36-132.  Department of health services;  functions;  contracts
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 that they can be sustained with reasonable economy and efficient administration,  provide technical consultation and assistance to local health departments or districts,  provide financial assistance to local health departments or districts and services that meet minimum standards of personnel and performance and in accordance with a plan and budget submitted by the local health department or districts to the department for approval,  and recommend the qualifications of all personnel.
3. Collect,  preserve,  tabulate and interpret all information required by law in reference to births,  deaths and all vital facts,  and obtain,  collect and preserve information relating to the health of the people of this state and the prevention of diseases as may be useful in the discharge of functions of the department not in conflict with chapter 3 of this title and sections 36-693,  36-694 and 39-122.
4. Operate such sanitariums,  hospitals or other facilities assigned to the department by law or by the governor.
5. Conduct a statewide program of health education relevant to the powers and duties of the department,  prepare educational materials and disseminate information as to conditions affecting health,  including basic information for the promotion of good health on the part of individuals and communities,  and prepare and disseminate technical information concerning public health to the health professions,  local health officials and hospitals. In cooperation with the department of education,  the department of health services shall prepare and disseminate materials and give technical assistance for the purpose of education of children in hygiene,  sanitation and personal and public health,  and provide consultation and assistance in community organization to counties,  communities and groups of people.
6. Administer or supervise a program of public health nursing,  prescribe the minimum qualifications of all public health nurses engaged in official public health work,  and encourage and aid in coordinating local public health nursing services.
7. Encourage and aid in coordinating local programs concerning control of preventable diseases in accordance with statewide plans that shall be formulated by the department.
8. Encourage and aid in coordinating local programs concerning maternal and child health,  including midwifery,  antepartum and postpartum care,  infant and preschool health and the health of schoolchildren,  including special fields such as the prevention of blindness and conservation of sight and hearing.
9. Encourage and aid in the coordination of local programs concerning nutrition of the people of this state.
10. Encourage,  administer and provide dental health care services and aid in coordinating local programs concerning dental public health,  in cooperation with the Arizona dental association. The department may bill and receive payment for costs associated with providing dental health care services and shall deposit the monies in the oral health fund established by section 36-138.
11. Establish and maintain adequate serological,  bacteriological,  parasitological,  entomological and chemical laboratories with qualified assistants and facilities necessary for routine examinations and analyses and for investigations and research in matters affecting public health.
12. Supervise,  inspect and enforce the rules concerning the operation of public bathing places and public and semipublic swimming pools adopted pursuant to section 36-136,  subsection I,  paragraph 10.
13. Take all actions necessary or appropriate to ensure that bottled water sold to the public and water used to process,  store,  handle,  serve and transport food and drink are free from filth,  disease-causing substances and organisms and unwholesome,  poisonous,  deleterious or other foreign substances. All state agencies and local health agencies involved with water quality shall provide to the department any assistance requested by the director to ensure that this paragraph is effectuated.
14. Enforce the state food,  caustic alkali and acid laws in accordance with chapter 2,  article 2 of this title,  chapter 8,  article 1 of this title and chapter 9,  article 4 of this title,  and collaborate in the enforcement of the federal food,  drug,  and cosmetic act (52 Stat. 1040;  21 United States Code sections 1 through 905).
15. Recruit and train personnel for state,  local and district health departments.
16. Conduct continuing evaluations of state,  local and district public health programs,  study and appraise state health problems and develop broad plans for use by the department and for recommendation to other agencies,  professions and local health departments for the best solution of these problems.
17. License and regulate health care institutions according to chapter 4 of this title.
18. Issue or direct the issuance of licenses and permits required by law.
19. Participate in the state civil defense program and develop the necessary organization and facilities to meet wartime or other disasters.
20. Subject to the availability of monies,  develop and administer programs in perinatal health care,  including:
(a) Screening in early pregnancy for detecting high-risk conditions.
(b) Comprehensive prenatal health care.
(c) Maternity,  delivery and postpartum care.
(d) Perinatal consultation,  including transportation of the pregnant woman to a perinatal care center when medically indicated.
(e) Perinatal education oriented toward professionals and consumers,  focusing on early detection and adequate intervention to avert premature labor and delivery.
