Skip to main content

Arizona Department of Health Services (ADHS)

Revision Date

AGENCY CONTACT INFORMATION

Arizona Department of Health Services

See also: Arizona Health Care Cost Containment System, Arizona Department of Environmental Quality, Radiation Regulatory Agency, Radiation Regulatory Hearing Board, Medical Radiologic Technology Board of Examiners, and the Vehicle Emissions Inspection Program.

Authority

The Arizona Department of Health Services (ADHS) was established in 1973. Current statutory authority is found at A.R.S. §§36-101 et seq. Administrative rules are found at A.A.C. R9-1-101 et seq. Statutory authority for funeral services is found at A.R.S. §§32-1301 et seq.

Function

ADHS was established to protect the physical and mental health of Arizona citizens and to promote the highest standards for licensed healthcare institutions, emergency services, and care facilities for adults and children. Agency responsibilities have changed somewhat since its creation. See “History” section below for detail.

ADHS is responsible for a number of programs including licensing and regulation of health care and childcare facilities; disease control; immunization education and promotion; emergency preparedness; emergency medical services; state laboratory; public health statistics; radiation regulatory programs; and vital records which include birth and death certificates.

ADHS is responsible for operation of the Arizona State Hospital, a state-operated psychiatric inpatient facility providing treatment to adolescents and adults with serious mental illness. (Auditor General Report No. 09-11 and http://www.azdhs.gov)

In 2023, the Legislature transferred the duties of the State Board of Funeral Directors and Embalmers to ADHS, and additional amendments were enacted in 2024.

History

Background

The State Board of Health existed from 1913 until 1974. The State Department of Health existed from 1941 until 1974. In 1967, the State Department of Health assumed responsibility for water quality and air pollution control. (Laws 1967, Chapters 2 and 105) The successor agency, the Arizona Department of Health Services, established in 1974, absorbed a number of agencies including the State Department of Health, Arizona Health Planning Authority, Crippled Children’s Services, Arizona State Hospital, Pioneers’ Home and Hospital, and the Anatomy Board. ADHS also included the Water Quality Control Council, the Bureau of Air Pollution Control, Bureau of Air Quality Control, Bureau of Water Quality Control, and the Bureau of Vehicular Emission Inspection.

The purpose of the 1973 act was to integrate health services in a pattern to reduce duplication of administrative efforts, services, and expenditures and promote a means for people with health problems to find a solution in a single department’s coordinated service. (Laws 1973, Chapter 158 – Purpose) Section 320 of the 1973 measure outlined specific requirements related to the effective date, a transition period, and a plan of assumption for the functions that were transferred to ADHS.

The authority, funding, functions, and programs that had been repealed and transferred to ADHS were allowed to continue for a period of time in order to allow for establishment of the new agency. An executive order certifying a plan of assumption was required in order to establish an effective date for the new agency. Governor Jack Williams issued a series of executive orders in 1974 (See EO 74-2, EO 74-3, EO 74-4, and EO 74-6). The Director of ADHS was required to work with a legislative committee until July 1, 1975, regarding organization and operation of the Department.

Session Laws

Laws 1941, Chapter 105 established the State Department of Health, responsible for a number of programs, including maternal and child health, nursing, preventive health services, health records and statistics, the state laboratory, and local health administration.

Laws 1967, Chapters 2 and 105. In 1967, the State Department of Health assumed responsibility for water quality and air pollution control.

Laws 1973, Chapter 158 established ADHS, which assumed responsibility for a number of boards and agencies. Section 320 of the act outlined specific requirements regarding the effective date, a transition period, and a plan of assumption for the functions that were transferred to ADHS.

Laws 1981, Fourth Special Session, Chapter 1 established the Arizona Health Care Cost Containment System (AHCCCS) as a division within ADHS. It provided for hospitalization and medical care of the indigent sick; provided funding for the system; authorized the director to apply for federal funding; outlined responsibilities of counties, the Arizona Department of Economic Security, and ADHS; prescribed requirements for eligibility services, coverage, and contracts; and execution of prepaid capitated health service contracts. Coverage began October 1, 1982.

