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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Courts and Civil Proceedings
Chapter : EVIDENCE
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12-2201 Persons who may be witnesses
A. Every person, including a party, may testify in any civil or criminal
proceeding, or before any person who has authority to receive evidence, except as
otherwise expressly provided by law.
B. A person shall not be incompetent to testify because he is a party to an action
or proceeding or interested in the issue tried, or because he has been indicted, accused
or convicted of a crime, or because of his religious opinions, or because he does not
have any religious belief.
12-2202 Persons who may not be witnesses
The following shall not be witnesses in a civil action:
1. Persons who are of unsound mind at the time they are called to testify.
2. Children under ten years of age who appear incapable of receiving just
impressions of the facts respecting which they are to testify, or of relating them truly.
12-2211 Attendance of witnesses; punishment for failure to appear or testify
A. A witness summoned in an action shall attend the court from day to day until
discharged by the court or, with the court's permission, by the party summoning him.
B. A witness summoned who fails to appear may be punished for contempt of court,
and a warrant for the arrest of such witness may be issued to compel his attendance.
C. A witness summoned or otherwise in attendance who refuses to testify may be
committed to the county jail until he consents to testify or until discharged as provided
by law.
D. No punishment for contempt shall be imposed upon a witness, nor shall a warrant
for his arrest be issued until it appears that the lawful fees have been paid or tendered
to the witness.
12-2212 Subpoena by public officer; contempt
A. When a public officer is authorized by law to take evidence, he may issue
subpoenas, compel attendance of witnesses and production of documentary evidence,
administer oaths to witnesses, and cause depositions to be taken, in like manner as in
civil actions in the superior court.
B. If a witness fails to appear at the time and place designated in the subpoena,
or fails to answer questions relating to the matter about which the officer is authorized
to take testimony, or fails to produce a document, the officer may, by affidavit setting
forth the facts, apply to the superior court of the county where the hearing is held, and
the court shall thereupon proceed as though such failure had occurred in an action
pending before it.
12-2213 Privilege from arrest; exceptions
A witness shall be privileged from arrest, except for treason, felony and breach of
the peace, during his attendance at court, and in going to and returning therefrom,
allowing one day for each twenty-five miles from his place of abode.
12-2214 Requirements for subpoena of media witnesses
A. A subpoena for the attendance of a witness or for production of documentary
evidence issued in a civil or criminal proceeding and directed to a person engaged in
gathering, reporting, writing, editing, publishing or broadcasting news to the public,
and which relates to matters within these news activities, shall have attached to it an
affidavit of a person with a direct interest in the matters sought which states all of
the following:
1. Each item of documentary and evidentiary information sought from the person
subpoenaed.
2. That the affiant or his representative has attempted to obtain each item of
information from all other available sources, specifying which items the affiant has been
unable to obtain.
3. The identity of the other sources from which the affiant or his representative
has attempted to obtain the information.
4. That the information sought is relevant and material to the affiant's cause of
action or defense.
5. That the information sought is not protected by any lawful privilege.
6. That the subpoena is not intended to interfere with the gathering, writing,
editing, publishing, broadcasting and disseminating of news to the public as protected by
the first amendment, Constitution of the United States, or by article II, section 6,
Constitution of ARIZONA.
B. A subpoena served on a person described in subsection A without the required
affidavit attached to it has no effect.
C. If the affidavit is controverted or a motion to quash the subpoena or for a
protective order is filed by the person subpoenaed, the command of the subpoena shall be
postponed until a hearing is held and an order is entered by the court. After the
hearing the command of the subpoena shall be carried out in accordance with the order of
the court.
D. This section does not apply to a subpoena for the attendance of a witness or the
production of documentary evidence issued by or on behalf of a grand jury or a magistrate
during an investigative criminal proceeding.
12-2221 Manner of administering oath or affirmation; persons authorized to administer
A. An oath or affirmation shall be administered in a manner which will best awaken
the conscience and impress the mind of the person taking the oath or affirmation, and it
shall be taken upon the penalty of perjury.
B. The oath or affirmation may be administered by any judge, clerk or deputy clerk
of any court of record, justice of the peace, notary public, referee or commissioner of a
court of record.
12-2222 Officers authorized to administer oaths
Every executive and judicial officer, clerk or deputy clerk of courts of record,
those clerks of a justice or municipal court as authorized by the court and all notaries
public may administer and certify oaths required to be administered or taken under any
law of this state. Other officers or deputies may administer oaths which pertain to the
duties of their office.
