Title 36 — Public Health and Safety

1. A requirement that each transitional housing facility develop policies and procedures to promote reentry of individuals into society after incarceration by requiring the individuals to participate in treatment, self-help groups or other community support. 2. Policies requiring…

[Repealed or reserved.]

B. A transitional housing facility license does not expire and remains valid unless either: 1. The department subsequently revokes or suspends the license pursuant to this article and the rules adopted pursuant to this article. 2. The license is considered void because the licens…

[Repealed or reserved.]

1. The death of an individual residing in a transitional housing facility if the resident's death is required to be reported pursuant to section 11-593, including whether the death may have been drug-related. 2. A sex-related crime may have been committed at the transitional hous…

In this chapter, unless the context otherwise requires: 1. "Compliance testing" means laboratory analysis of any matter, pollutant, contaminant, hazardous substance or other substance subject to regulation pursuant to: (a) Title 49 or rules adopted or enforced by the department o…

A. On or before July 1, 1991, the department shall license environmental laboratories engaged in compliance testing. Upon application for an environmental laboratory license, the department shall issue the license if, after investigation, the department determines that the applic…

A. This chapter does not apply to an environmental laboratory in this state that is: 1. Certified or designated by the United States environmental protection agency as the laboratory that provides analytical services to this state required for the delegation of primary enforcemen…

A. Unless exempted pursuant to section 36-495.02, a person who operates or maintains an environmental laboratory located in this state shall file an application with the department at least thirty days before the anticipated operation of a new laboratory for an environmental labo…

The director of an environmental laboratory shall: 1. Ensure that all services and tests provided by the laboratory are performed in compliance with this chapter or rules adopted pursuant to this chapter. 2. Direct and supervise services and tests provided by the laboratory and b…

A. The department may issue a provisional license for a period of not more than twelve months at the time it issues a notice of suspension of a regular license. The department may suspend a regular license if an inspection or investigation of a laboratory reveals a violation of t…

A. The department shall charge and collect a nonrefundable fee for a regular or a renewal license. B. The director shall establish by rule a fee schedule that does not exceed the cost to the department to conduct an on-site inspection, approve third party accreditation, verify in…

A. The department may make an initial inspection, and thereafter an annual inspection, of each laboratory to determine compliance with this chapter or rules adopted pursuant to this chapter. B. An application for licensure pursuant to this chapter constitutes permission for the d…

A laboratory shall make available to the department on written request information and data concerning its operation, techniques and procedures. The department may require that the information be submitted under oath and signed by the owner or director of the laboratory. The depa…

A. Pursuant to title 41, chapter 6, article 10, the director may deny, revoke or suspend the license of a laboratory if its owners, officers, agents or employees do any of the following: 1. Violate this chapter or rules adopted pursuant to this chapter. 2. Issue or cause to be is…

A. The operation or maintenance of an environmental laboratory that does not hold a current or valid license or that exceeds the range of the services or tests authorized by a license issued pursuant to this chapter is a public nuisance. The director, in addition to other remedie…

A. A person is guilty of a class 3 misdemeanor if he: 1. Operates, maintains, directs or engages in the business of operating an environmental laboratory without a license issued by the department. 2. Knowingly violates a provision of this chapter or a rule adopted pursuant to th…

A. The department may assess a civil penalty in an amount of not more than three hundred dollars for each violation of this chapter after a hearing is conducted pursuant to title 41, chapter 6, article 10. Each day that a violation continues constitutes a separate violation. B. T…

A. In addition to the rules required by section 36-495.01, the director may adopt other rules and prescribe forms that are necessary for the administration and enforcement of this chapter. B. The director may issue interpretive guidelines on subjects relating to the rules adopted…

A. Except as provided in this section, a laboratory located outside of this state that performs compliance testing shall be licensed pursuant to this chapter. The laboratory shall pay all applicable fees and is subject to the same investigatory and disciplinary powers of the depa…

A. The environmental laboratory licensure revolving fund is established in the department which consists of monies from gifts, grants, donations, fees derived from department sponsored workshops, conferences and seminars and fees collected pursuant to this chapter. B. Subject to …

A. The environmental laboratory advisory committee is established consisting of members selected by the director. The director shall select members who represent a variety of persons affected by this article. Committee members serve at the pleasure of the director. B. The committ…

In this chapter, unless the context otherwise requires: 1. "Adaptive behavior" means the effectiveness or degree to which a person meets the standards of personal independence and social responsibility expected of the person's age and cultural group. 2. "Adult developmental home"…

A. A person with a developmental disability in this state shall not be denied as the result of the developmental disability the rights, benefits, and privileges guaranteed by the constitution and laws of the United States and the constitution and laws of this state. The rights of…

A. The department shall function as the developmental disabilities authority for the state of Arizona. B. No provisions of this chapter shall be construed to give the department control of lawful activities of other governmental agencies or of activities of the universities or co…

