A.R.S. tit. 36 ch. 6 — Arizona Revised Statutes Title 36 Chapter 6 — Public Health Control

36-601. Public nuisances dangerous to public health A. The following conditions are specifically declared public nuisances dangerous to the public health: 1. Any condition or place in populous areas that constitutes a breeding place for flies, rodents, mosquitoes and other insects that are capable of carrying and transmitting disease-causing organisms to any person or persons or any condition or place that constitutes a feral colony of honeybees that is not currently maintained by a beekeeper and that poses a health or safety hazard to the public. 2. Any spoiled or contaminated food or drink intended for human consumption. 3. Any restaurant, food market, bakery or other place of business or any vehicle where food is prepared, packed, processed, stored, transported, sold or served to the public that is not constantly maintained in a sanitary condition. 4. Any place, condition or building that is controlled or operated by any governmental agency and that is not maintained in a sanitary condition. 5. All sewage, human excreta, wastewater, garbage or other organic wastes deposited, stored, discharged or exposed so as to be a potential instrument or medium in the transmission of disease to or between any person or persons. 6. Any vehicle or container that is used in the transportation of garbage, human excreta or other organic material and that is defective and allows leakage or spillage of contents. 7. The presence of ectoparasites such as bedbugs, lice, mites and others in any place where sleeping accommodations are offered to the public. 8. The maintenance of any overflowing septic tank or cesspool, the contents of which may be accessible to flies. 9. The pollution or contamination of any domestic waters. 10. The use of the so-called common drinking cup used for drinking purposes by more than one person. This paragraph does not apply to receptacles properly washed and sanitized after each service. 11. The presence of common towels for use of the public in any public or semipublic place unless properly washed and sanitized following each use. 12. Buildings or any parts of buildings that are in a filthy condition and that may endanger the health of persons living in the vicinity. 13. Spitting or urinating on sidewalks, or floors or walls of a public building or buildings used for public assemblage, or a building used for manufacturing or industrial purposes, or on the floors or platforms or any part of a railroad or other public conveyance. 14. The use of the contents of privies, cesspools or septic tanks or the use of sewage or sewage plant effluents for fertilizing or irrigation purposes for crops or gardens except by specific approval of the department of health services or the department of environmental quality. 15. The maintenance of public assemblage or places of assemblage without providing adequate sanitary facilities. Open surface privies are adequate sanitary facilities if they are outside populous areas and meet reasonable health requirements. 16. Hotels, tourist courts and other lodging establishments that are not kept in a clean and sanitary condition or for which suitable and adequate toilet facilities are not provided. 17. The storage, collection, transportation, disposal and reclamation of garbage, trash, rubbish, manure and other objectionable wastes other than as provided and authorized by law. 18. Water, other than that used by irrigation, industrial or similar systems for nonpotable purposes, that is sold to the public, distributed to the public or used in production, processing, storing, handling, servicing or transportation of food and drink and that is unwholesome, poisonous or contains deleterious or foreign substances or filth or disease causing substances or organisms. 19. The emission of mercaptan in a concentration level that causes endangerment to the health or safety of any considerable number of persons of a neighborhood or community. 20. The operation of an environmental laboratory in violation of chapter 4.3, article 1 of this title. B. If the director has reasonable cause to believe from information furnished to the director or from investigation made by the director that any person is maintaining a nuisance or engaging in any practice contrary to the health laws of this state, the director shall promptly serve on that person by certified mail a cease and desist order requiring the person, on receipt of the order, promptly to cease and desist from that act. Within fifteen days after receipt of the order, the person to whom it is directed may request the director to hold a hearing. The director, as soon as practicable, shall hold a hearing, and if the director determines the order is reasonable and just and that the practice engaged in is contrary to the health laws of this state, the director shall order the person to comply with the cease and desist order. C. If a person fails or refuses to comply with the order of the director, or if a person to whom the order is directed does not request a hearing and fails or refuses to comply with the cease and desist order served by mail under subsection B, the director may file an action in the superior court in the county in which a violation occurred, restraining and enjoining the person from engaging in further acts. The court shall proceed as in other actions for injunctions. D. Notwithstanding subsection A, paragraph 19, the emission of mercaptan as a by-product of a pesticide is not a nuisance if applied according to state and federal restrictions. E. Notwithstanding subsection A, paragraph 3, a restaurant that uses sawdust on the floors of its dining areas is not in violation of this section or local health department sanitary rules if the restaurant replaces the sawdust each day with clean sawdust and complies with applicable standards for fire safety. 36-601.01. Smoke-free Arizona act (Caution: 1998 Prop. 105 applies.) A. Definitions. The following words and phrases, whenever used in this section, shall be construed as defined in this section: 1. "Employee" means any person who performs any service on a full-time, part-time or contracted basis whether or not the person is denominated an employee, independent contractor or otherwise and whether or not the person is compensated or is a volunteer. 2. "Employer" means a person, business, partnership, association, the state of Arizona and its political subdivisions, corporations, including a municipal corporations, trust, or non-profit entity that employs the services of one or more individual persons. 3. "Enclosed area" means all space between a floor and ceiling that is enclosed on all sides by permanent or temporary walls or windows (exclusive of doorways), which extend from the floor to the ceiling. Enclosed area includes a reasonable distance from any entrances, windows and ventilation systems so that persons entering or leaving the building or facility shall not be subjected to breathing tobacco smoke and so that tobacco smoke does not enter the building or facility through entrances, windows, ventilation systems or any other means. 