Injury Law 13 (Title 36)
A.R.S. 36-134
Asbestosis and mesothelioma
The department shall develop and implement by rule standards and procedures to make asbestosis and mesothelioma diseases reportable to the department.
Comment: Mesothelioma has affected many people and led to a mass of litigation, not just in Arizona, but all over the United States. There are lawyers who can help with these kinds of claims.
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A.R.S. 36-135
Child immunization reporting system; requirements; access; confidentiality; immunity; violation; classification
A. The child immunization reporting system is established in the department to collect, store, analyze, release and report immunization data.
B. Beginning on January 1, 1998, a health care professional who is licensed under title 32 to provide immunizations shall, except as provided in subsection I, report the following information:
1. The health care professional's name, business address and business telephone number.
2. The child's name, address, the child's social security number if known and not confidential, gender, date of birth and mother's maiden name.
3. The type of vaccine administered and the date it is administered.
C. The health care professional may submit this information to the department on a weekly or monthly basis by telephone, facsimile, mail, computer or any other method prescribed by the department.
D. Except as provided in subsection I, the department shall release identifying information only to the child's health care professional, parent, guardian, health care service organization, the Arizona health care cost containment system and its providers as defined in title 36, chapter 29, or a school official who is authorized by law to receive and record immunization records. The department may, by rule, release immunization information to persons for a specified purpose. The department may release nonidentifying summary statistics.
E. Identifying information in the system is confidential. A person who is authorized to receive confidential information under subsection D shall not disclose this information to any other person.
F. A health care professional who provides information in good faith pursuant to this section is not subject to civil or criminal liability.
G. A health care professional who does not comply with the requirements of this section violates a law or task applicable to the practice of medicine and an act of unprofessional conduct.
H. Any agency or person receiving confidential information from the system who subsequently discloses that information to any other person is guilty of a class 3 misdemeanor.
I. At the request of the child's parent or guardian, the department of health services shall provide a form to be signed that allows confidential immunization information to be withheld from all persons including persons authorized to receive confidential information pursuant to subsection D. If the request is delivered to the health care professional prior to the immunization, the health care professional shall not forward the information required under subsection B to the department.
Comment: Arizona keeps records of immunizations in the state, but there are rules the state must follow in doing this.
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A.R.S. 36-212
Maximum security area required
The superintendent, under the direction of the deputy director, shall equip, staff and supervise the operation of an area consisting of one or more separate buildings on the state hospital grounds in Phoenix to be designated a maximum security area. The superintendent shall designate which patients shall be confined within a maximum security area. Such area shall be equipped, staffed and maintained in order to provide treatment and necessary supervision to prevent the patients from leaving such area without authorization.
Comment: For mentally ill patients, the state health department is required to provide an area that is considered maximum security. This area must be strictly supervised, and there is a duty to stop any patient from leaving without proper authority.
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A.R.S. 36-445.02
Immunity relating to review of medical practices
A. Any individual who, in connection with duties or functions of a hospital or outpatient surgical center pursuant to section 36-445, makes a decision or recommendation as a member, agent or employee of the medical or administrative staff of a hospital or center or of one of its review committees or related organizations or who furnishes any records, information, or assistance to such medical staff or review committee or related organization is not subject to liability for civil damages or legal action in consequence thereof.
B. No hospital or outpatient surgical center and no individual involved in carrying out review or disciplinary duties or functions of a hospital or center pursuant to section 36-445 may be liable in damages to any person who is denied the privilege to practice in a hospital or center or whose privileges are suspended, limited or revoked. The only legal action which may be maintained by a licensed health care provider based on the performance or nonperformance of such duties and functions is an action for injunctive relief seeking to correct an erroneous decision or procedure. The review shall be limited to a review of the record. If the record shows that the denial, revocation, limitation or suspension of membership or privileges is supported by substantial evidence, no injunction shall issue. In such actions, the prevailing party shall be awarded taxable costs, but no other monetary relief shall be awarded.
C. Nothing in this section relieves any individual, hospital or outpatient surgical center from liability arising from treatment of a patient.
Comment: For example, this Arizona statute protects personnel who review medical practices in a hospital from any civil liability or legal ramifications.
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