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House Engrossed |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HOUSE BILL 2224 |
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AN ACT
Amending sections 32‑2063, 32‑2071.01, 32‑2073, 32‑2074, 32‑2091.02, 32‑2091.03, 32‑2091.06 and 32‑2091.07, Arizona Revised Statutes; amending section 41‑619.51, Arizona Revised Statutes, as amended by laws 2019, chapter 135, section 2; repealing section 41-619.51, Arizona Revised Statutes, as amended by laws 2019, chapter 252, section 49; amending section 41-1758, Arizona Revised Statutes, as amended by laws 2019, chapter 135, section 4; repealing section 41-1758, Arizona Revised Statutes, as amended by laws 2019, chapter 252, section 52; amending section 41‑1758.01, Arizona Revised Statutes; relating to the state board of psychologist examiners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-2063, Arizona Revised Statutes, is amended to read:
32-2063. Powers and duties
A. The board shall:
1. Administer and enforce this chapter and board rules.
2. Regulate disciplinary actions, the granting, denial, revocation, renewal and suspension of licenses and the rehabilitation of licensees pursuant to this chapter and board rules.
3. Prescribe the forms, content and manner of application for licensure and renewal of licensure and set deadlines for the receipt of materials required by the board.
4. Keep a record of all licensees, board actions taken on all applicants and licensees and the receipt and disbursal of monies.
5. Adopt an official seal for attestation of attesting licenses and other official papers and documents.
6. Investigate charges of violations of this chapter and board rules and orders.
7. Subject to title 41, chapter 4, article 4, employ an executive director who serves at the pleasure of the board.
8. Annually elect from among its membership a chairman, a vice‑chairman vice chairman and a secretary, who serve at the pleasure of the board.
9. Adopt rules pursuant to title 41, chapter 6 to carry out this chapter and to define unprofessional conduct.
10. Engage in a full exchange of information with other regulatory boards and psychological associations, national psychology organizations and the Arizona psychological association and its components.
11. By rule, adopt a code of ethics relating to the practice of psychology. The board shall base this code on the code of ethics adopted and published by the American psychological association. The board shall apply the code to all board enforcement policies and disciplinary case evaluations and development of licensing examinations.
12. Adopt rules regarding the use of telepractice on or before June 30, 2016.
13. Before the board takes action, receive and consider recommendations from the committee on behavior analysts on all matters relating to the licensing and regulation of regulating behavior analysts, as well as regulatory changes pertaining to the practice of behavior analysis, except in the case of a summary suspension of a license pursuant to section 32‑2091.09, subsection E.
14. Beginning January 1, 2021, require each applicant for an initial or temporary license or a license renewal pursuant to this chapter to have applied for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. If an applicant is issued a valid fingerprint clearance card, the applicant shall submit the valid fingerprint clearance card to the board with the completed application. If an applicant applies for a fingerprint clearance card and is denied, the applicant may request that the board consider the application for licensure notwithstanding the absence of a valid fingerprint clearance card. The board, in its discretion, may approve an application for licensure despite the denial of a valid fingerprint clearance card if the board determines that the applicant's criminal history information on which the denial is based does not alone disqualify the applicant from licensure.
B. Subject to title 41, chapter 4, article 4, the board may employ personnel it deems necessary to carry out this chapter. The board, in investigating violations of this chapter, may employ investigators who may be psychologists. The board or its executive director may take and hear evidence, administer oaths and affirmations and compel by subpoena the attendance of witnesses and the production of books, papers, records, documents and other information relating to the investigation or hearing.
C. Subject to section 35‑149, the board may accept, expend and account for gifts, grants, devises and other contributions, money monies or property from any public or private source, including the federal government. The board shall deposit, pursuant to sections 35‑146 and 35‑147, monies received pursuant to this subsection in special funds for the purpose specified, and monies in these funds are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
D. Compensation for all personnel shall be determined pursuant to section 38‑611.
Sec. 2. Section 32-2071.01, Arizona Revised Statutes, is amended to read:
32-2071.01. Requirements for licensure; remediation; credentials
A. An applicant for licensure shall demonstrate to the board's satisfaction that the applicant:
1. Has met the education and training qualifications for licensure prescribed in section 32‑2071 or subsection D of this section.
