Arizona Revised Statutes

Ariz. Rev. Stat. § 36-431 (2026)

Violation; classification

✓ current as of May 2026

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A. A person is guilty of a class 3 misdemeanor who:

1. Establishes, operates or maintains any class or subclass of health care institution, as defined in this chapter, unless the person holds a current and valid license for such class or subclass from the department.

2. Knowingly violates any provision of this chapter unless another classification is specifically prescribed in this chapter.

B. Each day that a violation continues shall constitute a separate violation.

Notes of Decisions

Cited in 3 cases, 1999–2004 · leading case: Goodman v. Samaritan Health Sys., 990 P.2d 1061 (Ariz. Ct. App. 1999).

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Goodman v. Samaritan Health Sys., 990 P.2d 1061 (Ariz. Ct. App. 1999). “section 36-431, which mandated peer review of physicians practicing in hospitals, and section 36-433, which provided immunity from liability for civil damages or any other legal action for decisions made by those participating in the process “without malice and in good faith.”

Tucson Woman's Clinic v. Eden, 371 F.3d 1173 (9th Cir. 2004). “The civil and criminal penalties to which defendants cite, Ariz.Rev.Stat. §§ 36-431, 36-431.01, appear to refer primarily to the health providers, and may not apply to DHS employees.”

Tucson Woman's Clinic v. Eden, 379 F.3d 531 (9th Cir. 2004). “The civil and criminal penalties to which defendants cite, Ariz.Rev.Stat. §§ 36-431, 36-431.01, appear to refer primarily to the health providers, and may not apply to DHS employees.”

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