4. "Health care facility" means any enclosed area utilized by any health care institution licensed according to title 36 chapter 4, chapter 6 article 7, or chapter 17, or any health care professional licensed according to title 32 chapters 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 28, 29, 33, 34, 35, 39, 41, or 42. 5. "Person" means an individual, partnership, corporation, limited liability company, entity, association, governmental subdivision or unit of a governmental subdivision, or a public or private organization of any character. 6. "Physically separated" means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passageway) and independently ventilated from smoke-free areas, so that air within permitted smoking areas does not drift or get vented into smoke-free areas. 7. "Places of employment" means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including office buildings, work areas, auditoriums, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, cafeterias, hallways, stairs, elevators, health care facilities, private offices and vehicles owned and operated by the employer during working hours when the vehicle is occupied by more than one person. A private residence is not a "place of employment" unless it is used as a child care, adult day care, or health care facility. 8. "Veteran and fraternal clubs" means a club as defined in A.R.S. 4-101(7)(a)(b) or (c). 9. "Public place" means any enclosed area to which the public is invited or in which the public is permitted, including airports, banks, bars, common areas of apartment buildings, condominiums or other multifamily housing facilities, educational facilities, entertainment facilities or venues, health care facilities, hotel and motel common areas, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports facilities, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility. 10. "Retail tobacco store" means a retail store that derives the majority of its sales from tobacco products and accessories. 11. "Smoking" means inhaling, exhaling, burning, or carrying or possessing any lighted tobacco product, including cigars, cigarettes, pipe tobacco and any other lighted tobacco product. 12. "Sports facilities" means enclosed areas of sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, billiard halls, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sporting events. B. Smoking is prohibited in all public places and places of employment within the state of Arizona, except the following: 1. Private residences, except when used as a licensed child care, adult day care, or health care facility. 2. Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than fifty percent of rooms rented to guests in a hotel or motel are so designated. 3. Retail tobacco stores that are physically separated so that smoke from retail tobacco stores does not infiltrate into areas where smoking is prohibited under the provisions of this section. 4. Veterans and fraternal clubs when they are not open to the general public. 5. Smoking when associated with a religious ceremony practiced pursuant to the American Indian religious freedom act of 1978. 6. Outdoor patios so long as tobacco smoke does not enter areas where smoking is prohibited through entrances, windows, ventilation systems, or other means. 7. A theatrical performance upon a stage or in the course of a film or television production if the smoking is part of the performance or production. C. The prohibition on smoking in places of employment shall be communicated to all existing employees by the effective date of this section and to all prospective employees upon their application for employment. D. Notwithstanding any other provision of this section, an owner, operator, manager, or other person or entity in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. E. Posting of signs and ashtray removal. 1. "No smoking" signs or the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted by the owner, operator, manager, or other person in control of that place identifying where smoking is prohibited by this section and where complaints regarding violations may be registered. 2. Every public place and place of employment where smoking is prohibited by this section shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. 3. All ashtrays shall be removed from any area where smoking is prohibited by this section by the owner, operator, manager, or other person having control of the area. F. No employer may discharge or retaliate against an employee because that employee exercises any rights afforded by this section or reports or attempts to prosecute a violation of this section. G. The law shall be implemented and enforced by the department of health services as follows: 1. The department shall design and implement a program, including the establishment of an internet website, to educate the public regarding the provisions of this law. 2. The department shall inform persons who own, manage, operate or otherwise control a public place or place of employment of the requirements of this law and how to comply with its provisions including making information available and providing a toll-free telephone number and e-mail address to be used exclusively for this purpose. 3. Any member of the public may report a violation of this law to the department. The department shall accept oral and written reports of violation and establish an e-mail address(es) and toll-free telephone number(s) to be used exclusively for the purpose of reporting violations. A person shall not be required to disclose the person's identity when reporting a violation. 4. If the department has reason to believe a violation of this law exists, the department may enter upon and into any public place or place of employment for purposes of determining compliance with this law. However, the department may inspect public places where food or alcohol is served at any time to determine compliance with this law. 5. If the department determines that a violation of this law exists at a public place or place of employment, the department shall issue a notice of violation to the person who owns, manages, operates or otherwise controls the public place or place of employment. The notice shall include the nature of each violation, date and time each violation occurred, and department contact person. 6. The department shall impose a civil penalty on the person in an amount of not less than $100, but not more than $500 for each violation. In considering whether to impose a fine and the amount of the fine, the department may consider whether the person has been cited previously and what efforts the person has taken to prevent or cure the violation including reporting the violation or taking action under subsection J. Each day that a violation occurs constitutes a separate violation. The director may issue a notice that includes the proposed amount of the civil penalty assessment. A person may appeal the assessment of a civil penalty by requesting a hearing. If a person requests a hearing to appeal an assessment, the director shall not take further action to enforce and collect the assessment until the hearing process is complete. The director shall impose a civil penalty only for those days on which the violation has been documented by the department. 7. If a civil penalty imposed by this section is not paid, the attorney general or a county attorney shall file an action to collect the civil penalty in a justice court or the superior court in the county in which the violation occurred. 