Title 36, Public Health and Safety

(L24, Ch. 222, sec. 53. Eff. until 7/1/28) A. The nursing care institution administrators' licensing and assisted living facility managers' certification fund is established. B. Pursuant to sections 35-146 and 35-147, the board shall deposit fifteen percent of all monies collecte…

A. Any person who manages, directs and controls the operation of a nursing care institution or an assisted living facility without a current and valid license or certificate as required by this article or who otherwise violates any provisions of this article is guilty of a class …

A. Except as provided in subsection B, all records concerning a pending investigation, examination materials, records of examination grading and applicants' performance and transcripts of educational institutions concerning applicants are confidential and are not public records. …

Members, employees and agents of the board and members of review committees shall not be held civilly liable for acts done or actions taken by any of these persons if such persons act in good faith following the requirements of this article. A person who in good faith reports or …

A. The board by rule shall establish nonrefundable fees and penalties for the following for nursing care institution administrators: 1. Initial application. 2. Examination for licensure as a nursing care institution administrator. 3. A license as a nursing care institution admini…

A. On application by the board, the superior court may issue an injunction to enjoin the activities of a person who purports to be licensed pursuant to this article or who is engaging in the activities of a nursing care institution administrator without a license. B. In a petitio…

A. A referral agency shall disclose, in the form prescribed by subsection D of this section, to any prospective resident or representative of a prospective resident at the time or before any referral is made for care at an assisted living facility or assisted living home all of t…

A. Notwithstanding any other law, a person who successfully completes the training and competency requirements developed by the Arizona health care cost containment system administration for in-home direct care workers satisfies the training requirements for assisted living facil…

A. Except as provided in section 36-446.15, an individual shall successfully complete either of the following requirements for certification as an assisted living facility caregiver: 1. Both of the following: (a) Sixty-two hours of on-the-job training under the direct supervision…

A. A nursing care institution, before admitting a patient, shall give the patient and his representative a booklet developed by the Arizona health care cost containment system administration pursuant to section 36-2936 that describes in clear and simple language the availability …

A. A nursing care institution's quality assessment and assurance committee established pursuant to 42 Code of Federal Regulations section 483.75(o) may establish written guidelines or procedures for making therapeutic substitutions if the committee membership also includes a phar…

In this article, unless the context otherwise requires: 1. "Medication-assisted treatment" has the same meaning prescribed in section 32-3201.01. 2. "Pain management clinic": (a) Means a health care institution or a private office or clinic of a health care provider licensed unde…

A. Beginning January 1, 2019, a pain management clinic shall meet the same licensure requirements as prescribed in article 2 of this chapter for health care institutions. At the time of licensure, a pain management clinic shall submit to the director all documentation required by…

In this article, unless the context otherwise requires: 1. "Recovery care center" means a health care institution or subdivision of a health care institution that provides medical and nursing services limited to recovery care services. 2. "Recovery care services" means postsurgic…

A. Except as otherwise provided in this article, a recovery care center shall meet the same licensing requirements as prescribed in article 2 of this chapter for health care institutions. B. A recovery care center that holds an unclassified health care facility license issued bef…

A. The governing authority of a recovery care center shall adopt bylaws that identify the purposes and basic governance of the recovery care center. The governing authority shall appoint an administrator for the management of the recovery care center. The administrator is directl…

A. A recovery care center shall maintain written admission and discharge policies that are consistent with appropriate patient care and with the purposes of the recovery care center as established in its bylaws adopted pursuant to section 36-448.53. B. An employee authorized to a…

A. A recovery care center shall have an organized medical staff responsible to the governing authority for the quality of medical care provided to patients and for the ethical and professional practices of its members. Subject to final action by the governing authority, the medic…

In this article, unless the context otherwise requires: 1. "Abortion" means the use of any means with the intent to terminate a woman's pregnancy for reasons other than to increase the probability of a live birth, to preserve the life or health of the child after a live birth, to…

A. Beginning on April 1, 2000, an abortion clinic shall meet the same licensure requirements as prescribed in article 2 of this chapter for health care institutions. At the time of licensure, an abortion clinic shall submit to the director all documentation required by this artic…

A. The director shall adopt rules for an abortion clinic's physical facilities. At a minimum these rules shall prescribe standards for: 1. Adequate private space that is specifically designated for interviewing, counseling and medical evaluations. 2. Dressing rooms for staff and …

In this article, unless the context otherwise requires: 1. "Health professional" has the same meaning prescribed in section 32-3201. 2. "Professional standards of practice" means practicing within the scope of licensure. 3. "Retaliatory action" means termination of or other adver…

A. Each health care institution licensed pursuant to this chapter shall adopt a procedure for reviewing reports made in good faith by a health professional concerning an activity, policy or practice that the health professional reasonably believes both: 1. Violates professional s…

