House Engrossed

mental health inquiry; prohibition

State of Arizona

House of Representatives

Fifty-seventh Legislature

First Regular Session

2025

CHAPTER 25

HOUSE BILL 2173

AN ACT

Amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding section 32-3223.01; Amending title 32, Chapter 48, Arizona Revised Statutes, by adding article 2; relating to professions and occupations.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3223.01, to read:

START_STATUTE32-3223.01. Health profession regulatory board; mental health inquiry; prohibition; definition

A. A health profession regulatory board may not include any question on an application for a license, permit, certificate or endorsement that requests information about whether the applicant has sought mental health assistance or received a mental health diagnosis or treatment. The health profession regulatory board may ask if the applicant is currently under a regulatory entity's order in another state for the monitoring of a health condition, including substance abuse.  The applicant is not required to respond if the monitoring is part of a confidential program.

B. For the purposes of this section, "health profession regulatory board" includes the department of health services relating to health professionals who are regulated by the department. END_STATUTE

Sec. 2. Title 32, chapter 48, Arizona Revised Statutes, is amended by adding article 2, to read:

ARTICLE 2. NONHEALTH PROFESSIONS AND

OCCUPATIONS REGULATORY BOARDS

START_STATUTE32-4821. Licensing authorities; mental health inquiry; prohibition; definition

A. A Licensing authority may not include any question on an application for a license, permit, certificate or registration that requests information about WHETHER the applicant has sought mental health assistance or received a mental health diagnosis or treatment. The licensing authority may ask if the applicant is currently under a regulatory entity's order in another state for the monitoring of a health condition, including substance abuse. The applicant is not required to respond if the monitoring is part of a confidential program.

b. For the purposes of this SECTION, "licensing authority" MEANS any agency, department, board or commission of this state that issues a license, permit, certificate or registration pursuant to this title to an individual who provides a service to any person. Licensing authority does not mean:

1. an entity that issues LICENSES PURSUANT to chapter 40 of this title.

2. a health profession regulatory board as defined in section 32-3201. END_STATUTE

APPROVED BY THE GOVERNOR MARCH 31, 2025.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 31, 2025.