8. The department may apply for injunctive relief to enforce these provisions in the superior court in the county in which the violation occurred. The court may impose appropriate injunctive relief and impose a penalty of not less than $100 but not more than $500 for each violation. Each day that a violation occurs constitutes a separate violation. If the superior court finds the violations are willful or evidence a pattern of noncompliance, the court may impose a fine up to $5000 per violation. 9. The department may contract with a third party to determine compliance with this law. 10. The department may delegate to a state agency or political subdivision of this state any functions, powers or duties under this law. 11. The director of the department may promulgate rules for the implementation and enforcement of this law. The department is exempt from the rulemaking procedures in A.R.S. § title 41, chapter 6 except the department shall publish draft rules and thereafter take public input including hold at least two public hearings prior to implementing the rules. This exemption expires May 1, 2007. H. Beginning on June 1, 2008 and every other June 1 thereafter, the director of the Arizona department of health services shall issue a report analyzing its activities to enforce this law, including the activities of all of the state agencies or political subdivisions to whom the department has delegated responsibility under this law. I. An owner, manager, operator or employee of place regulated by this law shall inform any person who is smoking in violation of this law that smoking is illegal and request that the illegal smoking stop immediately. J. This law does not create any new private right of action nor does it extinguish any existing common law causes of action. K. A person who smokes where smoking is prohibited is guilty of a petty offense with a fine of not less than fifty dollars and not more than three hundred dollars. L. Smoke-free Arizona fund 1. The smoke-free Arizona fund is established consisting of all revenues deposited in the fund pursuant to §42-3251.02 and interest earned on those monies. The Arizona department of health services shall administer the fund. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by §35-313 and monies earned from investment shall be credited to the fund. 2. All money in the smoke-free Arizona fund shall be used to enforce the provisions of this section provided however that if there is money remaining after the department has met its enforcement obligations, that remaining money shall be deposited in the tobacco products tax fund and used for education programs to reduce and eliminate tobacco use and for no other purpose. 3. Monies in this fund are continuously appropriated, are not subject to further approval, do not revert to the general fund and are exempt from the provisions of §36-190 relating to the lapsing of appropriations. M. This section does not prevent a political subdivision of the state from adopting ordinances or regulations that are more restrictive than this section nor does this section repeal any existing ordinance or regulation that is more restrictive than this section. N. Tribal sovereignty —this section has no application on Indian reservations as defined in ARS 42-3301(2). 36-602. Abatement of nuisances, sources of filth and causes of sickness; civil penalty; property assessment; procedure A. Notwithstanding any other provision of this title, when a nuisance, source of filth or cause of sickness exists on private property, the county board of health, the local health department, the county environmental department or the public health service district shall order the owner or occupant to remove it within twenty-four hours at the expense of the owner or occupant. The order may be delivered to the owner or occupant personally, or left at the owner or occupant's usual place of abode or served on the owner or occupant in the same manner as provided for service of process under the Arizona rules of civil procedure. If the order is not complied with, the board or department may impose a civil penalty pursuant to section 36-183.04 and shall cause the nuisance, source of filth or cause of sickness to be removed, and expenses of removal shall be paid by the owner, occupant or other person who caused the nuisance, source of filth or cause of sickness. B. A city or county may prescribe by sanitary ordinance or regulation a procedure for making the actual cost of this removal or abatement, including the actual costs of any additional inspection and other incidental costs in connection with the removal or abatement, an assessment on the lots and tracts of land on which the nuisance, source of filth or cause of sickness was abated or removed, subject to the following: 1. Any such ordinance or regulation shall include a provision for appeal of the assessment to the governing body or the board of supervisors or its designee. 2. The assessment, from the date of its recording in the office of the county recorder in the county where the lot or tract of land is located, is a lien on the lot or tract of land until paid. 3. Any assessment recorded is prior and superior to all other liens, obligations or other encumbrances, except liens for general taxes and prior recorded mortgages. 4. The city or county may bring an action to enforce the lien in the superior court in the county in which the property is located at any time after the recording of the assessment, but failure to enforce the lien by this action does not affect its validity. The recorded assessment is prima facie evidence of the truth of all matters recited in the assessment and of the regularity of all proceedings before the recording of the assessment. 5. A prior assessment for the purposes provided in this section is not a bar to a subsequent assessment or assessments for these purposes, and any number of liens on the same lot or tract of land may be enforced in the same action. 6. An assessment or lien recorded pursuant to this section does not limit, restrict or otherwise affect the authority of a city or county to undertake any additional enforcement action that is authorized by law, including applicable ordinances or regulations. 7. The ordinance or regulation shall provide notice to all lienholders. 36-603. Right to enter premises for inspection or abatement When a county board of health or a local health department deems it necessary to enter a building or structure within its jurisdiction for the purpose of examining, destroying, removing or preventing a nuisance, source of filth or cause of sickness and is refused entrance, any member of the board or officer of the department may make a complaint under oath to a justice of the peace. The justice of the peace shall issue a warrant directing the sheriff or other peace officer accompanied by and under the direction of at least one member of the board or department to destroy, remove or prevent, between the hours of sunrise and sunset, such nuisance, source of filth or cause of sickness. 