A.R.S. tit. 36 ch. 22 — Arizona Revised Statutes Title 36 Chapter 22 — Protection Of Minors

36-2271. Consent of parents required for surgical procedures upon minor; exception; classification A. Except as otherwise provided by law, no person, corporation, association, organization, state-supported institution, or individual employed by any of same may procure, solicit to perform, arrange for the performance of, or perform surgical procedures upon a minor without first obtaining a written consent of a parent or legal guardian of the minor. B. No health care institution as defined in section 36-401 may permit surgical procedures to be performed upon a minor in its facilities without first having received a written consent from a parent or legal guardian of the minor. C. The provisions of this section shall not apply when it has been determined by a physician that an emergency exists and that it is necessary to perform such surgical procedures for the treatment of a serious disease, injury or drug abuse, or to save the life of the patient, or when such parent or legal guardian cannot be located or contacted after reasonably diligent effort. D. A person who violates a provision of this section is guilty of a class 1 misdemeanor. 36-2272. Consent of parent required for mental health screening or treatment of minors; exception; violation; classification; definition A. Except as otherwise provided by law or a court order, no person, corporation, association, organization or state-supported institution, or any individual employed by any of these entities, may procure, solicit to perform, arrange for the performance of or perform mental health screening in a nonclinical setting or mental health treatment on a minor without first obtaining the written or oral consent of a parent or a legal custodian of the minor child. If the parental consent is given through telehealth, the health professional must verify the parent's identity at the site where the consent is given. B. This section does not apply when an emergency exists that requires a person to perform mental health screening or provide mental health treatment to prevent serious injury to or save the life of a minor child. C. A person who violates this section is guilty of a class 1 misdemeanor. D. For the purposes of this section, "parent" means the parent or legal guardian of a minor child. 36-2281. Infants; nutritional and medical denial or deprivation prohibited; definition A. A person shall not deny or deprive an infant of nourishment with the intent to cause or allow the death of the infant for any reason including: 1. The infant was born with a disability. 2. The infant is not wanted by the parent, parents or guardian. 3. The infant is born alive by natural or artificial means. B. A person shall not deprive an infant of necessary lifesaving medical treatment or surgical care. C. This section shall not be construed to prevent an infant's parent, parents or guardian from refusing to give consent to medical treatment or surgical care which is not medically necessary, including care or treatment which either: 1. Is not necessary to save the life of the infant. 2. Has a potential risk to the infant's life or health that outweighs the potential benefit to the infant of the treatment or care. 3. Is futile treatment or treatment that will do no more than temporarily prolong the act of dying when death is imminent. D. In determining whether any of the possible medical treatments will be medically necessary for an infant, reasonable medical judgments in selecting among alternative courses of treatment shall be respected. E. In this article, "infant" means a child less than one year of age. 36-2282. Duty to inform; reports of denial or deprivation; disciplinary action prohibited; report to department of child safety A. Any health care institution with a perinatal, obstetrical or pediatric unit shall inform its administrators and other employees associated with the perinatal, obstetrical or pediatric unit of: 1. Their duty pursuant to section 13-3620 to report any denial or deprivation of necessary medical treatment or surgical care or nourishment with the intent to cause or allow the death of the infant. 2. Their right to make a report free from any disciplinary action by the health care institution. 3. A full description of the manner in which a report is to be made. B. A health care institution shall not take or threaten to take any disciplinary action against any employee in retaliation for the employee making a report pursuant to section 13-3620. C. A health care institution as specified in subsection A of this section shall report all suspected incidents of denial or deprivation of medically necessary treatment, surgical care or nourishment with the intent to cause or allow the death of the infant to the department of child safety as each incident occurs. 36-2283. Certain information to parents required Any health care institution with a perinatal, obstetrical or pediatric unit shall make available to each parent of any newborn child born with an identifiable disability information it receives from public or private agencies regarding agencies which are available to provide the parent with assistance, information or support pertaining to the care of the child and the manner in which the agencies may be contacted. 36-2284. Infant care review committee A. All health care institutions that provide health care services to infants are encouraged to establish infant care review committees to assist the institutions in delivering health care and related services to infants and in complying with sections 36-2281 and 36-2283. Two or more health care institutions may establish a joint infant care review committee. B. If any health care institution does not have an infant care review committee, the department of health services may establish an infant care review committee for one or more such institutions. C. All proceedings, records and materials prepared in connection with reviews by an infant care review committee are confidential and are not subject to discovery, except that: 1. The findings and recommendations of the infant care review committee may be recorded in the infant's medical record. 2. The following information shall be provided on request to the infant's attending or consulting physicians, the infant's parents, legal guardian or custodian or the department of child safety: (a) The infant's medical record number. (b) The date and time of the review. (c) A list of all persons presenting information to the committee. (d) A list of all persons, including committee members, present during the deliberations of the committee. (e) The recommendations of the committee. D. A person present during deliberations of the infant care review committee or having access to its records shall not be subpoenaed to testify in any judicial or quasi-judicial proceeding as to the nature of the discussions held or to the opinions or statements of any person expressed during the proceedings. E. This section shall not be construed to affect any patient's claim to privilege or privacy or to prevent the subpoena of a patient's medical records if they are otherwise subject to discovery or to restrict the powers and duties of the director pursuant to this chapter with respect to records and information that are not subject to this section. In any legal action brought against a health care institution alleging negligence for failure to adequately conduct an infant care review committee, representatives of the institution are permitted to testify as to whether there was an infant care review committee review concerning the subject matter being litigated. The contents and records of the infant care review committee proceedings are fully confidential and inadmissible as evidence in any court of law except as provided in subsection C of this section. F. A person who in good faith and without malice takes any action or makes any recommendation as a member, agent or employee of a health care institution infant care review committee, or who furnishes any records, information or assistance to such a committee, is not subject to criminal liability or liability for civil damages or for any legal action in consequence thereof, nor shall the institution or institutions that established the committee or its officers, directors, employees or agents be liable for the activities of any such person. This subsection does not relieve any person of liability arising from treatment of a patient. G. Any publication by any person of the proceedings of an infant care review committee or of the records or materials prepared in connection with the review by an infant care review committee shall be made only for the purposes provided in subsection C of this section or for research or statistical purposes authorized by the health care institution. Except as provided in subsection C of this section, the identity of any patient whose condition, care or treatment is mentioned in such proceedings, records or materials shall be kept confidential.