12-2223 Persons authorized to administer oath or affirmation within or without United States
A. An oath or affirmation when taken without this state, but within the United
States, may be taken before any judge, commissioner or clerk of a court of record having
a seal, master in chancery, notary public authorized to administer oaths and affirmations
by the law of the state wherein such oaths and affirmations may be taken. If the oath or
affirmation purports to have been taken before any such officer, and has his seal of
office affixed, such oath or affidavit may be used within this state as though taken
before a like officer within this state.
B. An oath or affirmation taken without the United States may be taken before any
ambassador, minister, charge d'affairs, consul, deputy consul, vice-consul or consular
agent of the United States resident and officiating as such in the country where taken,
or before any notary public of the country where taken whose official authority is
authenticated under the seal of any ambassador, minister, charge d'affairs, consul,
deputy consul, vice-consul or consular agent.
12-2231 Husband and wife; anti-marital fact
In a civil action a husband shall not be examined for or against his wife without
her consent, nor a wife for or against her husband without his consent, except as
provided in paragraphs 1 through 4 of section 12-2232.
12-2232 Husband and wife; privileged communications
A husband or wife shall not, during the marriage or afterward, without the consent
of the other, be examined as to any communications made by one to the other during the
marriage, except:
1. In an action for divorce or a civil action by one against the other.
2. In a criminal action or proceeding as provided in the criminal code.
3. In an action brought by the husband or wife against another person for the
alienation of the affections of either.
4. In an action for damages against another person for adultery committed by either
husband or wife.
12-2233 Clergyman or priest and penitent
In a civil action a clergyman or priest shall not, without the consent of the person
making a confession, be examined as to any confession made to him in his character as
clergyman or priest in the course of discipline enjoined by the church to which he
belongs.
12-2234 Attorney and client
A. In a civil action an attorney shall not, without the consent of his client, be
examined as to any communication made by the client to him, or his advice given thereon
in the course of professional employment. An attorney's paralegal, assistant, secretary,
stenographer or clerk shall not, without the consent of his employer, be examined
concerning any fact the knowledge of which was acquired in such capacity.
B. For purposes of subsection A, any communication is privileged between an
attorney for a corporation, governmental entity, partnership, business, association or
other similar entity or an employer and any employee, agent or member of the entity or
employer regarding acts or omissions of or information obtained from the employee, agent
or member if the communication is either:
1. For the purpose of providing legal advice to the entity or employer or to the
employee, agent or member.
2. For the purpose of obtaining information in order to provide legal advice to the
entity or employer or to the employee, agent or member.
C. The privilege defined in this section shall not be construed to allow the
employee to be relieved of a duty to disclose the facts solely because they have been
communicated to an attorney.
12-2235 Doctor and patient
In a civil action a physician or surgeon shall not, without the consent of his
patient, or the conservator or guardian of the patient, be examined as to any
communication made by his patient with reference to any physical or mental disease or
disorder or supposed physical or mental disease or disorder or as to any such knowledge
obtained by personal examination of the patient.
12-2236 Waiver of privilege as to attorney or doctor
A person who offers himself as a witness and voluntarily testifies with reference to
the communications referred to in sections 12-2234 and 12-2235 thereby consents to the
examination of such attorney, physician or surgeon.
12-2237 Reporter and informant
A person engaged in newspaper, radio, television or reportorial work, or connected
with or employed by a newspaper, radio or television station, shall not be compelled to
testify or disclose in a legal proceeding or trial or any proceeding whatever, or before
any jury, inquisitorial body or commission, or before a committee of the legislature, or
elsewhere, the source of information procured or obtained by him for publication in a
newspaper or for broadcasting over a radio or television station with which he was
associated or by which he is employed.
12-2238 Mediation; privileged communications; exceptions; liability; definition
A. Before or after the filing of a complaint, mediation may occur pursuant to law,
a court order or a voluntary decision of the parties.
B. The mediation process is confidential. Communications made, materials created
for or used and acts occurring during a mediation are confidential and may not be
discovered or admitted into evidence unless:
1. All of the parties to the mediation agree to the disclosure.
2. The communication, material or act is relevant to a claim or defense made by a
party to the mediation against the mediator or the mediation program arising out of a
breach of a legal obligation owed by the mediator to the party.