2. Has passed any examination or examinations required by section 32‑2072.
3. Has a professional record that indicates that the applicant has not committed any act or engaged in any conduct that constitutes grounds for disciplinary action against a licensee pursuant to this chapter.
4. Has not had a license or a certificate to practice psychology refused, revoked, suspended or restricted by a state, territory, district or country for reasons that relate to unprofessional conduct.
5. Has not voluntarily surrendered a license in another regulatory jurisdiction in the United States or Canada while under investigation for conduct that relates to unprofessional conduct.
6. Does not have a complaint, allegation or investigation pending before another regulatory jurisdiction in the United States or Canada that relates to unprofessional conduct.
7. Beginning January 1, 2021, has applied for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.
B. If the board finds that an applicant committed an act or engaged in conduct that would constitute grounds for disciplinary action in this state, or if the board or any jurisdiction has taken disciplinary action against an applicant, the board may issue a license if the board first determines to its satisfaction that the act or conduct has been corrected, monitored or resolved. If the act or conduct has not been resolved before issuing a license, the board must determine to its satisfaction that mitigating circumstances exist that prevent its resolution.
C. An applicant for licensure meets the requirements of section 32‑2071, subsection A, paragraphs 1, 2, 3, 4, 5, 6 and 8 if the applicant earned a doctoral degree from a program that was accredited by the American psychological association, office of program consultation and accreditation at the time of graduation.
D. An applicant for licensure who is licensed to practice psychology at the independent level in another licensing jurisdiction of the United States or Canada meets the requirements of subsection A, paragraph 1 of this section if the applicant meets any of the following requirements:
1. Holds a certificate of professional qualification in psychology in good standing issued by the association of state and provincial psychology boards or its successor.
2. Is currently credentialed by the national register of health service providers in psychology or its successor and submits evidence of having practiced psychology independently at the doctoral level for a minimum of five years.
3. Is a diplomate of the American board of professional psychology.
Sec. 3. Section 32-2073, Arizona Revised Statutes, is amended to read:
32-2073. Temporary licenses; inactive status; reinstatement to active status
A. If the board requires an additional examination, it may issue a temporary license to a psychologist licensed or certified under the laws of another jurisdiction, if the psychologist applies to the board for licensure and meets the educational, experience and first examination requirements of this article.
B. Beginning January 1, 2015, The board may issue a temporary license to an individual who submits an application for temporary licensure, and who is working under supervision for postdoctoral experience and who meets the requirements of section 32‑2071, subsections A, B, C and D, as applicable. The individual's postdoctoral experience must meet the requirements of section 32‑2071, subsection G. The applicant shall submit the written training plan for the supervised professional experience required in section 32‑2071, subsection G, paragraph 7 as part of the application for the temporary license.
C. A temporary license issued pursuant to subsection A of this section is effective from the date that the application is approved until the last day of the month in which the applicant receives the results of the additional examination as provided in section 32‑2072.
D. A temporary license issued pursuant to subsection A of this section shall not be extended, renewed, reissued or allowed to continue in effect beyond the period authorized by this section.
E. A temporary license issued pursuant to subsection B of this section is effective for thirty‑six months from after the date the application is approved and is subject to an initial license fee pursuant to section 32‑2067, subsection A, paragraph 4. A temporary license is not subject to renewal.
F. Denial of an application for licensure terminates a temporary license.
G. The board may place on inactive status and waive the license renewal fee requirements for a person who is temporarily or permanently unable to practice as a psychologist due to physical or mental incapacity or disability. An initial request for the waiver of renewal fees shall be accompanied by the renewal fee for an active license, which the board shall return if the waiver is granted. The board shall judge each request for the waiver of renewal fees on its own merits and may seek the verification it deems necessary to substantiate the facts of the situation. A psychologist who is retired is exempt from paying the renewal fee. A psychologist may request voluntary inactive status by submitting to the board an application on a form prescribed by the board and an affirmation that the psychologist shall not practice as a psychologist in this state for the duration of the voluntary inactive status and paying the required fee.
