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House Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HOUSE BILL 2256 |
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AN ACT
Amending sections 32‑802, 32‑805, 32‑806, 32‑822 and 32‑823, Arizona Revised Statutes; repealing sections 32‑824 and 32‑825, Arizona Revised Statutes; amending sections 32‑826, 32‑827, 32‑830 and 32‑852, Arizona Revised Statutes; relating to the state board of podiatry examiners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-802, Arizona Revised Statutes, is amended to read:
32-802. State board of podiatry examiners; compensation; employees; immunity
A. The state board of podiatry examiners is established consisting of five members who are appointed by the governor. Each member shall be appointed for a term of five years, to begin and end on February 1.
B. Before appointment by the governor, a prospective member of the board shall submit a full set of fingerprints to the governor 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.
C. Three members of the board shall have practiced podiatry continuously in this state for not less than two years immediately preceding appointment and shall have valid licenses to practice podiatry. Two members of the board shall be lay persons. All members of the board shall be citizens of the United States.
D. A vacancy on the board occurring other than by the expiration of a term shall be filled by appointment by the governor for the unexpired term.
E. All appointments shall be made promptly, and in the case of the vacancy of a professional member or members, appointment shall be made no later than ninety days from the expiration of the term or vacancy.
F. The term of any member, at the discretion of the board, may end and the office be declared vacant for the member's failure to attend three consecutive meetings of the board.
G. Members of the board shall receive compensation of fifty dollars for each day of actual service in the business of the board.
H. The state board of podiatry examiners may hire practicing podiatrists or other medical specialists, or both, as needed, in order to assist the board in giving examinations. Such examiners shall receive the same compensation as board members.
I. H. Subject to title 41, chapter 4, article 4, the board may employ personnel, including trained investigators, as it deems necessary to carry out the purposes of this chapter.
J. I. Members, and personnel and examiners of the board are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter.
Sec. 2. Section 32-805, Arizona Revised Statutes, is amended to read:
32-805. Secretary of board; duties
A. The secretary of the board shall receive compensation as determined pursuant to section 38‑611.
B. The secretary shall:
1. Have charge of receipt Receive and disbursement of funds disburse monies of the board.
2. Keep minutes of board meetings.
3. Keep a record of licenses issued, refused, suspended and revoked, and of applications and examinations for licensure.
4. Perform other duties the board prescribes.
Sec. 3. Section 32-806, Arizona Revised Statutes, is amended to read:
32-806. Podiatry fund
A. At the end of each calendar month, the board shall deposit, pursuant to sections 35‑146 and 35‑147, the secretary shall deposit ten per cent percent of all monies received by the board in the state general fund and deposit the remaining ninety per cent percent in the podiatry fund.
B. All monies deposited in the podiatry fund shall be are subject to the provisions of section 35‑143.01.
Sec. 4. Section 32-822, Arizona Revised Statutes, is amended to read:
32-822. Application for licensure
A. An applicant for a podiatry examination license shall file with the secretary of the State board of podiatry examiners, not less than ninety days before the date of such examination, an application to take the examination, that is accompanied by the required fee, on a form prescribed and furnished by the board. The application shall contain evidence of the applicant's necessary qualifications as the board requires and shall be signed and sworn to by the applicant.
B. An applicant for a license pursuant to section 32‑827 shall file with the secretary of the board, no later than ninety days before the date of the next oral and practical examination, an application for a license pursuant to section 32‑827, that is accompanied by the required fee, on a form prescribed and furnished by the board. The application shall contain evidence of the applicant's necessary qualifications as the board requires and shall be signed and sworn to by the applicant.
C. Each application submitted pursuant to this section shall contain the oath of the applicant that:
1. All of the information contained in the application and accompanying evidence or other credentials submitted is true and correct.
2. The credentials submitted with the application were procured without fraud or misrepresentation or any mistake of which the applicant is aware and that the applicant is the lawful holder of the credentials.
3. The applicant has read and understands the board's statutes and rules.
D. All applications, completed or otherwise, together with all attendant evidence, credentials and other proof submitted with the applications are the property of the board.
E. The board shall inform an applicant, promptly and in writing, inform an applicant of any deficiency existing in his the application for licensure under this article which that prevents the application from being processed.
F. An applicant who disagrees with the statement of deficiency board's denial of a license shall upon request be granted a hearing on request before the board at its next regular meeting. At any hearing granted pursuant to this subsection, the burden of proof is on the applicant to demonstrate that the alleged deficiencies that are the basis of the denial do not exist.
Sec. 5. Section 32-823, Arizona Revised Statutes, is amended to read:
32-823. Qualifications of applicant
A. An applicant, before being admitted to a podiatry examination, shall prove to the board that he the applicant:
1. Is of good moral character.
2. Is a graduate of an accredited podiatry school whose standards are recognized by the American podiatry medical association.
