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House Engrossed Senate Bill
reviser's technical corrections; 2021 |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SENATE BILL 1635 |
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AN ACT
Amending section 20-321.01, Arizona Revised Statutes, as amended by Laws 2014, chapter 25, section 3; repealing section 20-321.01, Arizona Revised Statutes, as amended by Laws 2020, chapter 67, section 2; repealing section 20-321.01, Arizona Revised Statutes, as amended by Laws 2021, chapter 5, section 6; repealing Laws 2021, chapter 172, section 1; amending section 36-3201, Arizona Revised Statutes, as amended by laws 2019, chapter 72, section 1; repealing section 36-3201, Arizona Revised Statutes, as amended by laws 2019, chapter 314, section 1; relating to multiple, defective and conflicting legislative dispositions of statutory text.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Purpose
1. Section 20-321.01, Arizona Revised Statutes, was amended by Laws 2020, chapter 67, section 2 and Laws 2021, chapter 5, section 6. However, these versions did not reflect the previous valid version of the section. In order to comply with article IV, part 2, section 14, Constitution of Arizona, this act amends section 20-321.01, Arizona Revised Statutes, as amended by Laws 2014, chapter 25, section 3, to incorporate the amendments made by Laws 2020, chapter 67 and Laws 2021, chapter 5 and repeals the Laws 2020, chapter 67 and Laws 2021, chapter 5 versions.
2. Section 22-248, Arizona Revised Statutes, was added by Laws 2021, chapter 172, section 1. However, Laws 2021, chapter 172 did not contain the amendments made by the house of representatives on February 24, 2021 and failed to strike section 22-248, Arizona Revised Statutes, as added by house bill 2579, from the bill. To prevent a potentially defective enactment, this act repeals section 22-248, Arizona Revised Statutes, as added by Laws 2021, chapter 172, section 1.
3. Section 36-3201, Arizona Revised Statutes, was amended by Laws 2019, chapter 72, section 1 and chapter 314, section 1. The chapter 314 version could not be blended because of the delayed effective date. In order to combine these versions, this act amends the Laws 2019, chapter 72 version of section 36-3201, Arizona Revised Statutes, to incorporate the amendments made by Laws 2019, chapter 314 and repeals the chapter 314 version.
Sec. 2. Section 20-321.01, Arizona Revised Statutes, as amended by Laws 2014, chapter 25, section 3, is amended to read:
20-321.01. Licensing of adjusters; qualifications; exemption
A. A person shall not act as or claim to be an adjuster unless the person is licensed under this article.
B. To obtain a license as an adjuster a person shall apply to the director for the license and use the forms prescribed and provided by the director. The director shall issue the license to qualified persons on payment of the license fee prescribed in section 20-167.
C. To be licensed as an adjuster the applicant shall meet all of the following qualifications:
1. Be a person who is at least eighteen years of age.
2. Be a resident of this state, or a resident of another state that allows residents of this state to act as adjusters in the other state.
3. Take and pass an examination that is given by or under the supervision of the director and that reasonably tests the applicant's knowledge of insurance and legal responsibilities as an adjuster and otherwise comply with section 20-321.02. Notwithstanding subsection D of this section, the requirements under this paragraph and paragraph 2 of this subsection are waived if the applicant holds a current claims certificate issued by a national or state-based claims association with a certification program that is approved by the director and that consists of at least forty hours of preexamination course work, a proctored examination of sufficient length to adequately determine the competency of the applicant and at least twenty-four hours of continuing education required for certification renewals on a biennial basis.
D. An adjuster who is licensed or permitted allowed to act as an adjuster in the state of the adjuster's domicile is not required to be licensed pursuant to this section or meet the qualifications prescribed in this section if the adjuster is sent to this state on behalf of an insurer for the purpose of investigating or making adjustment of a particular loss under an insurance policy or a series of losses resulting from a catastrophe common to all those losses.
E. To determine license eligibility, the director may require fingerprints of applicants and the submission of the fee and the fingerprints as required by section 20-285, subsection E, paragraph 2.
