Privacy and Confidentiality in Arizona
Subtopic | Statute/Regulation | Description |
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Privacy and Confidentiality | A.R.S. § 36-125.05 | Uniform patient reporting system; statistical and demographic reports; exemption The Department of Health must implement a uniform patient reporting... |
Confidential records; immunity - Ariz. Rev. Stat. Ann. § 36-509 | Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in... | |
Confidentiality of medical and payment records, A.R.S. § 12-2292 | “Confidentiality of medical records and payment records” Arizona classifies medical records, payment records, and the information... | |
Confidentiality; exceptions, A.R.S. § 36-664 | Confidentiality; exceptions A health care provider or other person who obtains communicable disease information in the course of providing... |
Confidentiality of substance abuse records | A.R.S. § 36-509, Confidential Records, Immunity, Definition | Permits health care entities to disclose information contained in records “as permitted” by 42 C.F.R. Part 2. Arizona defines “... |
Disclosure requirements (what providers can disclose, prohibition on further disclosure) | Abortion Clinic Medical Records, Ariz. Admin. Code § 9-10-1511 | |
Access to records, A.R.S. § 36-662 | “Access to records” The department of health services and local health departments may access provider and facility medical or... | |
AIDS; disclosure of patient information, A.R.S. § 32-1457 | “Acquired immune deficiency syndrome; disclosure of patient information; immunity; definition” Licensed Arizona physicians may... | |
AIDS; disclosure of patient information; immunity, A.R.S. § 32-1860 | “Acquired immune deficiency syndrome; disclosure of patient information; immunity; definitions” Licensed osteopathic physicians... | |
Confidentiality during utilization reviews, A.R.S. § 20-2509 | “Confidentiality” Utilization review agents must establish procedures for maintaining the confidentiality of patient information... | |
Confidentiality of health information, A.R.S. § 36-568.02 | “Confidentiality of health information” Health plans, health care providers, or health care institutions that provide health care... | |
Confidentiality; exceptions, A.R.S. § 36-664 | “Confidentiality; exceptions” Arizona prohibits persons that obtain communicable disease information while providing health care... | |
HIV; disclosure; immunity, A.R.S. § 32-2556 | “Human immunodeficiency virus; disclosure; immunity; definition” Licensed physician assistants may report the name(s) of a patient... | |
Limitation of disclosure of information, A.R.S. § 36-404 | “Limitation of disclosure of information” The department of health services must make information and records related to health... | |
Order for disclosure of communicable disease related information, A.R.S. § 36-665 | “Order for disclosure of communicable disease related information” Arizona prohibits the use of a court or administrative order or... | |
Record of Prescription Orders, A.R.S. § 32-1964 | “Record of prescription orders; inspections; confidentiality” Persons in charge of a pharmacy must maintain records of... | |
Records, Ariz. Admin. Code § 9-21-209 | ||
Release of medical and payment records to third parties, A.R.S. § 12-2294 | “Release of medical records and payment records to third parties” Arizona health care providers may release medical or payment... | |
Release of medical or payment records; subpoena, A.R.S. § 12-2294.01 | “Release of medical records or payment records to third parties pursuant to subpoena” Arizona allows parties to obtain medical and... | |
Release of Safeguarded Information, Ariz. Admin. Code § 9-22-512 | ||
Testing for HIV; consent form, Ariz. Admin. Code § 20-6-1203 | “Testing for HIV; Consent Form” Licensed Arizona insurers may conduct HIV testing to the extent that they test for other... |
Confidentiality and disclosure requirements of public health reporting information (disease specific information/registry data) (Cross reference to Public Health Reporting) | Child immunization reporting system, A.R.S. § 36-135 | “Child immunization reporting system; requirements; access; confidentiality; immunity; violation; classification; definitions” The... |
Chronic disease surveillance system; confidentiality; immunity, A.R.S. § 36-133 | “Chronic disease surveillance system; confidentiality; immunity; violation; classification” The department of health services (... | |
Controlled substances prescription monitoring program, A.R.S. § 36-2602 | “Controlled substances prescription monitoring program; contracts; retention and maintenance of records” The Arizona state board... | |
Freestanding urgent care center incident reporting, A.R.S. § 36-445.04 | “Freestanding urgent care center incident reporting; confidentiality requirement” Freestanding urgent care centers must report... | |
