In this article, unless the context otherwise requires:

Terms Used In Arizona Laws 36-446

  • Assisted living facility: means a residential care institution, including an adult foster care home, that provides or contracts to provide supervisory care services, personal care services or directed care services on a continuous basis. See Arizona Laws 36-401
  • Assisted living facility manager: means a person who has responsibility for administering or managing an assisted living facility, whether or not that person has an ownership interest in the institution and whether or not the person's functions and duties are shared with others. See Arizona Laws 36-446
  • Board: means the board of examiners of nursing care institution administrators and assisted living facility managers. See Arizona Laws 36-446
  • Department: means the department of health services. See Arizona Laws 36-446
  • Direction: means authoritative policy or procedural guidance for the accomplishment of a function or activity. See Arizona Laws 36-401
  • Director: means the director of the department of health services. See Arizona Laws 36-446
  • Facilities: means buildings that are used by a health care institution for providing any of the types of services as defined in this chapter. See Arizona Laws 36-401
  • Fraud: Intentional deception resulting in injury to another.
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Nursing care institution: means a health care institution that provides inpatient beds or resident beds and nursing services to persons who need continuous nursing services but who do not require hospital care or direct daily care from a physician. See Arizona Laws 36-401
  • Nursing services: means those services that pertain to the curative, restorative and preventive aspects of nursing care and that are performed at the direction of a physician by or under the supervision of a registered nurse licensed in this state. See Arizona Laws 36-401
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Physician: means any person who is licensed pursuant to title 32, chapter 13 or 17. See Arizona Laws 36-401

1. "Administrator" or "nursing care institution administrator" means a person who is charged with the general administration of a nursing care institution, whether or not that person has an ownership interest in the institution and whether or not the person’s functions and duties are shared with others.

2. "Assisted living facility" has the same meaning prescribed in section 36-401.

3. "Assisted living facility manager" means a person who has responsibility for administering or managing an assisted living facility, whether or not that person has an ownership interest in the institution and whether or not the person’s functions and duties are shared with others.

4. "Assisted living facility training program" includes:

(a) Training that is required for assisted living facility manager certification.

(b) Training that is required for assisted living facility caregivers and that is consistent with the training, competency and test methodology standards developed by the Arizona health care cost containment system administration for in-home direct care workers.

5. "Board" means the board of examiners of nursing care institution administrators and assisted living facility managers.

6. "Department" means the department of health services.

7. "Directed care services" has the same meaning prescribed in section 36-401.

8. "Director" means the director of the department of health services.

9. "Nursing care institution":

(a) Means an institution or other place, however named, whether for profit or not, including facilities operated by the state or a subdivision of the state, that is advertised, offered, maintained or operated for the express or implied purpose of providing care to persons who need nursing services on a continuing basis but who do not require hospital care or care under the daily direction of a physician

(b) Does not include:

(i) An institution for the care and treatment of the sick that is operated only for those who rely solely on treatment by prayer or spiritual means in accordance with the tenets of a recognized religious denomination.

(ii) Nursing care services that are an integral part of a hospital licensed pursuant to this chapter.

10. "Unprofessional conduct" includes:

(a) Dishonesty, fraud, incompetency or gross negligence in performing administrative duties.

(b) Gross immorality or proselytizing religious views on patients without their consent.

(c) Other abuses of official responsibilities, which may include intimidating or neglecting patients.