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REFERENCE TITLE: health professions; fingerprint clearance cards |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2796 |
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Introduced by Representatives Powers Hannley: Abraham, Andrade, Blackwater-Nygren, Bolding, Butler, Cano, DeGrazia, Espinoza, Fernandez B, Hernandez A, Hernandez D, Hernandez M, Jermaine, Liguori, Longdon, Mathis, Pawlik, Quiñonez, Schwiebert, Shah, Sierra, Solorio, Senator Gonzales
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AN ACT
Amending sections 32-921, 32-1405, 32-1422, 32-1438, 32-1524, 32-1606, 32-1682, 32-1683, 32-1730, 32-1822, 32-2521, 32-2812, 32-2912 and 32-2914, Arizona Revised Statutes; Repealing section 32-3280, Arizona Revised Statutes; amending title 32, chapter 33, article 3, Arizona Revised Statutes, by adding a new section 32-3280; amending sections 32-3504, 32-3922, 32-3924, 32-4203, 32-4222, 36-754, 36-1923, 36-1926, 36-1940, 36-1940.01, 36-1940.04, 41-619.51, 41-1758 and 41-1758.01, Arizona Revised Statutes; relating to health professions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-921, Arizona Revised Statutes, is amended to read:
32-921. Application for license; qualifications of applicant; fee; fingerprint clearance card
A. A person who wishes to practice chiropractic in this state shall submit a complete application to the board at least forty-five days before the next scheduled examinations on a form and in the manner prescribed by the board.
B. To be eligible for an examination and licensure, the applicant shall:
1. Be a person of good character and reputation.
2. Be a graduate of a chiropractic college that both:
(a) Is accredited by or has status with the council on chiropractic education or is accredited by an accrediting agency recognized by the United States department of education or the council on postsecondary accreditation.
(b) Teaches a resident course of four years of not less than nine months each year, or the equivalent of thirty-six months of continuous study, and that comprises not less than four thousand credit hours of resident study required to receive a degree of doctor of chiropractic (D.C.).
3. Be physically and mentally able to practice chiropractic skillfully and safely.
4. Have a certificate of attainment for part I and part II and a score of three hundred seventy-five or more on part III or IV of the examination conducted by the national board of chiropractic examiners.
C. The board may refuse to give an examination or may deny licensure to an applicant who:
1. Fails to qualify for an examination or licensure under subsection B of this section.
2. Has had a license to practice chiropractic refused, revoked, suspended or restricted by a regulatory board in this or any other jurisdiction for any act that constitutes unprofessional conduct pursuant to this chapter.
3. Is currently under investigation by a regulatory board in this or any other jurisdiction for an act that constitutes unprofessional conduct pursuant to this chapter.
4. Has surrendered a license to practice chiropractic in lieu of disciplinary action by a regulatory board in this or any other jurisdiction for an act that constitutes unprofessional conduct pursuant to this chapter.
5. Has engaged in any conduct that constitutes grounds for disciplinary action pursuant to section 32-924 or board rules.
D. On making application applying, the applicant shall pay to the executive director of the board a nonrefundable fee of not more than three hundred twenty-five dollars $325 as established by the board. The board shall keep a register of all applicants and the result of each examination.
E. In order to determine an applicant's eligibility for examination and licensure, the board may require the applicant to submit a full set of fingerprints to the board. The board shall submit the fingerprints to the department of public safety 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. The board shall charge each applicant a fee that is necessary to cover the cost of the investigation. The board shall forward this fee to the department of public safety.
E. Beginning January 1, 2023, an applicant for initial licensure, license renewal, a reciprocal license, license reinstatement or any type of limited license pursuant to this chapter shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
Sec. 2. Section 32-1405, Arizona Revised Statutes, is amended to read:
32-1405. Executive director; compensation; duties; appeal to the board
A. Subject to title 41, chapter 4, article 4, the committee on executive director selection and retention established by section 32-1403 shall appoint an executive director of the board who shall serve at the pleasure of the committee. The executive director shall not be a board member, except that the board may authorize the executive director to represent the board and to vote on behalf of the board at meetings of the federation of state medical boards of the United States.
B. The executive director is eligible to receive compensation set by the board within the range determined under section 38-611.
C. The executive director or the executive director's designee shall:
1. Subject to title 41, chapter 4, article 4 and, as applicable, articles 5 and 6, employ, evaluate, dismiss, discipline and direct professional, clerical, technical, investigative and administrative personnel necessary to carry on the work of the board. An investigator shall complete a nationally recognized investigator training program within one year of after the date of hire. Until an investigator completes a training program, the investigator shall work under the supervision of an investigator who has completed a training program.
2. Set compensation for board employees within the range determined under section 38-611.
3. As directed by the board, prepare and submit recommendations for amendments to the medical practice act for consideration by the legislature.
4. Subject to title 41, chapter 4, article 4, employ medical consultants and agents necessary to conduct investigations, gather information and perform those duties the executive director determines are necessary and appropriate to enforce this chapter.
5. Issue licenses, registrations and permits to applicants who meet the requirements of this chapter.
6. Manage the board's offices.
7. Prepare minutes, records, reports, registries, directories, books and newsletters and record all board transactions and orders.
8. Collect all monies due and payable to the board.
9. Pay all bills for authorized expenditures of the board and its staff.
10. Prepare an annual budget.
11. Submit a copy of the budget each year to the governor, the speaker of the house of representatives and the president of the senate.
12. Initiate an investigation if evidence appears to demonstrate that a physician may be engaged in unprofessional conduct or may be medically incompetent or mentally or physically unable to safely practice medicine.
13. Issue subpoenas if necessary to compel the attendance and testimony of witnesses and the production of books, records, documents and other evidence.
14. Provide assistance to the attorney general in preparing and sign and execute disciplinary orders, rehabilitative orders and notices of hearings as directed by the board.
15. Enter into contracts for goods and services pursuant to title 41, chapter 23 that are necessary to carry out board policies and directives.
16. Execute board directives.
17. Manage and supervise the operation of the Arizona regulatory board of physician assistants.
18. Issue licenses to physician assistant applicants who meet the requirements of chapter 25 of this title.
19. Represent the board with the federal government, other states or jurisdictions of the United States, this state, political subdivisions of this state, the news media and the public.
20. On behalf of the Arizona medical board, enter into stipulated agreements with persons under the jurisdiction of either the Arizona medical board or the Arizona regulatory board of physician assistants for the treatment, rehabilitation and monitoring of chemical substance abuse or misuse.
21. Review all complaints filed pursuant to section 32-1451. The executive director shall submit all medical complaints alleging harm as a result of patient care to a medical consultant for review. The executive director shall submit to the medical consultant only those medical complaints that involve a standard of care issue and that require medical training and expertise to determine whether a violation has occurred. If delegated by the board, the executive director may also dismiss a complaint if the complaint is without merit. The executive director shall not dismiss a complaint if a court has entered a medical malpractice judgment against a physician. The executive director shall submit a report of the cases dismissed with the complaint number, the name of the physician and the investigation timeline to the board for review at its regular board meetings.
22. If delegated by the board, directly refer cases to a formal hearing.
23. If delegated by the board, close cases resolved through mediation.
24. If delegated by the board, issue advisory letters.
25. If delegated by the board, enter into a consent agreement if there is evidence of danger to the public health and safety.
26. If delegated by the board, grant uncontested requests for inactive status and cancellation of a license pursuant to sections 32-1431 and 32-1433.
27. If delegated by the board, refer cases to the board for a formal interview.
28. Perform all other administrative, licensing or regulatory duties required by the board.
29. Disseminate any information received from the office of ombudsman-citizens aide to the board at its regular board meetings.
D. Medical consultants and agents appointed pursuant to subsection C, paragraph 4 of this section are eligible to receive compensation determined by the executive director in an amount not to exceed two hundred dollars $200 for each day of service.
E. A person who is aggrieved by an action taken by the executive director pursuant to subsection C, paragraphs 21 through 27 of this section or section 32-1422, subsection E F may request the board to review that action by filing with the board a written request within thirty days after that person is notified of the executive director's action by personal delivery or, if the notification is mailed to that person's last known residence or place of business, within thirty-five days after the date on the notification. At the next regular board meeting, the board shall review the executive director's action. On review, the board shall approve, modify or reject the executive director's action.
Sec. 3. Section 32-1422, Arizona Revised Statutes, is amended to read:
32-1422. Basic requirements for granting a license to practice medicine; fingerprint clearance card; credentials verification
A. An applicant for a license to practice medicine in this state pursuant to this article shall meet each of the following basic requirements:
1. Graduate from an approved school of medicine or receive a medical education that the board deems to be of equivalent quality.
2. Successfully complete an approved twelve-month hospital internship, residency or clinical fellowship program.
3. Have the physical and mental capability to safely engage in the practice of medicine.
4. Have 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.
5. Not have had a license to practice medicine revoked by a medical regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction that constitutes unprofessional conduct pursuant to this chapter.