36-604. Health menace near military encampments; classification When a condition exists in an area adjacent to a military encampment outside the corporate limits of a city or town which, in the opinion of the commander of the encampment concurred in by the department of health services, constitutes a health menace, the person responsible for the condition shall, upon an order from the department, abate it. Failure to do so within twenty-four hours after service of the order for abatement is a class 2 misdemeanor. 36-605. Common towel or drinking cup provided in public place; classification A person who knowingly provides or furnishes a common towel or a common drinking cup which may be used by more than one person in a barber shop, public wash house, public lavatory or any other public place, is guilty of a petty offense. 36-606. Pesticide illness; medical education; reports A. The director of the department of health services shall develop and implement, in cooperation with rural health clinics, county health departments, state and local medical associations, poison control centers and other appropriate health care professionals, a system for reporting and preventing pesticide provoked illnesses. This program shall include: 1. Medical education programs to alert health care professionals to the symptoms, diagnosis, treatment and reporting of pesticide provoked illnesses. 2. A statewide reporting network, which shall: (a) Require health care professionals and poison control centers to file incident reports of an illness that they reasonably believe, based on professional judgment, to be caused by or related to documented exposure to a pesticide. (b) Catalogue and retrieve data regarding pesticide poisoning for use in worker and public health education programs to prevent pesticide poisoning. B. The health care professional or poison control center required to file an incident report required pursuant to subsection A, paragraph 2, subdivision (a) of this section shall specifically indicate in the incident report the reason for believing that the illness is caused by or related to documented exposure to a pesticide and shall specify if the illness is caused by the documented exposure or is related to the documented exposure. All incident reports shall be filed with the director. The director shall provide to the Arizona department of agriculture all records, reports and information of all illnesses resulting from documented exposure to agriculture pesticides and structural pesticides. 36-621. Report of contagious diseases A person who learns that a contagious, epidemic or infectious disease exists shall immediately make a written report of the particulars to the appropriate board of health or health department. The report shall include names and residences of persons afflicted with the disease. If the person reporting is the attending physician he shall report on the condition of the person afflicted and the status of the disease at least twice each week. 36-622. Report by hotel keepers of contagious diseases The keeper of a private house, boarding house, lodging house, inn or hotel shall report in writing to the local board of health or health department within whose jurisdiction such occurs, each case of contagious, infectious or epidemic disease in his establishment. Such report shall be made within twenty-four hours after existence of the disease is known and shall include the name of persons afflicted and the nature of the disease. 36-623. Report by physician of death from contagious disease Physicians shall report in writing to the local board of health or health department the death within its jurisdiction of patients dying from contagious, infectious or epidemic diseases. The report shall be made within twenty-four hours after death, and shall include the specific name and character of the disease. 36-624. Quarantine and sanitary measures to prevent contagion When a county health department or public health services district is apprised that infectious or contagious disease exists within its jurisdiction, it shall immediately make an investigation. If the investigation discloses that the disease does exist, the county health department or public health services district may adopt quarantine and sanitary measures consistent with department rules and sections 36-788 and 36-789 to prevent the spread of the disease. The county health department or public health services district shall immediately notify the department of health services of the existence and nature of the disease and measures taken concerning it. 36-626. Disinfection or destruction of contaminated bedding and other articles A. A local board or health department may cause the destruction of beds, bedding, clothing, carpets or other articles which have been exposed to contamination from infectious or contagious disease, and allow reasonable compensation for destroyed articles. B. A local board or health department may provide a place with necessary apparatus and attendants for disinfection of contaminated articles and cause them to be disinfected, and may provide transportation for the conveyance of such articles or persons afflicted with contagious or infectious disease. 36-627. Temporary hospitals for persons with contagious disease A local board of health or health department may provide a temporary hospital or place of reception for persons with infectious or contagious diseases. Hospitals or other places in which infectious or contagious disease exists shall be under the control and subject to regulations of the local board of health or health department while such disease exists. During such periods of hospital control, inmates shall obey the regulations and instructions of the local board or department. 36-628. Provision for care of persons afflicted with contagious disease; expenses A. Local boards or health departments may employ physicians and other persons and provide such necessaries of life as they deem necessary for care of persons afflicted with contagious or infectious diseases. B. Expenses incurred in carrying out the provisions of this article shall be audited and allowed by the board incurring them and be a charge against the county or city for which the board or department was acting. C. Expenses incurred for the care, medical attendance or support of a sick person shall also be a charge upon such person and upon the person liable for his support if able to pay, and may be collected by the county or city incurring the expense. If a physician is called by a local board or department to attend a person infected with a contagious or infectious disease, it shall be a city or county charge. 36-630. Violation; classification A person who knowingly secretes himself or others known to have a contagious or infectious disease, or a member of a board of health or an officer of a local health department who with criminal negligence fails or refuses to perform a duty, or a person who violates a provision of this article or a rule, regulation, order, instruction or measure adopted and given the required publicity by a board of health is guilty of a class 3 misdemeanor unless another classification is specifically prescribed in this article. 36-631. Person with contagious or infectious disease exposing himself to public; classification; exception A person who knowingly exposes himself or another afflicted with a contagious or infectious disease in a public place or thoroughfare, except in the necessary removal of such person in a manner least dangerous to the public health, is guilty of a class 2 misdemeanor. 