a local registrar, a deputy local registrar or...
- § 36-333.01 Late Birth Certificate Registration
If a completed birth certificate and evidentiary documents are submitted to a local registrar, a deputy local registrar or the state registrar for registration...
- § 36-333.02 Delayed Birth Certificate Registration
A. If a birth certificate of a person who is born in this state is not registered within one year after the date of...
- § 36-333.03 Record Of Birth; Petition; Requirements; Notice; Court Order; Definition
A. If a delayed birth certificate for a person who is born in this state is not created and registered pursuant to section 36-333.02,...
- § 36-334 Determining Maternity And Paternity For Birth Certificates
A. A person completing a birth certificate shall state the name of the woman who gave birth to the child on the birth certificate...
- § 36-335 Birth Registration For Foundlings
A. A person who has custody of a foundling shall submit to the state registrar or to the local registrar or a deputy local...
- § 36-336 Adoption Certificate
A. For an adoption of a person born in this state, a state court shall submit to the state registrar an adoption certificate on...
- § 36-337 Amending Birth Certificates
A. The state registrar shall amend the birth certificate for a person born in this state when the state registrar receives any of the...
- § 36-338 Certificates Of Foreign Birth For Adoptees
A. The state registrar shall create and register a state of Arizona certificate of foreign birth for an adopted person who satisfies all of...
- § 36-339 Missing Children; Notification; Flagging Birth Certificate Records; Definitions
A. If a child is reported missing to a law enforcement agency in this state, that agency shall notify the state registrar in the...
Article 4 Fees and Vital Record Information
Article 5 Preserving and Archiving Vital Records
Chapter 4 HEALTH CARE INSTITUTIONS
Article 1 General Provisions
- § 36-401 Definitions; Adult Foster Care
A. In this chapter, unless the context otherwise requires: 1. " Accredited health care institution" means a health care institution, other than a hospital,...
- § 36-402 Exemptions
A. This chapter and the rules adopted by the director pursuant to this chapter do not authorize the licensure, supervision, regulation or control of:...
- § 36-403 Licensure By Counties And Municipalities
Nothing in this chapter shall prevent counties or municipalities from adopting and enforcing building and zoning regulations for health care institutions which are equal...
- § 36-404 Limitation Of Disclosure Of Information
A. Information received and records kept by the department for the purpose of administering this chapter are available to the public except: 1. Information...
- § 36-405 Powers And Duties Of The Director
A. The director shall adopt rules to establish minimum standards and requirements for the construction, modification and licensure of health care institutions necessary to...
- § 36-405.01 Health Screening Services; Violation; Classification
A. Health screening services shall be conducted in the following manner: 1. Health screening services shall be conducted under the direction of or, when...
- § 36-406 Powers And Duties Of The Department
In addition to its other powers and duties: 1. The department shall: (a) Administer and enforce this chapter and the rules, regulations and standards...
- § 36-407 Prohibited Acts
A. A person shall not establish, conduct or maintain in this state a health care institution or any class or subclass of health care...
- § 36-408 Required Reports From Health Care Institutions
The department of health services shall not require any reports from health care institutions to be filed more frequently than annually unless such filings...
- § 36-409 Certification, Licensure And Monitoring Of Long‑term Care Facilities, Facilities And Services
A. The department shall perform all necessary functions, including licensing, certification or monitoring, to implement federally approved standards for institutions, facilities, agencies or persons...
- § 36-410 County Standards And Guidelines; Delegation
A. The director shall provide counties with nonbinding guidelines for their use in establishing contract standards for adult foster care providers that do not...
- § 36-411 Residential Care Institutions; Home Health Agencies; Fingerprinting; Definitions
A. Subject to legislative appropriations, as a condition of licensure or continued licensure of a residential care institution, a nursing care institution or a...
- § 36-412 Nursing Care Institutions; Employment
The department shall not adopt any rule that prohibits an administrator of a nursing care institution from employing a person who is sixteen years...
- § 36-413 Nutrition And Feeding Assistants; Training Programs; Regulation; Civil Penalty; Definition
A. The department may adopt rules to prescribe minimum standards for training programs for nutrition and feeding assistants in licensed skilled nursing facilities, including...
- § 36-414 Health Services Licensing Fund; Exemption
A. The health services licensing fund is established consisting of monies deposited pursuant to sections 36-405, 36-882, 36-897.01 and 36-1903. The department of health...
- § 36-415 Breast Density Mammography Results; Notification
A. Beginning October 1, 2014, if a patient is categorized by a health care institution or health care facility that performs mammography examinations as...
Article 2 License Provisions
- § 36-421 Application For Construction Or Modification
A. An initial license application for a health care institution shall include architectural plans and specifications. These plans and specifications shall meet the minimum...
- § 36-422 Application For License; Notification Of Proposed Change In Status; Joint Licenses; Definitions
A. A person who wishes to apply for an initial license or to renew a license to operate a health care institution pursuant to...
- § 36-423 Hemodialysis Technicians; Minimum Requirements; Definition
A. Except as provided in subsection B, beginning on April 1, 2003, a facility that provides hemodialysis treatment shall only use a hemodialysis technician...
- § 36-424 Inspections; Suspension Or Revocation Of License; Report To Board Of Examiners Of Nursing Care Institution Administrators
A. Every applicant for initial licensure or relicensure as a health care institution shall submit to the director a properly completed application for a...
- § 36-425 Inspections; Issuance Of License; Posting Of Deficiencies; Provisional License; Denial Of License
A. On receipt of a properly completed application for initial licensure, the director shall conduct an inspection of the health care institution as prescribed...
- § 36-425.01 Home Health Agencies; Licensure; Definition
A. The department by rule shall license home health agencies. The department shall prescribe a licensure period that does not exceed two years. B....
- § 36-425.02 Nursing Care Institutions; Quality Rating; Issuance Of License
A. The department shall issue to each licensed nursing care institution a quality rating based on the results of a licensure survey. B. The...
- § 36-425.03 Children's Behavioral Health Programs; Personnel; Fingerprinting; Definitions
A. Except as provided in subsections B and C of this section, children's behavioral health program personnel, including volunteers, shall submit the form prescribed...
- § 36-426 Hospital Providers Of Extended Care Services
Notwithstanding section 36-407, a hospital licensed pursuant to this article which has been certified pursuant to title XVIII of the social security act as...
- § 36-427 Suspension Or Revocation; Intermediate Sanctions
A. The director, pursuant to title 41, chapter 6, article 10, may suspend or revoke, in whole or in part, the license of any...
- § 36-428 Hearings By The Director
A. No license shall be suspended or revoked without affording the licensee notice and an opportunity for a hearing as provided for in title...
- § 36-429 Removal Of Licensee; Temporary Management Continued Operation
A. If the director reasonably believes that a violation of this chapter by a licensee endangers the health, safety or welfare of one or...
- § 36-430 Unlicensed Operation Prohibited; Injunction
The operation or maintenance of a health care institution which does not hold a current and valid license or which exceeds the range of...
- § 36-431 Violation; Classification
A. A person is guilty of a class 3 misdemeanor who: 1. Establishes, operates or maintains any class or subclass of health care institution,...
- § 36-431.01 Violations; Civil Penalties
A. The director may assess a civil penalty against a person who violates this chapter or a rule adopted pursuant to this chapter in...
- § 36-431.02 Nursing Care Institution Resident Protection Revolving Fund; Use; Nonreversion
A. The nursing care institution resident protection revolving fund is established. The fund consists of monies received from civil penalties collected by the director...
- § 36-432 Urgent Care Centers; Posting Requirements
If a physician licensed pursuant to title 32, chapter 13 or 17 is not on site during working hours at a freestanding urgent care...
- § 36-433 Receipt Of Report And Complaint; Investigation
On receipt of a notice pursuant to section 12-570 and a copy of a complaint as provided in section 12-570, the department may initiate...
- § 36-434 Outdoor Behavioral Health Care Programs; Licensing Requirements; Inspections
A. An outdoor behavioral health care program shall: 1. Comply with the requirements for a level 2 behavioral health residential agency, as established by...
Article 2.1 Hospital Staff Privileges
Article 3 Review of Rates, Rules and Regulations
Article 3.1 Colocation at Outpatient Treatment Centers
Article 4 Health Care Utilization Review
Article 5 Review of Certain Health Care Practices
Article 6 Licensing of Nursing Care Institution Administrators and Certification of Assisted Living Facilities Managers
- § 36-446 Definitions
In this article, unless the context otherwise requires: 1. " Administrator" or " nursing care institution administrator" means a person who is charged with...
- § 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....
- § 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 nine members appointed by the...
- § 36-446.03 Powers And Duties Of The Board; Fees
A. The board may adopt, amend or repeal reasonable and necessary rules and standards for the administration of this article in compliance with title...
- § 36-446.04 Qualifications; Period Of Validity; Exemption
A. The board shall issue a license as a nursing care institution administrator pursuant to its rules to any person who meets the following...
- § 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...
- § 36-446.06 Temporary Licenses And Certificates
A. The board may issue a temporary nursing care institution administrator's license or assisted living facility manager's certificate to individuals determined to meet standards...
- § 36-446.07 Disciplinary Actions; Grounds For Disciplinary Action; Renewal; Continuing Education; Inactive Status; Hearings; Settlement; Judicial Review; Admission By Default; Military Members
A. The board may suspend or revoke the license of any nursing care institution administrator, censure or place on probation any licensed nursing care...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
Article 7 Nursing Care Institutions
Article 9 Recovery Care Centers
Article 10 Abortion Clinics
Article 11 Patient Safety Reporting and Nonretaliatory Policies
- § 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...
- § 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...
- § 36-450.02 Nonretaliatory Policy
A. Each health care institution licensed pursuant to this chapter shall adopt a policy that prohibits retaliatory action against a health professional who in...
Chapter 4 CLINICAL LABORATORIES
Article 1 Administration
- § 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...
- § 36-452 Administration
The provisions of this chapter shall be administered by the department of health services.
Article 2 Licensure and Regulation of Clinical Laboratories
- § 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...
- § 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...
- § 36-463 Licensure Of Laboratories Located Outside Of A Health Care Institution; Application; Issuance; Display; Expiration; Renewal
A. Except as otherwise provided pursuant to this article and rules adopted pursuant to this article, a person who desires to operate a clinical...
- § 36-463.01 Licensure Of Laboratories Located In A Health Care Institution
A. A person who wishes to operate a laboratory in a health care institution which is covered by a single license issued pursuant to...
- § 36-463.02 Inspections; Exemptions; Disciplinary Action
A. The department may inspect the premises and operations of a clinical laboratory subject to licensure pursuant to this article to study and evaluate...
- § 36-464 Fees; Deposit
A. The director shall establish by rule fees that do not exceed the cost to the department of conducting on-site inspections, evaluation and verification...
- § 36-465 Clinical Laboratory Licensure Advisory Committee; Department Rules; Interpretive Guidelines
A. The director shall appoint a clinical laboratory licensure advisory committee consisting of members representing a variety of persons affected by this article. The...
- § 36-466 Advisory Committee On Clinical Laboratories; Membership; Duties
A. The advisory committee on clinical laboratories is established consisting of the following members: 1. Four physicians who are licensed pursuant to title 32,...
- § 36-467 Reports By Laboratories
A laboratory shall make available to the director on request all information that the laboratory is required by rule to keep including personnel records...
- § 36-468 Laboratory Testing Without Health Care Provider's Order; Results; Report; Duty Of Care; Liability; Definition
A. A person may obtain any laboratory test from a licensed clinical laboratory on a direct access basis without a health care provider's request...
- § 36-469 Civil Penalties
A. The department may assess a civil penalty in an amount of not more than three hundred dollars for each violation of this article...
- § 36-470 Examination Of Specimens; Written Requests; Reports Of Results; Retention Of Test Records
A. Except as otherwise provided, a clinical laboratory shall examine specimens at the authorization of any person licensed pursuant to title 32, chapter 7,...
- § 36-471 Persons Authorized To Collect Human Specimens Or Blood
A. Only a person authorized by law shall collect human bodily materials. Technical personnel of a laboratory may collect blood, remove stomach contents and...
- § 36-472 Rebates, Fee‑splitting And Solicitation Of Referrals Prohibited
A. The owner or director of a laboratory shall not personally or through an agent, solicit the referral of specimens to his or any...
- § 36-472.01 Billing For Laboratory Costs; Definition
A. A laboratory that provides anatomic pathology services shall not submit a bill to any person or entity other than the following: 1. The...
- § 36-473 Grounds For Denial, Suspension Or Revocation Of License
A. After a hearing held pursuant to title 41, chapter 6, article 10, the director may deny, suspend or revoke a license or deny...
- § 36-474 Investigation Of Complaints; Notice Of Hearing
A. The department may, upon its own initiative, and shall upon the verified complaint of any person setting forth facts which if proven would...
- § 36-476 License Surrender; Certification
A. Upon the revocation of his license, a licensee shall be required to surrender his license to the department, and upon his failure or...
- § 36-478 Injunction
The operation or maintenance of an unlicensed clinical laboratory in violation of this article is declared a nuisance inimical to the public health, welfare...
- § 36-479 Violations; Classification
A person is guilty of a class 3 misdemeanor if he: 1. Operates, maintains, directs or engages in the business of operating a clinical...
Chapter 4 ARIZONA HEALTH FACILITIES AUTHORITY
Article 1 General Provisions
Article 2 Bond Provisions
- § 36-491 Issuance Of Bonds
A. The board is authorized, for and on behalf of the authority, to issue bonds for the purpose of improving health care for residents...
- § 36-491.01 Monies Of Institution
A. Monies derived from the sale of bonds under the provisions of this article shall be deposited in separate bank accounts in such banks...
- § 36-491.02 Additional Powers Of Authority
In addition to the powers granted by this chapter, the authority may: 1. Enter into covenants and agreements with any federal agency, private agency,...
- § 36-491.03 Agreements
A. The authority shall not be empowered to operate any project. B. All projects acquired or financed by the authority shall be operated by...
- § 36-491.04 No Abrogation Of Rights
The state of Arizona hereby pledges to the holders of any obligations issued under this chapter, and with those parties who may enter into...
- § 36-491.05 Bonds As Legal Investments
Bonds issued by the authority are securities in which all public officers and bodies of this state and all counties, cities, towns and other...
- § 36-491.06 Bond Obligations Of The Authority
All bonds issued pursuant to this article shall be obligations of the authority and payable only in accordance with the terms thereof and shall...
- § 36-491.07 Supplemental Law; Governmental Activities
A. The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law, general or special,...
Chapter 4 ENVIRONMENTAL LABORATORIES
Article 1 General Provisions
- § 36-495 Definitions
In this chapter, unless the context otherwise requires: 1. " Compliance testing" means laboratory analysis of any matter, pollutant, contaminant, hazardous substance or other...
- § 36-495.01 Licensure Program; Rules
A. On or before July 1, 1991, the department shall license environmental laboratories engaged in compliance testing. Upon application for an environmental laboratory license,...
- § 36-495.02 Exemptions
A. This chapter does not apply to an environmental laboratory in this state that is: 1. Certified or designated by the United States environmental...
- § 36-495.03 License Application; Issuance; Expiration
A. Unless exempted pursuant to section 36-495.02, a person who operates or maintains an environmental laboratory located in this state shall file an application...
- § 36-495.04 Laboratory Director; Duties
The director of an environmental laboratory shall: 1. Ensure that all services and tests provided by the laboratory are performed in compliance with this...
- § 36-495.05 Provisional Licenses
A. The department may issue a provisional license for a period of not more than twelve months at the time it issues a notice...
- § 36-495.06 Fees
A. The department shall charge and collect a nonrefundable fee for a regular or a renewal license. B. The director shall establish by rule...
- § 36-495.07 Inspection; Investigations
A. The department may make an initial inspection, and thereafter an annual inspection, of each laboratory to determine compliance with this chapter or rules...
- § 36-495.08 Reports By Laboratories
A laboratory shall make available to the department on written request information and data concerning its operation, techniques and procedures. The department may require...
- § 36-495.09 Suspension, Revocation Or Denial Of License; Hearing
A. Pursuant to title 41, chapter 6, article 10, the director may deny, revoke or suspend the license of a laboratory if its owners,...
- § 36-495.10 Operation Of Unlicensed Laboratory; Cease And Desist Order; Injunction; Letter
A. The operation or maintenance of an environmental laboratory that does not hold a current or valid license or that exceeds the range of...
- § 36-495.11 Violation; Classification
A. A person is guilty of a class 3 misdemeanor if he: 1. Operates, maintains, directs or engages in the business of operating an...
- § 36-495.12 Violations; Civil Penalties
A. The department may assess a civil penalty in an amount of not more than three hundred dollars for each violation of this chapter...
- § 36-495.13 Powers Of The Director
A. In addition to the rules required by section 36-495.01, the director may adopt other rules and prescribe forms that are necessary for the...
- § 36-495.14 Out‑of‑state Laboratories; Licensure; Reciprocity
A. Except as provided in this section, a laboratory located outside of this state that performs compliance testing shall be licensed pursuant to this...
- § 36-495.15 Environmental Laboratory Licensure Revolving Fund; Use
A. The environmental laboratory licensure revolving fund is established in the department which consists of monies from gifts, grants, donations, fees derived from department...
- § 36-495.16 Environmental Laboratory Advisory Committee; Membership; Duties; Compensation
A. The environmental laboratory advisory committee is established consisting of members selected by the director. The director shall select members who represent a variety...
Chapter 5 MENTAL HEALTH SERVICES
Article 1 General Provisions
- § 36-501 Definitions
(L14, Ch. 215, sec. 99. Eff. until 7/1/16) In this chapter, unless the context otherwise requires: 1. " Admitting officer" means a psychiatrist or...
- § 36-501; Version 2 Definitions
(L15, Ch. 195, sec. 19. Eff. 7/1/16) In this chapter, unless the context otherwise requires: 1. " Administration" means the Arizona health care cost...
- § 36-502 Powers And Duties Of Deputy Director; Rules For Standards, Forms, Administration, Admission And Transfer; Expenditure Limitation
(L95, Ch. 196, sec. 28. Eff. until 7/1/16) A. The deputy director, with the approval of the director, shall make rules including standards for...
