Sections
Article 1 Health Menaces 36-601 – 36-606
Article 2 Contagious Diseases 36-621 – 36-631
Article 3 Industrial Sanitation 36-641
Article 4 Communicable Disease Information 36-661 – 36-670
Article 4.1 School Immunization 36-671 – 36-674
Article 5 Maternal and Child Health 36-691 – 36-700
Article 6 Tuberculosis Control 36-711 – 36-738
Article 7 Licensing and Regulation of Midwifery 36-751 – 36-760
Article 7.1 Community Health Workers 36-765 – 36-765.07
Article 8 Tobacco Tax Funds 36-770 – 36-779
Article 9 Enhanced Surveillance Advisories and Public Health Emergencies 36-781 – 36-790
Article 11 Bedding 36-796 – 36-796.08
Article 12 HIV Action Program 36-797 – 36-797.01
Article 13 Sickle Cell Anemia 36-797.41 – 36-797.44
Article 14 Tobacco Sales 36-798 – 36-798.06

Terms Used In Arizona Laws > Title 36 > Chapter 6

  • Active tuberculosis: means a disease that is caused by mycobacterium tuberculosis or other members of the mycobacterium tuberculosis complex family in any part of the body and that is in an active state as determined by either:

    (a) A smear or culture that is taken from any source in the afflicted person's body and that tests positive for tuberculosis and the afflicted person has not completed a medically successful complete course of antituberculosis treatment. See Arizona Laws 36-711

  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Afflicted person: means a person who has or who based upon reasonable grounds is suspected of having active tuberculosis. See Arizona Laws 36-711
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appropriate prescribed course of medication: means a course of medication that is prescribed by a physician and that meets the recommendations of any of the following:

    (a) The tuberculosis control officer. See Arizona Laws 36-711

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bar: means that portion of any premises licensed under section 4-209, subsection B, paragraph 6, 7, 11, 12 or 14 that is primarily used for the selling, consumption or serving of alcoholic beverages and that is not primarily used for the consumption of food on the premises. See Arizona Laws 36-798
  • Bedding: includes upholstered furniture and means any mattress, box spring, upholstered chair, couch or other upholstered device or any quilted pad, packing pad, mattress pad, hammock pad, pad, comforter, bunk quilt, sleeping bag, pillow, cushion, hassock or other bag or container made of leather, cloth, plastic or any other material that is used as a covering or is stuffed or filled in whole or in part with concealed material in addition to the structural units, all of which may be used by any person for sleeping, resting or reclining purposes. See Arizona Laws 36-796
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • bidis: means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as beedies or bidis. See Arizona Laws 36-798
  • Bioterrorism: means the intentional use of any microorganism, virus, infectious substance or biological product that may be engineered as a result of biotechnology or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance or biological product, to cause or attempt to cause death, disease or other biological malfunction in humans. See Arizona Laws 36-781
  • 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. See Arizona Laws 36-661
  • Certified community health worker: means a community health worker to whom the department has issued a certificate to practice as a certified community health worker in this state. See Arizona Laws 36-765
  • Child: means an unemancipated person under eighteen years of age. See Arizona Laws 36-661
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Communicable disease: means a contagious, epidemic or infectious disease required to be reported to the local board of health or the department pursuant to chapter 1 of this title and this chapter. See Arizona Laws 36-661
  • Communicable disease related information: means information regarding a communicable disease in the possession of a person who provides health services or who obtains the information pursuant to the release of communicable disease related information. See Arizona Laws 36-661
  • Community health worker: means a nonmedical health worker who serves as a liaison for health and community service providers and enrollees to facilitate access to services and improve the quality of service delivery, including the coordination of services to improve medical and behavioral health outcomes. See Arizona Laws 36-765
  • 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 otherwise exposed to a protected person with a communicable disease in a manner that poses an epidemiologically significant risk of transmission of that disease. See Arizona Laws 36-661
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Department: means the department of health services. See Arizona Laws 36-661
  • Department: means the department of health services. See Arizona Laws 36-671
  • Department: means the department of health services. See Arizona Laws 36-711
  • Department: means the department of health services. See Arizona Laws 36-751
  • Department: means the department of health services. See Arizona Laws 36-765
  • Department: means the department of health services. See Arizona Laws 36-797
  • Directly observed therapy: means an appropriate prescribed course of treatment for active tuberculosis in which the prescribed antituberculosis medications are administered to the afflicted person or taken by the afflicted person under the direct observation of a physician, a physician assistant, a registered nurse, a health care provider or another designated responsible person. See Arizona Laws 36-711
  • Director: means the director of the department of health services. See Arizona Laws 36-661
  • Director: means the director of the department of health services. See Arizona Laws 36-671
  • Director: means the director of the department of health services. See Arizona Laws 36-711
  • Director: means the director of the department of health services. See Arizona Laws 36-751
  • Director: means the director of the department. See Arizona Laws 36-765
  • Director: means the director of the department of health services. See Arizona Laws 36-781
  • Director: means the director of the department. See Arizona Laws 36-797
  • 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. See Arizona Laws 36-671
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Examination: means conducting tests that include Mantoux tuberculin skin tests, laboratory examination and x-rays as recommended by any of the following:

