A.R.S. tit. 36 ch. 1 — Arizona Revised Statutes Title 36 Chapter 1 — State And Local Boards And Departments Of Health

36-101. Definitions 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 department of health services. 4. "State plan" means any of the several state plans administered by the department that meet the federal requirements necessary for federal funding. 36-102. Department of health services; director; appointment; compensation 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. The director shall be a person who has: 1. Administrative experience in the private sector, with progressively increasing responsibilities. 2. An educational background that prepares the director for the administrative responsibilities assigned to the position. 3. Health related experience which insures familiarity with the peculiarities of health problems. D. Compensation for the director shall be established pursuant to section 38-611. 36-103. Department organization; deputy director; assistant directors 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 would make the operation of the department more efficient, effective or economical. The director or his deputy shall enforce cooperation among the divisions in the provision and integration of all functions. B. There shall be a deputy director of the department who is appointed by the director with the approval of the governor. The deputy director shall be subject to title 41, chapter 4, article 4, shall serve at the pleasure of the director and shall receive compensation as determined pursuant to section 38-611. The deputy director shall assist the director in administering the department and its services. C. The director may appoint an assistant director to each organizational unit that the director establishes. Each such assistant director shall be subject to title 41, chapter 4, article 4, shall serve at the pleasure of the director and shall receive compensation as determined pursuant to section 38-611. 36-103.01. Governmental units succeeded; statutory references to succeeded governmental units 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, references to the agencies and departments listed in subsection A of this section shall be deemed to be references to the department of health services or its appropriate organizational units. C. In the Arizona Revised Statutes, references to the state board of health, when used in the context of and in connection with the adoption of rules, the appellate or original review of administrative decisions, or the approval of decisions by department officers, shall be references to the director of the department of health services. In all other places, references to the state board of health shall be references to the department of health services. D. In this title, and in the Arizona Revised Statutes, references to the commissioner of health shall be references to the director of the department of health services. 36-104. Powers and duties 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) Administrative services, which shall include at a minimum the functions of accounting, personnel, standards certification, electronic data processing, vital statistics and the development, operation and maintenance of buildings and grounds used by the department. (b) Public health support services, which shall include at a minimum: (i) Consumer health protection programs, consistent with paragraph 25 of this section, that include at least the functions of community water supplies, general sanitation, vector control and food and drugs. (ii) Epidemiology and disease control programs that include at least the functions of chronic disease, accident and injury control, communicable diseases, tuberculosis, venereal disease and others. (iii) Laboratory services programs. (iv) Health education and training programs. (v) Disposition of human bodies programs. (c) Community health services, which shall include at a minimum: (i) Medical services programs that include at least the functions of maternal and child health, preschool health screening, family planning, public health nursing, premature and newborn program, immunizations, nutrition, dental care prevention and migrant health. (ii) Dependency health care services programs that include at least the functions of need determination, availability of health resources to medically dependent individuals, quality control, utilization control and industry monitoring. (iii) Children with physical disabilities services programs. (iv) Programs for the prevention and early detection of an intellectual disability. (d) Program planning, which shall include at least the following: (i) An organizational unit for comprehensive health planning programs. (ii) Program coordination, evaluation and development. (iii) Need determination programs. (iv) Health information programs. 2. Include and administer, within the office of the director, staff services, which shall include at a minimum budget preparation, public information, appeals, hearings, legislative and federal government liaison, grant development and management and departmental and interagency coordination. 3. Make rules for the organization and proper and efficient operation of the department. 4. Determine when a health care emergency or medical emergency situation exists or occurs within this state that cannot be satisfactorily controlled, corrected or treated by the health care delivery systems and facilities available. When such a situation is determined to exist, the director shall immediately report that situation to the legislature and the governor. The report shall include information on the scope of the emergency, recommendations for solution of the emergency and estimates of costs involved. 5. Provide a system of unified and coordinated health services and programs between this state and county governmental health units at all levels of government. 