6. Not be currently under investigation, suspension or restriction by a medical regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction and that constitutes unprofessional conduct pursuant to this chapter. If the applicant is under investigation by a medical regulatory board in another jurisdiction, the board shall suspend the application process and may not issue or deny a license to the applicant until the investigation is resolved.
7. Not have surrendered a license to practice medicine in lieu of disciplinary action by a medical regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction and that constitutes unprofessional conduct pursuant to this chapter.
8. Pay all fees required by the board.
9. Complete the application as required by the board.
10. Complete a training unit as prescribed by the board relating to the requirements of this chapter and board rules. The applicant shall submit proof with the application form of having completed the training unit.
11. Have submitted directly to the board, electronically or by hard copy, verification of the following:
(a) Licensure from every state in which the applicant has ever held a medical license.
(b) All medical employment for the five years preceding application. If the applicant is employed by a hospital or medical group or organization, the board shall accept the confirmation required under this subdivision from the applicant's employer. For the purposes of this subdivision, medical employment includes all medical professional activities.
12. Have submitted 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.
B. Beginning January 1, 2023, an applicant for initial licensure, license renewal, a reciprocal license, license reinstatement or any type of limited license pursuant to this chapter shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
B. C. The board may require the submission of credentials or other evidence, written and oral, and make any investigation it deems necessary to adequately inform itself with respect to an 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 and an oral competence examination and interview, or any combination thereof, as the board deems proper.
C. D. In determining if whether the requirements of subsection A, paragraph 4 of this section have been met, if the board finds that the applicant committed an act or engaged in conduct that would constitute grounds for disciplinary action, the board shall determine to its satisfaction that the conduct has been corrected, monitored and resolved. If the matter has not been resolved, the board shall determine to its satisfaction that mitigating circumstances exist that prevent its resolution.
D. E. In determining if whether the requirements of subsection A, paragraph 6 of this section have been met, if another jurisdiction has taken disciplinary action against an applicant, the board shall determine to its satisfaction that the cause for the action was corrected and the matter resolved. If the matter has not been resolved by that jurisdiction, the board shall determine to its satisfaction that mitigating circumstances exist that prevent its resolution.
E. F. The board may delegate authority to the executive director to deny licenses if applicants do not meet the requirements of this section.
F. G. Any credential information required to be submitted to the board pursuant to this article must be submitted, electronically or by hard copy, from the primary source where the document or information originated, except that the board may accept primary-source verified credentials from a credentials verification service approved by the board. The board is not required to verify any documentation or information received by the board from a credentials verification service that has been approved by the board. If an applicant is unable to provide a document or information from the primary source due to no fault of the applicant, the executive director shall forward the issue to the full board for review and determination. The board shall adopt rules establishing the criteria that must be met in order to waive a documentation requirement of this article.
Sec. 4. Section 32-1438, Arizona Revised Statutes, is amended to read:
32-1438. Temporary licensure; requirements; fee
A. Beginning July 1, 2017, the board may issue a temporary license, which may not be renewed or extended, to allow a physician who is not a licensee to practice in this state for a total of up to two hundred fifty consecutive days if the physician meets all of the following requirements:
1. Holds an active and unrestricted license to practice medicine in a state, territory or possession of the United States.
2. Has applied for a license pursuant to section 32-1422 and meets the requirements specified in section 32-1422, subsection A, paragraphs 1 through 7.
3. Has paid any applicable fees.
B. The physician shall submit to the board a notarized affidavit attesting that the physician meets the requirements of subsection A, paragraphs 1 and 2 of this section. The physician shall notify the board immediately if any circumstance specified in subsection A, paragraphs 1 and 2 of this section changes during the application period for a temporary license or while holding a temporary license, at which time the board may suspend, deny or revoke the temporary license. The board may suspend, deny or revoke a temporary license and withdraw the application for initial licensure if the applicant has made a misrepresentation in the attestation required by this section or any other portion of the application pursuant to this chapter.
C. The board shall approve or deny an application under this section within thirty days after an applicant files a complete application. The approval of a temporary license pursuant to this section allows the physician to practice in this state without restriction.
D. If granted, the physician's temporary license expires the earlier of two hundred fifty days after the date the temporary license is granted or on approval or denial of the physician's license application submitted pursuant to section 32-1422.
E. For the purpose of meeting the requirements of subsection A of this section, an applicant shall provide the board the name of each state, territory or possession of the United States in which the person is licensed or has held a license and the board shall verify with the applicable regulatory board that the applicant holds an active and unrestricted license to practice medicine and has never had a license revoked or suspended or surrendered a license for disciplinary reasons. An applicant shall also provide the board with all medical employment as required by section 32-1422, subsection A. The board may accept the confirmation of this information from each other regulatory board verbally, in writing or through the use of the other regulatory board's website, which shall be followed by either an electronic or hard copy of the verification required by section 32-1422, subsection F G before the physician's permanent license is granted. If the board is unable to verify the information within the initial thirty days as required by subsection C of this section, the board may extend the time frame by an additional thirty days to receive the necessary verification.
F. The board may establish a fee in rule for temporary licensure under this section.
Sec. 5. Section 32-1524, Arizona Revised Statutes, is amended to read:
32-1524. Application; deficiencies in application; interview; withdrawal; release of information; fingerprint clearance card
A. Each applicant for licensure or certification shall file a verified completed application in the form and style required and supplied by the board and accompanied by the appropriate application fee prescribed in section 32-1527. The filing of an application grants the board the authority to obtain information from any licensing board or agency in any state, district, territory or county of the United States or another country, from the Arizona criminal justice information system in the department of public safety and from the federal bureau of investigation. The fingerprints submitted shall be used to obtain a state and federal criminal records check pursuant to section 41-1750 and P.L. 92-544. The department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation.
B. The application shall require the applicant to submit evidence, credentials and other proof necessary to satisfy the board that the applicant meets the requirements of a completed application.
C. The application shall contain the oath of the applicant that:
1. All information contained in the application and evidence submitted with it are true and correct.
2. The credentials submitted were not procured by fraud or misrepresentation or any mistake of which the applicant is aware.
3. The applicant is the lawful holder of the credentials.
D. All applications submitted to the board and any attendant evidence, credentials or other proof submitted with an application are the property of the board and part of the permanent record of the board and shall not be returned to a withdrawing applicant.
E. The board shall promptly inform an applicant, in writing, of the deficiencies, if any, in the application which that prevent it from being considered by the board as a completed application.
F. The board may interview the applicant to determine whether the application is sufficient or whether the applicant otherwise qualifies for licensure or for a certificate.
G. Applications are considered withdrawn on the OCCURRENCE of any of the following conditions:
1. The request of the applicant.
2. Failure of the applicant to appear for an interview with the board except for good cause being shown.
3. Failure of the applicant to submit a completed application within one year from after the date of the mailing by the board of a statement to the applicant of the deficiencies in the application under subsection E of this section.
4. Failure of the applicant to show, within one year from after the interview provided for in subsection F of this section, that the completed application is true and correct.
H. Beginning January 1, 2023, applicants for a an initial license, for license renewal or for a certificate to engage in a clinical training program, a preceptorship training program or an internship training program shall submit a fingerprint card in the manner required by the board possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
I. The executive director may issue a temporary certificate to engage in a clinical training program to an applicant whose application is complete except for the completion of a fingerprint check and criminal background analysis. If the criminal background analysis shows the applicant has not been convicted of any felony or any misdemeanor involving a crime of moral turpitude, the executive director shall convert the temporary certificate into a certificate to engage in a clinical training program without any further action by the applicant. The board shall not charge a fee for a temporary certificate.
Sec. 6. Section 32-1606, Arizona Revised Statutes, is amended to read:
32-1606. Powers and duties of board
A. The board may:
1. Adopt and revise rules necessary to carry into effect this chapter.
2. Publish advisory opinions regarding registered and practical nursing practice and nursing education.
3. Issue limited licenses or certificates if it determines that an applicant or licensee cannot function safely in a specific setting or within the full scope of practice.
4. Refer criminal violations of this chapter to the appropriate law enforcement agency.
5. Establish a confidential program for monitoring licensees who are chemically dependent and who enroll in rehabilitation programs that meet the criteria established by the board. The board may take further action if the licensee refuses to enter into a stipulated agreement or fails to comply with its the agreement's terms. In order to protect the public health and safety, the confidentiality requirements of this paragraph do not apply if the licensee does not comply with the stipulated agreement.
6. On the applicant's or regulated party's request, establish a payment schedule with the applicant or regulated party.
7. Provide education regarding board functions.
8. Collect or assist in collecting workforce data.
9. Adopt rules to conduct pilot programs consistent with public safety for innovative applications in nursing practice, education and regulation.
10. Grant retirement status on request to retired nurses who are or were licensed under this chapter, who have no open complaint or investigation pending against them and who are not subject to discipline.
11. Accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this chapter. These monies do not revert to the state general fund at the end of the fiscal year.
B. The board shall:
1. Approve regulated training and educational programs that meet the requirements of this chapter and rules adopted by the board.
2. By rule, establish approval and reapproval processes for nursing and nursing assistant training programs that meet the requirements of this chapter and board rules.
