Chapter 0301 - 551R - S Ver of SB1284

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 32-801, Arizona Revised Statutes, is amended to read:

START_STATUTE32-801. 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. "Podiatric medical assistant" means an unlicensed person who has completed an education program approved by the board, who assists in a podiatric medical practice under the supervision of a podiatrist and who performs delegated procedures commensurate with the assistant's education and training but who does not diagnose, interpret, design or modify established treatment programs or perform any functions that would violate any statute applicable to the practice of podiatric medicine.

9. 10. "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. 11. "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. 12. "Surgical treatment" means the use of using a cutting instrument to treat an ailment of the foot or leg. END_STATUTE

Sec. 2. Section 32-823, Arizona Revised Statutes, is amended to read:

START_STATUTE32-823. 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, 2022, an applicant for initial 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.END_STATUTE

Sec. 3. Section 32-826, Arizona Revised Statutes, is amended to read:

START_STATUTE32-826. Issuance of license

A. The board shall issue a license to practice podiatry to every person who pays the required fee and furnishes satisfactory proof of successful completion of successfully completing a thirty-six-month residency program.

B. Each license shall be signed by the president and secretary of the board and bear the seal of the board.

C. The board shall deny a license to an applicant who satisfies all of the licensing requirements of this article if that applicant does not submit the license issuance fee within twelve months after the date of application. An applicant who fails to submit the fee within this time shall reapply for licensure pursuant to this article. END_STATUTE

Sec. 4. Section 32-830, Arizona Revised Statutes, is amended to read:

START_STATUTE32-830. Fees

A. The board shall establish and collect fees not to exceed:

1. For initial application for licensure, one thousand dollars which includes the initial registration to dispense drugs and devices, $1,000.

2. For application for a license pursuant to section 32-827 by a podiatrist from another state or country, five hundred dollars which includes the initial registration to dispense drugs and devices, $500.

3. For issuing a license, five hundred dollars $500.

4. For annual renewal of a license, five hundred dollars which includes the annual renewal of registration to dispense drugs and devices, $500.

5. For certifying a licensed podiatrist to authorities of another state or country, fifty dollars $50.

6. For late renewal of a license after July 30 through August 31, one hundred fifty dollars $150.

7. For initial registration to dispense drugs and devices, two hundred dollars.

8. For annual renewal of registration to dispense drugs and devices, one hundred dollars.

B. The board may establish and collect fees for the following:

1. Providing a duplicate wallet card.

2. Providing a duplicate wall certificate.

3. Copying records, documents, letters, minutes, applications, files and policy statements.

4. Providing a licensee list.

5. Providing audio files. END_STATUTE

Sec. 5. Section 32-854.01, Arizona Revised Statutes, is amended to read:

START_STATUTE32-854.01. Unprofessional conduct

Unprofessional conduct includes the following conduct, whether it occurs in this state or elsewhere:

1. Requesting, listing, accepting or receiving any rebate or commission for prescribing or recommending any footwear, drug, medicine, or other article to the licensee's patients.

2. Prescribing, dispensing or pretending to use, in treating any patient, any secret remedial agent, or manifesting or promoting its use in any way, or guaranteeing or implying to guarantee any treatment, therapy or remedy.

3. Representing that a disease or infirmity can be permanently cured, or that any disease, ailment or infirmity can be cured by a secret method, procedure, treatment, medicine or device, if this is not true.

4. Practicing podiatry under a trade name, under the name of another podiatrist, under any other name than that which appears on the practitioner's license, or under any title that misrepresents the practice of podiatry.

5. Advertising in a false, deceptive or misleading manner or advertising the quality of podiatric service.

6. Employing a solicitor to obtain business.

7. Fee splitting under any guise whatsoever.

8. Failing to report as required in section 32-852.01, subsection A.

9. Failing to obtain written informed consent from a patient before the licensee performs any surgical procedure on the patient.

10. Committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. In either case, conviction by any court of competent jurisdiction is conclusive evidence that the licensee committed the crime.

11. Failing or refusing to maintain adequate records on:

(a) A patient who is eighteen years of age or older for at least seven six years. or

(b) A patient who is under eighteen years of age for the later of either:

(i) Three years after the patient's eighteenth birthday.

(ii) Six years after the last date the patient received medical or health care services from the licensee.

