Arizona Laws 36-421. Construction or modification of a health care institution
A. A license application for a health care institution shall include, on a form provided by the department, a notarized attestation from an architect registered pursuant to Title 32, Chapter 1 that verifies the architectural plans and specifications meet or exceed standards adopted by the department. These plans and specifications shall meet the minimum standards for licensure within the class or subclass of health care institution for which it is intended. The application shall include the name and address of each owner and lessee of any agricultural land that is regulated pursuant to section 3-365.
Terms Used In Arizona Laws 36-421
- Adult behavioral health therapeutic home: means a residence for individuals who are at least eighteen years of age, have behavioral health issues and need behavioral health services that does all of the following for those individuals:
(a) Provides room and board. See Arizona Laws 36-401
- Construction: means building, erecting, fabricating or installing a health care institution. See Arizona Laws 36-401
- Department: means the department of health services. See Arizona Laws 36-401
- Health care institution: means every place, institution, building or agency, whether organized for profit or not, that provides facilities with medical services, nursing services, behavioral health services, health screening services, other health-related services, supervisory care services, personal care services or directed care services and includes home health agencies as defined in section 36-151, outdoor behavioral health care programs and hospice service agencies. See Arizona Laws 36-401
- Hospice: means a hospice service agency or the provision of hospice services in an inpatient facility. See Arizona Laws 36-401
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Modification: means the substantial improvement, enlargement, reduction or alteration of or other change in a health care institution. See Arizona Laws 36-401
- Nursing-supported group home: means a health care institution that is a community residential setting as defined in section 36-551 for not more than six persons with developmental disabilities, that is operated by a service provider under contract with the department of economic security and that provides room and board, daily habilitation and continuous nursing support and intervention. See Arizona Laws 36-401
- Property: includes both real and personal property. See Arizona Laws 1-215
- Writing: includes printing. See Arizona Laws 1-215
B. Construction or modification of a licensed health care institution shall meet the minimum standards for licensure within the class or subclass of health care institution for which it is intended.
C. An applicant shall comply with all state statutes and rules and local codes and ordinances required for the health care institution’s construction.
D. A health care institution or its facility shall not be licensed if it is located on property that is less than four hundred feet from agricultural land that is regulated pursuant to section 3-365, except that the owner of the agricultural land may agree to comply with the buffer zone requirements of section 3-365. If the owner agrees in writing to comply with the buffer zone requirements and records the agreement in the office of the county recorder as a restrictive covenant running with the title to the land, the health care institution or facility may be licensed and located within the affected buffer zone. The agreement may include any stipulations regarding the health care institution or facility, including conditions for future expansion of the health care institution or facility and changes in the operational status of the health care institution or facility that will result in a breach of the agreement. This subsection does not apply to the issuance of a license for a health care institution located in the same location for which a health care institution license was previously issued.
E. Notwithstanding any law to the contrary, a health care institution that was licensed as a level 1 psychiatric acute behavioral health facility-inpatient facility as of January 1, 2012 and that is not certified under title XIX of the social security act shall be licensed as a hospital and is not required to comply with the physical plant standards for a general hospital, rural general hospital or special hospital prescribed by the department.
F. An adult behavioral health therapeutic home is not required to comply with the building codes or zoning standards for a health care institution prescribed by the department.
G. The Arizona pioneers’ home is not required to comply with subsection A of this section and the physical plant standards for a health care institution prescribed by the department.
H. A nursing-supported group home is not required to comply with the zoning standards for a health care institution prescribed by the department.
I. For the purposes of this section, health care institution does not include a home health agency or a hospice service agency.