Arizona State Flag
Arizona Revised Statutes

32-2194 - Exceptions

This chapter does not apply to any of the following:

  1. Any religious corporation, church, religious society or denomination, a corporation sole administering temporalities of any church or religious society or denomination, or any cemetery organized, controlled and operated by any of them.
  2. A private or municipal cemetery.
  3. Any fraternal burial park not exceeding ten acres in area, established before July 2, 1963, in which the sale of burial spaces is restricted exclusively to its members.
  4. The superintendent of the Arizona pioneers' home and the Arizona pioneers' home cemetery.

36-402 - Exemptions

A. This chapter and the rules adopted by the director pursuant to this chapter do not authorize the licensure, supervision, regulation or control of:

1. The remedial care or treatment of residents or patients in any home or institution conducted only for those who rely solely on treatment by prayer or spiritual means in accordance with the creed or tenets of any well recognized church or religious denomination.

2. Establishments, such as motels, hotels and boarding houses, that provide domiciliary and ancillary commercial services, but do not provide adaptive, medical, hospital, nursing, health related or supervisory care services.

3. Private offices and clinics of health care providers licensed under title 32 that are not freestanding urgent care centers, unless:

(a) Patients are kept overnight as bed patients or treated otherwise under general anesthesia except when treatment by general anesthesia is regulated by title 32, chapter 11.
(b) The office or clinic is an abortion clinic. For the purposes of this subdivision, "abortion clinic" has the same meaning prescribed in section 36-449.01.

4. Dispensaries and first aid stations located within business or industrial establishments maintained solely for the use of employees if the facility does not contain inpatient beds and is under the supervision of a physician.

5. The collection, processing or distribution of whole human blood, blood components, plasma, blood fractions or derivatives procured, processed or distributed by federally licensed and regulated blood banks.

6. Places where four or fewer adults not related to the administrator or owner receive adult day health services for compensation on a regular basis.

7. Places at which persons receive health related services only from relatives or from legal guardians or places that do not purport to be establishments that regularly provide health related services and at which one or two persons receive health related services on a twenty-four hour basis.

8. The Arizona pioneers' home. However, the department of health services shall evaluate the health and sanitation conditions at the Arizona pioneers' home annually using the standards applicable to licensed nursing care institutions.

9. The personal residence of a terminally ill person, or the personal residence of that person's relative or guardian, where that person receives hospice services from a hospice service agency.

10. All medical and health related facilities and services that are provided to inmates who are confined in a state prison. The state department of corrections shall annually evaluate the medical and health related facilities and services that are provided to inmates to determine that the facilities and services meet the applicable standards that are adopted by the director of the department of health services. The state department of corrections shall report the results of its annual evaluation and the actual findings, including a plan of correction for any deficiencies, to the director of the department of health services. The department of health services shall conduct validation surveys on a percentage of the medical and health related facilities, the number of which shall be determined by the state department of corrections and the department of health services. The director of the state department of corrections shall maintain the annual evaluation reports. This paragraph does not apply to licensed behavioral or mental health inpatient treatment facilities that the state department of corrections operates.

11. A facility that provides medical and health services to inmates who are confined in a county jail. The sheriff shall annually evaluate the facility to determine if it meets the applicable standards that are adopted by either a national corrections commission on health care or an American correctional association or the sheriff shall annually submit the facility to a similar separate inspection by an outside agency with medical standards. The sheriff must submit the certificate of accreditation or proof of successful inspection to the department annually and keep a copy of the certificate or proof of inspection.

B. A medical and health related facility that provides medical and health services exclusively to persons who are incarcerated, detained or confined under court order or court jurisdiction is exempt from the patient-per-room capacity requirements provided in rule if the facility:

1. Does not exceed its intended medical and custodial purposes.

2. Adopts policies and procedures to comply with the national commission on correctional health care standards, or equivalent standards.

3. As soon as practicable, becomes accredited by the national commission on correctional health care, or by an equivalent organization.

4. Once accreditation is obtained, submits a certificate of accreditation to the department of health services annually.

5. Maintains a copy of the certificate of accreditation.

6. Maintains patient and custodial records, including on-site current photographs and fingerprints, if permitted by applicable law.