3. The disclosure is required by statute.
4. The disclosure is necessary to enforce an agreement to mediate.
C. Except pursuant to subsection B, paragraph 2, 3 or 4, a mediator is not subject
to service of process or a subpoena to produce evidence or to testify regarding any
evidence or occurrence relating to the mediation proceedings. Evidence that exists
independently of the mediation even if the evidence is used in connection with the
mediation is subject to service of process or subpoena.
D. Notwithstanding subsection B, threatened or actual violence that occurs during a
mediation is not a privileged communication. The mediator may inform the parties that
threatened or actual violence is not privileged and may be disclosed.
E. A mediator is not subject to civil liability except for those acts or omissions
that involve intentional misconduct or reckless disregard of a substantial risk of a
significant injury to the rights of others.
F. For the purposes of this section, "mediation" means a process in which parties
who are involved in a dispute enter into one or more private settlement discussions
outside of a formal court proceeding with a neutral third party to try to resolve the
dispute.
12-2239 Domestic violence victim advocate; privilege; training; exception; definition
A. In a civil action, a domestic violence victim advocate shall not be examined as
to any communication made by the domestic violence victim to the domestic violence victim
advocate.
B. This section does not apply to a civil action brought pursuant to title 36,
chapter 37, relating to the civil commitment of sexually violent persons.
C. Unless the domestic violence shelter or service provider has immunity under
other provisions of law, the communication is not privileged if the victim advocate knows
or should have known that the victim will give or has given perjurious statements or
statements that would tend to disprove the existence of domestic violence.
D. The domestic violence victim advocate-victim privilege does not extend to cases
in which the domestic violence victim advocate has a duty to report nonaccidental
injuries and physical neglect of minors as required by section 13-3620.
E. A party to an action may make a motion for disclosure of privileged information
under this section and, if the court finds reasonable cause, the court shall hold a
hearing in camera as to whether the privilege should apply.
F. To qualify for the privilege prescribed in this section, a domestic violence
victim advocate must have at least thirty hours of training in assisting victims of
domestic violence. A portion of this training must include an explanation of privileged
communication and the reporting requirements prescribed in section 13-3620.
G. A domestic violence victim advocate who is a volunteer shall perform all
activities under qualified supervision.
H. The training prescribed in subsection F may be provided by the shelter or
service provider or by an outside agency that issues a certificate of completion. The
records custodian of the shelter or service provider must maintain the training
documents.
I. For the purposes of this section, "domestic violence victim advocate" means a
person who is an employee or volunteer at a domestic violence shelter or service provider
for victims of domestic violence and who meets the training requirements of this section.
12-2251 Limitations on testimony in actions by or against personal representatives, administrators, guardians or conservators
In an action by or against personal representatives, administrators, guardians or
conservators in which judgment may be given for or against them as such, neither party
shall be allowed to testify against the other as to any transaction with or statement by
the testator, intestate or ward unless called to testify thereto by the opposite party,
or required to testify thereto by the court. The provisions of this section shall extend
to and include all actions by or against the heirs, devisees, legatees or legal
representatives of a decedent arising out of any transaction with the decedent.
12-2261 Instruments which may be acknowledged; receipt of acknowledged instruments in evidence
Every written instrument, except promissory notes, bills of exchange, and the last
wills of deceased persons, may be acknowledged as deeds are required to be acknowledged,
and when so acknowledged shall be received in evidence without further proof of
execution.
12-2263 Admissibility in evidence of certified copies of documents on file with state and county officers
Certified copies, under the hands and official seals, if there are official seals,
by all state and county officers of all documents properly on file with such officers,
shall be received in evidence as the originals might be received.
12-2264 Evidentiary value of birth and death certificates
A birth, death or fetal death certificate is prima facie evidence of the facts
therein stated, but if an alleged father of a child is not the husband of the mother, the
certificate shall not be prima facie evidence of paternity if that fact is controverted
by the alleged father.
12-2265 Marriage certificate as prima facie evidence of marriage; other evidence competent to prove marriage
A certificate of marriage executed in accordance with the laws of this state or a
foreign state or country, or the record thereof, or a certified copy of such record shall
be prima facie evidence of the facts therein stated in any proceeding, civil or criminal,
in which the matter is in question. When the marriage is to be proved, evidence of the
admission of such fact by the adverse party, or evidence of general repute, or evidence
of cohabitation as married persons, or other evidence from which the fact may be
inferred, is competent.