6. Formulate policies, plans and programs to effectuate the missions and purposes of the department. 7. Make contracts and incur obligations within the general scope of the department's activities and operations subject to the availability of monies. 8. Be designated as the single state agency for the purposes of administering and in furtherance of each federally supported state plan. 9. Provide information and advice on request by local, state and federal agencies and by private citizens, business enterprises and community organizations on matters within the scope of the department's duties subject to the departmental rules and regulations on the confidentiality of information. 10. Establish and maintain separate financial accounts as required by federal law or regulations. 11. Advise with and make recommendations to the governor and the legislature on all matters concerning the department's objectives. 12. Take appropriate steps to reduce or contain costs in the field of health services. 13. Encourage and assist in the adoption of practical methods of improving systems of comprehensive planning, of program planning, of priority setting and of allocating resources. 14. Encourage an effective use of available federal resources in this state. 15. Research, recommend, advise and assist in the establishment of community or area health facilities, both public and private, and encourage the integration of planning, services and programs for the development of the state's health delivery capability. 16. Promote the effective use of health manpower and health facilities that provide health care for the citizens of this state. 17. Take appropriate steps to provide health care services to the medically dependent citizens of this state. 18. Certify training on the nature of sudden infant death syndrome, which shall include information on the investigation and handling of cases involving sudden and unexplained infant death for use by law enforcement officers as part of their basic training requirement. 19. Adopt protocols on the manner in which an autopsy shall be conducted under section 11-597, subsection D in cases of sudden and unexplained infant death. 20. Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region. 21. Administer the federal family violence prevention and services act grants, and the department is designated as this state's recipient of federal family violence prevention and services act grants. 22. Accept and spend private grants of monies, gifts and devises for the purposes of methamphetamine education. The department shall disburse these monies to local prosecutorial or law enforcement agencies with existing programs, faith-based organizations and nonprofit entities that are qualified under section 501(c)(3) of the United States internal revenue code, including nonprofit entities providing services to women with a history of dual diagnosis disorders, and that provide educational programs on the repercussions of methamphetamine use. State general fund monies shall not be spent for the purposes of this paragraph. If the director does not receive sufficient monies from private sources to carry out the purposes of this paragraph, the director shall not provide the educational programs prescribed in this paragraph. Grant monies received pursuant to this paragraph are not lapsing and do not revert to the state general fund at the close of the fiscal year. 23. Identify successful methamphetamine prevention programs in other states that may be implemented in this state. 24. Pursuant to chapter 13, article 8 of this title, coordinate all public health and risk assessment issues associated with a chemical or other toxic fire event if a request for the event is received from the incident commander, the emergency response commission or the department of public safety and if funding is available. Coordination of public health issues shall include general environmental health consultation and risk assessment services consistent with chapter 13, article 8 of this title and, in consultation with the Arizona poison control system, informing the public as to potential public health risks from the environmental exposure. Pursuant to chapter 13, article 8 of this title, the department of health services shall also prepare a report, in consultation with appropriate state, federal and local governmental agencies, that evaluates the public health risks from the environmental exposure. The department of health services' report shall include any department of environmental quality report and map of smoke dispersion from the fire, the results of any environmental samples taken by the department of environmental quality and the toxicological implications and public health risks of the environmental exposure. The department of health services shall consult with the Arizona poison control system regarding toxicology issues and shall prepare and produce its report for the public as soon as practicable after the event. The department of health services shall not use any monies pursuant to section 49-282, subsection E to implement this paragraph. 25. Consult, cooperate, collaborate and, if necessary, enter into interagency agreements and memoranda of understanding with the Arizona department of agriculture concerning its administration, pursuant to title 3, chapter 3, article 4.1, of this state's authority under the United States food and drug administration produce safety rule (21 Code of Federal Regulations part 112) and any other federal produce safety regulation, order or guideline or other requirement adopted pursuant to the FDA food safety modernization act (P.L. 111-353; 21 United States Code sections 2201 through 2252). 26. Adopt rules pursuant to title 32, chapter 32, article 5 prescribing the designated database information to be collected by health profession regulatory boards for the health professionals workforce database. 