21. License and regulate the health and safety of group homes for persons with developmental disabilities. The department shall issue a license to an accredited facility for a period of the accreditation,  except that no licensing period shall be longer than three years. The department is authorized to conduct an inspection of an accredited facility to ensure that the facility meets health and safety licensure standards. The results of the accreditation survey shall be public information. A copy of the final accreditation report shall be filed with the department of health services. For the purposes of this paragraph,  " accredited"  means accredited by a nationally recognized accreditation organization.
B. The department may accept from the state or federal government,  or any agency of the state or federal government,  and from private donors,  trusts,  foundations or eleemosynary corporations or organizations grants or donations for or in aid of the construction or maintenance of any program,  project,  research or facility authorized by this title,  or in aid of the extension or enforcement of any program,  project or facility authorized,  regulated or prohibited by this title,  and enter into contracts with the federal government,  or an agency of the federal government,  and with private donors,  trusts,  foundations or eleemosynary corporations or organizations,  to carry out such purposes. All monies made available under this section are special project grants. The department may also expend these monies to further applicable scientific research within this state.
C. The department,  in establishing fees authorized by this section,  shall comply with title 41,  chapter 6. The department shall not set a fee at more than the department's cost of providing the service for which the fee is charged. State agencies are exempt from all fees imposed pursuant to this section.
D. The department may enter into contracts with organizations that perform nonrenal organ transplant operations and organizations that primarily assist in the management of end-stage renal disease and related problems to provide,  as payors of last resort,  prescription medications necessary to supplement treatment and transportation to and from treatment facilities. The contracts may provide for department payment of administrative costs it specifically authorizes.
Structure Arizona Revised Statutes
Title 36 - Public Health and Safety
§ 36-102 - Department of health services; director; appointment; compensation
§ 36-103 - Department organization; deputy director; assistant directors
§ 36-103.01 - Governmental units succeeded; statutory references to succeeded governmental units
§ 36-105 - Information; state-federal cooperation
§ 36-106 - Acquisition of lands and buildings
§ 36-107 - Power to promulgate rules concerning confidential nature of records
§ 36-108 - Indirect cost fund; use; exemption
§ 36-108.01 - Department of health services funds; purposes; annual report
§ 36-109 - Hospitals; health care facilities; substance abuse treatment; reporting requirements
§ 36-110 - County or district liaison; duties
§ 36-111 - Hearings and appeals
§ 36-114 - Limitation upon authority to impose treatment
§ 36-115 - Promulgation of rules
§ 36-117 - Services for licensing agencies; costs
§ 36-118 - Director's seal; authentication of records
§ 36-119 - Breast and cervical cancer screening and diagnostic special plate fund
§ 36-120 - Multiple sclerosis awareness fund
§ 36-121 - Childhood cancer and rare childhood disease research fund
§ 36-122 - Public health emergencies fund; exemption; report
§ 36-123 - Opioid abuse prevention campaign
§ 36-123.02 - Alzheimer's disease research fund; exemption
§ 36-123.03 - Congenital heart defect special plate fund
§ 36-125.04 - Financial statements; uniform accounting report; exemption
§ 36-125.05 - Uniform patient reporting system; statistical and demographic reports; exemption
§ 36-125.06 - Comparative report; brochure
§ 36-125.07 - Uniform billing; third party payors; exception; definitions
§ 36-126 - Violation; civil penalties
§ 36-132 - Department of health services; functions; contracts
§ 36-133 - Chronic disease surveillance system; confidentiality; immunity; violation; classification
§ 36-134 - Asbestosis and mesothelioma
§ 36-136 - Powers and duties of director; compensation of personnel; rules; definitions
§ 36-137 - Annual report of director