12-2266 Certificate of purchase, location or receiver's receipt as prima facie evidence of right to possession
A certificate of purchase or a certificate of location or a duplicate receiver's
receipt for land situated in this state, issued or made pursuant to any law of the United
States or of this state, is prima facie evidence that the holder or assignee of such
certificate or receipt is the owner of and entitled to possession of the land described
therein as against every other person except the United States.
12-2291 Definitions
In this article, unless the context otherwise requires:
1. "Contractor" means an agency or service that duplicates medical records on
behalf of health care providers.
2. "Department" means the department of health services.
3. "Health care decision maker" means an individual who is authorized to make
health care treatment decisions for the patient, including a parent of a minor or an
individual who is authorized pursuant to section 8-514.05, title 14, chapter 5, article 2
or 3 or section 36-3221, 36-3231 or 36-3281.
4. "Health care provider" means:
(a) A person who is licensed pursuant to title 32 and who maintains medical
records.
(b) A health care institution as defined in section 36-401.
(c) An ambulance service as defined in section 36-2201.
(d) A health care services organization licensed pursuant to title 20, chapter 4,
article 9.
5. "Medical records" means all communications related to a patient's physical or
mental health or condition that are recorded in any form or medium and that are
maintained for purposes of patient diagnosis or treatment, including medical records that
are prepared by a health care provider or by other providers. Medical records do not
include materials that are prepared in connection with utilization review, peer review or
quality assurance activities, including records that a health care provider prepares
pursuant to section 36-441, 36-445, 36-2402 or 36-2917. Medical records do not include
recorded telephone and radio calls to and from a publicly operated emergency dispatch
office relating to requests for emergency services or reports of suspected criminal
activity, but shall include communications that are recorded in any form or medium
between emergency medical personnel and medical personnel concerning the diagnosis or
treatment of a person.
6. "Payment records" means all communications related to payment for a patient's
health care that contain individually identifiable information.
7. "Source data" means information that is summarized, interpreted or reported in
the medical record, including x-rays and other diagnostic images.
12-2292 Confidentiality of medical records and payment records
A. Unless otherwise provided by law, all medical records and payment records, and
the information contained in medical records and payment records, are privileged and
confidential. A health care provider may only disclose that part or all of a patient's
medical records and payment records as authorized by state or federal law or written
authorization signed by the patient or the patient's health care decision maker.
B. This article does not limit the effect of any other federal or state law
governing the confidentiality of medical records and payment records. 12-2293 Release of medical records and payment records to patients and health care decision makers; definition
A. Except as provided in subsections B and C of this section, on the written
request of a patient or the patient's health care decision maker for access to or copies
of the patient's medical records and payment records, the health care provider in
possession of the record shall provide access to or copies of the records to the patient
or the patient's health care decision maker.
B. A health care provider may deny a request for access to or copies of medical
records or payment records if a health professional determines that either:
1. Access by the patient or the patient's health care decision maker is reasonably
likely to endanger the life or physical safety of the patient or another person.
2. The records make reference to a person other than a health professional and
access by the patient or the patient's health care decision maker is reasonably likely to
cause substantial harm to that other person.
3. Access by the patient's health care decision maker is reasonably likely to cause
substantial harm to the patient or another person.
4. Access by the patient or the patient's health care decision maker would reveal
information obtained under a promise of confidentiality with someone other than a health
professional and access would be reasonably likely to reveal the source of the
information.
C. A health care provider may deny a request for access to or copies of medical
records or payment records if the health care provider determines that either:
1. The information was created or obtained in the course of clinical research and
the patient or the patient's health care decision maker agreed to the denial of access
when consenting to participate in the research and was informed that the right of access
will be reinstated on completion of the research.
2. A health care provider is a correctional institution or is acting under the
direction of a correctional institution and access by a patient who is an inmate in the
correctional institution would jeopardize the health, safety, security, custody or
rehabilitation of the patient or other inmates or the safety of any officer, employee or
other person at the correctional institution or of a person who is responsible for
transporting the inmate.
D. If the health care provider denies a request for access to or copies of the
medical records or payment records, the health care provider must note this determination
in the patient's records and provide to the patient or the patient's health care decision
maker a written explanation of the reason for the denial of access. The health care
provider must release the medical records or payment records information for which there
is not a basis to deny access under subsection B of this section.