A. Each health care institution that is licensed pursuant to this chapter shall adopt a policy that prohibits retaliatory action against a health professional who in good faith: 1. Makes a report to the health care institution pursuant to the requirements of section 36-450.01. 2.…

In this chapter, unless the context otherwise requires: 1. "Administration" means the Arizona health care cost containment system administration. 2. "Admitting officer" means a psychiatrist or other physician or psychiatric and mental health nurse practitioner with experience in …

A. The administration is responsible for monitoring, overseeing and evaluating its contractors and the contracted agencies providing services under this chapter to ensure that the services are provided in a timely, clinically effective and efficient manner. The administration and…

A. The director of the department shall make rules that include standards for the state hospital when providing services as an evaluation agency or mental health agency and shall prescribe forms as may be necessary for the proper administration and enforcement of those responsibi…

The medical director of an evaluation agency or the medical director of a mental health treatment agency may deputize, in writing, subject to the approval of the governing body of the agency, any qualified psychiatrist or licensed physician on the staff of the agency to do or per…

Whenever a physician or other person files a petition for court-ordered evaluation or court-ordered treatment on behalf of a state or county screening, evaluation or mental health treatment agency, the attorney general or the county attorney for the county in which the proceeding…

A. When in any section of articles 4 and 5 of this chapter, a court, a person, an evaluation agency or a mental health treatment agency is allowed to authorize, request or order the apprehension and transportation of a patient or proposed patient by a peace officer to an evaluati…

The Arizona state hospital shall collect census data for adult civil commitment treatment programs to establish maximum capacity and the allocation formula required by section 36-206, subsection D. The Arizona state hospital or the department of health services is not required to…

A. The department shall identify and compile relevant educational materials and information for health care professionals and patients regarding maternal mental health conditions, including postpartum depression, that have been developed by organizations with expertise in materna…

A. Every person undergoing treatment or evaluation pursuant to this chapter is entitled to the rights set forth in this chapter and to rights that the director specifies by rule. A list of patients' rights as required by this chapter and by the administration shall be compiled an…

Guardians and agents who have decisional authority to make personal, medical and treatment decisions for a patient pursuant to an order of the court or pursuant to a validly executed mental health power of attorney in which the principal has been found incapable of giving informe…

At all hearings conducted pursuant to this chapter, persons shall have the right to an analysis of their psychological condition by an independent evaluator.

A. Persons undergoing evaluation or treatment pursuant to this chapter shall not be denied any civil right, including but not limited to, the right to dispose of property, sue and be sued, enter into contractual relationships and vote. Court-ordered treatment or evaluation pursua…

Every person undergoing evaluation or treatment pursuant to this chapter: 1. Has the right not to be fingerprinted. 2. Has the right not to be photographed without consent of the person and the person's attorney or guardian, except that the person may be photographed upon admissi…

A. When a patient is admitted on an inpatient basis to a mental health treatment agency pursuant to section 36-540, the articles of personal property which cannot be used by the patient at the institution shall be placed under the control and management of the patient's guardian …

A. A health care entity must keep records and information contained in records confidential and not as public records, except as provided in this section. Records and information contained in records may be disclosed only as authorized by state or federal law, including the healt…

A. Except as otherwise provided by law, court rule or court order, the case records of and case information regarding a court proceeding brought under article 4 or 5 of this chapter are not open to public access or inspection. B. The court, for good cause shown, may authorize the…

If a patient of a mental health treatment agency works, this work shall be in the patient's interest. If the primary purpose of this work is to benefit the mental health treatment agency or any agency of the state, the patient shall be employed and paid in accordance with law. If…

A. A person who is ordered to undergo involuntary evaluation has the right to receive by personal service the documents specified in section 36-529, subsection E. A person who is the subject of a petition for court-ordered treatment has the right to receive by personal service th…

A. Subject to the right to refuse psychiatric and medical treatment pursuant to sections 36-512 and 36-513 and pursuant to rules of the administration, every person undergoing evaluation or treatment pursuant to this chapter shall receive physical and psychiatric care and treatme…

A person undergoing evaluation or treatment has a right to refuse any and all medical treatment unless ordered by the court, except that when, in the written opinion of the attending physician, a true medical emergency exists and medical care and treatment including surgical proc…

A person undergoing evaluation pursuant to article 4 of this chapter shall not be treated for his mental disorder unless he consents to such treatment, except that seclusion and mechanical or pharmacological restraints may be employed in the case of emergency for the safety of th…

A. Every person who is detained for evaluation or treatment pursuant to this chapter shall have the following additional rights: 1. To be visited by the person's personal physician or other health care professional, guardian, agent appointed pursuant to chapter 32 of this title, …