§ 36-138 - Oral health fund; nonlapsing
§ 36-140 - Violation; classification
§ 36-142 - Diabetes action plan team; report
§ 36-143 - Care and treatment for residents twenty-one and older with cystic fibrosis; costs
§ 36-144 - Home care services; disclosure; definition
§ 36-145 - Family planning services; grant application; distribution of monies
§ 36-146 - Veteran suicides; annual report; distribution
§ 36-147 - Annual expenditure report; medical marijuana fund; justice reinvestment fund
§ 36-148 - Annual distribution report; smart and safe Arizona fund
§ 36-152 - Authority to provide services; fees
§ 36-153 - Authority to contract for services and fees
§ 36-154 - Limitation of authority regarding services and fees
§ 36-155 - Personnel and equipment
§ 36-157 - County authority to provide services; fees
§ 36-158 - Authority to receive funds; disbursement
§ 36-159 - Authorized court action to collect fees
§ 36-160 - Confidentiality of records; unauthorized disclosures unlawful; classification
§ 36-172 - Workforce data repository fund; exemption
§ 36-173 - Advisory committee; membership
§ 36-183 - Boards of health of local health departments; membership; terms
§ 36-183.01 - County hospital under board of health or hospital board; powers and duties
§ 36-183.02 - Sanitary regulations; notice
§ 36-183.03 - Maintaining unsanitary premises; violation; classification
§ 36-183.04 - Notice of violation; civil penalties; administrative hearings
§ 36-183.05 - Violations; injunctive relief; civil penalties; consent decrees
§ 36-183.06 - Health inspectors; violations; notice to appear
§ 36-183.07 - Violation; classification
§ 36-184 - Boards of health of local health departments; organization; meetings; powers and duties
§ 36-185 - Local department of health funds
§ 36-186 - Director of county health department; powers and duties
§ 36-187 - County treasurer as treasurer of local departments of health; duties; collection of fees
§ 36-190 - Participation of incorporated cities and towns in health services
§ 36-191 - Violation; classification
§ 36-192 - County health departments; naloxone kits
§ 36-195 - Establishment of advisory committee by authorized local agency
§ 36-196 - Duties and responsibilities
§ 36-199 - Suicide mortality review team; members; duties
§ 36-199.01 - Access to information; confidentiality; violation; classification
§ 36-202.01 - Admission of juveniles to state hospital
§ 36-203 - Persons with intellectual disabilities assigned to state hospital; department duties
§ 36-206 - Duties of superintendent; clinical assessment
§ 36-207 - Fingerprinting requirements; definition
§ 36-208 - Employees; compensation
§ 36-209 - Reports by superintendent and director
§ 36-211 - Income from land rentals and permanent funds
§ 36-212 - Maximum security area required
§ 36-213 - Store and canteen; deposit
§ 36-214 - Arizona state hospital; private operation
§ 36-215 - State hospital revolving fund; nonreversion
§ 36-216 - Budget for state hospital
§ 36-217 - State hospital; annual report
§ 36-218 - Arizona state hospital charitable trust fund
§ 36-219 - Contracting requirements; art therapy services; definition
§ 36-252 - Chief of state laboratory; appointment; qualifications
§ 36-253 - Chief of state laboratory; powers and duties
§ 36-254 - Evidentiary effect of certificate of chief of state laboratory
§ 36-255 - Reports by laboratory chief
§ 36-261 - Children who have a chronic illness or physical disability; program
§ 36-272 - Biomedical research
§ 36-274 - Disease control research fund; lapsing; investment
§ 36-275 - Health research fund
§ 36-302 - System of vital records; powers and duties of the state registrar
§ 36-303 - System of public health statistics; powers and duties of the department
§ 36-311 - Appointment and removal of local registrars and deputy local registrars
§ 36-312 - Local registrars and deputy local registrars; powers and duties
§ 36-313 - Deputy local registrars; compensation
§ 36-321 - Information required for a certificate
§ 36-322 - Sealing a certificate
§ 36-323 - Amending registered certificates: corrections
§ 36-324 - Vital records; copies; access
§ 36-325 - Death certificate registration; moving human remains; immunity
§ 36-325.01 - Delayed death certificate registration
§ 36-326 - Disposition-transit permits
§ 36-327 - Disinterment-reinterment permit
§ 36-328 - Registration of a death certificate for a foreign presumptive death
§ 36-329 - Fetal death certificate registration