E. For the purposes of this section, "health professional" has the same meaning
prescribed in section 32-3201. 12-2294.01 Release of medical records or payment records to third parties pursuant to subpoena
A. A subpoena seeking medical records or payment records shall be served on the
health care provider and any party to the proceedings at least ten days before the
production date on the subpoena.
B. A subpoena that seeks medical records or payments records must meet one of the
following requirements:
1. The subpoena is accompanied by a written authorization signed by the patient or
the patient's health care decision maker.
2. The subpoena is accompanied by a court or tribunal order that requires the
release of the records to the party seeking the records or that meets the requirements
for a qualified protective order under the health insurance portability and
accountability act privacy standards (42 Code of Federal Regulations section 164.512(e)).
3. The subpoena is a grand jury subpoena issued in a criminal investigation.
4. The subpoena is issued by a health profession regulatory board as defined in
section 32-3201.
5. The health care provider is required by another law to release the records to
the party seeking the records.
C. If a subpoena does not meet one of the requirements of subsection B of this
section, a health care provider shall not produce the medical records or payment records
to the party seeking the records, but may either file the records under seal pursuant to
subsection D of this section, object to production under subsection E of this section or
file a motion to quash or modify the subpoena under rule 45 of the ARIZONA rules of civil
procedure.
D. It is sufficient compliance with a subpoena issued in a court or tribunal
proceeding if a health care provider delivers the medical records or payment records
under seal as follows:
1. The health care provider may deliver by certified mail or in person a copy of
all the records described in the subpoena by the production date to the clerk of the
court or tribunal or if there is no clerk then to the court or tribunal, together with
the affidavit described in paragraph 4 of this subsection.
2. The health care provider shall separately enclose and seal a copy of the records
in an inner envelope or wrapper, with the title and number of the action, name of the
health care provider and date of the subpoena clearly inscribed on the copy of the
records. The health care provider shall enclose the sealed envelope or wrapper in an
outer envelope or wrapper that is sealed and directed to the clerk of the court or
tribunal or if there is no clerk then to the court or tribunal.
3. The copy of the records shall remain sealed and shall be opened only on order of
the court or tribunal conducting the proceeding.
4. The records shall be accompanied by the affidavit of the custodian or other
qualified witness, stating in substance each of the following:
(a) That the affiant is the duly authorized custodian of the records and has
authority to certify the records.
(b) That the copy is a true complete copy of the records described in the subpoena.
(c) If applicable, that the health care provider is subject to the confidentiality
requirements in 42 United States Code sections 290dd-3 and 290ee-3 and applicable
regulations and that those confidentiality requirements may apply to the requested
records. The affidavit shall request that the court make a determination, if required
under applicable federal law and regulations, as to the confidentiality of the records
submitted.
(d) If applicable, that the health care provider has none of the records described
or only part of the records described in the subpoena.
5. The copy of the records is admissible in evidence as provided under rule
902(11), ARIZONA rules of evidence. The affidavit is admissible as evidence of the
matters stated in the affidavit and the matters stated are presumed true. If more than
one person has knowledge of the facts, more than one affidavit may be made. The
presumption established by this paragraph is a presumption affecting the burden of
producing evidence.
E. If a subpoena does not meet one of the requirements of subsection B of this
section or if grounds for objection exist under rule 45 of the ARIZONA rules of civil
procedure, a health care provider may file with the court or tribunal an objection to the
inspection or copying of any or all of the records as follows:
1. On filing an objection, the health care provider shall send a copy of the
objection to the patient at the patient's last known address, to the patient's attorney
if known and to the party seeking the records, unless after reasonable inquiry the health
care provider cannot determine the last known address of the patient.
2. On filing the objection, the health care provider has no further obligation to
assert a state or federal privilege pertaining to the records or to appear or respond to
a motion to compel production of records, and may produce the records if ordered by a
court or tribunal. If an objection is filed, the patient or the patient's attorney is
responsible for asserting or waiving any state or federal privilege that pertains to the
records.
3. If an objection is filed, the party seeking production may request an order
compelling production of the records. If the court or tribunal issues an order compelling
production, a copy of the order shall be provided to the health care provider. On receipt
of the order, the health care provider shall produce the records.
