SB1037 - 501R

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

Section 1. Section 32-900, Arizona Revised Statutes, is amended to read:

START_STATUTE32-900. Definitions

In this chapter, unless the context otherwise requires:

1. "Advisory letter" means a nondisciplinary letter to notify a licensee that either:

(a) While there is insufficient evidence to support disciplinary action, the board believes that continuation of the activities that led to the investigation may result in further board action against the licensee.

(b) The violation is a minor or technical violation that is not of sufficient merit to warrant disciplinary action.

(c) The violation is a minor or technical violation, and while the licensee has demonstrated substantial compliance through rehabilitation or remediation that has mitigated the need for disciplinary action, the board believes that repetition of the activities that led to the investigation may result in further board action against the licensee.

1. 2. "Board" means the state board of chiropractic examiners.

2. 3. "Certification" means that a doctor of chiropractic has been certified by the board in a specialty of chiropractic as provided by law.

3. 4. "Chiropractic assistant" means an unlicensed person who has completed an educational training program approved by the board, who assists in basic health care duties in the practice of chiropractic under the supervision of a doctor of chiropractic and who performs delegated duties commensurate with the chiropractic assistant's education and training but who does not evaluate, interpret, design or modify established treatment programs of chiropractic care or violate any statute.

4. 5. "Doctor of chiropractic" means a natural person who holds a license to practice chiropractic pursuant to this chapter.

5. 6. "License" means a license to practice chiropractic.

6. 7. "Physical medicine modalities" means any physical agent applied to produce therapeutic change to biologic tissues, including thermal, acoustic, noninvasive light, mechanical or electric energy, hot or cold packs, ultrasound, galvanism, microwave, diathermy and electrical stimulation.

7. 8. "Therapeutic procedures" means the application of clinical skills and services, including therapeutic exercise, therapeutic activities, manual therapy techniques, massage and structural supports, to improve a patient's neuromusculoskeletal condition. 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. 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 32-926, Arizona Revised Statutes, is amended to read:

START_STATUTE32-926. Practice of chiropractic without license prohibited; exemptions

A. It is unlawful for a person to:

1. Practice chiropractic in this state without having first obtained a license as provided in this chapter.

2. Work as a chiropractic assistant except under the supervision of a doctor of chiropractic and pursuant to this chapter and rules adopted pursuant to this chapter.

3. Use the abbreviation "C.A." or the term "chiropractic assistant" unless the person is working under the supervision of a doctor of chiropractic pursuant to this chapter and rules adopted by the board.

4. Practice chiropractic in this state after the board places the person on inactive status pursuant to section 32‑933.

B. This chapter does not prevent:

1. A person who is licensed by another state, territory or district from meeting within this state in consultation with a person licensed pursuant to this chapter if that person does not open an office or appoint a place of meeting to receive patients in this state.

2. Any person from acting at the direction and under the supervision of a doctor of chiropractic licensed pursuant to this chapter if that person is acting in an assistant or technical capacity, is not in violation of this chapter and does not claim to be licensed to practice chiropractic.

3. Any chiropractic student from participating in a preceptorship training program approved by the board.

4. A doctor of chiropractic who holds a restricted permit from practicing chiropractic pursuant to section 32-932. END_STATUTE

Sec. 4. Section 32-931, Arizona Revised Statutes, is amended to read:

START_STATUTE32-931. Continuing education; requirements

A. The board by rule may require each licensee to complete up to twelve hours of continuing education each calendar year as a condition of licensure renewal.

B. Continuing education shall cover topics listed in section 32‑922, subsection B and section 32‑922.02 and shall be taught by a faculty member of a college or university that 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. Beginning July 1, 2012, the board shall adopt rules to prescribe the continuing education requirements.

C. Compliance with this section shall be documented at the times and in the manner as prescribed by the board in rule.

D. Failure of a person holding a license to practice chiropractic to comply with this section without adequate cause being shown is grounds for probation or suspension of the person's license.END_STATUTE

Sec. 5. Repeal

Section 32-932, Arizona Revised Statutes, is repealed.

Sec. 6. Section 32-933, Arizona Revised Statutes, is amended to read:

START_STATUTE32-933. Inactive license; restrictions; reinstatement to active license

A. On written request, the board shall place a licensee in good standing on inactive status. The request shall state that the licensee is not currently engaged in the practice of chiropractic in this state.

B. If an inactive licensee applies to the board for reinstatement to active licensure within twelve months two years after the date the board issues a notice of inactive status, the inactive licensee shall submit the full annual license renewal fee and prove to the board's satisfaction that the licensee has met the continuing education requirements of section 32‑931 and board rules relating to continuing education.

C. In addition to meeting the requirements of subsection B of this section, a licensee who has been on inactive status and who has not been actively engaged in the practice of chiropractic for more than two years must pass the national board of chiropractic examiners spec examination before reinstatement to active licensure.

D. A licensee who is on inactive status shall meet all of the requirements of section 32‑923.

E. The practice of chiropractic in this state during any time that a license is on inactive status is grounds for sanction of the licensee. END_STATUTE