Title 36, Public Health and Safety

(Caution: 1998 Prop. 105 applies) A. The proposition 204 protection account is established consisting of monies deposited pursuant to section 36-770. The Arizona health care cost containment system administration shall administer the account. B. The administration shall use accou…

A. The president of the senate and the speaker of the house of representatives shall establish a tobacco revenue use spending and tracking commission. B. The president of the senate and the speaker of the house of representatives shall each appoint six members to the commission w…

In this article, unless the context otherwise requires: 1. "Bioterrorism" means the intentional use of any microorganism, virus, infectious substance or biological product that may be engineered as a result of biotechnology or any naturally occurring or bioengineered component of…

A. The governor, in consultation with the director, may issue an enhanced surveillance advisory if the governor has reasonable cause to believe that an illness, health condition or clinical syndrome caused by bioterrorism, epidemic or pandemic disease or a highly fatal and highly…

A. A health care provider or medical examiner shall report to the local health authority all cases of any illness, health condition or clinical syndrome specified in the enhanced surveillance advisory. The report shall provide additional information designated in the enhanced sur…

A. During an enhanced surveillance advisory, to identify, diagnose, treat and track persons who may have been exposed to an illness, health condition or clinical syndrome identified in an enhanced surveillance advisory, the department and local health authority may access confide…

A. During an enhanced surveillance advisory, when a public safety authority learns of a suspicious disease event, or it learns of a threatened bioterrorism act at any time, it shall immediately notify the department or the local health authority, and the agency that receives this…

A. The state laboratory shall coordinate specimen testing relating to enhanced surveillance advisory. If necessary and at state expense, the department may designate other laboratories to assist it in testing specimens. B. The department shall determine the criteria necessary for…

(L21, Ch. 405, sec. 11) A. During a state of emergency or state of war emergency proclaimed by the governor in which there is an occurrence or imminent threat of an illness or health condition that is caused by bioterrorism, an epidemic or pandemic disease or a highly fatal infec…

A. During a state of emergency or state of war emergency as declared pursuant to section 36-787, the department or local health authority must initiate an investigation if that agency has reasonable cause to believe that a highly contagious and fatal disease exists within its jur…

A. The department, or local health authority may isolate or quarantine a person or group of persons through a written directive without first obtaining a written order from the court if any delay in the isolation or quarantine of the person would pose an immediate and serious thr…

A. The physician patient privilege does not prevent a person or health care provider from complying with the duty to report or provide personal information and medical information to the department or local health authority in accordance with this article. The department and loca…

A. If the department of health services adopts or establishes a crisis standards of care plan or crisis guidelines or standards to address resource allocation when the demand for certain health care services exceeds the supply of necessary resources, the plan, guidelines or stand…

In this article, unless the context otherwise requires: 1. "Food" means a food as defined in section 36-901, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption. 2. "Kratom product" means a food product or dietary ingredient con…

A. A processor or a retailer that prepares, distributes, sells or exposes for sale a food that is represented to be a kratom product shall disclose on the product label the factual basis on which that representation is made. B. A processor or retailer may not prepare, distribute,…

A. A processor or retailer may not prepare, distribute, sell or expose for sale any of the following: 1. A kratom product that is adulterated with a dangerous nonkratom substance. A kratom product is adulterated with a dangerous nonkratom substance if the kratom product is mixed …

A. In addition to the violations and remedies specified in this section, violations and enforcement of this article are governed by chapter 8 of this title. B. A processor or retailer that violates section 36-795.01, subsection B or section 36-795.02 is guilty of a class 2 misdem…

In this article, unless the context otherwise requires: 1. "Bedding" includes upholstered furniture and means any mattress, box spring, upholstered chair, couch or other upholstered device or any quilted pad, packing pad, mattress pad, hammock pad, pad, comforter, bunk quilt, sle…

A. A person shall not manufacture, repair, renovate or sell, or have in the person's possession with intent to sell, any item of bedding, unless there is securely attached a clearly visible tag made of substantial cloth or a material of equal quality and attached at the factory. …

A person shall not use materials obtained from dump grounds, junkyards or hospitals within or outside this state to manufacture, repair, rework or renovate bedding or batting.

