Chapter 1 STATE AND LOCAL BOARDS AND DEPARTMENTS OF HEALTH
Article 1 Department of Health Services
36-101 Definitions
36-102 Department of health services; director; appointment; compensation
36-103 Department organization; deputy director; assistant directors
36-103.01 Governmental units succeeded; statutory references to succeeded governmental units
36-104 Powers and duties
36-105 Information; state‑federal cooperation
36-106 Acquisition of lands and buildings
36-107 Power to promulgate rules concerning confidential nature of records
36-108 Indirect cost fund; use; exemption
36-108.01 Department of health services intergovernmental agreement/county contributions fund; annual report
36-109 Advisory health council; special purpose councils
36-110 County or district liaison; duties
36-111 Hearings and appeals
36-112 Umbilical cord blood; information pamphlet; distribution; health care institution responsibilities; definition
36-114 Limitation upon authority to impose treatment
36-115 Promulgation of rules
36-117 Services for licensing agencies; costs
36-118 Director’s seal; authentication of records
36-119 Breast and cervical cancer screening and diagnostic special plate fund
36-120 Multiple sclerosis awareness fund
36-121 Childhood cancer and rare childhood disease research fund
Article 1.1 Uniform Reporting
36-125.04 Financial statements; uniform accounting report; exemption
36-125.05 Uniform patient reporting system; statistical and demographic reports; exemption
36-125.06 Comparative report; brochure
36-125.07 Uniform billing; third party payors; exception; definitions
36-126 Violation; civil penalties
Article 2 Department of Health Services; Additional Functions
36-131 Definitions
36-132 Department of health services; functions; contracts
36-133 Chronic disease surveillance system; confidentiality; immunity; violation; classification
36-134 Asbestosis and mesothelioma
36-135 Child immunization reporting system; requirements; access; confidentiality; immunity; violation; classification; definitions
36-136 Powers and duties of director; compensation of personnel
36-136.01 Sanitarians council; members; powers; fees; examinations; continuing education; exceptions; renewal; definition
36-137 Annual report of director
36-138 Oral health fund; nonlapsing
36-139 Fees
36-140 Violation; classification
36-141 Authority to contract and pay for alcohol and drug abuse services; services to pregnant women; priority
36-142 Prostate cancer task force; membership; duties; program termination
36-143 Care and treatment for residents twenty‑one and older with cystic fibrosis; costs
Article 2.1 Home Health Services by State and County
36-151 Definitions
36-152 Authority to provide services; fees
36-153 Authority to contract for services and fees
36-154 Limitation of authority regarding services and fees
36-155 Personnel and equipment
36-156 Home health services and related supportive services; coordination and development; consultation; powers and duties of director
36-157 County authority to provide services; fees
36-158 Authority to receive funds; disbursement
36-159 Authorized court action to collect fees
36-160 Confidentiality of records; unauthorized disclosures unlawful; classification
Article 4 Local Health Departments
36-181 Definitions
36-182 Establishment of local health departments or public health services district; powers; expenditures; plan for local health departments
36-183 Boards of health of local health departments; membership; terms
36-183.01 County hospital under board of health or hospital board; powers and duties
36-183.02 Sanitary regulations; notice
36-183.03 Maintaining unsanitary premises; violation; classification
36-183.04 Notice of violation; civil penalties; administrative hearings
36-183.05 Violations; injunctive relief; civil penalties; consent decrees
36-183.06 Health inspectors; violations; notice to appear
36-183.07 Violation; classification
36-184 Boards of health of local health departments; organization; meetings; powers and duties
36-185 Local department of health funds
36-186 Director of county health department; powers and duties
36-187 County treasurer as treasurer of local departments of health; duties; collection of fees
36-188 Abolishment of other health agencies by establishment of county health department or public health services district
36-189 State participation in establishment and maintenance of local health departments and local health services
36-190 Participation of incorporated cities and towns in health services
36-191 Violation; classification
Article 5 Advisory Committee
36-195 Establishment of advisory committee by authorized local agency
36-196 Duties and responsibilities
Chapter 2 STATE HEALTH INSTITUTIONS AND AGENCIES
Article 1 Arizona State Hospital
36-201 Definitions
36-202 State hospital for the mentally disordered; official name; purpose; facilities and equipment
36-202.01 Admission of juveniles to state hospital
36-203 Persons with intellectual disabilities assigned to state hospital; duties of division
36-204 Duties of deputy director
36-205 Superintendent of state hospital; appointment; qualifications; compensation; chief medical officer
36-206 Duties of superintendent; deputy director; clinical assessment
36-207 Fingerprinting requirements; definition
36-208 Employees; compensation
36-209 Reports by superintendent and deputy director
36-210 Expenditures
36-211 Income from land rentals and permanent funds
36-212 Maximum security area required
36-213 Store and canteen; deposit
36-214 Arizona state hospital; private operation
36-215 State hospital revolving fund; nonreversion
36-217 Arizona state hospital advisory board; membership; organization; powers and duties; annual report
Article 2 State Laboratory
36-251 State laboratory
36-252 Chief of state laboratory; appointment; qualifications
36-253 Chief of state laboratory; powers and duties
36-254 Evidentiary effect of certificate of chief of state laboratory
36-255 Reports by laboratory chief
Article 3 Children’s Rehabilitative Services
36-260 Definitions
36-261 Powers and duties; expenditure limitation
36-261.01 Joint bids; lawful trade practices
36-262 Central statewide information and referral service for chronically ill children or children with physical disabilities
36-263 Eligibility for children’s rehabilitative services
36-264 Coordination of benefits; third party payments; definition
Article 4 Biomedical Research
36-271 Definitions
36-272 Biomedical research commission; members; terms; appointment; compensation; meetings
36-273 Powers and duties
36-274 Disease control research fund; lapsing; investment
36-275 Health research fund
Chapter 3 VITAL RECORDS AND PUBLIC HEALTH STATISTICS
Article 1 General Provisions
36-301 Definitions
36-302 System of vital records; powers and duties of the state registrar
36-303 System of public health statistics; powers and duties of the department
Article 2 Registration Officials
36-311 Appointment and removal of local registrars and deputy local registrars
36-312 Local registrars and deputy local registrars; powers and duties
36-313 Deputy local registrars; compensation
Article 3 Death Registration and Birth Registration Certificate Requirements
36-321 Information required for a certificate
36-322 Sealing a certificate
36-323 Amending registered certificates: corrections
36-324 Vital records; copies; access
36-325 Death certificate registration; moving human remains; immunity
36-325.01 Delayed death certificate registration
36-326 Disposition-transit permits
36-327 Disinterment‑reinterment permit
36-328 Registration of a death certificate for a foreign presumptive death
36-329 Fetal death certificate registration
36-329.01 Delayed fetal death certificate registration
36-330 Certificate of birth resulting in stillbirth; requirements
36-330.01 Delayed registration of certificate of birth resulting in stillbirth
36-331 Duties of persons in charge of place of disposition
36-332 Notification of death to responsible person and release of human remains
36-333 Birth certificate registration
36-333.01 Late birth certificate registration
36-333.02 Delayed birth certificate registration
36-333.03 Record of birth; petition; requirements; notice; court order; definition
36-334 Determining maternity and paternity for birth certificates
36-335 Birth registration for foundlings
36-336 Adoption certificate
36-337 Amending birth certificates
36-338 Certificates of foreign birth for adoptees
36-339 Missing children; notification; flagging birth certificate records; definitions
Article 4 Fees and Vital Record Information
36-341 Fees received by state and local registrars
36-341.01 Vital records electronic systems fund; purpose; nonlapsing
36-342 Disclosure of information; prohibition
36-343 Duty to provide information to the state registrar
36-344 Violation; classification
36-345 Effect of registration
Article 5 Preserving and Archiving Vital Records
36-351 Duties of the director; Arizona state library, archives and public records
Chapter 4 HEALTH CARE INSTITUTIONS
