Title 36 — Public Health and Safety

A person shall not knowingly perform or induce an abortion before that person completes an affidavit that: 1. States that the person making the affidavit is not aborting the child because of the child's sex or race or because of a genetic abnormality of the child and has no knowl…

1. In the case of a woman seeking an abortion of her unborn child diagnosed with a lethal fetal condition, at least twenty-four hours before the abortion the physician who is to perform the abortion or the referring physician has informed the woman, orally and in person, that: (a…

A. Except in a medical emergency, a person shall not perform, induce or attempt to perform or induce an abortion unless the physician or the referring physician has first made a determination of the probable gestational age of the unborn child. In making that determination, the p…

B. A manufacturer, supplier or physician or any other person is prohibited from providing an abortion-inducing drug via courier, delivery or mail service. C. This section does not apply to drugs that may be known to cause an abortion but that are prescribed for other medical indi…

A. A hospital or facility in this state where abortions are performed must submit to the department of health services on a form prescribed by the department a report of each abortion performed in the hospital or facility. The report shall not identify the individual patient by n…

A. A health professional who provides medical care or treatment to a woman who, in the good faith judgment of the health professional, is in need of medical care because of a complication or complications resulting from having undergone an abortion or attempted abortion must file…

A. A physician in this state who provides informed consent information regarding abortion pursuant to section 36-2153 or performs fetal ultrasound imaging and auscultation of fetal heart tone services pursuant to section 36-2156 or who delegates to a person authorized by section …

A. A report required by this article shall not contain the name of the woman, common identifiers such as the woman's social security number, driver license number or insurance carrier identification numbers or any other information or identifiers that would make it possible to id…

This article does not establish or recognize a right to an abortion and does not make lawful an abortion that is otherwise unlawful.

In this chapter, unless the context otherwise requires: 1. "Advance practice provider" means a physician assistant as defined in section 32-2501 or a registered nurse practitioner as defined in section 32-1601. 2. "Behavioral health provider" means a physician who is a board-cert…

A. The primary care provider loan repayment program is established in the department to pay off portions of education loans taken out by physicians, dentists, pharmacists, advance practice providers and behavioral health providers. B. The department shall prescribe application an…

A. A physician or an advance practice provider who provides obstetrical services in rural areas of this state may apply for and receive financial assistance to offset medical malpractice premium expenses. B. To be qualified for assistance, a person shall apply to the department o…

A. Subject to the availability of monies, the department shall establish a rural private primary care provider loan repayment program for physicians, dentists, pharmacists, behavioral health providers and advance practice providers with current or prospective rural primary care p…

B. The department shall prescribe application and eligibility requirements. To be eligible to participate in the behavioral health care provider loan repayment program, an applicant shall meet at least the following requirements: 1. Have completed the final year of a course of st…

A. Except as otherwise provided by law, no person, corporation, association, organization, state-supported institution, or individual employed by any of same may procure, solicit to perform, arrange for the performance of, or perform surgical procedures upon a minor without first…

A. Except as otherwise provided by law or a court order, no person, corporation, association, organization or state-supported institution, or any individual employed by any of these entities, may procure, solicit to perform, arrange for the performance of or perform mental health…

A. A person shall not deny or deprive an infant of nourishment with the intent to cause or allow the death of the infant for any reason including: 1. The infant was born with a disability. 2. The infant is not wanted by the parent, parents or guardian. 3. The infant is born alive…

A. Any health care institution with a perinatal, obstetrical or pediatric unit shall inform its administrators and other employees associated with the perinatal, obstetrical or pediatric unit of: 1. Their duty pursuant to section 13-3620 to report any denial or deprivation of nec…

Any health care institution with a perinatal, obstetrical or pediatric unit shall make available to each parent of any newborn child born with an identifiable disability information it receives from public or private agencies regarding agencies which are available to provide the …

A. All health care institutions that provide health care services to infants are encouraged to establish infant care review committees to assist the institutions in delivering health care and related services to infants and in complying with sections 36-2281 and 36-2283. Two or m…

A. If an abortion is performed and a human fetus or embryo is delivered alive, it is the duty of any physician performing such an abortion and any additional physician in attendance as required by section 36-2301.01 to see that all available means and medical skills are used to p…

A. A physician shall not knowingly perform an abortion of a viable fetus unless: 1. The physician states in writing before the abortion is performed that the abortion is necessary to preserve the life or health of the woman, specifying the medical indications for and the probable…

A. Beginning on January 1, 2001, a person shall not knowingly perform an abortion after twelve weeks' gestation unless the person estimates the gestational age of the fetus based on biparietal diameter and femur length according to the hadlok measurement system or other equivalen…

A. A person may not use a human fetus or embryo or any part, organ or fluid of the fetus or embryo resulting from an abortion in animal or human research, experimentation or study or for transplantation, except for either of the following: 1. Diagnostic or remedial procedures for…

Any person who violates any provision of this article is guilty of a class 5 felony.