36-104.01. Sale of information; prohibition; definition A. The department may not sell any personal identifying information of any individual whom the department licenses or certificates pursuant to this title or title 32. The personal identifying information of a licensee or certificate holder is confidential and, if a request for the personal identifying information is made for a commercial purpose, the personal identifying information is exempt from title 39, chapter 1, article 2. B. For the purposes of this section, "personal identifying information" includes: 1. A social security number, passport number, driver license number or taxpayer identification number. 2. A personal address, personal email address or personal telephone number. 3. A biometric record, including a photographic image, a fingerprint, a retinal scan, a voice signature or facial geometry. 4. Bulk information that when combined with other request details may pose a privacy risk, including: (a) Date of birth. (b) Place of birth. (c) Race. (d) Religion. (e) Geographic indicators. (f) Employment information. (g) Education information. 36-105. Information; state-federal cooperation 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. 36-106. Acquisition of lands and buildings 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 lease or purchase of the premises mentioned in subsection A is subject to the approval of the attorney general and the director of the department of administration. 36-107. Power to promulgate rules concerning confidential nature of records 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, commercial or other unofficial purpose. 36-108. Indirect cost fund; use; exemption 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 35-147, in the fund. B. Subject to legislative appropriation, monies in the fund shall be used for administrative personnel and overhead costs associated with administering federal programs, interagency agreements and other programs paying assessments into the fund. C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 36-108.01. Department of health services funds; purposes; annual report 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 36-697 and the federal women, infants and children food program. The department shall administer the fund. Monies in the fund are continuously appropriated. B. The intergovernmental agreements/interagency services agreements fund is established consisting of all monies received by the department through intergovernmental agreements, interagency services agreements and transfers between the department and other state and local entities. The department shall administer the fund. Monies in the fund are continuously appropriated. C. The department shall report annually to the joint legislative budget committee on the revenues, expenditures and ending balances from the previous, current and subsequent fiscal years of the funds established in this section. 36-109. Hospitals; health care facilities; substance abuse treatment; reporting requirements 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 information: 1. The name and address of the hospital or health care facility where the substance abuse treatment is provided. 2. The type of hospital or health care facility where the substance abuse treatment is provided. 3. The number of available substance abuse treatment beds. 4. The number of days in the quarter that the hospital or health care facility was at capacity and not able to accept referrals for substance abuse treatment. B. The form may be signed electronically and shall indicate that the person who signs the report is attesting that the information in the report is correct to the best of that person's knowledge. C. A report pursuant to this section shall be filed electronically at an internet website that is designated by the department unless the person required to file the report applies for a waiver from electronic reporting by submitting a written request to the department. D. The department shall request outpatient substance abuse treatment providers to report to the department on a quarterly basis regarding the provider's outpatient treatment capacity. E. On or before December 31, 2018 and each quarter thereafter, the director shall submit a report to the governor, the president of the senate and the speaker of the house of representatives on the availability of substance abuse treatment beds, the possible capacity, including outpatient treatment capacity, and any unmet need in this state. The director shall submit a copy of the report to the secretary of state. The report shall include all of the information specified in subsection A of this section. 36-110. County or district liaison; duties 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 programs and any other health-related concerns within such county. An officer may serve more than one county. B. Such liaison officers may: 1. Evaluate the success of state programs, coordination and integration in local health planning. 2. Relay deficiencies of local health programs and services to the department. 3. Act as a means of input for local concerns of health to the department. 4. Work to provide successful delivery of health services at the community level. 5. Provide information on client needs and services effectiveness to the department. C. If the director determines that regional health planning has been established for the state, he shall establish, in lieu of the county liaison officers prescribed in subsection A, district liaison offices in each of the regions that are established. Such district liaison offices shall carry out the functions prescribed by subsections A and B within such region. 36-111. Hearings and appeals Appeals heard by the department shall be conducted in accordance with title 41, chapter 6, article 10. 