Article 1 General Provisions
36-401 Definitions; adult foster care
36-402 Exemptions
36-403 Licensure by counties and municipalities
36-404 Limitation of disclosure of information
36-405 Powers and duties of the director
36-405.01 Health screening services; violation; classification
36-406 Powers and duties of the department
36-407 Prohibited acts
36-408 Required reports from health care institutions
36-409 Certification, licensure and monitoring of long‑term care facilities, facilities and services
36-410 County standards and guidelines; delegation
36-411 Residential care institutions; home health agencies; fingerprinting; definitions
36-412 Nursing care institutions; employment
36-413 Nutrition and feeding assistants; training programs; regulation; civil penalty; definition
36-414 Health services licensing fund; exemption
36-415 Breast density mammography results; notification
Article 2 License Provisions
36-421 Application for construction or modification
36-422 Application for license; notification of proposed change in status; joint licenses; definitions
36-423 Hemodialysis technicians; minimum requirements; definition
36-424 Inspections; suspension or revocation of license; report to board of examiners of nursing care institution administrators
36-425 Inspections; issuance of license; posting of deficiencies; provisional license; denial of license
36-425.01 Home health agencies; licensure; definition
36-425.02 Nursing care institutions; quality rating; issuance of license
36-425.03 Children’s behavioral health programs; personnel; fingerprinting; definitions
36-426 Hospital providers of extended care services
36-427 Suspension or revocation; intermediate sanctions
36-428 Hearings by the director
36-429 Removal of licensee; temporary management continued operation
36-430 Unlicensed operation prohibited; injunction
36-431 Violation; classification
36-431.01 Violations; civil penalties
36-431.02 Nursing care institution resident protection revolving fund; use; nonreversion
36-432 Urgent care centers; posting requirements
36-433 Receipt of report and complaint; investigation
36-434 Outdoor behavioral health care programs; licensing requirements; inspections
Article 2.1 Hospital Staff Privileges
36-435 Staff privileges for podiatrists
Article 3 Review of Rates, Rules and Regulations
36-436 Filing and review of rates and rules as prerequisite to operation
36-436.01 Rate schedules; printing and posting requirements; outpatient treatment centers; posting and filing requirements
36-436.02 Increases of rates or charges; filing
36-436.03 Public availability of rates and charges
36-437 Health care facilities; charges; public availability; direct payment; notice; definitions
Article 4 Health Care Utilization Review
36-441 Health care utilization committees; immunity; exception; definition
Article 5 Review of Certain Health Care Practices
36-445 Review of certain medical practices
36-445.01 Confidentiality of information; conditions of disclosure
36-445.02 Immunity relating to review of medical practices
36-445.03 Limitation of publication; identity of patient confidential
36-445.04 Freestanding urgent care center incident reporting; confidentiality requirement
Article 6 Licensing of Nursing Care Institution Administrators and Certification of Assisted Living Facilities Managers
36-446 Definitions
36-446.01 Licensure or certification requirements
36-446.02 Board of examiners; terms; meetings; quorum; effect of vacancies; compensation
36-446.03 Powers and duties of the board; fees
36-446.04 Qualifications; period of validity; exemption
36-446.05 Reciprocity; present administrators
36-446.06 Temporary licenses and certificates
36-446.07 Disciplinary actions; grounds for disciplinary action; renewal; continuing education; inactive status; hearings; settlement; judicial review; admission by default; military members
36-446.08 Nursing care institution administrators’ licensing and assisted living facility managers’ certification fund; investment of fund monies
36-446.09 Violations; classification
36-446.10 Confidentiality of records; release of complainant’s name and nature of complaint
36-446.11 Relief from civil liability
36-446.12 Fees
36-446.13 Unlawful act; unlicensed operation; injunction
Article 7 Nursing Care Institutions
36-447.01 Nursing care institutions; notification of services; screening; annual reviews
36-447.02 Nursing care institutions; therapeutic substitutions
Article 9 Recovery Care Centers
36-448.51 Definitions
36-448.52 Recovery care centers; licensure
36-448.53 Recovery care centers; administration; bylaws; administrator; duties; notification
36-448.54 Admission of patients
36-448.55 Medical staff; requirements; nursing care
Article 10 Abortion Clinics
36-449.01 Definitions
36-449.02 Abortion clinics; licensure requirements; rules; inspections; standing to intervene; legal counsel
36-449.03 Abortion clinics; rules; civil penalties
Article 11 Patient Safety Reporting and Nonretaliatory Policies
36-450 Definitions
36-450.01 Reporting procedures
36-450.02 Nonretaliatory policy
Chapter 4.1 CLINICAL LABORATORIES
Article 1 Administration
36-451 Definitions
36-452 Administration
Article 2 Licensure and Regulation of Clinical Laboratories
36-461 Exceptions to this article
36-462 License requirements; training and consultation
36-463 Licensure of laboratories located outside of a health care institution; application; issuance; display; expiration; renewal
36-463.01 Licensure of laboratories located in a health care institution
36-463.02 Inspections; exemptions; disciplinary action
36-464 Fees; deposit
36-465 Clinical laboratory licensure advisory committee; department rules; interpretive guidelines
36-466 Advisory committee on clinical laboratories; membership; duties; definition
36-467 Reports by laboratories
36-469 Civil penalties
36-470 Examination of specimens; written requests; reports of results; retention of test records
36-471 Persons authorized to collect human specimens or blood
36-472 Rebates, fee‑splitting and solicitation of referrals prohibited
36-472.01 Billing for laboratory costs; definition
36-473 Grounds for denial, suspension or revocation of license
36-474 Investigation of complaints; notice of hearing
36-476 License surrender; certification
36-478 Injunction
36-479 Violations; classification
Chapter 4.2 ARIZONA HEALTH FACILITIES AUTHORITY
Article 1 General Provisions
36-481 Definitions
36-482 Establishment of authority
36-483 Governing board; members; appointment; qualifications; terms; officers; meetings; compensation
36-484 Board members’ bond
36-485 Powers of board
36-486 Costs of operation and administration of authority; taxation
Article 2 Bond Provisions
36-491 Issuance of bonds
36-491.01 Monies of institution
36-491.02 Additional powers of authority
36-491.03 Agreements
36-491.04 No abrogation of rights
36-491.05 Bonds as legal investments
36-491.06 Bond obligations of the authority
36-491.07 Supplemental law; governmental activities
Chapter 4.3 ENVIRONMENTAL LABORATORIES
Article 1 General Provisions
36-495 Definitions
36-495.01 Licensure program; rules
36-495.02 Exemptions
36-495.03 License application; issuance; expiration
36-495.04 Laboratory director; duties
36-495.05 Provisional licenses
36-495.06 Fees
36-495.07 Inspection; investigations
36-495.08 Reports by laboratories
36-495.09 Suspension, revocation or denial of license; hearing
36-495.10 Operation of unlicensed laboratory; cease and desist order; injunction; letter
36-495.11 Violation; classification
36-495.12 Violations; civil penalties
36-495.13 Powers of the director
36-495.14 Out‑of‑state laboratories; licensure; reciprocity
36-495.15 Environmental laboratory licensure revolving fund; use
36-495.16 Environmental laboratory advisory committee; membership; duties; compensation
Chapter 5 MENTAL HEALTH SERVICES
Article 1 General Provisions
36-501 Definitions
36-502 Powers and duties of deputy director; rules for standards, forms, administration, admission and transfer; expenditure limitation
36-503 Medical director of evaluation agency or mental health treatment agency; deputy
36-503.01 Duty of attorney general or county attorney
36-503.02 Serious mental illness services fund; program termination
36-503.03 Civil commitment treatment population; cap
Article 2 Patient’s Civil and Legal Rights
36-504 Notice of patient’s rights; notification to family
36-505 Rights at hearing
36-506 Civil rights not impaired; discrimination prohibited
36-507 Patient’s rights to privacy and to personal possessions
36-508 Disposition of patient’s personal property
36-509; Version 2 Confidential records; immunity
36-509 Confidential records; immunity
36-510 Patient’s compensation for work
36-511 Quality of treatment
36-512 Emergency medical care
36-513 Seclusion; restraint; treatment
36-514 Visitation; telephone; correspondence; religious freedom
36-515 Limitation of liability; false application; classification
36-516 Violation of person’s rights
36-517 Cruelty to mentally disordered person; classification
