36-136

36-136. Powers and duties of director;
compensation of personnel

A. The director shall:

1. Be the executive officer of the department of health services and the state
registrar of vital statistics but shall not receive compensation for services as
registrar.

2. Perform all duties necessary to carry out the functions and responsibilities of
the department.

3. Prescribe the organization of the department. The director shall appoint or
remove personnel as necessary for the efficient work of the department and shall
prescribe the duties of all personnel. The director may abolish any office or position
in the department that the director believes is unnecessary.

4. Administer and enforce the laws relating to health and sanitation and the rules
of the department.

5. Provide for the examination of any premises if the director has reasonable cause
to believe that on the premises there exists a violation of any health law or rule of the
state.

6. Exercise general supervision over all matters relating to sanitation and health
throughout the state. When in the opinion of the director it is necessary or advisable,
a sanitary survey of the whole or of any part of the state shall be made. The director
may enter, examine and survey any source and means of water supply, sewage disposal
plant, sewerage system, prison, public or private place of detention, asylum, hospital,
school, public building, private institution, factory, workshop, tenement, public
washroom, public restroom, public toilet and toilet facility, public eating room and
restaurant, dairy, milk plant or food manufacturing or processing plant, and any premises
in which the director has reason to believe there exists a violation of any health law or
rule of the state that the director has the duty to administer.

7. Prepare sanitary and public health rules.

8. Perform other duties prescribed by law.

B. If the director has reasonable cause to believe that there exists a violation of
any health law or rule of the state, the director may inspect any person or property in
transportation through the state, and any car, boat, train, trailer, airplane or other
vehicle in which that person or property is transported, and may enforce detention or
disinfection as reasonably necessary for the public health if there exists a violation of
any health law or rule.

C. The director may deputize, in writing, any qualified officer or employee in the
department to do or perform on the director's behalf any act the director is by law
empowered to do or charged with the responsibility of doing.

D. The director may delegate to a local health department, county environmental
department or public health services district any functions, powers or duties that the
director believes can be competently, efficiently and properly performed by the local
health department, county environmental department or public health services district if:

1. The director or superintendent of the local health agency, environmental agency
or public health services district is willing to accept the delegation and agrees to
perform or exercise the functions, powers and duties conferred in accordance with the
standards of performance established by the director.

2. Monies appropriated or otherwise made available to the department for
distribution to or division among counties or public health services districts for local
health work may be allocated or reallocated in a manner designed to assure the
accomplishment of recognized local public health activities and delegated functions,
powers and duties in accordance with applicable standards of performance. Whenever in the
director's opinion there is cause, the director may terminate all or a part of any
delegation and may reallocate all or a part of any funds that may have been conditioned
on the further performance of the functions, powers or duties conferred.

E. The compensation of all personnel shall be as determined pursuant to section
38-611.

F. The director may make and amend rules necessary for the proper administration
and enforcement of the laws relating to the public health.

G. Notwithstanding subsection H, paragraph 1 of this section, the director may
define and prescribe emergency measures for detecting, reporting, preventing and
controlling communicable or infectious diseases or conditions if the director has
reasonable cause to believe that a serious threat to public health and welfare exists.
Emergency measures are effective for no longer than eighteen months.

H. The director, by rule, shall:

1. Define and prescribe reasonably necessary measures for detecting, reporting,
preventing and controlling communicable and preventable diseases. The rules shall declare
certain diseases reportable. The rules shall prescribe measures, including isolation or
quarantine, reasonably required to prevent the occurrence of, or to seek early detection
and alleviation of, disability, insofar as possible, from communicable or preventable
diseases. The rules shall include reasonably necessary measures to control animal
diseases transmittable to humans.

2. Define and prescribe reasonably necessary measures, in addition to those
prescribed by law, regarding the preparation, embalming, cremation, interment,
disinterment and transportation of dead human bodies and the conduct of funerals,
relating to and restricted to communicable diseases and regarding the removal,
transportation, cremation, interment or disinterment of any dead human body.

