Title 36 — Public Health and Safety
55 chapters · 1,413 sections in this title.
A.R.S. § 36-101 Definitions
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In this chapter, unless the context otherwise requires: 1. "Agency" includes one or more of the governmental units consolidated into the department of health services by this chapter. 2. "Department" means the department of health services. 3. "Director" means the director of the…
A.R.S. § 36-102 Department of health services; director; appointment; compensation
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A. There is established a department of health services. B. The direction, operation and control of the department are the responsibility of the director. C. The director shall be appointed by the governor pursuant to section 38-211 and shall serve at the pleasure of the governor…
A.R.S. § 36-103 Department organization; deputy director; assistant directors
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A. The director may establish, abolish or reorganize the positions or organizational units within the department to carry out the functions provided by this section and section 36-104, subject to legislative appropriation, if in his judgment such modification of organization woul…
A.R.S. § 36-103.01 Governmental units succeeded; statutory references to succeeded governmental units
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A. The department succeeds to the authority, powers, duties and responsibilities of the following: 1. State department of health. 2. Arizona health planning authority. 3. Crippled children's services. 4. Arizona state hospital. 5. Anatomy board. B. In the Arizona Revised Statutes…
A.R.S. § 36-104 Powers and duties
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This section is not to be construed as a statement of the department's organization. This section is intended to be a statement of powers and duties in addition to the powers and duties granted by section 36-103. The director shall: 1. Administer the following services: (a) Admin…
A.R.S. § 36-105 Information; state-federal cooperation
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Subject to the laws and departmental rules and regulations on the confidentiality of information promulgated pursuant thereto, and upon request, the department shall furnish information to any agency of the United States which is charged with the administration of health services…
A.R.S. § 36-106 Acquisition of lands and buildings
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A. The director may acquire for and in the name of the state, by lease, lease-purchase agreement or otherwise, lands or buildings for the purpose of providing office space for the department at such places as the director finds necessary and suitable. B. An agreement made for the…
A.R.S. § 36-107 Power to promulgate rules concerning confidential nature of records
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The director shall promulgate such rules and regulations as are required by state law or federal law or regulation to protect confidential information. No names or other information of any applicant, claimant, recipient or employer shall be made available for any political, comme…
A.R.S. § 36-108 Indirect cost fund; use; exemption
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A. A department of health services indirect cost fund is established. Federal monies, monies collected from interagency agreements and other monies obtained for the purposes of reimbursing the department for administrative costs shall be deposited, pursuant to sections 35-146 and…
A.R.S. § 36-108.01 Department of health services funds; purposes; annual report
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A. The health services lottery monies fund is established consisting of monies transferred pursuant to section 5-572, subsection C for teenage pregnancy prevention programs established by Laws 1995, chapter 190, sections 2 and 3, the health start program established by section 36…
A.R.S. § 36-109 Hospitals; health care facilities; substance abuse treatment; reporting requirements
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A. On or before September 1, 2018 and each quarter thereafter, each hospital or health care facility in this state that provides substance abuse treatment shall submit to the department on a form prescribed by the department a report that includes at least the following informati…
A.R.S. § 36-110 County or district liaison; duties
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A. The department shall assign a county liaison officer for each county of the state. Each county liaison officer shall function as a liaison between the department and county health officials, local health planning groups, health consumer groups, private health care agencies and…
A.R.S. § 36-111 Hearings and appeals
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Appeals heard by the department shall be conducted in accordance with title 41, chapter 6, article 10.
