PREFILED JAN 08 2015
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REFERENCE TITLE: health professionals; sunrise process |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SB 1023 |
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Introduced by Senator Ableser
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AN ACT
Amending sections 32-3101, 32-3102 and 32-3104, Arizona Revised Statutes; repealing section 32-3106, Arizona Revised Statutes; relating to health professions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-3101, Arizona Revised Statutes, is amended to read:
32-3101. Definitions
In this chapter, unless the context otherwise requires:
1. "Applicant group" means any health professional group or organization, any individual or any other interested party that proposes that any health professional group not presently regulated be regulated or that proposes to increase the scope of practice of a health profession.
2. "Certification" means a voluntary process by which a regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by that regulatory entity and who may assume or use the word "certified" in a title or designation to perform prescribed health professional tasks.
3. "Grandfather clause" means a provision applicable to practitioners actively engaged in the regulated health profession before the effective date of a law that exempts the practitioners from meeting the prerequisite qualifications set forth in the law to perform prescribed occupational tasks.
4. "Health professions" means professions regulated pursuant to chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 28, 29, 33, 34, 35, 39 or 41 of this title, title 36, chapter 6, article 7 or title 36, chapter 17.
5. "Increase the scope of practice" means to engage in conduct beyond the authority granted to a health profession by law.
6. 5. "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the practitioners' occupation is being carried out in a fashion consistent with the public health, safety and welfare.
7. 6. "Legislative committees of reference" means joint subcommittees composed of the members of the appropriate standing committees of the house of representatives and senate appointed pursuant to section 41‑2954.
8. 7. "Licensure" or "license" means an individual, nontransferable authorization to carry on a health activity that would otherwise be unlawful in this state in the absence of the permission, and that is based on qualifications that include graduation from an accredited or approved program and acceptable performance on a qualifying examination or a series of examinations.
9. 8. "Practitioner" means an individual who has achieved knowledge and skill by practice and who is actively engaged in a specified health profession.
10. 9. "Public member" means an individual who is not and never has been a member or spouse of a member of the health profession being regulated and who does not have and never has had a material financial interest in either the rendering of the health professional service being regulated or an activity directly related to the profession being regulated.
11. 10. "Registration" means the formal notification that, before rendering services, a practitioner shall submit to a state agency setting forth the name and address of the practitioner, the location, nature and operation of the health activity to be practiced and, if required by a regulatory entity, a description of the service to be provided.
12. 11. "Regulatory entity" means any board, commission, agency or department of this state that regulates one or more health professions in this state.
13. 12. "State agency" means any department, board, commission or agency of this state.
Sec. 2. Section 32-3102, Arizona Revised Statutes, is amended to read:
32-3102. Nonapplicability of chapter
This chapter does not:
1. Apply to any regulatory entity or increase in scope of practice legislatively enacted before the effective date of this chapter August 7, 1985, except as provided in this chapter.
2. Apply to or interfere in any way with the practice of religion or any kind of treatment by prayer.
3. Apply to any remedial or technical amendments to any legislation law.
Sec. 3. Section 32-3104, Arizona Revised Statutes, is amended to read:
32-3104. Applicant groups; written report
Applicant groups shall submit a written report explaining the factors prescribed in section 32‑3105 or 32‑3106 to the president of the senate and the speaker of the house of representatives. The report shall be submitted on or before September 1 before the start of the legislative session for which the legislation is proposed. The president of the senate or the speaker of the house of representatives shall assign the written report to the appropriate legislative committee of reference. The legislative committee of reference shall study the written report and deliver the report of its recommendations to the speaker of the house of representatives, the president of the senate, the governor and, if appropriate, the regulatory board of the health profession on or before December 1 of the year in which the report is submitted. Legislative committees of reference may hold hearings as they deem necessary. If a health professional group proposes to increase the scope of practice of its profession, copies of the written report shall be sent to the regulatory board of the health profession for review and comment. If applicable, the regulatory board of the health profession shall make recommendations based on the report submitted by applicant groups to the extent requested by the legislative committees of reference.
Sec. 4. Repeal
Section 32-3106, Arizona Revised Statutes, is repealed.