A. A person shall not sell or include in a sale any item of secondhand bedding or any item of bedding of any type manufactured in whole or in part from secondhand material, including the component parts or wiping rags, unless the secondhand material has been treated, cleaned and …

The provisions of this article shall not apply to: 1. Bedding which has been manufactured, repaired or renovated prior to the effective date of this article. 2. Any articles of bedding sold under the order of any court. 3. The sale of bedding by a householder of bedding owned and…

A person who violates any provision of this article is guilty of a class 2 misdemeanor.

In this article, unless the context otherwise requires: 1. "Department" means the department of health services. 2. "Director" means the director of the department. 3. "HIV" means the human immunodeficiency virus.

A. The director shall establish and implement the HIV action program in the department to meet at least the following requirements: 1. On or before November 1, 2020, complete a statewide HIV prevention and care needs assessment of target populations, including people living with …

A. It is the policy of this state to make every effort to detect, as early as possible, sickle cell anemia, an heritable disorder which leads to physical defects. The director has the responsibility of designating tests and regulations to be used in executing this policy. Such te…

A. Testing for sickle cell anemia may be conducted at the following times by the department of health services: 1. Upon first enrollment of a child in an elementary school in this state. 2. For any child not tested pursuant to paragraph 1, upon first enrollment at a junior high s…

A. Subject to the availability of monies, the department of health services, through the children's rehabilitative services, may develop and operate, either directly or by contracting with public or private providers, programs for the diagnosis, care and treatment of children suf…

A. Subject to the availability of monies, the department of health services, through the children's rehabilitative services, may develop and operate, either directly or by contracting with public or private providers, programs for the diagnosis, care and treatment of adults suffe…

In this article, unless the context otherwise requires: 1. "Bar" means that portion of any premises licensed under section 4-209, subsection B, paragraph 6, 7, 11, 12 or 14 that is primarily used for the selling, consumption or serving of alcoholic beverages and that is not prima…

A. It is unlawful for a retail tobacco vendor to sell, furnish, give or provide beedies or bidis to a person who is under twenty-one years of age in this state. B. Any person who violates this section is guilty of a class 3 misdemeanor.

A. A person shall not sell tobacco products through a vending machine unless the vending machine is located in either: 1. A bar. 2. An employee lounge area that is not open to the public and the business in which the lounge area is located does not employ minors. B. A sign measur…

A. Tobacco products are prohibited on school grounds, inside school buildings, in school parking lots or playing fields, in school buses or vehicles or at off-campus school sponsored events. For purposes of this subsection, "school" means any public, charter or private school whe…

A. Except as provided in subsection B or C of this section, it is unlawful to manufacture, sell or distribute in this state either: 1. A package or other container of cigarettes that contains fewer than twenty cigarettes. 2. A package of roll-your-own tobacco that contains less t…

A. It is unlawful for a person to deliver or cause to be delivered to any residence in this state any tobacco products unsolicited by at least one adult who resides at that address. B. A person who knowingly violates subsection A of this section is guilty of a class 2 misdemeanor…

A. A person shall not do either of the following: 1. Cause a tobacco product to be ordered or purchased by anyone other than a licensed person or a retailer who orders or purchases from a licensed person, including by ordering or purchasing a tobacco product. 2. Knowingly provide…

A. A person who is at least eighteen years of age may possess, accept, receive or use a tobacco product, a vapor product or any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco or shisha as defined in section 13-3622, including a hookah or wate…

A. A city, town, county or nongovernmental organization, including a local health department or an organization that promotes scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors, or any combination of these entities, may es…

A. Notwithstanding title 13, chapter 34, an employee, volunteer or participant of a program established pursuant to section 36-798.51 may not be charged with or prosecuted for possession of any of the following: 1. A needle, hypodermic syringe or other injection supply item obtai…