36-641. Lavatories, change and bath facilities required; obscene pictures or writing prohibited; violation; classification A. For the maintenance of public health, proper bathrooms, wash rooms, toilets and a heated change room immediately contiguous to the works shall be provided by every person, whether owner or operator, engaged in the treatment or reduction of ores or metals, in cement works, in works using oils, cyanide, acids or quicksilver. The toilets shall be screened and ventilated with not less than one seat for each twenty-five persons, and one seat for each fraction of that number above ten, employed in the establishment. One shower bath shall be provided for every twenty-five men employed in the establishment with adequate wash room facilities. The rooms and places shall at all times be open to employees and shall be kept in a clean and sanitary condition. A heated wash and change room shall be maintained contiguous to every mine employing twenty-five or more men. B. Any owner or operator of an establishment as provided in subsection A violating this section, and any person placing any obscene picture, writing or marking in or about the premises mentioned in subsection A, is guilty of a class 3 misdemeanor. 36-661. Definitions In this article, unless the context otherwise requires: 1. "Acquired immune deficiency syndrome" has the same meaning as defined by the centers for disease control of the United States public health service. 2. "Capacity to consent" means a person's ability, determined without regard to the person's age, to understand and appreciate the nature and consequences of a proposed health care service, treatment or procedure and to make an informed decision concerning that service, treatment or procedure. 3. "Child" means an unemancipated person who is under eighteen years of age. 4. "Communicable disease" means a contagious, epidemic or infectious disease that is required to be reported to the local board of health or the department pursuant to chapter 1 of this title and this chapter. 5. "Communicable disease related information" means information regarding a communicable disease that is in the possession of a person who provides health services or who obtains the information pursuant to the release of communicable disease related information. 6. "Contact" means a spouse or sex partner of a protected person, a person who has shared hypodermic needles or syringes with a protected person or a person who is otherwise exposed to a protected person with a communicable disease in a manner that poses an epidemiologically significant risk of transmission of that disease. 7. "Department" means the department. 8. "Director" means the director of the department of health services. 9. "First responder" means a law enforcement officer, a firefighter, an air ambulance attendant as defined in section 36-2201 or an ambulance attendant as defined in section 36-2201. 10. "Good Samaritan" means a person who renders emergency care or assistance in good faith and without compensation at the scene of any accident, fire or other life-threatening emergency and who believes that a significant exposure risk occurred while the person rendered care or assistance. 11. "Health care decision maker" has the same meaning prescribed in section 12-2801. 12. "Health care provider" means a physician, nurse or other person involved in providing health services. 13. "Health facility" means a health care institution as defined in section 36-401, a blood bank, blood center, milk bank, sperm bank, organ or tissue bank or clinical laboratory or a health care services organization holding a certificate of authority pursuant to section 20-1054. 14. "Health service" means public or private care, treatment, clinical laboratory tests, counseling or educational service for adults or children and acute, chronic, custodial, residential, outpatient, home or other health care or activities related to detecting, reporting, preventing and controlling communicable or preventable diseases. 15. "HIV" means the human immunodeficiency virus. 16. "HIV infection" means infection with the human immunodeficiency virus or a related virus identified as a probable causative agent of acquired immune deficiency syndrome. 17. "HIV-related illness" means an illness that may result from or be associated with HIV infection. 18. "HIV-related information" means information concerning whether a person has had an HIV-related test or has an HIV infection, an HIV-related illness or acquired immune deficiency syndrome and includes information that identifies or reasonably allows identification of that person or the person's contacts. 19. "HIV-related test" means a laboratory test or series of tests for the virus, components of the virus or antibodies to the virus thought to indicate the presence of HIV infection. 20. "Occupational significant exposure risk" means a significant exposure risk that occurs in the performance of a health care provider's professional duties or a first responder's official duties. 21. "Protected person" means a person who takes an HIV-related test or who has been diagnosed as having an HIV infection, acquired immune deficiency syndrome, an HIV-related illness or another communicable disease. 22. "Significant exposure risk" means contact with another person in a manner that, if the other person has a communicable disease, poses an epidemiologically significant risk of transmission of that disease as determined by the department. 36-662. Access to records In conducting an investigation of a reportable communicable disease the department of health services and local health departments may inspect and copy medical or laboratory records in the possession of or maintained by a health care provider or health care facility which are related to the diagnosis, treatment and control of the specific communicable disease case reported. Requests for records shall be made in writing by the appropriate officer of the department of health services or local health department and shall specify the communicable disease case and the patient under investigation. 36-664. Confidentiality; exceptions A. A person who obtains communicable disease related information in the course of providing a health service or obtains that information from a health care provider pursuant to an authorization shall not disclose or be compelled to disclose that information except as authorized by state or federal law, including the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 160 and part 164, subpart E), or pursuant to the following: 1. The protected person or, if the protected person lacks capacity to consent, the protected person's health care decision maker. 2. A health care provider or first responder who has had an occupational significant exposure risk to the protected person's blood or bodily fluid if the health care provider or first responder provides a written request that documents the occurrence and information regarding the nature of the occupational significant exposure risk and the report is reviewed and confirmed by a health care provider who is both licensed pursuant to title 32, chapter 13, 14, 15 or 17 and competent to determine a significant exposure risk. A health care provider who releases communicable disease information pursuant to this paragraph shall provide education and counseling to the person who has had the occupational significant exposure risk. 3. The department or a local health department for purposes of notifying a Good Samaritan pursuant to subsection E of this section. 