Current through Register Vol. 30, No. 50, December 13, 2024
Section R9-1-303 - Public Health Records DisclosureA. A.R.S. Title 39, Chapter 1, Article 2, governs the Department's disclosure of public health records, except for:1. Disclosure of public health records under A.R.S. §§ 36-104(9) and 36-105;2. Disclosure of vital records, as defined in A.R.S. 36-301, under A.R.S. §§ 36-324, 36-342, and 36-351;3. At the direction of the Human Subjects Review Board, disclosure of public health records that are not de-identified when:a. The public health records are sought for research, andb. The disclosure meets the requirements of 45 CFR 164.512(i)(2);4. Disclosure of medical marijuana records under A.R.S. § 36-2810; or5. Other disclosures prohibited by state or federal law.B. For disclosure of public health records under A.R.S. Title 39, Chapter 1, Article 2, an individual shall submit to the Department a public records request that contains: 2. The requester's name, and if applicable, the requester's mailing address, e-mail address, and telephone number;3. If applicable, the name, address, and telephone number of the requester's organization;4. A specific identification of the public health records to be disclosed, including the description and dates of the records;5. Whether the public health records identified in subsection (B)(4) will be used for commercial purposes;6. If the requester indicates under subsection (B)(5) that the public health records will be used for commercial purposes, an explanation of each commercial purpose;7. The requester's signature; and8. If the requester indicates under subsection (B)(5) that the public health records will be used for a commercial purpose:a. A jurat, as defined in A.R.S. § 41-311, completed by an Arizona notary; orb. A notarization from another state indicating that the notary:i. Verified the signer's identity,ii. Observed the signing of the document, andiii. Heard the signer swear or affirm the truthfulness of the document.C. Within 15 business days after the Department receives a public records request that meets the requirements in subsection (B) or at a later time agreed upon by the Department and the individual requesting the records, the Department shall respond to the request by:1. Sending by regular mail or electronic mail to the address provided in subsection (B)(2): a. An acknowledgement that the Department received the public records request;b. A list of categories of public health records that are not subject to disclosure; andc. For the public health records requested that are subject to disclosure, a statement that the Department will notify the individual when disclosure will be provided; or2. Providing: a. A list of categories of public health records that are not subject to disclosure; andb. For the public health records requested that are subject to disclosure, disclosure of the records.D. The Department shall ensure that public health records disclosed pursuant to a public records request are de-identified.E. For copies of public health records disclosed pursuant to a public records request: 1. If the copies are for a commercial purpose, the Department shall charge:a. The amount determined according to A.R.S. § 39-121.03, andb. Based on the requester's explanation under subsection (B)(6);2. If the copies are not for a commercial purpose, the Department shall charge twenty-five cents per page; or3. If the copies are for a purpose stated in A.R.S. § 39-122(A), the Department shall not impose a charge.Ariz. Admin. Code § R9-1-303
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.