Title 36, Public Health and Safety

A. The administration may not submit to the centers for medicare and medicaid services, or the successor agency, a new amendment proposal for a demonstration waiver under section 1115 of the social security act, or include any new proposed provision in a section 1115 waiver exten…

Beginning from and after June 30, 2025, pursuant to the parents as paid caregivers program amendment approval by the centers for medicare and medicaid services to this state's section 1115(a) demonstration waiver dated February 16, 2024, the administration and the department shal…

Subject to the approval by the centers for medicare and medicaid services, a parent must be a resident of this state for at least six months to be eligible to provide care under the parents as paid caregivers program.

In this chapter, unless the context otherwise requires: 1. "Administration" means the Arizona health care cost containment system administration. 2. "Advisory council" means the Arizona state advisory council on the seriously mentally ill. 3. "Children" means persons who are unde…

A. In addition to the powers and duties prescribed in chapter 29 of this title, in carrying out the duties of this chapter, the director may: 1. Employ professional, secretarial and clerical staff as are determined necessary by the director to carry out the functions and duties o…

A. The administration shall present a budget request that includes all information on the potential availability of other monies, including federal monies, that may be used in the following fiscal year to fund behavioral health services other than with respect to the operation of…

A. On or before January 1 of each year, the director shall submit a financial and programmatic report for the preceding fiscal year to the governor, the speaker of the house of representatives and the president of the senate. B. The report required pursuant to subsection A of thi…

A. The Arizona state advisory council on the seriously mentally ill is established. B. The advisory council shall consist of the director or the director's designee and the following nine members appointed by the governor: 1. One member representing an advocacy group for the seri…

The administration shall contract for the provision of the following services relating to the seriously mentally ill: 1. Community education to increase public awareness of the needs of persons experiencing behavioral health problems. 2. Coordinated screening and intake. 3. A coo…

A. Any person or the person's parent or legal guardian who requests behavioral health services pursuant to this chapter shall comply with a preliminary financial screening and eligibility process developed by the Arizona health care cost containment system administration and admi…

A. Clients who are eligible for nontitle XIX services from the administration shall be required to pay fees for services. B. The administration shall establish a schedule for fees charged for services provided by public or private agencies receiving state monies pursuant to this …

A. If the administration contracts with behavioral health contractors that would act as regional behavioral health authorities or directly with a service provider for behavioral health services, the administration and each behavioral health contractor or service provider shall pr…

A. The administration shall ensure that behavioral health service providers are reimbursed within ninety days after the service provider submits a clean claim to a regional behavioral health authority. B. Any contract issued by or on behalf of the administration for the provision…

A. The director shall prepare and issue a request for proposals for behavioral health services consistent with sections 36-2906 and 36-2906.01. B. Consistent with section 36-2903, subsection M, the administration's contracts with regional behavioral health authorities shall inclu…

A. The administration shall require all regional behavioral health authorities to establish and implement a grievance and appeal process for use by service providers and by individuals receiving and requesting services. The administration shall stipulate any required elements of …

A. The administration shall report annually to the joint legislative budget committee on each fiscal year's medicaid and nonmedicaid behavioral health expenditures, including behavioral health demographics that include client income, utilization and expenditures, medical necessit…

A. The administration may contract for art therapy services, directly or through a contractor, only with an art therapist who holds an active national board certification in art therapy from the art therapy credentials board or who is a master's level graduate in art therapy unde…

A. The administration shall develop and implement a comprehensive behavioral health service system for children that includes the following: 1. Annual needs assessment and resource assessment studies. 2. Annual planning to develop policy issues, programs and services. 3. Communit…

The administration shall develop a plan for each fiscal year identifying the services, the estimated number of clients and an appropriations request for the purposes of systematic development and implementation of the comprehensive behavioral health service system for children. T…

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…

A. The children's behavioral health services fund is established consisting of monies appropriated to the fund, any gifts or donations to the fund and interest earned on those monies. The director shall administer the fund. B. Monies in the fund: 1. Are exempt from the provisions…

A. Before a school provides school-based referrals for behavioral health services to a contracted behavioral health services provider either pursuant to the children's behavioral health services fund established by section 36-3436 or for services provided through the Arizona heal…

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…

A. The maternal mortality review program is established to evaluate the incidence, causes and preventability of pregnancy-associated deaths. The program shall coordinate and facilitate case reviews by the maternal mortality review committee. In collaboration with the maternal mor…

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…

In this chapter, unless the context otherwise requires: 1. "Health care decision maker" has the same meaning prescribed in section 12-2801. 2. "Health care provider": (a) Means a person who is licensed pursuant to title 32, chapter 7, 8, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 25…

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…

Consistent with the best practice guidelines adopted by the telehealth advisory committee on telehealth best practices established by section 36-3607, a health care provider shall make a good faith effort in determining both of the following: 1. Whether a health care service shou…

A. A health care provider who is not licensed in this state may provide telehealth services to a person located in this state if the health care provider complies with all of the following: 1. Registers with this state's applicable health care provider regulatory board or agency …

A. The telehealth advisory committee on telehealth best practices is established consisting of the following members who are appointed by the governor: 1. One physician who is licensed pursuant to title 32, chapter 13. 2. One physician who is licensed pursuant to title 32, chapte…

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…

A. If an agency that has jurisdiction over a person who is at least eighteen years of age determines that the person may be a sexually violent person, the agency shall submit a written request that a petition be filed to the county attorney in the county in which the person was c…

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 …