- § 36-502; Version 2 Powers And Duties Of The Director Of Ahcccs; Rules; Expenditure Limitation
(L15, Ch. 195, sec. 20. Eff. 7/1/16) A. The director shall make rules that include standards for agencies other than the state hospital when...
- § 36-502.01 Powers And Duties Of Director Of The Department Of Health Services; Rules; Expenditure Limitation
(Eff. 7/1/16) A. The director of the department shall make rules that include standards for the state hospital when providing services as an evaluation...
- § 36-503 Medical Director Of Evaluation Agency Or Mental Health Treatment Agency; Deputy
The medical director of an evaluation agency or the medical director of a mental health treatment agency may deputize, in writing, subject to the...
- § 36-503.01 Duty Of Attorney General Or County Attorney
Whenever a physician or other person files a petition for court-ordered evaluation or court-ordered treatment on behalf of a state or county screening, evaluation...
- § 36-503.02 Serious Mental Illness Services Fund; Program Termination
(Rpld. 7/1/16) A. The serious mental illness services fund is established consisting of monies appropriated to the department from the tobacco litigation settlement account...
- § 36-503.03 Civil Commitment Treatment Population; Cap
The Arizona state hospital shall collect census data for adult civil commitment treatment programs to establish maximum capacity and the allocation formula required by...
Article 2 Patient's Civil and Legal Rights
- § 36-504 Notice Of Patient's Rights; Notification To Family
(L99, Ch. 83, sec. 4. Eff. until 7/1/16) A. Every person undergoing treatment or evaluation pursuant to this chapter is entitled to the rights...
- § 36-504; Version 2 Notice Of Patients' Rights; Notification To Family
(L15, Ch. 195, sec. 23. Eff. 7/1/16) A. Every person undergoing treatment or evaluation pursuant to this chapter is entitled to the rights set...
- § 36-505 Rights At Hearing
At all hearings conducted pursuant to this chapter, persons shall have the right to an analysis of their psychological condition by an independent evaluator.
- § 36-506 Civil Rights Not Impaired; Discrimination Prohibited
A. Persons undergoing evaluation or treatment pursuant to this chapter shall not be denied any civil right, including but not limited to, the right...
- § 36-507 Patient's Rights To Privacy And To Personal Possessions
Every person undergoing evaluation or treatment pursuant to this chapter: 1. Has the right not to be fingerprinted. 2. Has the right not to...
- § 36-508 Disposition Of Patient's Personal Property
A. When a patient is admitted on an inpatient basis to a mental health treatment agency pursuant to section 36-540, the articles of personal...
- § 36-509 Confidential Records; Immunity
A. A health care entity must keep records and information contained in records confidential and not as public records, except as provided in this...
- § 36-510 Patient's Compensation For Work
If a patient of a mental health treatment agency works, this work shall be in the patient's interest. If the primary purpose of this...
- § 36-511 Quality Of Treatment
(L89, Ch. 91, sec. 4. Eff. until 7/1/16) A. Subject to his right to refuse psychiatric and medical treatment pursuant to sections 36-512 and...
- § 36-511; Version 2 Quality Of Treatment
(L15, Ch. 195, sec. 24. Eff. 7/1/16) A. Subject to the right to refuse psychiatric and medical treatment pursuant to sections 36-512 and 36-513...
- § 36-512 Emergency Medical Care
A person undergoing evaluation or treatment has a right to refuse any and all medical treatment unless ordered by the court, except that when,...
- § 36-513 Seclusion; Restraint; Treatment
A person undergoing evaluation pursuant to article 4 of this chapter shall not be treated for his mental disorder unless he consents to such...
- § 36-514 Visitation; Telephone; Correspondence; Religious Freedom
Every person detained for evaluation or treatment pursuant to this chapter shall have the following additional rights: 1. To be visited by the person's...
- § 36-515 Limitation Of Liability; False Application; Classification
A. Any person acting in good faith upon either actual knowledge or reliable information who makes application for evaluation or treatment of another person...
- § 36-516 Violation Of Person's Rights
Any knowing violation of a person's rights under this article shall give him a cause of action for the greater of either one thousand...
- § 36-517 Cruelty To Mentally Disordered Person; Classification
A person guilty of any harsh or cruel treatment of, or any neglect of duty toward a mentally disordered person is guilty of a...
- § 36-517.01 Review Of Decisions Regarding Release Of Treatment Information; Notice; Appeal; Immunity
A. An agency providing evaluation or treatment, on request of a person undergoing evaluation or treatment, a member of his family or his guardian,...
- § 36-517.02 Limitation Of Liability; Exception; Discharge Of Duty; Immunity For Disclosure
A. There shall be no cause of action against a mental health provider nor shall legal liability be imposed for breaching a duty to...
Article 3 Voluntary Admissions
Article 4 Court-Ordered Evaluation
- § 36-520 Application For Evaluation; Definition
(L14, Ch. 215, sec. 101. Eff. until 7/1/16) A. Any responsible individual may apply for a court-ordered evaluation of a person who is alleged...
- § 36-520; Version 2 Application For Evaluation; Definition
(L15, Ch. 195, sec. 26. Eff. 7/1/16) A. Any responsible individual may apply for a court-ordered evaluation of a person who is alleged to...
- § 36-521 Preparation Of Petition For Court‑ordered Evaluation; Procedures For Prepetition Screening
(L14, Ch. 215, sec. 102. Eff. until 7/1/16) A. Upon receiving the application for evaluation, the screening agency shall, prior to filing a petition...
- § 36-521; Version 2 Preparation Of Petition For Court‑ordered Evaluation; Procedures For Prepetition Screening
(L15, Ch. 195, sec. 27. Eff. 7/1/16) A. On receiving the application for evaluation, the screening agency, before filing a petition for court-ordered evaluation,...
- § 36-522 Voluntary Evaluation
(L92, Ch. 301, sec. 20. Eff. until 7/1/16) A. If the petition for court-ordered evaluation is not filed because it has been determined that...
- § 36-522; Version 2 Voluntary Evaluation
(L15, Ch. 195, sec. 28. Eff. 7/1/16) A. If the petition for court-ordered evaluation is not filed because it has been determined that the...
- § 36-523 Petition For Evaluation
(L14, Ch. 215, sec. 103. Eff. until 7/1/16) A. The petition for evaluation shall contain the following: 1. The name, address and interest in...
- § 36-523; Version 2 Petition For Evaluation
(L15, Ch. 195, sec. 29. Eff. 7/1/16) A. The petition for evaluation shall contain the following: 1. The name, address and interest in the...
- § 36-524 Application For Emergency Admission For Evaluation; Requirements
A. A written application for emergency admission shall be made to an evaluation agency before a person may be hospitalized in the agency. B....
- § 36-525 Apprehension And Transportation By Peace Officers; Immunity
A. A peace officer, on the advice of the admitting officer of the evaluation agency pursuant to section 36-524, subsection E, shall apprehend and...
- § 36-526 Emergency Admission; Examination; Petition For Court‑ordered Evaluation
A. On presentation of the person for emergency admission, an admitting officer of an evaluation agency shall perform an examination of the person's psychiatric...
- § 36-527 Discharge And Release; Relief From Civil Liability
A. A person taken into custody for emergency admission may not be detained longer than twenty-four hours excluding weekends and holidays following such detention...
- § 36-528 Emergency Patients; Duties Of Agency; Notification Of Family Member; Right To Counsel
A. A person detained under emergency detention shall be offered treatment for his mental disorder to which he may consent. The person shall not...
- § 36-529 Order For Evaluation; Order For Detention; Hearing
A. If, from the review of the petition for evaluation, the court does not determine that the proposed patient is likely to present a...
- § 36-530 Evaluation And Treatment
A. A person admitted to an evaluation agency shall receive an evaluation as soon as possible after the court's order for evaluation and, subject...
- § 36-531 Evaluation; Possible Dispositions; Release
(L14, Ch. 215, sec. 105. Eff. until 7/1/16) A. A person being evaluated on an inpatient basis in an evaluation agency shall be released...
- § 36-531; Version 2 Evaluation; Possible Dispositions; Release
(L15, Ch. 195, sec. 30. Eff. 7/1/16) A. A person who is being evaluated on an inpatient basis in an evaluation agency shall be...
Article 5 Court-Ordered Treatment
- § 36-533 Petition For Treatment
A. The petition for court-ordered treatment shall allege: 1. That the patient is in need of a period of treatment because the patient, as...
- § 36-534 Change To Voluntary Status; Discharge
If, after a petition for court-ordered treatment has been filed and prior to the hearing, the medical director of the agency finds that it...
- § 36-535 Detention Of Proposed Patient; Time Of Hearing; Released Patient; Intervention By Division
(L14, Ch. 215, sec. 107. Eff. until 7/1/16) A. If, on the filing of a petition for court-ordered treatment, the patient is not then...
- § 36-535; Version 2 Detention Of Proposed Patient; Time Of Hearing; Released Patient; Intervention By Department
(L15, Ch. 195, sec. 31. Eff. 7/1/16) A. If, on the filing of a petition for court-ordered treatment, the patient is not then detained...
- § 36-536 Service Of Petition; Counsel For Proposed Patient; Notice
A. At least seventy-two hours before the court conducts the hearing on the petition for court-ordered treatment, a copy of the petition, affidavits in...
- § 36-537 Powers And Duties Of Counsel
A. The medical director of the agency that conducted the evaluation, at least seventy-two hours before the hearing, shall make available to the patient's...
- § 36-538 Independent Evaluator
At all hearings conducted pursuant to sections 36-539, 36-543 and 36-546, a person has the right to have an analysis of the person's mental...
- § 36-539 Conduct Of Hearing; Record; Transcript
A. The medical director of the evaluation agency shall issue instructions to the physicians or the psychiatric and mental health nurse practitioner of the...
- § 36-540 Court Options
A. If the court finds by clear and convincing evidence that the proposed patient, as a result of mental disorder, is a danger to...
- § 36-540.01 Conditional Outpatient Treatment
A. The medical director may issue an order for conditional outpatient treatment for a patient ordered to undergo treatment pursuant to section 36-540 if,...
- § 36-540.02; Version 2 Transfer Of A Person With A Grave Disability Without A Guardian From A Mental Health Treatment Agency To Another Health Care Facility
(L15, Ch. 195, sec. 32. Eff. 7/1/16) A. A person who does not have a guardian under section 14-5312.01 and who has been found...
- § 36-540.02 Transfer Of A Person With A Grave Disability Without A Guardian From A Mental Health Treatment Agency To Another Health Care Facility
(L14, Ch. 215, sec. 111. Eff. until 7/1/16) A. A person who does not have a guardian under the provisions of section 14-5312.01 and...
- § 36-541 Mandatory Local Treatment
A. A patient who is ordered by a court to undergo treatment, if not hospitalized in the state hospital at the time of the...
- § 36-541.01; Version 2 Release Or Discharge From Treatment Before Expiration Of Period Ordered By Court; Notification Of Intent To Release Or Discharge; Hearing
(L15, Ch. 195, sec. 33. Eff. 7/1/16) A. A patient who is ordered to undergo treatment pursuant to this article may be released from...
- § 36-541.01 Release Or Discharge From Treatment Before Expiration Of Period Ordered By Court; Notification Of Intent To Release Or Discharge; Hearing
(L14, Ch. 215, sec. 113. Eff. until 7/1/16) A. A patient ordered to undergo treatment pursuant to this article may be released from treatment...
- § 36-542 Discharge Of Patient At Expiration Of Period Ordered By Court; Change To Voluntary Status; Relief From Civil Liability
A. A patient ordered by a court to undergo treatment pursuant to this article shall be discharged from treatment at the expiration of the...
- § 36-543 Release From Treatment Of A Patient With A Grave Disability Or A Patient With A Persistent Or Acute Disability; Annual Review; Court Order For Continued Treatment
(L14, Ch. 215, sec. 114. Eff. until 7/1/16) A. A patient found to have a grave disability or a persistent or acute disability and...
- § 36-543; Version 2 Release From Treatment Of A Patient With A Grave Disability Or A Persistent Or Acute Disability; Annual Review; Court Order For Continued Treatment; Rules
(L15, Ch. 195, sec. 34. Eff. 7/1/16) A. A patient who is found to have a grave disability or a persistent or acute disability...
- § 36-544 Unauthorized Absences; Violation; Classification; Tolling Period; Hearing
A. When any patient who is being evaluated or treated is absent without proper authorization from an evaluation agency or a mental health treatment...
Article 6 Costs and Services
- § 36-545 Voluntary Admissions To The State Hospital; Reimbursements; Indigents
The director shall establish the amount which will fully reimburse the state for the expense of examining, evaluating, treating and maintaining the patient. The...
- § 36-545.01; Version 2 Payment Of Costs And Expenses; Ability To Pay; Power And Duty Of Court; Acceptance Of Other Benefits; Per Capita Cost Limitation; Guardians; Parental Liability; Lien; Duty Of County Attorney
(L15, Ch. 195, sec. 35. Eff. 7/1/16) A. When a patient is admitted to the state hospital for court-ordered treatment pursuant to article 5...
- § 36-545.01 Payment Of Costs And Expenses; Ability To Pay; Power And Duty Of Court; Acceptance Of Other Benefits; Per Capita Cost Limitation; Guardians; Parental Liability; Lien; Duty Of County Attorney
(L00, Ch. 193, sec. 355. Eff. until 7/1/16) A. When a patient is admitted to the state hospital for court-ordered treatment pursuant to article...
- § 36-545.02 State Hospital Reimbursements; Disposition Of Funds
All monies collected pursuant to sections 36-545 and 36-545.01 for examination, evaluation, treatment and maintenance of patients shall be deposited, pursuant to sections 35-146...
- § 36-545.03 Payment Of Costs And Expenses By Person Hospitalized In Private Or Voluntary Nonprofit Facility
All costs in connection with a patient hospitalized in a private or voluntary nonprofit facility, including costs for evaluation, shall be borne by the...
- § 36-545.04 Costs Of Court Proceedings; Compensation For Evaluation And Testimony
A. Except as provided in this chapter, costs of court proceedings and cost of services provided by a county pursuant to article 4 are...
- § 36-545.05; Version 2 Charges For Treatment By Agencies Under Administration Contract; Charges For Prepetition Screening And Court‑ordered Evaluation Prohibited
(L15, Ch. 195, sec. 36. Eff. 7/1/16) A. When a person is given a prepetition screening, or a court-ordered evaluation by a screening agency...
- § 36-545.05 Charges For Treatment Given By Agencies Under Department Contract; Charges For Prepetition Screening And Court‑ordered Evaluation Prohibited
(L74, Ch. 185, sec. 2. Eff. until 7/1/16) A. When a person is given a prepetition screening, or a court-ordered evaluation by a screening...
- § 36-545.06; Version 2 County Services
(L15, Ch. 195, sec. 37. Eff. 7/1/16) A. Each county, or any combination of counties, shall provide directly or by contract the services of...
- § 36-545.06 County Services
(L86, Ch. 398, sec. 31. Eff. until 7/1/16) A. Each county, or any combination of counties, shall provide directly or by contract the services...
- § 36-545.07; Version 2 Contracts Between The Administration And Screening Agencies, Evaluation Agencies And Mental Health Treatment Agencies; Services; Plan
(L15, Ch. 195, sec. 38. Eff. 7/1/16) A. The administration may enter into contracts with screening agencies, evaluation agencies and mental health treatment agencies...
- § 36-545.07 Contracts Between The Division And Screening Agencies, Evaluation Agencies And Mental Health Treatment Agencies; Services; Plan
(L92, Ch. 301, sec. 25. Eff. until 7/1/16) A. The division, with the approval of the director, may enter into contracts with screening agencies,...
- § 36-545.08 Arizona State Hospital Fund; Purpose
A. The Arizona state hospital fund is established for the purposes prescribed in section 36-545.01, subsection I. The department of health services shall administer...
- § 36-545.09 Building Renewal Fund; Purpose
Subject to legislative approval a building renewal fund is established for the purpose of major maintenance of the state owned properties located at 1930...
Article 7 Judicial Review
Article 9 Hospitalization in a Federal Facility
Article 10 Community Mental Health Residential Treatment System
- § 36-550 Definitions
(L92, Ch. 301, sec. 26. Eff. until 7/1/16) In this article, unless the context otherwise requires: 1. " Community residential treatment system" means a...
- § 36-550; Version 2 Definitions
(L15, Ch. 195, sec. 39. Eff. 7/1/16) In this article, unless the context otherwise requires: 1. " Administration" means the Arizona health care cost...
- § 36-550.01; Version 2 Statewide Plan For Community Residential Treatment
(L15, Ch. 195, sec. 40. Eff. 7/1/16) A. The director shall establish a statewide plan for a community residential treatment system. The plan shall...
- § 36-550.01 Statewide Plan For Community Residential Treatment
(L92, Ch. 301, sec. 27. Eff. until 7/1/16) A. The deputy director shall establish a statewide plan for a community residential treatment system by...
- § 36-550.02; Version 2 County Responsibilities In Statewide Planning Process
(L15, Ch. 195, sec. 41. Eff. 7/1/16) A. Each county shall be responsible for developing an individual county profile of existing programs, needs and...
- § 36-550.02 County Responsibilities In Statewide Planning Process
(L92, Ch. 301, sec. 28. Eff. until 7/1/16) A. Each county shall be responsible for developing an individual county profile of existing programs, needs...
- § 36-550.03; Version 2 Statewide Plan Implementation; Contract Requirements; Exception
(L15, Ch. 195, sec. 42. Eff. 7/1/16) A. On establishment of the statewide plan for a community residential treatment system as required in section...
- § 36-550.03 Statewide Plan Implementation; Contract Requirements; Exception
(L92, Ch. 301, sec. 29. Eff. until 7/1/16) A. Upon establishment of the statewide plan for a community residential treatment system as required in...
- § 36-550.04; Version 2 Evaluation System; Contract Requirements
(L15, Ch. 195, sec. 43. Eff. 7/1/16) A. The director shall develop and implement an evaluation system that includes program planning and development, fiscal...