3. Prepare and maintain a list of approved nursing programs to prepare registered nurses and practical nurses whose graduates are eligible for licensing under this chapter as registered nurses or as practical nurses if they satisfy the other requirements of this chapter and board rules.
4. Examine qualified registered nurse and practical nurse applicants.
5. License and renew the licenses of qualified registered nurse and practical nurse applicants and licensed nursing assistants who are not qualified to be licensed by the executive director.
6. Adopt a seal, which the executive director shall keep.
7. Keep a record of all proceedings.
8. For proper cause, deny or rescind approval of a regulated training or educational program for failure to comply with this chapter or the rules of the board.
9. Adopt rules to approve credential evaluation services that evaluate the qualifications of applicants who graduated from an international nursing program.
10. Determine and administer appropriate disciplinary action against all regulated parties who are found guilty of violating this chapter or rules adopted by the board.
11. Perform functions necessary to carry out the requirements of the nursing assistant and nurse aide training and competency evaluation program as set forth in the omnibus budget reconciliation act of 1987 (P.L. 100-203; 101 Stat. 1330), as amended by the medicare catastrophic coverage act of 1988 (P.L. 100-360; 102 Stat. 683). These functions shall include:
(a) Testing and registering certified nursing assistants.
(b) Testing and licensing licensed nursing assistants.
(c) Maintaining a list of board-approved training programs.
(d) Maintaining a registry of nursing assistants for all certified nursing assistants and licensed nursing assistants.
(e) Assessing fees.
12. Adopt rules establishing those acts that may be performed by a registered nurse practitioner or certified nurse midwife, except that the board does not have authority to decide scope of practice relating to abortion as defined in section 36-2151.
13. Adopt rules that prohibit registered nurse practitioners, clinical nurse specialists or certified nurse midwives from dispensing a schedule II controlled substance that is an opioid, except for an implantable device or an opioid that is for medication-assisted treatment for substance use disorders.
14. Adopt rules establishing educational requirements to certify school nurses.
15. Publish copies of board rules and distribute these copies on request.
16. Require each applicant for initial licensure or certification to 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.
16. Beginning January 1, 2023, require each applicant for initial licensure or certification, license or certification renewal or license or certification reinstatement pursuant to this chapter to possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
17. Except for a licensee who has been convicted of a felony that has been designated a misdemeanor pursuant to section 13-604, revoke a license of a person, revoke the multistate licensure privilege of a person pursuant to section 32-1669 or not issue a license or renewal to an applicant who has one or more felony convictions and who has not received an absolute discharge from the sentences for all felony convictions three or more years before the date of filing an application pursuant to this chapter.
18. Establish standards to approve and reapprove registered nurse practitioner and clinical nurse specialist programs and provide for surveys of registered nurse practitioner and clinical nurse specialist programs as it the board deems necessary.
19. Provide the licensing authorities of health care institutions, facilities and homes with any information the board receives regarding practices that place a patient's health at risk.
20. Limit the multistate licensure privilege of any person who holds or applies for a license in this state pursuant to section 32-1668.
21. Adopt rules to establish competency standards for obtaining and maintaining a license.
22. Adopt rules to qualify and certify clinical nurse specialists.
23. Adopt rules to approve and reapprove refresher courses for nurses who are not currently practicing.
24. Maintain a list of approved medication assistant training programs.
25. Test and certify medication assistants.
26. Maintain a registry and disciplinary record of medication assistants who are certified pursuant to this chapter.
27. Adopt rules to establish the requirements for a clinical nurse specialist to prescribe and dispense drugs and devices consistent with section 32-1651 and within the clinical nurse specialist's population or disease focus.
C. The board may conduct an investigation on receipt of information that indicates that a person or regulated party may have violated this chapter or a rule adopted pursuant to this chapter. Following the investigation, the board may take disciplinary action pursuant to this chapter.
D. The board may limit, revoke or suspend the privilege of a nurse to practice in this state granted pursuant to section 32-1668.
E. Failure to comply with any final order of the board, including an order of censure or probation, is cause for suspension or revocation of a license or a certificate.
F. The president or a member of the board designated by the president may administer oaths in transacting the business of the board.
Sec. 7. Section 32-1682, Arizona Revised Statutes, is amended to read:
32-1682. Applications for initial dispensing optician license; renewal; examination
A. An applicant for licensure shall submit a verified application to the board on a form prescribed by the board. The application shall contain information the board determines is necessary to assist the board in determining the applicant's ability to meet the requirements of this chapter and board rules.
B. A person who wishes to renew a license shall submit a verified renewal application to the board each year on a form prescribed by the board. The renewal application shall contain information the board determines is necessary to assist the board in determining that the applicant is not in default of or in violation of this chapter or board rules and that the licensee continues to meet the requirements of this chapter.
C. The board may require from all applicants any additional information that in its judgment is necessary to assist the board in determining whether the applicant is entitled to initial or continued licensure.
D. To assist it the board in determining if whether an applicant has acquired the minimum basic skills required for optical dispensing, the board shall require a written and practical examination of all applicants for an initial license. This requirement does not apply to applicants who qualify pursuant to section 32-1683, subsection A paragraph 5 4, subdivision (a). The board may prescribe other reasonable rules relating to the examination of applicants as it determines necessary for the performance of its the board's duties. The board may accept the results of a written or practical examination prepared by a nationally recognized body as determined by the board in lieu of those portions of an examination prepared by the board if they are at least substantially equivalent to those prepared by the board. The board may keep all procedures relating to the administration of the examination and the answer keys confidential.
Sec. 8. Section 32-1683, Arizona Revised Statutes, is amended to read:
32-1683. Qualifications of applicants; fingerprint clearance card
A. An applicant for a license issued under this chapter shall:
1. Be of good moral character.
2. Not have been convicted of a crime involving moral turpitude.
3. 2. Not be a former licensee under this chapter whose license was suspended or revoked and not subsequently reinstated.
4. 3. Be a high school graduate or the equivalent as prescribed by rules of the board.
5. 4. Establish that the applicant has the required technical skill and training necessary for licensing by any one of the following means:
(a) Submit evidence of having a valid and subsisting license in good standing from another state that licenses dispensing opticians or ophthalmic dispensers and whose requirements are substantially equivalent to the requirements of this chapter.
(b) Submit evidence of having served an apprenticeship in optical dispensing for three of the six years immediately preceding the date of application under the direct supervision of a dispensing optician, optometrist or an allopathic or osteopathic physician who holds an active license in good standing issued by any state. The apprenticeship must include all principal phases of optical dispensing in order to result in the applicant acquiring the minimum basic skills required for optical dispensing. The board may accept a maximum of one thousand hours of alternative optical laboratory experience toward satisfying the apprenticeship requirements if that experience meets the standards established by the board.
(c) Submit evidence of graduation from a school of optical dispensing that presently meets the standards required for approval by a nationally recognized body on opticianry accreditation as determined by the board. The applicant must also have served an apprenticeship in optical dispensing as prescribed in subdivision (b) of this paragraph for one of the six years immediately preceding the date of application.
(d) Submit evidence of having worked as a dispensing optician or having served as an apprentice to a dispensing optician, a physician or an optometrist in a nonlicensing state for three of the six years immediately preceding the date of application. This work or apprenticeship must include all principal phases of optical dispensing in order to result in the applicant acquiring the minimum basic skills required for optical dispensing.
B. Beginning January 1, 2023, an applicant for initial licensure, license renewal or license reinstatement pursuant to this chapter shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
Sec. 9. Section 32-1730, Arizona Revised Statutes, is amended to read:
32-1730. Fingerprint clearance card
A. Each applicant for licensure and license reinstatement pursuant to this chapter 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.
B. If the board does not have any evidence or reasonable suspicion that the applicant has a criminal history, the board may issue a license before it receives the results of a criminal records check.
C. The board shall suspend a 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 to do so.
A. Beginning January 1, 2023, an applicant for initial licensure, license renewal or license reinstatement 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.
Sec. 10. Section 32-1822, Arizona Revised Statutes, is amended to read:
32-1822. Qualifications of applicant; application; fingerprint clearance card; fees
A. On a form and in a manner prescribed by the board, an applicant for licensure shall submit proof that the applicant:
1. Is the person named on the application and on all supporting documents submitted.
2. Is a citizen of the United States or a resident alien.
3. Is a graduate of a school of osteopathic medicine approved by the American osteopathic association.
4. Has successfully completed an approved internship, the first year of an approved multiple-year residency or a board-approved equivalency.
5. Has passed the approved examinations for licensure within seven years of application or has the board-approved equivalency of practice experience.
6. Has not engaged in any conduct that, if it occurred in this state, would be considered unprofessional conduct or, if the applicant has engaged in unprofessional conduct, is rehabilitated from the underlying conduct.
7. Is physically, mentally and emotionally able to practice medicine, or, if limited, restricted or impaired in the ability to practice medicine, consents to contingent licensure pursuant to subsection E F of this section or to entry into a program prescribed in section 32-1861.
