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Privacy and Confidentiality in Arizona

 

Privacy and Confidentiality in Arizona

Subtopic Statute/Regulation Description
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...
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 of medical records Abortion Clinic Patient Rights, Ariz. Admin. Code § 9-10-1507
Behavioral Health Patient Records, Ariz. Admin. Code § 9-10-1312
Client Record, Ariz. Admin. Code § 4-6-1103
Client Records, Ariz. Admin. Code § 4-26-412
Confidentiality and Safeguarding of Information, Ariz. Admin. Code § 9-22-309
Confidentiality of Investigative Materials, Ariz. Admin. Code § 4-26-305
Confidentiality of records, A.R.S. § 36-568.01 “Confidentiality of records”   Arizona classifies all information and records generated while providing developmental disability...
Confidentiality of records; unauthorized disclosure unlawful, A.R.S. § 36-160 “Confidentiality of records; unauthorized disclosure unlawful; classification”   Attending physicians and surgeons, home health...
Confidentiality, Ariz. Admin. Code § 4-6-1105
Confidentiality; protection from discovery proceedings and subpoena, A.R.S. § 36-2403 “Confidentiality; protection from discovery proceedings and subpoena; exceptions”   Arizona classifies as confidential all quality...
General Requirements, Ariz. Admin. Code § 9-22-2002
Lawful Practice, Ariz. Admin. Code § 4-24-301
Limitation of publication; identity of patient confidential, A.R.S. § 36-445.03 “Limitation of publication; identity of patient confidential”   Publictions of health care services review results must keep the...
Outpatient Treatment Center Patient Rights, Ariz. Admin. Code § 9-10-1008
Records; confidentiality, A.R.S. § 36-2220 “Records; confidentiality; definition”   Arizona classifies records and data maintained by the department of health services in...
Records; maintenance; confidentiality; optometry, A.R.S. § 32-1746 “Records; maintenance; confidentiality”   Licensed optometrists must allow the state board of optometry to inspect patient records....
Reporting Requirements for Specimens, Ariz. Admin. Code § 9-13-206
Rights of consumers, A.R.S. § 32-2051 “Rights of consumers”   Arizona requires physical therapists to disclose any financial interest they have in a recommended product...
Unprofessional or Dishonorable Conduct, Ariz. Admin. Code § 4-7-902
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...