- § 36-550.04 Evaluation System; Contract Requirements
(L92, Ch. 301, sec. 30. Eff. until 7/1/16) A. The deputy director shall develop and implement an evaluation system which shall include, but not...
- § 36-550.05 Community Mental Health Residential Treatment Services And Facilities; Prevention Services
A. A residential or day treatment facility shall be designed to provide a homelike environment without sacrificing safety or care. Facilities shall be relatively...
- § 36-550.06; Version 2 Client Eligibility
(L15, Ch. 195, sec. 44. Eff. 7/1/16) A. The seriously mentally ill are eligible for services under this article if they comply with the...
- § 36-550.06 Client Eligibility
(L09, 3SS, Ch. 10, sec. 6. Eff. until 7/1/16) A. The seriously mentally ill are eligible for services under this article if they comply...
- § 36-550.07; Version 2 Community Residential Treatment System Planning Grants
(L15, Ch. 195, sec. 45. Eff. 7/1/16) A. The director may award grants to counties to facilitate the planning of community residential treatment systems...
- § 36-550.07 Community Residential Treatment System Planning Grants
(L92, Ch. 301, sec. 33. Eff. until 7/1/16) A. The deputy director may award grants to counties to facilitate the planning of community residential...
- § 36-550.08 Clients' Rights
Clients receiving treatment pursuant to this article are entitled to all the rights enumerated in this chapter.
Chapter 5 STATE DEPARTMENT OF DEVELOPMENTAL DISABILITIES
Article 1 Administration and Regulation
- § 36-551 Definitions
In this chapter, unless the context otherwise requires: 1. " Adaptive behavior" means the effectiveness or degree to which the individual meets the standards...
- § 36-551.01 Persons With Developmental Disabilities; Rights Guaranteed
A. A person with a developmental disability in this state shall not be denied as the result of the developmental disability the rights, benefits,...
- § 36-552 Developmental Disabilities Function; Expenditure Limitation
A. The department shall function as the developmental disabilities authority for the state of Arizona. B. No provisions of this chapter shall be construed...
- § 36-553 Developmental Disabilities Advisory Council; Membership; Duties
A. The developmental disabilities advisory council is established consisting of the following members: 1. One parent or guardian of a child who is under...
- § 36-554 Powers And Duties Of Director
A. The director shall: 1. Be responsible for developing and annually revising a statewide plan and initiating statewide programs and services for persons with...
- § 36-555 Coordination Of Programs By Department With Special Education Programs
A. The department may conduct jointly, directly or indirectly, with a school district the placement evaluation of a person with a developmental disability who...
- § 36-556 Coordination With Division Of Behavioral Health; Duties Of Department
(L14, Ch. 215, sec. 122. Eff. 7/1/16) The department shall coordinate with the division of behavioral health in the department of health services in:...
- § 36-556; Version 2 Coordination With Department Of Health Services; Duties Of Department
(L15, Ch. 195, sec. 46. Eff. 7/1/16) The department of economic security shall coordinate with the department of health services in: 1. The development...
- § 36-557 Community Developmental Disability Services; Service Providers
A. The department may use state and federal monies appropriated or otherwise available to it for this purpose to assist in the establishment and...
- § 36-558 Establishment And Maintenance Of Programs And Services; Definition
A. In addition to the Arizona training program facilities at Randolph and Tucson, the director shall establish and maintain a state owned and operated...
- § 36-558.01 Operation, Support And Supervision Of Foster Homes; Duties Of Department
A. The department shall operate directly or support and supervise child developmental foster homes and foster homes licensed pursuant to title 8, chapter 4,...
- § 36-558.02 State Operated Service Center
The state operated service center shall provide temporary residential care and space for child and adult services. Residential care includes respite services, crisis intervention...
- § 36-559 Eligibility For Developmental Disabilities Programs, Services And Facilities
A. Except as provided in subsection B of this section, a person with a developmental disability is eligible to apply for developmental disabilities programs,...
- § 36-560 Admission
A. Persons shall be admitted to developmental disabilities programs or services operated by or supported by the department only pursuant to the procedures prescribed...
- § 36-561 Prohibiting Certain Treatment Or Drugs; Use Of Aversive Stimuli
A. No psychosurgery, insulin shock or electroshock treatment or experimental drugs shall be administered by the department to any client, nor shall the department...
- § 36-562 Schedule Of Financial Contribution; Review Of Payment Order
A. Money for the support of a person with a developmental disability in a residential program operated or supported by the department, except for...
- § 36-563 Review And Appeal; Hearing
A. This section governs the review and appeal procedure for decisions relating to the admission, evaluation, assignment to programs and services, care and treatment,...
- § 36-564 Guardianship
A. Guardians for clients acting under the provisions of this chapter shall be appointed pursuant to title 14, chapter 5, articles 1, 2, 3...
- § 36-565 Periodic Evaluations Of Persons With Developmental Disabilities
A. Evaluations of the client's placement shall be made at six-month intervals after a client with a developmental disability has been enrolled in a...
- § 36-566 Request For Termination From A State Facility, Program Or Service
A. Upon written request from the responsible person for termination of the client from a developmental disabilities program or service operated directly or indirectly...
- § 36-567 Music Therapists; Minimum Qualifications; Definition
A. The division shall require qualifications for persons who provide music therapy services through a contract to persons with developmental disabilities. At a minimum...
- § 36-568.01 Confidentiality Of Records
A. All information obtained and records prepared in the course of providing any services under this chapter to clients shall be confidential and privileged...
- § 36-568.02 Confidentiality Of Health Information
A. If a health plan, a health care provider licensed or certified pursuant to title 32 or title XIX of the social security act...
- § 36-569 Prohibitions; Violations; Classification
A. Improper, abusive treatment or neglect of a person with a developmental disability is prohibited. For the purposes of this section: 1. " Abusive...
- § 36-571 Developmental Disabilities Fund; Disbursement; Federal Monies
A. The developmental disabilities fund is established consisting of appropriations and other monies for use for developmental disabilities. The department shall receive and disburse...
- § 36-572 Client Developmental Disability Services Trust Fund; Donation Account
A. A client with a developmental disability services trust fund is established. B. The fund consists of donations and the proceeds of the sale...
- § 36-574 Children's Autism Services; Contract
A. Subject to legislative appropriation, in addition to any existing autism services, the department may provide children's autism services through the division of developmental...
Article 2 Developmental Disabilities
- § 36-581 Definitions
In this article, unless the context otherwise requires: 1. " Developmental disability" means autism, cerebral palsy, epilepsy or cognitive disability. 2. " Residential facility"...
- § 36-582 Residential Facilities; Zoning; Notice; Appeal
A. Unrelated persons living together notwithstanding, a residential facility which serves six or fewer persons shall be considered a residential use of property for...
Article 3 Licensing and Monitoring of Community Residential Settings
Article 4 Third Party Liability Program
Article 5 Family Support
Chapter 6 PUBLIC HEALTH CONTROL
Article 1 Health Menaces
- § 36-601 Public Nuisances Dangerous To Public Health
A. The following conditions are specifically declared public nuisances dangerous to the public health: 1. Any condition or place in populous areas that constitutes...
- § 36-601.01 Smoke-Free Arizona Act
(Caution: 1998 Prop. 105 applies.) A. Definitions. The following words and phrases, whenever used in this section, shall be construed as defined in this...
- § 36-602 Abatement Of Nuisances, Sources Of Filth And Causes Of Sickness; Civil Penalty; Property Assessment; Procedure
A. Notwithstanding any other provision of this title, when a nuisance, source of filth or cause of sickness exists on private property, the county...
- § 36-603 Right To Enter Premises For Inspection Or Abatement
When a county board of health or a local health department deems it necessary to enter a building or structure within its jurisdiction for...
- § 36-604 Health Menace Near Military Encampments; Classification
When a condition exists in an area adjacent to a military encampment outside the corporate limits of a city or town which, in the...
- § 36-605 Common Towel Or Drinking Cup Provided In Public Place; Classification
A person who knowingly provides or furnishes a common towel or a common drinking cup which may be used by more than one person...
- § 36-606 Pesticide Illness; Medical Education; Reports
A. The director of the department of health services shall develop and implement, in cooperation with rural health clinics, county health departments, state and...
Article 2 Contagious Diseases
- § 36-621 Report Of Contagious Diseases
A person who learns that a contagious, epidemic or infectious disease exists shall immediately make a written report of the particulars to the appropriate...
- § 36-622 Report By Hotel Keepers Of Contagious Diseases
The keeper of a private house, boarding house, lodging house, inn or hotel shall report in writing to the local board of health or...
- § 36-623 Report By Physician Of Death From Contagious Disease
Physicians shall report in writing to the local board of health or health department the death within its jurisdiction of patients dying from contagious,...
- § 36-624 Quarantine And Sanitary Measures To Prevent Contagion
When a county health department or public health services district is apprised that infectious or contagious disease exists within its jurisdiction, it shall immediately...
- § 36-626 Disinfection Or Destruction Of Contaminated Bedding And Other Articles
A. A local board or health department may cause the destruction of beds, bedding, clothing, carpets or other articles which have been exposed to...
- § 36-627 Temporary Hospitals For Persons With Contagious Disease
A local board of health or health department may provide a temporary hospital or place of reception for persons with infectious or contagious diseases....
- § 36-628 Provision For Care Of Persons Afflicted With Contagious Disease; Expenses
A. Local boards or health departments may employ physicians and other persons and provide such necessaries of life as they deem necessary for care...
- § 36-630 Violation; Classification
A person who knowingly secretes himself or others known to have a contagious or infectious disease, or a member of a board of health...
- § 36-631 Person With Contagious Or Infectious Disease Exposing Himself To Public; Classification; Exception
A person who knowingly exposes himself or another afflicted with a contagious or infectious disease in a public place or thoroughfare, except in the...
Article 3 Industrial Sanitation
Article 4 Communicable Disease Information
Article 4.1 School Immunization
Article 5 Maternal and Child Health
Article 6 Tuberculosis Control
- § 36-711 Definitions
In this article, unless the context otherwise requires: 1. " Active tuberculosis" means a disease that is caused by mycobacterium tuberculosis or other members...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 36-723 Investigation Of Tuberculosis Cases
A. When a local health officer is notified that an afflicted person is within the officer's jurisdiction, the local health officer shall immediately initiate...
- § 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...
- § 36-725 Orders To Cooperate; Emergency Custody
A. If the tuberculosis control officer or the local health officer knows or has reasonable grounds to believe someone is an afflicted person who...
- § 36-726 Petition For Court Ordered Examination, Monitoring, Treatment, Isolation Or Quarantine
A. The tuberculosis control officer, the local health officer or a designated legal representative may petition the superior court for court ordered examination, monitoring,...
- § 36-727 Hearings; Procedure; Confidentiality
A. The afflicted person or, if a minor or incapacitated person, the afflicted person's parent or guardian and that person's attorney have the right...
- § 36-728 Judicial Action
A. If the court finds by clear and convincing evidence that a person is an afflicted person and presents a substantial danger to another...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
- § 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...
Article 7 Licensing and Regulation of Midwifery
Article 8 Tobacco Tax Funds
Article 9 Enhanced Surveillance Advisories and Public Health Emergencies
- § 36-781 Definitions
In this article, unless the context otherwise requires: 1. " Bioterrorism" means the intentional use of any microorganism, virus, infectious substance or biological product...
- § 36-782 Enhanced Surveillance Advisory
A. The governor, in consultation with the director, may issue an enhanced surveillance advisory if the governor has reasonable cause to believe that an...
- § 36-783 Increased Reporting During Enhanced Surveillance Advisory
A. A health care provider or medical examiner shall report to the local health authority all cases of any illness, health condition or clinical...
- § 36-784 Patient Tracking During Enhanced Surveillance Advisory
A. During an enhanced surveillance advisory, to identify, diagnose, treat and track persons who may have been exposed to an illness, health condition or...
- § 36-785 Information Sharing During An Enhanced Surveillance Advisory
A. During an enhanced surveillance advisory, when a public safety authority learns of a suspicious disease event, or it learns of a threatened bioterrorism...
- § 36-786 Laboratory Testing During An Enhanced Surveillance Advisory
A. The state laboratory shall coordinate specimen testing relating to enhanced surveillance advisory. If necessary and at state expense, the department may designate other...
- § 36-787 Public Health Authority During State Of Emergency Or State Of War Emergency
A. During a state of emergency or state of war emergency declared by the governor in which there is an occurrence or imminent threat...
- § 36-788 Isolation And Quarantine During A State Of Emergency Or State Of War Emergency
A. During a state of emergency or state of war emergency as declared pursuant to section 36-787, the department or local health authority must...
- § 36-789 Due Process For Isolation And Quarantine During A State Of Emergency Or State Of War Emergency
A. The department, or local health authority may isolate or quarantine a person or group of persons through a written directive without first obtaining...
- § 36-790 Privileges And Immunities
A. The physician patient privilege does not prevent a person or health care provider from complying with the duty to report or provide personal...
Article 11 Bedding
- § 36-796 Definitions
In this article, unless the context otherwise requires: 1. " Bedding" includes upholstered furniture and means any mattress, box spring, upholstered chair, couch or...
- § 36-796.02 Labeling Of Bedding Required
A. A person shall not manufacture, repair, renovate or sell, or have in the person's possession with intent to sell, any item of bedding,...
- § 36-796.03 Prohibited Use Of Certain Materials
A person shall not use materials obtained from dump grounds, junkyards or hospitals within or outside this state to manufacture, repair, rework or renovate...
- § 36-796.04 Sterilization, Disinfection And Disinfestation Of Bedding And Materials
A. A person shall not sell or include in a sale any item of secondhand bedding or any item of bedding of any type...
- § 36-796.07 Exceptions
The provisions of this article shall not apply to: 1. Bedding which has been manufactured, repaired or renovated prior to the effective date of...
- § 36-796.08 Violation; Classification
A person who violates any provision of this article is guilty of a class 2 misdemeanor.
Article 13 Sickle Cell Anemia
- § 36-797.41 Declaration Of Policy; Sickle Cell Anemia
A. It is the policy of this state to make every effort to detect, as early as possible, sickle cell anemia, an heritable disorder...
- § 36-797.42 Testing By Department; Consent
A. Testing for sickle cell anemia may be conducted at the following times by the department of health services: 1. Upon first enrollment of...
- § 36-797.43 Care And Treatment Of Children With Sickle Cell Anemia; Reimbursement
A. Subject to the availability of monies, the department of health services, through the children's rehabilitative services, may develop and operate, either directly or...
- § 36-797.44 Care And Treatment Of Adults With Sickle Cell Anemia; Reimbursement
A. Subject to the availability of monies, the department of health services, through the children's rehabilitative services, may develop and operate, either directly or...
Article 14 Tobacco Sales
- § 36-798 Definitions
In this article, unless the context otherwise requires: 1. " Bar" means that portion of any premises licensed under section 4-209, subsection B, paragraph...
- § 36-798.01 Selling Or Giving Beedies Or Bidis; Violation; Classification
A. It is unlawful for a retail tobacco vendor to sell, furnish, give or provide beedies or bidis to a minor in this state....
- § 36-798.02 Vending Machine Sales Of Tobacco And Tobacco Products; Signage; Violation; Classification
A. A person shall not sell tobacco products through a vending machine unless the vending machine is located in either: 1. A bar. 2....
- § 36-798.03 Tobacco Products Prohibition At Schools And School‑related Areas; Exception; Violation; Classification
A. Tobacco products are prohibited on school grounds, inside school buildings, in school parking lots or playing fields, in school buses or vehicles or...
- § 36-798.04 Unlawful Manufacture, Sale Or Distribution Of Cigarettes And Roll‑your‑own Tobacco; Exception; Violation; Classification
A. Except as provided in subsection B or C of this section, it is unlawful to manufacture, sell or distribute in this state either:...
- § 36-798.05 Unsolicited Delivery Of Tobacco Products; Violation; Classification; Civil Penalties; Definitions
A. It is unlawful for a person to deliver or cause to be delivered to any residence in this state any tobacco products unsolicited...
- § 36-798.06 Delivery Sales Prohibited; Common Carriers; Civil Penalty; Forfeiture; Unlawful Practice; Exceptions; Violation; Classification; Definitions
A. A person shall not do either of the following: 1. Cause a tobacco product to be ordered or purchased by anyone other than...
Chapter 7 DISPOSITION OF HUMAN BODIES
Article 1 Disposition of Certain Dead Human Bodies
Article 2 Burial Responsibility
Article 3 Revised Uniform Anatomical Gift Act
- § 36-841 Definitions
In this article, unless the context otherwise requires: 1. " Adult" means an individual who is at least eighteen years of age. 2. "...
- § 36-842 Applicability
This article applies to an anatomical gift or amendment to, revocation of or refusal to make an anatomical gift, whenever made.
- § 36-843 Who May Make An Anatomical Gift Before Donor's Death
Subject to the requirements of section 36-847, an anatomical gift may be made during the life of the donor for the purpose of transplantation,...
- § 36-844 Manner Of Making Anatomical Gift Before Donor's Death
A. A donor may make an anatomical gift: 1. By registering to be a donor on the donor registry established by section 36-858. 2....
- § 36-845 Amending Or Revoking Anatomical Gift Before Donor's Death
A. Subject to the requirements of section 36-847, a donor or other person authorized to make an anatomical gift pursuant to section 36-843 may...
- § 36-846 Refusal To Make Anatomical Gift; Effect Of Refusal
A. An individual may refuse to make an anatomical gift of the individual's body or part by: 1. A record signed by either: (a)...
- § 36-847 Preclusive Effect Of Anatomical Gift, Amendment Or Revocation
A. Except as otherwise prescribed in subsections G and H of this section and subject to the requirements of subsection F of this section,...
- § 36-848 Who May Make Anatomical Gift Of Decedent's Body Or Part
A. Subject to the requirements of subsections B and C of this section, and unless barred pursuant to section 36-846 or 36-847, an anatomical...
- § 36-849 Manner Of Making, Amending Or Revoking Anatomical Gift Of Decedent's Body Or Part
A. A person who is authorized to make an anatomical gift pursuant to section 36-848 may make an anatomical gift by a document of...
