Title 36 — Public Health and Safety

A. The administration shall annually include in its budget request a separate appropriations request for the comprehensive behavioral health service system for children. The request shall be based on the annual plan and assessment. All behavioral health services provided for chil…

Nothing in this article relieves the state department of corrections, the department of economic security, the department of child safety, the department of education, the Arizona health care cost containment system, the department of health services or the Arizona supreme court …

A. Pursuant to section 11-952, the administration, the department of child safety, the state department of corrections, the department of education and the supreme court shall enter into an intergovernmental agreement to develop a coordinated multiagency assessment of needs and r…

B. Monies in the fund: 1. Are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 2. Are continuously appropriated. C. The administration shall enter into an agreement with one or more contractors for children's behavioral health services using mon…

1. A process to allow a parent to annually opt into the school-based referrals. 2. A process to conduct a survey of parents whose children were referred to and received behavioral health services pursuant to this section. The survey may be completed online. The survey shall inclu…

A. The state child fatality review team is established in the department of health services. The state team is composed of the head of the following entities or that person's designee: 1. Attorney general. 2. Office of women's and children's health in the department of health ser…

B. The maternal mortality review program is composed of the maternal mortality review committee and the committee's staff. The director of the department of health services shall appoint the members of the committee. The director or the director's designee shall serve as cochairp…

A. Local child fatality review teams shall abide by the standards and protocol for local child fatality review teams developed by the state team and must have prior authorization from the state team to conduct reviews. Local teams shall be composed of the head of the following de…

A. On request of the chairperson of the state or a local child fatality review team or the maternal mortality review program and as necessary to carry out the team's or program's duties, the chairperson shall be provided within five days excluding weekends and holidays with acces…

A. The child fatality review fund is established consisting of appropriations, monies received pursuant to section 36-341, subsection E and gifts, grants and donations made to the department of health services to implement subsection B of this section. The department of health se…

A. The department of health services shall establish protocols for death scene investigations of apparent natural infant deaths. In developing the protocols the department shall consider guidelines established by national infant death organizations. B. At a minimum the protocols …

A. A law enforcement officer who in the regular course of duty investigates an unexplained infant death shall complete an infant death investigation checklist developed by the department of health services. B. The law enforcement officer shall complete the checklist before an aut…

In this article, unless the context otherwise requires: 1. "Commercial user" means a person who deals in cribs or who claims to have knowledge or skill particular to cribs or who is in the business of remanufacturing, retrofitting, selling, leasing, subletting or otherwise placin…

A. A commercial user shall not knowingly remanufacture, retrofit, lease, sublease, sell or otherwise place in the stream of commerce a crib that is in violation of 16 Code of Federal Regulations part 1303, 1508 or 1509 or that has any of the following design characteristics: 1. C…

A person may apply for a temporary restraining order or preliminary or permanent injunction from the superior court to enjoin the remanufacturing, retrofitting, leasing, subleasing, selling or otherwise placing in the stream of commerce a crib that does not comply with this artic…

For the purposes of this chapter: 1. "Health care decision maker" has the same meaning prescribed in section 12-2801. 2. "Health care provider": (a) Means a person licensed pursuant to title 32, chapter 7, 8, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 25, 28, 29, 33, 34, 35, 39, 41 …

A. Except as provided in subsection G of this section, before a health care provider delivers health care through telehealth, the treating health care provider shall obtain verbal or written informed consent, including by electronic means, from the patient or the patient's health…

This article applies to the practice of telehealth within this state. This article does not expand, reduce or otherwise amend the health care provider licensing requirements of title 32.

A. A health care provider shall not use telehealth to provide an abortion. B. A health care provider who knowingly violates this section commits an act of unprofessional conduct and is subject to license suspension or revocation pursuant to title 32. C. For the purposes of this s…

1. Whether a health care service should be provided through telehealth instead of in person. The health care provider shall use the health care provider's clinical judgment in considering whether the nature of the services necessitates physical interventions and close observation…

1. Registers with this state's applicable health care provider regulatory board or agency that licenses comparable health care providers in this state on an application prescribed by the board or agency that contains all of the following: (a) The health care provider's name. (b) …

1. One physician who is licensed pursuant to title 32, chapter 13. 2. One physician who is licensed pursuant to title 32, chapter 17 and who is practicing primary care in this state. 3. Two advanced practice registered nurses who are licensed pursuant to title 32, chapter 15. 4. …

In this article, unless the context otherwise requires: 1. "Agency" means any agency that is authorized to direct the release of a person who is serving a sentence or term of confinement or who is receiving treatment, including a state or federal prison, a county jail and the Ari…

1. From confinement if the person was convicted at any time of a sexually violent offense. 2. If the person was found guilty except insane at any time of committing a sexually violent offense. 3. If the person was charged at any time with a sexually violent offense and was determ…

A. If a person is subject to an examination under this article, each party may select a competent professional to perform simultaneous evaluations of the person. The parties may stipulate to an evaluation by only one competent professional. B. If the person is indigent, the court…