36-517.01 Review of decisions regarding release of treatment information; notice; appeal; immunity
36-517.02 Limitation of liability; exception; discharge of duty; immunity for disclosure
Article 3 Voluntary Admissions
36-518 Application for voluntary admission; admission to agency; minors; transportation
36-518.01 Case review of voluntary admission of minor
36-519 Discharge of voluntary patients
Article 4 Court-Ordered Evaluation
36-520 Application for evaluation; definition
36-521 Preparation of petition for court‑ordered evaluation; procedures for prepetition screening
36-522 Voluntary evaluation
36-523 Petition for evaluation
36-524 Application for emergency admission for evaluation; requirements
36-525 Apprehension and transportation by peace officers; immunity
36-526 Emergency admission; examination; petition for court‑ordered evaluation
36-527 Discharge and release; relief from civil liability
36-528 Emergency patients; duties of agency; notification of family member; right to counsel
36-529 Order for evaluation; order for detention; hearing
36-530 Evaluation and treatment
36-531 Evaluation; possible dispositions; release
Article 5 Court-Ordered Treatment
36-533 Petition for treatment
36-534 Change to voluntary status; discharge
36-535 Detention of proposed patient; time of hearing; released patient; intervention by division
36-536 Service of petition; counsel for proposed patient; notice
36-537 Powers and duties of counsel
36-538 Independent evaluator
36-539 Conduct of hearing; record; transcript
36-540; Version 2 Court options
36-540 Court options
36-540.01 Conditional outpatient treatment
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
36-541 Mandatory local treatment
36-541.01 Release or discharge from treatment before expiration of period ordered by court; notification of intent to release or discharge; hearing
36-542 Discharge of patient at expiration of period ordered by court; change to voluntary status; relief from civil liability
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
36-544 Unauthorized absences; violation; classification; tolling period; hearing
Article 6 Costs and Services
36-545 Voluntary admissions to the state hospital; reimbursements; indigents
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
36-545.02 State hospital reimbursements; disposition of funds
36-545.03 Payment of costs and expenses by person hospitalized in private or voluntary nonprofit facility
36-545.04 Costs of court proceedings; compensation for evaluation and testimony
36-545.05 Charges for treatment given by agencies under department contract; charges for prepetition screening and court‑ordered evaluation prohibited
36-545.06 County services
36-545.07 Contracts between the division and screening agencies, evaluation agencies and mental health treatment agencies; services; plan
36-545.08 Arizona state hospital fund; purpose
36-545.09 Building renewal fund; purpose
Article 7 Judicial Review
36-546 Judicial review; right to be informed; request; jurisdiction
36-546.01 Expedited appeal to the court of appeals
Article 9 Hospitalization in a Federal Facility
36-548 Court‑ordered treatment by the United States department of veterans affairs or other agency of the United States
Article 10 Community Mental Health Residential Treatment System
36-550 Definitions
36-550.01 Statewide plan for community residential treatment
36-550.02 County responsibilities in statewide planning process
36-550.03 Statewide plan implementation; contract requirements; exception
36-550.04 Evaluation system; contract requirements
36-550.05 Community mental health residential treatment services and facilities; prevention services
36-550.06 Client eligibility
36-550.07 Community residential treatment system planning grants
36-550.08 Clients’ rights
Chapter 5.1 STATE DEPARTMENT OF DEVELOPMENTAL DISABILITIES
Article 1 Administration and Regulation
36-551 Definitions
36-551.01 Persons with developmental disabilities; rights guaranteed
36-552 Developmental disabilities function; expenditure limitation
36-553 Developmental disabilities advisory council; membership; duties
36-554 Powers and duties of director
36-555 Coordination of programs by department with special education programs
36-556 Coordination with division of behavioral health; duties of department
36-557 Community developmental disability services; service providers
36-558 Establishment and maintenance of programs and services; definition
36-558.01 Operation, support and supervision of foster homes; duties of department
36-558.02 State operated service center
36-559 Eligibility for developmental disabilities programs, services and facilities
36-560 Admission
36-561 Prohibiting certain treatment or drugs; use of aversive stimuli
36-562 Schedule of financial contribution; review of payment order
36-563 Review and appeal; hearing
36-564 Guardianship
36-565 Periodic evaluations of persons with developmental disabilities
36-566 Request for termination from a state facility, program or service
36-567 Music therapists; minimum qualifications; definition
36-568.01 Confidentiality of records
36-568.02 Confidentiality of health information
36-569 Prohibitions; violations; classification
36-571 Developmental disabilities fund; disbursement; federal monies
36-572 Client developmental disability services trust fund; donation account
36-574 Children’s autism services; contract
Article 2 Developmental Disabilities
36-581 Definitions
36-582 Residential facilities; zoning; notice; appeal
Article 3 Licensing and Monitoring of Community Residential Settings
36-591 Adult developmental homes; child developmental foster homes; secure facilities; licensing; applicability
36-592 Adult developmental homes; child developmental foster homes; secure facilities; license application; investigation and operation
36-593 Adult developmental homes; child developmental foster homes; secure facilities; provisional licenses
36-594 Denial, suspension or revocation of license
36-594.01 Fingerprinting of contract providers and home and community based service providers
36-594.02 Fingerprinting of adult developmental home licensees and child developmental foster home licensees
36-595 Programmatic and contractual monitoring; deemed status
36-595.01 Access to facilities
36-595.02 Investigation of complaints
36-595.03 Secure facilities; annual review; definition
Article 4 Third Party Liability Program
36-596 Coordination of benefits; third party payments; definition
36-596.01 Liens; perfection; recording; assignment; notice of lien; compromise
Article 5 Family Support
36-596.51 Definitions
36-596.52 Family support program; administration
36-596.53 Payor of last resort
36-596.54 Family support vouchers and subsidies
36-596.55 Community based services
36-596.56 Eligibility; program plans; burial arrangements
36-596.57 Admission; legislative appropriation; exception
Chapter 6 PUBLIC HEALTH CONTROL
Article 1 Health Menaces
36-601 Public nuisances dangerous to public health
36-601.01 Smoke-free Arizona act
36-602 Abatement of nuisances, sources of filth and causes of sickness; civil penalty; property assessment; procedure
36-603 Right to enter premises for inspection or abatement
36-604 Health menace near military encampments; classification
36-605 Common towel or drinking cup provided in public place; classification
36-606 Pesticide illness; medical education; reports
Article 2 Contagious Diseases
36-621 Report of contagious diseases
36-622 Report by hotel keepers of contagious diseases
36-623 Report by physician of death from contagious disease
36-624 Quarantine and sanitary measures to prevent contagion
36-626 Disinfection or destruction of contaminated bedding and other articles
36-627 Temporary hospitals for persons with contagious disease
36-628 Provision for care of persons afflicted with contagious disease; expenses
36-630 Violation; classification
36-631 Person with contagious or infectious disease exposing himself to public; classification; exception
Article 3 Industrial Sanitation
36-641 Lavatories, change and bath facilities required; obscene pictures or writing prohibited; violation; classification
Article 4 Communicable Disease Information
36-661 Definitions
36-662 Access to records
36-663 HIV‑related testing; restrictions; exceptions
36-664 Confidentiality; exceptions
36-665 Order for disclosure of communicable disease related information
36-666 Violation; classification; immunity
36-667 Civil penalty
36-668 Private right of action
36-669 Human immunodeficiency testing of prisoners
Article 4.1 School Immunization
36-671 Definitions
36-672 Immunizations; department rules
36-673 Duties of local health departments; immunization; reimbursement; training; informed consent
36-674 Providing proof of immunization
Article 5 Maternal and Child Health
36-691 Acceptance of congressional act relating to maternal and child health
36-692 Standards for county participation
36-693 Blood tests required; pregnant women; umbilical cord at delivery; definition