A.R.S. § 36-112 Umbilical cord blood; information pamphlet; distribution; health care institution responsibilities; definition
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A. On or before January 1, 2007, the department of health services shall prepare a pamphlet that includes information regarding the following: 1. The medical processes involved in the collection of umbilical cord blood. 2. The medical risks of umbilical cord blood collection to t…
A.R.S. § 36-113 Fingerprint clearance cards; information technology positions; vital records systems; facility surveyors; definition
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B. The department may not allow a person to be an employee or contractor in an information technology position or have access to vital records systems if that person has been denied a fingerprint clearance card pursuant to section 41-1758.07 or has not received an interim approva…
A.R.S. § 36-114 Limitation upon authority to impose treatment
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Nothing in this title shall authorize the department or any of its officers or representatives to impose on any person against his will any mode of treatment, provided that sanitary or preventive measures and quarantine laws are complied with by the person. Nothing in this title …
A.R.S. § 36-115 Promulgation of rules
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A. Except as provided in subsection C of this section, title 41, chapter 6 applies to the actions of the director and the department and to all rules promulgated under this title. B. In addition to the requirements of title 41, chapter 6, the director shall: 1. Cause a copy of th…
A.R.S. § 36-117 Services for licensing agencies; costs
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A. The department, at the discretion of the director, may contract to provide personal and other administrative services and facilities to the following health licensing agencies: 1. State dental board. 2. Arizona medical board. 3. State board of nursing. 4. State board of optome…
A.R.S. § 36-118 Director's seal; authentication of records
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A. The director shall adopt a seal of office to be used to authenticate records and copies of records required to be made or kept by the department. B. Records or copies of records authenticated with the director's seal shall be received in evidence in any proceeding without furt…
A.R.S. § 36-119 Breast and cervical cancer screening and diagnostic special plate fund
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A. The breast and cervical cancer screening and diagnostic special plate fund is established consisting of monies received pursuant to section 28-2423. The director shall administer the fund. Not more than ten per cent of monies deposited in the fund annually shall be used for th…
A.R.S. § 36-120 Multiple sclerosis awareness fund
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A. The multiple sclerosis awareness fund is established consisting of monies received pursuant to section 28-2440. The director shall administer the fund. Not more than ten per cent of monies deposited in the fund annually shall be used for the cost of administering the fund. Mon…
A.R.S. § 36-121 Childhood cancer and rare childhood disease research fund
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A. The childhood cancer and rare childhood disease research fund is established consisting of monies received pursuant to section 28-2442. The director shall administer the fund. Not more than ten per cent of monies deposited in the fund annually shall be used for the cost of adm…
A.R.S. § 36-122 Public health emergencies fund; exemption; report
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A. The public health emergencies fund is established consisting of legislative appropriations. The director shall administer the fund. Monies in the fund are continuously appropriated and may be spent for public health emergency responses of this state following a state of emerge…
A.R.S. § 36-123 Opioid abuse prevention campaign
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The department, in conjunction with the governor's office of youth, faith and family, shall develop opioid abuse prevention campaign strategies that target youth and at-risk populations using a variety of communications platforms to maximize outreach. Communications efforts may i…
A.R.S. § 36-123.01 Drug disposal education and awareness; controlled substances; public-private partnership; fund
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A. On or before January 1, 2019, the department shall enter into a public-private partnership to develop an education and awareness program regarding the disposal of prescription drugs, including controlled substances, nonprescription drugs, needles and sharps. The education and …
A.R.S. § 36-123.02 Alzheimer's disease research fund; exemption
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A. The Alzheimer's disease research fund is established consisting of monies received pursuant to section 28-2463. The director shall administer the fund. The first $32,000 received shall be reimbursed to the person who pays the implementation fee pursuant to section 28-2463. Not…
A.R.S. § 36-123.03 Congenital heart defect special plate fund
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B. The director shall annually allocate monies from the fund, excluding administrative fees, to a hospital's foundation that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and that meets both of the following: 1. Is…
A.R.S. § 36-123.04 988 suicide prevention special plate fund
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B. On notice from the director, the state treasurer may invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. C. The director shall annually allocate monies from the fund to an entity in this state tha…
A.R.S. § 36-125.04 Financial statements; uniform accounting report; exemption
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A. Each licensed hospital shall submit to the department an annual financial statement prepared in accordance with generally accepted accounting principles. The statement shall be accompanied by a report of an audit by an independent certified public accountant of the financial s…
A.R.S. § 36-125.05 Uniform patient reporting system; statistical and demographic reports; exemption
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A. The department shall prescribe and implement a uniform patient reporting system for hospital inpatient and emergency department services. The requirements imposed for this reporting system shall be substantially the same as the uniform billing requirements prescribed by the Un…
A.R.S. § 36-125.06 Comparative report; brochure
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A. The director shall publish a semiannual comparative report of patient charges utilizing the statistical data submitted pursuant to section 36-125.05, subsections B through E. The comparative report shall be in the format prescribed by the director and shall be published within…
A.R.S. § 36-125.07 Uniform billing; third party payors; exception; definitions
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A. A person, including a third party payor, who is obligated to pay a charge for any item or service that is subject to the uniform billing requirements of section 36-125.05 shall accept such billing as its principal billing format. B. A person, including a third party payor, who…
A.R.S. § 36-126 Violation; civil penalties
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A. A person who violates this article or a rule adopted under this article is subject to a civil penalty of not to exceed three hundred dollars for each violation. Each day that a violation continues constitutes a separate violation. The director shall issue a notice of the viola…
A.R.S. § 36-131 Definitions
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In this article, unless the context otherwise requires: 1. "Department" means the department of health services. 2. "Director" means the director of the department of health services.
