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Senate Engrossed |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SENATE BILL 1073 |
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AN ACT
Amending sections 32‑4124, 32‑4128 and 32‑4154, 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 board of athletic training.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-4124, Arizona Revised Statutes, is amended to read:
32-4124. License renewal; changes of name or addresses
A. Except as provided in section 32-4301, a license issued pursuant to this chapter is subject to renewal each year and expires unless renewed.
B. The executive director shall send a renewal application reminder to each licensee at least sixty days before expiration of the license.
C. Each licensee is responsible for reporting to the board a name change and changes in business, and home and email addresses within thirty days after any change.
Sec. 2. Section 32-4128, Arizona Revised Statutes, is amended to read:
32-4128. Fingerprinting; requirement
A. An applicant for original licensure, license renewal, license reinstatement or temporary licensure pursuant to this chapter who has not previously done so must submit a full set of fingerprints to the board at the applicant's or licensee's expense for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
B. If the applicant or licensee has an unexpired clearance card issued by the department of public safety, the applicant or licensee may submit a copy of that document instead of submitting fingerprints.
C. Each applicant for license renewal or reinstatement shall submit a new set of fingerprints every five years after the initial fingerprint submission required in subsection A of this section.
D. On expiration of the clearance card issued by the department of public safety, an applicant must submit either a copy of the applicant's new clearance card or a set of fingerprints.
E. If the board does not have any evidence or reasonable suspicion that the applicant has a criminal history and the applicant otherwise satisfies the requirements of section 32-4122, the board may issue a license or a temporary license before it receives the results of a criminal records check.
F. The board shall suspend the license or temporary license of a person who submits an unreadable set of fingerprints and who does not submit a new readable set of fingerprints within twenty days after the board notifies the person of that fact.
A. Beginning January 1, 2021, an applicant for original licensure, license renewal, license reinstatement or temporary licensure shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
G. B. This section does not affect the board's authority to otherwise issue, deny, cancel, terminate, suspend or revoke a license or a temporary license.
Sec. 3. Section 32-4154, Arizona Revised Statutes, is amended to read:
32-4154. Investigative powers; emergency action; hearing officers
A. To enforce this chapter the board may:
1. Receive complaints filed against licensees and conduct a timely investigation.
2. Conduct an investigation at any time and on its own initiative without receipt of a written complaint if the board has reason to believe that there may be a violation of this chapter.
3. Issue subpoenas to compel the attendance of any witness or the production of any documentation relative to a case.
4. Take emergency action ordering the summary suspension of a license or the restriction of the licensee's practice pending proceedings by the board.
5. Appoint hearing officers authorized to conduct hearings. Hearing officers shall prepare and submit to the board findings of fact, conclusions of law and an order that shall be reviewed and voted on by the board.
6. 5. Require a licensee to be examined to determine the licensee's mental, physical or professional competence.
B. If the board finds that the information received in a complaint or an investigation is not of sufficient seriousness to merit direct action against the licensee, it may take either any of the following actions:
1. Dismiss the complaint if the board believes the information or complaint is without merit.
2. Forward a confidential advisory letter to the licensee.
3. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of practice standards for licensees, including current developments, skills, procedures or treatment interventions.
C. The board shall notify a licensee of a complaint and the nature of the complaint within ninety days after receiving the complaint.
D. Any person may submit a complaint regarding any licensee or other person potentially in violation of this chapter.
E. The board shall keep confidential all information relating to the receipt and investigation of complaints filed against licensees and others until the information becomes public record or as required by law.
Sec. 4. 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 board of athletic training 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 32‑2108.01.
(dd) Section 32‑2123.
(ee) Section 32‑2371.
(ff) Section 32‑3620.
(gg) Section 32‑3668.
(hh) Section 32‑3669.
(ii) Section 32‑4128.
(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. 5. Repeal
Section 41-619.51, Arizona Revised Statutes, as amended by Laws 2019, chapter 252, section 49, is repealed.
Sec. 6. 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 board of athletic training 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 32‑2108.01.
(cc) Section 32‑2123.
(dd) Section 32‑2371.
(ee) Section 32‑3620.
(ff) Section 32‑3668.
(gg) Section 32‑3669.
(hh) Section 32‑4128.
(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. 7. Repeal
Section 41-1758, Arizona Revised Statutes, as amended by Laws 2019, chapter 252, section 52, is repealed.
Sec. 8. 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, 32‑2108.01, 32‑2123, 32‑2371, 32‑3620, 32‑3668, 32‑3669, 32‑4128, 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. 9. Rulemaking; board of athletic training
The board of athletic training may adopt or modify any rules pursuant to title 41, chapter 6, Arizona Revised Statutes, that are necessary to carry out this act.
Sec. 10. Effective date
This act is effective from and after December 31, 2020.