The Arizona Revised Statutes have been updated to include the revised sections from the 57th Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 58th Legislature, 1st Regular Session, which convenes in January 2027.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
36-406. Powers and duties of the department; access to personnel records
A. In addition to its other powers and duties:
1. The department shall:
(a) Administer and enforce this chapter and the rules, regulations and standards adopted pursuant to this chapter.
(b) Review, and may approve, plans and specifications for construction or modification of or additions to health care institutions regulated by this chapter.
(c) Except as provided in subsection B of this section, have access to books, records, accounts and any other information of any health care institution that are reasonably necessary for the purposes of this chapter.
(d) Require as a condition of licensure that nursing care institutions and assisted living facilities make vaccinations for influenza and pneumonia available to residents on-site on a yearly basis. The department shall prescribe the manner by which the nursing care institutions and assisted living facilities must document compliance with this subdivision, including documenting residents who refuse to be immunized. The department shall not impose a violation on a licensee for not making a vaccination available if there is a shortage of that vaccination in this state as determined by the director.
2. The department may:
(a) Make or cause to be made inspections consistent with standard medical practice of every part of the premises of health care institutions that are subject to this chapter as well as those that apply for or hold a license required by this chapter.
(b) Make studies and investigations of conditions and problems in health care institutions, or any class or subclass thereof, as they relate to compliance with this chapter and rules, regulations and standards adopted pursuant to this chapter.
(c) Develop manuals and guides relating to any of the several aspects of physical facilities and operations of health care institutions or any class or subclass thereof for distribution to the governing authorities of health care institutions and to the general public.
B. The department's access to the personnel records of a nursing care institution is limited to the following information for each personnel member, employee or volunteer:
1. The individual's name, date of birth and contact telephone number.
2. The individual's starting date of employment or volunteer service and, if applicable, the ending date.
3. Documentation of all of the following as pertaining to the individual:
(a) Qualifications, including skills and knowledge applicable to the individual's job duties.
(b) Education and experience applicable to the individual's job duties.
(c) Compliance with the requirements of section 36-411.
(d) Orientation and in-service education as required by policies and procedures.
(e) Licensure or certification, if the individual is required to be licensed or certified pursuant to this article or policies and procedures.
(f) If the individual is a behavioral health technician, clinical oversight as required by rule.
(g) Cardiopulmonary resuscitation training, if required for the individual by rule.
(h) First aid training, if required for the individual pursuant to this article or policies and procedures.
(i) Evidence of freedom from infectious tuberculosis, if required for the individual by rule.
(j) If the individual is a nutrition and feeding assistant, both:
(i) Completion of the nutrition and feeding assistant training course as required by rule.
(ii) A nurse's observations as required by rule.