    (a) The tuberculosis control officer. See Arizona Laws 36-711

  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • First responder: means a law enforcement officer, a firefighter or an ambulance attendant as defined in section 36-2201. See Arizona Laws 36-661
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • 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. See Arizona Laws 36-661
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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. See Arizona Laws 36-671
  • Health care provider: means a physician, nurse or other person involved in providing health services. See Arizona Laws 36-661
  • 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. See Arizona Laws 36-661
  • 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 the detection, reporting, prevention and control of communicable or preventable diseases. See Arizona Laws 36-661
  • HIV: means the human immunodeficiency virus. See Arizona Laws 36-661
  • HIV: means the human immunodeficiency virus. See Arizona Laws 36-797
  • HIV infection: means infection with the human immunodeficiency virus or a related virus identified as a probable causative agent of acquired immune deficiency syndrome. See Arizona Laws 36-661
  • HIV-related illness: means an illness that may result from or be associated with HIV infection. See Arizona Laws 36-661
  • HIV-related information: means information concerning whether a person has had an HIV-related test or has HIV infection, HIV-related illness or acquired immune deficiency syndrome and includes information that identifies or reasonably permits identification of that person or the person's contacts. See Arizona Laws 36-661
  • 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. See Arizona Laws 36-661
  • Immunization: means the process of inoculation with a specific antigen to promote antibody formation in the body. See Arizona Laws 36-671
  • Immunized: means the required initial immunization and boosters or reimmunization prescribed pursuant to section 36-672. See Arizona Laws 36-671
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institution: means any public or private hospital, rest home, sanatorium, health care institution or other facility approved by the department for the care and treatment of afflicted persons. See Arizona Laws 36-711
  • Intervention: means treatment, monitoring, quarantine or isolation or any combination thereof. See Arizona Laws 36-711
  • Isolation: means the physical separation of afflicted persons from others in order to limit the transmission of active tuberculosis. See Arizona Laws 36-711
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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. See Arizona Laws 36-671
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local health authority: means a county health department or public health services district or any person authorized to act on behalf of the county health department or public health services district. See Arizona Laws 36-781
  • Local health department: means local health departments established pursuant to chapter 1, article 4 of this title. See Arizona Laws 36-671
  • Local health officer: means the health officer and other persons who are designated by the local health officer. See Arizona Laws 36-711
  • Medical director: means an individual at a receiving facility who is either a licensed physician or a hospital administrator acting upon the advice of a licensed physician who is authorized by the facility to make any decisions concerning afflicted persons as prescribed by this article. See Arizona Laws 36-711
  • Medically successful complete course of antituberculosis treatment: means that an afflicted person has successfully completed a prescribed course of antituberculosis treatment and has been medically discharged from further medical treatment for tuberculosis by a licensed physician. See Arizona Laws 36-711
  • Midwife: means a person who delivers a baby or provides health care related to pregnancy, labor, delivery and postpartum care of the mother and her infant. See Arizona Laws 36-751
  • Minor: means a child under the age of eighteen years of age, except as provided by the provisions of section 44-132. See Arizona Laws 36-711
  • Minor: means a person who is under eighteen years of age. See Arizona Laws 36-798
  • Minor: means a person under the age of eighteen years. See Arizona Laws 1-215
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Monitoring: means a program of supervision designed to monitor the health and activities of an afflicted person. See Arizona Laws 36-711
  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • New: means any material or article that has not been previously used, except in the manufacturing process, for any purpose. See Arizona Laws 36-796
  • Oath: includes an affirmation or declaration. See Arizona Laws 1-215
  • 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. See Arizona Laws 36-661
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes persons, partnerships, companies, corporations, associations and governmental agencies. See Arizona Laws 36-796
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • 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. See Arizona Laws 36-671
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
  • Practice as a certified community health worker: means a community health worker's application of the education, training and experience in the core competencies to effectively provide services to the communities and populations that the community health worker serves through one or more of the community health worker's roles. See Arizona Laws 36-765
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protected person: means a person who takes an HIV-related test or who has been diagnosed as having HIV infection, acquired immune deficiency syndrome, HIV-related illness or another communicable disease. See Arizona Laws 36-661
  • Public safety authority: means the department of public safety, a local law enforcement agency or a person authorized to act on behalf of the department of public safety or local law enforcement agency. See Arizona Laws 36-781
  • 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. See Arizona Laws 36-671
  • Quarantine: means the restriction of activities of persons who have been exposed to an afflicted person. See Arizona Laws 36-711
  • Quorum: The number of legislators that must be present to do business.
  • Renovate: means to repair, make over, recover, restore or renew bedding or upholstered furniture and place it in a good state of repair. See Arizona Laws 36-796
  • Retail tobacco vendor: means a person who possesses tobacco or tobacco products for the purpose of selling them for consumption and not for resale. See Arizona Laws 36-798
  • 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. See Arizona Laws 36-671
  • School administrator: means the principal or person having general daily control and supervision of the school or that person's designee. See Arizona Laws 36-671
  • Secondhand: means any portion of any article or material of which prior use of any kind, except in the manufacturing process, has been made. See Arizona Laws 36-796
  • Sell: means to offer or expose for sale, barter, trade, lend, deliver, give away, rent, consign, lease, possess with intent to sell or dispose of in any other commercial manner. See Arizona Laws 36-796
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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. See Arizona Laws 36-661
  • Subpoena: A command to a witness to appear and give testimony.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tobacco products: includes cigarettes, cigarette papers, cigars, smokeless tobacco and smoking tobacco. See Arizona Laws 36-798
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treatment: means medication or medical therapy prescribed by a licensed physician to cure a person of active tuberculosis. See Arizona Laws 36-711
  • Trustee: A person or institution holding and administering property in trust.
  • Tuberculosis control officer: means a person appointed by the director to be the chief tuberculosis control officer for tuberculosis control in this state and other persons who are designated by the control officer. See Arizona Laws 36-711
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • Vending machine: means any mechanical, electrical or electronic device that, on insertion of money, tokens or any other form of payment, automatically dispenses tobacco products. See Arizona Laws 36-798
  • Voluntary treatment plan: means a written plan that is developed by a medical authority, that has been approved by the tuberculosis control officer or the local health officer and that prescribes one or more of the following on a voluntary basis:

    (a) Examination. See Arizona Laws 36-711