36-112. Umbilical cord blood; information pamphlet; distribution; health care institution responsibilities; definition 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 the mother and her newborn child. 3. The current and potential future medical uses, risks and benefits of umbilical cord blood collection to a mother, her newborn child and her biological family. 4. The current and potential future medical uses, risks and benefits of umbilical cord blood collection to persons who are not biologically related to a mother or her newborn child. 5. Any costs that may be incurred by a pregnant woman who chooses to make an umbilical cord blood donation. 6. Options for ownership and future use of the donated material. 7. The average cost of public and private umbilical cord blood banking. B. The department shall update the pamphlet prepared pursuant to this section as necessary. C. The department shall distribute the pamphlet free of charge to physicians and health care institutions on request and shall make the pamphlet available on its web site. D. The department may accept gifts, grants and donations for the purposes of this section. E. A health care institution licensed pursuant to chapter 4 of this title that treats a pregnant woman during the delivery of her child shall permit her to arrange for an umbilical cord blood donation if she has made this request unless, in the professional judgment of a health care provider, the donation would threaten the health of the mother or the newborn child. F. This section does not impose an obligation on a health care provider to permit an umbilical cord blood collection if the collection conflicts with the provider's bona fide religious beliefs and the provider makes this fact known to the woman as soon as reasonably feasible. G. A health care institution that acts in good faith pursuant to this section is not subject to civil or criminal liability or regulatory discipline for those acts. H. For the purposes of this section, "umbilical cord blood" means the blood that remains in the umbilical cord and placenta after the birth of a newborn child. 36-113. Fingerprint clearance cards; information technology positions; vital records systems; facility surveyors; definition A. Each employee or contractor of the department who is employed or contracted in an information technology position or who has access to vital records systems shall have a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 or provide to the department documentation that the person has applied for a fingerprint clearance card. Each employee and contractor shall certify on forms that are provided by the department that the person is not awaiting trial on or has not been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction. 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 approval from the board of fingerprinting pursuant to section 41-619.55. C. Each county employee or contractor who has access to vital records systems shall have a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1. D. A local registrar may not allow a person to be an employee or contractor with 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 approval from the board of fingerprinting pursuant to section 41-619.55. E. Each employee of the department who inspects facilities with children or vulnerable adults as part of the employee's regular duties shall have a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 or provide to the department documentation that the person has applied for a fingerprint clearance card. Each employee shall certify on forms that are provided by the department that the employee is not awaiting trial on or has not been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction. F. The department may not allow a person to be an employee who inspects facilities with children or vulnerable adults as part of the employee's regular duties if that person has been denied a fingerprint clearance card pursuant to section 41-1758.07 or has not received an interim approval from the board of fingerprinting pursuant to section 41-619.55. G. For the purposes of this section, "vulnerable adult" has the same meaning prescribed in section 13-3623. 36-114. Limitation upon authority to impose treatment 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 shall authorize the department or any of its officers or representatives to impose on any person contrary to his religious concepts any mode of treatment, provided that sanitary or preventive measures and quarantine laws are complied with by the person. 36-115. Promulgation of rules 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 the notice required by section 41-1022 and a copy of any proposed rules to be posted in each county and district liaison office of the department which may be established. 2. Cause a copy of the notice required by section 41-1022 and a copy of each proposed rule to be made available to any interested person requesting same. C. The director shall file the notice required by section 41-1022 with the secretary of state at least sixty days prior to the adoption of any rule pursuant to this title which relates directly to health care institutions licensed pursuant to chapter 4, article 2 of this title. 36-117. Services for licensing agencies; costs 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 optometry. 5. Arizona board of osteopathic examiners in medicine and surgery. 6. State board of podiatry examiners. 7. Arizona state board of pharmacy. 8. Board of examiners of nursing care institution administrators. B. The professional health licensing agency shall reimburse the department for the actual costs of services or the reasonable value of facilities provided to that agency. 36-118. Director's seal; authentication of records 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 further proof of their authenticity. 