§ 36-329.01 - Delayed fetal death certificate registration
§ 36-330 - Certificate of birth resulting in stillbirth; requirements
§ 36-330.01 - Delayed registration of certificate of birth resulting in stillbirth
§ 36-331 - Duties of persons in charge of place of disposition
§ 36-332 - Notification of death to responsible person and release of human remains
§ 36-333 - Birth certificate registration
§ 36-333.01 - Late birth certificate registration
§ 36-333.02 - Delayed birth certificate registration
§ 36-333.03 - Record of birth; petition; requirements; notice; court order; definition
§ 36-334 - Determining maternity and paternity for birth certificates
§ 36-335 - Birth registration for foundlings
§ 36-336 - Adoption certificate
§ 36-337 - Amending birth certificates
§ 36-338 - Certificates of foreign birth for adoptees
§ 36-339 - Missing children; notification; flagging birth certificate records; definitions
§ 36-341 - Fees received by state and local registrars
§ 36-341.01 - Vital records electronic systems fund; purpose; nonlapsing
§ 36-342 - Disclosure of information; prohibition
§ 36-343 - Duty to provide information to the state registrar
§ 36-344 - Violation; classification
§ 36-345 - Effect of registration
§ 36-351 - Duties of the director; Arizona state library, archives and public records
§ 36-401 - Definitions; adult foster care
§ 36-403 - Licensure by counties and municipalities
§ 36-404 - Limitation of disclosure of information
§ 36-405 - Powers and duties of the director
§ 36-405.01 - Health screening services; violation; classification
§ 36-405.02 - Outpatient behavioral health and other related health care services; employees; rules
§ 36-406 - Powers and duties of the department
§ 36-407 - Prohibited acts; required acts
§ 36-407.01 - Hospitals; visitation; religious purposes
§ 36-407.03 - Hospitals; visitation policy; exceptions
§ 36-408 - Required reports from health care institutions
§ 36-410 - County standards and guidelines; delegation
§ 36-411.01 - Adult residential care institutions; recidivism reduction services; rules
§ 36-412 - Nursing care institutions; employment
§ 36-414 - Health services licensing fund; exemption
§ 36-415 - Breast density mammography results; notification
§ 36-416 - Registered dietitians; qualified nutrition professionals; hospital orders; definitions
§ 36-417 - Use of compliance surveys; advertisement; requirements
§ 36-418 - Behavioral health residential facilities; reporting requirement
§ 36-419 - Do-not-resuscitate orders; minors; parental communication; definitions
§ 36-420.02 - Additional charges for medical or forensic interview or examination; prohibition
§ 36-421 - Construction or modification of a health care institution
§ 36-423 - Hemodialysis technicians; minimum requirements; definition
§ 36-425.01 - Home health agencies; licensure; definition
§ 36-425.02 - Nursing care institutions; quality rating; issuance of license
§ 36-425.04 - Hospice service agencies; policies and procedures; controlled substances
§ 36-425.05 - Intermediate care facilities for individuals with intellectual disabilities; licensure
§ 36-425.06 - Secure behavioral health residential facilities; license; definition
§ 36-425.07 - Nursing-supported group homes; licensure
§ 36-426 - Hospital providers of extended care services
§ 36-427 - Suspension or revocation; intermediate sanctions
§ 36-428 - Hearings by the director
§ 36-429 - Removal of licensee; temporary management continued operation
§ 36-430 - Unlicensed operation prohibited; injunction
§ 36-431 - Violation; classification
§ 36-431.01 - Violations; civil penalties
§ 36-431.02 - Nursing care institution resident protection revolving fund; use; nonreversion
§ 36-432 - Urgent care centers; posting requirements
§ 36-433 - Receipt of report and complaint; investigation
§ 36-434 - Outdoor behavioral health care programs; licensing requirements; inspections
§ 36-434.01 - Outpatient surgical centers; hospitals; surgical smoke evacuation systems; definitions
§ 36-435 - Staff privileges for podiatrists
§ 36-436 - Filing and review of rates and rules as prerequisite to operation
§ 36-436.02 - Increases of rates or charges; filing
§ 36-436.03 - Public availability of rates and charges
§ 36-437 - Health care facilities; charges; public availability; direct payment; notice; definitions
§ 36-439.01 - Colocation of licensees
§ 36-439.02 - Colocators; collaborating outpatient treatment centers; requirements