8. Is of good moral character.
9. Beginning September 1, 2017, has submitted 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.
B. Beginning January 1, 2023, an applicant for initial licensure, license renewal, license reinstatement or any type of limited license or registration pursuant to this chapter shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
B. C. An applicant must submit with the application the nonrefundable application fee prescribed in section 32-1826 and pay the prescribed license issuance fee to the board at the time the license is issued.
C. D. The board or the executive director may require an applicant to submit to a personal interview, a physical examination or a mental evaluation or any combination of these, at the applicant's expense, at a reasonable time and place as prescribed by the board if the board determines that this is necessary to provide the board adequate information regarding the applicant's ability to meet the licensure requirements of this chapter. An interview may include medical knowledge questions and other matters that are relevant to licensure.
D. E. The board may deny a license for any unprofessional conduct that would constitute grounds for disciplinary action pursuant to this chapter or as determined by a competent domestic or foreign jurisdiction.
E. F. The board may issue a license that is contingent on the applicant entering into a stipulated order that may include a period of probation or a restriction on the licensee's practice.
F. G. The executive director may issue licenses to applicants who meet the requirements of this section.
G. H. A person whose license has been revoked, denied or surrendered in this or any other state may apply for licensure not sooner than five years after the revocation, denial or surrender.
H. I. A license issued pursuant to this section is valid for the remainder of the calendar year in which it was issued, at which time it is eligible for renewal.
Sec. 11. Section 32-2521, Arizona Revised Statutes, is amended to read:
32-2521. Qualifications; fingerprint clearance card; investigations; disciplinary actions
A. An applicant for licensure shall:
1. Have graduated from a physician assistants educational program approved by the board.
2. Pass a certifying examination approved by the board.
3. Be physically and mentally able to safely perform health care tasks as a physician assistant.
4. Have a professional record that indicates that the applicant has not committed any act or engaged in any conduct that constitutes grounds for disciplinary action against a licensee pursuant to this chapter. This paragraph does not prevent the board from considering the application of an applicant who was the subject of disciplinary action in another jurisdiction if the applicant's act or conduct was subsequently corrected, monitored and resolved to the satisfaction of that jurisdiction's regulatory board.
5. Not have had a license to practice revoked by a regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction that constitutes unprofessional conduct pursuant to this chapter.
6. Not be currently under investigation, suspension or restriction by a regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction and that constitutes unprofessional conduct pursuant to this chapter. If the applicant is under investigation by a regulatory board in another jurisdiction, the board shall suspend the application process and may not issue or deny a license to the applicant until the investigation is resolved.
7. Not have surrendered, relinquished or given up a license in lieu of disciplinary action by a regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction and that constitutes unprofessional conduct pursuant to this chapter. This paragraph does not prevent the board from considering the application of an applicant who surrendered, relinquished or gave up a license in lieu of disciplinary action by a regulatory board in another jurisdiction if that regulatory board subsequently reinstated the applicant's license.
8. Have submitted verification of all hospital affiliations and employment for the five years preceding application. Each hospital must verify the applicant's affiliation or employment on the hospital's official letterhead or the electronic equivalent.
B. Beginning January 1, 2023, an applicant for initial licensure, license renewal, license reinstatement or any type of limited license pursuant to this chapter shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
B. C. The board shall require an applicant to have all credentials submitted from the primary source where the document originated, either electronically or by hard copy, except that the board may accept primary-source verified credentials from a credentials verification service approved by the board.
C. D. The board may make investigations it deems necessary to advise itself with respect to the qualifications of the applicant, including physical examinations, mental evaluations, written competency examinations or any combination of these examinations and evaluations.
D. E. If the board finds that the applicant committed an act or engaged in conduct that would constitute grounds for disciplinary action in this state, before issuing a license the board must determine to its satisfaction that the act or conduct has been corrected, monitored and resolved. If the act or conduct has not been resolved, before issuing a license the board must determine to its satisfaction that mitigating circumstances exist that prevent its resolution.
E. F. If another jurisdiction has taken disciplinary action against an applicant, before issuing a license the board must determine to its satisfaction that the cause for the action was corrected and the matter was resolved. If the other jurisdiction has not resolved the matter, before issuing a license the board must determine to its satisfaction that mitigating circumstances exist that prevent its resolution.
F. G. The board may delegate to the executive director the authority to deny licenses to applicants who do not meet the requirements of this section.
Sec. 12. Section 32-2812, Arizona Revised Statutes, is amended to read:
32-2812. Applications for certificate; qualifications; fingerprint clearance card; fees; examination; denial
A. An applicant for a certificate shall submit an application for certification or an application for examination for certification, accompanied by a nonrefundable fee established by the director. An applicant who has practiced radiography without certification shall pay a prorated fee retroactively to the earliest date of uncertified practice. The fee for a replacement certificate is ten dollars $10. The application for examination fee is seventy dollars $70 and shall not be prorated. An application shall contain information that the applicant:
1. Is at least eighteen years of age.
2. Is of good moral character.
3. Meets one of the following requirements:
(a) In the case of an application for radiologic technologist, radiation therapy technologist or nuclear medicine technologist certification, has successfully completed a course of study at a school of radiologic technology that is approved by the department or an out-of-state school of radiologic technology that is approved by the joint review committee on education in radiologic technology, the American registry of radiologic technologists or the nuclear medicine technology certification board.
(b) In the case of an application for practical technologist in podiatry certification, practical technologist in bone densitometry certification and practical technologist in radiology certification, satisfactorily meets the basic requisites determined by the department pursuant to section 32-2803.
(c) In the case of an application for radiologist assistant certification, has obtained a baccalaureate degree or postbaccalaureate certificate from an advanced academic program that encompasses a nationally recognized radiologist assistant curriculum that includes a radiologist-directed clinical preceptorship. An applicant for certification before April 1, 2009 is not required to have a baccalaureate degree or postbaccalaureate certificate, but must have completed an advanced academic program that encompasses a nationally recognized radiologist assistant curriculum that includes a radiologist-directed clinical preceptorship.
B. Beginning January 1, 2023, an applicant for initial certification, certification renewal or certification reinstatement pursuant to this chapter shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
B. C. If the application is in proper form and it appears that the applicant meets the eligibility requirements, the applicant shall be notified of the time and place of the next examination.
C. D. The department may accept, in lieu of its own examination, a certificate issued on the basis of an examination by a certificate-granting body recognized by the department or a certificate, registration or license issued by another state if that state's standards for certification, registration or licensure are satisfactory to the department.
D. E. The department may deny a certificate to an applicant who has committed an act or engaged in conduct in any jurisdiction that resulted in a disciplinary action against the applicant or that would constitute grounds for disciplinary action under this chapter.
Sec. 13. Section 32-2912, Arizona Revised Statutes, is amended to read:
32-2912. Qualifications of applicant; applications; fingerprint clearance card; scope of practice
A. The board shall grant a license to practice pursuant to this chapter to an applicant who meets all of the following requirements:
1. Is a person of good moral character.
2. Holds a degree from an approved school of medicine or has received a medical education that the board determines is of equivalent quality.
3. Holds a license in good standing to practice medicine or osteopathic medicine that is issued under chapter 13 or 17 of this title or by another state, district or territory of the United States.
4. Has a professional record that indicates that the applicant has not had a license to practice medicine refused, revoked, suspended or restricted in any way by any state, territory, district or country for reasons that relate to the applicant's ability to competently and safely practice medicine.
5. 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.
6. Has the physical and mental capacity to safely engage in the practice of medicine.
7. Pays all fees and costs required by the board.
8. Completes the application required by the board.
B. Notwithstanding subsection A, paragraphs 2 and 3 of this section, the board shall issue a license pursuant to this chapter to an applicant who meets the requirements of subsection A, paragraphs 1, 4, 5, 6, 7 and 8 of this section and who holds a degree from an approved school of medicine.
C. Beginning January 1, 2023, an applicant for initial licensure, license renewal, license reinstatement or any type of limited license or registration pursuant to this chapter shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
C. D. The board may require an applicant to submit additional written or oral information and may conduct additional investigations if it determines that this is necessary to adequately inform itself of the applicant's ability to meet the requirements of this chapter. If an applicant has had a license revoked by or has surrendered a license to another jurisdiction, the applicant may attempt to demonstrate to the board's satisfaction that the applicant is completely rehabilitated with respect to the conduct that was the basis for the revocation or surrender of the license.
D. E. The board shall vacate its previous order to deny or revoke a license if that denial or revocation was based on the applicant's conviction of a felony or an offense involving moral turpitude and that conviction has been reversed on appeal. The applicant may resubmit an application for licensure as soon as the court enters the reversal.
E. F. If the board finds that an applicant has committed an act or engaged in conduct that would constitute grounds for disciplinary action, the board shall determine to its satisfaction that the conduct has been corrected, monitored and resolved. If the matter has not been resolved, before it issues a license the board shall determine to its satisfaction that mitigating circumstances exist that prevent its resolution.
