HB2353 - 522R

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

Section 1. Section 32-3103, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3103. Regulation of health professions; legislation; criteria

A. Regulation shall not be imposed on any unregulated health profession except for the exclusive purpose of protecting the public interest. All proposed legislation requests from applicant groups to regulate a health profession for the first time or to increase the scope of practice of a health profession shall include draft legislation language. All proposed legislation to regulate a health profession for the first time shall be reviewed according to the following criteria. A health profession shall be regulated by this state only if:

1. Unregulated practice can clearly harm or endanger the public health, safety or welfare and the potential for harm is easily recognizable and not remote or dependent on tenuous argument.

2. The public needs and can reasonably be expected to benefit from an assurance of initial and continuing professional ability.

3. The public cannot be effectively protected by other means in a more cost beneficial cost-beneficial manner.

B. After evaluating the criteria prescribed in subsection A of this section and considering governmental and societal costs and benefits, if the legislature finds that it is necessary to regulate a health profession not previously regulated by law, the least restrictive alternative method of regulation shall be implemented, consistent with the public interest and the following:

1. If existing common law and statutory civil actions and criminal prohibitions are not sufficient to eradicate existing harm, the regulation shall provide for stricter civil actions and criminal prohibitions.

2. If a service is being performed for individuals which that involves a hazard to the public health, safety or welfare, the regulation shall impose inspection requirements and enable an appropriate state agency to enforce violations by injunctive relief in court.

3. If the threat to the public health, safety or economic well‑being is relatively small as a result of the operation of the health profession, the regulation shall implement a system of registration.

4. If the consumer may have a substantial basis for relying on the services of a practitioner, the regulation shall implement a system of certification.

5. If it is apparent that adequate regulation cannot be achieved by means other than licensing, the regulation shall implement a system of licensing.END_STATUTE

Sec. 2. Section 32-3104, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3104. Applicant groups; written report

Applicant groups shall submit a written report explaining the factors prescribed in section 32‑3105, subsection A or section 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 report shall be valid only for legislation to be introduced in a legislative session that is held on or before December 31 of the following calendar year. 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. the legislative committee of reference shall provide a copy of this report to the secretary of state. 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.END_STATUTE

Sec. 3. Section 32-4401, Arizona Revised Statutes, is amended to read:

START_STATUTE32-4401. Regulation of nonhealth professions and occupations; legislation; criteria

A. A profession or occupation shall not be regulated except for the exclusive purpose of protecting the public interest. Except as provided in chapter 31 of this title, :

1. All proposed legislation to regulate a profession or occupation for the first time shall be reviewed according to the criteria prescribed in subsection B of this section.

2. All proposed legislation requests from applicant groups to regulate a profession or occupation for the first time shall include draft legislation language.

B. A profession or occupation shall be regulated by this state only if all of the following apply:

1. An unregulated practice can clearly harm or endanger the public health, safety or welfare.

2. The actual or anticipated public benefit of the regulation clearly exceeds the costs imposed on consumers, businesses and individuals.

3. The public needs and can reasonably be expected to benefit from an assurance of initial and continuing professional ability.

4. The public cannot be effectively protected by private certification or other alternatives.

C. After evaluating the criteria prescribed in subsection B of this section, the legislative committee of reference shall examine data from multiple sources and look for evidence of actual harm to the public related to the industry being considered for regulation. The evidence may include industry association data, federal, state and local government data, business reports, complaints to the respective state law enforcement or consumer affairs divisions or the better business bureau and data from reciprocal agencies in other states with and without similar laws and rules.

D. If the legislative committee of reference finds that it is necessary to regulate a profession or occupation not previously regulated by law, the regulation shall be in the least restrictive manner and shall not be imposed to protect a discrete interest group from economic competition.

E. The legislative committee of reference may hold hearings to evaluate the criteria and examine the data and evidence prescribed in subsections B and C of this section.

F. Notwithstanding any other law, an agency that issues new professional or occupational licenses, registrations or certificates shall not hinder the regulated industry through the delayed awarding of a license, registration or certificate. END_STATUTE

Sec. 4. Section 32-4402, Arizona Revised Statutes, is amended to read:

START_STATUTE32-4402. Applicant groups; nonhealth professions and occupations; written report

Applicant groups shall submit a written report explaining the factors prescribed in section 32‑4403, subsection A 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 report shall be valid only for legislation to be introduced in a legislative session that is held on or before December 31 of the following calendar year. 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 entity on or before December 1 of the year in which the report is submitted. The legislative committee of reference shall provide a copy of this report to the secretary of state. Legislative committees of reference may hold hearings as they deem necessary. END_STATUTE