§ 36-439.03 - Use of treatment areas
§ 36-439.04 - Colocation; outpatient treatment centers; health care providers
§ 36-441 - Health care utilization committees; immunity; exception; definition
§ 36-445 - Review of certain medical practices
§ 36-445.01 - Confidentiality of information; conditions of disclosure
§ 36-445.02 - Immunity relating to review of medical practices
§ 36-445.03 - Limitation of publication; identity of patient confidential
§ 36-445.04 - Freestanding urgent care center incident reporting; confidentiality requirement
§ 36-446.01 - Licensure or certification requirements
§ 36-446.02 - Board of examiners; terms; meetings; quorum; effect of vacancies; compensation
§ 36-446.03 - Powers and duties of the board; rules; fees; fingerprinting
§ 36-446.04 - Qualifications; period of validity; exemption
§ 36-446.05 - Reciprocity; present administrators
§ 36-446.06 - Temporary licenses and certificates
§ 36-446.09 - Violations; classification
§ 36-446.10 - Confidentiality of records; release of complainant's name and nature of complaint
§ 36-446.11 - Relief from civil liability
§ 36-446.13 - Unlawful act; unlicensed operation; injunction
§ 36-447.01 - Nursing care institutions; notification of services; screening; annual reviews
§ 36-447.02 - Nursing care institutions; therapeutic substitutions
§ 36-448.02 - Pain management clinics; licensure requirements; rules
§ 36-448.52 - Recovery care centers; licensure
§ 36-448.53 - Recovery care centers; administration; bylaws; administrator; duties; notification
§ 36-448.54 - Admission of patients
§ 36-448.55 - Medical staff; requirements; nursing care
§ 36-449.03 - Abortion clinics; rules; civil penalties
§ 36-450.01 - Reporting procedures
§ 36-450.02 - Nonretaliatory policy; definition
§ 36-461 - Exceptions to this article
§ 36-462 - License requirements; training and consultation
§ 36-463.01 - Licensure of laboratories located in a health care institution
§ 36-463.02 - Inspections; exemptions; disciplinary action
§ 36-466 - Advisory committee on clinical laboratories; membership; duties
§ 36-467 - Reports by laboratories
§ 36-470 - Examination of specimens; written requests; reports of results; retention of test records
§ 36-471 - Persons authorized to collect human specimens or blood
§ 36-472 - Rebates, fee-splitting and solicitation of referrals prohibited
§ 36-472.01 - Billing for laboratory costs; definition
§ 36-473 - Grounds for denial, suspension or revocation of license
§ 36-474 - Investigation of complaints; notice of hearing
§ 36-476 - License surrender; certification
§ 36-479 - Violations; classification
§ 36-495.01 - Licensure program; rules
§ 36-495.03 - License application; issuance; expiration
§ 36-495.04 - Laboratory director; duties
§ 36-495.05 - Provisional licenses
§ 36-495.07 - Inspection; investigations
§ 36-495.08 - Reports by laboratories
§ 36-495.09 - Suspension, revocation or denial of license; hearing
§ 36-495.10 - Operation of unlicensed laboratory; cease and desist order; injunction; letter
§ 36-495.11 - Violation; classification
§ 36-495.12 - Violations; civil penalties
§ 36-495.13 - Powers of the director
§ 36-495.14 - Out-of-state laboratories; licensure; reciprocity
§ 36-495.15 - Environmental laboratory licensure revolving fund; use
§ 36-495.16 - Environmental laboratory advisory committee; membership; duties; compensation
§ 36-502 - Powers and duties of the director of AHCCCS; rules; expenditure limitation
§ 36-503 - Medical director of evaluation agency or mental health treatment agency; deputy
§ 36-503.01 - Duty of attorney general or county attorney
§ 36-503.02 - Apprehension and transportation by authorized transporters; immunity
§ 36-503.03 - Civil commitment treatment population; cap
§ 36-504 - Notice of patients' rights; notification to family
§ 36-506 - Civil rights not impaired; discrimination prohibited
§ 36-507 - Patient's rights to privacy and to personal possessions
§ 36-508 - Disposition of patient's personal property
§ 36-509 - Confidential records; immunity; definition
§ 36-509.01 - Case records; involuntary treatment hearings; confidentiality; definition
§ 36-510 - Patient's compensation for work
§ 36-510.01 - Notice; personal service of process
§ 36-511 - Quality of treatment
§ 36-512 - Emergency medical care
§ 36-513 - Seclusion; restraint; treatment
§ 36-514 - Visitation; telephone; correspondence; religious freedom