4. An agent or employee of a health facility or health care provider to provide health services to the protected person or the protected person's child or for billing or reimbursement for health services. 5. A health facility or health care provider, in relation to procuring, processing, distributing or using a human body or a human body part, including organs, tissues, eyes, bones, arteries, blood, semen, milk or other body fluids, for use in medical education, research or therapy or for transplantation to another person. 6. A health facility or health care provider, or an organization, committee or individual designated by the health facility or health care provider, that is engaged in the review of professional practices, including the review of the quality, utilization or necessity of medical care, or an accreditation or oversight review organization responsible for the review of professional practices at a health facility or by a health care provider. 7. A private entity that accredits the health facility or health care provider and with whom the health facility or health care provider has an agreement requiring the agency to protect the confidentiality of patient information. 8. A federal, state, county or local health officer if disclosure is mandated by federal or state law. 9. A federal, state or local government agency authorized by law to receive the information. The agency is authorized to redisclose the information only pursuant to this article or as otherwise allowed by law. 10. An authorized employee or agent of a federal, state or local government agency that supervises or monitors the health care provider or health facility or administers the program under which the health service is provided. An authorized employee or agent includes only an employee or agent who, in the ordinary course of business of the government agency, has access to records relating to the care or treatment of the protected person. 11. A person, health care provider or health facility to which disclosure is ordered by a court or administrative body pursuant to section 36-665. 12. The industrial commission of Arizona or parties to an industrial commission of Arizona claim pursuant to section 23-908, subsection D and section 23-1043.02. 13. Insurance entities pursuant to section 20-448.01 and third-party payors or the payors' contractors. 14. Any person or entity as authorized by the patient or the patient's health care decision maker. 15. A person or entity as required by federal law. 16. The legal representative of the entity holding the information in order to secure legal advice. 17. A person or entity for research only if the research is conducted pursuant to applicable federal or state laws and regulations governing research. 18. A person or entity that provides services to the patient's health care provider, as defined in section 12-2291, and with whom the health care provider has a business associate agreement that requires the person or entity to protect the confidentiality of patient information as required by the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 164, subpart E). 19. A county medical examiner or an alternate medical examiner directing an investigation into the circumstances surrounding a death pursuant to section 11-593. B. At the request of the department of child safety or the department of economic security and in conjunction with the placement of children in foster care or for adoption or court-ordered placement, a health care provider shall disclose communicable disease information, including HIV-related information, to the department of child safety or the department of economic security. C. A state, county or local health department or officer may disclose communicable disease related information if the disclosure is any of the following: 1. Specifically authorized or required by federal or state law. 2. Made pursuant to an authorization signed by the protected person or the protected person's health care decision maker. 3. Made to a contact of the protected person. The disclosure shall be made without identifying the protected person. 4. Made for the purposes of research as authorized by state and federal law. 5. Made to a nonprofit health information organization as defined in section 36-3801 that is designated by the department as this state's official health information exchange organization. D. The director may authorize the release of information that identifies the protected person to the national center for health statistics of the United States public health service for the purposes of conducting a search of the national death index. E. The department or a local health department shall disclose communicable disease related information to a Good Samaritan who submits a request to the department or the local health department. The request shall document the occurrence of the accident, fire or other life-threatening emergency and shall include information regarding the nature of the significant exposure risk. The department shall adopt rules that prescribe standards of significant exposure risk based on the best available medical evidence. The department shall adopt rules that establish procedures for processing requests from Good Samaritans pursuant to this subsection. The rules shall provide that the disclosure to the Good Samaritan not reveal the protected person's name and be accompanied by a written statement that warns the Good Samaritan that the confidentiality of the information is protected by state law. F. An authorization to release communicable disease related information shall be signed by the protected person or, if the protected person lacks capacity to consent, the protected person's health care decision maker. An authorization shall be dated and shall specify to whom disclosure is authorized, the purpose for disclosure and the time period during which the release is effective. A general authorization for the release of medical or other information, including communicable disease related information, is not an authorization for the release of HIV-related information unless the authorization specifically indicates its purpose as an authorization for the release of confidential HIV-related information and complies with the requirements of this section. G. A person to whom communicable disease related information is disclosed pursuant to this section shall not disclose the information to another person except as authorized by this section. This subsection does not apply to the protected person or a protected person's health care decision maker. H. This section does not prohibit the listing of communicable disease related information, including acquired immune deficiency syndrome, HIV-related illness or HIV infection, in a certificate of death, autopsy report or other related document that is prepared pursuant to law to document the cause