ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

Senate: HHS DP 8-0-0-0 | 3rd Read 30-0-0-0

House: HHS DP 9-0-0-0


SB 1284: occupational licensing; licensure; fingerprinting

Sponsor:  Senator Pace, LD  25

Caucus & COW

Overview

Requires applicants for podiatry licensure, occupational therapist and occupational therapy assistant licensure and athletic training licensure to possess a valid fingerprint clearance card and modifies licensure and board requirements.

History

Podiatry means the diagnosis or medical, surgical, mechanical, manipulative or electrical treatment of ailments of the human foot and leg but does not include amputation of the leg or entire foot or administration of an anesthetic other than local. The Board of Podiatry Examiners (PODEX) licenses and regulates doctors of podiatric medicine who specialize in the diagnosis and treatment of the foot, ankle and lower leg and evaluates the professional competency of podiatrists seeking to be licensed in Arizona. PODEX must issue a license to practice podiatry to every person who pays the required fee and provides proof of successful completion of a residency program (A.R.S. §§ 32-801 and 32-826).

Occupational therapy is the use of therapeutic activities or modalities to promote engagement in activities with people who are limited by physical or cognitive injury or illness, psychosocial dysfunction, developmental or learning disabilities, sensory processing or modulation deficits or the aging process in order to achieve optimum functional performance, maximize independence, prevent disability and maintain health. The Arizona Board of Occupational Therapy Examiners (BODEX) regulates occupational therapy professions. BODEX issues and renews licenses, evaluates qualifications of applicants and prescribes examination requirements for licensure (A.R.S. §§ 32-3401 and 32-3404).

Athletic training is the prevention, recognition, examination, evaluation, rehabilitation and management of athletic injuries. Athletic training duties are performed under the direction of a licensed physician and for which the athletic trainer has received appropriate education and training as prescribed by the Board of Athletic Training (BAT). The Board of Athletic Training issues and renews licenses for the athletic training profession (A.R.S. §§ 32-4101 and 32-4103).

Provisions

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NotePodiatrists and Podiatric Medical Assistants

1.   Requires, beginning September 1, 2022, an applicant for initial licensure, license renewal, license reinstatement or temporary licensure for podiatry to possess a valid fingerprint clearance card. (Sec. 2)

2.   States PODEX must issue a license to practice podiatry to every person who pays the required fee and provides proof of successfully completing a 36-month residency program. (Sec. 3)

3.   States failing or refusing to maintain adequate records on the following constitutes an act of unprofessional conduct:

a)   A patient who is 18 years old for at least six years; and

b)   A patient who is under 18 years old for either three years after the patient's 18th birthday or six years after the last date the patient received medical or health care services, whichever is later. (Sec. 5)

4.   Makes it a class 5 felony, rather than a class 2 misdemeanor, for a person who:

a)   Practices or advertises or holds themselves out as practicing or entitled to practice podiatry without having a valid unrevoked license to practice podiatry; and

b)   Otherwise violates law regulating podiatry. (Sec. 6)

5.   Asserts a podiatric medical assistant can assist a podiatrist pursuant to PODEX-adopted rules. (Sec. 7)

PODEX

6.   States the initial registration fee to dispense drugs and devices includes:

a)   The initial application for licensure; and

b)   The application for a license by a podiatrist from another state or country. (Sec. 4)

7.   States the annual renewal of registration fee to dispense drugs and devices includes the annual renewal of a license. (Sec. 4)

8.   Permits the Board to establish and collect fees:

a)   Providing a duplicate wallet card;

b)   Providing a duplicate wall certificate;

c)   Copying records, documents, letters, minutes, applications files and policy statements;

d)   Providing a licensee list; and

e)   Providing audio files. (Sec. 4)

Occupational Therapists and Occupational Therapy Assistants

9.   Requires, beginning January 1, 2022, an applicant for initial licensure, license renewal, license reinstatement or a limited licensure for occupational therapy licensure to possess a valid fingerprint clearance card. (Sec. 8)

Athletic Trainers and BAT

10.  Specifies the Executive Director must send a renewal reminder, rather than application, to each licensee at least 60 days before the license expires. (Sec. 9)

11.  Stipulates each licensee is responsible for reporting to BAT changes in email addresses within 30 days after a change. (Sec. 9)

12.  Requires, beginning January 1, 2022, an applicant for initial licensure, license renewal, license reinstatement or a limited licensure for athletic training licensure to possess a valid fingerprint clearance card. (Sec. 11)

13.  Removes the ability of BAT to appoint hearing officers. (Sec. 12)

14.  States that if BAT finds the information received in a complaint or an investigation is not sufficient to merit direct action against the licensee, it can issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education to provide the licensee with the necessary understanding of specified practice standards. (Sec. 12)

15.  Enables BAT to adopt or modify any rules necessary to carry out this Act. (Sec. 16)

Miscellaneous

16.  Defines podiatric medical assistant. (Sec. 1)

17.  Modifies the definition of podiatrist. (Sec. 1)

18.  Contains a delayed effective date of January 1, 2022 for specified provisions of this Act. (Sec. 17)

19.  Makes technical and conforming changes. (Sec. 1-14)

 

 

 

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                  SB 1284

Initials EB/IR         Page 0 Caucus & COW

 

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