3. Define and prescribe reasonably necessary procedures not inconsistent with law
in regard to the use and accessibility of vital records, delayed birth registration and
the completion, change and amendment of vital records.

4. Except as relating to the beneficial use of wildlife meat by public institutions
and charitable organizations pursuant to title 17, prescribe reasonably necessary
measures to assure that all food or drink, including meat and meat products and milk and
milk products sold at the retail level, provided for human consumption is free from
unwholesome, poisonous or other foreign substances and filth, insects or disease-causing
organisms. The rules shall prescribe reasonably necessary measures governing the
production, processing, labeling, storing, handling, serving and transportation of these
products. The rules shall prescribe minimum standards for the sanitary facilities and
conditions that shall be maintained in any warehouse, restaurant or other premises,
except a meat packing plant, slaughterhouse, wholesale meat processing plant, dairy
product manufacturing plant or trade product manufacturing plant. The rules shall
prescribe minimum standards for any truck or other vehicle in which food or drink is
produced, processed, stored, handled, served or transported. The rules shall provide for
the inspection and licensing of premises and vehicles so used, and for abatement as
public nuisances of any premises or vehicles that do not comply with the rules and
minimum standards. The rules shall provide an exemption relating to food and drink that
is:

(a) Served at a noncommercial social event that takes place at a workplace, such as
a potluck.

(b) Prepared at a cooking school that is conducted in an owner-occupied home.

(c) Not potentially hazardous and prepared in a kitchen of a private home for
occasional sale or distribution for noncommercial purposes.

(d) Prepared or served at an employee-conducted function that lasts less than four
hours and is not regularly scheduled, such as an employee recognition, an employee
fund-raising or an employee social event.

(e) Offered at a child care facility and limited to commercially prepackaged food
that is not potentially hazardous and whole fruits and vegetables that are washed and cut
on site for immediate consumption.

(f) Offered at locations that sell only commercially prepackaged food and drink
that is not potentially hazardous and that is displayed in an area of less than ten
lineal feet.

5. Prescribe reasonably necessary measures to assure that all meat and meat
products for human consumption handled at the retail level are delivered in a manner and
from sources approved by the Arizona department of agriculture and are free from
unwholesome, poisonous or other foreign substances and filth, insects or disease-causing
organisms. The rules shall prescribe standards for sanitary facilities to be used in
identity, storage, handling and sale of all meat and meat products sold at the retail
level.

6. Prescribe reasonably necessary measures regarding production, processing,
labeling, handling, serving and transportation of bottled water to assure that all
bottled drinking water distributed for human consumption is free from unwholesome,
poisonous, deleterious or other foreign substances and filth or disease-causing
organisms. The rules shall prescribe minimum standards for the sanitary facilities and
conditions that shall be maintained at any source of water, bottling plant and truck or
vehicle in which bottled water is produced, processed, stored or transported and shall
provide for inspection and certification of bottled drinking water sources, plants,
processes and transportation and for abatement as a public nuisance of any water supply,
label, premises, equipment, process or vehicle that does not comply with the minimum
standards. The rules shall prescribe minimum standards for bacteriological, physical and
chemical quality for bottled water and for the submission of samples at intervals
prescribed in the standards.

7. Define and prescribe reasonably necessary measures governing ice production,
handling, storing and distribution to assure that all ice sold or distributed for human
consumption or for the preservation or storage of food for human consumption is free from
unwholesome, poisonous, deleterious or other foreign substances and filth or
disease-causing organisms. The rules shall prescribe minimum standards for the sanitary
facilities and conditions and the quality of ice that shall be maintained at any ice
plant, storage and truck or vehicle in which ice is produced, stored, handled or
transported and shall provide for inspection and licensing of the premises and vehicles,
and for abatement as public nuisances of ice, premises, equipment, processes or vehicles
that do not comply with the minimum standards.