H. A psychologist who is on any form of inactive status shall renew the inactive status every two years by submitting a renewal form provided by the board and paying any applicable fee. A notice to renew is fully effective by mailing the renewal application to the licensee's last known address of record in the board's file. Notice is complete at the time of its deposit in the mail. A psychologist on inactive status due to physical or mental incapacity or disability or retirement shall use the term "inactive" to describe the person's status and shall not practice as a psychologist.
I. A psychologist on inactive status may request reinstatement of the license to active status by applying to the board. The board shall determine whether the person has been or is in violation of any provisions of this chapter and whether the person has maintained and updated the person's professional knowledge and capability to practice as a psychologist. The board may require the person to take or retake the licensure examinations and may require other knowledge or skill training experiences. If approved for active status, the person shall pay a renewal fee that equals the renewal fee for the license to be reinstated.
J. Beginning January 1, 2021, an applicant for a temporary license pursuant to this section shall have applied for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.
Sec. 4. Section 32-2074, Arizona Revised Statutes, is amended to read:
32-2074. Active license; issuance; renewal; expiration; continuing education; cancellation of active license
A. Beginning May 1, 2017, If the applicant satisfies all of the requirements for licensure pursuant to this chapter, the board shall issue an active license and shall prorate the fee for issuing that license for the period remaining until the last day of the birth month of the applicant of the next odd‑numbered year or even‑numbered year pursuant to subsection B, paragraph 1 or 2 of this section.
B. Except as provided in section 32‑4301, beginning May 1, 2017, a person holding an active or an inactive license shall apply to renew the license on or before the last day of the birth month of the licensee every other year as follows:
1. In each odd‑numbered year, if the licensee holds an odd‑numbered license.
2. In each even‑numbered year, if the licensee holds an even‑numbered license.
C. The application shall include any applicable renewal fee. Except as provided in section 32‑4301 or 41-1092.11, a license expires if the licensee fails to renew the license on or before the last day of the licensee's birth month of the licensee's renewal year pursuant to subsection B of this section. A licensee may reinstate an expired license by paying a reinstatement fee within two months after the last day of the licensee's birth month in that year. Beginning two months after the last day of the licensee's birth month during the licensee's renewal year until the last day of the licensee's birth month the following year, a licensee may reinstate the license by paying a reinstatement fee and providing proof of competency and qualifications to the board. This proof may include continuing education, an oral examination, a written examination or an interview with the board. A licensee whose license is not reinstated within a year after the last day of the licensee's birth month of the licensee's renewal year may reapply for licensure as prescribed by this chapter. A notice to renew is fully effective by mailing or electronically providing the notice to the licensee's last known address of record or last known e-mail email address of record in the board's file. Notice is complete at the time of deposit in the mail or when the e-mail email is sent.
D. A person renewing a license shall attach to the completed renewal form a report of disciplinary actions or restrictions placed against the license by another state licensing or disciplinary board or disciplinary actions or sanctions imposed by a state or national psychology ethics committee or health care institution. The report shall include the name and address of the sanctioning agency or health care institution, the nature of the action taken and a general statement of the charges leading to the action.
E. A person who renews an active license to practice psychology in this state shall satisfy a continuing education requirement designed to provide the necessary understanding of current developments, skills, procedures or treatment related to the practice of psychology in the amount and during the period the board prescribes. The board shall prescribe documentation requirements.
F. On request of an active licensee, the board may cancel the license if the licensee is not presently under investigation by the board and the board has not initiated any disciplinary proceeding against the licensee.
G. A person who applies for an initial RENEWAL of a license pursuant to this section on or after January 1, 2021 shall possess or have applied for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.