36-694 Report of blood tests; newborn screening program; committee; fee; definitions
36-694.01 Newborn screening program fund; use; nonlapsing
36-695 Acceptance of congressional act relating to the supplemental security income to children with disabilities program
36-697 Health start program; administration
36-698 Arizona children and families resource directory; distribution
36-699 Folic acid supplements; distribution; counseling; funding
36-700 Farmers’ market nutrition program
Article 6 Tuberculosis Control
36-711 Definitions
36-712 Administration by the department
36-714 Tuberculosis control officer
36-715 Costs; removal; proceedings
36-716 Payment of assistance
36-717 Responsibility for care or treatment by counties
36-718 Contracting for care of afflicted persons
36-721 Rules
36-723 Investigation of tuberculosis cases
36-724 Voluntary control measures
36-725 Orders to cooperate; emergency custody
36-726 Petition for court ordered examination, monitoring, treatment, isolation or quarantine
36-727 Hearings; procedure; confidentiality
36-728 Judicial action
36-729 Amended orders for intervention and transport of afflicted persons
36-730 Appointment of guardian or conservator
36-731 Confinement; selection; jails; prohibition
36-732 Early release from court ordered treatment
36-733 Choice of physician and mode of treatment
36-734 Treatment; exemption
36-735 Notification of rights
36-736 Administrative procedures act; judicial review of administrative procedures; exemption; appeals
36-737 Violation; classification
36-738 Qualified immunity
Article 7 Licensing and Regulation of Midwifery
36-751 Definitions
36-752 Licensure; exceptions
36-753 Application for license as midwife
36-754 Licensing of midwives; renewal of license
36-755 Powers and duties of the director
36-756 Grounds for denial of license and disciplinary action; hearing; appeal; civil penalties; injunctions
36-756.01 Investigations; right to examine evidence; subpoenas; confidentiality
36-757 Violations; classification
36-758 Fees
36-759 Use of title; prohibitions
36-760 Persons and acts not affected by this article
Article 8 Tobacco Tax Funds
36-770 Tobacco products tax fund
36-771 Tobacco tax and health care fund
36-772 Health education account; audit; reports
36-773 Health research account
36-774 Medically needy account; definition
36-775 Adjustment account
36-776 Emergency health services account
36-777 Health care adjustment account
36-778 Proposition 204 protection account
36-779 Tobacco revenue use spending and tracking commission; commission termination
Article 9 Enhanced Surveillance Advisories and Public Health Emergencies
36-781 Definitions
36-782 Enhanced surveillance advisory
36-783 Increased reporting during enhanced surveillance advisory
36-784 Patient tracking during enhanced surveillance advisory
36-785 Information sharing during an enhanced surveillance advisory
36-786 Laboratory testing during an enhanced surveillance advisory
36-787 Public health authority during state of emergency or state of war emergency
36-788 Isolation and quarantine during a state of emergency or state of war emergency
36-789 Due process for isolation and quarantine during a state of emergency or state of war emergency
36-790 Privileges and immunities
Article 11 Bedding
36-796 Definitions
36-796.02 Labeling of bedding required
36-796.03 Prohibited use of certain materials
36-796.04 Sterilization, disinfection and disinfestation of bedding and materials
36-796.07 Exceptions
36-796.08 Violation; classification
Article 12 Public Health Crisis
Article 13 Sickle Cell Anemia
36-797.41 Declaration of policy; sickle cell anemia
36-797.42 Testing by department; consent
36-797.43 Care and treatment of children with sickle cell anemia; reimbursement
36-797.44 Care and treatment of adults with sickle cell anemia; reimbursement
Article 14 Tobacco Sales
36-798 Definitions
36-798.01 Selling or giving beedies or bidis; violation; classification
36-798.02 Vending machine sales of tobacco and tobacco products; signage; violation; classification
36-798.03 Tobacco products prohibition at schools and school‑related areas; exception; violation; classification
36-798.04 Unlawful manufacture, sale or distribution of cigarettes and roll‑your‑own tobacco; exception; violation; classification
36-798.05 Unsolicited delivery of tobacco products; violation; classification; civil penalties; definitions
36-798.06 Delivery sales prohibited; common carriers; civil penalty; forfeiture; unlawful practice; exceptions; violation; classification; definitions
Chapter 7 DISPOSITION OF HUMAN BODIES
Article 1 Disposition of Certain Dead Human Bodies
36-803 Power to require records and establish rules and regulations
36-804 Notice of bodies for burial at public expense; delivery
36-805 Disposal of body of person executed at state prison
36-806 Bodies not subject to disposition under this article
36-807 Persons and institutions authorized to receive bodies; delivery expenses
36-808 Violation; classification
Article 2 Burial Responsibility
36-831 Burial duties; notification requirements; failure to perform duty; veterans; immunity; definitions
36-831.01 Disposition of remains; duty to comply with decedent’s wishes; exemption from liability
36-832 Authorization for post‑mortem examination
Article 3 Revised Uniform Anatomical Gift Act
36-841 Definitions
36-842 Applicability
36-843 Who may make an anatomical gift before donor’s death
36-844 Manner of making anatomical gift before donor’s death
36-845 Amending or revoking anatomical gift before donor’s death
36-846 Refusal to make anatomical gift; effect of refusal
36-847 Preclusive effect of anatomical gift, amendment or revocation
36-848 Who may make anatomical gift of decedent’s body or part
36-849 Manner of making, amending or revoking anatomical gift of decedent’s body or part
36-850 Persons who may receive anatomical gifts; purpose of anatomical gift
36-851 Delivery of document of gift not required; right to examine
36-852 Rights and duties of procurement organizations and others
36-853 Coordination of procurement and use
36-854 Sale or purchase of parts; classification
36-855 Prohibited acts; classification
36-856 Immunity
36-857 Choice of law; presumption of validity
36-858 Donor registry
36-859 Effect of anatomical gift on health care directive; definitions
36-860 County medical examiners; authorization
36-861 Medical examiner; release of information
36-862 Uniformity of application and construction
36-863 Relation to electronic signatures in global and national commerce act
36-864 Document of gift; transfer by department of transportation; requirements
Chapter 7.1 CHILD CARE PROGRAMS
Article 1 Day Care Centers
36-881 Definitions
36-882 License; posting; transfer prohibited; fees; provisional license; renewal; exemption from rule making
36-883 Standards of care; rules; classifications
36-883.01 Statement of services
36-883.02 Child care personnel; fingerprints; exemptions; definition
36-883.03 Employer‑subsidized child care; immunity from liability
36-883.04 Standards of care; rules; enforcement
36-883.05 Child care facilities; infants; floor bedding; requirements; emergency evacuation; notice; definitions
36-884 Exemptions
36-885 Inspection of child care facilities
36-886 Operation without a license; classification
36-886.01 Injunctions
36-887 Procedure for inspection of records
36-888 Denial, revocation or suspension of license
36-889 Licensees; applicants; residency; controlling persons; requirements
36-890 Decisions
36-891 Civil penalty; inspection of centers; training program
36-891.01 Intermediate sanctions; notification of compliance; hearing
36-892 Violation; classification
36-893 Legal action or sale; effect on licensure
36-894 Medical marijuana; child care facilities; prohibition
Article 3 Placement of Children by Department of Economic Security
36-895 Licensing and monitoring of child care facilities; financial agreements
Article 4 Child Care Group Homes
36-897 Definitions
36-897.01 Certification; application; fees; rules; fingerprinting; renewal; exemption from rule making
36-897.02 Standards of care; monitoring
36-897.03 Child care group homes; child care personnel; fingerprints; definition
36-897.04 Exemptions
36-897.05 Inspection of child care group homes
36-897.06 Civil penalty; collection
36-897.07 Training program
36-897.08 Intermediate sanctions; notification of compliance; hearing
36-897.09 Operating without a certificate; notice; hearing; violation; classification
36-897.10 Pending action or sale; effect on licensure
36-897.11 Injunctions; definition
36-897.12 Inspection of records
Article 5 Notification of Pesticide Application
36-898 Licensees; pesticide application; notice; definitions
Chapter 7.2 CHILD HEARING PROGRAMS
Article 1 Program of Hearing Evaluation Services
36-899 Definitions
36-899.01 Program for all school children; administration
36-899.02 Powers of the department; limitations
36-899.03 Rules and regulations
36-899.04 Parent, guardian may refuse test
Chapter 8 PURE FOOD CONTROL
Article 1 Adulteration and Misbranding
