55 chapters · 1,413 sections in this title.
A.R.S. § 36-401 Definitions; adult foster care
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A. In this chapter, unless the context otherwise requires: 1. "Accredited health care institution" means a health care institution, other than a hospital, that is currently accredited by a nationally recognized accreditation organization. 2. "Accredited hospital" means a hospital…
A.R.S. § 36-402 Exemptions
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A. This chapter and the rules adopted by the director pursuant to this chapter do not authorize the licensure, supervision, regulation or control of: 1. The remedial care or treatment of residents or patients in any home or institution conducted only for those who rely solely on …
A.R.S. § 36-403 Licensure by counties and municipalities
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Nothing in this chapter shall prevent counties or municipalities from adopting and enforcing building and zoning regulations for health care institutions which are equal to or more restrictive than regulations of the department.
A.R.S. § 36-404 Limitation of disclosure of information
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A. Information received and records kept by the department for the purpose of administering this chapter are available to the public except: 1. Information obtained for purposes of articles 4 and 5 of this chapter. 2. Personally identifiable medical information or any information…
A.R.S. § 36-405 Powers and duties of the director
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A. The director shall adopt rules to establish minimum standards and requirements for constructing, modifying and licensing health care institutions necessary to ensure the public health, safety and welfare. The standards and requirements shall relate to the construction, equipme…
A.R.S. § 36-405.01 Health screening services; violation; classification
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A. Health screening services shall be conducted in the following manner: 1. Health screening services shall be conducted under the direction of or, when required by good medical practice, under the supervision of a physician. 2. Any diagnosis of collected health-related data shal…
A.R.S. § 36-405.02 Outpatient behavioral health and other related health care services; employees; rules
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The department shall allow a person who is employed at a health care institution that provides outpatient behavioral health services, who is not a licensed behavioral health professional and who is at least eighteen years of age to provide outpatient behavioral health or other re…
A.R.S. § 36-405.03 Memory care services standards; rules; staff training requirements; definition
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B. The director shall establish by rule minimum training standards for memory care services for staff and contractors who work in an assisted living facility that is licensed to provide directed care services. The training standards shall include a minimum of eight hours of initi…
A.R.S. § 36-406 Powers and duties of the department
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In addition to its other powers and duties: 1. The department shall: (a) Administer and enforce this chapter and the rules, regulations and standards adopted pursuant thereto. (b) Review, and may approve, plans and specifications for construction or modification or additions to h…
A.R.S. § 36-407 Prohibited acts; required acts
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A. A person shall not establish, conduct or maintain in this state a health care institution or any class or subclass of health care institution unless that person holds a current and valid license issued by the department specifying the class or subclass of health care instituti…
A.R.S. § 36-407.01 Hospitals; visitation; religious purposes
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[Repealed or reserved.]
A.R.S. § 36-407.02 Health care institutions; clergy visitation; health and safety precautions; immunity; civil action; definitions
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B. Notwithstanding any other provision in this chapter, when a resident's death is imminent, a health care institution must allow a clergy member to visit the resident in person for religious purposes if either of the following applies: 1. The resident requests or consents to be …
A.R.S. § 36-407.03 Hospitals; visitation policy; exceptions
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B. This section does not apply to the Arizona state hospital, any other licensed facility under the jurisdiction of the superintendent of the Arizona state hospital or chapter 5 of this title.
A.R.S. § 36-408 Required reports from health care institutions
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The department of health services shall not require any reports from health care institutions to be filed more frequently than annually unless such filings are otherwise required by state or federal law or result from necessary processing of applications or requests filed by such…
A.R.S. § 36-409 Certification, licensure and monitoring of long-term care facilities, facilities and services
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A. The department shall perform all necessary functions, including licensing, certification or monitoring, to implement federally approved standards for institutions, facilities, agencies or persons providing services pursuant to chapter 29, article 2 of this title. These functio…
A.R.S. § 36-409.01 Joint training sessions; survey process; compliance
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1. Skilled nursing providers. 2. Assisted living providers. B. The purpose of the joint training sessions is to report changes to the survey process and to educate both the compliance officers and the skilled nursing and assisted living providers on how compliance with the change…
A.R.S. § 36-410 County standards and guidelines; delegation
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A. The director shall provide counties with nonbinding guidelines for their use in establishing contract standards for adult foster care providers that do not provide services pursuant to chapter 29, article 2 of this title. These nonbinding guidelines shall include standards for…
A.R.S. § 36-411 Residential care institutions; nursing care institutions; home health agencies; fingerprinting requirements; exemptions; definitions
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A. Except as provided in subsection F of this section, as a condition of licensure or continued licensure of a residential care institution, a nursing care institution or a home health agency and as a condition of employment in a residential care institution, a nursing care insti…
A.R.S. § 36-411.01 Adult residential care institutions; recidivism reduction services; rules
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A. An adult residential care institution subclass that is authorized to provide recidivism reduction services may employ recidivism reduction staff who are exempt from the requirements of section 36-411, subsection E to assist in the delivery of recidivism reduction services. B. …
A.R.S. § 36-412 Nursing care institutions; employment
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[Repealed or reserved.]
