State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB 1086: health professions; temporary licensure

PRIME SPONSOR: Senator Brophy McGee, LD 28

BILL STATUS: Transmitted to Governor

                               

 

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteEstablishes the process and requirements for obtaining a temporary license under a health profession regulatory board (Board).

History

Statute currently allows the following entities to issue or create rules relating to temporary licenses and permits: 1) Arizona Medical Board; 2) Naturopathic Physicians Medical Board; 3) Board of Nursing; 4) Board of Osteopathic Examiners in Medicine and Surgery; 5) Board of Psychologist Examiners; 6) Veterinary Medical Examining Board; 7) Board of Behavioral Health Examiners; 8) Board of Athletic training; 9) Board of Massage Therapy; and 10) Board of Examiners of Nursing Care Institution Administrators and Assisted Living Facility Managers (A.R.S. §§ 32-1438, 32-1522.01, 32-1635, 32-1834, 32-2073, 32-2216, 32-3279, 32-4127, 32-4224 & 36-446.06). Additionally, the Department of Health Services is allowed to issue temporary licenses and certificates for radiologic technologists, hearing aid dispensers and audiology and speech pathologists (A.R.S. §§ 32-2814,  36-1926 & 36-1940.03).

Provisions

1.       Allows a Board to grant authority to their Executive Director to issue and approve licenses, certifications, registrations, preceptorships, reinstatements or waivers to an applicant or licensee who meets following requirements:

a.       Fulfills all requirements for the respective licensure, certification, registration, preceptorship, reinstatement or waivers;

b.       Has not had a license suspended or revoked by a Board in any jurisdiction;

c.        Is not currently under investigation by a Board in any jurisdiction;

d.       Has not surrendered a license in lieu of disciplinary action by a Board in any jurisdiction;

e.       Has not engaged in any criminal or civil conduct that could be considered unprofessional conduct; and

f.         Has no disciplinary action on a license issued by a Board in any jurisdiction. (Sec. 1)

2.       Allows a Board to issue a temporary health profession license to an applicant who is not a licensee if the applicant:

a.       Holds an active and unrestricted health profession license in a state, territory or possession of the U.S.;

b.       Has never had a health profession license revoked or suspended;

c.        Is not the subject of an unresolved complaint against the person's health profession license; and

d.       Has paid any applicable fees. (Sec. 1)

3.       Requires an applicant to:

a.       Submit a notarized affidavit to the respective Board attesting that the applicant meets the licensing requirements; and

b.       Notify the Board if any of the aforementioned circumstances change during the application period or while holding a temporary license, at which time the Board may suspend, deny or revoke the temporary license. (Sec. 1)

4.       Allows a Board to suspend, deny or revoke a temporary license and deny the application for initial licensure if the applicant misrepresented the attestation or any other portion of the application for temporary licensure. (Sec. 1)

5.       Requires a Board to approve or deny an application within 30 days of submission. (Sec. 1)

6.       Specifies that a temporary license expires either 30 days after it is granted or upon approval or denial of the applicant's license application, whichever occurs first. (Sec. 1)

7.       Requires an applicant to provide to the respective Board the name of each state, territory or possession of the U.S. in which the applicant is licensed or has held a license. (Sec. 1)

8.       Requires the Board to verify with the applicable regulatory board that an applicant holds an active and unrestricted license and has never had a license revoked or suspended or surrendered a license for disciplinary reasons. (Sec. 1)

9.       Allows the Board to receive confirmation of the aforementioned information verbally, in writing or through the regulatory board's website which must be followed by an electronic or hard copy of the required verification. (Sec. 1)

10.   Allows the Board to extend the time frame for approval or denial of a license by an additional 30 days if the Board is unable to verify the aforementioned information within the initial 30-day period. (Sec. 1)

11.   Prohibits a temporary license from being renewed. (Sec. 1)

12.   Prohibits a Board from issuing more than two temporary licenses to the same applicant within a consecutive 12-month period. (Sec. 1)

13.   Allows a Board to establish an application and fee in rule for temporary licensure. (Sec. 1)

14.   Allows a Board to adopt rules to carry out this Act. (Sec. 1)

15.   Specifies that this Act applies to a Board to the extent that it does not conflict with the Board's current statutory authority relating to temporary licensure. (Sec. 1)

16.   Defines health profession regulatory board and temporary license. (Sec. 1)

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20.   Fifty-fourth Legislature                       SB 1086

21.   First Regular Session                            Version 4: Transmitted

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