Sec. 5. Section 32-2091.02, Arizona Revised Statutes, is amended to read:
32-2091.02. Qualifications of applicant
Beginning January 1, 2011, A person who wishes to practice as a behavior analyst must be licensed pursuant to this article. An applicant for licensure must meet all of the following requirements:
1. Submit an application as prescribed by the board.
2. Be at least twenty‑one years of age.
3. Be of good moral character. The board's standard to determine good moral character shall not violate federal discrimination laws.
4. Pay all applicable fees prescribed by the board.
5. Have the physical and mental capability to safely and competently engage in the practice of behavior analysis.
6. Not have committed any act or engaged in any conduct that would constitute grounds for disciplinary action against a licensee pursuant to this article.
7. Not have had a professional license or certificate refused, revoked, suspended or restricted in any regulatory jurisdiction in the United States or in another country for reasons that relate to unprofessional conduct. If the board finds that the applicant committed an act or engaged in conduct that would constitute grounds for disciplinary action in this state, the board shall determine to its satisfaction that the conduct has been corrected, monitored and resolved. If the matter has not been resolved, the board shall determine to its satisfaction that mitigating circumstances exist that prevent its resolution.
8. Not have voluntarily surrendered a license or certificate in another regulatory jurisdiction in the United States or in another country while under investigation for reasons that relate to unprofessional conduct. If another jurisdiction has taken disciplinary action against an applicant, the board shall determine to its satisfaction that the cause for the action was corrected and the matter resolved. If the matter has not been resolved by that jurisdiction, the board shall determine to its satisfaction that mitigating circumstances exist that prevent its resolution.
9. Not have a complaint, allegation or investigation pending before another regulatory jurisdiction in the United States or another country that relates to unprofessional conduct. If an applicant has any such complaints, allegations or investigations pending, the board shall suspend the application process and may not issue or deny a license to the applicant until the complaint, allegation or investigation is resolved.
10. Beginning January 1, 2021, have applied for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.
Sec. 6. Section 32-2091.03, Arizona Revised Statutes, is amended to read:
32-2091.03. Educational and training standards for licensure
A. An applicant for licensure as a behavior analyst must meet standards adopted by the state board of psychologist examiners, including meeting graduate level education and supervised experience requirements and passing a national examination. The state board of psychologist examiners shall adopt standards consistent with the standards set by a nationally recognized behavior analyst certification board, except that:
1. The number of hours required for supervised experience must be at least one thousand five hundred hours of supervised work experience or independent fieldwork, university practicum or intensive university practicum.
2. If the experience was obtained in a state that licensed behavior analysts at the time of the supervised work experience, the supervisor must be licensed in the state where the behavior analysis trainee services were provided.
B. The standards adopted for supervised experience must also be consistent with the standards set by a nationally recognized behavior analyst certification board. If the state board of psychologist examiners does not agree with a standard set by a nationally recognized behavior analyst certification board, the state board may adopt an alternate standard.
Sec. 7. Section 32-2091.06, Arizona Revised Statutes, is amended to read:
32-2091.06. Temporary licenses; inactive status; reinstatement to active status
A. If the board requires an additional examination, it may issue a temporary license to a behavior analyst who is licensed or certified under the laws of another jurisdiction, if the behavior analyst applies to the board for licensure and meets the educational, experience and first examination requirements of this article.
B. A temporary license issued pursuant to this section is effective from the date the application is approved until the last day of the month in which the applicant receives the results of the additional examination.
C. The board shall not extend, renew or reissue a temporary license or allow it to continue in effect beyond the period authorized by this section.
D. The board's denial of an application for licensure terminates a temporary license.
E. The board may place on inactive status and waive the license renewal fee requirements for a person who is temporarily or permanently unable to practice as a behavior analyst due to physical or mental incapacity or disability. An initial request for the waiver of renewal fees shall be accompanied by the renewal fee for an active license, which the board shall return if the waiver is granted. The board shall judge each request for the waiver of renewal fees on its own merits and may seek the verification it deems necessary to substantiate the facts of the situation. A behavior analyst who is retired is exempt from paying the renewal fee. A behavior analyst may request voluntary inactive status by submitting to the board an application on a form prescribed by the board and an affirmation that the behavior analyst will not practice as a behavior analyst in this state for the duration of the voluntary inactive status and by paying the required fee as prescribed by the board by rule.
