Assigned to GOV FOR
COMMITTEE
Assigned to GOV FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
sunrise process; health professionals; modifications
Purpose
Modifies the sunrise review process and written reports submitted for the regulation of health professions.
Background
Currently, each standing committee of both legislative chambers is required to appoint a subcommittee of five members, no more than three of whom may be from the same political party. Jointly, the subcommittees constitute a committee of reference (COR) in their respective subject areas (A.R.S. § 41-2954).
Established by Laws 1985, Chapter 352 and expanded by Laws 2008, Chapter 132, the sunrise review process allows both health professions and nonhealth professions to request regulation and expansion in scope of practice for health professions.
Statute prohibits the regulation of unregulated health professions except to protect the public health and safety. If the Legislature determines that it is necessary to regulate a health profession not previously regulated by law, the least restrictive method of regulation must be implemented (A.R.S. § 32-3103).
To initiate the sunrise process, an applicant must submit a written report to the President of the Senate (President) and the Speaker of the House of Representatives (Speaker) by September 1 addressing statutorily prescribed factors. These include: 1) a definition of the problem and why regulation is necessary; 2) the efforts made to address the problem; 3) the alternatives considered; 4) the public benefit if regulation is granted; 5) the extent to which regulation might harm the public; 6) the maintenance of standards; 7) a description of the group proposed for regulation; and 8) the expected costs of regulation (A.R.S. § 32-3105).
Applicants for increased scope of practice must explain the following factors: 1) a definition of the problem and why a change in scope of practice is necessary; 2) the extent to which the public can be confident that qualified practitioners are competent; 3) the extent to which an increase in the scope of practice may harm the public; and 4) the cost to the state and the general public of implementing the proposed increase scope of practice (A.R.S. § 32-3106).
A COR reviews reports by health professional groups proposing new regulations or increased scope of practice, holds hearings if necessary and issues reports of the COR's final recommendations to the Governor, President and Speaker on or before December 1 (A.R.S. § 32-3104).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires health professional groups to submit a written report before the legislative session begins, instead of by September 1.
2. Allows the House of Representatives and the Senate to set an earlier report deadline by rule.
3. Stipulates the appropriate legislative committees, instead of a COR, must consider the written report in connection with any legislation to license a health professional or expand the scope of a health profession.
4. Allows the House Health Committee and the Senate Health and Human Services Committee, or their successor committees, to conduct hearings on the written report before the legislative session begins.
5. Eliminates the requirement for health professional groups to define the problem in their written reports requesting regulation or an increased scope of practice.
6. Modifies the factors addressed in a written report for an increased scope of practice as follows:
a) why a change in scope of practice is beneficial, instead of necessary;
b) removes reference to public confidence in the competency of qualified practitioners including evidence of regulatory board adequacy and quality assurance standards;
c) removes the extent that increased regulation may harm the public; and
d) removes the cost of regulation for the state and general public.
7. Adds the following factors in a written report for an increased scope of practice concerning:
a) whether the practice is taught in accredited professional schools, in postgraduate training programs or in continuing education programs;
b) whether the practice is tested on national board examinations for professional licensure applicants;
c) the relevant health professional licensure laws in other states; and
d) any recommendations from the applicable licensing board, and professional degree and training programs in the state.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
Prepared by Senate Research
February 5, 2018
JO/lat