4. If applicable, an objection shall state that the health care provider is subject
to the confidentiality requirements in 42 United States Code sections 290dd-3 and
290ee-3, shall state that the records may be subject to those confidentiality
requirements and shall request that the court make a determination, if required under
applicable federal law and regulations, on whether the submitted records are subject to
discovery.
F. If a party seeking medical records or payment records wishes to examine the
original records maintained by a health care provider, the health care provider may
permit the party to examine the original records if the subpoena meets one of the
requirements of subsection B of this section. The party seeking the records also may
petition a court or tribunal for an order directing the health care provider to allow the
party to examine the original records or to file the original records under seal with the
court or tribunal under subsection D of this section.
12-2294 Release of medical records and payment records to third parties
A. A health care provider shall disclose medical records or payment records, or the
information contained in medical records or payment records, without the patient's
written authorization as otherwise required by law or when ordered by a court or tribunal
of competent jurisdiction.
B. A health care provider may disclose medical records or payment records, or the
information contained in medical records or payment records, pursuant to written
authorization signed by the patient or the patient's health care decision maker.
C. A health care provider may disclose medical records or payment records or the
information contained in medical records or payment records without the written
authorization of the patient or the patient's health care decision maker as otherwise
authorized by state or federal law, including the health insurance portability and
accountability act privacy standards (45 Code of Federal Regulations part 160 and part
164, subpart E), or as follows:
1. To health care providers who are currently providing health care to the patient
for the purpose of diagnosis or treatment of the patient.
2. To health care providers who have previously provided treatment to the patient,
to the extent that the records pertain to the provided treatment.
3. To ambulance attendants as defined in section 36-2201 for the purpose of
providing care to or transferring the patient whose records are requested.
4. To a private agency that accredits health care providers and with whom the
health care provider has an agreement requiring the agency to protect the confidentiality
of patient information.
5. To a health profession regulatory board as defined in section 32-3201.
6. To health care providers for the purpose of conducting utilization review, peer
review and quality assurance pursuant to section 36-441, 36-445, 36-2402 or 36-2917.
7. To a person or entity that provides billing, claims management, medical data
processing, utilization review or other administrative services to the patient's health
care providers and with whom the health care provider has an agreement requiring the
person or entity to protect the confidentiality of patient information.
8. To the legal representative of a health care provider in possession of the
medical records or payment records for the purpose of securing legal advice.
9. To the patient's third party payor or the payor's contractor.
10. To the industrial commission of ARIZONA or parties to an industrial commission
claim pursuant to title 23, chapter 6.
D. A health care provider may disclose a deceased patient's medical records or
payment records or the information contained in medical records or payment records to the
patient's health care decision maker at the time of the patient's death. A health care
provider also may disclose a deceased patient's medical records or payment records or the
information contained in medical records or payment records to the personal
representative or administrator of the estate of a deceased patient, or if a personal
representative or administrator has not been appointed, to the following persons in the
following order of priority, unless the deceased patient during the deceased patient's
lifetime or a person in a higher order of priority has notified the health care provider
in writing that the deceased patient opposed the release of the medical records or
payment records:
1. The deceased patient's spouse, unless the patient and the patient's spouse were
legally separated at the time of the patient's death.
2. The acting trustee of a trust created by the deceased patient either alone or
with the deceased patient's spouse if the trust was a revocable inter vivos trust during
the deceased patient's lifetime and the deceased patient was a beneficiary of the trust
during the deceased patient's lifetime.
3. An adult child of the deceased patient.
4. A parent of the deceased patient.
5. An adult brother or sister of the deceased patient.
6. A guardian or conservator of the deceased patient at the time of the patient's
death.
E. A person who receives medical records or payment records pursuant to this
section shall not disclose those records without the written authorization of the patient
or the patient's health care decision maker, unless otherwise authorized by law.
F. If a health care provider releases a patient's medical records or payment
records to a contractor for the purpose of duplicating or disclosing the records on
behalf of the health care provider, the contractor shall not disclose any part or all of
a patient's medical records or payment records in its custody except as provided in this
article. After duplicating or disclosing a patient's medical records or payment records
on behalf of a health care provider, a contractor must return the records to the health
care provider who released the medical records or payment records to the contractor. 12-2295 Charges
A. Except as otherwise provided by law, a health care provider or contractor may
charge a person who requests copies of medical records or payment records a reasonable
fee for the production of the records. Except as necessary for continuity of care, a
health care provider or contractor may require the payment of any fees in advance.