§ 36-515 - Limitation of liability; false application; classification
§ 36-516 - Violation of person's rights
§ 36-517 - Cruelty to mentally disordered person; classification
§ 36-517.02 - Limitation of liability; exception; discharge of duty; immunity for disclosure
§ 36-518 - Application for voluntary admission; admission to agency; minors; transportation
§ 36-518.01 - Case review of voluntary admission of minor
§ 36-519 - Discharge of voluntary patients
§ 36-520 - Application for evaluation; definition
§ 36-521.01 - Considerations for screening, evaluation and involuntary treatment
§ 36-522 - Voluntary evaluation
§ 36-523 - Petition for evaluation
§ 36-524 - Application for emergency admission for evaluation; requirements; immunity
§ 36-525 - Apprehension and transportation by peace officers; immunity
§ 36-526 - Emergency admission; examination; petition for court-ordered evaluation
§ 36-527 - Discharge and release; relief from civil liability
§ 36-528 - Emergency patients; duties of agency; notification of family member; right to counsel
§ 36-529 - Order for evaluation; order for detention; hearing; personal service of court orders
§ 36-530 - Evaluation and treatment
§ 36-531 - Evaluation; possible dispositions; release
§ 36-533 - Petition for treatment
§ 36-534 - Change to voluntary status; discharge; notice; hearing
§ 36-537 - Powers and duties of counsel
§ 36-538 - Independent evaluator
§ 36-539 - Conduct of hearing; record; transcript
§ 36-540 - Court options; immunity; rules
§ 36-540.01 - Conditional outpatient treatment
§ 36-541 - Mandatory local treatment; placement at state hospital
§ 36-545 - Voluntary admissions to the state hospital; reimbursements; indigents
§ 36-545.02 - State hospital reimbursements; disposition of funds
§ 36-545.04 - Costs of court proceedings; compensation for evaluation and testimony
§ 36-545.08 - Arizona state hospital fund; purpose
§ 36-545.09 - Building renewal fund; purpose
§ 36-546 - Judicial review; right to be informed; request; jurisdiction
§ 36-546.01 - Expedited appeal to the court of appeals
§ 36-550.01 - Statewide plan for community residential treatment
§ 36-550.02 - County responsibilities in statewide planning process
§ 36-550.03 - Statewide plan implementation; contract requirements; exception
§ 36-550.04 - Evaluation system; contract requirements
§ 36-550.06 - Client eligibility
§ 36-550.07 - Community residential treatment system planning grants
§ 36-550.09 - Secure behavioral health residential facility; court determination; findings
§ 36-551.01 - Persons with developmental disabilities; rights guaranteed
§ 36-552 - Developmental disabilities function; expenditure limitation
§ 36-553 - Developmental disabilities advisory council; membership; duties; reporting requirements
§ 36-554 - Powers and duties of director
§ 36-555 - Coordination of programs by department with special education programs
§ 36-556 - Coordination with department of health services; duties of department
§ 36-557 - Community developmental disability services; service providers
§ 36-558 - Establishment and maintenance of programs and services; definition
§ 36-558.02 - State operated service center
§ 36-559 - Eligibility for developmental disabilities programs, services and facilities
§ 36-561 - Prohibiting certain treatment or drugs; use of aversive stimuli
§ 36-562 - Schedule of financial contribution; review of payment order
§ 36-563 - Review and appeal; hearing
§ 36-565 - Periodic evaluations of persons with developmental disabilities
§ 36-566 - Request for termination from a state facility, program or service
§ 36-567 - Music therapists; minimum qualifications; definition
§ 36-568.01 - Confidentiality of records
§ 36-568.02 - Confidentiality of health information
§ 36-569 - Prohibitions; violations; classification
§ 36-571 - Developmental disabilities fund; disbursement; federal monies
§ 36-572 - Client developmental disability services trust fund; donation account
§ 36-573 - Annual report; group home incident reports; contracts
§ 36-574 - Children's autism services; contract
§ 36-575 - Contracting requirements; art therapy services; definition
§ 36-582 - Residential facilities; zoning; notice; appeal
§ 36-591 - Group homes; licensing; notification requirements; exception; annual inspection
§ 36-593 - Adult developmental homes; child developmental homes; provisional licenses
§ 36-593.01 - Child developmental certified homes; certification; requirements; renewal; rules; de