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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 1094 |
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AN ACT
amending sections 32-801, 32-823 and 32-855, Arizona Revised Statutes; relating to the board of podiatry examiners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-801, Arizona Revised Statutes, is amended to read:
32-801. Definitions
In this chapter, unless the context otherwise requires:
1. "Board" means the state board of podiatry examiners.
2. "Electrical treatment" means the use of using electricity in the diagnosis diagnosing or treatment of treating an ailment of the foot or leg by electrodes, lights, rays, vibrators or a machine run by electricity.
3. "Leg" means that part of the lower limb between the knee and the foot.
4. "Letter of concern" means an advisory letter to notify a podiatrist that while there is insufficient evidence to support a disciplinary action the board believes the podiatrist should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the board may result in action against the podiatrist's license.
5. "License" means a license to practice podiatry.
6. "Manipulative treatment" means the use of using the hand or machinery in treatment of treating the foot or leg.
7. "Mechanical treatment" means application of applying a mechanical appliance of whatever material to the foot or leg, or to the shoe or other footgear.
8. "Medical treatment" means the recommendation, prescription recommending, prescribing or local application of locally applying a therapeutic agent for relief of a foot or leg ailment.
9. "Podiatrist" is synonymous with podiatric physician and surgeon and means a person who, within the limitations limits of this chapter, is registered and licensed to practice podiatry by means of the diagnosis performing full body physical examinations within the profession's scope of practice and diagnosing or medical, surgical, mechanical, manipulative or electrical treatment of medically, surgically, mechanically, manipulatively or electrically treating ailments of the human foot and leg, but does not include amputation of amputating the leg or entire foot or administration of administering an anesthetic other than local.
10. "Podiatry" is synonymous with chiropody and means the diagnosis diagnosing or medical, surgical, mechanical, manipulative or electrical treatment of medically, surgically, mechanically, manipulatively or electrically treating ailments of the human foot and leg, but does not include amputation of amputating the leg or entire foot or administration of administering an anesthetic other than local.
11. "Surgical treatment" means the use of using a cutting instrument to treat an ailment of the foot or leg.
Sec. 2. Section 32-823, Arizona Revised Statutes, is amended to read:
32-823. Qualifications of applicant
A. An applicant shall prove to the board that the applicant:
1. Is of good moral character.
2. Is a graduate of an accredited podiatry school whose standards are recognized by the American podiatry medical association.
3. Has the physical and mental capability to engage safely in the practice of podiatry.
4. Has a professional record that indicates that the applicant has not committed any act or engaged in any conduct that would constitute grounds for disciplinary action against a licensee under this chapter if the applicant has previously engaged in the practice of podiatry.
5. Has a professional record that indicates that the applicant has not had a license to practice podiatry refused, revoked, suspended or restricted in any way by any other state, federal jurisdiction or country for reasons that relate to the ability to competently and safely practice podiatry if the applicant has previously engaged in the practice of podiatry.
6. Has passed a national board written examination.
B. The board may require the submission of an applicant to submit such credentials or other evidence, written and oral, and make such investigation may investigate as it deems necessary to adequately inform itself with respect to an the applicant's ability to meet the requirements prescribed by this section, including a requirement that the applicant for licensure undergo a physical examination, a mental evaluation or an oral competence examination and interview, or any combination thereof, as the board deems proper.
C. Beginning September 1, 2020, an applicant shall submit a full set of fingerprints to the board 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.
Sec. 3. Section 32-855, Arizona Revised Statutes, is amended to read:
32-855. Violations; classification; injunctive relief
A. A person is guilty of a class 2 misdemeanor 5 felony who:
1. Practices or advertises or holds himself out as practicing or entitled to practice podiatry, or who in a sign or advertisement uses the term "chiropodist", "foot specialist", "podiatrist", or "practapedist" or any other term or letter indicating or implying that he the person practices podiatry or foot correction, without having at the time a valid unrevoked license to practice podiatry.
2. Otherwise violates this chapter.
B. The superior court is vested with jurisdiction to restrain any actual or threatened violation of this chapter by an action filed by the board in the county where the cause of action arises.