Laws 1984, Chapter 372 established AHCCCS as a stand-alone agency and transferred responsibility, personnel, equipment, and funds from ADHS to the new agency.

Laws 1986, Chapter 368 established a new state agency, the Arizona Department of Environmental Quality (ADEQ). The measure transferred oversight of air quality, water quality, solid waste, and hazardous waste, and outlined transition and succession of responsibility from ADHS to ADEQ.

Laws 1995, Chapter 257 required a sexually violent person, as determined by the courts, to be detained in the Arizona State Hospital. The following year, legislation was enacted to place the person under the custody of ADHS, rather than the Arizona Department of Corrections. See also Laws 1996, Chapter 315.

Laws 2000, Chapter 362 designated ADHS as the state’s recipient and administrator of federal Family Violence Prevention and Services Act grants. The measure also designated the Governor’s Office as the state’s recipient of federal Stop Violence Against Women Act grants and designated the Arizona Department of Public Safety as the state’s recipient of federal Victims of Crimes Act grants.

Laws 2000, Fifth Special Session, Chapter 2 established the Serious Mental Illness Services Fund, consisting of monies appropriated to ADHS from the Tobacco Litigation Settlement Account in the state general fund.

Laws 2011, Chapter 27 transferred the Biomedical Research Commission to ADHS, including its duties and responsibilities, which are related to disease control and health research.

A second measure enacted in 2011 transferred responsibility for the Children’s Rehabilitative Services, including personnel, equipment, records, and funds, from ADHS to AHCCCS, effective July 1, 2011 (see Laws 2011, Chapter 31).

Laws 2015, Chapter 19 transferred the administration of behavioral health services from ADHS to AHCCCS, effective July 1, 2016. Administration of the Arizona State Hospital remained with ADHS. The measure required conforming language to be drafted the following year in order to complete the transfer of responsibility (see Laws 2016, Chapter 122).

Several measures were enacted in 2017 relating to ADHS:

  • Chapter 108 required the Director to exclude information on fetal demise cases from the Hospital Consumer Assessment of Healthcare Providers and Systems Survey.
  • Chapter 122 modified licensing requirements for health care institutions and allowed the Director to adopt rules regarding payment of fees.
  • Chapter 134 provided specific exemptions from fingerprinting requirements for persons who provide recidivism reduction services at an adult residential care institution and required the Director to adopt rules.
  • Chapter 234 established the Drug Overdose Review Team within ADHS to develop a drug overdose facilities data collections system. The measure outlined goals, access to information, confidentiality and provided a termination date of January 2023 for the Review Team.
  • Chapter 288 authorized the Director to take steps to enhance the use of the Arizona State Hospital, including contracting with third parties and entering into short-term lease agreements to develop the land and buildings. The measure established the Arizona State Hospital Charitable Trust Fund and outlined information to be reported to the Joint Committee on Capital Review.
  • Chapter 313 transferred responsibilities, personnel, equipment, and funds of three entities to ADHS: Arizona Radiation Regulatory Agency (ARRA), Arizona Radiation Regulatory Hearing Board (RRHB); and the Medical Radiologic Technology Board of Examiners (MRTBE). Duties relate to regulating, inspecting, and licensing the use, storage and sources of radiation statewide. See related histories for ARRA and MRTBE, elsewhere in this collection of state agency histories.

 

Governor Ducey declared a state of emergency in June 2017 regarding the opioid overdose epidemic and authorized the Department of Emergency and Military Affairs to coordinate state assets. In addition, the Governor authorized ADHS to: coordinate a public health emergency response; take specific steps to address the issue; and produce a report of findings and recommendations by September 5, 2017.

A legislative special session, called in January 2018, established responsibilities for several agencies. Among other requirements, certain provisions of Laws 2018, First Special Session, Chapter 1 outlined ADHS responsibilities related to substance abuse treatment, pain management clinics, and reporting requirements. The measure also created the Substance Abuse Disorder Services Fund and appropriated $400,600 from the fund in FY 2018 to ADHS for opioid abuse prevention efforts.