36-901 Definitions
36-902 Prohibited acts
36-903 Food standards
36-904 Food adulteration
36-905 Tolerances for added poisonous ingredients
36-906 Food misbranding
36-907 Misleading labeling and advertisements; considerations
36-908 Special inspection warrant; violation; classification
36-909 Samples or specimens
36-910 Seizure
36-911 Enforcement regulations; decisions; appeal
36-912 Prosecution
36-913 Injunction proceedings
36-914 Violation; classification; guaranty
36-915 Enrichment, fortification and labeling of flour, cereals and related foods; penalty
36-916 Donation of food items; exemption from civil liability; definitions
Article 3 Kosher Foods
36-941 Definitions
36-942 Sale of kosher food
36-943 Violation; classification
Article 5 Bulk Food Sales
36-971 Definitions
36-972 Applicability of article
36-973 Labeling; exception
36-974 Protection from contamination
36-975 Dispensing
36-976 Construction; materials
36-977 Cleaning frequency
36-978 Signs
36-979 Disease control
36-980 Local standards
Chapter 9 REGULATION OF ALKALIES, ACIDS, HUMAN BLOOD AND ITS DERIVATIVES AND POISONS
Article 4 Caustic Alkalies and Acids
36-1101 Definitions
36-1102 Misbranding of package prohibited
36-1103 Condemnation and disposal of misbranded articles
36-1104 Enforcement; registration of brands and labels
36-1105 Violation; classification
Article 5 Human Blood, Its Products and Derivatives
36-1151 Definition of blood services
Article 6 Arizona Poison Control System
36-1161 Poison and drug information centers and Arizona poison control system established; staff; functions
36-1162 Powers and functions of Arizona poison control system
36-1163 Funding
Chapter 10 GROUP HOMES FOR JUVENILES
Article 1 General Provisions
36-1201 Juvenile group homes; service contracts; registry; definitions
Chapter 11 HEALTH CARE SERVICES FREEDOM OF CHOICE
Article 1 General Provisions
36-1301 Health care services; constitutional freedom of choice; public policy; definitions
Chapter 12 PUBLIC HOUSING
Article 1 Municipal Housing
36-1401 Definitions
36-1402 Legislative finding and declaration of necessity
36-1403 Powers of municipalities
36-1404 Housing authority; employees
36-1405 Removal of commissioner
36-1406 Interest of municipal officer in project or property prohibited
36-1407 Eminent domain
36-1408 Use of revenues; determining rentals
36-1409 Rentals and tenant selection
36-1409.01 Pets for elderly tenants and tenants with disabilities; exceptions; conditions; appeal procedures; definitions
36-1410 Bonds; issuance; refunding; sources of payment; personal liability; debt limitation
36-1411 Form and sale of bonds
36-1412 Additional provisions of bonds
36-1413 Construction of bond provisions
36-1414 Certification of bonds by attorney general
36-1415 Housing bonds as security or legal investment
36-1416 Remedies of obligee
36-1417 Power of public body to provide additional remedies to obligee
36-1418 Property exempt from execution sale
36-1419 Payments in lieu of taxes authorized
36-1420 Acceptance of federal aid
36-1421 Cooperation of state public body with housing project
36-1422 Cooperative agreements between municipalities
36-1423 Bids required for construction and purchases
36-1424 Supplemental nature of article
36-1425 Inconsistencies of article with other law
Article 3 Slum Clearance and Redevelopment
36-1471 Definitions
36-1472 Legislative finding and declaration of necessity
36-1473 Finding of necessity by local governing body
36-1474 Powers of municipalities
36-1475 Delegation of powers of municipalities
36-1476 Slum clearance and redevelopment commission
36-1477 Interest of public officials, commissioners or employees in project prohibited
36-1478 Eminent domain
36-1479 Preparation and approval of redevelopment plans
36-1480 Disposal of property in redevelopment project area
36-1481 Issuance of bonds
36-1482 Power of municipality to provide additional security for bonds
36-1483 Construction of bond provisions
36-1484 Certification of bonds by attorney general
36-1485 Remedies of obligee
36-1486 Property exempt from execution sale
36-1487 Cooperation by public bodies
36-1488 Use of municipal revenue powers to provide funds for project
36-1489 Validity of title received by purchaser of project property
36-1490 Supplemental nature of article
36-1491 Inconsistencies of article with other law
Chapter 13 SAFETY
Article 1 Fireworks
36-1601 Definitions
36-1602 Fireworks prohibited
36-1603 Permit for public display
36-1604 Bond of permittee
36-1605 Permitted uses; violations; civil penalties
36-1606 Consumer fireworks regulation; state preemption; further regulation of fireworks by local jurisdiction
36-1607 Seizure
36-1608 Violation; civil penalty; classification
36-1609 State fire marshal; adoption of code; sale of permissible consumer fireworks
36-1610 Prohibited use of fireworks on state land; civil penalty
Article 2 Gas Appliances
36-1621 Definitions
36-1622 Approval and installation
36-1623 Ventilation by vent or flue
36-1624 Maintenance
36-1624.01 Liquefied petroleum gas container; filling; evacuating; requirements; violation; classification
36-1625 Municipal code not superseded
36-1626 Violation; classification
Article 2.1 Safety Glazing
36-1631 Definitions
36-1632 Labeling of safety glazing materials
36-1633 Installation of non‑safety glazing materials in hazardous location
36-1634 Violation; classification
36-1635 Local ordinances
Article 2.2 Smoke Detectors in Residential Housing
36-1636 Definitions
36-1637 Smoke detectors; residential housing
36-1638 Local ordinances
36-1639 Exemptions
Article 3 Public Buildings
36-1641 Safety construction in public buildings; violations; classification
Article 3.1 Hotels and Motels; Smoke Detectors
36-1645 Definitions
36-1646 Smoke detectors; hotels and motels
36-1647 Local ordinances
Article 4 Abandoned Refrigerators
36-1651 Abandoned refrigerators; classification
Article 5 Injurious Drugs and Substances
36-1661 Placing or leaving injurious drug or substance about habitation; classification
Article 6 Lead-Based Paint
36-1672 Local programs
36-1673 Reporting of lead levels
36-1674 Prohibited acts; classification
36-1675 Administration
36-1676 Injunction
Article 7 Pool Safety
36-1681 Pool enclosures; requirements; exceptions; enforcement
Article 8 Environmental Exposure Risk Assessment
36-1691 Definitions
36-1692 Environmental exposure risk assessment program; fees
36-1693 Risk assessment fund; purpose; sources
36-1694 Program termination
Chapter 14 HUMAN EGGS
Article 1 General Provisions
36-1701 Definitions
36-1702 Informed consent for egg donation; requirements; unprofessional conduct
36-1703 Purchase of human eggs; prohibition; violation; classification; unprofessional conduct
Chapter 17 HEARING AID DISPENSERS, AUDIOLOGISTS AND SPEECH-LANGUAGE PATHOLOGISTS
Article 1 Administration
36-1901 Definitions
36-1902 Powers and duties of the director; advisory committee; examining committee
36-1903 Deposit of monies
36-1904 Issuance of license; renewal of license; continuing education; military members
36-1905 Sponsors; duties
36-1906 Registering place of business with director
36-1907 Practicing without a license; prohibition
36-1908 Fees
36-1909 Bill of sale; requirements
36-1910 Application of chapter to corporations and other organizations; exemptions
Article 2 Hearing Aid Dispensers
36-1921 Persons not affected by chapter
36-1922 Reciprocity
36-1923 Hearing aid dispensers; licensure; requirements
36-1924 Examination for license
36-1926 Temporary license; sponsorship; termination of sponsorship
Article 3 Regulation of Hearing Aid Dispensers, Audiologists and Speech-Language Pathologists
36-1934 Denial, revocation or suspension of license; hearings; alternative sanctions
36-1936 Unlawful acts
36-1937 Injunctive relief
36-1938 Violation; classification
36-1939 Civil penalties; enforcement
Article 4 Audiology and Speech-Language Pathology
36-1940 Audiology; licensure requirements
36-1940.01 Speech‑language pathologist; licensure requirements
36-1940.02 Waiver of licensure and examination requirements
36-1940.03 Temporary licenses
36-1940.04 Speech-language pathologist assistant; licensure requirements; scope of practice; supervision
Chapter 17.1 COMMISSION FOR THE DEAF AND THE HARD OF HEARING
Article 1 In General
36-1941 Definitions
36-1942 Commission for the deaf and the hard of hearing
36-1943 Executive director; duties
36-1944 Duties
36-1945 Commission for the deaf and the hard of hearing fund; gifts and donations; annual report
36-1946 Interpreters for the deaf and the hard of hearing; certification; licensure
36-1947 Telecommunication devices for the deaf and the hearing and speech impaired; fund
Article 2 Licensure
36-1971 Licensure; acts and persons not affected
36-1972 Use of title; prohibited acts; violation; classification
36-1973 Qualifications for licensure
36-1974 Issuance and renewal of license; continuing education
36-1975 Denial of licensure
36-1976 Revocation or suspension of license
36-1977 Right to examine and copy evidence
36-1978 Injunctive relief; bond; service of process
