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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
House: HHS DP 12-0-0-0 |
HB 2133: nurses; provisional licensure
Sponsor: Representative Bliss, LD 1
House Engrossed
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), registered nurse (RN) or licensed practical nurse (LPN) 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. An LPN is a person who holds a practical nurse license pursuant to a multistate compact privilege and practices practical nursing (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, RN or LPN license or certificate to practice in at least one other state 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 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, denied or voluntarily surrendered the license or certificate in any state;
d) does not have a complaint or investigation pending before a licensing entity in any state;
e) 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
f) has submitted a full set of fingerprints for the purpose of obtaining a state and federal criminal records check. (Sec. 1)
2. Specifies that an out-of-state APRN, RN or LPN can be issued a provisional license or certificate from the Board if the person includes a sworn declaration attesting to the completeness and veracity of all the applicable requirements. (Sec. 1)
3. Allows the Arizona Department of Public Safety to exchange the fingerprint data with the Federal Bureau of Investigation. (Sec. 1)
4. Exempts the Board from the five day-issuing timeframe and allows them to determine whether the person can safely practice nursing in Arizona if the out-of-state APRN, RN or LPN:
a) has a pending complaint or investigation; or
b) has had discipline imposed by any licensing entity. (Sec. 1)
5. 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)
6. 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)
7. 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)
8. 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)
9. Requires AZBN to further investigate the application as necessary to determine if the applicant can be licensed or certified. (Sec. 1)
10. Subjects a person who applies or receives a provisional license or certificate to the laws regulating APRN and RN practice in Arizona and to the jurisdiction of AZBN. (Sec. 1)
11. States that an issued provisional license or certificate is valid only in this state and allows the person to practice as an APRN, LPN or RN in Arizona. (Sec. 1)
12. Specifies that a provisional license or certificate:
a) may be converted to a regular, single-state license or certificate six months after it is issued; and
b) is valid until the regular license or certificate is required to be renewed. (Sec. 1)
13. 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)
14. Waives any fees that are required to provide the provisional licenses or certificates to veterans and spouses of active-duty military members. (Sec. 1)
15. Defines licensing entity and resident. (Sec. 1)
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