8. Define and prescribe reasonably necessary measures concerning sewage and excreta
disposal, garbage and trash collection, storage and disposal, and water supply for
recreational and summer camps, campgrounds, motels, tourist courts, trailer coach parks
and hotels. The rules shall prescribe minimum standards for preparation of food in
community kitchens, adequacy of excreta disposal, garbage and trash collection, storage
and disposal and water supply for recreational and summer camps, campgrounds, motels,
tourist courts, trailer coach parks and hotels and shall provide for inspection of these
premises and for abatement as public nuisances of any premises or facilities that do not
comply with the rules.

9. Define and prescribe reasonably necessary measures concerning the sewage and
excreta disposal, garbage and trash collection, storage and disposal, water supply and
food preparation of all public schools. The rules shall prescribe minimum standards for
sanitary conditions that shall be maintained in any public school and shall provide for
inspection of these premises and facilities and for abatement as public nuisances of any
premises that do not comply with the minimum standards.

10. Prescribe reasonably necessary measures to prevent pollution of water used in
public or semipublic swimming pools and bathing places and to prevent deleterious health
conditions at these places. The rules shall prescribe minimum standards for sanitary
conditions that shall be maintained at any public or semipublic swimming pool or bathing
place and shall provide for inspection of these premises and for abatement as public
nuisances of any premises and facilities that do not comply with the minimum standards.
The rules shall be developed in cooperation with the director of the department of
environmental quality and shall be consistent with the rules adopted by the director of
the department of environmental quality pursuant to section 49-104, subsection B,
paragraph 12.

11. Prescribe reasonably necessary measures to keep confidential information
relating to diagnostic findings and treatment of patients, as well as information
relating to contacts, suspects and associates of communicable disease patients. In no
event shall confidential information be made available for political or commercial
purposes.

12. Prescribe reasonably necessary measures regarding human immunodeficiency virus
testing as a means to control the transmission of that virus, including the designation
of anonymous test sites as dictated by current epidemiologic and scientific evidence.

I. The rules adopted under the authority conferred by this section shall be
observed throughout the state and shall be enforced by each local board of health or
public health services district, but this section does not limit the right of any local
board of health or county board of supervisors to adopt ordinances and rules as
authorized by law within its jurisdiction, provided that the ordinances and rules do not
conflict with state law and are equal to or more restrictive than the rules of the
director.

J. The powers and duties prescribed by this section do not apply in instances in
which regulatory powers and duties relating to public health are vested by the
legislature in any other state board, commission, agency or instrumentality, except that
with regard to the regulation of meat and meat products, the department of health
services and the Arizona department of agriculture within the area delegated to each
shall adopt rules that are not in conflict.

K. The director, in establishing fees authorized by this section, shall comply with
title 41, chapter 6. The department shall not set a fee at more than the department's
cost of providing the service for which the fee is charged. State agencies are exempt
from all fees imposed pursuant to this section.

L. After consultation with the state superintendent of public instruction, the
director shall prescribe the criteria the department shall use in deciding whether or not
to notify a local school district that a pupil in the district has tested positive for
the human immunodeficiency virus antibody. The director shall prescribe the procedure by
which the department shall notify a school district if, pursuant to these criteria, the
department determines that notification is warranted in a particular situation. This
procedure shall include a requirement that before notification the department shall
determine to its satisfaction that the district has an appropriate policy relating to
nondiscrimination of the infected pupil and confidentiality of test results and that
proper educational counseling has been or will be provided to staff and pupils.

M. Until the department adopts exemptions by rule as required by subsection H,
paragraph 4, subdivision (b) of this section, a kitchen in a private home that is used as
a cooking school and that prepares and offers food to students is exempt from the rules
prescribed in subsection H of this section if all of the following are true:

1. Only one cooking school meal per day is prepared and served.

2. The meal is served to not more than fifteen cooking school students.

3. The students are informed by a statement contained in a published advertisement,
mailed brochure and placard posted at the cooking school's registration that the food is
prepared in a kitchen that is not regulated and inspected by the department or by a local
health authority.