Section R9-18-104. Minimum Standard of Personnel; Waiver

A.      For clinical services delivered by a local health department, a local health department shall ensure that:

1.        A physician licensed under A.R.S. Title 32, Chapter 13 or 17 provides direction for medical services; and

2.        A registered nurse provides direction for and supervision of nursing services.

B.       Except as provided in subsection (C), a local health depart- ment shall ensure that:

1.        A registered nurse provides direction for public health nursing services; and

2.        The registered nurse specified in subsection (B)(1) has:

a.         A baccalaureate degree in the science of nursing from an institution accredited by the National League for Nursing Accrediting Commission or the Commission on Collegiate Nursing Education; or

b.        Five years experience providing public health nurs- ing services.

C.      A local health department may submit to the Department a request for a waiver of the requirement in subsection (B)(2) that includes:

1.        The reason for the request, including what burden the requirement would impose upon the local health depart- ment;

Supp. 06-3                                                                                         Page 2                                                                           September 30, 2006

Title 9, Ch. 18                                                                Arizona Administrative Code

2.        The education and experience of the registered nurse, specified in subsection (B)(1), that would qualify the reg- istered nurse to perform public health nursing services;

3.        A description of the educational activities the local health department plans to provide for the registered nurse to address differences between the education and experience of the registered nurse and the education and experience of a registered nurse who meets the requirements of sub- section (B)(2); and

4.        How the waiver would affect public health, safety, or welfare.

D.      The Department shall approve or deny a request made as spec- ified in subsection (C):

1.        Within 14 calendar days from the date of the Depart- ment’s receipt of the request, and

2.        Based on:

a.         The  education   and  experience   of  the  registered nurse,

b.        The activities described in the narrative plan, speci- fied in R9-18-102(A)(1), and

c.         The content of the educational activities described as specified in subsection (C)(3).

E.       A registered nurse who is providing direction for public health nursing services within the state of Arizona on the effective date of this Article is exempt from the requirement of subsec- tion (B)(2).

F.       A local health department shall ensure that a registered sanitar- ian provides environmental health services in the designated service area.

Historical Note

Adopted effective April 22, 1988 (Supp. 88-2). Amended by final rulemaking at 12 A.A.R. 3715, effective Novem- ber 11, 2006 (Supp. 06-3).