Information sharing during an enhanced surveillance advisory, A.R.S. § 36-785 | “Information sharing during an enhanced surveillance advisory” In the event of an enhanced surveillance advisory, Arizona requires... | |
Patient tracking during an enhanced surveillance advisory, A.R.S. § 36-784 | “Patient tracking during an enhanced surveillance advisory” The department of health services and local health authorities, when... | |
Reports; confidentiality, A.R.S. § 36-2163 | “Reports; confidentiality; annual statistical report; violations; classification; unprofessional conduct” Health care providers... | |
Trauma center data requirements; confidentiality, A.R.S. § 36-2221 | “Trauma center data; requirements; confidentiality; violation; classification” Trauma centers operating within Arizona must submit... | |
Use and release of confidential information, A.R.S. § 36-2604 | “Use and release of confidential information; definition” Prescription information submitted to the Arizona state board of... |
Violations of confidentiality; penalties | Civil penalty, A.R.S. § 36-667 | “Civil penalty” The department of health services may level a maximum $5,000 fines on persons that perform or procure HIV tests in... |
Client Records, Ariz. Admin. Code § 4-26-412 | ||
Confidentiality of Investigative Materials, Ariz. Admin. Code § 4-26-305 | ||
Confidentiality of records; unauthorized disclosure unlawful, A.R.S. § 36-160 | “Confidentiality of records; unauthorized disclosure unlawful; classification” Attending physicians and surgeons, home health... | |
Grounds for disciplinary action; physical therapy, A.R.S. § 32-2044 | “Grounds for disciplinary action” Arizona defines the grounds for disciplinary action against a physical therapist as including,... | |
Immunity, A.R.S. § 12-2296 | “Immunity” Arizona grants immunity to health care providers, contractors, and clinical laboratories for any civil liability that... | |
Prohibited acts; violation, A.R.S. § 36-2610 | “Prohibited acts; violation; classification” Persons may disclose information from the controlled substances prescription... | |
Standards of Conduct; Disciplinary Actions, Ariz. Admin. Code § 4-33-208 | ||
Standards of Conduct; Disciplinary Actions, Ariz. Admin. Code § 4-33-407 | ||
Unprofessional conduct definitions; behavioral health, A.R.S. § 32-3251 | “Definitions” Arizona defines unprofessional conduct by a behavioral health professional as including, among other items, the... | |
Unprofessional conduct definitions; physicians assistant, A.R.S. § 32-2501 | “Definitions” Arizona defines a physician assistant’s unprofessional conduct as including, among other items, the commission... | |
Unprofessional conduct definitions; psychology, A.R.S. § 32-2061 | “Definitions” Arizona defines a psychologist’s unprofessional conduct as including, among other items, the commission of... | |
Unprofessional or Dishonorable Conduct, Ariz. Admin. Code § 4-7-902 | ||
Violation; classification; immunity, A.R.S. § 36-666 | “Violation; classification; immunity” Persons that knowingly disclose or compel the disclosure of communicable disease information... |
Authorization for disclosure and exceptions to authorization requirements | Colocators; collaborating outpatient treatment centers, A.R.S. § 36-439.02 | “Colocators; collaborating outpatient treatment centers; requirements” Arizona requires colocators at collaborating outpatient... |
Content of disclosure authorization forms, A.R.S. § 20-2106 | “Content of disclosure authorization forms” Insurance institutions, insurance producers, and insurance support organizations (... | |
Disclosure of individually identifiable health information, A.R.S. § 36-3805 | “Disclosure of individually identifiable health information” Health information organizations (HIOs) may disclose individually... | |
Implementing individual preferences for sharing individually identifiable health information, A.R.S. § 36-3807 | “Implementing individual preferences for sharing individually identifiable health information” Health information organizations (... | |
Notice of health information practices, A.R.S. § 36-3804 | “Notice of health information practices” Health Information Organizations (HIOs) must establish a notice of health information... | |
Records, Ariz. Admin. Code § 9-21-209 | ||
Release of Safeguarded Information, Ariz. Admin. Code § 9-22-512 | ||
Required insurance procedures relating to HIV information, A.R.S. § 20-448.01 | “Required insurance procedures relating to HIV information; confidentiality; violations; penalties; definitions” Arizona prohibits... | |
Required policies, A.R.S. § 36-3806 | “Required policies” Arizona requires health information organizations (HIOs) to establish privacy and security polices that... | |
Voluntary participation in health information organizations, A.R.S. § 36-3803 | “Voluntary participation in health information organizations” Individuals may exercise their right to opt out of participating in... | |
