HB2111 - 501R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 32, chapter 8, article 1, Arizona Revised Statutes, is amended by adding section 32-908, to read:

START_STATUTE32-908. Fee increases; limitation; exceptions; definition

Notwithstanding any law to the contrary, the state board of chiropractic examiners shall not increase any category of fees collected pursuant to this chapter, more than once every two years unless the board determines that an increase in fees is necessary to avoid a threat to the public health or safety. For the purposes of this section, "threat to the public health or safety" means the existence of a condition, circumstance or practice that would cause death, serious illness or severe injury to persons or adversely affect the ability of the board to satisfactorily perform the duties as prescribed in sections 32-904 and 32-905. END_STATUTE

Sec. 2. Section 32-921, Arizona Revised Statutes, is amended to read:

START_STATUTE32-921. Application for license; qualifications of applicant; fee; background investigations

A. A person who wishes to practice chiropractic in this state shall submit a complete application to the board at least forty‑five days before the next scheduled examinations on a form and in the manner prescribed by the board.

B. To be eligible for an examination and licensure, the applicant shall:

1. Be a person of good character and reputation.

2. Be a graduate of a chiropractic college that both:

(a) Is accredited by or has status with the council on chiropractic education or is accredited by an accrediting agency recognized by the United States department of education or the council on postsecondary accreditation or has the equivalent of these standards as determined by the board.

(b) Teaches a resident course of four years of not less than nine months each year, or the equivalent of thirty‑six months of continuous study, and that comprises not less than four thousand credit hours of resident study required to receive a degree of doctor of chiropractic (D.C.).

3. Be physically and mentally able to practice chiropractic skillfully and safely.

4. Have a certificate of attainment for part I and part II and a score of three hundred seventy‑five or more on part III of the examination conducted by the national board of chiropractic examiners.

C. The board may refuse to give an examination or may deny licensure to an applicant who:

1. Fails to qualify for an examination or licensure under subsection B of this section.

2. Has had a license to practice chiropractic refused, revoked, suspended or restricted by a regulatory board in this or any other jurisdiction for any act that constitutes unprofessional conduct pursuant to this chapter.

3. Is currently under investigation by a regulatory board in this or any other jurisdiction for an act that constitutes unprofessional conduct pursuant to this chapter.

4. Has surrendered a license to practice chiropractic in lieu of disciplinary action by a regulatory board in this or any other jurisdiction for an act that constitutes unprofessional conduct pursuant to this chapter.

5. Has been convicted of criminal conduct that constitutes grounds for disciplinary action pursuant to section 32‑924 or board rules.

D. On making application, the applicant shall pay to the executive director of the board a nonrefundable fee of two hundred fifty dollars prescribed by the board by rule. The board shall keep a register of all applicants and the result of each examination.

E. In order to determine an applicant's eligibility for examination and licensure, the board may require the applicant to submit a full set of fingerprints to the board. The board shall submit the fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The board shall charge each applicant a fee that is necessary to cover the cost of the investigation. The board shall forward this fee to the department of public safety. END_STATUTE

Sec. 3. Section 32-922, Arizona Revised Statutes, is amended to read:

START_STATUTE32-922. Examinations; licensure

A. The examination for a license to practice chiropractic required of applicants shall be conducted at a time and place designated by the board at least semiannually. Each applicant to be examined shall first file a completed application found to be true and correct and shall be given at least twenty days' written notice of the time and place of the examination.

B. The examination shall be in English, practical in character and designed to include subjects that are necessary to ascertain the applicant's knowledge of and fitness to practice chiropractic safely and skillfully as authorized in this state. Examinations shall include material relating to chiropractors and Arizona jurisprudence and the following subjects as taught by accredited chiropractic colleges:

1. Anatomy.

2. Physiology.

3. Pathology.

4. Bacteriology.

5. Symptomatology.

6. Diagnosis, including physical, clinical, x‑ray and laboratory subjects.

7. Chiropractic orthopedics.

8. Principles of chiropractic and adjusting.

9. Neurology.

10. Chemistry, including biochemistry and nutrition.

11. Public health and hygiene.

12. Chiropractic spinal analysis.

C. The board may waive examination in those subjects that the applicant passed previously with the percentage of correct answers prescribed in subsection D of this section in an examination conducted by the national board of chiropractic examiners.

D. The board shall grant a license to an applicant who meets all of the following requirements:

1. Correctly answers at least seventy‑five per cent of all questions asked on the subjects identified in subsection B of this section or attains a board approved passing score on all questions asked on the subjects identified in subsection B of this section in an examination administered by a board approved testing facility.

2. Correctly answers at least seventy‑five per cent of the questions on jurisprudence.

3. Meets all other licensing requirements of this chapter.

4. Pays the original license fee of one hundred dollars prescribed by the board by rule.

E. An applicant who fails the examination for the first time may retake the examination within one year if the applicant submits an updated application that meets the requirements of section 32‑921.

