Title 36 — Public Health and Safety

The director shall adopt rules to: 1. Prescribe reasonable and necessary measures for the submission of tuberculosis reports and statistics from counties. 2. Prescribe reasonable and necessary measures regarding standards of medical care to be used by health care providers, agenc…

A. When a local health officer is notified that an afflicted person is within the officer's jurisdiction, the local health officer shall immediately initiate an investigation. In performance of the duty to prevent or control tuberculosis, the tuberculosis control officer or local…

If, as a result of an investigation or as a result of any report required by this article, the tuberculosis control officer or local health officer believes someone is an afflicted person, the tuberculosis control officer, local health officer or designee shall encourage the affl…

A. If the tuberculosis control officer or the local health officer knows or has reasonable grounds to believe someone is an afflicted person who endangers another person or the community and the afflicted person fails or refuses to comply with voluntary examination, monitoring, t…

A. The tuberculosis control officer, the local health officer or a designated legal representative may petition the superior court for court ordered examination, monitoring, treatment, isolation or quarantine of an afflicted person who presents a substantial danger to another per…

A. The afflicted person or, if a minor or incapacitated person, the afflicted person's parent or guardian and that person's attorney have the right to be present at all hearings, subject to any conditions or procedures that are deemed appropriate or necessary by order of the cour…

A. If the court finds by clear and convincing evidence that a person is an afflicted person and presents a substantial danger to another person or to the community, the court shall order the afflicted person to do any one or more of the following pursuant to a written treatment p…

A. If the tuberculosis control officer or the local health officer determines that an afflicted person who is not currently detained is in need of immediate and acute intervention or care because the afflicted person's behavior is dangerous to another person or to the community, …

A. If the court determines that the afflicted person is or may be in need of a guardian or conservator, or both, it shall order an investigation concerning the need for a guardian or conservator and shall appoint a suitable person or agency to conduct the investigation. B. If the…

A. After an afflicted person has been taken into custody pursuant to this article, the tuberculosis control officer or local health officer is responsible for selecting a facility or quarters suitable for the comfortable, safe and humane confinement of the afflicted person, if th…

A. An afflicted person under court ordered examination, treatment, monitoring, isolation or quarantine pursuant to this article may be released before the expiration of the period ordered by the court if the petitioner or the medical director of the designated institution or prog…

This article does not allow a private or public facility or agency to restrict an afflicted person's right to choose a physician or to select the mode of treatment within the terms determined by the tuberculosis control officer or the local health officer as available and necessa…

A. An afflicted person is not required to undergo treatment under this article if that person depends exclusively on prayer or spiritual means for healing in accordance with the tenets and practices of a recognized church or religious denomination and claims an exemption on that …

A. An afflicted person who is ordered to receive court ordered examination, treatment, monitoring, isolation or quarantine pursuant to this article or, if a minor or incapacitated person, the afflicted person's parent or guardian shall be informed in writing of the following righ…

A. Orders of the tuberculosis control officer or local health officer issued pursuant to this article and procedures prescribed by this article are exempt from title 41, chapter 6 and title 12, chapter 7, article 6. B. An order of the superior court that imposes, denies, modifies…

A. A treating, screening or attending health care provider as defined in section 36-661, a clinical laboratory as defined in section 36-451 or an operator of a homeless shelter who knowingly fails or refuses to perform a duty or legal responsibility imposed pursuant to this artic…

Any person or entity that acts pursuant to this article is not subject to civil liability for good faith conduct in following or attempting to follow the requirements of this article. An act is done in good faith under this article if it is reasonable under the circumstances. Thi…

In this article, unless the context otherwise requires: 1. "Department" means the department of health services. 2. "Director" means the director of the department of health services. 3. "Midwife" means a person who delivers a baby or provides health care related to pregnancy, la…

A. Except as provided in subsection B of this section, no person may act as a midwife without being licensed pursuant to this article. B. The following persons are exempt from the licensure requirements of this section: 1. A physician licensed pursuant to title 32 who is permitte…

A person who desires to obtain a license to practice midwifery shall make written application to the director of the department of health services, upon a form to be supplied by the director and shall furnish such information as may be required by the director.

