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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
occupational licensing; reciprocity
Purpose
Establishes reciprocity for occupational and professional license or certificate holders, with exceptions.
Background
Statute regulates professions and occupations in Arizona. To practice or perform these regulated occupations, a person must meet certain requirements and apply to the designated board or agency for the appropriate license or certificate. The laws and rules regarding the application, renewal and expiration of each license vary, pursuant to statute and administrative rule. Typically, there are fees associated with the application and renewal of a license. Some licenses also require continuing education for license renewal purposes (A.R.S Title 32).
Current statute requires licenses or certificates issued pursuant to Title 32, Arizona Revised Statutes, to be issued without examination to the spouse of an active duty military member (military spouse) if that person holds a license or certificate in another state. The military spouse must: 1) be currently licensed in good standing in another state; 2) have been licensed or certified by another state for at least one year; 3) meet minimum education requirements, work experience and clinical supervisions requirements that were in place in another state; 4) have previously passed a required examination; 5) have not had a license or certificate revoked while under investigation for unprofessional conduct; 6) have not had discipline imposed by any other regulating entity; 7) not have a complaint, allegation or investigation pending; and 8) pay all applicable fees (A.R.S. § 32-4302).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires an occupational or professional license or certificate to be issued, in the discipline applied for and at the same practice level as determined by the regulating entity, to a person who establishes residence in Arizona.
2. Exempts, from out-of-state reciprocity, all of the following:
a) a license or registration certificate issued for private investigators and security guards;
b) requirements for a fingerprint clearance card;
c) criteria for a license, permit or certificate of eligibility established by an interstate compact; and
d) the ability of a regulating entity under Title 32, Arizona Revised Statutes, to require an applicant to submit fingerprints to access state and federal criminal records information for non-criminal-justice purposes.
3. Adds, to licensure requirements, a condition that the person does not have a disqualifying criminal history as determined by the regulating entity.
4. Subjects a person licensed pursuant to Title 32, Arizona Revised Statutes, to the laws regulating that person's practice in Arizona and to the regulating entity's jurisdiction.
5. Specifies that a reciprocal license or certificate is valid only in Arizona and does not make the license holder eligible to be part of an interstate compact.
6. Allows a regulating entity under Title 32, Arizona Revised Statutes, to determine eligibility for an applicant to be reciprocally licensed or certified if the applicant is not part of an interstate compact.
7. Removes the option for a regulating entity to require a military spouse who has been licensed or certified for fewer than five years to practice under the direct supervision of a licensee or certificate holder in the practice area in Arizona.
8. Allows a regulating entity that administers an examination on Arizona law as part of its license or certificate application requirement to require an applicant to take and pass an examination specific to Arizona law.
9. Makes technical and conforming changes.
10. Becomes effective on the general effective date.
House Action
RA 2/11/19 DP 4-3-0-0
3rd Read 2/25/19 36-24-0
Prepared by Senate Research
March 19, 2019
MG/gs