3. Has the physical and mental capability to engage safely in the practice of podiatry.
4. Has a professional record which that indicates that he the applicant has not committed any act or engaged in any conduct which that would constitute grounds for disciplinary action against a licensee under this chapter if he the applicant has previously engaged in the practice of podiatry.
5. Has a professional record which that indicates that he the applicant has not had a license to practice podiatry refused, revoked, suspended or restricted in any way by any other state, federal jurisdiction or country for reasons which that relate to his the ability to competently and safely practice podiatry if he the applicant has previously engaged in the practice of podiatry.
B. The board may require the submission of such credentials or other evidence, written and oral, and make such investigation as it deems necessary to adequately inform itself with respect to an applicant's ability to meet the requirements prescribed by this section, including a requirement that the applicant for licensure undergo a physical examination, a mental evaluation, or an oral competence examination and interview, or any combination thereof, as the board deems proper.
Sec. 6. Repeal
Sections 32-824 and 32-825, Arizona Revised Statutes, are repealed.
Sec. 7. Section 32-826, Arizona Revised Statutes, is amended to read:
32-826. Issuance of license
A. The board shall issue a license to practice podiatry to every person who receives a passing grade on the examination, pays the required fee and furnishes satisfactory proof of successful completion of a one‑year internship residency program.
B. Each license shall be signed by the president and secretary of the board and bear the seal of the board.
C. The board shall deny a license to an applicant who satisfies all of the licensing requirements of this article if that applicant does not submit the license issuance fee within twelve months after taking the examinations the date of application. An applicant who fails to submit the fee within this time is required to shall reapply for licensure pursuant to this article.
Sec. 8. Section 32-827, Arizona Revised Statutes, is amended to read:
32-827. Comity
Notwithstanding section 32‑825, The board may issue a license to an applicant upon oral examination if the applicant has passed a written examination for and has been licensed to practice podiatry in another state or country from which he the applicant applies, provided if:
1. The written examination of such other state or country was, in the opinion of the board, equivalent to the examination it used at the time the applicant passed such examination.
2. 1. The requirements in such the other state or country were, at the date of registration or licensing, were substantially equal to those then in force in this state.
3. 2. The applicant has lawfully practiced podiatry in the other state or country from which he applies for not less than at least five years within the seven years immediately preceding his the application for a license in this state.
4. 3. The applicant complies with all other requirements set forth in this chapter for a license.
Sec. 9. Section 32-830, Arizona Revised Statutes, is amended to read:
32-830. Fees
The board shall establish and collect fees not to exceed:
1. For taking licensing examinations initial application for licensure, one thousand dollars. An applicant shall submit this fee with the application for licensure.
2. For application for a license pursuant to section 32‑827 by a podiatrist from another state or country, five hundred dollars.
3. For issuing a license, five hundred dollars.
4. For annual renewal of a license, five hundred dollars.
5. For certifying a licensed podiatrist to authorities of another state or country, fifty dollars.
6. For late renewal of a license after July 30 through August 31, one hundred fifty dollars.
7. For initial registration to dispense drugs and devices, two hundred dollars.
8. For annual renewal of registration to dispense drugs and devices, one hundred dollars.
Sec. 10. Section 32-852, Arizona Revised Statutes, is amended to read:
32-852. Revocation or suspension of or refusal to issue license; civil penalty
A. The board, after notice and a hearing, may suspend, revoke or refuse to issue a license upon on proof against the applicant or licensee of any of the following:
1. That he the applicant or licensee wilfully revealed a privileged communication except as required by law. This paragraph is not deemed to does not prevent members of the board from the full and free exchange of information with licensing and disciplinary boards of other states or jurisdictions of the United States, with foreign countries or with any podiatry society of this state or any other state, county, district, territory or country.
2. That he the applicant or licensee knowingly made a false or fraudulent statement, written or oral, required for application, examination or licensing or in connection with the practice of podiatry.
3. That he the applicant or licensee had a professional association with or loaned the use of his the applicant's or licensee's name to an unlicensed podiatrist or an illegal practitioner of any of the healing arts.
4. That he the licensee violated a provision of section 32‑854.
5. That he the applicant or licensee is guilty of other conduct that disqualifies him the applicant or licensee to practice podiatry with regard to the safety and welfare of the public.
6. That he the licensee is guilty of unprofessional conduct as defined in section 32‑854.01.
B. The board may impose against a licensee determined by the board to be in violation of this section a civil penalty of not more than two thousand dollars. The board shall deposit, pursuant to sections 35‑146 and 35‑147, all monies it collects from civil penalties it imposes pursuant to this section in the state general fund.