Laws 2018, Chapter 234 repealed the RRHB and the MRTBE and provided that hearings and appeals of ADHS decisions would be conducted by the Arizona Office of Administrative Hearings. The measure also authorized the ADHS Director to appoint an advisory committee to assist with duties related to the regulation of radiologic technologists.

Several measures were enacted in 2019 relating to ADHS:

  • Chapter 104 required an annual report on veteran suicides to be compiled by ADHS and directs the Department of Veterans Services to provide information.
  • Chapter 133 established state healthcare institution licensure requirements for intermediate care facilities that serve individuals with intellectual disabilities. The measure prohibits DHS from accepting any accreditation reports in lieu of licensure or inspection requirements.
  • Chapter 134 established a 24-hour reporting requirement for cases of abuse or neglect at residential facilities providing behavioral health services to children. DHS is required to adopt administrative rules for employees and personnel of those residential facilities.
  • Chapter 173 outlined responsibilities of the Independent Oversight Committee (IOC) related to treatment of seriously mentally ill patients at the Arizona State Hospital (ASH). Required ASH to provide specific information to the IOC. Note: See Department of Administration agency history in this collection for additional information on IOCs enacted in 2018.
  • Chapter 195 adds a section providing for temporary licensure of health professions. ADHS is the licensing agency for certain health professions including radiologic technologists; clinical laboratories; midwives; and hearing dispensers, audiologists and speech-language pathologists. The new section 32-3124.A states in part: “A health profession regulatory board in this state may issue a temporary license to allow an applicant who is not a licensee to practice…”. The section sets specific requirements and authorizes the adoption of rules to carry out the new provisions. The new section 32-3124.I states: “This section applies to a health profession regulatory board to the extent that this section does not conflict with the board’s current statutory authority relating to temporary licensure.”
  • Chapter 215 established the Health Care Professionals Workforce Data Repository within DHS and created the Workforce Data Repository Fund, administered by the DHS Director. The measure also formed the Health Care Professionals Workforce Data Repository Advisory Committee and outlined membership of the Committee.
  • Chapter 227 classifies the unauthorized practice of a health profession as a Class 5 felony. It requires regulatory boards to investigate complaints and authorizes them to issue cease and desist orders or refer complaints to the county attorney or attorney general for prosecution.
  • Chapter 316 required ADHS to adopt rules, in consultation with the Department of Education, to implement vision screening services for students. Each school is required to provide vision screening services to students based on criteria described in the measure.
  • Chapter 318 required ADHS to certify and regulate third-party laboratories that analyze marijuana cultivated for medical use; outlined related DHS responsibilities; and required ADHS to establish a Medical Marijuana Testing Advisory Council. The measure outlined Council membership and duties, and contains two legislative intent clauses.

Laws 2020, Chapter 4, the mental health omnibus measure also known as Jake’s Law, outlined responsibilities for several agencies relating to programs for mental health or substance abuse disorders. The measure required DHS to adopt administrative rules to address: admission and discharge protocols for patients who have attempted suicide; information regarding crisis services and care after discharge; how to challenge adverse decisions by a health care insurer or health plan; and conducting suicide assessments prior to discharge. The measure also established the 24-member Suicide Mortality Review Team within DHS and prescribed its duties.

A second measure enacted in 2020 appropriated $5 million from the budget stabilization fund to the Public Health Emergencies Fund to cover expenses related to the COVID-19 state of emergency. DHS is required to notify the Joint Legislative Budget Committee of intended use of the monies prior to expenditures. See Laws 2020, Chapter 6.

A third measure enacted in 2020 expanded and modified fingerprint clearance card requirements for persons with access to vital records systems and for employees who inspect childcare or vulnerable adult facilities. The measure also included provisions related to DES and DPS. See Laws 2020, Chapter 86.