12. Failing or refusing to make the a patient's records available to a physician or another podiatrist within twenty-one days after a request and the receipt of proper authorization.

12. 13. Habitual intemperance in the use of alcohol or habitual substance abuse.

13. 14. Using controlled substances or prescription-only drugs except if provided by a physician for use during a prescribed lawful course of treatment.

14. 15. Prescribing controlled substances to members of the podiatrist's immediate family.

15. 16. Providing any controlled substance or prescription-only drug for other than accepted therapeutic purposes.

16. 17. Dispensing a schedule II controlled substance that is an opioid.

17. 18. Committing gross malpractice, repeated malpractice or any malpractice resulting in the death of a patient.

18. 19. Refusing to divulge to the board on demand the means, method, procedure, modality of treatment or medicine used in the treatment of treating a disease, injury, ailment or infirmity.

19. 20. Violating any federal or state law applicable to the practice of podiatry.

20. 21. Having the licensee's license refused, revoked or suspended by any other licensing jurisdiction for inability to safely and skillfully practice podiatry or for unprofessional conduct as defined by that jurisdiction that directly or indirectly corresponds to any act of unprofessional conduct as prescribed by this section or any act under section 32-852.

21. 22. Committing any conduct or practice that is or might be harmful or dangerous to the health of the a patient.

22. 23. Violating any formal order, probation or stipulation issued by the board pursuant to this chapter.

23. 24. Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision of this chapter.

24. 25. Charging or collecting a clearly excessive fee. In determining the reasonableness of a fee, the fee customarily charged in the locality for similar services shall be considered in light of modifying factors, such as the time required, the complexity of the service and the skill requisite to perform the service properly. This paragraph does not apply if there is a clear written contract for a fixed fee between the podiatrist and the patient that has been entered into before the licensee provides the service.

25. 26. Obtaining a fee by fraud, deceit or misrepresentation.

26. 27. Charging a fee for services not rendered.

27. 28. Failing to dispense drugs and devices in compliance with article 4 of this chapter. END_STATUTE

Sec. 6. Section 32-855, Arizona Revised Statutes, is amended to read:

START_STATUTE32-855. 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. END_STATUTE

Sec. 7. Title 32, chapter 7, article 3, Arizona Revised Statutes, is amended by adding section 32-856, to read:

START_STATUTE32-856. Podiatric medical assistants; rules

A podiatric medical assistant may assist a podiatrist pursuant to rules adopted by the board. END_STATUTE

Sec. 8. Section 32-3430, Arizona Revised Statutes, is amended to read:

START_STATUTE32-3430. Fingerprinting; requirement

A. Each applicant for original licensure, license renewal, license reinstatement or a limited license pursuant to this chapter who has not previously done so shall 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 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 32-3423, the board may issue a license or a limited license before it receives the results of a criminal records check.

C. The board shall suspend a license or a limited license of a person who submits an unreadable set of fingerprints and does not submit a new readable set of fingerprints within twenty days after being notified by the board.

A. Beginning January 1, 2022, an applicant for original licensure, license renewal, license reinstatement or a limited license pursuant to this chapter shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.

D. B. This section does not affect the board's authority to otherwise issue, deny, cancel, terminate, suspend or revoke a license or a limited license. END_STATUTE

Sec. 9. Section 32-4124, Arizona Revised Statutes, is amended to read:

START_STATUTE32-4124. 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 expires.

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. END_STATUTE

Sec. 10. Section 32-4127, Arizona Revised Statutes, is amended to read:

START_STATUTE32-4127. Temporary licenses

A. The executive director may issue a temporary license to a person who meets all of the following requirements:

1. Submits a completed application.

2. Submits the application fee for licensure pursuant to this chapter.

3. Submits proof satisfactory to the board of current certification by a nationally recognized board of certification.

4. Submits Possesses a readable valid fingerprint clearance card pursuant to section 32-4128.

B. A temporary license:

1. Is valid for not more than ninety days.

2. Shall not be renewed.

3. Is void on the issuance or denial of an original license.

C. The board may revoke a temporary license for a violation of this chapter. The board shall hold a hearing at the request of a person whose temporary license is revoked by the board.

