1. A. A.R.S. Title 39, Chapter 1, Article 2, governs the Department’s disclosure of public health records, except for:

   1. 1. Disclosure of public health records under A.R.S. §§ 36-104(9) and 36-105;
   2. 2. Disclosure of vital records, as defined in A.R.S. 36-301, under A.R.S. §§ 36-324, 36-342, and 36-351;

   3. 3. At the direction of the Human Subjects Review Board, disclosure of public health records that are not de-identified when:

      1. a. The public health records are sought for research, and
      2. b. The disclosure meets the requirements of 45 CFR 164.512(i)(2);
   4. 4. Disclosure of medical marijuana records under A.R.S. § 36-2810; or
   5. 5. Other disclosures prohibited by state or federal law.

2. B. For disclosure of public health records under A.R.S. Title 39, Chapter 1, Article 2, an individual shall submit to the Department a public records request that contains:

   1. 1. The request date;
   2. 2. The requester’s name, and if applicable, the requester’s mailing address, e-mail address, and telephone number;
   3. 3. If applicable, the name, address, and telephone number of the requester’s organization;
   4. 4. A specific identification of the public health records to be disclosed, including the description and dates of the records;
   5. 5. Whether the public health records identified in subsection (B)(4) will be used for commercial purposes;
   6. 6. If the requester indicates under subsection (B)(5) that the public health records will be used for commercial purposes, an explanation of each commercial purpose;
   7. 7. The requester’s signature; and

   8. 8. If the requester indicates under subsection (B)(5) that the public health records will be used for a commercial purpose:

      1. a. A jurat, as defined in A.R.S. § 41-311, completed by an Arizona notary; or

      2. b. A notarization from another state indicating that the notary:

         1. i. Verified the signer’s identity,
         2. ii. Observed the signing of the document, and
         3. iii. Heard the signer swear or affirm the truthfulness of the document.

3. C. Within 15 business days after the Department receives a public records request that meets the requirements in subsection (B) or at a later time agreed upon by the Department and the individual requesting the records, the Department shall respond to the request by:

   1. 1. Sending by regular mail or electronic mail to the address provided in subsection (B)(2):

      1. a. An acknowledgement that the Department received the public records request;
      2. b. A list of categories of public health records that are not subject to disclosure; and
      3. c. For the public health records requested that are subject to disclosure, a statement that the Department will notify the individual when disclosure will be provided; or

   2. 2. Providing:

      1. a. A list of categories of public health records that are not subject to disclosure; and
      2. b. For the public health records requested that are subject to disclosure, disclosure of the records.
4. D. The Department shall ensure that public health records disclosed pursuant to a public records request are de-identified.

5. E. For copies of public health records disclosed pursuant to a public records request:

   1. 1. If the copies are for a commercial purpose, the Department shall charge:

      1. a. The amount determined according to A.R.S. § 39-121.03, and
      2. b. Based on the requester’s explanation under subsection (B)(6);
   2. 2. If the copies are not for a commercial purpose, the Department shall charge twenty-five cents per page; or
   3. 3. If the copies are for a purpose stated in A.R.S. § 39-122(A), the Department shall not impose a charge.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 3699, effective November 11, 2006 (Supp. 06-3). Amended by final expedited rulemaking at 26 A.A.R. 1224, with an immediate effective date of June 3, 2020 (Supp. 20-2).