A. Before a sexually violent person is released from confinement, the following persons may file a petition in superior court alleging that the person is a sexually violent person and stating sufficient facts to support that allegation: 1. The county attorney in the county in whi…

A. On the filing of a petition pursuant to section 36-3704, the judge shall determine if probable cause exists to believe that the person named in the petition is a sexually violent person. B. If the judge determines that probable cause exists to believe that the person named in …

Within one hundred twenty days after a petition is filed pursuant to section 36-3704, the court shall conduct a trial to determine if the person named in the petition is a sexually violent person. The county attorney, attorney general or person named in the petition may request a…

A. The court or jury shall determine beyond a reasonable doubt if the person named in the petition is a sexually violent person. If the state alleges that the sexually violent offense on which the petition for commitment is based was sexually motivated, the state shall prove beyo…

A. The psychiatrist, psychologist or other competent professional of the state hospital or a licensed facility under the supervision of the superintendent of the Arizona state hospital shall annually examine each person who is committed pursuant to this article. The person who co…

A. If the superintendent of the state hospital or the director of the department of health services determines that the person's mental disorder has so changed that the person is not likely to engage in acts of sexual violence if conditionally released to a less restrictive alter…

A. If the court determines that conditional release to a less restrictive alternative is in the best interest of the person and will adequately protect the community and the court determines that the minimum conditions under section 36-3711 are met, the court shall enter judgment…

Before the court orders that a person be conditionally released to a less restrictive alternative, the court shall find that all of the following apply: 1. The person will be treated by a provider who is qualified to provide the necessary treatment in this state. 2. The provider …

A. A person who is committed or conditionally released to a less restrictive alternative pursuant to this article does not forfeit any legal right and shall not suffer any legal disability as a consequence of any actions taken or orders made except as specifically provided in thi…

A. If the petitioner or the court believes that the person who is conditionally released to a less restrictive alternative is not complying with the terms and conditions of release or is in need of additional care and treatment, the designated service provider or the attorney for…

A. If the superintendent of the state hospital or the director of the department of health services determines that the person's mental disorder has so changed that the person is not likely to engage in acts of sexual violence if discharged, the superintendent or director shall a…

The total amount of state monies that may be spent in any fiscal year by the department of health services for all aspects of the sexually violent persons program shall not exceed the amount appropriated, or authorized by section 35-173, for that purpose. This section shall not b…

A. The total amount of monies that may be spent in any fiscal year by a political subdivision pursuant to this article for all aspects of the sexually violent persons program shall not exceed the amount authorized by the budget established pursuant to section 11-201 or section 11…

A. Except as provided in subsection B of this section, a person who is detained or civilly committed pursuant to this article shall not be transported from a licensed facility under the supervision of the superintendent of the Arizona state hospital, except that a person may be t…

In this chapter, unless the context otherwise requires: 1. "Breach" has the same meaning prescribed in 45 Code of Federal Regulations, part 164, subpart D. 2. "De-identified health information" has the same meaning as described in 45 Code of Federal Regulations section 164.514. 3…

A. An individual has the following rights: 1. Except as otherwise provided in state or federal law, to opt out of having the individual's individually identifiable health information accessible through a health information organization pursuant to section 36-3803. 2. To request a…

Except as otherwise provided in state or federal law, an individual has the right to opt out of having the individual's individually identifiable health information accessible through a health information organization by providing notice as explained in the health information org…

A. A health information organization must maintain a written notice of health information practices describing the following: 1. Individually identifiable health information that is accessible through the health information organization. 2. The categories of persons who have acce…

A. Except as otherwise provided in state or federal law, disclosure of an individual's individually identifiable health information through a health information organization is allowed only if: 1. The individual has not opted out of having the individual's individually identifiab…

A health information organization must implement and enforce policies governing the privacy and security of individually identifiable health information and compliance with this chapter. These policies must: 1. Implement the individual rights prescribed in section 36-3802. 2. Add…

A. Except as otherwise provided in state or federal law, individually identifiable health information that is accessible through a health information organization is not subject to a civil litigation subpoena directed to the health information organization unless section 12-2294.…

A. A health care provider participating in a health information organization is responsible for maintaining the provider's own medical records pursuant to title 12, chapter 13, article 7.1. B. Participation in a health information organization does not impact the content, use or …

A. "Children's camp" means any land with permanent buildings, tents or other structures established or maintained as living quarters where both food and lodging or the facilities therefor are provided for minors, operated continuously for a period of five days or more each year f…

A. The department of health services is authorized and directed to issue licenses for the operation of children's camps: No children's camp shall be operated without first obtaining such a license. B. On or before May 1 annually, every person operating or seeking to operate a chi…

A. The fee for a children's camp license issued by the department of health services shall be one hundred dollars for the first license and twenty-five dollars for each renewal of the license thereafter. All funds collected from this source shall be deposited, pursuant to section…