Chapter 18 ALCOHOL AND DRUG ABUSE
Article 1 General Provisions
36-2001 Addictive behavior services
36-2002 Interagency coordinating council; members; meetings; duties; expiration
36-2003 Powers and duties
36-2004 Designation to administer state plan
36-2005 Substance abuse services fund; purpose; administration
36-2006 Department of health services monitoring of screening, education and treatment programs
Article 2 Evaluation and Treatment of Persons Impaired by Alcoholism
36-2021 Definitions
36-2022 Establishment of facilities
36-2023 Rules
36-2024 Treatment of alcoholics
36-2025 Treatment and services for intoxicated persons and persons incapacitated by alcohol
36-2026 Emergency admission
36-2027 Evaluation and treatment of persons charged with a crime
36-2028 Payment for treatment; financial ability of patient or guardian
36-2029 Funding of facilities; contracts; limitations
36-2030 Immunity from criminal or civil liability
36-2031 Criminal laws limitations
Article 3 Drug Detoxification and Maintenance Standards
36-2051 Definitions
36-2052 Designation of state agency
Chapter 19 KIDNEY TREATMENT CENTERS
Article 1 General Provisions
36-2101 Definitions
36-2102 Medical affiliation; contract for services; funds; limitation
36-2103 Functions of regional limited care dialysis centers; limitations
36-2104 Acceptance of other funds
Chapter 20 ABORTION
Article 1 General Provisions
36-2151 Definitions
36-2152 Parental consent; exception; hearings; time limits; violations; classification; civil relief; statute of limitations
36-2153 Informed consent; requirements; information; website; signs; violation; civil relief; statute of limitations
36-2154 Right to refuse to participate in abortion; abortion medication or emergency contraception
36-2155 Performance of an abortion by individual who is not a physician; prohibition; definitions
36-2156 Informed consent; ultrasound required; violation; civil relief; statute of limitations
36-2157 Affidavit
36-2158 Informed consent; fetal condition; website; unprofessional conduct; civil relief; statute of limitations; definitions
36-2159 Abortion; gestational age; violation; classification; unprofessional conduct; civil relief; statute of limitations
Article 2 Abortion Reporting Requirements
36-2161 Abortions; reporting requirements
36-2162 Complications; reporting requirements
36-2163 Reports; confidentiality; annual statistical report; violations; classification; unprofessional conduct
36-2164 Construction of article
Chapter 21 MEDICALLY UNDERSERVED AREAS
Article 1 General Provisions
36-2171 Definitions
36-2172 Primary care provider loan repayment program; purpose; eligibility; default; civil penalty; exemption
36-2173 Obstetrical practitioners; underserved areas; payment of insurance premiums; prioritization
36-2174 Rural private primary care provider loan repayment program; private practice
36-2175 Behavioral health practitioners; loan repayment program; eligibility; default; damages; program termination; definition
Chapter 21.1 EMERGENCY MEDICAL SERVICES
Article 1 General Provisions
36-2201 Definitions
36-2202 Duties of the director; qualifications of medical director
36-2202.01 Test administration
36-2203 Emergency medical services council; membership; delayed repeal
36-2203.01 Medical direction commission; membership; duties
36-2204 Medical control
36-2204.01 Emergency medical services providers; centralized medical direction communications center
36-2204.02 Emergency medical services providers; investigations
36-2205 Permitted treatment and medication; certification requirement; protocols
36-2206 Immunity; emergency instructions
36-2207 Authorization for political subdivisions to participate
36-2208 Bureau of emergency medical services and trauma system
36-2209 Powers and duties of the director
36-2210 Local emergency medical services coordinating systems
36-2211 Grounds for censure, probation, suspension or revocation of emergency medical care technician certificate; proceedings; civil penalty; judicial review
36-2212 Certificate of registration to operate an ambulance; termination on change in ownership; fees; exemption
36-2213 Regulation of air ambulance services
36-2214 Air ambulance service license
36-2215 Required insurance or financial responsibility; denial or revocation for failure to comply
36-2216 Prohibited acts; classification
36-2217 Exemption from regulation
36-2218 Emergency medical services operating fund
36-2219.01 Medical services enhancement fund
36-2220 Records; confidentiality; definition
36-2221 Trauma center data; requirements; confidentiality; violation; classification
36-2222 Trauma advisory board; membership; compensation; duties
36-2223 Stretcher vans; wheelchair vans; use; restrictions
36-2224 Interfacility transportation of patients; requirements
36-2225 Statewide emergency medical services and trauma system; definitions
36-2226 Emergency administration of epinephrine by good Samaritans; exemption from civil liability
36-2227 Informal interviews; request for information; nondissemination; violation; classification
Article 2 Regulation of Ambulances and Ambulance Services
36-2232 Director; powers and duties; regulation of ambulance services; inspections; response time compliance
36-2233 Certificate of necessity to operate an ambulance service; termination; exceptions; service areas
36-2234 Hearings; waiver of hearing; emergency action; judicial review
36-2235 Terms of certificates of necessity; initial term; renewal
36-2236 Nature of certificates of necessity; transfer; suspension; service area
36-2237 Required insurance, financial responsibility or bond; revocation for failure to comply
36-2238 Termination of service under certificate of necessity
36-2239 Rates or charges of ambulance service
36-2240 Fees
36-2241 Required records; inspection by the department
36-2242 Temporary authority to operate in urgent circumstances; application; application to provide permanent service
36-2243 Interagency service agreement
36-2244 Legal action for enforcement
36-2245 Investigations; dispute resolution; informal interviews; hearings; stipulations; judicial review; civil penalty
36-2246 Fire districts; rural ambulance services; request for information; format
Article 3 Automated External Defibrillators
36-2261 Definitions
36-2262 Automated external defibrillators; use; requirements
36-2263 Civil liability; limited immunity; good Samaritan
36-2264 Exemption from regulation
Chapter 22 PROTECTION OF MINORS
Article 1 In General
36-2271 Consent of parents required for surgical procedures upon minor; exception; classification
36-2272 Consent of parent required for mental health screening or treatment of minors; exception; violation; classification; definition
Article 2 Preserving the Lives of Newborn and Other Children
36-2281 Infants; nutritional and medical denial or deprivation prohibited; definition
36-2282 Duty to inform; reports of denial or deprivation; disciplinary action prohibited; report to department of child safety
36-2283 Certain information to parents required
36-2284 Infant care review committee
Chapter 23 PROTECTION OF FETUS OR EMBRYO
Article 1 General Provisions
36-2301 Duty to promote life of fetus or embryo delivered alive
36-2301.01 Abortion of viable fetus; requirements; definitions
36-2301.02 Review of ultrasound results
36-2302 Experimentation on human fetus or embryo prohibited; physician‑patient privilege inapplicable
36-2303 Violation; classification
Article 2 Treatment of Embryos
36-2311 Definitions
36-2312 Production of human embryo or human-animal hybrid; purchase or sale;
36-2313 Destructive human embryonic stem cell research; violation; classification
Chapter 24 MEDICALLY-UNDERSERVED AREA HEALTH SERVICES
Article 1 General Provisions
36-2351 Definitions
36-2352 Designation of medically‑underserved areas
36-2353 Medically‑underserved areas; selection of coordinating medical providers
36-2354 Coordinating medical provider; duties
36-2355 Financial responsibility for services rendered to indigents
Chapter 25 HEALTH CARE QUALITY ASSURANCE
Article 1 Health Care Entity Quality Assurance Process
36-2401 Definitions
36-2402 Health care quality assurance process; immunity
36-2403 Confidentiality; protection from discovery proceedings and subpoena; exceptions
36-2404 Quality assurance review committees
Chapter 26 NUTRITIONAL SUPPLEMENTS
Article 1 General Provisions
36-2451 Definitions
36-2452 Distribution and sale of laetrile; labeling requirements
36-2453 Inspection of premises; violation; injunction
Chapter 27 UNIFORM CONTROLLED SUBSTANCES ACT
Article 1 General Provisions
36-2501 Definitions
Article 2 Schedules
36-2511 Nomenclature
36-2512 Substances in schedule I
36-2513 Substances in schedule II
36-2514 Substances in schedule III; definition
36-2515 Substances in schedule IV
36-2516 Substances in schedule V
Article 3 Regulation of Manufacture, Distribution and Dispensing of Controlled Substances
36-2521 Rules
36-2522 Registration requirements
36-2523 Records of registrants; inspection; confidentiality