F. A behavior analyst who is on any form of inactive status shall renew the inactive status every two years by submitting a renewal form provided by the board and paying any applicable fee as prescribed by the board by rule. A notice to renew is fully effective by mailing the renewal application to the licensee's last known address of record in the board's file. Notice is complete at the time of its deposit in the mail. A behavior analyst who is on inactive status due to physical or mental incapacity or disability or retirement shall use the term "inactive" to describe the person's status and shall not practice as a behavior analyst.
G. A behavior analyst on inactive status may request reinstatement of the license to active status by applying to the board. The board shall determine whether the person has been or is in violation of any provisions of this article and whether the person has maintained and updated the person's professional knowledge and capability to practice as a behavior analyst. The board may require the person to take or retake the licensure examinations and may require other knowledge or skill training experiences. If approved for active status, the person shall pay a renewal fee that equals the renewal fee for the license to be reinstated.
H. Beginning January 1, 2021, an applicant for a temporary license pursuant to this section shall have applied for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.
Sec. 8. Section 32-2091.07, Arizona Revised Statutes, is amended to read:
32-2091.07. Active license; issuance; renewal; expiration; continuing education
A. Beginning May 1, 2017, If the applicant satisfies all of the requirements for licensure pursuant to this article, the board shall issue an active license and shall prorate the fee for issuing that license for the period remaining until the last day of the birth month of the applicant of the next odd‑numbered year or even‑numbered year pursuant to subsection B, paragraph 1 or 2 of this section.
B. Beginning May 1, 2017, A person holding an active or inactive license shall apply to renew the license on or before the last day of the birth month of the licensee every other year as follows:
1. In each odd‑numbered year, if the licensee holds an odd‑numbered license.
2. In each even‑numbered year, if the licensee holds an even‑numbered license.
C. The application shall include any applicable renewal fee as prescribed by the board by rule. Except as provided in section 32‑4301 or 41‑1092.11, a license expires if the licensee fails to renew the license on or before the last day of the licensee's birth month of the licensee's renewal year pursuant to subsection B of this section. A licensee may reinstate an expired license by paying a reinstatement fee as prescribed by the board by rule within two months after the last day of the licensee's birth month of that year. Beginning two months after the last day of the licensee's birth month during the licensee's renewal year until the last day of the licensee's birth month the following year, a licensee may reinstate the license by paying a reinstatement fee as prescribed by the board by rule and providing proof of competency and qualifications to the board. This proof may include continuing education, an oral examination, a written examination or an interview with the board. A licensee whose license is not reinstated within a year after the last day of the licensee's birth month of the licensee's renewal year may reapply for licensure as prescribed by this article. A notice to renew is fully effective by mailing or electronically providing the notice to the licensee's last known address of record or last known e-mail email address of record in the board's file. Notice is complete at the time of deposit in the mail or when the e-mail email is sent.
D. A person renewing a license shall attach to the completed renewal form a report of disciplinary actions or restrictions placed against the license by another state licensing or disciplinary board or disciplinary actions or sanctions imposed by a state or national behavior analysis ethics committee or health care institution. The report shall include the name and address of the sanctioning agency or health care institution, the nature of the action taken and a general statement of the charges leading to the action.
E. A person who renews an active license to practice behavior analysis in this state shall satisfy a continuing education requirement designed to provide the necessary understanding of current developments, skills, procedures or treatment related to the practice of behavior analysis in the amount and during the period the board prescribes. The board shall prescribe documentation requirements.
F. A person who applies for an initial RENEWAL of a license pursuant to this section on or after January 1, 2021 shall possess or have applied for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.
Sec. 9. Section 41-619.51, Arizona Revised Statutes, as amended by Laws 2019, chapter 135, section 2, is amended to read:
41-619.51. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, or the board of physical therapy, the state board of psychologist examiners or the state board of technical registration.
2. "Board" means the board of fingerprinting.
3. "Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41‑619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8‑804.
4. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present.
5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41‑619.55.
6. "Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following:
(a) Section 3‑314.
(b) Section 8‑105.
(c) Section 8‑322.
(d) Section 8‑463.
(e) Section 8‑509.
(f) Section 8‑802.
(g) Section 8‑804.
(h) Section 15‑183.
(i) Section 15‑503.
(j) Section 15‑512.
(k) Section 15‑534.
(l) Section 15‑763.01.
(m) Section 15‑782.02.
(n) Section 15‑1330.
(o) Section 15‑1881.
(p) Section 17‑215.
(q) Section 28‑3228.
(r) Section 28‑3413.
(s) Section 32-122.02.
(t) Section 32‑122.05.
(u) Section 32‑122.06.
(v) Section 32‑1232.
(w) Section 32‑1276.01.
(x) Section 32‑1284.
(y) Section 32‑1297.01.
(z) Section 32‑1904.
(aa) Section 32‑1941.
(bb) Section 32‑2022.
(cc) Section 32-2063.
(cc) (dd) Section 32‑2108.01.
(dd) (ee) Section 32‑2123.
(ee) (ff) Section 32‑2371.
(ff) (gg) Section 32‑3620.
(gg) (hh) Section 32‑3668.
(hh) (ii) Section 32‑3669.
(ii) (jj) Section 36‑207.
(jj) (kk) Section 36‑411.
(kk) (ll) Section 36‑425.03.
(ll) (mm) Section 36‑446.04.
(mm) (nn) Section 36‑594.01.
(nn) (oo) Section 36‑594.02.
(oo) (pp) Section 36‑882.
(pp) (qq) Section 36‑883.02.
(qq) (rr) Section 36‑897.01.
(rr) (ss) Section 36‑897.03.
(ss) (tt) Section 36‑3008.
(tt) (uu) Section 41‑619.53.
(uu) (vv) Section 41‑1964.
(vv) (ww) Section 41‑1967.01.
(ww) (xx) Section 41‑1968.
(xx) (yy) Section 41‑1969.
(yy) (zz) Section 41‑2814.
(zz) (aaa) Section 46‑141, subsection A or B.
(aaa) (bbb) Section 46‑321.
Sec. 10. Repeal
Section 41-619.51, Arizona Revised Statutes, as amended by Laws 2019, chapter 252, section 49, is repealed.
Sec. 11. Section 41-1758, Arizona Revised Statutes, as amended by Laws 2019, chapter 135, section 4, is amended to read:
41-1758. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, or the board of physical therapy, the state board of PSYCHOLOGIST examiners or the state board of technical registration.
2. "Division" means the fingerprinting division in the department of public safety.
3. "Electronic or internet-based fingerprinting services" means a secure system for digitizing applicant fingerprints and transmitting the applicant data and fingerprints of a person or entity submitting fingerprints to the department of public safety for any authorized purpose under this title. For the purposes of this paragraph, "secure system" means a system that complies with the information technology security policy approved by the department of public safety.
4. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41‑619.55.
5. "Person" means a person who is required to be fingerprinted pursuant to any of the following:
(a) Section 3‑314.
(b) Section 8‑105.
(c) Section 8‑322.
(d) Section 8‑463.
(e) Section 8‑509.
(f) Section 8‑802.
(g) Section 15‑183.
(h) Section 15‑503.
(i) Section 15‑512.
(j) Section 15‑534.
(k) Section 15‑763.01.
(l) Section 15‑782.02.
(m) Section 15‑1330.
(n) Section 15‑1881.
(o) Section 17‑215.
(p) Section 28‑3228.
(q) Section 28‑3413.
(r) Section 32-122.02.
(s) Section 32‑122.05.
(t) Section 32‑122.06.
(u) Section 32‑1232.
(v) Section 32‑1276.01.
(w) Section 32‑1284.
(x) Section 32‑1297.01.
(y) Section 32‑1904.
(z) Section 32‑1941.
(aa) Section 32‑2022.
(bb) Section 32-2063.
(bb) (cc) Section 32‑2108.01.