F. G. Except as provided in subsection D E of this section, a person shall not submit an application for reinstatement or a new application within five years after the person has completely corrected the conduct and made full legal restitution to the board's satisfaction.
G. H. An applicant shall submit a verified completed application to the board in a form and within a period of time prescribed by the board. The application shall include:
1. The application fee.
2. Affidavits from three persons who are actively licensed to practice allopathic, osteopathic or homeopathic medicine in any state or district of the United States and who are able to attest to the applicant's good moral character and fitness to practice pursuant to this chapter.
3. A diploma or certificate issued by a homeopathic college or any other educational institution approved by the board or documentation of the applicant's successful completion of preceptorships or formal postgraduate courses approved by the board.
4. If the person is applying for licensure pursuant to subsection A of this section, proof that the applicant has served a board-approved internship.
5. The applicant's oath that:
(a) All of the information contained in the application and the accompanying evidence or other credentials is correct.
(b) The applicant submitted the credentials without fraud or misrepresentation and that the applicant is the lawful holder of the credentials.
(c) The applicant authorizes the release to the board of any information from any source that the board determines is necessary for it to act on the application.
H. I. The board shall promptly inform an applicant in writing of any deficiency in the application that prevents the board from acting on it.
I. J. The board shall consider an application withdrawn if any of the following is true:
1. The applicant submits a written request to withdraw the application.
2. The applicant without good cause fails to appear for a board interview.
3. The applicant fails to submit information to the board within one year of after the board's request for that information.
4. The applicant fails to complete the required examination or personal interview within one year of after submitting the application.
J. K. A person who is issued a license pursuant to subsection B of this section shall practice only within the scope of practice as prescribed by this chapter. A licensee who acts outside that scope of practice commits an act of unprofessional conduct. In addition to all other available remedies, the board may seek injunctive relieve pursuant to section 32-2940.
Sec. 14. Section 32-2914, Arizona Revised Statutes, is amended to read:
32-2914. Fees
A. The board by formal vote at its annual meeting shall establish fees and penalties that do not exceed the following:
1. Five hundred fifty dollars $550 for an application for a license to practice homeopathic medicine pursuant to section 32-2912, subsection G H, paragraph 1.
2. Two hundred fifty dollars $250 for issuance of an initial license.
3. Fifty dollars $50 for issuance of a duplicate license.
4. One thousand dollars $1,000 for annual renewal of a license.
5. Three hundred fifty dollars $350 for late renewal of a license.
6. Two hundred dollars $200 for initial and annual renewal of a permit to dispense drugs and devices.
7. Five hundred dollars $500 for an application for a locum tenens registration.
8. Two hundred fifty dollars $250 for issuance of a locum tenens registration.
9. Two hundred dollars $200 for annual renewal of a homeopathic medical assistant registration.
10. Twenty-five cents $.25 per page for copying board records, documents, letters, minutes, applications and files.
11. Thirty-five dollars $35 for a copy of an audiotape.
12. One hundred dollars $100 for the sale of computerized tapes or diskettes that do not require programming.
13. Two hundred dollars $200 for supervising a homeopathic medical assistant.
14. Three hundred dollars $300 for each initial application and annual renewal of a registration to conduct a practical educational program for supervised medical assistants.
B. The board may charge a licensee with the board's costs to administer a special purpose licensing examination related to its investigation of the licensee's competence.
C. The board may charge the actual cost of completing a professional conduct investigation to the licensee who is the subject of the investigation if the board determines that the licensee violated this chapter or a board rule.
D. The board shall charge additional fees for services that it is not required to provide under this chapter but that it determines are necessary to carry out its purpose. The board shall charge only the actual cost of providing these services.
Sec. 15. Repeal
Section 32-3280, Arizona Revised Statutes, is repealed.
Sec. 16. Title 32, chapter 33, article 3, Arizona Revised Statutes, is amended by adding a new section 32-3280, to read:
32-3280. Fingerprint clearance card
Beginning January 1, 2023, an applicant for initial licensure, license renewal, license reinstatement or any type of limited license pursuant to this chapter shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
Sec. 17. Section 32-3504, Arizona Revised Statutes, is amended to read:
32-3504. Powers and duties; examinations; immunity
A. The board shall:
1. Enforce and administer this chapter.
2. Adopt rules necessary to administer this chapter.
3. Examine applicants for licensure pursuant to this chapter at times and places it designates.
4. Investigate each applicant for licensure, before a license is issued, in order to determine if whether the applicant is qualified pursuant to this chapter.
5. Keep a record of all its acts and proceedings pursuant to this chapter, including the issuance, refusal, renewal, suspension or revocation of licenses.
6. Require each applicant for initial licensure to submit a full set of fingerprints to the board for a state and federal criminal history records check pursuant to section 41-1750 and Public Law 92-544.
6. Beginning January 1, 2023, require each applicant for initial licensure, license renewal, license reinstatement or any type of limited license pursuant to this chapter to possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
7. Maintain a register that contains the name, the last known place of residence and the date and number of the license of all persons who are licensed pursuant to this chapter.
8. Compile, once every two years, a list of licensed respiratory care practitioners who are authorized to practice in this state.
9. Establish minimum annual continuing education requirements for persons who are licensed under this chapter. The board shall approve organizations from which continuing education classes may be accepted.
10. Establish a confidential program for the monitoring of licensees who are chemically dependent and who enroll in rehabilitation programs that meet the criteria established by the board. The board may take further action if the licensee refuses to enter into a stipulated agreement or fails to comply with its terms. In order to protect the public health and safety, the confidentiality requirements of this paragraph do not apply if the licensee does not comply with the stipulated agreement.
B. The board, in approving education programs for respiratory therapists, shall consider the requirements and standards set by the commission on accreditation for respiratory care or its successor organization. The board may recognize examinations administered by a national board for respiratory care approved by the board.
C. The board may conduct examinations under a uniform examination system and may make arrangements with the national board of respiratory care or other organizations regarding examination materials it determines necessary and desirable.
D. The board and its members, personnel and board examiners are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter.
Sec. 18. Section 32-3922, Arizona Revised Statutes, is amended to read:
32-3922. Acupuncture detoxification specialist for chemical dependency or trauma; certificate; requirements; fingerprint clearance card; informed consent; definition
A. The board may issue an acupuncture detoxification specialist certificate to a person who practices auricular acupuncture for the purpose of treating alcoholism, substance abuse, trauma or chemical dependency if the person does all of the following:
1. Provides documentation of successfully completing a board-approved training program in acupuncture for treating alcoholism, substance abuse, trauma or chemical dependency that meets or exceeds standards of training established by the national acupuncture detoxification association or a board-approved group.
2. Provides documentation satisfactory to the board of successfully completing a board-approved clean needle technique course.
3. Submits an application as prescribed by the board and a fee prescribed by section 32-3927.
4. Submits 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.
5. 4. Discloses in an application for initial certification or recertification all other active and past professional health care licenses and certificates issued to the applicant in this state or by another state, district or territory of the United States.
B. Beginning January 1, 2023, an applicant for initial certification or recertification pursuant to this section shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
B. C. A certificate issued pursuant to this section allows the certificate holder to practice auricular acupuncture under the supervision of a person who is licensed pursuant to this chapter.
C. D. A certificate issued pursuant to this section is valid for one year. The certificate may be renewed by the board if the certificate holder submits an application as prescribed by the board and a fee prescribed by section 32-3927 before the certificate expires.
D. E. Before treating a patient, an auricular acupuncturist shall obtain from the patient a signed informed consent that has been approved by the board.
E. F. For the purposes of this section, "auricular acupuncture" means applying acupuncture needles to the pinna, lobe or auditory meatus to treat alcoholism, substance abuse, trauma or chemical dependency.
Sec. 19. Section 32-3924, Arizona Revised Statutes, is amended to read:
32-3924. Qualifications for licensure; fingerprint clearance card
A. To receive a license to practice acupuncture pursuant to this chapter, a person shall submit an application as prescribed by the board. The applicant shall disclose in an application for initial licensure all other active and past professional health care licenses and certificates issued to the applicant in this state or by another state, district or territory of the United States. The application shall document to the board's satisfaction that the applicant has successfully completed a clean needle technique course approved by the board and meets all of the following:
1. Has either:
(a) Been certified in acupuncture by the national certification commission for acupuncture and oriental medicine, or its successor organization, or another certifying body or examination that is recognized by the board.
(b) Passed the point location module, foundations of oriental medicine module, biomedicine module and acupuncture module offered by the national certification commission for acupuncture and oriental medicine.
(c) Been licensed by another state with substantially similar standards, and has not had certification or licensure revoked.
2. Has graduated from or completed training in a board-approved program of acupuncture with a minimum of one thousand eight hundred fifty hours of training that includes at least eight hundred hours of board-approved clinical training.