F. An applicant shall reapply for licensure if the applicant does not pay the original license fee within one year after having been notified by the board that the applicant is eligible to receive a license. END_STATUTE

Sec. 4. Section 32-922.01, Arizona Revised Statutes, is amended to read:

START_STATUTE32-922.01. Reciprocity; requirements

A. The board shall issue a license to practice chiropractic under this section to an applicant who meets the following requirements:

1. Holds a current license to practice chiropractic issued after examination by a licensing board in another state or country in which, in the opinion of the board, the licensing requirements are at least substantially equivalent to those of this state and the other state or country grants similar reciprocal privileges to chiropractors licensed in this state.

2. Receives a grade of at least seventy‑five per cent on the Arizona jurisprudence examination.

3. Pays the original license fee of one hundred dollars prescribed by the board by rule.

B. The applicant shall pay the application fee prescribed by section 32‑921 and present proof satisfactory to the board that:

1. A license issued by any other state has not been sanctioned for any cause that is a basis of a sanction imposed by the board pursuant to this chapter, except for failure to pay fees.

2. The applicant has not previously failed to pass the examination in this state.

3. The applicant has been engaged in the practice of chiropractic continuously for not less than three of the five years immediately preceding the application. END_STATUTE

Sec. 5. Section 32-922.02, Arizona Revised Statutes, is amended to read:

START_STATUTE32-922.02. Specialties; certification; fees

A. In order to practice a chiropractic specialty a licensee shall be certified in that specialty by the board.

B. An applicant who wishes to be certified to perform acupuncture shall submit the following to the board:

1. Documentation of successful completion of a minimum of one hundred hours of study in acupuncture at an accredited chiropractic college or postgraduate study with an instructor on the active or postgraduate staff of an accredited chiropractic college.

2. A complete application as prescribed by the board.

3. Documentation of having passed a board approved acupuncture examination.

C. An applicant who wishes to be certified to perform physiotherapy shall submit the following to the board:

1. A complete application as prescribed by the board.

2. Documentation of successful completion of a minimum of one hundred twenty hours of study in physiotherapy at an accredited chiropractic college or postgraduate study with an instructor on the active or postgraduate staff of an accredited chiropractic college.

3. Documentation of having passed an examination in physiotherapy that is approved by the board.

D. The board shall issue a certificate to any applicant who meets the requirements of this section, who correctly answers at least seventy‑five per cent of all questions asked on the specialty examination and who pays a certificate fee of one hundred dollars prescribed by the board by rule.

E. On making application, the applicant shall pay to the executive director of the board a nonrefundable fee of one hundred dollars prescribed by the board by rule. The board shall keep a register of all applicants and the result of each examination. END_STATUTE

Sec. 6. Section 32-923, Arizona Revised Statutes, is amended to read:

START_STATUTE32-923. Change of address; annual renewal fee; failure to renew; waivers; reinstatement

A. Every person licensed pursuant to this chapter shall notify the board in writing of any change in residence or office address and telephone number within thirty days after that change. The board shall impose a penalty of fifty dollars on a licensee who does not notify the board as required by this subsection.

B. Except as provided in section 32‑4301, every person licensed to practice chiropractic in this state shall annually make a renewal application to the board before January 1 after original issuance of a license and shall pay a renewal license fee prescribed by the board of not more than one hundred seventy dollars by rule. The renewal application shall be made on a form and in a manner prescribed by the board. At least thirty days before the renewal application and renewal fee are due, the board shall send by first class mail a renewal application and notice requiring license renewal and payment of the renewal fee.

C. The board shall automatically suspend a license if the licensee does not submit a complete application for renewal and pay the renewal license fee as required by this section.

D. The board may reinstate a license if the person completes an application for reinstatement as prescribed by the board, complies with the continuing education requirements for each year that the license was suspended, pays the annual renewal license fee for each year that the license was suspended and pays an additional fee of one hundred dollars prescribed by the board by rule. An applicant who does not request reinstatement within two years of the date of suspension shall apply for a license as a new candidate pursuant to section 32‑921 or 32-922.01.

E. The board may waive the annual renewal license fee if a licensee presents evidence satisfactory to the board that the licensee has permanently retired from the practice of chiropractic and has paid all fees required by this chapter before the waiver.

F. During the period of waiver the retired licensee shall not engage in the practice of chiropractic. A violation of this subsection subjects the retired licensee to the same penalties as are imposed in this chapter on a person who practices chiropractic without a license.

G. The board may reinstate a retired licensee to active practice on payment of the annual renewal license fee and an additional late fee prescribed by the board by rule and presentation of evidence satisfactory to the board that the retired licensee is professionally able to engage in the practice of chiropractic and still possesses the professional knowledge required. After a hearing, the board may refuse to reinstate a retired licensee to active practice under this subsection on any of the grounds prescribed in section 32‑924.

H. An inactive licensee who applies for reinstatement of a license to active status shall pay a reinstatement fee prescribed by the board by rule in addition to any other applicable fee. END_STATUTE

Sec. 7. Exemption from rule making

To adopt fees as required by this act, the state board of chiropractic examiners is exempt from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act.

Sec. 8. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.