- § 36-850 Persons Who May Receive Anatomical Gifts; Purpose Of Anatomical Gift
A. An anatomical gift may be made to the following named in the document of gift: 1. An organ procurement organization. 2. A hospital,...
- § 36-851 Delivery Of Document Of Gift Not Required; Right To Examine
A. A document of gift need not be delivered during the donor's lifetime to be effective. B. On or after an individual's death, a...
- § 36-852 Rights And Duties Of Procurement Organizations And Others
A. When a hospital refers an individual at or near death to an organ procurement organization, the organization shall make a reasonable search of...
- § 36-853 Coordination Of Procurement And Use
A. Each hospital in this state shall enter into one or more agreements or affiliations with procurement organizations for coordination of procurement and use...
- § 36-854 Sale Or Purchase Of Parts; Classification
A. Except as otherwise provided in subsection B, a person who for valuable consideration knowingly purchases or sells a part for transplantation or therapy,...
- § 36-855 Prohibited Acts; Classification
A person who, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces or obliterates a document of gift, an amendment or...
- § 36-856 Immunity
A. A person is not subject to civil liability, criminal prosecution or administrative proceedings for good faith acts or omissions related to procurement of...
- § 36-857 Choice Of Law; Presumption Of Validity
A. A document of gift is valid if executed in accordance with: 1. This article. 2. The laws of the state or country where...
- § 36-858 Donor Registry
A. An organ procurement organization shall establish a donor registry in this state. B. The motor vehicle division of the department of transportation shall...
- § 36-859 Effect Of Anatomical Gift On Health Care Directive; Definitions
A. If the terms of a prospective donor's living will or health care directive and the express or implied terms of an anatomical gift...
- § 36-860 County Medical Examiners; Authorization
A. The medical examiner or individual legally delegated that authority may release and permit the removal of a part from or all of a...
- § 36-861 Medical Examiner; Release Of Information
A. The county medical examiner or individual legally delegated that authority shall release the name, contact information and available medical and social history of...
- § 36-862 Uniformity Of Application And Construction
In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject...
- § 36-863 Relation To Electronic Signatures In Global And National Commerce Act
This act modifies, limits and supersedes the electronic signatures in global and national commerce act, but does not modify, limit or supersede section 101(a)...
- § 36-864 Document Of Gift; Transfer By Department Of Transportation; Requirements
Each executed document of gift transferred by the department of transportation to an organ procurement organization is presumed to be a valid document of...
Chapter 7 CHILD CARE PROGRAMS
Article 1 Day Care Centers
- § 36-881 Definitions
In this article, unless the context otherwise requires: 1. " Child" means any person through the age of fourteen years. Child also means a...
- § 36-882 License; Posting; Transfer Prohibited; Fees; Provisional License; Renewal; Exemption From Rule Making
A. A child care facility shall not receive any child for care, supervision or training unless the facility is licensed by the department of...
- § 36-883 Standards Of Care; Rules; Classifications
A. The director of the department of health services shall prescribe reasonable rules regarding the health, safety and well-being of the children to be...
- § 36-883.01 Statement Of Services
Each child care facility shall annually furnish to the department, and make available to parents on request, an explicit and up-to-date written statement of...
- § 36-883.02 Child Care Personnel; Fingerprints; Exemptions; Definition
A. Except as provided in subsection B of this section, child care personnel, including volunteers, shall submit the form prescribed in subsection C of...
- § 36-883.03 Employer‑subsidized Child Care; Immunity From Liability
A. An employer that subsidizes child care on a nondiscriminatory basis to its employees through a child care facility licensed pursuant to this article...
- § 36-883.04 Standards Of Care; Rules; Enforcement
The director shall prescribe reasonable rules and standards regarding the health, safety and well-being of children cared for in any public school child care...
- § 36-883.05 Child Care Facilities; Infants; Floor Bedding; Requirements; Emergency Evacuation; Notice; Definitions
A. A child care facility that provides child care services utilizing the practice of a documented educational philosophy including least restrictive environment for infants...
- § 36-884 Exemptions
This article does not apply to the care given to children by or in: 1. The homes of parents or blood relatives. 2. A...
- § 36-885 Inspection Of Child Care Facilities
A. The department or designated local health departments or its agents may at any time visit during hours of operation and inspect a child...
- § 36-886 Operation Without A License; Classification
A. If it appears that any person is maintaining or operating a child care facility without a license, the department shall notify the facility's...
- § 36-886.01 Injunctions
If the department believes that a child care facility is operating under conditions that present possibilities of serious harm to children, the department shall...
- § 36-887 Procedure For Inspection Of Records
A. Records maintained by the department for child care facilities are available to the public for review and copying. B. Personally identifiable information that...
- § 36-888 Denial, Revocation Or Suspension Of License
A. The department may deny, suspend or revoke a license for a violation of this article or department rules. At least thirty days before...
- § 36-889 Licensees; Applicants; Residency; Controlling Persons; Requirements
A. Each licensee, other than a corporation, a limited liability company, an association or a partnership, shall be a citizen of the United States...
- § 36-890 Decisions
All decisions rendered by the director, pursuant to the applicable law and regulations, shall be in writing and filed of record in the office...
- § 36-891 Civil Penalty; Inspection Of Centers; Training Program
A. The director may impose a civil penalty on a person who violates this article or rules adopted pursuant to this article in an...
- § 36-891.01 Intermediate Sanctions; Notification Of Compliance; Hearing
A. If the director has reasonable cause to believe that a licensee is violating this article or rules adopted pursuant to this article and...
- § 36-892 Violation; Classification
Any person violating the provisions of the applicable law, or regulations, is guilty of a class 2 misdemeanor unless another classification is specifically prescribed...
- § 36-893 Legal Action Or Sale; Effect On Licensure
A. The department shall not act on an application for licensure of a currently licensed child care facility while any enforcement or court action...
- § 36-894 Medical Marijuana; Child Care Facilities; Prohibition
(Added with a 1998 Prop. 105 clause pursuant to L12, Ch. 159) A person, including a cardholder as defined in section 36-2801, may not...
Article 3 Placement of Children by Department of Economic Security
Article 4 Child Care Group Homes
- § 36-897 Definitions
In this article, unless the context otherwise requires: 1. " Child care group home" means a residential facility in which child care is regularly...
- § 36-897.01 Certification; Application; Fees; Rules; Fingerprinting; Renewal; Exemption From Rule Making
A. A child care group home shall be certified by the department. An application for a certificate shall be made on a written or...
- § 36-897.02 Standards Of Care; Monitoring
A. The department by rule shall establish standards of care for child care group homes. These rules shall include minimum programmatic, personnel, supervision of...
- § 36-897.03 Child Care Group Homes; Child Care Personnel; Fingerprints; Definition
A. Child care personnel, including volunteers, shall submit the form prescribed in subsection B of this section to the employer and shall have valid...
- § 36-897.04 Exemptions
A. This article does not apply to the care given to children by or in: 1. The homes of their own parents. 2. A...
- § 36-897.05 Inspection Of Child Care Group Homes
A. The department or designated local health departments or its agents may at any time visit, during hours of operation, and inspect a child...
- § 36-897.06 Civil Penalty; Collection
A. The director may impose a civil penalty on a person who violates this article or rules adopted pursuant to this article in an...
- § 36-897.07 Training Program
The director shall establish a training program to provide training for child care group homes and users of child care group home services, technical...
- § 36-897.08 Intermediate Sanctions; Notification Of Compliance; Hearing
A. If the director has reasonable cause to believe that a child care group home is in violation of this article or a rule...
- § 36-897.09 Operating Without A Certificate; Notice; Hearing; Violation; Classification
A. If the department has reasonable cause to believe that a person is operating a child care group home without a certificate, it shall...
- § 36-897.10 Pending Action Or Sale; Effect On Licensure
A. The department shall not act on an application for certification of a currently certified child care group home while any enforcement or court...
- § 36-897.11 Injunctions; Definition
A. If the department believes that a child care group home is operating under conditions that may cause serious harm to children, the department...
- § 36-897.12 Inspection Of Records
A. Records maintained by the department for child care group homes are available to the public for review and copying. B. Personally identifiable information...
Article 5 Notification of Pesticide Application
Chapter 7 CHILD HEARING PROGRAMS
Article 1 Program of Hearing Evaluation Services
Chapter 8 PURE FOOD CONTROL
Article 1 Adulteration and Misbranding
- § 36-901 Definitions
In this article, unless the context otherwise requires: 1. " Advertisement" means all representations disseminated in any manner or by any means other than...
- § 36-902 Prohibited Acts
The following acts and the causing thereof within the state of Arizona are prohibited: 1. The manufacture, sale, delivery, holding or offering for sale...
- § 36-903 Food Standards
When the director determines that such action will promote honesty and fair dealing in the interest of consumers, the director shall promulgate regulations establishing...
- § 36-904 Food Adulteration
A. A food is adulterated if one or more of the following conditions exist: 1. It bears or contains any poisonous or deleterious substance...
- § 36-905 Tolerances For Added Poisonous Ingredients
A. Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive...
- § 36-906 Food Misbranding
A food is misbranded if one or more of the following conditions exists: 1. Its labeling is false or misleading. 2. It is offered...
- § 36-907 Misleading Labeling And Advertisements; Considerations
When a food is alleged to be misbranded because the labeling is misleading, or when an advertisement of a food is alleged to be...
- § 36-908 Special Inspection Warrant; Violation; Classification
A. The director and his designees having powers and duties under this article or the rules and regulations adopted pursuant to this article involving...
- § 36-909 Samples Or Specimens
The director may obtain such samples or specimens as he requires for the purpose of pure food control. The chief of the state laboratory...
- § 36-910 Seizure
A. When the director finds or has probable cause to believe that any food is adulterated or misbranded within the meaning of this article...
- § 36-911 Enforcement Regulations; Decisions; Appeal
A. The director may make regulations to enforce the provisions of this article which shall conform insofar as practicable with those promulgated under the...
- § 36-912 Prosecution
The attorney general or the county attorney of the county in which the violation occurs to whom the director reports any violation of this...
- § 36-913 Injunction Proceedings
In addition to the remedies provided in this article, the director, with the assistance of the attorney general or of the county attorney of...
- § 36-914 Violation; Classification; Guaranty
A. Any person who violates any of the provisions of section 36-902 is guilty of a class 2 misdemeanor. In the instance of a...
- § 36-915 Enrichment, Fortification And Labeling Of Flour, Cereals And Related Foods; Penalty
A. The director shall adopt enrichment standards governing the identity and quantity of vitamins and minerals to be added to flour produced from small...
- § 36-916 Donation Of Food Items; Exemption From Civil Liability; Definitions
A. A person who makes a good faith donation of an apparently wholesome food item or an apparently fit nonfood grocery product to a...
Article 3 Kosher Foods
- § 36-941 Definitions
In this article, unless the context otherwise requires: 1. " Kosher" means sanctioned by and prepared under the traditional Hebrew rules and requirements or...
- § 36-942 Sale Of Kosher Food
A. It is unlawful, with intent to defraud: 1. To sell, offer or expose for sale, by any method or in any form, any...
- § 36-943 Violation; Classification
A person violating a provision of this article is guilty of a class 1 misdemeanor.
Article 5 Bulk Food Sales
- § 36-971 Definitions
In this article, unless the context otherwise requires: 1. " Bulk food" means unpackaged and unwrapped food in aggregate containers from which quantities are...
- § 36-972 Applicability Of Article
This article applies to any person who displays, sells or offers for sale at retail any bulk food.
- § 36-973 Labeling; Exception
A. Bulk food product modules shall be conspicuously labeled with the common name of the product, a list of ingredients in order of predominance...
- § 36-974 Protection From Contamination
A. Bulk food and product modules shall be protected from contamination during display, customer self-service, refilling and storage. B. Each product module shall have...
- § 36-975 Dispensing
A. Bulk food may be dispensed by either: 1. Mechanical dispensing devices including gravity dispensers, pumps, extruders and augers. 2. Manual dispensing from lidded...
- § 36-976 Construction; Materials
A. Product modules and utensils shall be constructed of safe materials and shall be corrosion resistant, nonabsorbent, smooth, easily cleanable and durable under conditions...
- § 36-977 Cleaning Frequency
A. Manual dispensing utensils shall be cleaned and sanitized at least daily, or at more frequent intervals based on the type of food and...
- § 36-978 Signs
A sign at least ten inches by fourteen inches shall be conspicuously posted within the immediate display area directing customers for health reasons to...
- § 36-979 Disease Control
If the director of the department of health services finds that a disease or foreign matter is actually transmitted by a method of dispensing...
- § 36-980 Local Standards
Local governments shall not adopt standards governing persons, facilities or activities covered by this article which conflict with this article.
Chapter 9 REGULATION OF ALKALIES, ACIDS, HUMAN BLOOD AND ITS DERIVATIVES AND POISONS
Article 4 Caustic Alkalies and Acids
- § 36-1101 Definitions
As used in this article unless the context otherwise requires: 1. " Dangerous, caustic or corrosive substance" means: (a) Hydrochloric acid or any preparation...
- § 36-1102 Misbranding Of Package Prohibited
No person shall sell, barter or exchange, receive, hold, pack, display, or offer for sale, barter or exchange, in this state any dangerous, caustic...
- § 36-1103 Condemnation And Disposal Of Misbranded Articles
A. All substances and containers which are misbranded as defined by this article shall, by order of the court, be condemned and ordered destroyed,...
- § 36-1104 Enforcement; Registration Of Brands And Labels
A. The department of health services shall enforce the provisions of this article. The department may approve and register such brands and labels intended...
- § 36-1105 Violation; Classification
A person violating the provisions of this article is guilty of a class 3 misdemeanor.
Article 5 Human Blood, Its Products and Derivatives
- § 36-1151 Definition Of Blood Services
The procurement, processing, distribution, or use of whole human blood, plasma, blood products and blood derivatives for the purpose of injecting or transfusing them...
Article 6 Arizona Poison Control System
Chapter 10 GROUP HOMES FOR JUVENILES
Article 1 General Provisions
Chapter 11 HEALTH CARE SERVICES FREEDOM OF CHOICE
Article 1 General Provisions
Chapter 11 TERMINAL PATIENTS' RIGHT TO TRY ACT
Article 1 General Provisions
Chapter 12 PUBLIC HOUSING
Article 1 Municipal Housing
- § 36-1401 Definitions
In this article, unless the context otherwise requires: 1. " Area of operation" includes all the territory of a city, town or county. 2....
- § 36-1402 Legislative Finding And Declaration Of Necessity
A. It is declared that: 1. Unsanitary or unsafe dwelling accommodations exist in the various cities, towns and counties of the state and that...
- § 36-1403 Powers Of Municipalities
A. Every public housing authority, city, town and county, in addition to other powers conferred by this article, may: 1. Within its area of...
- § 36-1404 Housing Authority; Employees
A. Every city, town or county, in addition to other powers conferred by this article, may, by proper resolution of its governing body, create...
- § 36-1405 Removal Of Commissioner
A. A commissioner may be removed by the mayor or board of supervisors for inefficiency, neglect of duty or misconduct in office. The commissioner...
- § 36-1406 Interest Of Municipal Officer In Project Or Property Prohibited
A. An officer of a public housing authority, city, town or county shall not acquire any direct or indirect interest in a housing project...
- § 36-1407 Eminent Domain
A. A city, town or county may acquire by the exercise of eminent domain any real property which it deems necessary for its purposes...
- § 36-1408 Use Of Revenues; Determining Rentals
It is the policy of the state that each public housing authority, city, town or county shall manage and operate its housing projects in...
- § 36-1409 Rentals And Tenant Selection
A. In the operation or management of housing projects a public housing authority, city, town or county shall at all times observe the following...
- § 36-1409.01 Pets For Elderly Tenants And Tenants With Disabilities; Exceptions; Conditions; Appeal Procedures; Definitions
A. Notwithstanding any other statute, a public agency which owns, operates, manages or contracts for rental housing accommodations shall not prohibit elderly tenants or...
- § 36-1410 Bonds; Issuance; Refunding; Sources Of Payment; Personal Liability; Debt Limitation
A. A public housing authority, city, town or county may issue bonds from time to time to finance in whole or in part the...
- § 36-1411 Form And Sale Of Bonds
A. Bonds of a public housing authority, city, town or county issued under this article shall be authorized by resolution of the governing body...
- § 36-1412 Additional Provisions Of Bonds
In connection with the issuance of bonds pursuant to this article, or the incurring of obligations under leases made pursuant to this article, and...
- § 36-1413 Construction Of Bond Provisions
This article, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds authorized by this...
- § 36-1414 Certification Of Bonds By Attorney General
A. A public housing authority, city, town or county may submit to the attorney general any bonds to be issued under this article after...
- § 36-1415 Housing Bonds As Security Or Legal Investment
A. The bonds or other obligations of a public housing authority, city, town or county issued for a housing project under the authority of...
- § 36-1416 Remedies Of Obligee
An obligee of a city, town or county, in addition to all other rights which may be conferred on him, and subject only to...
- § 36-1417 Power Of Public Body To Provide Additional Remedies To Obligee
A public housing authority, city, town or county may by resolution, trust indenture, lease or other contract confer on any obligee holding or representing...
- § 36-1418 Property Exempt From Execution Sale
A. All real property owned or held by a public housing authority, city, town or county for the purposes of this article are exempt...
- § 36-1419 Payments In Lieu Of Taxes Authorized
A. When a housing project is owned and administered by a housing authority under this article, the housing authority and the city, town or...
- § 36-1420 Acceptance Of Federal Aid
A. In addition to the powers conferred on a political subdivision of this state by other provisions of this article, a public housing authority,...
- § 36-1421 Cooperation Of State Public Body With Housing Project
A. For the purpose of aiding and cooperating in planning, undertaking, constructing or operating housing projects located within the area in which it is...
- § 36-1422 Cooperative Agreements Between Municipalities
Two or more cities, towns or counties, acting directly, or pursuant to this article through their public housing authorities, may join or cooperate in...