Several measures were adopted in 2021 relating to ADHS:

  • Chapter 282 outlines certification requirements and scope of practice for doulas. Creates the Doula Community Advisory Committee, specifies committee membership and prescribes its duties.
  • Chapter 320 requires ADHS to develop a three-year pilot program for state licensed hospitals to deliver acute care in-home services by September 1, 2021. Reports are due December 1, 2021 and June 30, 2022. Note: These provisions were amended in 2022 to allow acute care in-home services to include mobile paramedics, to allow services to be provided virtually or in person, and to clarify that the repeal date for the program is January 1, 2025. See Laws 2022, Chapter 140.
  • Chapter 402 expands the information required to be included in the Arizona State Hospital (ASH) annual financial and programmatic report; requires ADHS and ADOA to issue a request for information for a surveillance system for ASH; and establishes the Joint Legislative Psychiatric Hospital Review Council to review specific issues relating to inpatient psychiatric treatment.

Several measures relating to marijuana were enacted in 2021:

  • Chapter 386 requires ADHS to conduct proficiency testing and remediate problems with independent, third-party laboratories and marijuana testing facilities.
  • Chapter 387 authorizes ADHS to inspect a medical marijuana dispensary.
  • Chapter 394 outlines ADHS responsibilities for developing packaging, labeling and tracking requirements for marijuana and marijuana products.
  • Chapter 398 provides grant funding to research the correlation between marijuana use and mental illness. Also requires a warning label for marijuana packaging.
  • Chapter 419 establishes a grant program for marijuana clinical trials to evaluate the safety and efficacy of using marijuana and to research the impacts of interactions between marijuana and other drugs.
  • Chapter 439 outlines requirements for testing medical marijuana products for contamination; modifies membership and duties of the Medical Marijuana Testing Advisory Council and prohibits relationships between testing facilities and a marijuana business entity or company.

Several measures were adopted in 2022 relating to ADHS:

  • Chapter 140 modified the acute care in-home services pilot program enacted in 2021.
  • Chapter 249 established the Trauma Recovery Center Fund to provide grants to treatment centers that provide resources, treatments and recovery services to trauma victims and survivors of violent crimes.
  • Chapter 305 requires AHCCCS and the Department of Health Services to enter into a data sharing agreement for vital records information necessary to compile an annual report relating to individuals living with serious mental illness.
  • Chapter 314 establishes the Behavioral Health Care Provider Loan Repayment Program for the purpose of repaying portions of educational loans taken out by behavioral health care providers.
  • Chapter 330 establishes several grant programs to address the state’s healthcare workforce shortage. Two programs are administered by ADHS. First, the Arizona Nurse Education Investment Pilot Program is established to increase the capacity of nursing education programs. Second, subject to available monies, the Department is required to establish the Preceptor Grant Program for graduate students pursuing degrees as physicians, nurses, physician assistants or dentists. Three other programs are administered by AHCCCS. The programs expire January 1, 2027.
  • Chapter 359 requires the Arizona State Hospital (ASH) to develop a clinical improvement and human resources development plan. The measure also expands membership and duties of the Joint Legislative Psychiatric Hospital Review Council (established by Laws 2021, Chapter 402) and delays the due dates for Council reports by one year, until December 31, 2022 and 2023.
  • Chapter 381 modifies Department responsibilities relating to ambulance response times, determinations, appeals, hearings, and judicial review. Note: Laws 2023, Chapter 165 further amended the 2022 measure relating to staffing for ambulance services.

Several measures were adopted in 2023 relating to ADHS:

  • Chapter 39 requires ADHS to annually verify that each hospital is following federal hospital price transparency regulations. Beginning January 1, 2025, and each year thereafter, the Department is required to post on its website the name of any hospital found to be non-compliant and has been assessed a civil monetary penalty by the Centers for Medicare and Medicaid Services.
  • Chapter 56 establishes the Drug Overdose Fatality Review Team within ADHS, outlines the team’s duties, access to information, and confidentiality requirements. The measure is repealed on January 1, 2029.
  • Chapter 90 extended the repeal date of the Acute Care Pilot Program from January 1, 2025, to January 1, 2027. See notes for Laws 2021, Chapter 320 and Laws 2022, Chapter 140 (above).
  • Chapter 94 establishes licensure requirements for behavioral-supported group homes operated in Arizona that are under contract with the Department of Economic Security. Requires ADHS and DES to adopt administrative rules that address behavioral and integrated treatment plans and minimum qualifications for clinical professionals and direct care staff. The measure becomes effective July 1, 2024.
  • Chapter 158 requires each health profession regulatory board to report all revocations of licenses and certifications during the past five years to ADHS. The Department is required, by July 1, 2024, to create a searchable online database on its website containing specified information regarding revocations of licenses and certifications.
  • Chapter 165 further amended Laws 2022, Chapter 381. See note in previous entry.
  • Chapter 194 transferred the authority, powers, duties, and responsibilities of the State Board of Funeral Directors and Embalmers to ADHS and established a seven-member advisory committee, appointed by the Governor, to assist the ADHS Director with duties associated with funeral services. The measure became effective on April 1, 2023.