D. The board may adopt rules to carry out this section. END_STATUTE

Sec. 11. Section 32-4128, Arizona Revised Statutes, is amended to read:

START_STATUTE32-4128. 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, 2022, 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. END_STATUTE

Sec. 12. Section 32-4154, Arizona Revised Statutes, is amended to read:

START_STATUTE32-4154. Investigative powers; complaints; emergency action; confidentiality

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 who is 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. END_STATUTE

Sec. 13. Section 41-619.51, Arizona Revised Statutes, is amended to read:

START_STATUTE41-619.51. 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, the board of occupational therapy examiners, the state board of podiatry 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.

(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 32-823.

(v) (w) Section 32-1232.

(w) (x) Section 32-1276.01.

(x) (y) Section 32-1284.

(y) (z) Section 32-1297.01.

(z) (aa) Section 32-1904.

(aa) (bb) Section 32-1941.

(bb) (cc) Section 32-2022.

(cc) (dd) Section 32-2108.01.

(dd) (ee) Section 32-2123.

(ee) (ff) Section 32-2371.

(gg) Section 32-3430.

(ff) (hh) Section 32-3620.

(gg) (ii) Section 32-3668.

(hh) (jj) Section 32-3669.

(kk) Section 32-4128.

(ii) (ll) Section 36-113.

(jj) (mm) Section 36-207.

(kk) (nn) Section 36-411.

(ll) (oo) Section 36-425.03.

(mm) (pp) Section 36-446.04.

(nn) (qq) Section 36-594.01.

(oo) (rr) Section 36-594.02.

(pp) (ss) Section 36-882.

(qq) (tt) Section 36-883.02.

(rr) (uu) Section 36-897.01.

(ss) (vv) Section 36-897.03.

(tt) (ww) Section 36-3008.

(uu) (xx) Section 41-619.53.

(vv) (yy) Section 41-1964.

(ww) (zz) Section 41-1967.01.

(xx) (aaa) Section 41-1968.

(yy) (bbb) Section 41-1969.

(zz) (ccc) Section 41-2814.

(aaa) (ddd) Section 46-141, subsection A or B.

(bbb) (eee) Section 46-321.END_STATUTE

Sec. 14. Section 41-1758, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1758. 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, the board of occupation therapy examiners, the state board of podiatry 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.

(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 32-823.

(u) (v) Section 32-1232.

(v) (w) Section 32-1276.01.

(w) (x) Section 32-1284.

(x) (y) Section 32-1297.01.

(y) (z) Section 32-1904.

(z) (aa) Section 32-1941.

(aa) (bb) Section 32-2022.

(bb) (cc) Section 32-2108.01.

(cc) (dd) Section 32-2123.

(dd) (ee) Section 32-2371.

(ff) Section 32-3430.

(ee) (gg) Section 32-3620.

(ff) (hh) Section 32-3668.

(gg) (ii) Section 32-3669.

(jj) Section 32-4128.

(hh) (kk) Section 36-113.

(ii) (ll) Section 36-207.

(jj) (mm) Section 36-411.

(kk) (nn) Section 36-425.03.

(ll) (oo) Section 36-446.04.

(mm) (pp) Section 36-594.01.

(nn) (qq) Section 36-594.02.

(oo) (rr) Section 36-882.

(pp) (ss) Section 36-883.02.

(qq) (tt) Section 36-897.01.

(rr) (uu) Section 36-897.03.

(ss) (vv) Section 36-3008.

(tt) (ww) Section 41-619.52.

(uu) (xx) Section 41-619.53.

(vv) (yy) Section 41-1964.

(ww) (zz) Section 41-1967.01.

(xx) (aaa) Section 41-1968.

(yy) (bbb) Section 41-1969.

(zz) (ccc) Section 41-2814.

(aaa) (ddd) Section 46-141, subsection A or B.

(bbb) (eee) Section 46-321.

6. "Vulnerable adult" has the same meaning prescribed in section 13-3623. END_STATUTE

Sec. 15. Section 41-1758.01, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1758.01. 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, 32-823, 32-1232, 32-1276.01, 32-1284, 32-1297.01, 32-1904, 32-1941, 32-2022, 32-2108.01, 32-2123, 32-2371, 32-3430, 32-3620, 32-3668, 32-3669, 32-4128, 36-113, 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. END_STATUTE

Sec. 16. 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. 17. Effective date

Sections 32-3430, 32-4124, 32-4127, 32-4128, 32-4154, 41-619.51, 41-1758, and 41-1758.01, Arizona Revised Statutes, as amended by this act, and section 15 of this act are effective from and after December 31, 2021.