- § 36-1423 Bids Required For Construction And Purchases
All items of construction and all purchases of furnishings and equipment made under this article shall be by contract after call for bids.
- § 36-1424 Supplemental Nature Of Article
The powers conferred by this article shall be in addition and supplemental to the powers conferred by any other law.
- § 36-1425 Inconsistencies Of Article With Other Law
Insofar as the provisions of this article are inconsistent with the provisions of any other law, the provisions of this article shall be controlling.
Article 3 Slum Clearance and Redevelopment
- § 36-1471 Definitions
In this article, unless the context otherwise requires: 1. " Area of operation" means the area within the territorial boundaries of the municipality. 2....
- § 36-1472 Legislative Finding And Declaration Of Necessity
It is declared: 1. That there exist in municipalities of the state slum or blighted areas which constitute a serious and growing menace, injurious...
- § 36-1473 Finding Of Necessity By Local Governing Body
A. A municipality shall not exercise any of the powers conferred on municipalities by this article until its local governing body adopts a resolution...
- § 36-1474 Powers Of Municipalities
A. Every municipality shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article, including...
- § 36-1475 Delegation Of Powers Of Municipalities
In undertaking redevelopment projects under this article, every municipality, by resolution of its governing body, may delegate to the slum clearance and redevelopment commission...
- § 36-1476 Slum Clearance And Redevelopment Commission
A. In addition to the other powers conferred by this article a municipality by resolution of its governing body may create a slum clearance...
- § 36-1477 Interest Of Public Officials, Commissioners Or Employees In Project Prohibited
A. A public official of a municipality, commissioner or employee of a housing authority or slum clearance and redevelopment commission to which the powers...
- § 36-1478 Eminent Domain
A. A municipality may acquire by condemnation any interest in real property, including a fee simple title to that real property, that it deems...
- § 36-1479 Preparation And Approval Of Redevelopment Plans
A. A municipality shall not prepare a redevelopment plan for a redevelopment project area unless the local governing body, by resolution, has declared the...
- § 36-1480 Disposal Of Property In Redevelopment Project Area
A. A municipality may sell, lease, exchange or otherwise transfer real property or any interest in the property in a redevelopment project area to...
- § 36-1481 Issuance Of Bonds
A. A municipality may issue bonds in its discretion to finance the undertaking of any redevelopment project under this article, including the payment of...
- § 36-1482 Power Of Municipality To Provide Additional Security For Bonds
A. In connection with the issuance of bonds pursuant to section 36-1481, or the incurring of obligations under leases, and in order to secure...
- § 36-1483 Construction Of Bond Provisions
This article, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds under section 36-1481....
- § 36-1484 Certification Of Bonds By Attorney General
A. Any bonds to be issued under section 36-1481 may be submitted to the attorney general of the state after all proceedings for issuance...
- § 36-1485 Remedies Of Obligee
An obligee of a municipality exercising its powers under this article may, in addition to all other rights which may be conferred on such...
- § 36-1486 Property Exempt From Execution Sale
All property of a municipality, including funds, owned or held by it for the purposes of this article shall be exempt from levy and...
- § 36-1487 Cooperation By Public Bodies
A. For the purpose of aiding in the planning, undertaking or carrying out of a redevelopment project located within the area in which it...
- § 36-1488 Use Of Municipal Revenue Powers To Provide Funds For Project
Every municipality may use its funds for the purposes of aiding in the planning, undertaking or carrying out of a redevelopment project in its...
- § 36-1489 Validity Of Title Received By Purchaser Of Project Property
Any instrument executed by a municipality and purporting to convey any right, title or interest in any property under this article shall be conclusively...
- § 36-1490 Supplemental Nature Of Article
The powers conferred by this article shall be in addition and supplemental to the powers conferred by any other law.
- § 36-1491 Inconsistencies Of Article With Other Law
Insofar as the provisions of this article are inconsistent with the provisions of any other law, the provisions of this article shall be controlling.
Chapter 13 SAFETY
Article 1 Fireworks
- § 36-1601 Definitions
In this article, unless the context otherwise requires: 1. " APA 87-1" means the American pyrotechnics association standard 87-1, standard for construction and approval...
- § 36-1602 Fireworks Prohibited
A. Except as otherwise provided by this article, it is unlawful to sell, offer or expose for sale, use, explode or possess any fireworks....
- § 36-1603 Permit For Public Display
A. Each governing body may adopt reasonable rules and regulations for granting permits for supervised public displays of fireworks within its jurisdiction, by municipalities,...
- § 36-1604 Bond Of Permittee
The governing body shall require each permittee to give a satisfactory bond in a principal amount not less than five hundred dollars, conditioned upon...
- § 36-1605 Permitted Uses; Violations; Civil Penalties
A. This article does not prohibit: 1. The sale at wholesale by a resident wholesaler, dealer or jobber of fireworks that are not prohibited...
- § 36-1606 Consumer Fireworks Regulation; State Preemption; Further Regulation Of Fireworks By Local Jurisdiction
A. The sale and use of permissible consumer fireworks are of statewide concern. The regulation of permissible consumer fireworks pursuant to this article and...
- § 36-1607 Seizure
The Arizona highway patrol or any sheriff or other peace officer shall seize, remove or cause to be removed, at the expense of the...
- § 36-1608 Violation; Civil Penalty; Classification
A. A person violating a provision of this article is subject to a civil penalty of one thousand dollars. B. A person who uses...
- § 36-1609 State Fire Marshal; Adoption Of Code; Sale Of Permissible Consumer Fireworks
A. The state fire marshal shall adopt rules pursuant to title 41, chapter 6 to carry out this article, including a rule that adopts...
- § 36-1610 Prohibited Use Of Fireworks On State Land; Civil Penalty
A. The state fire marshal may impose a civil penalty of one thousand dollars for each incident of prohibited use of fireworks on state...
Article 2 Gas Appliances
Article 2.1 Safety Glazing
- § 36-1631 Definitions
In this article, unless the context otherwise requires: 1. " Hazardous locations" means those structural elements, glazed or to be glazed, in buildings used...
- § 36-1632 Labeling Of Safety Glazing Materials
A. Each light of safety glazing material manufactured, distributed, imported, fabricated or sold for use in a hazardous location, or installed in such a...
- § 36-1633 Installation Of Non‑safety Glazing Materials In Hazardous Location
It shall be unlawful for any material supplier, contractor, subcontractor or any person other than an employee of the foregoing, who is responsible for...
- § 36-1634 Violation; Classification
Any person who knowingly violates any provision of this article is guilty of a class 2 misdemeanor.
- § 36-1635 Local Ordinances
This article does not supersede any city, town or county ordinance which is greater than the standards provided in this article, nor does this...
Article 2.2 Smoke Detectors in Residential Housing
- § 36-1636 Definitions
In this article, unless the context otherwise requires: 1. " Approved smoke detector" means an electronic device powered by batteries or alternating current which...
- § 36-1637 Smoke Detectors; Residential Housing
A. An approved smoke detector shall be installed during construction in each new residential housing unit in this state. An approved smoke detector shall...
- § 36-1638 Local Ordinances
This article does not supersede any city, town or county ordinance which is equal to or greater than the standards prescribed in this article,...
- § 36-1639 Exemptions
This article does not apply to: 1. Manufactured homes as defined in section 41-2142 which were manufactured from and after June 15, 1976. 2....
Article 3 Public Buildings
Article 3.1 Hotels and Motels; Smoke Detectors
- § 36-1645 Definitions
In this article, unless the context otherwise requires: 1. " Approved smoke detector" means an electronic device powered by batteries or alternating current which...
- § 36-1646 Smoke Detectors; Hotels And Motels
An approved smoke detector shall be installed in each guest unit in a motel or hotel which is not equipped with automatic fire extinguishing
- § 36-1647 Local Ordinances
This article does not supersede any city, town or county ordinance which is equal to or greater than the standards prescribed in this article,...
Article 4 Abandoned Refrigerators
Article 5 Injurious Drugs and Substances
Article 6 Lead-Based Paint
- § 36-1672 Local Programs
A. The department is authorized to develop and conduct local programs for the prevention, detection and treatment of lead-based paint poisoning, subject to legislative...
- § 36-1673 Reporting Of Lead Levels
The director shall adopt rules and regulations establishing an effective procedure under which all physicians licensed pursuant to the provisions of title 32, chapter...
- § 36-1674 Prohibited Acts; Classification
A. It shall be unlawful for any person to: 1. Apply lead-based paint to any interior surface of residential housing or a public building...
- § 36-1675 Administration
A. The director may adopt such rules and regulations as may be necessary and feasible to implement the purposes of this article. B. No...
- § 36-1676 Injunction
In addition to the remedies provided in this article, the director, with the assistance of the attorney general, may apply to the superior court...
Article 7 Pool Safety
Article 8 Environmental Exposure Risk Assessment
Chapter 14 HUMAN EGGS
Article 1 General Provisions
Chapter 17 HEARING AID DISPENSERS, AUDIOLOGISTS AND SPEECH-LANGUAGE PATHOLOGISTS
Article 1 Administration
Article 2 Hearing Aid Dispensers
Article 3 Regulation of Hearing Aid Dispensers, Audiologists and Speech-Language Pathologists
Article 4 Audiology and Speech-Language Pathology
Chapter 17 COMMISSION FOR THE DEAF AND THE HARD OF HEARING
Article 1 In General
Article 2 Licensure
Chapter 18 ALCOHOL AND DRUG ABUSE
Article 1 General Provisions
Article 2 Evaluation and Treatment of Persons Impaired by Alcoholism
- § 36-2021 Definitions
(L15, Ch. 276, sec. 6) In this chapter, unless the context otherwise requires: 1. " Alcoholic" means a person who habitually lacks self-control with...
- § 36-2021; Version 2 Definitions
(L15, Ch. 195, sec. 47. Eff. 7/1/16) In this chapter, unless the context otherwise requires: 1. " Administration" means the Arizona health care cost...
- § 36-2022 Establishment Of Facilities
(L86, Ch. 398, sec. 42. Eff. until 7/1/16) A. The division, with the approval of the director, shall develop, encourage and foster statewide, county...
- § 36-2022; Version 2 Establishment Of Facilities
(L15, Ch. 195, sec. 48. Eff. 7/1/16) A. The administration shall develop, encourage and foster statewide, county and local plans and programs for the...
- § 36-2023 Rules
(L01, Ch. 20, sec. 1. Eff. until 7/1/16) A. The department shall adopt and enforce rules to establish standards for approved public and private...
- § 36-2023; Version 2 Rules
(L15, Ch. 195, sec. 49. Eff. 7/1/16) A. The department shall adopt and enforce rules to establish standards for approved public and private treatment...
- § 36-2024 Treatment Of Alcoholics
(L86, Ch. 398, sec. 44. Eff. until 7/1/16) A. An alcoholic may apply for evaluation and treatment directly to any approved public or private...
- § 36-2024; Version 2 Treatment Of Alcoholics
(L15, Ch. 195, sec. 50. Eff. 7/1/16) A. An alcoholic may apply for evaluation and treatment directly to any approved public or private treatment...
- § 36-2025 Treatment And Services For Intoxicated Persons And Persons Incapacitated By Alcohol
A. An intoxicated person may come voluntarily to an approved local alcoholism reception center for emergency alcoholism treatment. B. A person who voluntarily comes...
- § 36-2026 Emergency Admission
(L02, Ch. 60, sec. 1. Eff. until 7/1/16) A. A publicly intoxicated person may be brought by a peace officer or any other person...
- § 36-2026; Version 2 Emergency Admission
(L15, Ch. 195, sec. 51. Eff. 7/1/16) A. A publicly intoxicated person may be brought by a peace officer or any other person to...
- § 36-2027 Evaluation And Treatment Of Persons Charged With A Crime
A. A court may order an evaluation and treatment at an approved treatment facility of a person who is brought before the court and...
- § 36-2028 Payment For Treatment; Financial Ability Of Patient Or Guardian
(L86, Ch. 398, sec. 47. Eff. until 7/1/16) A. A patient being treated by an approved treatment facility or the estate of the patient,...
- § 36-2028; Version 2 Payment For Treatment; Financial Ability Of Patient Or Guardian
(L15, Ch. 195, sec. 52. Eff. 7/1/16) A. A patient who is being treated by an approved treatment facility or the estate of the...
- § 36-2029 Funding Of Facilities; Contracts; Limitations
(L96, Ch. 220, sec. 58. Eff. until 7/1/16) A. The division may use municipal, county, state and federal monies appropriated or otherwise available for...
- § 36-2029; Version 2 Funding Of Facilities; Contracts; Limitations
(L15, Ch. 195, sec. 53. Eff. 7/1/16) A. The administration may use municipal, county, state and federal monies appropriated or otherwise available for the...
- § 36-2030 Immunity From Criminal Or Civil Liability
A peace officer, administrator in charge of an approved treatment facility, or any person who in good faith acts in compliance with this article...
- § 36-2031 Criminal Laws Limitations
A. No county, municipality or other political subdivision may adopt or enforce any local law, ordinance, resolution or rule having the force of law...
Article 3 Drug Detoxification and Maintenance Standards
- § 36-2051 Definitions
(L92, Ch. 301, sec. 38. Eff. until 7/1/16) In this article, unless the context otherwise requires: 1. " Deputy director" means the deputy director...
- § 36-2051; Version 2 Definition Of Federal Act
(L15, Ch. 195, sec. 54. Eff. 7/1/16) In this article, " federal act" means the drug abuse office and treatment act of 1972 and...
- § 36-2052 Designation Of State Agency
(L86, Ch. 398, sec. 50. Eff. until 7/1/16) The division is designated as the state authority for the purposes of exercising authority under the...
- § 36-2052; Version 2 Designation Of State Agency
(L15, Ch. 195, sec. 55. Eff. 7/1/16) The administration is designated as the state authority for the purposes of exercising authority under the federal
Chapter 19 KIDNEY TREATMENT CENTERS
Article 1 General Provisions
Chapter 20 ABORTION
Article 1 General Provisions
Article 2 Abortion Reporting Requirements
Chapter 21 MEDICALLY UNDERSERVED AREAS
Article 1 General Provisions
Chapter 21 EMERGENCY MEDICAL SERVICES
Article 1 General Provisions
- § 36-2201 Definitions
In this chapter, unless the context otherwise requires: 1. " Administrative medical direction" means supervision of emergency medical care technicians by a base hospital...
- § 36-2202 Duties Of The Director; Qualifications Of Medical Director
A. The director shall: 1. Appoint a medical director of the emergency medical services and trauma system. 2. Adopt standards and criteria for the...
- § 36-2202.01 Test Administration
The test for certification or recertification, pursuant to section 36-2202, may be administered by the department or one of the following approved by the...
- § 36-2203 Emergency Medical Services Council; Membership; Delayed Repeal
(Rpld. 1/2/20) A. The emergency medical services council is established. The medical director of the emergency medical services and trauma system shall chair the...
- § 36-2203.01 Medical Direction Commission; Membership; Duties
A. The medical direction commission is established consisting of the following twelve members: 1. The medical director of the emergency medical services and trauma...
- § 36-2204 Medical Control
The medical director of the statewide emergency medical services and trauma system, the emergency medical services council and the medical direction commission shall recommend...
- § 36-2204.01 Emergency Medical Services Providers; Centralized Medical Direction Communications Center
An ambulance service or emergency medical services provider may provide centralized medical direction through a centralized medical direction communications center.
- § 36-2204.02 Emergency Medical Services Providers; Investigations
A. In lieu of the requirements of section 36-2211, the director may authorize an ambulance service or emergency medical services provider to investigate, discipline...
- § 36-2205 Permitted Treatment And Medication; Certification Requirement; Protocols
A. The director, in consultation with the medical director of the emergency medical services and trauma system, the emergency medical services council and the...
- § 36-2206 Immunity; Emergency Instructions
A. Any health care provider licensed or certified to practice in this state who in good faith gives emergency instructions to emergency medical care...
- § 36-2207 Authorization For Political Subdivisions To Participate
Any city, town, county, fire district or health service district of this state may budget for and expend monies for participation in emergency paramedic...
- § 36-2208 Bureau Of Emergency Medical Services And Trauma System
A. There is established within the department a bureau of emergency medical services and trauma system that is responsible for coordinating, establishing and administering...
- § 36-2209 Powers And Duties Of The Director
A. The director shall: 1. Appoint and define the duties and prescribe the terms of employment of all employees of the bureau. 2. Adopt...
- § 36-2210 Local Emergency Medical Services Coordinating Systems
The department shall contract with a local emergency medical services coordinating system that: 1. Conducts needs assessments and plans and coordinates a regional emergency...
- § 36-2211 Grounds For Censure, Probation, Suspension Or Revocation Of Emergency Medical Care Technician Certificate; Proceedings; Civil Penalty; Judicial Review
A. The medical director of the emergency medical services and trauma system, on behalf of the director, may censure or place on probation an...
- § 36-2212 Certificate Of Registration To Operate An Ambulance; Termination On Change In Ownership; Fees; Exemption
A. A person shall not operate an ambulance in this state unless the ambulance has a certificate of registration and complies with this article...
- § 36-2213 Regulation Of Air Ambulance Services
The director shall adopt rules to establish minimum standards for the operation of air ambulance services that are necessary to assure the public health...
- § 36-2214 Air Ambulance Service License
A. A person shall not operate an air ambulance service in this state unless the air ambulance service is licensed and complies with this...
- § 36-2215 Required Insurance Or Financial Responsibility; Denial Or Revocation For Failure To Comply
A. The director shall not issue an air ambulance service license to an ambulance service unless the applicant for the license or the licensee...
- § 36-2216 Prohibited Acts; Classification
A. It is unlawful for any person to operate an ambulance in this state which does not comply with the provisions of this article...
- § 36-2217 Exemption From Regulation
A. This chapter does not apply to: 1. Vehicles used for the emergency transportation of persons injured at an industrial site. 2. Persons engaged...
- § 36-2218 Emergency Medical Services Operating Fund
A. An emergency medical services operating fund is established. The director shall administer the fund. The emergency medical services operating fund shall consist of...
- § 36-2219.01 Medical Services Enhancement Fund
A. A medical services enhancement fund is established consisting of monies collected pursuant to section 12-116.02. The state treasurer shall administer the fund. B....