3. Beginning July 1, 2016, has submitted 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.
B. Beginning January 1, 2023, an applicant for initial licensure, license renewal or license reinstatement pursuant to this chapter shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
Sec. 20. Section 32-4203, Arizona Revised Statutes, is amended to read:
32-4203. Board; powers and duties
A. The board shall:
1. Evaluate the qualifications of applicants for licensure.
2. Designate at least one national examination that it requires applicants to pass. The examination must be available to a graduating massage therapy or bodywork therapy student within ninety days before the student's expected graduation date. The board shall require that an examination be processed and the results returned to the board within thirty days after the examination is administered. If, within six months of the effective date of this amendment of this section by october 20, 2005, the testing agency administering the examination fails or is unable to comply with the requirements of this paragraph, the board shall designate another examination for applicants to pass.
3. Issue licenses to persons who meet the requirements of this chapter.
4. Regulate the practice of massage therapy by interpreting and enforcing this chapter.
5. Establish education requirements for the education of licensees and applicants, including the identification of board recognized identifying board-recognized schools, and continuing education programs and assessing the continuing competence of licensees.
6. Adopt rules for ethical and professional conduct to govern the practice of massage therapy in this state.
7. Adopt rules to enforce this chapter.
8. Meet at least once each quarter in compliance with the open meeting requirements of title 38, chapter 3, article 3.1 and keep an official record of these meetings.
9. At its first regular meeting after the start of each calendar year, elect officers from among its members as necessary to accomplish board business.
10. Provide for the timely orientation and training of new professional and public appointees to the board regarding board licensing and disciplinary procedures, this chapter, board rules and board procedures.
11. Maintain a current list of all licensees. This list shall include that includes the licensee's name, current business address and telephone number and license number and shall be that is regularly accessible in electronic format to public officials and agencies to verify the license status of licensees in this state.
12. Enter into contracts for services necessary to enforce this chapter.
13. Publish, at least annually, or make available for copying or reproduction in any format, final disciplinary actions taken against a licensee.
B. The board may:
1. Accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this chapter. These monies do not revert to the state general fund at the end of a fiscal year.
2. Administer oaths and affirmations, subpoena witnesses, take evidence and require the production of documents, records or information, either kept in original form or electronically stored or recorded, or other items relevant to a matter within the jurisdiction of the board.
3. Require a criminal background check, including the fingerprinting of every applicant for licensure, to assist the board in determining whether grounds exist to deny a license.
Sec. 21. Section 32-4222, Arizona Revised Statutes, is amended to read:
32-4222. Qualifications for licensure; fingerprint clearance card
A. An applicant for a license as a massage therapist shall:
1. Be at least eighteen years of age.
2. Be a citizen or legal resident of the United States.
3. Satisfy the requirements of section 32-4224.
4. Be of good moral character.
5. Receive either a high school diploma or general equivalency diploma or a similar document or certificate or submit proof that the applicant has passed an ability to benefit examination recognized by the United States department of education.
6. Pay the fees established pursuant to section 32-4227.
7. Within five years preceding the date of the application, not have been convicted of:
(a) A class 1, 2 or 3 felony.
(b) A class 4, 5 or 6 felony offense involving moral turpitude that has a reasonable relationship to the practice of massage therapy.
(c) A misdemeanor involving prostitution or solicitation or other similar offense involving moral turpitude that has a reasonable relationship to the practice of massage therapy.
8. 7. Within the past preceding five years, not have voluntarily surrendered a license under section 32-4254 or not have had a license to practice massage therapy or another similar license revoked by a political subdivision of this state or a regulatory agency in another jurisdiction in the United States for an act that occurred in that jurisdiction and that would be subject to discipline pursuant to this chapter.
9. 8. Not be currently under investigation, suspension or restriction by a political subdivision of this state or a regulatory agency in another jurisdiction in the United States for an act that occurred in that jurisdiction and that would be subject to discipline pursuant to this chapter. If the applicant is under investigation by a regulatory agency in another jurisdiction, the board shall suspend the application process and may not issue or deny a license to the applicant until the investigation is resolved.
10. 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. The board may charge the cost of each criminal background check to the applicant.
B. Beginning January 1, 2023, an applicant for initial licensure, license renewal, a temporary license or license reinstatement pursuant to this chapter shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
B. C. In addition to the requirements of subsection A of this section, an applicant for licensure as a massage therapist shall either:
1. Have successfully completed a course of study of massage therapy or bodywork therapy consisting of a minimum of five hundred classroom and clinical hours of supervised instruction at a board recognized school in this state that is accredited by an agency recognized by the secretary of the United States department of education.
2. Have done both of the following:
(a) Successfully completed a course of study in massage therapy or bodywork therapy consisting of a minimum of five hundred classroom and clinical hours of supervised instruction at a school in this state that is licensed by the state board for private postsecondary education or at a school outside of this state that is recognized by the board pursuant to section 32-4228.
(b) Successfully passed an examination administered by a national board accredited by the certifying agency that has been approved by the national commission on competency assurance and that is in good standing with that agency or have successfully passed an examination that is administered or approved by the board.
C. D. The board may adopt rules to allow it to consider the education and experience of an applicant who came from a foreign country. The board by rule may increase the minimum number of classroom hours of supervised instruction at a board recognized school that an applicant for licensure must successfully have completed.
D. E. If the board is satisfied that an applicant meets the requirements of this section, the board shall issue a license to the applicant.
E. F. The board, by rule, shall establish communication proficiency requirements related to an applicant's ability to protect health and safety in connection with the practice of massage therapy.
F. G. Subject to the board's approval, the executive director may issue licenses to applicants who meet the requirements of this chapter.
G. H. The board may deny an application for a license if the applicant committed an act that would subject a person licensed under this chapter to disciplinary action.
Sec. 22. Section 36-754, Arizona Revised Statutes, is amended to read:
36-754. Licensing of midwives; renewal of license; fingerprint clearance card
A. The director shall grant a midwife's license to a person meeting who meets the qualifications prescribed by this article and rules adopted pursuant to this article and paying who pays the applicable fees.
B. A license is valid for two years and may be renewed biennially on application to the director and payment of applicable fees.
C. A person shall file an application for renewal at least thirty days and no not more than sixty days before the expiration date of the current license.
D. Beginning January 1, 2023, an applicant for initial licensure or license renewal pursuant to this article shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
Sec. 23. Section 36-1923, Arizona Revised Statutes, is amended to read:
36-1923. Hearing aid dispensers; licensure requirements; fingerprint clearance card; examination
A. An applicant for a hearing aid dispenser license shall pay to the director a nonrefundable application fee and shall show to the satisfaction of the director that the applicant:
1. Is a person of good moral character.
2. Has an education equivalent to a four-year course in an accredited high school or has continuously engaged in the practice of fitting and dispensing hearing aids during the three years preceding August 11, 1970.
3. Has not had the applicant's license revoked or suspended by a state within the past preceding two years and is presently not ineligible for licensure in any state due to prior revocation or suspension.
B. An applicant for a hearing aid dispenser license who is notified by the director that the applicant has fulfilled the requirements of subsection A of this section shall appear to be examined by written and practical tests as designated by the director in order to demonstrate that the applicant is qualified to practice the fitting and dispensing of hearing aids.
C. Beginning January 1, 2023, an applicant for initial licensure or license renewal pursuant to this article shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
C. D. The director shall give at least two and not exceeding more than four examinations of the type described in this section in each calendar year unless there is an insufficient number of applicants for the second annual examination.
Sec. 24. Section 36-1926, Arizona Revised Statutes, is amended to read:
36-1926. Temporary license; sponsorship; termination of sponsorship
A. An applicant who fulfills the requirements of section 36-1923, subsection subsections A and C may apply to the director for a temporary license.
B. On receiving an application as provided by subsection A of this section, accompanied by an application fee and proof of sponsorship, the director shall issue a temporary license. A temporary license allows the licensee to practice the fitting and dispensing of hearing aids for a twelve-month period.
C. An applicant shall provide proof to the satisfaction of the director that the applicant is or will be supervised and trained for fitting and dispensing activities by a sponsor licensed pursuant to this chapter.
D. A sponsor may terminate sponsorship at any time and for any reason. The director shall not review the reasons for the termination. A temporary license terminates on the date that the director receives notice from the sponsor that the sponsor is terminating sponsorship. This notice shall be accompanied by documentation that the sponsor has notified the licensee of the termination. The director shall prescribe by rule how the sponsor shall document this notification of termination. A person whose license is terminated shall apply for a new temporary license as prescribed by this section and shall not practice until granted a license.
E. A temporary licensee shall take an examination within six months after issuance of a temporary license. If the person takes and fails the examination, the person may renew the temporary license once before the temporary license expires. The person shall take the next examination following the issuance of the renewal license.
F. The director may revoke or suspend a temporary license in the same manner and for the same reasons as prescribed pursuant to section 36-1934.
G. The director may deny an application for a temporary license if the applicant has previously held a temporary license and renewed the temporary license.
Sec. 25. Section 36-1940, Arizona Revised Statutes, is amended to read:
36-1940. Audiologists; licensure requirements; fingerprint clearance card
A. A person who wishes to be licensed as an audiologist shall:
1. Submit a nonrefundable application fee as prescribed by section 36-1908.
2. Submit evidence satisfactory to the director that the applicant has:
(a) A doctoral degree with an emphasis in audiology from a nationally or regionally accredited college or university in an accredited program consistent with the standards of this state's universities.
