36-446. Definitions
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/az/title-36/36-446A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this article, unless the context otherwise requires:
1. "Administrator" or "nursing care institution administrator" means a person who is charged with the general administration of a nursing care institution, whether or not that person has an ownership interest in the institution and whether or not the person's functions and duties are shared with others.
2. "Assisted living facility" has the same meaning prescribed in section 36-401.
3. "Assisted living facility manager" means a person who has responsibility for administering or managing an assisted living facility, whether or not that person has an ownership interest in the institution and whether or not the person's functions and duties are shared with others.
4. "Assisted living facility training program" includes:
(a)Training that is required for assisted living facility manager certification.
(b)Training that is required for assisted living facility caregivers and that is either:
(i)Consistent with the training, competency and test methodology standards developed by the Arizona health care cost containment system administration for in-home direct care workers.
(ii)As prescribed in section 36-446.16.
5. "Board" means the board of examiners of nursing care institution administrators and assisted living facility managers.
6. "Department" means the department of health services.
7. "Directed care services" has the same meaning prescribed in section 36-401.
8. "Director" means the director of the department of health services.
9. "Felony involving violence or financial fraud" means any of the following offenses:
(a)Sexual abuse of a vulnerable adult.
(b)Homicide, including first or second degree murder, manslaughter or negligent homicide.
(c)Sexual assault.
(d)Sexual exploitation of a vulnerable adult.
(e)Commercial sexual exploitation of a vulnerable adult.
(f)Child abuse.
(g)Abuse of a vulnerable adult.
(h)Molestation of a child.
(i)Molestation of a vulnerable adult.
(j)A dangerous crime against children as defined in section 13-705.
(k)Neglect or abuse of a vulnerable adult.
(l)Sexual abuse.
(m)Causing one's spouse to become a prostitute.
(n)Detention of persons in a house of prostitution for debt.
(o)Pandering.
(p)A felony offense involving domestic violence as defined in section 13-3601 except for a felony offense involving only criminal damage in an amount of more than $250 but less than $1,000 if the offense was committed before June 29, 2009.
(q)Any felony offense in violation of title 13, chapter 12.
(r)Felony indecent exposure.
(s)Felony public sexual indecency.
(t)Terrorism.
(u)Any offense involving a violent crime as defined in section 13-901.03.
(v)Aggravated criminal damage.
(w)Theft.
(x)Theft by extortion.
(y)Forgery.
(z)Criminal possession of a forgery device.
(aa)Obtaining a signature by deception.
(bb)Theft of a credit card or obtaining a credit card by fraudulent means.
(cc)Receipt of anything of value obtained by fraudulent use of a credit card.
(dd)Forgery of a credit card.
(ee)Fraudulent use of a credit card.
(ff)Possession of any machinery, plate or other contrivance or incomplete credit card.
(gg)A false statement as to financial condition or identity to obtain a credit card.
(hh)Fraud by persons authorized to provide goods or services.
(ii)Credit card transaction record theft.
(jj)Adding poison or another harmful substance to food, drink or medicine.
(kk)A criminal offense involving criminal trespass under title 13, chapter 15.
(ll)A criminal offense involving burglary under title 13, chapter 15.
(mm)A criminal offense under title 13, chapter 23, except terrorism.
(nn)A felony offense involving domestic violence as defined in section 13-3601 if the offense involved only criminal damage in an amount of more than $250 but less than $1,000 and the offense was committed before June 29, 2009.
(oo)Taking the identity of another person or entity.
(pp)Aggravated taking the identity of another person or entity.
(qq)Trafficking in the identity of another person or entity.
(rr)Welfare fraud.
(ss)Kidnapping.
(tt)Robbery, aggravated robbery or armed robbery.
10. "Nursing care institution":
(a)Means an institution or other place, however named, whether for profit or not, including facilities operated by this state or a subdivision of this state, that is advertised, offered, maintained or operated for the express or implied purpose of providing care to persons who need nursing services on a continuing basis but who do not require hospital care or care under the daily direction of a physician.
(b)Does not include:
(i)An institution for the care and treatment of the sick that is operated only for those who rely solely on treatment by prayer or spiritual means in accordance with the tenets of a recognized religious denomination.
(ii)Nursing care services that are an integral part of a hospital licensed pursuant to this chapter.
11. "Unprofessional conduct" includes:
(a)Dishonesty, fraud, incompetency or gross negligence in performing administrative duties.
(b)Gross immorality or proselytizing religious views on patients without their consent.
(c)Other abuses of official responsibilities, which may include intimidating or neglecting patients.