- § 36-2220 Records; Confidentiality; Definition
A. Information developed, records kept and data collected by the department or a political subdivision of this state for the purpose of administering or...
- § 36-2221 Trauma Center Data; Requirements; Confidentiality; Violation; Classification
A. Trauma centers shall submit to the department a uniform data set for the trauma patient as prescribed by the department. Advanced life support...
- § 36-2222 Trauma Advisory Board; Membership; Compensation; Duties
A. The trauma advisory board is established and consists of the following members: 1. The medical director of the bureau of the emergency medical...
- § 36-2223 Stretcher Vans; Wheelchair Vans; Use; Restrictions
A. A stretcher van may transport a person who: 1. Needs routine transportation to or from a medical appointment or service if that person...
- § 36-2224 Interfacility Transportation Of Patients; Requirements
An ambulance service that transports a patient from a hospital within its certificated area to a hospital outside the certificated area is only required...
- § 36-2225 Statewide Emergency Medical Services And Trauma System; Definitions
A. The department shall develop and administer a statewide emergency medical services and trauma system to implement the Arizona emergency medical services and trauma...
- § 36-2226 Emergency Administration Of Epinephrine By Good Samaritans; Exemption From Civil Liability
A. Notwithstanding any other law, a person may administer epinephrine to another person who is suffering from a severe allergic reaction if the person...
- § 36-2227 Informal Interviews; Request For Information; Nondissemination; Violation; Classification
A. At least thirty days before the date of an informal interview held pursuant to this article or article 2 of this chapter, the...
- § 36-2228 Administration Of Opiate Antagonists; Training; Immunity; Designation By Director
A. Pursuant to a standing order issued by a physician licensed pursuant to title 32, chapter 13 or 17 or a nurse practitioner licensed...
Article 2 Regulation of Ambulances and Ambulance Services
Article 3 Automated External Defibrillators
Chapter 22 PROTECTION OF MINORS
Article 1 In General
- § 36-2271 Consent Of Parents Required For Surgical Procedures Upon Minor; Exception; Classification
A. Except as otherwise provided by law, no person, corporation, association, organization, state-supported institution, or individual employed by any of same may procure, solicit...
- § 36-2272 Consent Of Parent Required For Mental Health Screening Or Treatment Of Minors; Exception; Violation; Classification; Definition
A. Except as otherwise provided by law or a court order, no person, corporation, association, organization or state-supported institution, or any individual employed by...
Article 2 Preserving the Lives of Newborn and Other Children
Chapter 23 PROTECTION OF FETUS OR EMBRYO
Article 1 General Provisions
Article 2 Treatment of Embryos
Chapter 24 MEDICALLY-UNDERSERVED AREA HEALTH SERVICES
Article 1 General Provisions
Chapter 25 HEALTH CARE QUALITY ASSURANCE
Article 1 Health Care Entity Quality Assurance Activities
Chapter 26 NUTRITIONAL SUPPLEMENTS
Article 1 General Provisions
Chapter 27 UNIFORM CONTROLLED SUBSTANCES ACT
Article 1 General Provisions
- § 36-2501 Definitions
A. In this chapter, unless the context otherwise requires: 1. " Board" means the Arizona state board of pharmacy. 2. " Cannabis" means the...
Article 2 Schedules
- § 36-2511 Nomenclature
The controlled substances listed or to be listed in the schedules in sections 36-2512 through 36-2516 are included by whatever official, common, usual, chemical...
- § 36-2512 Substances In Schedule I
A. The following controlled substances, unless specifically excepted, are included in schedule I: 1. Any of the following, including opiates and their isomers, esters,...
- § 36-2513 Substances In Schedule II
A. The following controlled substances, unless specifically excepted, are included in schedule II: 1. Any of the following substances, whether produced directly or indirectly...
- § 36-2514 Substances In Schedule Iii; Definition
A. The following controlled substances, unless specifically excepted, are included in schedule III: 1. Any material, compound, mixture or preparation which contains any quantity...
- § 36-2515 Substances In Schedule IV
A. The following controlled substances, unless specifically excepted, are included in schedule IV: 1. Any material, compound, mixture or preparation that contains any quantity...
- § 36-2516 Substances In Schedule V
The following controlled substances or controlled substance precursors are included in schedule V: 1. Any compound, mixture or preparation containing limited quantities of any...
Article 3 Regulation of Manufacture, Distribution and Dispensing of Controlled Substances
- § 36-2521 Rules
The board may promulgate necessary and reasonable rules relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within...
- § 36-2522 Registration Requirements
A. Every person who manufactures, distributes, dispenses, prescribes or uses for scientific purposes any controlled substance within this state or who proposes to engage...
- § 36-2523 Records Of Registrants; Inspection; Confidentiality
A. Persons registered to manufacture, distribute or dispense controlled substances under this chapter shall keep records and maintain inventories in conformance with the record...
- § 36-2524 Order Forms
Controlled substances in schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with...
- § 36-2525 Prescription Orders; Labels
A. In addition to the requirements of section 32-1968 pertaining to prescription orders for prescription-only drugs, the prescription order for a controlled substance shall...
Article 4 Offenses and Penalties
Article 5 Enforcement and Administration
- § 36-2541 Administrative Inspections And Warrants
A. Issuance and execution of administrative inspection warrants for purposes of this chapter shall be as follows: 1. A judge of a state court...
- § 36-2542 Cooperation Of Agencies
A. The board and department shall cooperate with federal and other state agencies in discharging responsibilities concerning traffic in controlled substances and in suppressing...
- § 36-2543 Review
All final civil determinations, findings and conclusions of the board or the department under this chapter are final and conclusive unless appealed pursuant to...
- § 36-2544 Education; Research; Public Notices
A. The board and department shall cooperate with the department of health services in carrying out educational programs designed to prevent and deter misuse...
Article 6 Miscellaneous
- § 36-2551 Pending Proceedings
All administrative proceedings pending under prior laws which are superseded by this chapter shall be continued and brought to a final determination in accord...
- § 36-2552 Continuation Of Rules
Any orders and rules promulgated under any law affected by this chapter and in effect on the effective date of this chapter and not...
Chapter 28 CONTROLLED SUBSTANCES PRESCRIPTION MONITORING PROGRAM
Article 1 General Provisions
- § 36-2601 Definitions
(L07, Ch. 269, sec. 4. Eff. until 1/1/16) In this article, unless the context otherwise requires: 1. " Board" means the Arizona state board...
- § 36-2601; Version 2 Definitions
(L15, Ch. 46, sec. 2. Eff. 1/1/16) In this article, unless the context otherwise requires: 1. " Board" means the Arizona state board of...
- § 36-2602 Controlled Substances Prescription Monitoring Program; Contracts; Retention And Maintenance Of Records
A. The board shall adopt rules to establish a controlled substances prescription monitoring program. The program shall: 1. Include a computerized central database tracking...
- § 36-2603 Computerized Central Database Tracking System Task Force; Membership
A. The board shall appoint a task force to help it administer the computerized central database tracking system. The chairperson of the board shall...
- § 36-2604 Use And Release Of Confidential Information; Definition
(L14, Ch. 106, sec. 1. Eff. until 1/1/16) A. Except as otherwise provided in this section, prescription information submitted to the board pursuant to...
- § 36-2604; Version 2 Use And Release Of Confidential Information; Definition
(L15, Ch. 46, sec. 3. Eff. 1/1/16) A. Except as otherwise provided in this section, prescription information submitted to the board pursuant to this...
- § 36-2605 Controlled Substances Prescription Monitoring Program Fund
A. The controlled substances prescription monitoring program fund is established consisting of legislative appropriations, transfers pursuant to section 32-1907 and any grants, gifts or...
- § 36-2606 Registration; Requirements
(L07, Ch. 269, sec. 4. Eff. until 1/1/16) A. Beginning November 1, 2007 and pursuant to rules adopted by the board, each medical practitioner...
- § 36-2606; Version 2 Registration; Access; Renewal; Requirements
(L15, Ch. 46, sec. 4. Eff. 1/1/16) A. Beginning November 1, 2007 and pursuant to rules adopted by the board, each medical practitioner who...
- § 36-2607 Disciplinary Action
A. The registrant's professional licensing board may revoke or suspend a registrant's registration or may place the registrant on probation for any of the...
- § 36-2608 Reporting Requirements; Waiver; Exceptions
A. If a medical practitioner dispenses a controlled substance listed in section 36-2513, 36-2514 or 36-2515, or if a prescription for a controlled substance...
- § 36-2609 Use Of Information; Civil Immunity
A. An individual or entity that complies with the reporting requirements of section 36-2608 is not subject to civil liability or other civil relief...
- § 36-2610 Prohibited Acts; Violation; Classification
A. A person who is subject to this article and who fails to report required information pursuant to section 36-2608 is guilty of a...
- § 36-2611 Program Termination
(Rpld. 1/1/16) The program established by this chapter ends on July 1, 2017 pursuant to section 41-3102.
- § 36-2801 Definitions
(Caution: 1998 Prop. 105 applies) In this chapter, unless the context otherwise requires: 1. " Allowable amount of marijuana" (a) With respect to a...
- § 36-2801.01 Addition Of Debilitating Medical Conditions
(Caution: 1998 Prop. 105 applies) The public may petition the department to add debilitating medical conditions or treatments to the list of debilitating medical...
- § 36-2802 Arizona Medical Marijuana Act; Limitations
(Caution: 1998 Prop. 105 applies) This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil,...
- § 36-2803 Rulemaking
(Caution: 1998 Prop. 105 applies) A. Not later than one hundred twenty days after the effective date of this chapter, the department shall adopt...
- § 36-2804 Registration And Certification Of Nonprofit Medical Marijuana Dispensaries
(Caution: 1998 Prop. 105 applies) A. Nonprofit medical marijuana dispensaries shall register with the department. B. Not later than ninety days after receiving an...
- § 36-2804.01 Registration Of Nonprofit Medical Marijuana Dispensary Agents; Notices; Civil Penalty; Classification
(Caution: 1998 Prop. 105 applies) A. A nonprofit medical marijuana dispensary agent shall be registered with the department before volunteering or working at a...
- § 36-2804.02 Registration Of Qualifying Patients And Designated Caregivers
(Caution: 1998 Prop. 105 applies) A. A qualifying patient may apply to the department for a registry identification card by submitting: 1. Written certification...
- § 36-2804.03 Issuance Of Registry Identification Cards
(Caution: 1998 Prop. 105 applies) A. Except as provided in subsection B and in section 36-2804.05, the department shall: 1. Verify the information contained...
- § 36-2804.04 Registry Identification Cards
(Caution: 1998 Prop. 105 applies) A. Registry identification cards for qualifying patients and designated caregivers shall contain all of the following: 1. Name, address...
- § 36-2804.05 Denial Of Registry Identification Card
(Caution: 1998 Prop. 105 applies) A. The department may deny an application or renewal of a qualifying patient's registry identification card only if the...
- § 36-2804.06 Expiration And Renewal Of Registry Identification Cards And Registration Certificates; Replacement
(Caution: 1998 Prop. 105 applies) A. All registry identification cards and registration certificates expire one year after date of issue. B. A registry identification...
- § 36-2805 Facility Restrictions
(Caution: 1998 Prop. 105 applies) A. Any nursing care institution, hospice, assisted living center, assisted living facility, assisted living home, residential care institution, adult...
- § 36-2806 Registered Nonprofit Medical Marijuana Dispensaries; Requirements
(Caution: 1998 Prop. 105 applies) A. A registered nonprofit medical marijuana dispensary shall be operated on a not-for-profit basis. The bylaws of a registered...
- § 36-2806.01 Dispensary Locations
(Caution: 1998 Prop. 105 applies) Cities, towns and counties may enact reasonable zoning regulations that limit the use of land for registered nonprofit medical...
- § 36-2806.02 Dispensing Marijuana For Medical Use
(Caution: 1998 Prop. 105 applies) A. Before marijuana may be dispensed to a registered designated caregiver or a registered qualifying patient, a nonprofit medical...
- § 36-2807 Verification System
(Caution: 1998 Prop. 105 applies) A. Within one hundred twenty days of the effective date of this chapter, the department shall establish a secure,...
- § 36-2808 Notifications To Department; Civil Penalty
(Caution: 1998 Prop. 105 applies) A. A registered qualifying patient shall notify the department within ten days of any change in the registered qualifying...
- § 36-2809 Annual Report
(Caution: 1998 Prop. 105 applies) The department shall submit to the legislature an annual report that does not disclose any identifying information about cardholders,...
- § 36-2810 Confidentiality
(Caution: 1998 Prop 105 applies) A. The following information received and records kept by the department for purposes of administering this chapter are confidential,...
- § 36-2811 Presumption Of Medical Use Of Marijuana; Protections; Civil Penalty
(Caution: 1998 Prop. 105 applies) A. There is a presumption that a qualifying patient or designated caregiver is engaged in the medical use of...
- § 36-2813 Discrimination Prohibited
(Caution: 1998 Prop. 105 applies) A. No school or landlord may refuse to enroll or lease to and may not otherwise penalize a person...
- § 36-2814 Acts Not Required; Acts Not Prohibited
(Caution: 1998 Prop. 105 applies) A. Nothing in this chapter requires: 1. A government medical assistance program, a private health insurer or a workers'...
- § 36-2815 Revocation
(Caution: 1998 Prop. 105 applies) A. The department shall immediately revoke the registry identification card of a nonprofit medical marijuana dispensary agent who violates...
- § 36-2816 Violations; Civil Penalty; Classification
(Caution: 1998 Prop. 105 applies) A. A registered qualifying patient may not directly, or through his designated caregiver, obtain more than two-and-one-half ounces of...
- § 36-2817 Medical Marijuana Fund; Private Donations
(Caution: 1998 Prop. 105 applies) A. The medical marijuana fund is established consisting of fees collected, civil penalties imposed and private donations received under...
- § 36-2818 Enforcement Of This Act; Mandamus
(Caution: 1998 Prop. 105 applies) A. If the department fails to adopt regulations to implement this chapter within one hundred twenty days of the...
- § 36-2819 Fingerprinting Requirements
(Caution: 1998 Prop. 105 applies) Each person applying as a designated caregiver, a principal officer, agent or employee of a nonprofit medical marijuana dispensary...
Chapter 29 ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION
Article 1 Arizona Health Care Cost Containment System
- § 36-2901 Definitions
(L14, 2SS, Ch. 1, sec. 110. Eff. until 7/1/16) In this article, unless the context otherwise requires: 1. " Administration" means the Arizona health...
- § 36-2901; Version 2 Definitions
(L15, Ch. 195, sec. 56. Eff. 7/1/16) In this article, unless the context otherwise requires: 1. " Administration" means the Arizona health care cost...
- § 36-2901.01 Additional Definition Of Eligibility For The Arizona Health Care Cost Containment System; Enforcement; Private Right Of Action
(Caution: 1998 Prop. 105 Applies) A. For the purposes of section 36-2901, " eligible person" includes any person who has an income level that,...
- § 36-2901.02 Arizona Tobacco Litigation Settlement Fund; Nonlapsing
(Caution: 1998 Prop 105 Applies) A. The Arizona tobacco litigation settlement fund is established consisting of all monies that this state receives pursuant to...
- § 36-2901.03 Federal Poverty Program; Eligibility
A. The administration shall adopt rules for a streamlined eligibility determination process for any person who applies to be an eligible person as defined...
- § 36-2901.04 Medical Expense Deduction Eligibility Process
A. The administration shall adopt rules for a streamlined medical expense deduction eligibility process to determine eligibility for any person who applies to be...
- § 36-2901.05 Breast And Cervical Cancer Treatment; Additional Definition Of Eligibility
A. For the purposes of this article, beginning January 1, 2002, " eligible person" includes a person who meets all of the following requirements:...
- § 36-2901.06 Capitation Rate Adjustments; Limitation
Capitation rate adjustments shall be limited to utilization of existing services and inflation unless policy changes, including creation or expansion of programs, have been...
- § 36-2901.07 Definition Of Eligible Person; Conditional Eligibility
(Conditionally Rpld.) A. Beginning January 1, 2014, for the purposes of section 36-2901, " eligible person" includes a person who is eligible pursuant to...
- § 36-2901.08 Hospital Assessment
(Conditionally Rpld.) A. The director shall establish, administer and collect an assessment on hospital revenues, discharges or bed days for the purpose of funding...
- § 36-2901.09 Hospital Assessment Fund
A. The hospital assessment fund is established consisting of monies collected pursuant to section 36-2901.08. The director shall administer the fund. B. The director...
- § 36-2902 Arizona Health Care Cost Containment System Administration; Director; Compensation
A. There is established the Arizona health care cost containment system administration. B. The administration shall be administered by a director appointed by the...
- § 36-2902.01 Advisory Council On Indian Health Care; Membership; Compensation; Meetings
A. The advisory council on Indian health care is established consisting of the following members: 1. Twenty members appointed by the governor. Each Arizona...
- § 36-2902.02 Advisory Council On Indian Health Care; Duties
A. The advisory council on Indian health care shall: 1. Hire and employ a director who shall hire and employ staff, subject to legislative...
- § 36-2903 Arizona Health Care Cost Containment System; Administrator; Powers And Duties Of Director And Administrator; Exemption From Attorney General Representation; Definition
A. The Arizona health care cost containment system is established consisting of contracts with contractors for the provision of hospitalization and medical care coverage...
- § 36-2903.01 Additional Powers And Duties; Report; Definition
A. The director of the Arizona health care cost containment system administration may adopt rules that provide that the system may withhold or forfeit...
- § 36-2903.02 Quality Of Health Care Monitoring Standard; Development; Adoption; Use; Additional Monitoring; Costs
A. The administration shall develop by rule a standard for contractors to use to monitor the quality of health care received by members. Each...
- § 36-2903.03 United States Citizenship And Qualified Alien Requirements For Eligibility; Report; Definition
A. A person who is applying for eligibility under this chapter shall provide verification of United States citizenship or documented verification of qualified alien...
