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REFERENCE TITLE: nursing board; licensure; appropriation |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2494 |
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Introduced by Representative Bliss
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An Act
amending section 32-1602, Arizona Revised Statutes; amending title 32, chapter 15, article 2, Arizona Revised Statutes, by adding section 32-1634.05; appropriating monies; relating to the Arizona state board of nursing.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-1602, Arizona Revised Statutes, is amended to read:
32-1602. Board of nursing; member terms; immunity
A. The Arizona state board of nursing is established consisting of eleven members who are appointed by the governor. Six members shall be registered nurses, including at least one registered nurse practitioner, clinical nurse specialist or certified registered nurse anesthetist. One member shall be a nursing assistant or a nursing assistant educator. Two members shall represent the public and two members shall be licensed practical nurses, except that if a qualified candidate cannot be identified within ninety days after a vacancy occurs, a registered nurse may be appointed. Members shall be appointed for a term of five years, to begin and end on June 30.
B. Before appointment by the governor, a prospective member of the board shall submit a full set of fingerprints to the governor 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.
C. On or before May 1 each year and at any other time a vacancy on the board occurs, the governor shall make an appointment or appointments to the board. An appointment to fill a vacancy other than by expiration shall be for the unexpired term. A person shall not serve more than two consecutive terms as a member of the board.
D. The governor may remove any person from the board for neglect of any duty imposed by law or for incompetency or unprofessional or dishonorable conduct.
E. A board member's term automatically ends:
1. On the death of the member.
2. On the member's written resignation submitted to the board president or to the governor.
3. On the member's failure to attend three consecutive board meetings.
F. A board member who acts within the scope of board duties, without malice and in the reasonable belief that the member's action is warranted by law is not subject to civil liability.
Sec. 2. Title 32, chapter 15, article 2, Arizona Revised Statutes, is amended by adding section 32-1634.05, to read:
32-1634.05. Expedited licensure or certification; notification; jurisdiction; validity
A. the board shall issue a license or certificate to an advanced practice registered nurse or a registered nurse within five business days after receipt of an application from a person to whom all of the following apply:
1. The person holds a current license or certificate to practice as an advanced practice registered nurse or a registered nurse in at least one other state or territory of the United States and the license or certificate is in good standing in all states and territories of the United States in which the person holds a license or certificate.
2. The person provides proof of a valid and unencumbered license or certificate in another state or territory of the United States through board review of a national nurse license verification system or by another manner determined by the board as sufficient proof that the person is in good standing with all professional licensing entities that have issued the person a license or certificate.
3. The person has not had a license or certificate revoked and has not voluntarily surrendered a license or certificate in any other state or territory of the United States while under investigation for unprofessional conduct.
4. If the person has had discipline imposed by any professional licensing entity in another state or territory, the board determines that the matter has been resolved. If the matter has not been resolved by that jurisdiction, the board may not issue or deny a license or certificate until the matter is resolved and any discipline imposed has been completed.
5. The person does not have a complaint, allegation or investigation pending before another professional licensing entity in another state or territory of the United States that relates to unprofessional conduct. If an applicant has any complaint, allegation or investigation pending, the board shall suspend the application process and may not issue or deny a license or certificate to the applicant until the complaint, allegation or investigation is resolved.
6. The person provides proof of having a federal background check already completed by another state or territory professional licensing entity. The board shall accept another state or territory professional licensing entity's requirement for a background check before issuing a license or certificate as sufficient proof that the person has completed a background check.
7. The person is a resident of this state or is physically working or has accepted an offer to physically work in this state.
B. The board shall acknowledge by written or oral communication to the applicant for an expedited license or certificate the date of receipt of the application for expedited licensure or certification pursuant to this section. Within five business days after receipt of the application, the board shall provide to the applicant a notice of licensure or certification approval or a written explanation of reasons the applicant is not eligible for expedited licensure or certification.
C. A person who is licensed or certified pursuant to this section is subject to the laws regulating the person's practice in this state and is subject to the board's jurisdiction.
D. A license or certificate issued pursuant to this section is valid only in this state.
E. A license or certificate issued pursuant to this section allows a person to practice as an advanced practice registered nurse or a registered nurse in this state and is valid until the license or certificate is required to be renewed pursuant to this article.
Sec. 3. Appropriation; Arizona state board of nursing; exemption
A. The sum of $100,000 and one FTE are appropriated from the board of nursing fund established pursuant to section 32-1611, Arizona Revised Statutes, in fiscal year 2024-2025 to the Arizona state board of nursing for the purposes of section 32-1634.05, Arizona Revised Statutes, as added by this act.
B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.