In this article, unless the context otherwise requires: 1. "Destructive human embryonic stem cell research" means any research that involves the disaggregation of any human embryo for the purpose of creating human pluripotent stem cells or human pluripotent stem cell lines. 2. "H…

A. A person shall not intentionally or knowingly create or attempt to create an in vitro human embryo by any means other than fertilization through the combining of a human egg with a human sperm. B. A person shall not intentionally or knowingly: 1. Create or attempt to create a …

A. A person shall not intentionally or knowingly engage in destructive human embryonic stem cell research. B. A person who violates this section is guilty of a class 6 felony.

1. "Abortion" has the same meaning prescribed in section 36-2151. 2. "Attempt to perform or induce an abortion" means to do or to omit doing anything that, under the circumstances as the physician believes them to be, is an act or omission that constitutes a substantial step in a…

B. Except in a medical emergency, a physician may not intentionally or knowingly perform, induce or attempt to perform or induce an abortion if the probable gestational age of the unborn human being has been determined to be greater than fifteen weeks. C. In every case in which a…

[Repealed or reserved.]

B. A pregnant woman on whom an abortion is performed, induced or attempted in violation of section 36-2322 may not be prosecuted for conspiracy to commit any violation of this article.

B. A physician who knowingly or intentionally delivers to the department any report required by section 36-2322, subsection C that contains a false statement is subject to a civil penalty of not more than $10,000 imposed by the department. C. A physician who knowingly or intentio…

[Repealed or reserved.]

In this chapter, unless the context otherwise requires: 1. "Construction" means building, erection, fabrication or installation. 2. "Coordinating medical provider" means a physician or group of physicians, or any combination thereof, which has entered into an agreement with a cou…

A. The department shall designate areas of medical need in this state as medically-underserved if either: 1. The area is designated as a health professional shortage area as defined in 42 Code of Federal Regulations part 5. 2. The area is designated as medically underserved by th…

A. For each area designated as medically-underserved, the department may assist counties, incorporated cities and towns or health service districts to recruit a coordinating medical provider. Selection of a coordinating medical provider shall be based upon such provider's proximi…

A coordinating medical provider for a medically-underserved area shall perform certain functions as determined by the department in order to ensure the provision of adequate medical care by the medical clinic. These functions may include: 1. Diagnostic services through a communic…

Counties may enter into intergovernmental agreements pursuant to title 11, chapter 7, article 3, whereby indigents may receive medical services covered by the county indigent medical program in their county of residence at the nearest medical clinic, regardless of location. Such …

In this article, unless the context otherwise requires: 1. "Health care entity" means any of the following: (a) A licensed health care provider. (b) An entity that provides health care services through one or more licensed health care providers. (c) An entity that contracts to pr…

A. State health care providers, hospitals and outpatient surgical centers shall, and other health care entities may, conduct quality assurance activities. B. A health care entity may share quality assurance information with appropriate state licensing or certifying agencies and w…

A. Quality assurance information shall be confidential and is not subject to subpoena or order to produce except in proceedings before the appropriate state licensing or certifying agency, or in actions by a licensed health care provider against a health care entity arising from …

A. Beginning January 1, 2018, a custom orthotic or custom prosthetic device furnished to an individual shall meet all of the following requirements: 1. Except for a custom orthotic or custom prosthetic device provided by a health care provider who is licensed pursuant to title 32…

In this chapter, 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. "Laetrile", also known as amygdalin or vitamin B-17, means a cyano-genetic glycoside, which i…

A. Laetrile may be distributed or sold by any person within this state and no special license or prescription shall be required for the sale or distribution of this nutritional supplement. B. The label or other device affixed to a container containing laetrile shall: 1. Clearly i…

A. The department shall periodically inspect each location in which laetrile is manufactured, prepared and packaged in this state to verify compliance with sanitary standards. B. Upon determining that a violation of sanitary standards has occurred at a location in which laetrile …

A. In this chapter, unless the context otherwise requires: 1. "Board" means the Arizona state board of pharmacy. 2. "Cannabis" means the following substances under whatever names they may be designated: (a) Marijuana. (b) All parts of any plant of the genus cannabis, whether grow…

(L21, Ch. 61, sec. 12) The controlled substances listed or to be listed in the schedules in sections 36-2512, 36-2513, 36-2514, 36-2515, 36-2516 and 36-2517 or the rules adopted pursuant to this article are included by whatever official, common, usual, chemical or trade name desi…

(L25, Ch. 231, sec. 1; Conditionally Eff.) The controlled substances listed or to be listed in the schedules in sections 36-2512, 36-2513, 36-2514, 36-2515, 36-2516, 36-2517 and 36-2517.02 or the rules adopted pursuant to this article are included by whatever official, common, us…

A. The board shall adopt by rule the schedule I controlled substances listed in 21 Code of Federal Regulations section 1308.11 and section 13-3401 and shall amend the rules, as necessary, to reflect any changes in the schedule I controlled substance designations. B. The board may…