(cc) (dd) Section 32‑2123.
(dd) (ee) Section 32‑2371.
(ee) (ff) Section 32‑3620.
(ff) (gg) Section 32‑3668.
(gg) (hh) Section 32‑3669.
(hh) (ii) Section 36‑207.
(ii) (jj) Section 36‑411.
(jj) (kk) Section 36‑425.03.
(kk) (ll) Section 36‑446.04.
(ll) (mm) Section 36‑594.01.
(mm) (nn) Section 36‑594.02.
(nn) (oo) Section 36‑882.
(oo) (pp) Section 36‑883.02.
(pp) (qq) Section 36‑897.01.
(qq) (rr) Section 36‑897.03.
(rr) (ss) Section 36‑3008.
(ss) (tt) Section 41‑619.52.
(tt) (uu) Section 41‑619.53.
(uu) (vv) Section 41‑1964.
(vv) (ww) Section 41‑1967.01.
(ww) (xx) Section 41‑1968.
(xx) (yy) Section 41‑1969.
(yy) (zz) Section 41‑2814.
(zz) (aaa) Section 46‑141, subsection A or B.
(aaa) (bbb) Section 46‑321.
6. "Vulnerable adult" has the same meaning prescribed in section 13‑3623.
Sec. 12. Repeal
Section 41-1758, Arizona Revised Statutes, as amended by Laws 2019, chapter 252, section 52, is repealed.
Sec. 13. Section 41-1758.01, Arizona Revised Statutes, is amended to read:
41-1758.01. Fingerprinting division; powers and duties
A. The fingerprinting division is established in the department of public safety and shall:
1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 3‑314, 8‑105, 8‑322, 8‑463, 8‑509, 8‑802, 15‑183, 15‑503, 15‑512, 15‑534, 15‑763.01, 15‑782.02, 15‑1330, 15‑1881, 17‑215, 28‑3228, 28‑3413, 32-122.02, 32‑122.05, 32‑122.06, 32‑1232, 32‑1276.01, 32‑1284, 32‑1297.01, 32‑1904, 32‑1941, 32‑2022, 32‑2063, 32‑2108.01, 32‑2123, 32‑2371, 32‑3620, 32‑3668, 32‑3669, 36‑207, 36‑411, 36‑425.03, 36‑446.04, 36‑594.01, 36‑594.02, 36‑882, 36‑883.02, 36‑897.01, 36‑897.03, 36‑3008, 41‑619.52, 41‑619.53, 41‑1964, 41‑1967.01, 41‑1968, 41‑1969 and 41‑2814, section 46‑141, subsection A or B and section 46‑321.
2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card.
3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41‑619.53 and deposit, pursuant to sections 35‑146 and 35‑147, the monies collected in the board of fingerprinting fund.
4. Inform in writing each person who submits fingerprints for a fingerprint background check of the right to petition the board of fingerprinting for a good cause exception pursuant to section 41‑1758.03, 41‑1758.04 or 41‑1758.07.
5. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, inform the person in writing that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41‑1750 and Public Law 92‑544.
6. Notify the person in writing if the division suspends, revokes or places a driving restriction notation on a fingerprint clearance card pursuant to section 41‑1758.04. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction notation was based. This criminal history information is subject to dissemination restrictions pursuant to section 41‑1750 and Public Law 92‑544.
7. Administer and enforce this article.
B. The fingerprinting division may contract for electronic or internet‑based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15‑106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with:
1. All information privacy and security measures and submission standards established by the department of public safety.
2. The information technology security policy approved by the department of public safety.
Sec. 14. Licensure requirements; exemption; retroactivity
A. Beginning March 1, 2020 through September 1, 2022, the following licensure requirements for applicants prescribed in section 32‑2071, Arizona Revised Statutes, do not apply:
1. Two full‑time academic years of graduate study in a doctoral program completed at the institution from which the doctoral degree is granted.
2. A residency completed at the institution that awarded the applicant's doctoral degree.
B. This section applies retroactively to from and after February 29, 2020.