(b) Completed supervised clinical rotations in audiology from a nationally or regionally accredited college or university in an accredited program consistent with the standards of this state's universities.
3. Pass an examination pursuant to section 36-1902, subsection G. The applicant must have completed the examination within three years before the date of application for licensure pursuant to this article.
4. Be of good moral character.
5. Not have had a license revoked or suspended by a state within the past preceding two years and not be presently ineligible for licensure in any state because of a prior revocation or suspension.
B. A person who has a doctoral degree in audiology and who wishes to be licensed as an audiologist to fit and dispense hearing aids shall:
1. Submit a nonrefundable application fee as prescribed by section 36-1908.
2. Submit evidence satisfactory to the director that the applicant has:
(a) A doctoral degree with an emphasis in audiology from a nationally or regionally accredited college or university in a program consistent with the standards of this state's universities.
(b) Completed supervised clinical rotations in audiology from a nationally or regionally accredited college or a university in an accredited program that is consistent with the standards of this state's universities.
3. Pass an examination pursuant to section 36-1902, subsection G. The applicant must have completed the examination within three years before the date of application for licensure pursuant to this article.
4. Pass an examination approved by the director in jurisprudence and ethics related to this chapter within six months after initial licensure. The director shall offer the examination at least four times each calendar year.
5. Be of good moral character.
6. Not have had a license revoked or suspended by a state within the past preceding two years and not be presently ineligible for licensure in any state because of a prior revocation or suspension.
C. A person who wishes to be licensed as an audiologist to fit and dispense hearing aids and who was awarded a master's degree in audiology before December 31, 2007 must:
1. Submit a nonrefundable application fee as prescribed pursuant to section 36-1908.
2. Submit evidence satisfactory to the director that the applicant meets the requirements prescribed in section 36-1940.02, subsection C for a waiver of the educational and clinical rotation requirements of this article.
3. Pass an audiology examination pursuant to section 36-1902, subsection E. The applicant must have completed the examination within three years before the date of application for licensure pursuant to this article unless the applicant is currently practicing audiology and meets the audiology examination waiver requirements of section 36-1940.02, subsection D.
4. Pass the hearing aid dispenser's examination pursuant to section 36-1924.
5. Be of good moral character.
6. Not have had a license to practice as an audiologist or hearing aid dispenser revoked or suspended by another state within the past preceding two years and not currently be ineligible for licensure in any state because of a prior revocation or suspension.
D. The director shall adopt rules prescribing criteria for approved postgraduate professional experience.
E. Beginning January 1, 2023, an applicant for initial licensure or license renewal pursuant to this section shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
Sec. 26. Section 36-1940.01, Arizona Revised Statutes, is amended to read:
36-1940.01. Speech-language pathologists; licensure requirements; fingerprint clearance card
A. A person who wishes to be licensed as a speech-language pathologist shall:
1. Submit a nonrefundable application fee as prescribed by section 36-1908.
2. Submit evidence satisfactory to the director that the applicant has:
(a) A master's degree in speech-language pathology or the equivalent from a nationally or regionally accredited college or university in a program consistent with the standards of this state's universities.
(b) Completed a supervised clinical practicum in speech-language pathology from a nationally or regionally accredited college or university in a program consistent with the standards of this state's universities.
(c) Completed postgraduate professional experience in the field of speech-language pathology approved by the director.
3. Pass an examination pursuant to section 36-1902, subsection G.
4. Be of good moral character.
5. Not have had a license revoked or suspended by a state within the past preceding two years and not be presently ineligible for licensure in any state because of a prior revocation or suspension.
B. A person who wishes to be licensed as a speech-language pathologist whose practice is limited to providing services to pupils under the authority of a local education agency or state supported state-supported institution shall:
1. Submit a nonrefundable application fee as provided by section 36-1908.
2. Submit proof of an employee or contractor relationship with a local education agency or a state supported state-supported institution.
3. Hold a certificate in speech and language therapy awarded by the state board of education.
C. The director shall adopt rules prescribing criteria for approved postgraduate professional experience.
D. Beginning January 1, 2023, an applicant for initial licensure or license renewal pursuant to this article shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
Sec. 27. Section 36-1940.04, Arizona Revised Statutes, is amended to read:
36-1940.04. Speech-language pathology assistants; licensure requirements; scope of practice; supervision
A. A person who wishes to be licensed as a speech-language pathology assistant shall:
1. Submit a nonrefundable application fee as prescribed by section 36-1908.
2. Submit written evidence satisfactory to the director that the applicant has completed:
(a) An approved training program for speech-language pathology assistants or the equivalent from a nationally or regionally accredited college or university that consisted of a minimum of sixty semester credit hours of coursework with the following curriculum content:
(i) Twenty to forty semester credit hours of general education or a bachelor's degree.
(ii) Twenty to forty semester credit hours of speech-language pathology technical coursework.
(b) A minimum of one hundred hours of clinical interaction that does not include observation, under the supervision of a licensed master's level speech-language pathologist.
3. Be of good moral character.
4. Beginning January 1, 2023, possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
4. 5. Not have had a license revoked or suspended by a state within the past preceding two years and not be presently ineligible for licensure in any state because of a prior revocation or suspension.
B. The director may waive the requirements of subsection A, paragraph 2 of this section if the applicant holds certification as a speech-language pathology assistant from a nationally recognized speech-language hearing association approved by the department in the field for which the applicant is applying for licensure.
C. A speech-language pathology assistant may do the following under the supervision of a licensed speech-language pathologist:
1. Conduct speech and language screenings without interpretation, using screening protocols specified by the supervising speech-language pathologist.
2. Provide direct treatment assistance, including feeding for nutritional purposes to patients, clients or students except for patients, clients or students with dysphagia, identified by the supervising speech-language pathologist by following written treatment plans, individualized education programs, individual support plans or protocols developed by the supervising speech-language pathologist.
3. Document patient, client or student progress toward meeting established objectives as stated in the treatment plan, individual support plan or individualized education program without interpreting the findings, and report this information to the supervising speech-language pathologist.
4. Assist the speech-language pathologist in collecting and tallying data for assessment purposes, without interpreting the data.
5. Act as a second-language interpreter during assessments.
6. Assist with informal documentation during an intervention session by collecting and tallying data as directed by the speech-language pathologist, preparing materials and assisting with other clerical duties as specified by the supervising speech-language pathologist.
7. Schedule activities and prepare charts, records, graphs or other displays of data.
8. Perform checks and maintenance of equipment.
9. Participate with the speech-language pathologist in research projects, in-service training and public relations programs.
10. Sign and initial treatment notes for review and cosignature by the supervising speech-language pathologist.
D. A speech-language pathology assistant shall not:
1. Conduct swallowing screening, assessment and intervention protocols, including modified barium swallow studies.
2. Administer standardized or nonstandardized diagnostic tests or formal or informal evaluations or interpret test results.
3. Participate in parent conferences, case conferences or any interdisciplinary team meeting without the presence of the supervising speech-language pathologist, except for individualized education program or individual support plan meetings if the licensed speech-language pathologist has been excused by the individualized education program team or the individual support plan team.
4. Write, develop or modify a patient's, client's or student's treatment plan, individual support plan or individualized education program in any way.
5. Provide intervention for patients, clients or students without following the treatment plan, individual support plan or individualized education program prepared by the supervising speech-language pathologist.
6. Sign any formal documents, including treatment plans, individual support plans, individualized education programs, reimbursement forms or reports.
7. Select patients, clients or students for services.
8. Discharge patients, clients or students from services.
9. Unless required by law, disclose clinical or confidential information orally or in writing to anyone who is not designated by the speech-language pathologist.
10. Make a referral for any additional service.
11. Communicate with the patient, client or student or with family or others regarding any aspect of the patient, client or student status without the specific consent of the supervising speech-language pathologist.
12. Claim to be a speech-language pathologist.
13. Write a formal screening, diagnostic, progress or discharge note.
14. Perform any task without the express knowledge and approval of the supervising speech-language pathologist.
E. All services provided by a speech-language pathology assistant shall be performed under the direction and supervision of a speech-language pathologist who is licensed pursuant to this chapter.
F. A licensed speech-language pathologist who supervises or directs the services provided by a speech-language pathology assistant shall:
1. Have at least two years of full-time professional experience as a licensed speech-language pathologist.
2. Provide direction and supervision to not more than two full-time or three part-time speech-language pathology assistants at one time.