36-2524 Order forms
36-2525 Prescription orders; labels
Article 4 Offenses and Penalties
36-2531 Prohibited acts; classification
Article 5 Enforcement and Administration
36-2541 Administrative inspections and warrants
36-2542 Cooperation of agencies
36-2543 Review
36-2544 Education; research; public notices
Article 6 Miscellaneous
36-2551 Pending proceedings
36-2552 Continuation of rules
Chapter 28 CONTROLLED SUBSTANCES PRESCRIPTION MONITORING PROGRAM
Article 1 General Provisions
36-2601 Definitions
36-2602 Controlled substances prescription monitoring program; contracts; retention and maintenance of records
36-2603 Computerized central database tracking system task force; membership
36-2604 Use and release of confidential information; definition
36-2605 Controlled substances prescription monitoring program fund
36-2606 Registration; requirements
36-2607 Disciplinary action
36-2608 Reporting requirements; waiver; exceptions
36-2609 Use of information; civil immunity
36-2610 Prohibited acts; violation; classification
36-2611 Program termination
Chapter 28.1 ARIZONA MEDICAL MARIJUANA ACT
36-2801 Definitions
36-2801.01 Addition of debilitating medical conditions
36-2802 Arizona Medical Marijuana Act; limitations
36-2803 Rulemaking
36-2804 Registration and certification of nonprofit medical marijuana dispensaries
36-2804.01 Registration of nonprofit medical marijuana dispensary agents; notices; civil penalty; classification
36-2804.02 Registration of qualifying patients and designated caregivers
36-2804.03 Issuance of registry identification cards
36-2804.04 Registry identification cards
36-2804.05 Denial of registry identification card
36-2804.06 Expiration and renewal of registry identification cards and registration certificates; replacement
36-2805 Facility restrictions
36-2806 Registered nonprofit medical marijuana dispensaries; requirements
36-2806.01 Dispensary locations
36-2806.02 Dispensing marijuana for medical use
36-2807 Verification system
36-2808 Notifications to department; civil penalty
36-2809 Annual report
36-2810 Confidentiality
36-2811 Presumption of medical use of marijuana; protections; civil penalty
36-2813 Discrimination prohibited
36-2814 Acts not required; acts not prohibited
36-2815 Revocation
36-2816 Violations; civil penalty; classification
36-2817 Medical marijuana fund; private donations
36-2818 Enforcement of this act; mandamus
36-2819 Fingerprinting requirements
Chapter 29 ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION
Article 1 Arizona Health Care Cost Containment System
36-2901 Definitions
36-2901.01 Additional definition of eligibility for the Arizona health care cost containment system; enforcement; private right of action
36-2901.02 Arizona tobacco litigation settlement fund; nonlapsing
36-2901.03 Federal poverty program; eligibility
36-2901.04 Medical expense deduction eligibility process
36-2901.05 Breast and cervical cancer treatment; additional definition of eligibility
36-2901.06 Capitation rate adjustments; limitation
36-2901.07 Definition of eligible person; conditional eligibility
36-2901.08 Hospital assessment
36-2901.09 Hospital assessment fund
36-2902 Arizona health care cost containment system administration; director; compensation
36-2902.01 Advisory council on Indian health care; membership; compensation; meetings
36-2902.02 Advisory council on Indian health care; duties
36-2903 Arizona health care cost containment system; administrator; powers and duties of director and administrator; exemption from attorney general representation; definition
36-2903.01 Additional powers and duties; report; definition
36-2903.02 Quality of health care monitoring standard; development; adoption; use; additional monitoring; costs
36-2903.03 United States citizenship and qualified alien requirements for eligibility; report; definition
36-2903.04 Prior wards of the state; eligibility determination
36-2903.05 Uniform application and eligibility process
36-2903.06 Cooperation with Arizona‑Mexico commission
36-2903.07 Trauma and emergency services fund
36-2903.08 AHCCCS uncompensated care; hospital assessment; reports
36-2904 Prepaid capitation coverage; requirements; long‑term care; dispute resolution; award of contracts; notification; report
36-2905 Removal of medicaid special exemption for payments to contractors; civil penalty
36-2905.01 Inpatient hospital reimbursement program; large counties
36-2905.02 Inpatient reimbursement; rural hospitals; definition
36-2905.04 Eligibility by fraud; penalties; enforcement; classification
36-2905.06 Finger imaging; requirements; exemption
36-2905.07 Recipients of pharmaceutical benefits; finger imaging program; program termination
36-2905.08 Nicotine replacement therapies; tobacco use medications
36-2906 Qualified plan health services contracts; proposals; administration
36-2906.01 Qualified commercial carriers; administration; contracts
36-2907 Covered health and medical services; modifications; related delivery of service requirements; definition
36-2907.01 Eosinophilic gastrointestinal disorder; formula
36-2907.02 Benchmark benefit package
36-2907.04 Family planning services
36-2907.05 Primary care programs
36-2907.06 Qualifying community health centers; contracts; requirements; definition
36-2907.07 Tobacco tax program evaluations
36-2907.08 Basic children’s medical services program; definition
36-2907.09 Direct service contracts; reporting
36-2907.10 Transplants; extended eligibility
36-2907.11 Retaining transplant status
36-2907.12 Transplants; tobacco tax allocation
36-2908 Provision of emergency and specialty services; reimbursement
36-2909 Emergency hospital services; retroactive coverage; costs
36-2910 Notification to system of nonemergency services
36-2911 Payment of monthly premiums
36-2912.01 Healthcare group fund; nonlapsing
36-2913 Systems funds; funding
36-2914 Medical care consortiums; lawful trade practices
36-2915 Lien of administration on damages recovered by injured person; perfection, recording, assignment and notice of lien
36-2916 Release of claim by injured person ineffective as to system; action to enforce lien; release of lien
36-2917 Review committees; immunity; confidentiality; definition
36-2918 Prohibited acts; penalties; subpoena power
36-2918.01 Duty to report fraud or abuse; immunity
36-2919 Absence of federal financial participation; effect on system operation
36-2920 Monthly financial report
36-2921 Hospital loan program; residencies; fund; program termination
36-2922 Medical services stabilization fund; definition
36-2923 Insurer claims data reporting requirements; administration as payor of last resort; report; definition
36-2924 Child care and AHCCCS joint program
36-2925 Information system; administrative services; agreements with other states; report
36-2926 Use of cost savings; preparation of budget recommendations; cooperation of other agencies
36-2927 Intergovernmental service fund; funding
36-2928 Budget neutrality compliance fund; nonlapsing
36-2929 Services to persons with disabilities; eligibility; premiums
36-2930 Prescription drug rebate fund; exemption; definition
36-2930.01 Members; missed medical appointments; fee; provider remedy
Article 2 Arizona Long-Term Care System
36-2931 Definitions
36-2932 Arizona long‑term care system; powers and duties of the director; expenditure limitation
36-2933 Eligibility determination; application; enrollment
36-2934 Eligibility criteria; qualifications for coverage; liquidation of assets
36-2934.01 Creation of trusts; eligibility for the system; share of cost
36-2934.02 Financial instruments; eligibility for the system
36-2935 Estate recovery program; liens
36-2936 Preadmission screening programs; functional tests; screening review
36-2937 Effective date of program contractor’s responsibility
36-2938 Case management; definition
36-2939 Long‑term care system services
36-2940 Program contractors; annual plan
36-2941 Establishment of capitation rates
36-2942 Payments to the department
36-2943 Provider subcontracts; hospital reimbursement
36-2944 Qualified plan health service contracts; proposals; administration; contract terms
36-2944.01 Removal of medicaid special exemption for payments to program contractors; civil penalty
36-2945 Provision of services without contract; requirements
36-2946 Coordination of benefits; third party payments
36-2947 Program contractors; additional responsibilities
36-2948 Prohibited collection practices
36-2949 Exemption from insurance law
36-2950 Services to persons with disabilities; eligibility; premiums
36-2951 Self-directed attendant care services; rules; definition
36-2952 County or special health care district long‑term care system fund; uniform accounting
36-2953 Department long‑term care system fund; uniform accounting
36-2954 Erroneous eligibility determination; state liability
36-2955 Inappropriate services; federal sanctions
36-2956 Liens on damages for injuries; notification
36-2957 Prohibited acts; penalties
36-2958 Absence of federal financial participation; effect on system operation