- § 36-2903.04 Prior Wards Of The State; Eligibility Determination
The administration shall determine the eligibility of any eligible person as defined in section 36-2901, paragraph 6, subdivision (a), item (iii) and shall redetermine...
- § 36-2903.05 Uniform Application And Eligibility Process
A. The director shall adopt rules to prescribe a uniform application and eligibility process for participants in the premium sharing program, the children's health...
- § 36-2903.06 Cooperation With Arizona‑mexico Commission
The administration shall cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and...
- § 36-2903.07 Trauma And Emergency Services Fund
(Caution: 1998 Prop. 105 applies) A. The trauma and emergency services fund is established consisting of monies deposited pursuant to section 5-601.02(H)(3)(b)(ii) and interest...
- § 36-2903.08 Ahcccs Uncompensated Care; Hospital Assessment; Reports
A. On or before October 1, 2014, and annually thereafter, the Arizona health care cost containment system administration shall report to the speaker of...
- § 36-2903.09 Waivers; Annual Submittal; Definitions
A. On or before March 30 of each year, the director shall apply to the centers for medicare and medicaid services for waivers or...
- § 36-2903.10 Ahcccs Contractors; Prescription Monitoring; Controlled Substances; Review
A. A contractor shall intervene if a member has ten or more prescriptions for controlled substances within a three-month period. B. A contractor shall...
- § 36-2903.11 Ahcccs Contractors; Emergency Department Use
A. A contractor shall intervene if a member inappropriately seeks care at a hospital emergency department four times or more in a six-month period...
- § 36-2904 Prepaid Capitation Coverage; Requirements; Long‑term Care; Dispute Resolution; Award Of Contracts; Notification; Report
A. The administration may expend public funds appropriated for the purposes of this article and shall execute prepaid capitated health services contracts, pursuant to...
- § 36-2905 Removal Of Medicaid Special Exemption For Payments To Contractors; Civil Penalty
A. Notwithstanding any other law, beginning on October 1, 2003, each contractor shall pay to the director of the department of insurance a tax...
- § 36-2905.01 Inpatient Hospital Reimbursement Program; Large Counties
A. Notwithstanding any other law, beginning on October 1, 2003, pursuant to this chapter the administration shall establish and operate a program for inpatient...
- § 36-2905.02 Inpatient Reimbursement; Rural Hospitals; Definition
A. If monies are appropriated for rural hospitals, the Arizona health care cost containment system administration shall request the centers for medicare and medicaid...
- § 36-2905.04 Eligibility By Fraud; Penalties; Enforcement; Classification
A. A person shall not provide or cause to be provided false or fraudulent information to the state as part of an application for...
- § 36-2905.06 Finger Imaging; Requirements; Exemption
A. To prevent multiple enrollment for services provided by the system, the administration shall work with the department of economic security to expand that...
- § 36-2905.07 Recipients Of Pharmaceutical Benefits; Finger Imaging Program; Program Termination
A. Subject to legislative appropriation and available federal matching monies, the administration shall fully implement a point of service finger imaging program for all...
- § 36-2905.08 Nicotine Replacement Therapies; Tobacco Use Medications
A. Notwithstanding section 36-2989, for contract years beginning October 1, 2008, the administration may expend monies to provide nicotine replacement therapies and tobacco use...
- § 36-2906 Qualified Plan Health Services Contracts; Proposals; Administration
A. The administration shall: 1. Supervise the administrator. 2. Review the proposals. 3. Award contracts. B. The director shall prepare and issue a request...
- § 36-2906.01 Qualified Commercial Carriers; Administration; Contracts
A. Entities, including insurers as defined in section 20-104, hospital, medical, dental and optometric service corporations defined in title 20, chapter 4, article 3...
- § 36-2907 Covered Health And Medical Services; Modifications; Related Delivery Of Service Requirements; Definition
(L15, Ch. 264, sec. 1) A. Subject to the limitations and exclusions specified in this section, contractors shall provide the following medically necessary health...
- § 36-2907; Version 2 Covered Health And Medical Services; Modifications; Related Delivery Of Service Requirements; Definition
(L15, Ch. 195, sec. 57. Eff. 7/1/16) A. Subject to the limitations and exclusions specified in this section, contractors shall provide the following medically...
- § 36-2907.01 Eosinophilic Gastrointestinal Disorder; Formula
A. Any coverage that is offered by a contractor providing services to persons eligible pursuant to section 36-2901 and that contains a prescription drug...
- § 36-2907.02 Benchmark Benefit Package
A. The administration shall establish a benchmark benefit package pursuant to section 6044 of the deficit reduction act of 2005 and section 1937 of...
- § 36-2907.04 Family Planning Services
A woman whose eligibility under section 36-2901, paragraph 6, subdivision (a), item (ii) ended no earlier than March 1, 1995 and who is not...
- § 36-2907.05 Primary Care Programs; Definition
A. Subject to the availability of monies, the administration shall enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 with...
- § 36-2907.06 Qualifying Community Health Centers; Contracts; Requirements; Definition
(Conditionally Rpld.) A. Subject to the availability of monies, the administration shall enter into an intergovernmental agreement pursuant to title 11, chapter 7, article...
- § 36-2907.07 Tobacco Tax Program Evaluations
A. Subject to the availability of monies, the administration may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 to...
- § 36-2907.08 Basic Children's Medical Services Program; Definition
(Conditionally Rpld.) A. Beginning on October 1, 1996, the basic children's medical services program is established to provide grants to hospitals that exclusively serve...
- § 36-2907.09 Direct Service Contracts; Reporting
(Conditionally Rpld.) The director of the department of health services shall provide to the legislature the following information for services provided pursuant to sections...
- § 36-2907.10 Transplants; Extended Eligibility
A. If during a redetermination process for eligibility pursuant to this article a person who is enrolled and who is eligible pursuant to this...
- § 36-2907.11 Retaining Transplant Status
A. If during a redetermination process for eligibility pursuant to this article a person who is eligible for a medically necessary and appropriate transplant...
- § 36-2907.12 Transplants; Tobacco Tax Allocation
Subject to the availability of monies in the medically needy account established by section 36-774, the administration shall withdraw the amount necessary to pay...
- § 36-2907.13 Arizona Health Care Cost Containment System; Teledentistry
In addition to services provided pursuant to section 36-2907, subsection A, paragraph 7, the Arizona health care cost containment system administration shall implement teledentistry...
- § 36-2908 Provision Of Emergency And Specialty Services; Reimbursement
A. Subject to the provisions of section 36-2909, services provided to members under this article who have been determined eligible but who have not...
- § 36-2909 Emergency Hospital Services; Retroactive Coverage; Costs
A. If a member receives emergency hospitalization and medical care on or after the date of eligibility determination or the eligibility effective date from...
- § 36-2910 Notification To System Of Nonemergency Services
A. Except as otherwise specifically provided by this article, the system is financially responsible for only the costs of care provided by contractors to...
- § 36-2911 Payment Of Monthly Premiums
A. The administration shall pay medicare part B premiums pursuant to federal law for and on behalf of a member who is eligible pursuant...
- § 36-2912 Children's Rehabilitative Services Program; Definition
A. The administration shall: 1. Establish a children's rehabilitative services program for children who have a chronic illness or physical disability and shall develop,...
- § 36-2913 Systems Funds; Funding
A. The Arizona health care cost containment system fund, long-term care system fund and the third-party liability and recovery audit fund are established. The...
- § 36-2914 Medical Care Consortiums; Lawful Trade Practices
Notwithstanding title 44, chapter 10, article 1, actions taken by providers, potential providers, contractors and other bidders in specific accordance with this article in...
- § 36-2915 Lien Of Administration On Damages Recovered By Injured Person; Perfection, Recording, Assignment And Notice Of Lien
A. The administration is entitled to a lien for the charges for hospital or medical care and treatment of an injured person for which...
- § 36-2916 Release Of Claim By Injured Person Ineffective As To System; Action To Enforce Lien; Release Of Lien
A. A release of a claim on which a lien is imposed pursuant to section 36-2915 is not valid or effective as against the...
- § 36-2917 Review Committees; Immunity; Confidentiality; Definition
A. Any person who, in good faith and without malice and in connection with duties or functions of a review committee of the system,...
- § 36-2918 Prohibited Acts; Penalties; Subpoena Power
A. A person may not present or cause to be presented to this state or to a contractor: 1. A claim for a medical...
- § 36-2918.01 Duty To Report Fraud Or Abuse; Immunity
A. All contractors, subcontracted providers of care and noncontracting providers shall notify the director or the director's designee immediately in a written report of...
- § 36-2919 Absence Of Federal Financial Participation; Effect On System Operation
If at any time federal monies as described in section 36-2903.01, subsection B, paragraph 5 are denied, not renewed or become unavailable for any...
- § 36-2920 Monthly Financial Report
A. The director shall submit a monthly report to the president of the senate and the speaker of the house of representatives of the...
- § 36-2921 Hospital Loan Program; Residencies; Fund; Program Termination
A. The administration shall establish a hospital loan program to fund start-up and ongoing costs for residency programs in accredited hospitals. B. Hospitals receiving...
- § 36-2922 Medical Services Stabilization Fund; Definition
A. Subject to the availability of monies as prescribed in section 36-2921, the medical services stabilization fund is established. The administration shall administer the...
- § 36-2923 Insurer Claims Data Reporting Requirements; Administration As Payor Of Last Resort; Report; Definition
A. A health care insurer shall: 1. Provide all enrollment information necessary to determine the time period in which a person who is defined...
- § 36-2924 Child Care And Ahcccs Joint Program
The department of economic security and the Arizona health care cost containment system administration shall establish and, as provided in the empower waiver, maintain...
- § 36-2925 Information System; Administrative Services; Agreements With Other States; Report
A. Notwithstanding any other law, the administration may enter into an agreement with other states to design, develop, install and operate an information system...
- § 36-2926 Use Of Cost Savings; Preparation Of Budget Recommendations; Cooperation Of Other Agencies
A. The administration shall use the cost savings generated from agreements entered into pursuant to section 36-2925 to supplement monies that are appropriated by...
- § 36-2927 Intergovernmental Service Fund; Funding
A. The intergovernmental service fund is established. The administration shall administer the fund as a continuing appropriation. On notice from the administration, the state...
- § 36-2928 Budget Neutrality Compliance Fund; Nonlapsing
A. The budget neutrality compliance fund is established consisting of third party liability recoveries pursuant to section 36-2913, county contributions deposited pursuant to section...
- § 36-2929 Services To Persons With Disabilities; Eligibility; Premiums
A. Subject to the approval of the centers for medicare and medicaid services, beginning on January 1, 2002, the Arizona health care cost containment...
- § 36-2930 Prescription Drug Rebate Fund; Exemption; Definition
A. The prescription drug rebate fund is established consisting of prescription drug rebate collections, interest from prescription drug rebate late payments and federal monies...
- § 36-2930.01 Members; Missed Medical Appointments; Fee; Provider Remedy
If a member misses a scheduled appointment with a physician or primary care practitioner who provides medical services pursuant to this article without canceling...
Article 2 Arizona Long-Term Care System
- § 36-2931 Definitions
In this article, unless the context otherwise requires: 1. " Administration" means the Arizona health care cost containment system administration. 2. " Capitation rate"...
- § 36-2932 Arizona Long‑term Care System; Powers And Duties Of The Director; Expenditure Limitation
A. The Arizona long-term care system is established. The system includes the management and delivery of hospitalization, medical care, institutional services and home and...
- § 36-2933 Eligibility Determination; Application; Enrollment
A. A person who is seeking services pursuant to this article shall submit an application for eligibility for the system to the administration which...
- § 36-2934 Eligibility Criteria; Qualifications For Coverage; Liquidation Of Assets
A. A person meets the eligibility criteria of this article and the section 1115 waiver if the person satisfies one of the following: 1....
- § 36-2934.01 Creation Of Trusts; Eligibility For The System; Share Of Cost
A. The administration has sole authority to qualify any trusts that are created pursuant to section 1917(d)(4)(A), (B) and (C) of the social security...
- § 36-2934.02 Financial Instruments; Eligibility For The System
A. The administration has sole authority to determine the effect of annuities, promissory notes, loan agreements and related financial instruments on a person's eligibility...
- § 36-2935 Estate Recovery Program; Liens
A. The director shall adopt rules in accordance with state and federal law to allow the administration to file a claim against a member's...
- § 36-2936 Preadmission Screening Programs; Functional Tests; Screening Review
A. The director shall adopt rules establishing a uniform statewide preadmission screening program to determine if a person who has met the eligibility criteria...
- § 36-2937 Effective Date Of Program Contractor's Responsibility
A. If a person is eligible for services under article 1 of this chapter, the provider with whom the member is enrolled under article...
- § 36-2938 Case Management; Definition
A. The director shall adopt rules establishing a uniform statewide case management program to ensure the most appropriate placement and cost effective delivery of...
- § 36-2939 Long‑term Care System Services
A. The following services shall be provided by the program contractors to members determined to need institutional services pursuant to this article: 1. Nursing...
- § 36-2940 Program Contractors; Annual Plan
A. The administration shall contract with the program contractors pursuant to this section or section 36-2944 using a contract as prescribed by the director....
- § 36-2941 Establishment Of Capitation Rates
A. The administration shall establish capitation rates based on an actuarial study for the department. The capitation rate shall be based on the estimated...
- § 36-2942 Payments To The Department
For program contractors pursuant to section 36-2940: 1. The administration shall make at least monthly capitation payments to the department consisting of a portion...
- § 36-2943 Provider Subcontracts; Hospital Reimbursement
A. Subcontracts for services rendered by providers pursuant to section 36-2940 shall be awarded through competitive statewide proposals in as nearly the same manner...
- § 36-2944 Qualified Plan Health Service Contracts; Proposals; Administration; Contract Terms
A. For each county that has a population of four hundred thousand persons or less according to the most recent United States decennial census...
- § 36-2944.01 Removal Of Medicaid Special Exemption For Payments To Program Contractors; Civil Penalty
A. Notwithstanding any other law, beginning on October 1, 2003, each program contractor shall pay to the director of the department of insurance a...
- § 36-2945 Provision Of Services Without Contract; Requirements
A. If there is an insufficient number of qualified bids in a county pursuant to section 36-2944, or for those members not enrolled with...
- § 36-2946 Coordination Of Benefits; Third Party Payments
A. The administration shall coordinate benefits provided under this article to a member so that any costs for services payable by the system are...
- § 36-2947 Program Contractors; Additional Responsibilities
A. Program contractors shall establish and submit to the director for the director's approval utilization control systems comprised of prior authorization, concurrent review and...
- § 36-2948 Prohibited Collection Practices
On oral or written notice from the member or person that the member or person believes the claims to be covered by the system,...
- § 36-2949 Exemption From Insurance Law
To the extent that services are provided pursuant to this article, a provider or program contractor is not subject to the provisions of title
- § 36-2950 Services To Persons With Disabilities; Eligibility; Premiums
A. Subject to the approval of the centers for medicare and medicaid services, beginning on January 1, 2002, the Arizona health care cost containment...
- § 36-2951 Self-Directed Attendant Care Services; Rules; Definition
A. Notwithstanding any law to the contrary, a person enrolled in the Arizona long-term care system may employ another person to provide self-directed attendant...
- § 36-2952 County Or Special Health Care District Long‑term Care System Fund; Uniform Accounting
A. Each county or special health care district that is a program contractor pursuant to section 36-2940 shall establish and maintain a county or...
- § 36-2953 Department Long‑term Care System Fund; Uniform Accounting
A. The department shall establish and maintain a department long-term care system fund, which is a separate fund to distinguish its revenues and its...
- § 36-2954 Erroneous Eligibility Determination; State Liability
If the director determines through the grievance and appeal procedure pursuant to a grievance or appeal filed by an applicant that the administration made...
- § 36-2955 Inappropriate Services; Federal Sanctions
A. Notwithstanding section 36-2940, the director shall adopt rules which provide that the administration shall withhold or forfeit capitation payments to the program contractor...
- § 36-2956 Liens On Damages For Injuries; Notification
A. The administration is entitled to a lien for the charges for hospital, medical or long-term care and treatment of an injured person for...
- § 36-2957 Prohibited Acts; Penalties
A. No person may present or cause to be presented to the administration or to a program contractor: 1. A claim for an item...
- § 36-2958 Absence Of Federal Financial Participation; Effect On System Operation
If at any time federal monies as described in section 36-2932, subsection I, paragraph 2 are denied, not renewed or become unavailable for any...
- § 36-2959 Reimbursement Rates; Capitation Rates; Annual Review
A. The department shall contract with an independent consulting firm for an annual study of the adequacy and appropriateness of title XIX reimbursement rates...
- § 36-2960 Persons With Developmental Disabilities; Cost‑effective Study Rate; Report
The department shall annually determine the cost-effective study rate for persons receiving developmental disability services pursuant to chapter 5.1 of this title and provide...
Article 3 Qualified Medicare Beneficiary
Article 4 Children's Health Insurance Program
- § 36-2981 Definitions
In this article, unless the context otherwise requires: 1. " Administration" means the Arizona health care cost containment system administration. 2. " Contractor" means...
- § 36-2982 Children's Health Insurance Program; Administration; Nonentitlement; Enrollment Limitation; Eligibility
A. The children's health insurance program is established for children who are eligible pursuant to section 36-2981, paragraph 6. The administration shall administer the...
- § 36-2983 Eligibility For The Program
A. The administration shall establish a streamlined eligibility process for applicants to the program and shall issue a certificate of eligibility at the time...
- § 36-2985 Enrollment Cap; Program Termination; Spending Limitation
A. If the director determines that monies may be insufficient for the program the director shall immediately notify the governor, the president of the...
- § 36-2986 Administration; Powers And Duties Of Director
A. The director has full operational authority to adopt rules or to use the appropriate rules adopted for article 1 of this chapter to...
- § 36-2987 Reimbursement For The Program
A. For inpatient hospital services, the administration shall reimburse the Indian health service or a tribal facility based on the reimbursement rates for the...
- § 36-2988 Delivery Of Services; Health Plans; Requirements
A. To the extent possible, the administration shall use contractors that have a contract with the administration pursuant to article 1 of this chapter...
