1. A. If the Department determines that an applicant or licensee is violating applicable statutes or rules, the Department may take action according to A.R.S. Title 36, Chapter 4, R9-10-112 or, Table 1.2.

2. B. The Department may impose civil money penalties on a licensed health care institution that violates Title 36 or this Chapter, with penalties assessed per resident or patient impacted by the violation as determined by the Department based on the following factors:

   1. 1. The civil penalty may be up to $1,000 per violation, pursuant to A.R.S. § 36-431.01, if one or more of the following aggravating factors apply:

      1. a. The violation is repeated;
      2. b. Actual harm occurred;
      3. c. The violation poses a potential threat for actual harm or to health and safety, including to patients, staff, or residents;
      4. d. Immediate jeopardy exists due to the type and severity of the violation;
      5. e. The licensee fails to correct the violation in a reasonable timely manner, which may be a threat to health and safety;
      6. f. The length of time the violation occurred;
      7. g. Patterns of noncompliance; or
      8. h. The total number of violations; and

   2. 2. In determining the final penalty, the Department shall consider and reduce the penalty if one or more of the following mitigating factors apply:

      1. a. The violation was isolated,
      2. b. No actual harm occurred,
      3. c. No immediate jeopardy was present,
      4. d. The facility reported the violation to the Department,
      5. e. The facility promptly corrected the violation,
      6. f. The number of persons affected by the violation,
      7. g. The size of the facility and the financial impact of the penalty, or
      8. h. The length of time the violation occurred.

Historical Note

Amended effective February 4, 1981 (Supp. 81-1). Section repealed; new Section made by final rulemaking at 8 A.A.R. 3559, effective August 1, 2002 (Supp. 02-3). Amended by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Amended by exempt rulemaking at 20 A.A.R. 97, effective January 1, 2014 (Supp. 13-4). Section R9-10-111 renumbered to Section R9-10-112; new Section R9-10-111 renumbered from R9-10-110 and amended by exempt rulemaking at 20 A.A.R. 1409, pursuant to Laws 2013, Ch. 10, § 13; effective July 1, 2014 (Supp. 14-2). Amended by final rulemaking at 25 A.A.R. 1583, effective October 1, 2019 (Supp. 19-3). Amended by final rulemaking at 31 A.A.R. 2085 (June 27, 2025), with a delayed effective date of June 30, 2025 (Supp. 25-2).