In this article, unless the context otherwise requires:
1. "Clinical laboratory" has the same meaning prescribed in section 36-451.
2. "Contractor" means an agency or service that duplicates medical records on behalf of health care providers.
3. "Department" means the department of health services.
4. "Health care decision maker" means an individual who is authorized to make health care treatment decisions for the patient, including a parent of a minor or an individual who is authorized pursuant to section 8-514.05, title 14, chapter 5, article 2 or 3 or section 36-3221, 36-3231 or 36-3281.
5. "Health care provider" means:
(a) A person who is licensed pursuant to title 32 and who maintains medical records.
(b) A health care institution as defined in section 36-401.
(c) An ambulance service as defined in section 36-2201.
(d) A health care services organization licensed pursuant to title 20, chapter 4, article 9.
6. "Medical records" means all communications related to a patient's physical or mental health or condition that are recorded in any form or medium and that are maintained for purposes of patient diagnosis or treatment, including medical records that are prepared by a health care provider or by other providers. Medical records do not include materials that are prepared in connection with utilization review, peer review or quality assurance activities, including records that a health care provider prepares pursuant to section 36-441, 36-445, 36-2402 or 36-2917. Medical records do not include recorded telephone and radio calls to and from a publicly operated emergency dispatch office relating to requests for emergency services or reports of suspected criminal activity, but include communications that are recorded in any form or medium between emergency medical personnel and medical personnel concerning the diagnosis or treatment of a person.
7. "Payment records" means all communications related to payment for a patient's health care that contain individually identifiable information.
8. "Source data" means information that is summarized, interpreted or reported in the medical record, including x-rays and other diagnostic images.
Notes of Decisions
Cited in
10
cases (
5 in the last 5 years), 2007–2026 · leading case:
Catrone v. Miles, 160 P.3d 1204 (Ariz. Ct. App. 2007).
Catrone v. Miles, 160 P.3d 1204 (Ariz. Ct. App. 2007).
· cites it 6× “See A.R.S. §§ 12-2291(4)(a) and 32-101-4161 (2002 & Supp.”
Shepherd v. Costco, 441 P.3d 989 (Ariz. Ct. App. 2019).
· cites it 4× “” On appeal, he again contends Costco violated HIPAA and A.R.S. §§ 12-2291 to -2297. 3 SHEPHERD v.”
Schoeneweis v. Hamner, 221 P.3d 48 (Ariz. Ct. App. 2009).
· cites it 2× “The term “medical records” is defined in A.R.S. § 12-2291(5) (Supp.2008) to mean “all communications related to a patient’s physical or mental health or condition that are recorded in any form or medium and that are maintained for purposes of patient diagnosis or treatment.”
Greg Shepherd v. Costco Wholesale Corp. (Ariz. 2021).
· cites it 4× “508 , 509 ¶ 7 (2017), and 2 “Healthcare provider” is defined by A.R.S. § 12-2291(5), what constitutes “medical information” is defined by A.”
Stephan v. Bertz (Ariz. Ct. App. 2026).
· cites it 4× “]” A.R.S. § 12-2291(6). Because the wire was part of her medical records, Bertz concludes, her claim that he improperly lost or withheld it constitutes a claim for medical negligence under Section 12- 561(2) based on the improper maintaining of medical records.”
Santoro v. Santoro (Ariz. Ct. App. 2019).
· cites it 2× “See A.R.S. §§ 12-2291(4), -2293(B)(3). The court did not cite or otherwise indicate it was applying A.”
Bakker v. Banner Health (Ariz. Ct. App. 2019).
· cites it 2× “’s parents, under A.R.S. §§ 12-2291 to -2292, -2294, they had a reasonable expectation of privacy in M.”
Ball v. Adhs (Ariz. Ct. App. 2021).
· cites it 2× “” A.R.S. § 12-2291(6). And although the court did not draw the connection between medical information and the medical records statute, we will affirm the court’s ruling if it is correct for any reason.”
Andrich v. Banner Univ. (Ariz. Ct. App. 2022).
· cites it 2× “” A.R.S. § 12-2291(6). Implied waiver of the physician-patient privilege occurs in two circumstances: 1) under the waiver of privilege statute, the privilege is waived if the privilege holder offers himself as a witness and voluntarily testifies about privileged communications,…”
Williams v. TMC Health (D. Ariz. 2024).
“Additionally, § 12-2291 does not 13 create any duty related to the data disclosure at issue here because it discusses only medical 14 records and payment records, neither of which are alleged to have been disclosed.”
— Ariz. Rev. Stat. § 12-2291(4) — 1 case
Santoro v. Santoro (Ariz. Ct. App. 2019).
“See A.R.S. §§ 12-2291(4), -2293(B)(3). The court did not cite or otherwise indicate it was applying A.”
— Ariz. Rev. Stat. § 12-2291(4)(a) — 1 case
Catrone v. Miles, 160 P.3d 1204 (Ariz. Ct. App. 2007).
“See A.R.S. §§ 12-2291(4)(a) and 32-101-4161 (2002 & Supp.”
— Ariz. Rev. Stat. § 12-2291(5) — 3 cases
Catrone v. Miles, 160 P.3d 1204 (Ariz. Ct. App. 2007).
“See A.R.S. §§ 12-2291(4)(a) and 32-101-4161 (2002 & Supp.”
Schoeneweis v. Hamner, 221 P.3d 48 (Ariz. Ct. App. 2009).
“The term “medical records” is defined in A.R.S. § 12-2291(5) (Supp.2008) to mean “all communications related to a patient’s physical or mental health or condition that are recorded in any form or medium and that are maintained for purposes of patient diagnosis or treatment.”
Greg Shepherd v. Costco Wholesale Corp. (Ariz. 2021).
“508 , 509 ¶ 7 (2017), and 2 “Healthcare provider” is defined by A.R.S. § 12-2291(5), what constitutes “medical information” is defined by A.”
— Ariz. Rev. Stat. § 12-2291(5)(a) — 1 case
Shepherd v. Costco, 441 P.3d 989 (Ariz. Ct. App. 2019).
“” On appeal, he again contends Costco violated HIPAA and A.R.S. §§ 12-2291 to -2297. 3 SHEPHERD v.”
— Ariz. Rev. Stat. § 12-2291(6) — 4 cases
Stephan v. Bertz (Ariz. Ct. App. 2026).
“]” A.R.S. § 12-2291(6). Because the wire was part of her medical records, Bertz concludes, her claim that he improperly lost or withheld it constitutes a claim for medical negligence under Section 12- 561(2) based on the improper maintaining of medical records.”
Greg Shepherd v. Costco Wholesale Corp. (Ariz. 2021).
“508 , 509 ¶ 7 (2017), and 2 “Healthcare provider” is defined by A.R.S. § 12-2291(5), what constitutes “medical information” is defined by A.”
Ball v. Adhs (Ariz. Ct. App. 2021).
“” A.R.S. § 12-2291(6). And although the court did not draw the connection between medical information and the medical records statute, we will affirm the court’s ruling if it is correct for any reason.”
Andrich v. Banner Univ. (Ariz. Ct. App. 2022).
“” A.R.S. § 12-2291(6). Implied waiver of the physician-patient privilege occurs in two circumstances: 1) under the waiver of privilege statute, the privilege is waived if the privilege holder offers himself as a witness and voluntarily testifies about privileged communications,…”
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