Several measures were adopted in 2024 relating to ADHS:

  • Chapter 18 outlines ADHS responsibilities regarding cottage food products prepared in the kitchen of a private home for commercial purposes.
  • Chapter 20 requires ADHS to conduct joint training sessions for skilled nursing providers and assisted living providers.
  • Chapter 100 modifies ADHS responsibilities related to monitoring health care institutions, memory care service standards, employment requirements, enforcement, civil penalties, vulnerable adults, and rulemaking.
  • Chapter 104 modifies membership and reporting requirements relating to state and local Child Fatality Review Teams.
  • Chapter 133 further amended ADHS authority, powers and duties related to the funeral industry, including regulation, licensing and fees. The responsibilities had been transferred from the State Board of Funeral Directors and Embalmers to ADHS by Laws 2023, Chapter 194 (see entry above).
  • Chapter 159 requires ADHS, the Board of Examiners of Nursing Care Institution Administrators and Assisted Living Facility Managers, and the Arizona Health Care Cost Containment System to: 1) collaborate to update training standards, training programs and training program oversight for caregivers, assisted living facility managers and nursing care institution administrators; 2) form an advisory workgroup; and 3) recommend oversight by the appropriate entity including a date for implementation.

Several measures were adopted in 2025 related to ADHS:

  • Chapter 66 sets requirements for sober living homes. Sober living homes provide alcohol and drug-free housing for people in recovery from a substance abuse disorder. They must comply with all federal, state, and local laws and maintain documentation verifying compliance. Employees of sober living homes must have a valid fingerprint clearance card. ADHS responsibilities include a schedule of inspections, enforcement authority, and coordination with local political subdivisions. The Attorney General is authorized to file for an injunction against the license of a sober living home. A sober living home may request a hearing to contest a determination of ADHS. ADHS must submit an annual report by January 31 of each year to the Senate health and human services committee and the House of Representatives health committee regarding sober living homes, complaints received and the resulting investigations, and enforcement actions. 
  • Chapter 166 sets restrictions for advertising marijuana, marijuana products, and paraphernalia. Prohibits marijuana establishments, nonprofit medical marijuana dispensaries, and individuals or entities that sell marijuana paraphernalia from marketing to individuals under 21; advertising in public places or on social media unless the expected audience is at least 21 years old; and billboards within 1000 feet of parks, childcare centers, and substance abuse recovery facilities. Ads must include a conspicuous warning. Specifies enforcement and civil penalties.
  • Chapter 228 conforms Arizona law to federal law. It prohibits selling or providing a tobacco product to a person under 21 years of age. Prohibits a person under 21 years of age from purchasing or possessing a tobacco product. The measure includes exceptions for the practice of a religious belief, paraphernalia gifted to a person under 21 and not intended to be used, and active military personnel who are at least 18 years of age.
  • Chapter 231 declares the Legislature’s intent that patients have access to crystalline polymorph psilocybin if it is approved by the U.S. Food and Drug Administration  and rescheduled by the U.S. Drug Enforcement Administration. Conditioned on federal approval by January 1, 2031 as an approved prescription medication, the measure deems any FDA-approved pharmaceutical composition of crystalline polymorph psilocybin that is rescheduled by the DEA to a schedule other than schedule 1 as a controlled substance that may be prescribed in Arizona. Requires the Executive Director of the Arizona State Board of Pharmacy to notify legislative council in writing by February 1, 2031 whether the condition was met.
  • Chapter 260 tasks ADHS with licensing and regulating transitional housing facilities to provide temporary housing and basic necessities to individuals in transition from incarceration to independent living. ADHS must adopt rules that establish minimum standards for the licensure of transitional housing. The minimum standards require transitional housing facilities to adopt policies to promote the reentry of individuals into society after incarceration, to allow residents to continue their medication or medication-assisted treatment, to require residents to complete a housing agreement, and to designate an emergency contact. Transitional housing facilities must maintain safe housing and promote the safety of the surrounding neighborhood; comply with federal, state and local law; and require abstinence from alcohol and illicit drugs. ADHS must conduct inspections and may enforce penalties and suspend or revoke licenses. Transitional housing facilities have a duty to notify ADHS of the death of a resident, allegation of any sex-related crime committed at the transitional housing facility, and other incidents as required by ADHS rules.