A. The director shall grant a midwife's license to a person meeting the qualifications prescribed by this article and rules adopted pursuant to this article and paying applicable fees. B. A license is valid for two years and may be renewed biennially on application to the directo…

A. The director may adopt rules necessary for the proper administration and enforcement of this article. B. The director shall, by rule: 1. Define and describe, consistent with this article and the laws of this state, the duties and limits of the practice of midwifery. 2. Adopt s…

A. The director may deny, suspend or revoke the license of any midwife who: 1. Violates any provision of this article or the rules adopted under this article. 2. Has been convicted of a felony or a misdemeanor involving moral turpitude. 3. Indulges in conduct or a practice detrim…

A. The director may investigate information that indicates that a person is violating this article. In connection with an investigation, the department may examine and copy documents and other physical evidence wherever located that relate to the conduct or competency of a midwif…

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

The director, by rule, shall establish and collect nonrefundable fees that do not exceed: 1. Twenty-five dollars for an initial application. 2. Fifty dollars for an initial license. 3. Two hundred fifty dollars for testing. 4. Fifty dollars for license renewal. 5. Ten dollars for…

It is a violation of this article for a person who is not licensed pursuant to this article to use the title "licensed midwife" and the abbreviation "L.M." or to use any other words, letters, signs or figures to indicate that the person is a licensed midwife.

The provisions of this article do not apply to a person who provides information and support in preparation for a normal labor and delivery and assists in the delivery of a baby if that person does not do the following: 1. Advertise as a midwife or as a provider of midwife servic…

In this article, unless the context otherwise requires: 1. "Certified community health worker" means a community health worker to whom the department has issued a certificate to practice as a certified community health worker in this state. 2. "Community health worker" means a no…

A. A person may apply to the director for a certificate to practice as a certified community health worker on a form prescribed by the director and shall furnish information required by the director. B. The director shall grant a community health worker certificate to a person wh…

A. The director, by rule, shall: 1. Prescribe the scope of practice and the core competencies of certified community health workers, including skills and areas of knowledge that are essential to bring about expanded health and wellness in diverse communities and to reduce health …

A. The director may deny, suspend or revoke the certificate of any community health worker who: 1. Violates any provision of this article or rule adopted pursuant to this article. 2. Has been convicted of a felony or a misdemeanor involving moral turpitude. 3. Indulges in conduct…

The director may investigate information that indicates a person may be violating this article. In connection with an investigation, the director may examine and copy documents and other physical evidence wherever located that relate to the conduct or competency of a community he…

The director, by rule, shall establish and collect nonrefundable fees for certification that are consistent with fees that are prescribed pursuant to section 36-1908. The department shall deposit the fees in a segregated account in the health services licensing fund established b…

This article does not require community health workers to be certified by the department in order to practice as a community health worker.

[Repealed or reserved.]

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. "Doula" means a trained nonmedical professional who may provide continuous physical, emotional and informational…

A. A person may apply to the director for a certificate to practice as a state-certified doula on a form prescribed by the director and shall furnish the information required by the director. B. The director shall grant a certificate to a doula who: 1. Meets the qualifications pr…

A. The director, by rule, shall: 1. Outline the scope of practice and the core competencies of state-certified doulas regarding the skills and areas of knowledge that are essential to expand health and wellness, to reduce health disparities and to promote culturally relevant prac…

A. An applicant for certification under this article shall do all of the following: 1. Provide one of the following: (a) Documentation of completing at least thirty hours of in-person instruction or a combination of in-person and online instruction in core competency topics that …

A. The director may deny, suspend or revoke the certificate of any state-certified doula who: 1. Violates any provision of this article or rule adopted pursuant to this article. 2. Indulges in conduct or a practice that is detrimental to the public health or safety. B. The depart…

The director may investigate information that indicates a person may have violated or may be violating this article. In connection with an investigation, the director may examine and copy documents and other physical evidence wherever located that relate to the conduct or compete…

The director, by rule, shall establish and collect nonrefundable fees for state-certified doula certification that are consistent with fees prescribed pursuant to section 36-1908. The department shall deposit the fees in a segregated account in the health services licensing fund …

This article does not require a doula to be certified by the department in order to practice as a doula in this state.

This state and any political subdivision of this state may not provide a preference in awarding a public contract for state-certified doula services or an entity that employs state-certified doulas.

B. The director shall consult with the advisory committee regarding implementing this article and the rules adopted pursuant to this article. The advisory committee shall: 1. Develop a list of acceptable organizations that provide certification based on the minimum qualifications…

(Caution: 1998 Prop. 105 applies) A. The tobacco products tax fund is established consisting of revenues deposited in the fund pursuant to section 42-3251.01 and interest earned on those monies. The Arizona health care cost containment system administration shall administer the f…

A. The tobacco tax and health care fund is established. The fund consists of all revenues deposited in the fund pursuant to sections 42-3252 and 42-3302 and interest earned on those monies. On notice from the department, the state treasurer shall invest and divest monies in the f…

(Caution: 1998 Prop. 105 applies) A. In addition to the monies deposited pursuant to section 36-770, twenty-three cents of each dollar in the tobacco tax and health care fund shall be deposited in the health education account for programs for the prevention and reduction of tobac…

A. Five cents of each dollar in the tobacco tax and health care fund shall be deposited in the health research account for research on preventing and treating tobacco-related disease and addiction. B. The department of health services shall administer the account. C. Monies that …