- § 36-2989 Covered Health And Medical Services; Modifications; Related Delivery Of Service Requirements
(L11, Ch. 13, sec. 2. Eff. until 7/1/16) A. Except as provided in this section, health and medical services prescribed in section 36-2907 are...
- § 36-2989; Version 2 Covered Health And Medical Services; Modifications; Related Delivery Of Service Requirements
(L15, Ch. 195, sec. 58. Eff. 7/1/16) A. Except as provided in this section, health and medical services prescribed in section 36-2907 are covered...
- § 36-2990 Quality Of Health Care Monitoring Standard; Development; Adoption; Use; Additional Monitoring; Costs
A. The administration shall develop standards of care that each contractor shall use to monitor the quality of health care received by members. B....
- § 36-2991 Fraud; Penalties; Enforcement; Violation; Classification
A. A person shall not provide or cause to be provided false or fraudulent information on an application for eligibility pursuant to this article....
- § 36-2992 Duty To Report Fraud Or Abuse; Immunity; Unprofessional Conduct
A. All contractors and noncontracting providers shall advise the director or the director's designee immediately in a written report of any cases of suspected...
- § 36-2993 Prohibited Acts; Penalties
A. A person shall not present or cause to be presented to this state or to a contractor: 1. A claim for a medical...
- § 36-2994 Monthly Financial Report
A. The director shall include in the monthly report submitted to the president of the senate and the speaker of the house of representatives...
- § 36-2995 Children's Health Insurance Program Fund; Sources Of Monies; Use; Reversion; Claims
A. The children's health insurance program fund is established. The administration shall administer the fund and shall use fund monies to pay administrative and...
- § 36-2998 Qualifying Plans
A. A qualifying plan, as defined in section 36-2981, may elect to participate in the children's health insurance program established pursuant to this article,...
Article 5 Comprehensive Care for the Elderly Program
Article 6 Nursing Facility Provider Assessments
Chapter 30 SHELTERS FOR DOMESTIC VIOLENCE VICTIMS
Article 1 General Provisions
- § 36-3001 Definitions
In this chapter, unless the context otherwise requires: 1. " Administration" means the community services administration in the department of economic security. 2. "...
- § 36-3002 Domestic Violence Shelter Fund; Purpose
A. The domestic violence shelter fund is established consisting of monies received pursuant to section 12-116.06, section 12-284.03, subsection A, paragraph 2 and section...
- § 36-3003 Acceptance Of Grants And Gifts
The program administrator may accept and expend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of...
- § 36-3004 Application For Fund Monies; Eligibility; Payments; Limitation; Evaluation
A. A shelter for victims of domestic violence may apply to the program administrator for monies to fund the shelter. A shelter shall apply...
- § 36-3005 Shelter Requirements For Eligibility
A. To be eligible to receive fund monies under this chapter a shelter shall: 1. Provide crisis interventions and advocacy and support services for...
- § 36-3006 Priorities For Allocating Fund Monies
A. If the program administrator receives applications from more than one eligible shelter, and the requests for fund monies exceed the amount of fund...
- § 36-3007 Annual Report
A. The department of economic security shall file an annual report with the governor, the speaker of the house of representatives and the president...
- § 36-3008 Shelters For Victims Of Domestic Violence; Personnel; Fingerprinting
A. Employees and volunteers of a shelter for victims of domestic violence, as defined in section 36-3001, shall have valid fingerprint clearance cards that...
- § 36-3009 Disclosing Location Of Shelters; Prohibition; Civil Penalty
A. Information that may disclose the location or address of a shelter for victims of domestic violence is confidential and is not subject to...
Chapter 32 LIVING WILLS AND HEALTH CARE DIRECTIVES
Article 1 General Provisions
Article 2 Health Care Power of Attorney
Article 3 Surrogate Decision Makers
Article 4 Prehospital Medical Care Directives
Article 5 Living Will
Article 6 Mental Health Care Power of Attorney
- § 36-3281 Mental Health Care Power Of Attorney; Scope; Definition
A. An adult, known as the principal, pursuant to section 36-3282 may designate another adult or adults, known as the agent, to act as...
- § 36-3282 Execution Requirements
A. To be valid, a mental health care power of attorney shall: 1. Be executed by a principal who is not incapable, as defined...
- § 36-3283 Powers And Duties Of An Agent
A. An agent may make mental health care decisions for the principal while the principal is incapable, as defined in section 36-3281. B. Except...
- § 36-3284 Operation Of Mental Health Care Power Of Attorney; Admission For Evaluation And Treatment By Agent; Duties Of Physician Or Mental Health Care Provider
A. A mental health care power of attorney is effective when it is executed and remains in effect until it is revoked by the...
- § 36-3285 Revocation; Disqualification Of Agent
A. Unless limited by the express authority in the document, a principal even if incapable, as defined in section 36-3281, may revoke all or...
- § 36-3286 Sample Mental Health Care Power Of Attorney
A person may use any writing that meets the requirements of sections 36-3281 and 36-3282 to create a mental health care power of attorney....
- § 36-3287 Surrogate; Mental Health Care Power Of Attorney
The provisions of this chapter that relate to the powers and duties of surrogates apply to a mental health care power of attorney.
Article 7 Health Care Directives Registry
Chapter 34 DIVISION OF BEHAVIORAL HEALTH
Article 1 General Provisions
- § 36-3401 Definitions
(L94, Ch. 229, sec. 1. Eff. until 7/1/16) In this chapter, unless the context otherwise requires: 1. " Advisory council" means the Arizona state...
- § 36-3401; Version 2 Definitions
(L15, Ch. 195, sec. 60. Eff. 7/1/16) In this chapter, unless the context otherwise requires: 1. " Administration" means the Arizona health care cost...
- § 36-3402 Division Of Behavioral Health; Deputy Director; Appointment; Search Committee; Compensation
(Rpld. 7/1/16) A. Notwithstanding the provisions of section 36-103, the division of behavioral health is established in the department of health services. B. The...
- § 36-3403 Powers And Duties Of The Deputy Director; Study; Capitation Rates
(L06, Ch. 331, sec. 12. Eff. until 7/1/16) A. The deputy director may, on approval of the director: 1. Employ professional, secretarial and clerical...
- § 36-3403; Version 2 Powers And Duties Of The Director; Study; Capitation Rates
(L15, Ch. 195, sec. 62. Eff. 7/1/16) A. In addition to the powers and duties prescribed in chapter 29 of this title, in carrying...
- § 36-3404 Department Budget For The Division Of Behavioral Health; Funds
(L96, Ch. 287, sec. 5. Eff. until 7/1/16) A. The department budget for the division shall include all information on potential availability of other...
- § 36-3404; Version 2 Administration Budget For Behavioral Health; Funds
(L15, Ch. 195, sec. 63. Eff. 7/1/16) A. The administration shall present a budget request that includes all information on the potential availability of...
- § 36-3405 Division Annual Report; Monthly Report
(L14, Ch. 215, sec. 155. Eff. until 7/1/16) A. By January 1 of each year, the director shall submit a financial and programmatic report...
- § 36-3405; Version 2 Annual Report; Reports
(L15, Ch. 195, sec. 64. Eff. 7/1/16) A. On or before January 1 of each year, the director shall submit a financial and programmatic...
- § 36-3406 Arizona State Advisory Council On The Seriously Mentally Ill; Membership; Compensation; Duties
(L92, Ch. 301, sec. 53. Eff. until 7/1/16) A. The Arizona state advisory council on the seriously mentally ill is established. B. The advisory...
- § 36-3406; Version 2 Arizona State Advisory Council On The Seriously Mentally Ill; Membership; Compensation; Duties
(L15, Ch. 195, sec. 65. Eff. 7/1/16) A. The Arizona state advisory council on the seriously mentally ill is established. B. The advisory council...
- § 36-3407 Services; Contract
(L92, Ch. 301, sec. 54. Eff. until 7/1/16) The division shall contract for the provision of the following services relating to the seriously mentally...
- § 36-3407; Version 2 Services; Contract
(L15, Ch. 195, sec. 66. Eff. 7/1/16) The administration shall contract for the provision of the following services relating to the seriously mentally ill:...
- § 36-3408 Eligibility For Behavioral Health Service System; Screening Process; Required Information
(L10, 7SS, Ch. 10, sec. 11 & L10, 2R, Ch. 232, sec. 8. Eff. until 7/1/16) A. Any person or the person's parent or...
- § 36-3408; Version 2 Eligibility For Behavioral Health Service System; Screening Process; Required Information
(L15, Ch. 195, sec. 67. Eff. 7/1/16) A. Any person or the person's parent or legal guardian who requests behavioral health services pursuant to...
- § 36-3409 Fee Requirements; Fee Schedules
(L94, Ch. 229, sec. 3. Eff. until 7/1/16) A. Clients eligible for non title XIX services from the department shall be required to pay...
- § 36-3409; Version 2 Fee Requirements; Fee Schedules
(L15, Ch. 195, sec. 68. Eff. 7/1/16) A. Clients who are eligible for nontitle XIX services from the administration shall be required to pay...
- § 36-3410 Regional Behavioral Health Authorities; Contracts; Monthly Summaries; Inspection; Copying Fee; Children's Behavioral Health And Seriously Mentally Ill Services
(L07, Ch. 263, sec. 14. Eff. until 7/1/16) A. If the department contracts with behavioral health contractors which would act as regional behavioral health...
- § 36-3410; Version 2 Regional Behavioral Health Authorities; Contracts; Monthly Summaries; Inspection; Copying Fee; Children's Behavioral Health And Seriously Mentally Ill Services
(L15, Ch. 195, sec. 69. Eff. 7/1/16) A. If the administration contracts with behavioral health contractors that would act as regional behavioral health authorities...
- § 36-3411 Behavioral Health Services; Timely Reimbursement; Penalties
(L12, Ch. 122, sec. 15. Eff. until 7/1/16) A. The division shall ensure that behavioral health service providers are reimbursed within ninety days after...
- § 36-3411; Version 2 Behavioral Health Services; Timely Reimbursement; Penalties
(L15, Ch. 195, sec. 70. Eff. 7/1/16) A. The administration shall ensure that behavioral health service providers are reimbursed within ninety days after the...
- § 36-3412 Contracts; Regional Behavioral Health Authorities; Financial Security
(L94, Ch. 229, sec. 6. Eff. until 7/1/16) A. In order to be considered eligible for a contract award, an offeror seeking to become...
- § 36-3412; Version 2 Contracts; Regional Behavioral Health Authorities
(L15, Ch. 195, sec. 72. Eff. 7/1/16) A. The director shall prepare and issue a request for proposals for behavioral health services consistent with...
- § 36-3413 Grievance And Appeal Process
(L01, Ch. 60, sec. 2. Eff. until 7/1/16) A. The department shall require all regional behavioral health authorities to establish and implement a grievance...
- § 36-3413; Version 2 Grievance And Appeal Process
(L15, Ch. 195, sec. 73. Eff. 7/1/16) A. The administration shall require all regional behavioral health authorities to establish and implement a grievance and...
- § 36-3414 Medically Needy Account Monies
(Rpld. 7/1/16) A. Subject to the availability of monies as prescribed in section 36-2921, the Arizona health care cost containment system administration shall enter...
- § 36-3415 Behavioral Health Expenditures; Annual Report
(L14, Ch. 11, sec. 6. Eff. until 7/1/16) Beginning October 1, 2013, the department of health services shall report annually to the joint legislative...
- § 36-3415; Version 2 Behavioral Health Expenditures; Annual Report
(L15, Ch. 195, sec. 75. Eff. 7/1/16) The administration shall report annually to the joint legislative budget committee on each fiscal year's medicaid and...
Article 3 Comprehensive Behavioral Health Service System for Children
- § 36-3431 Comprehensive Behavioral Health Service System For Children; Division Duties
(L88, Ch. 315, sec. 2. Eff. until 7/1/16) A. The division shall develop and implement a comprehensive behavioral health service system for children which...
- § 36-3431; Version 2 Comprehensive Behavioral Health Service System For Children; Administration Duties
(L15, Ch. 195, sec. 76. Eff. 7/1/16) A. The administration shall develop and implement a comprehensive behavioral health service system for children that includes...
- § 36-3432 System Report
(L88, Ch. 315, sec. 2. Eff. until 7/1/16) The division shall develop a plan for each fiscal year identifying the services, the estimated number...
- § 36-3432; Version 2 System Plan; Annual Report
(L15, Ch. 195, sec. 77. Eff. 7/1/16) The administration shall develop a plan for each fiscal year identifying the services, the estimated number of...
- § 36-3433 Annual Budget; Request And Allocation
(L90, Ch. 403, sec. 8. Eff. until 7/1/16) A. The department shall annually include in its budget request a separate appropriations request for the...
- § 36-3433; Version 2 Annual Budget; Request And Allocation
(L15, Ch. 195, sec 78. Eff. 7/1/16) A. The administration shall annually include in its budget request a separate appropriations request for the comprehensive...
- § 36-3434 Current Service Delivery System; Continuation
(L14, 2SS, Ch. 1, sec. 114. Eff. until 7/1/16) Nothing in this article relieves the state department of corrections, the department of economic security,...
- § 36-3434; Version 2 Current Service Delivery System; Continuation
(L15, Ch. 195, sec. 79. Eff. 7/1/16) Nothing in this article relieves the state department of corrections, the department of economic security, the department...
- § 36-3435 Intergovernmental Agreement; Needs And Resources Assessment; Funding And Service Delivery Plan; Definition
(L14, 2SS, Ch. 1, sec. 115. Eff. until 7/1/16) A. Pursuant to section 11-952 the department of health services, the department of child safety,...
- § 36-3435; Version 2 Intergovernmental Agreement; Needs And Resources Assessment; Funding And Service Delivery Plan; Definition
(L15, Ch. 195, sec. 80. Eff. 7/1/16) A. Pursuant to section 11-952, the administration, the department of child safety, the state department of corrections,...
Chapter 35 CHILD FATALITIES
Article 1 General Provisions
- § 36-3501 Child Fatality Review Team; Membership; Duties
(L14, 2SS, Ch. 1, sec. 116. Eff. until 7/1/16) A. The child fatality review team is established in the department of health services. The...
- § 36-3501; Version 2 Child Fatality Review Team; Membership; Duties
(L15, Ch. 195, sec. 81. Eff. 7/1/16) A. The child fatality review team is established in the department of health services. The team is...
- § 36-3502 Local Teams; Membership; Duties
A. If local child fatality teams are organized, they shall abide by the standards and protocol for local child fatality review teams developed by...
- § 36-3503 Access To Information; Confidentiality; Violation; Classification
A. On request of the chairperson of a state or local team and as necessary to carry out the team's duties, the chairperson shall...
- § 36-3504 Child Fatality Review Fund
A. The child fatality review fund is established consisting of appropriations, monies received pursuant to section 36-342, subsection E and gifts, grants and donations...
- § 36-3505 Protocols
A. The department of health services shall establish protocols for death scene investigations of apparent natural infant deaths. In developing the protocols the department...
- § 36-3506 Infant Death Investigation Checklist
A. A law enforcement officer who in the regular course of duty investigates an unexplained infant death shall complete an infant death investigation checklist...
Article 2 Crib Safety
- § 36-3521 Definitions
In this article, unless the context otherwise requires: 1. " Commercial user" means a person who deals in cribs or who claims to have...
- § 36-3522 Unsafe Cribs; Design Characteristics; Violation; Classification
A. A commercial user shall not knowingly remanufacture, retrofit, lease, sublease, sell or otherwise place in the stream of commerce a crib that is...
- § 36-3523 Injunctions
A person may apply for a temporary restraining order or preliminary or permanent injunction from the superior court to enjoin the remanufacturing, retrofitting, leasing,...
Chapter 36 TELEMEDICINE
Article 1 General Provisions
Chapter 36 TELEDENTISTRY
Article 1 General Provisions
Chapter 37 SEXUALLY VIOLENT PERSONS
Article 1 General Provisions
Chapter 38 HEALTH INFORMATION ORGANIZATIONS
Article 1 General Provisions
Chapter 39 CHILDREN'S CAMPS
Article 1 General Provisions
- § 36-3901 Definition
A. " Children's camp" means any land with permanent buildings, tents or other structures established or maintained as living quarters where both food and...
- § 36-3902 Application For License; Issuance; Posting
A. The department of health services is authorized and directed to issue licenses for the operation of children's camps: No children's camp shall be...
- § 36-3903 License Fee
A. The fee for a children's camp license issued by the department of health services shall be one hundred dollars for the first license...
- § 36-3904 Location
Every children's camp shall be located on well-drained ground near an adequate safe water supply.
- § 36-3905 Layout
The general layout of a children's camp shall be planned to lessen fire, accident and disease hazards.
- § 36-3906 Water Supply
A. Every children's camp shall be provided with a water supply of sufficient quantity to provide a minimum of five gallons per person per...
- § 36-3907 Toilets And Disposal Systems
Every camp shall be provided with privies or with suitable toilets and with disposal systems meeting minimum health requirements of the department of environmental...
- § 36-3908 Food Service Permits
A children's camp shall obtain a food service permit pursuant to the requirements of title 36.
- § 36-3909 Drainage
In every children's camp all kitchen, toilet, bath and other drainage shall be disposed of in such manner as to prevent fly and mosquito...
- § 36-3910 Inspection Of Camps; Revocation Of License
A. The department of health services shall make an annual inspection of each children's camp and where upon inspection it is found that there...
- § 36-3911 Exemption Of Contract Employees From Limitations On Hours Of Labor
Any person employed by a children's camp on a written contract basis for a specified term longer than one week shall be exempt from...
- § 36-3912 Violation; Classification
Any person who violates any provision of this article is guilty of a petty offense.
- § 36-3913 Exception
The provisions of this chapter shall not apply to children's camps which are regulated by an existing ordinance of any city or town.
- § 36-3914 Limitations
Nothing in this chapter shall be interpreted to limit the powers and duties of the department of health services.
- § 36-3915 Delegation Of Powers
The department of health services may delegate powers and duties provided pursuant to this chapter to a county health department of the county in...
Last modified: October 13, 2016