36-119. Breast and cervical cancer screening and diagnostic special plate fund 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 the cost of administering the fund. Monies in the fund are continuously appropriated. The director shall distribute monies in the fund before July 1 of each year. B. The director shall allocate monies from the fund for breast and cervical cancer screening and diagnostics and outreach services in this state. Monies allocated pursuant to this section shall be used to further breast and cervical cancer screening and diagnostics. C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 36-120. Multiple sclerosis awareness fund 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. Monies in the fund are continuously appropriated. The director shall distribute monies in the fund before July 1 of each year. B. The director shall allocate monies from the fund for multiple sclerosis awareness and outreach services in this state. C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 36-121. Childhood cancer and rare childhood disease research fund A. The childhood cancer and rare childhood disease research fund is established consisting of monies received pursuant to section 28-2442, legislative appropriations, gifts, donations and federal grants. The director shall administer the fund. Not more than ten percent of monies deposited in the fund annually shall be used for the cost of administering the fund. The first $32,000 received pursuant to section 28-2442 shall be reimbursed to the person or entity that paid the implementation fee. Monies in the fund are continuously appropriated. The director shall annually distribute monies in the fund. B. Subject to legislative appropriation or the award of federal grants, or a combination of appropriations and grants, in an amount of at least $5,000,000 for the purposes of childhood cancer and rare childhood disease research, the director shall allocate monies from the fund for the grants awarded by the childhood cancer and rare childhood disease research commission established by section 36-121.01. Unless otherwise specified by the federal grant contract, the director may use up to four percent of the amount appropriated or granted to cover administrative costs. C. If the department does not receive additional legislative appropriations or federal grants, or a combination of appropriations and grants, for the purposes of childhood cancer and rare childhood disease research in an amount of at least $5,000,000, the director shall allocate monies received pursuant to section 28-2442 to health care providers and research institutions that are located in this state, that are nonprofit organizations and that are engaged in clinical trials relating to research on pediatric cancer or other rare pediatric diseases. The monies may be used in a collaborative study or research program with other facilities outside of this state. Nonprofit organizations that receive monies from the childhood cancer and rare disease research fund shall use the monies for the purposes prescribed in this subsection even if the monies are aggregated with other monies. D. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 36-121.01. Childhood cancer and rare childhood disease research commission; membership; reimbursement; conflict of interest; annual report A. Subject to the conditions specified in section 36-121, subsection B, the childhood cancer and rare childhood disease research commission is established consisting of at least the following members who are appointed by the director: 1. One member who is a survivor of childhood cancer or a caregiver to individuals who have childhood cancer. 2. One member who is a survivor of a rare childhood disease or a caregiver to individuals who have rare childhood diseases. 3. Four health professionals who practice in the field of either pediatric cancer or rare childhood diseases. 4. One member who represents a nationwide pediatric cancer advocacy nonprofit organization. B. Commission members shall serve five-year terms and shall annually elect a chairperson from the membership. Commission members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. C. The commission shall: 1. Establish criteria for the clinical trials that qualify to receive research grants. 2. Oversee the application process and review applications for the clinical trial research grants to assist the director in selecting the most credible clinical trials to which to award the research grants. 3. Ensure that all commission meetings are open to the public and allow for public testimony. D. The director shall award grants to health care providers and research institutions that are located in this state, that are nonprofit organizations and that are engaged in clinical trials relating to research on pediatric cancer or other rare pediatric diseases. The monies awarded may be used in a collaborative study or research program with other facilities outside of this state. Nonprofit organizations that receive monies from the childhood cancer and rare disease research fund established by section 36-121 shall use the monies for the purposes prescribed in this subsection even if the monies are aggregated with other monies. E. Commission members shall recuse themselves from discussing and voting on any matter in which they have a conflict of interest. If at any time commission member recusals due to conflicts of interest cause the commission to no longer have a quorum to take official action, the director or the director's designee and other department staff members appointed by the director may act as members of the commission on any grant application at issue. F. Not later than August 1, 2027 and August 1 of each year thereafter, the commission shall submit a report to the appropriations committees and health and human services committees of the senate and the house of representatives, or their successor committees, detailing the number, amounts and recipients of the grants awarded pursuant to this section, the resulting research and any other relevant information. 