3. Ensure that the amount and type of supervision and direction provided to a speech-language pathology assistant is consistent with the individual's skills and experience, the needs of the patient, client or student served, the setting in which services are provided and the tasks assigned and provide:
(a) At least twenty percent direct supervision and ten percent indirect supervision of all the time that the speech-language pathology assistant is providing services during the individual's first ninety days of employment. After the first ninety days of the speech-language pathology assistant's employment, the supervising speech-language pathologist may adjust the amount of supervision if the supervising speech-language pathologist determines that the speech-language pathology assistant meets appropriate competencies and skill levels regarding various disorders of communication and related disorders. Minimum ongoing supervision after the first ninety days shall include documentation of direct and indirect supervision provided by the supervising speech-language pathologist and shall include at least one hour of direct supervision weekly and as much indirect supervision as needed to maintain the delivery of quality services. Minimum ongoing supervision after the first ninety days shall include documentation by the supervising speech-language pathologist of the supervisor's direct contact with at least ten percent of the speech-language pathology assistant's patients, clients or students served each quarter. The supervising speech-language pathologist shall ensure that the ten percent direct client contact varies each quarter. The supervising speech-language pathologist shall require direct supervision of a speech-language pathology assistant when services are provided to a medically fragile individual.
(b) At least ten percent direct supervision and ten percent indirect supervision of all the time that the speech-language pathology assistant is providing services during the individual's first thirty days of employment if the speech-language pathology assistant completed supervision pursuant to subdivision (a) of this paragraph at a previous employer and provides documentation of that supervision to the supervising speech-language pathologist. After the first thirty days of the speech-language pathology assistant's employment, the supervising speech-language pathologist may adjust the amount of supervision if the supervising speech-language pathologist determines that the speech-language pathology assistant meets appropriate competencies and skill levels regarding various disorders of communication and related disorders. Minimum ongoing supervision after the first thirty days of employment shall include documentation of direct and indirect supervision provided by the supervising speech-language pathologist and shall include at least one hour of direct supervision weekly and as much indirect supervision as needed to maintain the delivery of quality services. Minimum ongoing supervision after the first ninety days shall include documentation by the supervising speech-language pathologist of the supervisor's direct contact with at least ten percent of the speech-language pathology assistant's patients, clients or students served each quarter. The supervising speech-language pathologist shall ensure that the ten percent direct client contact varies each quarter. The supervising speech-language pathologist shall require direct supervision of a speech-language pathology assistant when services are provided to a medically fragile individual.
4. Inform a patient, client or student when the services of a speech-language pathology assistant are being provided.
5. Document all periods of direct supervision and indirect supervision provided to a speech-language pathology assistant.
G. If more than one speech-language pathologist provides supervision to a speech-language pathology assistant, one of the speech-language pathologists shall be designated as the primary supervisor who is responsible for coordinating any supervision provided by other speech-language pathologists.
Sec. 28. Section 41-619.51, Arizona Revised Statutes, 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, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, or the state board of technical registration, the state board of chiropractic examiners, the Arizona medical board, the naturopathic physicians medical board, the Arizona state board of nursing, the state board of dispensing opticians, the state board of optometry, the Arizona board of osteopathic examiners in medicine and surgery, the Arizona regulatory board of physician assistants, the board of homeopathic and integrated medicine examiners, the board of behavioral health examiners, the board of respiratory care examiners, the acupuncture board of examiners or the board of massage therapy.
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 32-823.
(w) Section 32-921.
(w) (x) Section 32-1232.
(x) (y) Section 32-1276.01.
(y) (z) Section 32-1284.
(z) (aa) Section 32-1297.01.
(bb) Section 32-1422.
(cc) Section 32-1524.
(dd) Section 32-1606.
(ee) Section 32-1683.
(ff) Section 32-1730.
(gg) Section 32-1822.
(aa) (hh) Section 32-1904.
(bb) (ii) Section 32-1941.
(cc) (jj) Section 32-1982.
(dd) (kk) Section 32-2022.
(ee) (ll) Section 32-2063.
(ff) (mm) Section 32-2108.01.
(gg) (nn) Section 32-2123.
(hh) (oo) Section 32-2371.
(pp) Section 32-2521.
(qq) Section 32-2812.
(rr) Section 32-2912.
(ss) Section 32-3280.
(ii) (tt) Section 32-3430.
(uu) Section 32-3504.
(jj) (vv) Section 32-3620.
(kk) (ww) Section 32-3668.
(ll) (xx) Section 32-3669.
(yy) Section 32-3922.
(zz) Section 32-3924.
(mm) (aaa) Section 32-4128.
(bbb) Section 32-4222.
(nn) (ccc) Section 36-113.
(oo) (ddd) Section 36-207.
(pp) (eee) Section 36-411.
(qq) (fff) Section 36-425.03.
(rr) (ggg) Section 36-446.04.
(ss) (hhh) Section 36-594.01.
(tt) (iii) Section 36-594.02.
(jjj) Section 36-754.
(uu) (kkk) Section 36-766.01.
(vv) (lll) Section 36-882.
(ww) (mmm) Section 36-883.02.
(xx) (nnn) Section 36-897.01.
(yy) (ooo) Section 36-897.03.
(ppp) Section 36-1923.
(qqq) Section 36-1940.
(rrr) Section 36-1940.01.
(sss) Section 36-1940.04.
(zz) (ttt) Section 36-3008.
(aaa) (uuu) Section 41-619.53.
(bbb) (vvv) Section 41-1964.
(ccc) (www) Section 41-1967.01.
(ddd) (xxx) Section 41-1968.
(eee) (yyy) Section 41-1969.
(fff) (zzz) Section 41-2814.
(ggg) (aaaa) Section 46-141, subsection A or B.
(hhh) (bbbb) Section 46-321.
Sec. 29. Section 41-1758, Arizona Revised Statutes, 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, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, or the state board of technical registration, the state board of chiropractic examiners, the Arizona medical board, the naturopathic physicians medical board, the Arizona state board of nursing, the state board of dispensing opticians, the state board of optometry, the Arizona board of osteopathic examiners in medicine and surgery, the Arizona regulatory board of physician assistants, the board of homeopathic and integrated medicine examiners, the board of behavioral health examiners, the board of respiratory care examiners, the acupuncture board of examiners or the board of massage therapy.
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 32-823.
(v) Section 32-921.
(v) (w) Section 32-1232.
(w) (x) Section 32-1276.01.
(x) (y) Section 32-1284.
(y) (z) Section 32-1297.01.
(aa) Section 32-1422.
(bb) Section 32-1524.
(cc) Section 32-1606.
(dd) Section 32-1683.
(ee) Section 32-1730.
(ff) Section 32-1822.
(z) (gg) Section 32-1904.
(aa) (hh) Section 32-1941.
(bb) (ii) Section 32-1982.
(cc) (jj) Section 32-2022.
(dd) (kk) Section 32-2063.
(ee) (ll) Section 32-2108.01.
(ff) (mm) Section 32-2123.
(gg) (nn) Section 32-2371.
(oo) Section 32-2521.
(pp) Section 32-2812.
(qq) Section 32-2912.
(rr) Section 32-3280.
(hh) (ss) Section 32-3430.
(tt) Section 32-3504.
(ii) (uu) Section 32-3620.
(jj) (vv) Section 32-3668.
(kk) (ww) Section 32-3669.
(xx) Section 32-3922.
(yy) Section 32-3924.
(ll) (zz) Section 32-4128.
(aaa) Section 32-4222.
(mm) (bbb) Section 36-113.
(nn) (ccc) Section 36-207.
(oo) (ddd) Section 36-411.
(pp) (eee) Section 36-425.03.
(qq) (fff) Section 36-446.04.
(rr) (ggg) Section 36-594.01.
(ss) (hhh) Section 36-594.02.
(iii) Section 36-754.
(tt) (jjj) Section 36-766.01.
(uu) (kkk) Section 36-882.
(vv) (lll) Section 36-883.02.
(ww) (mmm) Section 36-897.01.
(xx) (nnn) Section 36-897.03.
(ooo) Section 36-1923.
(ppp) Section 36-1940.
(qqq) Section 36-1940.01.
(rrr) section 36-1940.04.
(yy) (sss) Section 36-3008.
(zz) (ttt) Section 41-619.52.
(aaa) (uuu) Section 41-619.53.
(bbb) (vvv) Section 41-1964.
(ccc) (www) Section 41-1967.01.
(ddd) (xxx) Section 41-1968.
(eee) (yyy) Section 41-1969.
(fff) (zzz) Section 41-2814.
(ggg) (aaaa) Section 46-141, subsection A or B.
(hhh) (bbbb) Section 46-321.
6. "Vulnerable adult" has the same meaning prescribed in section 13-3623.
Sec. 30. 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, 32-823, 32-921, 32-1232, 32-1276.01, 32-1284, 32-1297.01, 32-1422, 32-1524, 32-1606, 32-1683, 32-1730, 32-1822, 32-1904, 32-1941, 32-1982, 32-2022, 32-2063, 32-2108.01, 32-2123, 32-2371, 32-2521, 32-2812, 32-2912, 32-3280, 32-3430, 32-3504, 32-3620, 32-3668, 32-3669, 32-3922, 32-3924, 32-4128, 32-4222, 36-113, 36-207, 36-411, 36-425.03, 36-446.04, 36-594.01, 36-594.02, 36-754, 36-766.01, 36-882, 36-883.02, 36-897.01, 36-897.03, 36-1923, 36-1940, 36-1940.01, 36-1940.04, 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. 31. Effective date
This act is effective from and after December 31, 2022.