of death or that is prepared to release a body to a funeral director. This section does not modify a law or rule relating to access to death certificates, autopsy reports or other related documents. I. If a person in possession of HIV-related information reasonably believes that an identifiable third party is at risk of HIV infection, that person may report that risk to the department. The report shall be in writing and include the name and address of the identifiable third party and the name and address of the person making the report. The department shall contact the person at risk pursuant to rules adopted by the department. The department employee making the initial contact shall have expertise in counseling persons who have been exposed to or tested positive for HIV or acquired immune deficiency syndrome. J. Except as otherwise provided pursuant to this article or subject to an order or search warrant issued pursuant to section 36-665, a person who receives HIV-related information in the course of providing a health service or pursuant to a release of HIV-related information shall not disclose that information to another person or legal entity or be compelled by subpoena, order, search warrant or other judicial process to disclose that information to another person or legal entity. K. This section and sections 36-666, 36-667 and 36-668 do not apply to persons or entities that are subject to regulation under title 20. 36-665. Order for disclosure of communicable disease related information A. Notwithstanding any other law, no court or administrative body may issue an order for the disclosure of or a search warrant for communicable disease related information, except as provided by this section. An administrative body includes any administrative law judge or hearing officer presiding over matters relating to the administrative body. B. An order for disclosure of or a search warrant for communicable disease related information may be issued on an application showing any one of the following: 1. A compelling need for disclosure of the information for the adjudication of a criminal, civil or administrative proceeding. 2. A clear and imminent danger to a person whose life or health may unknowingly be at significant risk as a result of contact with the person to whom the information pertains. 3. If the application is filed by a state, county or local health officer, a clear and imminent danger to the public health. 4. That the applicant is lawfully entitled to the disclosure and the disclosure is consistent with the provisions of this article. 5. A clear and imminent danger to a person or to public health or a compelling need requiring disclosure of the communicable disease related information. C. On receiving an application pursuant to this section, the court or administrative body shall enter an order directing that the file be sealed and not made available to any person, except to the extent necessary to conduct a proceeding in connection with the determination of whether to grant or deny the application, including an appeal. The court or administrative body shall also order that all subsequent proceedings in connection with the application be conducted in camera and, if appropriate to prevent the unauthorized disclosure of communicable disease related information, that pleadings, papers, affidavits, judgments, orders, briefs and memoranda of law that are part of the application or the decision not state the name of the person concerning whom communicable disease related information is sought. D. The person concerning whom the information is sought and a person holding records from whom disclosure is sought shall be given adequate notice of the application in a manner which does not disclose to any other person the identity of the person and may file a written response to the application or appear in person for the limited purpose of providing evidence on the criteria for the issuance of an order pursuant to this section. E. The court or administrative body may grant an order without notice and an opportunity to be heard if an ex parte application by a public health officer shows that a clear and imminent danger to a person whose life or health may unknowingly be at risk requires an immediate order and that notice to the individual about whom the information is sought is not reasonable under the circumstances. F. Service of a subpoena is not required for actions brought pursuant to subsections D and E. G. In assessing compelling need and clear and imminent danger, the court or administrative body shall provide written findings of fact, including scientific or medical findings, citing specific evidence in the record which supports each finding, and shall weigh the need for disclosure against the privacy interest of the protected person and the public interest which may be disserved by disclosure which deters future testing or treatment or which may lead to discrimination. H. An order authorizing disclosure of or a search warrant for communicable disease related information shall: 1. Limit disclosure to that information which is necessary to fulfill the purpose for which the order is granted. 2. Limit disclosure to those persons whose need for the information is the basis for the order, and specifically prohibit redisclosure by persons to any other persons, whether or not they are parties to the action. 3. To the extent possible consistent with this section, conform to the provisions of this article. 4. Include other measures as deemed necessary to limit disclosures not authorized by the order. I. Notwithstanding any other law, a court or administrative body shall not order the department, a county health department or a local health department to release HIV-related information in its possession. 36-666. Violation; classification; immunity A. A person who knowingly does the following is guilty of a class 3 misdemeanor: 1. Performs, or permits or procures the performance of, an HIV-related test in violation of this article. 2. Discloses, compels another person to disclose or procures the disclosure of communicable disease related information in violation of this article. B. A person, health facility or health care provider disclosing communicable disease related information pursuant to or required by this article is immune from civil or criminal liability if the person, health care facility or health care provider acted in good faith and without malice. C. A health facility or health care provider, including a physician, the physician's employer or the health care facility or health care provider with which the physician is associated, is immune from civil or criminal liability for failing to disclose communicable disease related information to a contact or a person authorized pursuant to law to consent to health care for a protected person if the health facility or health care provider acted in good faith and without malice. D. For the purposes of this section, good faith and the absence of malice are presumed unless the presumption is overcome by a demonstration of clear and convincing evidence to the contrary. 36-667. Civil penalty A. The department may impose a civil penalty of not more than five thousand dollars if a person does the following in violation of this article: 1. Performs, or permits or procures the performance of, an HIV-related test in violation of this article. 