7. Makes patient lists with inmate identifiers available to the state department of corrections on reasonable request.

8. Provides timely notice of any major incident involving public safety to the appropriate law enforcement agency and allows that agency access to the facility for the purposes of law enforcement and investigation.

C. Subsection B of this section does not apply to health care institutions that exclusively provide behavioral health services.

41-901 - Governor's authority

The governor shall have charge and control of the Arizona pioneers' home, the state hospital for disabled miners, the state prison and prison farm and other state institutions the management of which is not otherwise provided by law.

41-921-Establishing home; location

A home for aged and infirm Arizona pioneers is established and shall be known as the "Arizona pioneers' home". For purposes prescribed in section 25 of the enabling act, the pioneers' home shall be designated as the hospital for disabled miners and shall have the same exemption provided to the pioneers' home pursuant to section 36-402. The home shall be maintained at or near Prescott, Arizona.

41-922 - Superintendent of home for pioneers; appointment; compensation

  1. The governor shall appoint a superintendent of the Arizona Pioneers' Home.
  2. The Superintendent shall receive compensation as determined pursuant to section 38-611.

41-923 - Admission to home; qualifications required; payment of costs; neglect or refusal to reimburse state

A. A person of good character is eligible to be admitted to the Arizona pioneers' home who:

  1. Is and has been for a period of five years prior to his application for admission a citizen or legal resident of the United States.
  2. Has been a resident of this state for not less than fifty years.
  3. Has reached the age of seventy or more years.
  4. At the time of admission, is ambulatory, has proper bowel and bladder control and is able to bathe, clothe and feed himself without assistance.
  5. At the time of admission, does not require care in a hospital or in a skilled care or intermediate care nursing home.

B. An applicant for admission to the home shall submit to the superintendent a verified financial statement showing all assets and income, a social and health history and the results of a current medical examination on forms furnished or approved by the superintendent.

C. The superintendent may admit a person to the home when a full examination and investigation reveal that the person possesses the qualifications prescribed by this section.

D. A person admitted to the Arizona pioneers' home shall pay to this state, to the extent that he is financially able to do so, the cost incurred by this state for his care. The cost shall be paid monthly to the superintendent and shall not be in excess of the average monthly per capita cost of operating the home based on the average number of persons then residing at the home during the year. A person who neglects or refuses to reimburse this state as required under this subsection shall not be permitted to reside at the home during the continuance of this neglect or refusal to pay. This subsection applies only to those persons admitted to the home after August 11, 1970.

E. In determining the cost to the person, the superintendent shall consider the same factors for each person and shall include all assets and income of the person including the fair market value of any asset owned by the person and disposed of during residency or within two years before admission to the home. The superintendent shall verify all applicant and resident financial information.

41-924 - Duties of superintendent; approval of claims; disposition of monies collected

A. The superintendent of the home shall, subject to the directions of the governor, be charged with the care, custody and management of the home.

B. The superintendent shall admit persons to the home and shall see that persons admitted to the home are comfortably cared for, fed and provided necessary medications and furnished with necessary medical treatment in the most cost-effective manner determined by the superintendent. For the purposes of this subsection:

  1. "Formulary" means a listing of drugs intended to include a large enough range of drugs to enable health practitioners to prescribe treatment that is medically appropriate.
  2. "Necessary medical treatment" means procedures, treatment and medical equipment covered by a resident's medical insurance plan.
  3. "Necessary medications" means medications that are prescribed by the resident's physician and that are on a formulary or are nonformulary prescriptions that are approved by the superintendent through a prior authorization process.

C. The superintendent shall select a supplemental medical insurance plan for residents of the home. Residents of the home shall participate in the supplemental medical insurance plan selected by the superintendent. If a resident does not participate in the supplemental medical insurance plan selected by the superintendent, the resident assumes all financial and logistical responsibility for the resident's medical care.

D. Claims for salaries and expenses authorized by this article shall be approved by the governor.

E. The superintendent, on or before the tenth day of each month, shall deposit, pursuant to sections 35-146 and 35-147, all monies received under this article in the state general fund.

