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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
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HB 2133: nurses; provisional licensure
Sponsor: Representative Bliss, LD 1
Committee on Health & Human Services
Overview
Requires the Arizona State Board of Nursing (AZBN) to issue a provisional license or certificate to an out-of-state advanced practice registered nurse (APRN) or registered nurse (RN) within five business days after receiving an application and any associated fees if certain criteria are met.
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). An 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 an 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).
AZBN may issue a license to practice registered nursing to an applicant who has been duly licensed or registered as an RN in another state or a territory of the United States (U.S.), if in the opinion of the board, the applicant meets the qualifications required of an RN in this state. AZBN is prohibited from issuing a license to an applicant that has one or more felony convictions and has not received an absolute discharge from the sentences for all felony convictions that are three or more years before the date of filing an application (A.R.S. § 32-1634).
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. Requires AZBN to issue a provisional license or certificate to an out-of-state APRN or RN within five business days after receiving an application and any related fees if the person:
a) holds an APRN or RN license or certificate to practice in at least one other U.S. state or territory that is in good standing in all states and territories in which the person is licensed to practice;
b) provides proof of a valid and unencumbered license or certificate in another state or U.S. territory through board review of a national nurse license verification system or in another manner determined by the AZBN as sufficient proof that the person is in good standing with all licensing entities;
c) has not had a license or certificate revoked or voluntarily surrendered the license or certificate in any other state or U.S. territory while under investigation by a licensing entity;
d) has had discipline imposed by any licensing entity in another state or U.S. territory and the 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 U.S. territory;
f) 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; and
g) has submitted a full set of fingerprints for the purpose of obtaining a state and federal criminal records check. (Sec. 1)
2. Allows the Arizona Department of Public Safety to exchange the fingerprint data with the Federal Bureau of Investigation. (Sec. 1)
3. Prohibits AZBN, if it determines a matter has not been resolved by another jurisdiction, from issuing or denying a provisional license or certificate until the matter is resolved and any discipline imposed has been completed. (Sec. 1)
4. Requires AZBN to suspend the application process and not issue or deny a provisional license or certificate to an applicant until all pending complaints or investigations are resolved. (Sec. 1)
5. Requires AZBN to acknowledge by written or oral communication to an applicant for a provisional license or certificate the date of receipt of the application. (Sec. 1)
6. Requires AZBN within five days to provide to an applicant either:
a) a notice of provisional licensure or certification approval; or
b) a written explanation of the reason or reasons the applicant is not eligible for provisional licensure or certification. (Sec. 1)
7. Requires AZBN to further investigate the application as necessary to determine if the applicant can be licensed or certified. (Sec. 1)
8. Subjects a person who receives a provisional license or certificate to the laws regulating APRN and RN practice in Arizona and to the jurisdiction of AZBN. (Sec. 1)
9. States that an issued provisional license or certificate is valid only in this state and allows the person to practice as an APRN or RN in Arizona. (Sec. 1)
10. Specifies that a provisional license or certificate:
a) becomes permanent six months after it is issued; and
b) is valid until the permanent license or certificate is required to be renewed. (Sec. 1)
11. Permits AZBN to terminate a provisional license or certificate within six months after receiving a completed application if it determines after receiving background and fingerprint report information or other information that there is a reasonable basis to require restriction or termination. (Sec. 1)
12. Requires AZBN to offer the provisional licensee or certificate holder the following options before termination:
a) to continue the provisional license or certificate on acceptance of remedial actions offered by AZBN; or
b) to accept the termination of the provisional license or certificate, which may not be classified as a revocation or denial for required reporting or if the applicant subsequently applies for a permanent license or certificate. (Sec. 1)
13. Waives any fees that are required to provide the provisional licenses or certificates to veterans and spouses of active-duty military members. (Sec. 1)
14. Defines licensing entity as a state's or territory's regulatory body that is responsible for regulating the practice of nursing and APRN. (Sec. 1)
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