2. Discloses, compels another person to disclose or procures the disclosure of communicable disease related information in violation of this article. B. The director shall deposit, pursuant to sections 35-146 and 35-147, all monies collected pursuant to this section in the state general fund. 36-668. Private right of action A protected person may bring an action in superior court for legal and equitable relief on his own behalf against a person who violates this article. 36-669. Human immunodeficiency testing of prisoners The state department of corrections in consultation with the department of health services may require that a prisoner be tested for the human immunodeficiency virus if the department of corrections has reasonable grounds to believe that the person is infected with the human immunodeficiency virus and is a health threat to others. 36-670. Good Samaritan; deceased person; disease testing; petition; hearing; notice; exception A. A Good Samaritan may petition the court for an order authorizing testing of a deceased person for the human immunodeficiency virus, common bloodborne diseases or other diseases specified in the petition if there are reasonable grounds to believe an exposure occurred and there is probable cause to believe that the deceased person transferred blood or other bodily fluids on or through the skin or membranes of the Good Samaritan. B. The court shall hear the petition promptly. If the court finds that probable cause exists to believe that a possible transfer of blood or other bodily fluids occurred between the deceased person and the Good Samaritan, the court shall order that the county medical examiner or alternate medical examiner draw two specimens of blood, if available, for testing and make the samples available for testing by a private health care provider or private health facility specified in the court order at the Good Samaritan's expense. C. Notwithstanding subsection B of this section, on written notice from the department, the county medical examiner or alternate medical examiner is authorized to draw two specimens of blood, if available, during the autopsy or other examination of the deceased person's body, for infectious disease testing. The county medical examiner or alternate medical examiner shall release the specimen only after the court issues an order pursuant to subsection B of this section. If the court does not issue an order within thirty days after the county medical examiner or alternate medical examiner collects the specimen, the county medical examiner or alternate medical examiner shall destroy the specimen. D. Notice of the test results shall be provided as prescribed by the department to the Good Samaritan named in the petition. E. Section 36-665 does not apply to this section. 36-671. 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. 3. "Documentary proof" means written evidence that a pupil has been immunized or has laboratory evidence of immunity which conforms with the standards promulgated pursuant to section 15-872. 4. "Dose" means the number in a series of immunizations which may be prescribed pursuant to section 36-672. 5. "Health agency" means a local health department or similar governmental agency established pursuant to the laws of another state or country and its officers and employees. 6. "Immunization" means the process of inoculation with a specific antigen to promote antibody formation in the body. 7. "Immunized" means the required initial immunization and boosters or reimmunization prescribed pursuant to section 36-672. 8. "Laboratory evidence of immunity" means written evidence of serologic confirmation of the presence of specific antibodies against an immunization-preventable disease which is signed by a physician or an authorized representative of a health agency. 9. "Local health department" means local health departments established pursuant to chapter 1, article 4 of this title. 10. "Physician" means a person licensed pursuant to title 32, chapter 13, 17 or 29 or a person licensed to practice allopathic or osteopathic medicine under the laws of another state or country. 11. "Pupil" means a person who is eligible to receive instruction at a school and includes pre-kindergarten age children receiving either services for children with disabilities or day care on a school campus otherwise exempt from day care rules pursuant to section 36-884. 12. "School" means a public, private or parochial school that offers instruction at any level or grade through twelfth grade, except for day care facilities regulated pursuant to chapter 7.1 of this title. 13. "School administrator" means the principal or person having general daily control and supervision of the school or that person's designee. 36-672. Immunizations; department rules A. Consistent with section 15-873, the director shall adopt rules prescribing required immunizations for school attendance, the approved means of immunization and indicated reinforcing immunizations for diseases and identifying types of health agencies and health care providers that may sign a laboratory evidence of immunity. The rules shall include the required doses and recommended optimum ages for administration of the immunizations, persons who are authorized representatives to sign on behalf of a health agency and other provisions necessary to implement this article. B. The director, in consultation with the superintendent of public instruction, shall develop by rule standards for documentary proof. C. The following immunizations are not required for school attendance: 1. The immunization against the human papillomavirus. 2. An immunization for COVID-19 or any variant of COVID-19. D. An immunization must be prescribed by a rule adopted pursuant to subsection A of this section before the immunization may be required for in-person school attendance. E. Pursuant to section 1-602, this section does not preclude a parent's right to make health care decisions for the parent's minor child. 36-673. Duties of local health departments; immunization; reimbursement; training; informed consent A. A local health department in cooperation with each school within the county shall provide for the required immunization of pupils attending school. B. A local health department shall provide immunizations required for school attendance at no cost to the pupil or pupil's parent, guardian or person in loco parentis. In order to receive reimbursement for the cost of the immunization from the pupil's or parent's private health insurance coverage, the local health department may enter into a contract governing the terms of reimbursement and claims with the corresponding private health care insurer. The local health department may enter into a contract with a private health care insurer on its own, in conjunction with other local health departments or through a qualified intermediary. If the local health department chooses not to contract with a private health care insurer, or does not respond to the request to contract from a private health care insurer within ninety days of the request, the insurer is not required to reimburse the local health department for the immunization. If a private health care insurer