F. The director may contract with nongovernmental entities to perform any ministerial functions, including collection of fees and data related to licensing, that the director deems appropriate.
G. A resident of Canada may apply for a license that grants the applicant the authority only to adjust portable electronics insurance claims in this state if the person has obtained an adjuster license in another state that permits allows that person to adjust portable electronics insurance claims in that state. A Canadian resident who qualifies for licensure as an adjuster under this subsection is not subject to section 25-320, subsection P.
H. An applicant who resides in a state that does not issue licenses to adjusters and who is otherwise permitted allowed to adjust portable electronics insurance claims in the applicant's resident state may apply for a license that grants the applicant the authority only to adjust portable electronics insurance claims in this state.
Sec. 3. Repeal
Section 20-321.01, Arizona Revised Statutes, as amended by Laws 2020, chapter 67, section 2, and section 20-321.01, Arizona Revised Statutes, as amended by Laws 2021, chapter 5, section 6, are repealed.
Sec. 4. Repeal
Laws 2021, chapter 172, section 1 is repealed.
Sec. 5. Section 36-3201, Arizona Revised Statutes, as amended by Laws 2019, chapter 72, section 1, is amended to read:
36-3201. Definitions
In this chapter, unless the context otherwise requires:
1. "Agent" means an adult who has the authority to make health care treatment decisions for another person, referred to as the principal, pursuant to a health care power of attorney.
2. "Artificially administered" means providing food or fluid through a medically invasive procedure.
3. "Attending physician" means a physician who has the primary responsibility for a principal's health care.
4. "Comfort care" means treatment given in an attempt to protect and enhance the quality of life without artificially prolonging that life.
5. "Health care directive" means a document drafted in substantial compliance with this chapter, including a mental health care power of attorney, to deal with a person's future health care decisions.
6. "Health care power of attorney" means a written designation of an agent to make health care decisions that meets the requirements of section 36-3221 and that comes into effect and is durable as provided in section 36-3223, subsection A.
7. "Health care provider" means a natural person who is licensed under title 32, chapter 11, 13, 15, 17 or 25, a hospice as defined in section 36-401 that is licensed under chapter 4 of this title or an organization that is licensed under this title, that renders health care designed to prevent, diagnose or treat illness or injury and that employs persons licensed under title 32, chapter 11, 13, 15, 17 or 25.
8. "Inpatient psychiatric facility" means a hospital that contains an organized psychiatric services unit or a special hospital that is licensed to provide psychiatric services.
9. "Interested person" means the patient, a person listed under section 36-3231, subsection A, a health care provider directly involved in the patient's medical care or an employee of a health care provider.
10. "Living will" means a statement written either by a person who has not written a health care power of attorney or by the principal as an attachment to a health care power of attorney and intended to guide or control the health care treatment decisions that can be made on that person's behalf.
11. "Mental health care power of attorney" means a written designation of an agency to make mental health care decisions that meets the requirements of section 36-3281.
12. "Physician" means a doctor of medicine licensed pursuant to title 32, chapter 13 or doctor of osteopathic medicine licensed pursuant to title 32, chapter 17.
13. "Principal" means a person who is the subject of a health care power of attorney.
14. "Qualifying health information EXCHANGE organization" means a nonprofit health information organization as defined in section 36-3801 that is designated by the department of health services pursuant to SECTION 36-3291 TO OPERATE THE HEALTH CARE DIRECTIVES REGISTRY.
14. 15. "Surrogate" means a person authorized to make health care decisions for a patient by a power of attorney, a court order or the provisions of section 36-3231.
Sec. 6. Repeal
Section 36-3201, Arizona Revised Statutes, as amended by Laws 2019, chapter 314, section 1, is repealed.
Sec. 7. Retroactivity
A. Sections 2 and 3 of this act apply retroactively to from and after August 24, 2020.
B. Sections 5 and 6 of this act apply retroactively to from and after December 31, 2020.