PREFILED JAN 03 2019
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REFERENCE TITLE: apprenticeships; licensure; licensing authorities |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2031 |
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Introduced by Representative Lawrence
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AN ACT
amending Title 41, chapter 6, Arizona Revised Statutes, by adding article 12; relating to licensing authorities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 6, Arizona Revised Statutes, is amended by adding article 12, to read:
ARTICLE 12. APPRENTICESHIPS
41-1094. Definitions
In this article, unless the context otherwise requires:
1. "Apprenticeship" means a program that both:
(a) meets the federal guidelines pursuant to 29 United States Code section 50 and 29 Code of Federal Regulations part 29.
(b) Complies with this article.
2. "Licensing authority" means a state agency that has the authority to impose training or education requirements or licensing fees on a person in order to engage in the practice of a profession.
3. "State agency" means a state board, agency or commission.
41-1094.01. Licensure; apprenticeship requirements; fees
A. Notwithstanding any other law and unless other cause for denial of the issuance of a license exists, a licensing authority shall grant a license to an applicant who:
1. Possesses a high school diploma or a general equivalency diploma.
2. Completes an apprenticeship that requires the applicant to learn the skills and knowledge relevant to the chosen profession under the direct supervision and instruction of a person who is duly licensed, registered or certified to practice in the applicant's chosen profession and who provides sufficient documentation to the licensing authority of completion of the apprenticeship.
3. Passes an examination required under law to become licensed, registered or certified to practice in the applicant's chosen profession.
4. Pays the fees required by the licensing authority for a license.
B. Each licensing authority may limit the amount of time or number of attempts following completion of an apprenticeship that an applicant has to pass any required examination. However, the amount of time or number of attempts to pass any required examination may not be more restrictive than any limit placed on any other person who is attempting to pass the examination after otherwise qualifying to take the examination.
C. If the applicable licensing authority does not require an examination of any other person applying to practice in that profession, an examination is not required for an applicant who completes an apprenticeship pursuant to this article.
D. Each licensing authority shall determine the duration of an apprenticeship for the profession that the licensing authority regulates. A licensing authority shall grant apprentice status to a person only once under this article.
E. Each licensing authority shall require that an apprentice register with the licensing authority, and the director of the licensing authority may establish fees for registration. An apprentice may engage in acts that require licensure by the licensing authority under the direct supervision and instruction of a professional who is licensed to practice in the applicant's chosen profession. However, the licensing authority may set limits on the apprentice's practice as are reasonably necessary to protect the health, safety and welfare of the public.
F. A licensing authority that establishes an apprenticeship program pursuant to this article shall adopt rules to implement this article.
G. This article does not require a licensing authority to establish an apprenticeship program. A licensing authority may refuse to issue an apprentice registration to any person for any reason, other than experience or education, that the licensing authority could deny issuance of a regular license in the apprentice's chosen profession.
41-1094.02. Applicability
This article does not apply to persons who are participating in an apprenticeship program in barbering pursuant to title 32, chapter 3.