Ariz. Admin. Code § 9-1-301

Current through Register Vol. 30, No. 50, December 13, 2024

Section R9-1-301 - Definitions

In addition to the definitions in R9-1-101, the following definitions apply in this Article, unless otherwise specified:

1. "Behavioral health services" means the same as in A.R.S. § 36-401.

2. "Businesrday" means the same

3. "Commercial purpose" means the same as in A.R.S. § 39-121.03.

4. "Consent" means permission by an individual or by the individual's parent, legal guardian, or other health care decision maker to have medical services provided to the individual

5. "Court of competent jurisdiction" to enter an order.

6. "De-identified" means a public health record from which the information listed in 45 CFR 164.514(b)(2)(i) for an individual and the individual's relatives, employers, or household members has been removed.

7. "Disclose" means to release, transfer, provide access to, or divulge information in any other manner.

8. "Disclosure" means the release, transfer, provision of access to, or divulging of information in any other manner by the person holding the information.

9. "Disease" means the same as in R9-6-101.

10. "Documentation" means written supportive evidence.

11. "Emancipated minor" means an individual less than age 18 who:

a. Is determined to be independent of parents or legal guardians under A.R.S. Title 12, Chapter 15, Article 1;

b. Meets the requirements for recognition as an emancipated minor in A.R.S. § 12-2455;

c. Has the ability to make a contract under A.R.S. § 44-131 or to consent to medical services under A.R.S. § 44-132; or

d. Is married or is a U.S. armed forces enlisted member.

12. "Employee" means an individual who works for the Department for compensation.

13. "Enlisted member" means the same as in 32 U.S.C. 101.

14. "Epidemic" means that a disease affects a disproportionately large number of individuals in a population, community, or region at the same time.

15. "Estate" means the same as in A.R.S. § 14-1201.

16. "Halfway house" means a residential setting that temporarily provides shelter, food, and other services to an individual after the individual completes a confinement in a correctional facility, as defined in A.R.S. § 13-2501, or a stay in a health care institution, as defined in A.R.S. § 36-401.

17. "Health care decision maker" means the same as in A.R.S. § 12-2291.

18. "Human Subjects Review Board" means individuals designated by the Director to:

a. Review human subjects research that is conducted, funded, or sponsored by the Department for consistency with 45 CFR Part 46, Subpart A, dealing with the protection of the human subjects;

b. Review requests for Department information from external entities conducting or planning to conduct human subjects research; and

c. Establish guidelines for the submission and review of human subjects research.

19. "Incapacitated person" means the same as in A.R.S. § 14-5101.

20. "Incidence" means the rate of cases of a disease or an injury in a population, community, or region during a specified period.

21. "Individually identifiable health information" means the information described in 42 U.S.C. 1320d.

22. "Injury" means trauma or damage to a part of the human body.

23. "Legal guardian" means an individual:

a. Appointed by a court of competent jurisdiction under A.R.S. Title 8, Chapter 4, Article 12 or A.R.S. Title 14, Chapter 5;

b. Appointed by a court of competent jurisdiction under another state's laws for the protection of minors and incapacitated persons; or

c. Appointed for a minor or an incapacitated person in a probated will.

24. "Medical records" means the same as in A.R.S. § 12-2291.

25. "Medical services" means the same as in A.R.S. § 36-401.

26. "Minor" means the same as in A.R.S. § 36-798.

27. "Outbreak" means an unexpected increase in the incidence of a disease as determined by the Department or a health agency, as defined in A.R.S. § 36-671.

28. "Parent" means a biological or adoptive mother or father of an individual.

29. "Patient" means an individual receiving behavioral health services, medical services, nursing services, or health-related services, as defined in A.R.S. § 36-401.

30. "Payment records" means the same as in A.R.S. § 12-2291.

31. "Personal representative" means the same as in A.R.S. § 14-1201.

32. "Probated will" means a will that has been proved as valid in a court of competent jurisdiction.

33. "Public health records" means information created, obtained, or maintained by the Department for:

a. Public health surveillance to monitor the incidence and spread of a disease or an injury;

b. Public health investigation to identify and examine outbreaks or epidemics of disease or the incidence of injury;

c. Public health intervention to respond and contain outbreaks or epidemics of disease or the incidence of injury;

d. A system of public health statistics, as defined in A.R.S. § 36-301;

e. A system of vital records, as defined in A.R.S. § 36-301; or

f. Health oversight activities, which include the following:

i. Supervision of the health care system,

ii. Determining eligibility for health-related government benefit programs,

iii. Determining compliance with health-related government regulatory programs, or

iv. Determining compliance with civil rights laws for which health-related information is relevant; or

g. Other public health activities required or authorized by state or federal law.

34. "Research" means the same as in 45 CFR 164.501.

35. "State" means the same as in A.R.S. § 36-841.

36. "Surviving spouse" means the individual:

a. To whom a deceased individual was married at the time of death, and

b. Who is currently alive.

37. "Third person" means a person other than:

a. The individual identified by medical records; or

b. The individual's parent, legal guardian, or other health care decision maker.

38. "Treatment" means a procedure or method to cure, improve, or palliate a disease or an injury.

39. "Valid authorization" means written permission to disclose individually identifiable health information that contains all the elements described in 45 CFR 164.508(c)(1).

40. "Volunteer" means an individual who works for the Department without compensation.

41. "Will" means the same as in A.R.S. § 14-1201.

Ariz. Admin. Code § R9-1-301

New Section made by final rulemaking at 12 A.A.R. 3699, effective November 11, 2006 (Supp. 06-3). Amended by final expedited rulemaking at 26 A.A.R. 1224, effective 6/3/2020.