41-925 - Voluntary deposit of private funds by resident with superintendent

The superintendent is the only employee of the Arizona pioneers' home authorized to accept from residents of the home private funds of such residents for safekeeping, to be held in trust for such residents. Such funds shall be disbursed by the superintendent only upon instruction of the residents or by order of a court of competent jurisdiction.

41-926 - Arizona Pioneers' Home fund; collections; disbursements

A. The Arizona pioneers' home fund is established consisting of monies, grants, gifts and contributions donated to the Arizona pioneers' home and proceeds deposited pursuant to section 41-927. The fund shall be divided into a special donations account and a cemetery proceeds account.

B. The superintendent of the Arizona pioneers' home shall administer the fund. Monies in the cemetery proceeds account are continuously appropriated. The monies in the Arizona pioneers' home fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. The superintendent or the superintendent's designee may receive donations from the public for the Arizona pioneers' home. The donations shall be deposited, pursuant to sections 35-146 and 35-147, in the special donations account and are subject to state auditing procedures. The donations shall be used in accordance with the requests of the donor for activities or purchases that benefit the residents or the home, or for staff education or recognition or any other such purpose approved by the superintendent. The donations will be disbursed by the superintendent only for these purposes or at the specific request of the donor.

D. Monies in the cemetery proceeds account shall be used for the statutorily prescribed purposes of the Arizona pioneers' home and for the Arizona pioneers' home cemetery.

41-927 - Arizona Pioneers' Home cemetery; management; exemption

A. The superintendent of the home shall manage the state sovereign land described as follows:

Yavapai county parcel number 115-09-98A; section 29, township 14 north, range 2 west of the Gila and Salt River base and meridian, Yavapai county, Arizona.

B. The superintendent of the home:

Shall maintain the Arizona pioneers' home cemetery located on the land described in subsection A of this section. May authorize burials in the Arizona pioneers' home cemetery located on the land described in subsection A of this section.

Shall not sell, exchange or barter the land described in subsection A of this section, with the exception of interment rights. The superintendent shall deposit, pursuant to sections 35-146 and 35-147, the proceeds from any sale of interment rights in the cemetery proceeds account established by section 41-926.

May lease portions of the land described in subsection A of this section. The superintendent shall deposit, pursuant to sections 35-146 and 35-147, the proceeds from any lease of this land in the cemetery proceeds account established by section 41-926.

C. The superintendent of the home and the cemetery are exempt from the requirements of title 32, chapter 20.

41-941 - Location; superintendent; claims

A. There shall be a state hospital for disabled miners as a separate facility for the benefit of disabled miners at the Arizona pioneers' home at Prescott which shall be managed by the governor.

B. The superintendent of the Arizona pioneers' home shall serve as superintendent of the miner's hospital and, subject to chapter 4, article 4 of this title, may appoint assistants and employees and prescribe their duties, subject to approval of the governor.

C. Claims for salaries and expenses authorized by this article shall be presented and paid as other state claims.

41-942 - Qualifications for admission to hospital; definitions

A. A person, under the order of the governor, shall be admitted to the hospital for disabled miners who:

1. Has been a resident while in the occupation of mining in this state.

2. Is a citizen or legal resident of the United States.

3. Has reached the age of sixty years or more, and is financially unable to support himself, or has suffered incapacitating injuries arising from and in the course of mining.

B. Based on available space and funding, the governor may approve a person for admission to the hospital for disabled miners who has not yet reached the age of sixty years but otherwise qualifies for admission under subsection A.

C. For the purposes of this section:

1. "Claim" has the same meaning prescribed in section 27-301.

2. "Mine" has the same meaning prescribed in section 27-301.

3. "Mining":

(a) Has the same meaning prescribed in section 27-301.

(b) Does not include performing executive, administrative, support or clerical functions for the owner or operator of a mine, unless a person who performs executive, administrative, support or clerical functions for the owner or operator of the mine had significant environmental exposure to mining activities, that could be detrimental to a person's health.

(c) Does not include activities performed by an owner of a private mining claim who did not actually work the claim.