Ariz. Admin. Code § 9-10-111

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-10-111 - Enforcement Actions

A. If the Department determines that an applicant or licensee is violating applicable statutes and rules and the violation poses a direct risk to the life, health, or safety of a patient, the Department may:

1. Issue a provisional license to the applicant or licensee under A.R.S. § 36-425,

2. Assess a civil penalty under A.R.S. § 36-431.01,

3. Impose an intermediate sanction under A.R.S. § 36-427,

4. Remove a licensee and appoint another person to continue operation of the health care institution pending further action under A.R.S. § 36-429,

5. Suspend or revoke a license under A.R.S. § 36-427 and R9-10-112,

6. Deny a license under A.R.S. § 36-425 and R9-10-112, or

7. Issue an injunction under A.R.S. § 36-430.

B. In determining which action in subsection (A) is appropriate, the Department shall consider the direct risk to the life, health, or safety of a patient in the health care institution based on:

1. Repeated violations of statutes or rules,

2. Pattern of violations,

3. Types of violation,

4. Severity of violation, and

5. Number of violations.

Ariz. Admin. Code § R9-10-111

Amended effective February 4, 1981 (Supp. 81-1). Section repealed; new Section made by final rulemaking at 8 A.A.R. 3559, effective August 1, 2002 (Supp. 02-3). Amended by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Amended by exempt rulemaking at 20 A.A.R. 97, effective 1/1/201. Amended by exempt rulemaking at 20 A.A.R. 1409, effective 7/1/2014. Amended by final rulemaking at 25 A.A.R. 1583, effective 10/1/2019.