36-122. Public health emergencies fund; exemption; report 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 emergency declaration by the governor. Monies in the fund are exempt from the provisions of section 35-190 relating to the lapsing of appropriations. B. On or before September 1 of each year, the department shall report any expenditures from the fund to the joint legislative budget committee. 36-123. Opioid abuse prevention campaign 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 include social media, broadcast, billboards and print media. Prevention components shall include graphic detail of the harmful effects of opioid and prescription drug abuse and law enforcement consequences and shall engage external partners, including the local education agency, for age-appropriate awareness. 36-123.01. Drug disposal education and awareness; controlled substances; public-private partnership; fund 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 awareness program may include: 1. A web-based resource that: (a) Describes available drug disposal options, including drug disposal take-back sites, drug disposal take-back events, in-home drug disposal options that render products safe from misuse and any other method that complies with state and federal laws and the rules adopted pursuant to those laws. (b) May reduce the availability of unused controlled substances and may minimize the potential environmental impact of drug disposal options. (c) Provides a list of drug disposal take-back sites that may be sorted and searched by name or location. (d) Provides a list of drug disposal take-back events in this state, including the date, time and location information for each event. (e) Describes appropriate disposal methods for needles and sharps and location sites providing for disposal of needles and sharps. 2. Educational activities designed to ensure consumer awareness of the safe storage and effective disposal of prescription drugs, including controlled substances, and nonprescription drugs. B. The drug disposal education and awareness fund is established consisting of monies donated or contributed to the fund by private persons or organizations. The department shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Monies in the fund shall be used to pay for the costs of administering the education and awareness program established pursuant to this section. 36-123.02. Alzheimer's disease research fund; exemption 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 more than ten percent of monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated. The director shall annually distribute monies in the fund. B. The director shall annually allocate monies from the fund, excluding administrative fees, to a charitable organization that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and that meets all of the following: 1. Is headquartered in this state. 2. Has been operating in this state for at least ten years. 3. Has participating member institutions that work together to end Alzheimer's disease by using their complementary strengths in brain imaging, computer science, genomics, basic and cognitive neurosciences and clinical and neuropathology research within a statewide collaborative model. 4. Has member institutions that educate residents of this state about Alzheimer's disease, research progress and resources needed to help patients, families and professionals manage the disease. C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 36-123.03. Congenital heart defect special plate fund A. The congenital heart defect special plate fund is established consisting of monies received pursuant to section 28-2470.02. 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 28-2470.02. Not more than ten percent of monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated. The director shall annually distribute monies in the fund. 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 headquartered in this state. 2. Supports a hospital that has been operating in this state for at least thirty-seven years, that has a primary focus of pediatric patient care and that has a heart center. C. The monies allocated from the fund shall be used only for congenital heart defect research, treatment and community education and outreach. D. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 36-123.04. 988 suicide prevention special plate fund A. The 988 suicide prevention special plate fund is established consisting of monies deposited pursuant to section 28-2470.27. The director shall administer the fund. The first $32,000 received shall be reimbursed to the person that pays the implementation fee to the department of transportation pursuant to section 28-2470.27. Not more than ten percent of the monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated. 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 that: 1. Supports the continued operation of the national 988 suicide and crisis lifeline. 2. Answers calls in this state from the national 988 suicide and crisis lifeline. 