Arizona Revised Statutes

Ariz. Rev. Stat. § 36-406 (2026)

Powers and duties of the department

✓ current as of May 2026

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In addition to its other powers and duties:

1. The department shall:

(a) Administer and enforce this chapter and the rules, regulations and standards adopted pursuant thereto.

(b) Review, and may approve, plans and specifications for construction or modification or additions to health care institutions regulated by this chapter.

(c) Have access to books, records, accounts and any other information of any health care institution reasonably necessary for the purposes of this chapter.

(d) Require as a condition of licensure that nursing care institutions and assisted living facilities make vaccinations for influenza and pneumonia available to residents on site on a yearly basis. The department shall prescribe the manner by which the institutions and facilities shall document compliance with this subdivision, including documenting residents who refuse to be immunized. The department shall not impose a violation on a licensee for not making a vaccination available if there is a shortage of that vaccination in this state as determined by the director.

2. The department may:

(a) Make or cause to be made inspections consistent with standard medical practice of every part of the premises of health care institutions which are subject to the provisions of this chapter as well as those which apply for or hold a license required by this chapter.

(b) Make studies and investigations of conditions and problems in health care institutions, or any class or subclass thereof, as they relate to compliance with this chapter and rules, regulations and standards adopted pursuant thereto.

(c) Develop manuals and guides relating to any of the several aspects of physical facilities and operations of health care institutions or any class or subclass thereof for distribution to the governing authorities of health care institutions and to the general public.

Notes of Decisions

Cited in 2 cases, 1974–2010 · leading case: Bickler v. Senior Lifestyle Corp., 266 F.R.D. 379 (D. Ariz. 2010).

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Bickler v. Senior Lifestyle Corp., 266 F.R.D. 379 (D. Ariz. 2010). · cites it 2× “DHS is obligated to enforce the rules and regulations relating to health care facilities, § 36-406(l)(a), and may obtain access to “books, records, accounts and any other information of any health care institution,” § 36-406(l)(c).”

Tucson Med. Ctr. Inc. v. Rowles, 520 P.2d 518 (Ariz. Ct. App. 1974). · cites it 2× “While the Arizona Department of Health does have access to hospital records (A.R.S. § 36-406(1) (c), the department is foreclosed by statute from disclosing such information, A.”

— Ariz. Rev. Stat. § 36-406(1) — 1 case

Tucson Med. Ctr. Inc. v. Rowles, 520 P.2d 518 (Ariz. Ct. App. 1974). “While the Arizona Department of Health does have access to hospital records (A.R.S. § 36-406(1) (c), the department is foreclosed by statute from disclosing such information, A.”

— Ariz. Rev. Stat. § 36-406(l)(a) — 1 case

Bickler v. Senior Lifestyle Corp., 266 F.R.D. 379 (D. Ariz. 2010). “DHS is obligated to enforce the rules and regulations relating to health care facilities, § 36-406(l)(a), and may obtain access to “books, records, accounts and any other information of any health care institution,” § 36-406(l)(c).”

— Ariz. Rev. Stat. § 36-406(l)(c) — 1 case

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