Section R9-20-101. Definitions

The following definitions apply in this Article unless otherwise specified:

1.        “Administrator” means an individual who has authority and responsibility for managing the provision of DUI ser- vices.

2.        “Applicant” means an individual or business organization that has submitted an application packet to the Depart- ment.

3.        “Application packet” means the forms, documents, and additional information the Department requires an appli- cant to submit to become a DUI services provider.

4.        “Behavioral health professional” means an individual licensed under A.R.S. Title 32 whose scope of practice allows the individual to:

a.        Independently engage in the practice of behavioral health as defined in A.R.S. § 32-3251; or

b.        Except for a licensed substance abuse technician, engage in the practice of behavioral health as defined in A.R.S. § 32-3251 under direct supervi- sion as defined in A.A.C. R4-6-101.

5.        “Behavioral health service” means the medical services, nursing services, or health-related services provided to an individual to address the individual’s behavioral health issue.

6.        “Business organization” has the same meaning  as “entity” in A.R.S. § 10-140.

7.        “Client” means an individual who is ordered by a court to receive DUI screening, DUI education, or DUI treatment as a result of an arrest, adjudication, or conviction for a violation of A.R.S. §§ 5-395.01, 8-343, 28-1381, 28- 1382, or 28-1383.

8.        “Client record” means documentation relating to the DUI services received by a client.

9.        “Controlling person” means a person who, with respect to a business organization:

a.        Through ownership, has the power to vote at least 10% of the outstanding voting securities of the busi- ness organization;

b.        If the business organization is a partnership, is a general partner or is a limited partner who holds at least 10% of the voting rights of the partnership;

c.        If the business organization is a corporation, associa- tion, or limited liability company, is the president, the chief executive officer, the incorporator, an agent, or any person who owns or controls at least 10% of the voting securities; or

d.        Holds a beneficial interest in 10% or more of the lia- bilities of the business organization.

10.     “Day” means a day, not including the day of the act, event, or default, from which a designated period of time begins to run, but including the last day of the period unless it is a Saturday, Sunday, or state holiday, in which case the period runs until the end of the next day that is not a Saturday, Sunday, or state holiday.

11.     “Department” means the Arizona Department of Health Services.

12.     “Documentation” means information in written, photo- graphic, electronic, or other permanent form.

13.     “DUI education” has the same meaning as “education” in

A.R.S. § 28-1301.

14.     “DUI education provider” means an individual or busi- ness organization that is approved by the Department as meeting the standards in this Article related to DUI edu- cation.

15.     “DUI screening” has the same meaning as “screening” in

A.R.S. § 28-1301.

16.     “DUI screening provider” means an individual or busi- ness organization that is approved by the Department as meeting the standards in this Article related to DUI screening.

17.     “DUI services” means DUI screening, DUI education, or DUI treatment provided to a client.

18.     “DUI services provider” means an individual or business organization that is approved by the Department as a DUI screening provider, DUI education provider, or DUI treat- ment provider.

19.     “DUI treatment” has the same meaning as “treatment” in

A.R.S. § 28-1301.

20.     “DUI treatment provider” means an individual or busi- ness organization that is approved by the Department as meeting the standards in this Article related to DUI treat- ment.

21.     “Employee” means an individual compensated by a DUI services provider for work on behalf of the DUI services provider.

22.     “Facility” means the building or buildings used to pro- vide DUI services.

23.     “Licensed substance abuse technician” has the same meaning as in A.R.S. § 32-3321.

24.     “Licensed independent substance abuse counselor” has the same meaning as in A.R.S. § 32-3321.

25.     “Monitoring” means the Department’s inspection of a facility to observe and check the quality of DUI services.

26.     “Referring court” means a court of competent jurisdiction that orders a client to receive DUI screening, DUI educa- tion, or DUI treatment.

27.     “Secure connection” means a system through which information can be exchanged without unauthorized third party interception or corruption of the signals.

Historical Note

Adopted under an exemption from A.R.S. Title 41, Chap- ter 6 pursuant to Laws 1992, Ch. 301, § 61, effective October 23, 1992; received in the Office of the Secretary of State November 9, 1992 (Supp. 92-4). Amended under an exemption from A.R.S. Title 41, Chapter 6 pursuant to Laws 1992, Ch. 301, § 61, effective September 30, 1993 (Supp. 93-3). Agency errors corrected to definitions 18, 47, 61-64, and 67 pursuant to letter received in the Office of the Secretary of State October 8, 1993 (Supp. 93-4).

Section repealed; new Section made by exempt rulemak- ing at 7 A.A.R. 4439, effective October 3, 2001 (Supp.

01-3). Amended by exempt rulemaking at 9 A.A.R. 3214,

effective June 30, 2003 (Supp. 03-2). R9-20-101(28) cor- rected to restore subsection label (b) (Supp. 05-1).

Amended by exempt rulemaking at 18 A.A.R. 1725, effective June 30, 2012 (Supp. 12-2). Amended by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 (Supp. 13-2).