ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: HHS DPA 9-1-0-0 |APPROP DPA 17-0-0-0

HB 2494: nursing board; licensure; appropriation

Sponsor: Representative Bliss, LD 1

House Engrossed

Overview

Appropriates $100,000 and one FTE position from the Arizona Board of Nursing (AZBN) Fund to AZBN to provide expedited licenses and certificates to out-of-state Advanced Practice Registered Nurses (APRN) or Registered Nurses (RN). Establishes criteria that APRNs and RNs must meet to receive an expedited license or certificate.

History

Established in 1921, AZBN was created to regulate the practice of nursing in Arizona. AZBN duties include: 1) issuing and renewing licenses and certificates to qualified applicants; 2) investigating complaints; 3) administering disciplinary actions for violations of statutes and rules; 4) approving nursing education programs; and 5) providing information to the public about licensees and certificate holders.

APRNs are either registered nurse practitioners, certified nurse midwives, certified nurse anesthetists or clinical nurse specialists certified by AZBN (A.A.C. R4-19-101). A RN or professional nurse means a person who practices registered nursing and holds an issued license pursuant to state laws, regulations and multistate compact privileges (A.R.S. § 32-1601).

An applicant for a license to practice as a RN must file with AZBN a verified written application accompanied by the prescribed fee and must submit satisfactory proof that: 1) the applicant has completed satisfactorily the basic curriculum in an approved RN program and holds a diploma or degree from that program; 2) the applicant, if convicted of one or more felonies, has received an absolute discharge from the sentences for all felony convictions three or more years before the date of filing an application; and 3) if the applicant has been convicted of a felony, the court has entered judgement of conviction for a class 1 misdemeanor (A.R.S. § 32-1632).

Time frames for each type of licensure, certification or approval issued by AZBN are pursuant to the licensing time frame statutes and described in rule (A.A.C. R4-19-102).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires AZBN to issue licenses or certificates to out-of-state APRNs or RNs within five business days after receipt of an application and the fees required from a person who meets the outlined criteria. (Sec. 2)

2.   Outlines criteria that out-of-state APRNs and RNs must meet to receive an expedited license or certificate as follows:

a)   hold a current license or certificate to practice in at least one other state or territory of the United States (US) and be in good standing in all states or US territories;

b)   has not had a license or certificate revoked and has not voluntarily surrendered the license or certificate in any other state or US territory while under investigation by a licensing entity;

c) provides proof of a valid and unencumbered license or certificate in another state or US territory through board review of a national nurse license verification system or by another manner determined by AZBN as sufficient proof the person is in good standing with all licensing entities;

d)   has had discipline imposed by any licensing entity in another state or territory and AZBN has determined that the matter has been resolved;

e)   does not have a complaint or investigation pending before another licensing entity in another state or US territory;

f) provides proof of having a federal criminal background check already completed by another state or US territory licensing entity; and

g)   is an Arizona resident or attests in the application that the person is physically working or has accepted an offer to physically work in this state. (Sec. 2)

3.   Prohibits AZBN, if AZBN determines a matter has not been resolved by another jurisdiction, from issuing or denying a license or certificate until the matter is resolved and any discipline imposed has been completed. (Sec. 2)

4.   Instructs AZBN, if an applicant has any complaint or investigation pending, to suspend the application process and not issue or deny a license or certificate to the applicant until the complaint or investigation is resolved. (Sec. 2)

5.   Requires AZBN to accept another state or US territory licensing entity's requirement for a federal criminal background check before issuing a license or certificate as sufficient proof that the person has completed a federal criminal background check. (Sec. 2)

6.   Requires AZBN to acknowledge by written or oral communication to the applicant for an expedited license or certificate the date of receipt of the application. (Sec. 2)

7.   Requires AZBN within five days to provide either of the following to the applicant:

a)   a notice of licensure or certification approval; or

b)   a written explanation of reasons the applicant is not eligible for expedited licensure or certification. (Sec. 2)

8.   Requires AZBN to further investigate the application as necessary to determine if the applicant can be licensed or certified. (Sec. 2)

9.   Specifies that a person who received an expedited license or certificate by AZBN is subject to the laws regulating the person's practice in this state and AZBNs jurisdiction. (Sec. 2)

10.  States that an expedited issued license or certificate is valid only in this state. (Sec. 2)

11.  Asserts that an expedited license or certificate allows a person to practice as an APRN or RN in Arizona and is valid until the license or certificate is required to be renewed.        (Sec. 2)

12.  Waives any fees that are required to provide the expedited licenses or certificates to veterans and spouses of active-duty military members. (Sec. 2)

13.  Specifies that if a qualified candidate cannot be identified within 90 days after a vacancy occurs then a registered nurse may be appointed to fulfill the two public or two licensed practical nurse positions on the AZBN board. (Sec. 1)

14.  Appropriates $100,000 and one FTE from the AZBN Fund in FY 2025 to AZBN for providing expedited licenses and certificates to APRNs and RNs. (Sec. 3)

15.  Exempts the appropriation from lapsing. (Sec. 3)

16.  Defines licensing entity. (Sec. 2)

17.  Makes technical changes. (Sec. 1, 2)

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21.                    HB 2494

22.  Initials AG           Page 0 House Engrossed

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