Ariz. Admin. Code § 9-12-101

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

Section R9-12-101 - Definitions

In addition to the definitions in A.R.S. § 36-2061, the following definitions apply in this Chapter unless otherwise specified:

1. "Abuse" means:

a. The same as in A.R.S. § 46-451;

b. A pattern of ridiculing or demeaning a resident;

c. Making derogatory remarks or verbally harassing a resident; or

d. Threatening to inflict physical harm on a resident.

2. "Accept" or "acceptance" means an individual becomes a resident of a sober living home.

3. "Administrative completeness review time-frame" means the same as in A.R.S. § 41-1072.

4. "Applicant" means an individual or business organization requesting a license under R9-12-104 to open a sober living home.

5. "Application packet" means the forms, documents, and additional information the Department requires to be submitted by an applicant.

6. "Business organization" means the same as "entity" in A.R.S. § 10-140.

7. "Calendar day" means each day, not including the day of the act, event, or default from which a designated period of time begins to run, but including the last day of the period unless it is a Saturday, Sunday, statewide furlough day, or legal holiday, in which case the period runs until the end of the next day that is not a Saturday, Sunday, statewide furlough day, or legal holiday.

8. "Controlling person" means a person who, with respect to a business organization:

a. Has the power to vote at least 10% of the outstanding voting securities of the business organization;

b. If the business organization is a partnership, is a general partner or is a limited partner who holds at least 10% of the voting rights of the partnership;

c. If the business organization is a corporation, association, or limited liability company, is the president, the chief executive officer, the incorporator, an agent, or any person who owns or controls at least 10% of the voting securities; or

d. Holds a beneficial interest in 10% or more of the liabilities of the business organization.

9. "Department" means the Arizona Department of Health Services.

10. "Documentation" means information in written, photographic, electronic, or other permanent form.

11. "Drug" has the same meaning as in A.R.S. § 32-1901.

12. "Exploitation" has the same meaning as in A.R.S. § 46-451.

13. "Facility" means the building or buildings used for operating a sober living home.

14. "Health care provider" means a:

a. Physician, as defined in A.R.S. § 36-401;

b. Registered nurse practitioner, as defined in A.R.S. § 32-1601; or

c. Physician assistant, as defined in A.R.S. § 32-2501.

15. "Illicit drug" means:

a. A substance listed in A.R.S. § 36-2512 as a schedule I controlled substance;

b. A dangerous drug, as defined in A.R.S. § 13-3401, that is not an individual's prescription medication; or

c. A prescription medication that is not an individual's prescription medication.

16. "Licensee" means the individual or business organization to which the Department has issued a license to operate a sober living home.

17. "Manager" means an individual designated by a licensee to:

a. Act on behalf of the licensee in the onsite management of a sober living home; and

b. Support and assist residents of the sober living home.

18. "Modification" means the substantial improvement, enlargement, reduction, alteration, or other substantial change in the facility or another structure on the premises at a sober living home.

19. "Over-the-counter drug" means the same as in A.R.S. § 32-1901.

20. "Overall time-frame" means the same as in A.R.S. § 41-1072.

21. "Premises" means:

a. A facility; and

b. The grounds surrounding the facility that are owned, leased, or controlled by the licensee, including other structures.

22. "Prescription medication" means the same as in A.R.S. § 32-1901.

23. "Residency agreement" means a document signed by a resident or the resident's representative and a manager, detailing the terms of residency.

24. "Resident" means an individual who is accepted by a licensee under the terms of a residency agreement with the individual to live at the licensee's sober living home.

25. "Resident's representative" means:

a. An individual acting on behalf of a resident with the written consent of the resident, or

b. The resident's legal guardian.

26. "Sober" or "sobriety" means that an individual is free of alcohol or drugs, except for a drug that is:

a. Used as part of medication-assisted treatment,

b. The individual's prescription medication, or

c. An over-the-counter drug.

27. "Staff" means the employees or volunteers who provide monitoring or assistance to residents at a sober living home.

28. "Substantive review time-frame" means the same as in A.R.S. § 41-1072.

29. "Swimming pool" means the same as "private residential swimming pool" as defined in A.A.C. R18-5-201.

30. "Termination of residency" or "terminate residency" means an individual is no longer a resident of a sober living home.

Ariz. Admin. Code § R9-12-101

Adopted effective August 25, 1975 (Supp. 75-1). Section repealed by summary rulemaking at 8 A.A.R. 481, with an interim effective date of February 1, 2002 (Supp. 02-1). Interim effective date of February 1, 2002 is incorrect; interim effective date of June 14, 2002 became the permanent effective date at 8 A.A.R. 4690, effective December 17, 2002 (Supp. 02-4). Adopted by final rulemaking at 25 A.A.R. 1419, effective 7/1/2019.