A.R.S. § 36-413 Nutrition and feeding assistants; training programs; regulation; civil penalty; definition
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A. The department may adopt rules to prescribe minimum standards for training programs for nutrition and feeding assistants in licensed skilled nursing facilities, including instructor qualifications, and may grant, deny, suspend and revoke approval of any training program that v…
A.R.S. § 36-414 Health services licensing fund; exemption
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A. The health services licensing fund is established consisting of monies deposited pursuant to sections 30-654, 32-1308, 32-2805, 36-405, 36-765.05, 36-766.06, 36-851.01, 36-882, 36-897.01, 36-1903, 36-2063 and 36-4204. The department of health services shall administer the fund…
A.R.S. § 36-415 Breast density mammography results; notification
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A. Beginning October 1, 2014, if a patient is categorized by a health care institution or health care facility that performs mammography examinations as having heterogeneously dense breasts or extremely dense breasts based on the breast imaging reporting and data system establish…
A.R.S. § 36-416 Registered dietitians; qualified nutrition professionals; hospital orders; definitions
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A. A hospital that is licensed pursuant to section 36-422 may allow a registered dietitian or other qualified nutrition professional to order diets, enteral feeding, nutritional supplementation or parenteral nutrition if authorized by medical staff pursuant to 42 Code of Federal …
A.R.S. § 36-417 Use of compliance surveys; advertisement; requirements
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A. The results of a department state compliance survey of a nursing care institution, assisted living center or assisted living home or a federal certification survey of a skilled nursing facility may not be used in an advertisement, unless the advertisement includes all of the f…
A.R.S. § 36-418 Behavioral health residential facilities; reporting requirement
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A licensed behavioral health residential facility that provides services to children, that contracts with the federal government and that receives only federal monies shall report to the department of health services within twenty-four hours after an actual or alleged event or si…
A.R.S. § 36-418.01 Behavioral health facilities; dependent children; placement; report; definition
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1. The foster child's behavioral needs are within the scope of services. 2. The foster child's placement in the behavioral health facility is clinically appropriate. 3. The foster child's placement in the behavioral health facility does not disrupt the environment of the behavior…
A.R.S. § 36-419 Do-not-resuscitate orders; minors; parental communication; definitions
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A. For an unemancipated minor who is not under juvenile court jurisdiction pursuant to section 8-202, a provider may not implement a do-not-resuscitate order without communicating with at least one of the minor's parents or the minor's legal guardian. The communication must inclu…
A.R.S. § 36-420 Health care institutions; cardiopulmonary resuscitation; first aid; immunity; falls; definition
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B. Each health care institution: 1. Shall initiate cardiopulmonary resuscitation in accordance with its certification training for cardiopulmonary resuscitation before the arrival of emergency medical services, to a resident who is nonresponsive or has a cessation of normal respi…
A.R.S. § 36-420.01 Health care institutions; fall prevention and fall recovery; training programs; definition
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B. For the purposes of this section, "health care institution" has the same meaning prescribed in section 36-420.
