Section R9-1-301. Definitions

In addition to the definitions in R9-1-101(A), the following defini- tions apply in this Article, unless otherwise specified:

1.        “Behavioral health services” means the assessment, diag- nosis, or treatment of an individual’s mental, emotional, psychiatric, psychological, psychosocial, or substance abuse issues.

2.        “Business day” means the same as in A.R.S. § 10-140.

3.        “Commercial purpose” means the same as in A.R.S. § 39- 121.03(D).

4.        “Consent” means permission by an individual or by the individual’s parent, legal guardian, or other health care decision maker to have medical services provided to the individual.

5.        “Correctional facility” means the same as in A.R.S. § 13- 2501(2).

6.        “Court of competent jurisdiction” means a court with the authority to enter an order.

7.        “De-identified” means a public health record from which the information listed in 45 CFR 164.514(b)(2)(i) for an individual and the individual’s relatives, employers, or household members has been removed.

8.        “Diagnosis” means an identification of a disease or an injury by an individual authorized by law to make the identification.

9.        “Disclose” means to release, transfer, provide access to, or divulge information in any other manner.

10.     “Disclosure” means the release, transfer, provision of access to, or divulging of information in any other man- ner by the person holding the information.

11.     “Disease” means a condition or disorder that causes the human body to deviate from its normal or healthy state.

12.     “Documentation” means written supportive evidence.

13.     “Emancipated minor” means an individual less than age 18 who:

a.        Is determined to be independent of parents or legal guardians under A.R.S. Title 12, Chapter 15, Article 1, as added by Laws 2005, Chapter 137, § 3, effec- tive August 12, 2005;

b.        Meets the requirements for recognition as an eman- cipated minor in A.R.S. § 12-2455, as added by Laws 2005, Chapter 137, § 3, effective August 12, 2005;

c.        Has the ability to make a contract under A.R.S. § 44- 131 or to consent to medical services under A.R.S. § 44-132; or

d.        Is married or is a U.S. armed forces enlisted mem- ber.

14.     “Employee” means an individual who works for the Department for compensation.

15.     “Enlisted member” means the same as in 32 U.S.C. 101(9).

16.     “Epidemic” means a disease that affects a disproportion- ately large number of individuals in a population, com- munity, or region at the same time.

17.     “Estate” means the same as in A.R.S. § 14-1201(16).

18.     “Financial institution” means a bank, a savings and loan association, a credit union, or a consumer lender.

19.     “Halfway house” means a residential facility that tempo- rarily provides shelter, food, and other services to an indi- vidual after the individual completes a confinement in a correctional facility or a stay in a health care institution.

20.     “Health care decision maker” means the same as in A.R.S. § 12-2291(3).

21.     “Health care institution” means the same as in A.R.S. § 36-401(23).

22.     “Health care system” means the facilities, personnel, and financial resources in place in a state or other geographic area for delivering behavioral health services, medical services, nursing services, and health-related services to individuals in the state or other geographic area.

23.     “Health oversight activity” means:

a.        Supervision of the health care system,

b.        Determining eligibility for health-related govern- ment benefit programs,

c.        Determining compliance with health-related govern- ment regulatory programs, or

d.        Determining compliance with civil rights laws for which health-related information is relevant.

24.     “Health-related services” means the same as in A.R.S. § 36-401(24).

25.     “Homeless  minor”  means  an  individual   described  in

A.R.S. § 44-132(C).

26.     “Homeless shelter” means the same as in A.R.S. § 16- 121(D).

27.     “Human Subjects Review Board” means individuals des- ignated by the Director to:

a.        Review human subjects research that is conducted, funded, or sponsored by the Department for consis- tency with 45 CFR Part 46, Subpart A, dealing with the protection of the human subjects;

b.        Review requests for Department information from external entities conducting or planning to conduct human subjects research; and

c.        Establish guidelines for the submission and review of human subjects research.

28.     “Incapacitated person” means the same as in A.R.S. § 14- 5101(1).

29.     “Incidence” means the rate of cases of a disease or an injury in a population, community, or region during a specified period.

30.     “Individually identifiable health information” means the information described in 42 U.S.C. 1320d(6).

31.     “Injury” means trauma or damage to a part of the human body.

32.     “Jurat” means the same as in A.R.S. § 41-311(6).

33.     “Legal guardian” means an individual:

a.        Appointed by a court of competent jurisdiction under A.R.S. Title 8, Chapter 10, Article 5 or A.R.S. Title 14, Chapter 5;

b.        Appointed by a court of competent jurisdiction under another state’s laws for the protection of minors and incapacitated persons; or

c.        Appointed for a minor or an incapacitated person in a probated will.

34.     “Medical records” means the same as in A.R.S. § 12- 2291(5).

35.     “Medical services” means the same as in A.R.S. § 36- 401(31).

36.     “Minor” means the same as in A.R.S. § 36-798(5).

37.     “Nursing services” means the same as in A.R.S. § 36- 401(35).

38.     “Outbreak” means an unexpected increase in the inci- dence of a disease as determined by the Department or a health agency defined in A.R.S. § 36-671(5).

39.     “Parent” means a biological or adoptive mother or father of an individual.

40.     “Patient” means an individual receiving behavioral health services, medical services, nursing services, or health- related services.

41.     “Payment records” means the same as in A.R.S. § 12- 2291(6).

42.     “Person” means the same as in A.R.S. § 41-1001(13).

43.     “Personal representative” means the same as in A.R.S. § 14-1201(38).

44.     “Probated will” means a will that has been proved as valid in a court of competent jurisdiction.

45.     “Public health intervention” means responding to and containing:

a.        Outbreaks or epidemics of disease, or

b.        The incidence of injury.

46.     “Public health investigation” means identifying and examining:

a.        Outbreaks or epidemics of disease, or

b.        The incidence of injury.

47.     “Public health records” means information created, obtained, or maintained by the Department for:

a.        Public health surveillance, public health investiga- tion, or public health intervention;

b.        A system of public health statistics;

c.        A system of vital records; or

d.        Health oversight activities.

48.     “Public health surveillance” means monitoring the inci- dence and spread of a disease or an injury.

49.     “Research” means the same as in 45 CFR 164.501.

50.     “State” means the same as in A.R.S. § 36-841.

51.     “Surviving spouse” means the individual:

a.        To whom a deceased individual was married at the time of death, and

b.        Who is currently alive.

52.     “System of public health statistics” means the same as in A.R.S. § 36-301(31).

53.     “System of vital records” means the same as in A.R.S. § 36-301(32).

54.     “Third person” means a person other than:

a.        The individual identified by medical records; or

b.        The  individual’s  parent,   legal  guardian,  or   other health care decision maker:

55.     “Treatment” means a procedure or method to cure, improve, or palliate a disease or an injury.

56.     “Valid authorization” means written permission to dis- close individually identifiable health information that contains all the elements described in 45 CFR 164.508(c)(1).

57.     “Veteran” means the same as in 38 U.S.C. 101(2).

58.     “Vital record” means the same as in A.R.S. § 36-301(33).

59.     “Volunteer” means an individual who works for the Department without compensation.

60.     “Will” means the same as in A.R.S. § 14-1201(59).

Historical Note

New Section made by final rulemaking at 12 A.A.R. 3699, effective November 11, 2006 (Supp. 06-3).