36-2959 Reimbursement rates; capitation rates; annual review
Article 3 Qualified Medicare Beneficiary
36-2971 Definitions
36-2972 Rights, authority and responsibilities of the director and the administration
36-2973 Qualified medicare beneficiary only; eligibility determination; application; enrollment
36-2974 Dual eligibles; qualifications for coverage; enrollment
36-2975 Specified low income medicare beneficiary; eligibility
36-2976 Qualifying individuals
Article 4 Children’s Health Insurance Program
36-2981 Definitions
36-2982 Children’s health insurance program; administration; nonentitlement; enrollment limitation; eligibility
36-2983 Eligibility for the program
36-2985 Enrollment cap; program termination; spending limitation
36-2986 Administration; powers and duties of director
36-2987 Reimbursement for the program
36-2988 Delivery of services; health plans; requirements
36-2989 Covered health and medical services; modifications; related delivery of service requirements
36-2990 Quality of health care monitoring standard; development; adoption; use; additional monitoring; costs
36-2991 Fraud; penalties; enforcement; violation; classification
36-2992 Duty to report fraud or abuse; immunity; unprofessional conduct
36-2993 Prohibited acts; penalties
36-2994 Monthly financial report
36-2995 Children’s health insurance program fund; sources of monies; use; reversion; claims
36-2998 Qualifying plans
Article 5 Comprehensive Care for the Elderly Program
36-2999.01 Definitions
36-2999.02 Program; program contractors; interdisciplinary teams
36-2999.03 Eligibility determination; applications; enrollment
36-2999.04 Case management; definition
36-2999.05 Establishment of capitation rate
36-2999.06 Organizations; additional responsibilities; exemption from title 20
36-2999.07 Reporting requirements
36-2999.08 Program termination
Article 6 Nursing Facility Provider Assessments
36-2999.51 Definitions
36-2999.52 Nursing facility quality assessments; calculation; limitation; exceptions
36-2999.53 Nursing facility assessment fund
36-2999.54 Assessments; penalty for failure to pay
36-2999.55 Adjustment of payments; definition
36-2999.56 Modifications
36-2999.57 Discontinuance of assessments
Chapter 30 SHELTERS FOR DOMESTIC VIOLENCE VICTIMS
Article 1 General Provisions
36-3001 Definitions
36-3002 Domestic violence shelter fund; purpose
36-3003 Acceptance of grants and gifts
36-3004 Application for fund monies; eligibility; payments; limitation; evaluation
36-3005 Shelter requirements for eligibility
36-3006 Priorities for allocating fund monies
36-3007 Annual report
36-3008 Shelters for victims of domestic violence; personnel; fingerprinting
36-3009 Disclosing location of shelters; prohibition; civil penalty
Chapter 32 LIVING WILLS AND HEALTH CARE DIRECTIVES
Article 1 General Provisions
36-3201 Definitions
36-3202 Revocation of health care directive; disqualification of surrogate
36-3203 Surrogate; authority; responsibilities; immunity
36-3204 Responsibilities of health care providers
36-3205 Health care providers; immunity from liability; conditions
36-3206 Enforcement or challenge of a directive or decision; judicial proceedings; automatic stays
36-3207 Health care directives; effect on insurance and medical coverage
36-3208 Prior and out of state health care directives; validity
36-3209 Health care directives; conflicts
36-3210 Suicide; mercy killing
Article 2 Health Care Power of Attorney
36-3221 Health care power of attorney; scope; requirements; limitations; fiduciaries
36-3222 Health care power of attorney; amendments
36-3223 Agents; powers and duties; removal; responsibility; fiduciaries
36-3224 Sample health care power of attorney
Article 3 Surrogate Decision Makers
36-3231 Surrogate decision makers; priorities; limitations
Article 4 Prehospital Medical Care Directives
36-3251 Prehospital medical care directives; form; effect; definition
Article 5 Living Will
36-3261 Living will; verification; liability
36-3262 Sample living will
Article 6 Mental Health Care Power of Attorney
36-3281 Mental health care power of attorney; scope; definition
36-3282 Execution requirements
36-3283 Powers and duties of an agent
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
36-3285 Revocation; disqualification of agent
36-3286 Sample mental health care power of attorney
36-3287 Surrogate; mental health care power of attorney
Article 7 Health Care Directives Registry
36-3291 Health care directives registry; website
36-3292 Filing requirements
36-3293 Effect of nonregistration or revocation
36-3294 Registration; purge of registered documents
36-3295 Registry information; confidentiality; transfer of information
36-3296 Liability; limitation
36-3297 Health care directives registry fund
Chapter 34 DIVISION OF BEHAVIORAL HEALTH
Article 1 General Provisions
36-3401 Definitions
36-3402 Division of behavioral health; deputy director; appointment; search committee; compensation
36-3403 Powers and duties of the deputy director; study; capitation rates
36-3404 Department budget for the division of behavioral health; funds
36-3405 Division annual report; monthly report
36-3406 Arizona state advisory council on the seriously mentally ill; membership; compensation; duties
36-3407 Services; contract
36-3408 Eligibility for behavioral health service system; screening process; required information
36-3409 Fee requirements; fee schedules
36-3410 Regional behavioral health authorities; contracts; monthly summaries; inspection; copying fee; children’s behavioral health and seriously mentally ill services
36-3411 Behavioral health services; timely reimbursement; penalties
36-3412 Contracts; regional behavioral health authorities; financial security
36-3413 Grievance and appeal process
36-3414 Medically needy account monies
36-3415 Behavioral health expenditures; annual report
Article 3 Comprehensive Behavioral Health Service System for Children
36-3431 Comprehensive behavioral health service system for children; division duties
36-3432 System report
36-3433 Annual budget; request and allocation
36-3434 Current service delivery system; continuation
36-3435 Intergovernmental agreement; needs and resources assessment; funding and service delivery plan; definition
Chapter 35 CHILD FATALITIES
Article 1 General Provisions
36-3501 Child fatality review team; membership; duties
36-3502 Local teams; membership; duties
36-3503 Access to information; confidentiality; violation; classification
36-3504 Child fatality review fund
36-3505 Protocols
36-3506 Infant death investigation checklist
Article 2 Crib Safety
36-3521 Definitions
36-3522 Unsafe cribs; design characteristics; violation; classification
36-3523 Injunctions
Chapter 36 TELEMEDICINE
Article 1 General Provisions
36-3601 Definitions
36-3602 Delivery of health care through telemedicine; requirements; exceptions
36-3603 State jurisdiction; scope
36-3604 Use of telemedicine for abortion prohibited; penalty; definition
Chapter 37 SEXUALLY VIOLENT PERSONS
Article 1 General Provisions
36-3701 Definitions
36-3702 Notice of release; referral; immunity
36-3703 Competent professionals
36-3704 Sexually violent person petition; filing; procedures
36-3705 Judicial determination of sexually violent person; transfer for evaluation
36-3706 Trial
36-3707 Determining sexually violent person status; commitment procedures
36-3708 Annual examination of committed persons; report
36-3709 Petition for change of status; procedures
36-3710 Conditional release to a less restrictive alternative; conditions; reports; review
36-3711 Conditional release to a less restrictive alternative; findings
36-3712 Detention and commitment requirements; definition
36-3713 Revocation of conditional release to a less restrictive alternative; hearing
36-3714 Petition for discharge; procedures
36-3715 Expenditure limitation
36-3716 Expenditure limitation; political subdivision
36-3717 Place of proceedings; transportation; immunity
Chapter 38 HEALTH INFORMATION ORGANIZATIONS
Article 1 General Provisions
36-3801 Definitions
36-3802 Individual rights
36-3803 Voluntary participation in health information organizations
36-3804 Notice of health information practices
36-3805 Disclosure of individually identifiable health information
36-3806 Required policies
36-3807 Implementing individual preference for sharing individually identifiable health information
36-3808 Subpoenas; certification requirements
36-3809 Health care providers; duty to maintain medical records
Chapter 39 CHILDREN’S CAMPS
Article 1 General Provisions
36-3901 Definition
36-3902 Application for license; issuance; posting
36-3903 License fee
36-3904 Location
36-3905 Layout
36-3906 Water supply
36-3907 Toilets and disposal systems
36-3908 Food service permits
36-3909 Drainage
36-3910 Inspection of camps; revocation of license
36-3911 Exemption of contract employees from limitations on hours of labor
36-3912 Violation; classification
36-3913 Exception
36-3914 Limitations
36-3915 Delegation of powers
36-899.01 Program for all school children; administration