A.R.S. § 36-420.02 Additional charges for medical or forensic interview or examination; prohibition
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B. A health care institution or health care provider may not issue, either directly or through its billing company, any additional balance bill to a patient relating to a medical or forensic interview or examination for which the county is required to pay pursuant to section 13-1…
A.R.S. § 36-420.03 Health care employers; workplace violence prevention plan; investigation; reporting; nondiscrimination; definitions
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1. Includes components that are specifically tailored to the conditions and hazards of the health care employer's sites and patient-specific risk factors. 2. Identifies the individual who is responsible for implementing and overseeing the plan. 3. Requires the conspicuous posting…
A.R.S. § 36-420.04 Emergency responders; patient information; hospitals; discharge planning; patient screenings; discharge document
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1. The reason or reasons the emergency responder was requested on behalf of the resident. 2. Whether the resident receives medication services and, if the resident has provided this information to the assisted living center or assisted living home, a list of all the resident's pr…
A.R.S. § 36-420.05 Legal action or sale; effect on licensure
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B. The department may deny an application for a health care institution license if either: 1. The applicant, the licensee or a controlling person has a health care institution license that is in an enforcement action or court action related to the health and safety of the residen…
A.R.S. § 36-421 Construction or modification of a health care institution
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A. A license application for a health care institution shall include, on a form provided by the department, a notarized attestation from an architect registered pursuant to title 32, chapter 1 that verifies the architectural plans and specifications meet or exceed standards adopt…
A.R.S. § 36-422 Application for license; notification of proposed change in status; joint licenses; definitions
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A. A person who wishes to apply for a license to operate a health care institution pursuant to this chapter shall submit to the department all of the following: 1. An application on a written or electronic form that is prescribed, prepared and furnished by the department and that…
A.R.S. § 36-422.01 Health care institutions; termination of operation; medical records; civil penalties; definition
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A. In addition to the requirements prescribed in section 36-422, subsection D, if a current licensee intends to terminate the operation of a licensed health care institution, the current licensee shall do one of the following before the health care institution ceases operation: 1…
A.R.S. § 36-423 Hemodialysis technicians; minimum requirements; definition
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A. Except as provided in subsection B, beginning on April 1, 2003, a facility that provides hemodialysis treatment shall only use a hemodialysis technician who is certified by a national organization that certifies hemodialysis technicians. B. Beginning on April 1, 2003, an emplo…
A.R.S. § 36-424 Inspections; suspension or revocation of license; report to board of examiners of nursing care institution administrators and assisted living facility managers
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A. Except as provided in subsection B of this section, the director shall inspect the premises of the health care institution and investigate the character and other qualifications of the applicant to ascertain whether the applicant and the health care institution are in substant…
A.R.S. § 36-424.01 Behavioral health facilities; sober living home information disclosure; department compliance verification; definitions
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A. A behavioral health outpatient treatment center that is a service provider shall include on its patient intake form the license number or name and address of the sober living home in which the patient is living, if applicable. The department may verify compliance with the requ…
A.R.S. § 36-424.02 Priority matrix; level of complaint
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A. The department shall provide a priority matrix for complaints filed against health care institutions on the department's public website. The priority matrix shall detail the following: 1. The various levels of complaints. 2. The process for determining the complaint level assi…
A.R.S. § 36-424.03 Surveyors and supervisors; annual training program; objectives
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A. The department shall implement an annual training program for all licensing surveyors and the supervisors and managers of licensing surveyors to ensure compliance with this chapter. B. The training program shall include modules that train surveyors and the supervisors and mana…
A.R.S. § 36-425 Inspections; issuance of license; posting requirements; provisional license; denial of license
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A. On receipt of a properly completed application for a health care institution license, the director shall conduct an inspection of the health care institution as prescribed by this chapter. If an application for a license is submitted due to a planned change of ownership, the d…
A.R.S. § 36-425.01 Home health agencies; licensure; definition
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A. The department by rule shall license home health agencies. The department shall prescribe a licensure period that does not exceed two years. B. In lieu of a state licensure survey, the department shall issue a license to a home health agency that submits an application prescri…
A.R.S. § 36-425.02 Nursing care institutions; quality rating; issuance of license
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A. The department shall issue to each licensed nursing care institution a quality rating based on the results of a licensure survey. B. The director may determine the period of time for which a license issued to a nursing care institution is valid according to the quality rating …
A.R.S. § 36-425.03 Children's behavioral health programs; personnel; fingerprinting requirements; exemptions; definitions
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A. Except as provided in subsections B, C and D of this section, children's behavioral health program personnel, including volunteers, shall submit the form prescribed in subsection E of this section to the employer and shall have a valid fingerprint clearance card issued pursuan…
A.R.S. § 36-425.04 Hospice service agencies; policies and procedures; controlled substances
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A hospice service agency that is licensed pursuant to this chapter shall adopt policies and procedures to inform and educate client families on the proper disposal of schedule II controlled substances.
A.R.S. § 36-425.05 Intermediate care facilities for individuals with intellectual disabilities; licensure
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On or before January 1, 2020, an intermediate care facility for individuals with intellectual disabilities that is operated by the department of economic security or a private entity shall be licensed pursuant to this chapter and certified pursuant to 42 Code of Federal Regulatio…
A.R.S. § 36-425.06 Secure behavioral health residential facilities; license; annual report; definition
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A. The department shall license secure behavioral health residential facilities to provide secure twenty-four-hour on-site supportive treatment and supervision by staff with behavioral health training for persons who have been determined to be seriously mentally ill, who are chro…
A.R.S. § 36-425.07 Nursing-supported group homes; licensure
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[Repealed or reserved.]