B. A health care provider or contractor shall not charge for the pertinent
information contained in medical records provided to:
1. Another health care provider for the purpose of providing continuing care to the
patient to whom the medical record pertains.
2. The patient to whom the medical record pertains for the demonstrated purpose of
obtaining health care.
3. The health care decision maker of the patient to whom the medical record
pertains for the demonstrated purpose of obtaining health care for the patient.
4. The ARIZONA medical board, the board of osteopathic examiners in medicine and
surgery or an officer of the department of health services or the local health department
requesting records pursuant to section 36-662. 12-2296 Immunity
A health care provider or contractor that acts in good faith under this article is
not liable for damages in any civil action for the disclosure of medical records or
payment records or information contained in medical records or payment records that is
made pursuant to this article or as otherwise provided by law. The health care provider
or contractor is presumed to have acted in good faith. The presumption may be rebutted by
clear and convincing evidence.
12-2297 Retention of records
A. Unless otherwise required by statute or by federal law, a health care provider
shall retain the original or copies of a patient's medical records as follows:
1. If the patient is an adult, for at least six years after the last date the adult
patient received medical or health care services from that provider.
2. If the patient is a child, either for at least three years after the child's
eighteenth birthday or for at least six years after the last date the child received
medical or health care services from that provider, whichever date occurs later.
3. Source data may be maintained separately from the medical record and must be
retained for six years from the date of collection of the source data.
B. When a health care provider retires or sells the provider's practice the
provider shall take reasonable measures to ensure that the provider's records are
retained pursuant to this section.
C. A person who is licensed pursuant to title 32 as an employee of a health care
provider is not responsible for storing or retaining medical records but shall compile
and record the records in the customary manner.
D. A nursing care institution as defined in section 36-401 shall retain patient
records for six years after the date of the patient's discharge. For a minor, the nursing
care institution shall retain the records for three years after the patient reaches
eighteen years of age or for six years after the date of the patient's discharge,
whichever date occurs last.
12-2301 Definitions
In this article, unless the context otherwise requires:
1. "Advance payment" means any money or other thing of value voluntarily paid or
provided before trial, as compensation or reimbursement for damages, to or for the
benefit of any person having or asserting a claim for damages for personal injuries or
for wrongful death or for damage or destruction of property against the person by whom or
on whose behalf such payment is made.
2. "Defendant" means any party defending against a claim asserted against him by
another party to an action.
3. "Plaintiff" means any party asserting a claim for damages against another party
to an action.
12-2302 Admissibility of evidence of advance payment
A. During trial of any action brought for damages for personal injuries or for
wrongful death or for damage or destruction of property, evidence of an advance payment
made by a defendant or any person acting on behalf of a defendant to or for the benefit
of any person having or asserting a claim for such damages against such defendant,
arising from the same event or occurrence out of which the claim, which is the subject of
such action arose, shall not be received in evidence.
B. If judgment is entered against a defendant by whom or on whose behalf an advance
payment has been made and in favor of a plaintiff to whom or for whose benefit an advance
payment has been made, such defendant shall be entitled to a reduction of the amount of
damages awarded to such plaintiff equal to the amount or value of such advance payments
as may be found by the court to have been made. However, in no event shall a person who
has made such advance payments be entitled to reimbursement for amount paid in excess of
the damages awarded to such plaintiff or in the event such plaintiff fails to recover
judgment in his favor.
C. An advance payment shall not operate to toll or extend the period of limitation
otherwise applicable to any such action.
12-2311 Definition of silent witness or crime stopper program
In this article, unless the context otherwise requires, "silent witness or crime
stopper program" means a program which meets each of the following requirements:
1. The purpose of the program is to obtain information on wanted persons, felony
crimes and other criminal activity.
2. The program forwards the information to the appropriate law enforcement agency.
3. The program expends program monies to provide rewards for information received
pursuant to the program.
4. The program allows the person submitting a report to remain anonymous.
5. The program operates in conjunction with a certified law enforcement agency or
county attorney's office.
12-2312 Admissibility of silent witness or crime stopper program records
A record of a communication between a person submitting a report of criminal
activity to a silent witness, crime stopper or operation game thief program administered
by a police department, sheriff's department, county attorney's office or the game and
fish department and the person who accepted the report on behalf of the silent witness
program is not a public record.
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