36-125.04. Financial statements; uniform accounting report; exemption 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 statement conducted in accordance with generally accepted auditing standards. Each hospital shall submit the statement within one hundred twenty days of the end of its fiscal year unless the director grants an extension in writing in advance of that date. B. If a hospital is part of a consolidated or combined group and is normally included in that group's financial statement, the hospital may submit a consolidated or combined statement if the group's statement identifies each of the group's separately licensed hospitals and nursing care institutions operating in this state. For each hospital or nursing care institution operating in this state and for each additional operating unit which accounts for five per cent or more of the consolidated or combined group's gross revenues, the statement shall include financial balances and information for that unit including a balance sheet, an income statement, a statement of changes in equity or fund balance and a statement of cash flows. This information shall be presented as "other financial information" in columnar format in the details of consolidation or combination. All other operating units of the group may be included in a single column labeled "other" provided that a footnote identifies each unit and the gross revenue associated with each unit. The financial information for each hospital included in a consolidated or combined financial statement shall reflect financial balances and information for only the hospital and shall not include nonhospital operations. C. Each hospital, nursing care institution and hospice shall submit a uniform accounting report to the department annually that includes the following: 1. A balance sheet detailing the assets, liabilities and net worth. 2. A statement of income and expenses. 3. A statement of cash flows. 4. A copy of annual financial and statistical documents submitted to the United States department of health and human services in accordance with the requirements of title XVIII and title XIX of the social security act. 5. Utilization and staffing information and standard units of measure as prescribed by rules. D. In place of the information required by subsection C, the director may permit a health care institution to file current cost reports and financial information that the institution files for other governmental reporting purposes, except that a health care institution shall file all information required by the Arizona health care cost containment system administration pursuant to title XVIII or XIX of the social security act. The department may require by rule the submission of additional information or schedules to supplement the alternative cost reports and financial information. E. In addition to the information prescribed in subsection C, a hospital shall also include with its title XVIII cost report all pertinent data, separately stated, on the title XIX program and the state-only funded medical programs under the Arizona health care cost containment system. A hospital may request a one year waiver from the department if logs and financial systems need to be changed in order to comply with this subsection. F. The department shall prescribe and furnish forms for the uniform accounting report submitted pursuant to subsection C. G. All reports filed pursuant to this section are open to public inspection at the offices of the department. The department shall ensure that this public access to reports does not breach confidentiality of privileged medical information or privileged information on an individual's work performance or earnings. H. If further investigation is considered necessary or desirable to verify the accuracy of information in reports filed pursuant to this section, the department may further examine records and accounts related to the reporting requirements of this section. The department shall bear the cost incurred in connection with this examination unless the department finds that the records examined are significantly deficient or incorrect, in which case the department may charge the cost of the investigation to the facility examined. I. This section does not apply to a facility owned or operated by this state. 36-125.05. Uniform patient reporting system; statistical and demographic reports; exemption 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 United States department of health and human services pursuant to titles XVIII and XIX of the social security act, as amended (42 United States Code sections 1395 through 1395pp), whether or not the effective date for the federal billing system is after January 31, 1984. B. The department shall require hospitals to report inpatient statistical data designed to promote cost containment as the department determines. These data shall be derivable from the data obtained under the uniform patient reporting system prescribed by subsection A and, for all inpatient services, shall include the following: 1. The number of confinements. 2. The average length of stay. 3. The average charge per day. 4. The average charge per confinement, which is the product of the average length of stay multiplied by the average charge per day. 5. The average charge per confinement for each attending physician. C. Each of the categories of data specified in subsection B shall be further categorized by one or more of the following methods as the department determines: 1. Discharge diagnoses. 2. Groupings of related diagnoses. 3. Groupings of diagnoses that typically have similar lengths of confinement. 4. Any other similar categories that may be determined by the department. D. The department shall require hospital emergency departments to report outpatient service statistical data designed to promote cost containment. The department shall adopt rules establishing the procedures for reporting. These data shall be derivable from the data obtained under the uniform patient reporting system prescribed in subsection A, and shall include the following: 1. Date of service. 2. Surgical procedures. 3. Related diagnosis. 