A. The developmental disabilities advisory council is established consisting of the following members: 1. One parent or guardian of a child who is under eighteen years of age and who has a developmental disability. 2. One parent or guardian of a child who is eighteen years of age…

A. The director shall: 1. Be responsible for developing and annually revising a statewide plan and initiating statewide programs and services for persons with developmental disabilities in locations where the programs and services are necessary, which shall include: (a) Child ser…

A. The department may conduct jointly, directly or indirectly, with a school district the placement evaluation of a person with a developmental disability who has applied for or is receiving developmental disability programs or services from the department and who is either enrol…

The department of economic security shall coordinate with the department of health services in: 1. The development of specialized programs for persons with developmental disabilities at the state hospital. 2. Planning and providing residential care services and related child, adu…

A. The department may use state and federal monies that are appropriated or otherwise available to it for this purpose to assist in establishing and maintaining local developmental disability services by public or private nonprofit or profit agencies. The monies may be expended a…

A. In addition to the Arizona training program facilities at Randolph and Tucson, the director shall establish and maintain a state owned and operated service center in Phoenix and other developmental disabilities programs and services at other locations throughout the state, sub…

A. The department shall operate directly or support and supervise child developmental homes and foster homes licensed pursuant to title 8, chapter 4, article 4 to provide specialized foster care to persons with developmental disabilities. Such homes shall be operated for persons …

The state operated service center shall provide temporary residential care and space for child and adult services. Residential care includes respite services, crisis intervention and diagnostic evaluation.

A. Except as provided in subsection B of this section, a person with a developmental disability is eligible to apply for developmental disabilities programs, services and facilities operated by, licensed and supervised by or supported by the department if such person: 1. Is a bon…

A. Persons shall be admitted to developmental disabilities programs or services operated by or supported by the department only pursuant to the procedures prescribed in this chapter. An application for admission shall be submitted on forms provided by the department in accordance…

A. No psychosurgery, insulin shock or electroshock treatment or experimental drugs shall be administered by the department to any client, nor shall the department license, approve or support any program or service which uses such treatment or drugs. B. The department shall adopt …

A. Money for the support of a person with a developmental disability in a residential program operated or supported by the department, except for children placed in special foster homes as described in section 36-558.01, pursuant to sections 8-242, 8-514.01 and 8-845, shall be pa…

A. This section governs the review and appeal procedure for decisions relating to the admission, evaluation, assignment to programs and services, care and treatment, discharge from a program or service provided through the department and contributions for residential programs or …

A. Guardians for clients acting under the provisions of this chapter shall be appointed pursuant to title 14, chapter 5, articles 1, 2, 3 and 6. B. The department shall request the appointment of a guardian for minor clients receiving services under the provisions of this chapter…

A. Evaluations of the client's placement shall be made at six-month intervals after a client with a developmental disability has been enrolled in a developmental disabilities program or services operated by or supported by the department. The department, upon such evaluation, sha…

A. Upon written request from the responsible person for termination of the client from a developmental disabilities program or service operated directly or indirectly by the department, or when it has been determined at an evaluation that the client has the necessary independent …

A. The division shall require qualifications for persons who provide music therapy services through a contract to persons with developmental disabilities. At a minimum these qualifications shall require current certification by a national certification board for music therapists.…

A. A service provider that operates a group home, a nursing-supported group home or an intermediate care facility for persons with intellectual disabilities may install, oversee and monitor electronic monitoring devices in common areas, including hallways, of the group home, nurs…

A. All information obtained and records prepared in the course of providing any services under this chapter to clients shall be confidential and privileged matter. Such information and records may be disclosed only as authorized by state or federal law, including the health insur…

1. Medical records. 2. Behavioral health records. 3. Information relating to the person's condition and treatment. 4. The person's prescription and nonprescription drugs, medications, durable medical equipment, devices and related information. B. Notwithstanding subsection A, a c…

A. Improper, abusive treatment or neglect of a person with a developmental disability is prohibited. For the purposes of this section: 1. "Abusive treatment" means: (a) Physical abuse by inflicting pain or injury to a client. This includes hitting, kicking, pinching, slapping, pu…

A. Beginning on or before November 1, 2016, the department shall submit an annual update for review by the joint legislative budget committee on the department's plans for the Arizona training program and associated group homes. The update shall include a potential timetable for …

A. The developmental disabilities fund is established consisting of appropriations and other monies for use for developmental disabilities. The department shall receive and disburse monies in the fund upon claims signed by the director or other person in the department designated…

A. A client with a developmental disability services trust fund is established. B. The fund consists of donations and the proceeds of the sale or lease of the real property and buildings and improvements on the real property used by the department of economic security for the Ari…

On or before January 1 each year, the department of economic security shall provide an annual report to the chairpersons of the health and human services committees of the senate and the house of representatives, or their successor committees, the directors of the Arizona health …