Written requests; reports of results; retention of test records, A.R.S. § 36-470 | “Examination of specimens; written requests; reports of results; retention of test records” Clinical laboratories may examine... |
Patient’s right to confidentiality of medical records/medical information | Confidential communications, A.R.S. § 32-2085 | “Confidential communications” Arizona treats the confidential communications between psychologists and their patients as... |
General, Ariz. Admin. Code § 9-29-201 | ||
Health screening services; violation, A.R.S. § 36-405.01 | “Health screening services; violation; classification” Arizona establishes requirements for health screening services. For example... | |
Individual Rights, A.R.S. § 36-3802 | “Individual rights” Health information organizations (HIOs) must provide individuals with the right to opt out of participating in... |
Confidentiality and disclosure requirements of peer review information (Cross reference to Medical Peer Review) | Confidential relationship; privileged communications, A.R.S. § 32-3283 | “Confidential relationship; privileged communications; clients with legal guardians; treatment decisions” Arizona classifies... |
Confidentiality of information, A.R.S. § 36-445.01 | “Confidentiality of information; conditions of disclosure” Arizona classifies as confidential all medical peer review information... | |
Disciplinary action; duty to report, A.R.S. § 32-3553 | “Disciplinary action; duty to report; immunity; proceedings; board action” The board of respiratory care examiners (“board... | |
Disciplinary action; information; disclosure, A.R.S. § 32-3206 | “Disciplinary action; information; disclosure” The health profession regulatory board (“board”) must provide a health... | |
Health care institution duty to report, A.R.S. § 32-1855.03 | “Health care institution duty to report; immunity; patient records; confidentiality” Arizona requires heath care institutions to... | |
Infant care review committee; confidentiality, A.R.S. § 36-2284 | “Infant care review committee” Arizona encourages health care institutions to create infant care review committees either solely... | |
Informal interviews; request for information, A.R.S. § 36-2227 | “Informal interviews; request for information; nondissemination; violation; classification” The department of health services must... | |
Investigations; hearings; conferences; records; confidentiality, A.R.S. § 32-1940 | “Investigations; hearings; conferences; records; confidentiality” Arizona classifies information and records maintained by the... | |
Investigations; right to examine evidence; subpoenas; confidentiality, A.R.S. § 36-756.01 | “Investigations; right to examine evidence; subpoenas; confidentiality” The director of the department of health services may... | |
Review committees; immunity; confidentiality, A.R.S. § 36-2917 | “Review committees; immunity; confidentiality; definition” Arizona provides immunity for civil liability that may arise in... | |
Right to examine and copy evidence, A.R.S. § 32-1551.01 | “Right to examine and copy evidence; witnesses; documents; testimony; representation” The naturopathic physicians medical board (... | |
Right to examine and copy evidence; behavioral health professionals, A.R.S. § 32-3282 | “Right to examine and copy evidence; summoning witnesses and documents; taking testimony; right to counsel; confidentiality” The... | |
Right to examine and copy evidence; subpoena authority, A.R.S. § 32-2552 | “Right to examine and copy evidence; subpoena authority; right to counsel; confidentiality of records” The Arizona regulatory... | |
Right to examine and copy evidence; summoning witnesses and documents, A.R.S. § 32-2935 | “Right to examine and copy evidence; summoning witnesses and documents; taking testimony; right to counsel; court aid; process” ... |
Confidentiality of genetic information | Genetic testing; informed consent, A.R.S. § 20-448.02 | “Genetic testing; informed consent; definitions” Arizona prohibits insurers from requiring or performing a genetic test unless the... |
Disclosure of health information pursuant to court order or subpoena | Health care utilization committees, A.R.S. § 36-441 | “Health care utilization committees; immunity; exception; definition” Persons that take action while serving on or on behalf of a... |
Subpoenas; certification requirements, A.R.S. § 36-3808 | “Subpoenas; certification requirements” Arizona permits the use of a subpoena to access individually identifiable health... |
Insurer and Medicaid/Medicare confidentiality requirements, including disclosure laws (Cross reference Medicaid Data, Medicare data, and private insurance data requirements) | Notice of insurance information practices, A.R.S. § 20-2104 | “Notice of insurance information practices” Insurance institutions and insurance producers must provide a notice of information... |
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