4. Charges for services. E. The department may require hospitals and emergency departments to report other clinical and demographic data regarding patient age, sex or insurance coverage for inpatient and emergency department services. F. The state hospital is exempt from the reporting requirements imposed by subsections B, D and E. G. The data from the period beginning January 1 and ending June 30 of each year shall be reported on or before August 15 of that year. The data from the period beginning July 1 and ending December 31 of each year shall be reported on or before February 15 of the following year. H. All reports filed pursuant to this section are open to public inspection at the offices of the department. The department shall ensure that this public access to reports does not breach confidentiality of privileged medical information or privileged information on an individual's work performance or earnings. I. If further investigation is considered necessary or desirable to verify the accuracy of information in reports submitted under this section, the department may further examine records and accounts related to the reporting requirements of this section. The department shall bear the cost incurred in connection with this examination unless the department finds that the records examined are significantly deficient or incorrect, in which case the department may charge the cost of the investigation to the facility examined. 36-125.06. Comparative report; brochure 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 sixty days after the date the statistical data are required to be submitted by hospitals and emergency departments to the department pursuant to section 36-125.05, subsection G. Copies of the report shall be delivered to the governor, the president of the senate and the speaker of the house of representatives and placed on file with the Arizona state library, archives and public records. B. The director shall publish a brochure semiannually at the same time as the comparative report is published pursuant to subsection A of this section. The brochure shall be in the format prescribed by the director and shall contain a simple and concise comparison among hospitals and emergency departments in the same geographic region of average charges per confinement for the most common diagnoses and procedures for inpatient and emergency department services. Each hospital shall obtain copies of all current brochures for its geographic region and shall make available in its reception area a sufficient number of these brochures for free distribution of one copy to each individual requesting a copy. A hospital may charge a fee sufficient to cover the cost of postage and handling, if any, for each brochure, if mailed. The director shall provide on request a sufficient number of brochures to any authorized local agency as defined in section 36-401 and any other person or group requesting copies. The director shall not charge for brochures provided by the department. 36-125.07. Uniform billing; third party payors; exception; definitions 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 is obligated to pay a charge for any item or service may require that a hospital subject to the uniform billing requirements of section 36-125.05 submit existing supplemental information in conjunction with the uniform billing form in order to substantiate billing for emergency services. Except for the Arizona health care cost containment system and counties providing indigent health care as defined in subsection D, paragraphs 13 and 14 of this section, such person shall pay the reasonable cost to the hospital of reproducing such supplemental information that shall be related solely to such emergency services. C. For purposes of this section: 1. "Person" includes this state, any of its agencies, boards or commissions, any political subdivision of this state and any agency, board or commission of any such political subdivision. 2. "Third party payor" means any person obligated to pay for items or services provided to another. Third party payor includes the following: (a) Insurers as defined in section 20-104, including any insurer transacting any kind of insurance defined in title 20, chapter 2, article 2. (b) Hospital, medical, dental and optometric service corporations as defined in section 20-822. (c) Fraternal benefit societies as defined in section 20-861. (d) Prepaid dental plan organizations as defined in section 20-1001. (e) Health care services organizations as defined in section 20-1051. (f) Any person writing disability insurance policies subject to title 20, chapter 6, article 4. (g) Any person writing group or blanket disability insurance policies subject to title 20, chapter 6, article 5. (h) Providers of life care contracts as defined in section 20-1801. (i) Insurance carriers as defined in section 23-901. (j) Insurance carriers writing motor vehicle liability policies. (k) The Arizona health care cost containment system established pursuant to chapter 29 of this title. (l) Counties providing indigent health care. (m) Self-insured persons. 36-126. Violation; civil penalties 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 violation and the penalty pursuant to title 41, chapter 6, article 10. A person may appeal the penalty by filing a written request for a hearing within thirty days after receiving the notice. The department shall conduct this hearing pursuant to title 41, chapter 6, article 10. The director shall not enforce the penalty until the hearing is concluded. B. The attorney general shall enforce penalties imposed under this section in the justice court or the superior court in the county in which the violation occurred. C. Penalties imposed under this section are in addition to other penalties imposed under this chapter. Penalties collected pursuant to this section shall be deposited in the state general fund. 36-131. Definitions 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. 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 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 to promote 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 educating 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 coordinating 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, serv