36-402. Exemptions
A. This chapter and the rules adopted by the director pursuant to this chapter do
not authorize the licensure, supervision, regulation or control of:
1. The remedial care or treatment of residents or patients in any home or
institution conducted only for those who rely solely on treatment by prayer or spiritual
means in accordance with the creed or tenets of any well recognized church or religious
denomination.
2. Establishments, such as motels, hotels and boarding houses, that provide
domiciliary and ancillary commercial services, but do not provide adaptive, medical,
hospital, nursing, health related or supervisory care services.
3. Private offices and clinics of health care providers licensed under title 32
that are not freestanding urgent care centers, unless:
(a) Patients are kept overnight as bed patients or treated otherwise under general
anesthesia except when treatment by general anesthesia is regulated by title 32, chapter
11.
(b) The office or clinic is an abortion clinic. For the purposes of this
subdivision, "abortion clinic" has the same meaning prescribed in section 36-449.01.
4. Dispensaries and first aid stations located within business or industrial
establishments maintained solely for the use of employees if the facility does not
contain inpatient beds and is under the supervision of a physician.
5. The collection, processing or distribution of whole human blood, blood
components, plasma, blood fractions or derivatives procured, processed or distributed by
federally licensed and regulated blood banks.
6. Places where four or fewer adults not related to the administrator or owner
receive adult day health services for compensation on a regular basis.
7. Places at which persons receive health related services only from relatives or
from legal guardians or places that do not purport to be establishments that regularly
provide health related services and at which one or two persons receive health related
services on a twenty-four hour basis.
8. The Arizona pioneers' home. However, the department of health services shall
evaluate the health and sanitation conditions at the Arizona pioneers' home annually
using the standards applicable to licensed nursing care institutions.
9. The personal residence of a terminally ill person, or the personal residence of
that person's relative or guardian, where that person receives hospice services from a
hospice service agency.
10. All medical and health related facilities and services that are provided to
inmates who are confined in a state prison. The state department of corrections shall
annually evaluate the medical and health related facilities and services that are
provided to inmates to determine that the facilities and services meet the applicable
standards that are adopted by the director of the department of health services. The
state department of corrections shall report the results of its annual evaluation and the
actual findings, including a plan of correction for any deficiencies, to the director of
the department of health services. The department of health services shall conduct
validation surveys on a percentage of the medical and health related facilities, the
number of which shall be determined by the state department of corrections and the
department of health services. The director of the state department of corrections shall
maintain the annual evaluation reports. This paragraph does not apply to licensed
behavioral or mental health inpatient treatment facilities that the state department of
corrections operates.
11. A facility that provides medical and health services to inmates who are confined
in a county jail. The sheriff shall annually evaluate the facility to determine if it
meets the applicable standards that are adopted by either a national corrections
commission on health care or an American correctional association or the sheriff shall
annually submit the facility to a similar separate inspection by an outside agency with
medical standards. The sheriff must submit the certificate of accreditation or proof of
successful inspection to the department annually and keep a copy of the certificate or
proof of inspection.
B. A medical and health related facility that provides medical and health services
exclusively to persons who are incarcerated, detained or confined under court order or
court jurisdiction is exempt from the patient-per-room capacity requirements provided in
rule if the facility:
1. Does not exceed its intended medical and custodial purposes.
2. Adopts policies and procedures to comply with the national commission on
correctional health care standards, or equivalent standards.
3. As soon as practicable, becomes accredited by the national commission on
correctional health care, or by an equivalent organization.
4. Once accreditation is obtained, submits a certificate of accreditation to the
department of health services annually.
5. Maintains a copy of the certificate of accreditation.
6. Maintains patient and custodial records, including on-site current photographs
and fingerprints, if permitted by applicable law.
7. Makes patient lists with inmate identifiers available to the state department of
corrections on reasonable request.
8. Provides timely notice of any major incident involving public safety to the
appropriate law enforcement agency and allows that agency access to the facility for the
purposes of law enforcement and investigation.
C. Subsection B of this section does not apply to health care institutions that
exclusively provide behavioral health services.
|