Sources

  • Revised Statutes of Arizona – 1913 Civil Code, paragraph 4367
  • Arizona Revised Statutes §§36-101 et seq.
  • Arizona Administrative Code Title 9
  • Session Laws
    • Laws 1941, Chapter 105
    • Laws 1967, Chapters 2 and 105
    • Laws 1973, Chapter 158
    • Laws 1981, Fourth Special Session, Chapter 1
    • Laws 1984, Chapter 372
    • Laws 1986, Chapter 368
    • Laws 1995, Chapter 257
    • Laws 1996, Chapter 315
    • Laws 2000, Chapter 362
    • Laws 2000, Fifth Special Session, Chapter 2
    • Laws 2011, Chapter 27 and Chapter 31
    • Laws 2015, Chapter 19
    • Laws 2016, Chapter 122
    • Laws 2017, Chapter 108, Chapter 122, Chapter 134, Chapter 234, Chapter 288, Chapter 313
    • Laws 2018, Chapter 234
    • Laws 2018, First Special Session, Chapter 1
    • Laws 2019, Chapter 104, Chapter 133, Chapter 134, Chapter 173, Chapter, 195, Chapter 215, Chapter 227, Chapter 316, and Chapter 318
    • Laws 2020, Chapter 4, Chapter 6, and Chapter 86
    • Laws 2021, Chapter 282, Chapter 320, Chapter 386, Chapter 387, Chapter 394, Chapter 398, Chapter 402, Chapter 419, and Chapter 439
    • Laws 2022, Chapter 140, Chapter 249, Chapter 305, Chapter 314, Chapter 330, Chapter 359, and Chapter 381
    • Laws 2023, Chapter 39, Chapter 56, Chapter 90, Chapter 94, Chapter 158, Chapter 165, and Chapter 194
    • Laws 2024, Chapter 18, Chapter 20, Chapter 100, Chapter 104, Chapter 133 and Chapter 159
    • Laws 2025, Chapter 66, Chapter 166, Chapter 228, Chapter 231, Chapter 260

Arizona Department of Health Services website

Arizona Memory Project Arizona Department of Health Services agency collection

Governor Jack Williams Executive Orders issued in 1974: EO 74-2; EO 74-3; EO 74-4; EO 74-6

Governor Doug Ducey Executive Orders: EO 2017-04 and EO 2017-05.

Opioid Action Plan: Opioid Overdose Epidemic Response Report. September 2017.

Sunset review of the Arizona State Board of Funeral Directors and Embalmers, 2023, Arizona Auditor General Report 90-11

Sunset review, Department of Health Services, sunset factors, 2009

Arizona Department of Health Services annual reports

Related Collections at Arizona State Archives

  • RG 46 – Board of Funeral Directors and Embalmers, 1909-1984
  • RG 50 – Department of Health Services
  • RG 147 - Department of Environmental Quality
  • Manuscript Group 52 – Phoenix Pioneer Cemetery
  • Manuscript Group 69 – A. L. Moore Mortuary
  • Manuscript Group 70 – H. H. McClellan Mortuary