A.R.S. § 36-132 Department of health services; functions; contracts
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A. The department, in addition to other powers and duties vested in it by law, shall: 1. Protect the health of the people of the state. 2. Promote the development, maintenance, efficiency and effectiveness of local health departments or districts of sufficient population and area…
A.R.S. § 36-133 Chronic disease surveillance system; confidentiality; immunity; violation; classification
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A. A central statewide chronic disease surveillance system is established in the department. Diseases in the surveillance system shall include cancer, birth defects and other chronic diseases required by the director to be reported to the department. B. The department, in establi…
A.R.S. § 36-134 Asbestosis and mesothelioma
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The department shall develop and implement by rule standards and procedures to make asbestosis and mesothelioma diseases reportable to the department.
A.R.S. § 36-135 Child immunization reporting system; requirements; access; confidentiality; immunity; violation; classification; definitions
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A. The child immunization reporting system is established in the department to collect, store, analyze, release and report immunization data. B. A health care professional who is licensed under title 32 to provide immunizations, except as provided in subsection I of this section,…
A.R.S. § 36-136 Powers and duties of director; compensation of personnel; rules; definitions
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A. The director shall: 1. Be the executive officer of the department of health services and the state registrar of vital statistics but shall not receive compensation for services as registrar. 2. Perform all duties necessary to carry out the functions and responsibilities of the…
A.R.S. § 36-136.01 Sanitarians council; members; registration; examinations; continuing education; renewal; fees; definition
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A. The director shall establish a sanitarians council composed of five members. The members shall be the director or the director's representative, two governmental sanitarians, one of whom represents the two largest counties and one of whom represents the thirteen smaller counti…
A.R.S. § 36-137 Annual report of director
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The director shall submit annually to the governor, the president of the senate and the speaker of the house of representatives a copy of the annual report setting forth: 1. The condition of public health in the state. 2. The activities of the department during the preceding fisc…
A.R.S. § 36-138 Oral health fund; nonlapsing
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A. The oral health fund is established consisting of monies received by the department as reimbursement from Arizona health care cost containment system contractors for dental services provided by the department pursuant to section 36-132, subsection A, paragraph 10. The departme…
A.R.S. § 36-139 Fees
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A. The department of health services may charge fees for: 1. Rental of films and film strips. 2. Laboratory tests. B. The amount of the fees charged for such services shall not exceed the cost to the department of rendering them, and all fees shall be deposited, pursuant to secti…
A.R.S. § 36-140 Violation; classification
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A person who violates a provision of this article, or a regulation adopted pursuant to this article, is guilty of a class 3 misdemeanor for each violation. In the instance of continuing violation, each day constitutes a separate offense.
A.R.S. § 36-141 Authority to contract and pay for alcohol and drug abuse services; services to pregnant women; priority
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A. The director of the Arizona health care cost containment system administration is authorized to contract for the development and maintenance of alcohol and drug abuse services from monies available for such purpose with public or private agencies or organizations engaged in pr…
A.R.S. § 36-142 Diabetes action plan team; report
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A. The diabetes action plan team is established in the department of health services. The team is composed of the head of the following entities or that person's designee: 1. The Arizona diabetes program within the department of health services. 2. The Arizona health care cost co…
A.R.S. § 36-142.01 Arizona rare disease advisory council; purpose; membership; duties; annual report
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A. The Arizona rare disease advisory council is established in the department. The council shall provide guidance and recommendations to educate the public, the legislature and other government agencies and departments, as appropriate, on the needs of individuals who have rare di…
A.R.S. § 36-143 Care and treatment for residents twenty-one and older with cystic fibrosis; costs
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A. The department of health services may develop and conduct a program of care and treatment services through appropriate treatment facilities for residents of this state suffering from cystic fibrosis who are twenty-one years of age and older. Costs of the program shall be borne…
A.R.S. § 36-144 Home care services; disclosure; definition
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A. A business entity that provides home care services in this state shall annually disclose to each of its home care service clients at least all of the following information: 1. Whether criminal background checks have been performed on the employees or contractors who provide ho…
A.R.S. § 36-146 Veteran suicides; annual report; distribution
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A. The department of health services shall annually compile a report on veteran suicides in this state that includes all of the following information: 1. The number and rate of veterans who died by suicide in this state's resident population for the most current complete calendar…