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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: RAGE DP 4-3-0-0 | 3rd Read 16-13-1-0 |
SB 1235: health profession regulatory boards; membership
Sponsor: Senator Shamp, LD 29
Committee on Commerce
Overview
Restructures the statutory membership of various health profession regulatory boards and Creates the Health Profession Regulatory Board Oversight Council.
History
A health board is any board that regulates one or more health professional in Arizona. The primary purpose of a health board is to protect the public from unlawful, incompetent, unqualified, impaired or unprofessional conduct by practitioners of certain health occupations and professionals. In order for an individual to practice or perform a regulated health occupation or profession or use certain occupational or professional titles in Arizona, a person must meet certain qualifications and apply to the designated health board for the license, certificate or authorization (Title 32 and Title 36, A.R.S.).
Provisions
Health Profession Regulatory Board Restructure
1. Adds, for the following Boards, a stipulation that if:
a) the Governor fails to fill a public member vacancy within one year after the position becomes vacant, the Board may fill the public member position by a majority vote; and
b) the Senate fails to confirm or reject an appointee within one year after the Governor's appointment, the appointee is deemed confirmed:
i. Podiatry Examiners; (Sec. 1)
ii. Chiropractic Examiners; (Sec. 2)
iii. Dental Examiners; (Sec. 3)
iv. Arizona Medical Board; (Sec. 4)
v. Naturopathic Physicians Medical Board; (Sec. 5)
vi. Nursing; (Sec. 6)
vii. Dispensing Opticians; (Sec. 7)
viii. Optometry; (Sec. 8)
ix. Osteopathic Examiners; (Sec. 9)
x. Pharmacy; (Sec. 10)
xi. Physical Therapy; (Sec. 11)
xii. Psychologist Examiners; (Sec. 12)
xiii. Arizona Regulatory Board of Physician Assistants; (Sec. 13)
xiv. Homeopathic and Integrated Medicine Examiners; (Sec. 15)
xv. Behavioral Health Examiners; (Sec. 16)
xvi. Occupational Therapy Examiners; (Sec. 17)
xvii. Respiratory Care Examiners; (Sec. 18)
xviii. Acupuncture Board of Examiners; (Sec. 19)
xix. Athletic Training; (Sec. 20)
xx. Massage Therapy; (Sec. 21)
xxi. Examiners of Nursing Care Institution Administrators and Assisted Living Facility Managers; (Sec. 22)
2. Restructures the membership of the following Boards by requiring that a specified number of members must be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice associated with such Board or have a valid license and are not currently practicing:
a) Podiatry Examiners; (Sec. 1)
b) Chiropractic Examiners; (Sec. 2)
c) Arizona Medical Board; (Sec. 4)
d) Naturopathic Physicians Medical Board; (Sec. 5)
e) Dispensing Opticians; (Sec. 7)
f) Optometry; (Sec. 8)
g) Osteopathic Examiners; (Sec. 9)
h) Physical Therapy; (Sec. 11)
i) Psychologist Examiners; (Sec. 12)
j) Homeopathic and Integrated Medicine Examiners; (Sec. 15)
k) Occupational Therapy Examiners; (Sec. 17)
l) Athletic Training; (Sec. 20)
3. Requires at least 50% of the licensed members of the following Boards to be members who never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice associated with such Board or have a valid license and are not currently practicing:
a) Arizona State Board of Nursing; (Sec. 6)
b) Arizona Regulatory Board of Physician Assistants; (Sec. 13)
c) Behavioral Health Examiners; (Sec. 16)
d) Respiratory Care Examiners; (Sec. 18)
e) Acupuncture Board of Examiners; (Sec. 19)
f) Massage Therapy; (Sec. 21)
g) Examiners of Nursing Care Institution Administrators and Assisted Living Facility Managers; (Sec. 22)
4. Decreases the number of members of the State Board of Dental Examiners from 11 members to 7 members and outlines the membership. (Sec. 3)
5. Increases the number of members of the State Board of Optometry from 7 members to 9 members and outlines the membership. (Sec. 8)
6. Modifies the membership of the Arizona State Board of Pharmacy to consist of 3 pharmacists, rather than 6, and 5 public members, rather than 2. (Sec. 10)
7. Modifies the membership of the State Board of Psychologist Examiners to include:
a) 1, rather than 2, licensed psychologist who is a full-time faculty member from an Arizona university with a psychology doctoral program;
b) 2, rather than 3, psychologists in professional practice; and
c) 1, rather than 2, behavioral analyst. (Sec. 12)
Health Profession Regulatory Board Oversight Council
8. Establishes the Health Profession Regulatory Board Oversight Council (Council) consisting of 3 members, each of whom is a current executive director of a health board and appointed by the Governor. (Sec. 14)
9. Requires the initial Council members to be appointed by January 1, 2026, for staggered three-year terms. (Sec. 14)
10. Restricts an executive director from serving on the Council for at least two full terms before reappointment. (Sec. 14)
11. Prohibits an executive director from refusing appointment to the Council. (Sec. 14)
12. Prohibits an executive director of a health profession regulatory board who is serving on the Council from reviewing or overseeing any matter relating to that executive director's health profession regulatory board. (Sec. 14)
13. Allows Council members to use their own health board staff and facilities to facilitate the business of the Council. (Sec. 14)
14. Outlines the Council's duties which include to review and approve or deny market-sensitive action taken or decisions made by a health profession regulatory board on or after January 1, 2026. (Sec. 14)
15. Defines market-sensitive action as actions or decisions by a health profession regulatory board that create barriers to market participation and restrict competition, including:
a) modifying examination passage scores;
b) adopting or modifying advertising restrictions;
c) changing fees or civil penalties;
d) expanding or restricting the scope of practice of licensee or certificate holder; and
e) demonstrating a pattern of disciplinary or discriminatory actions that create barriers to market participation. (Sec. 14)
16. Defines pertinent terms. (Sec. 14)
Miscellaneous
17. Instructs each health profession regulatory board to submit a report to the Executive and Legislature outlining the laws, rules and internal processes and outlines the contents of the report. (Sec. 23)
18. Provides legislative intent language relating to the reporting requirement. (Sec. 23)
19. Repeals the reporting requirement July 1, 2026. (Sec. 23)
20. Allows all persons serving as health profession regulatory board members to continue to serve until the expiration of their normal terms. (Sec. 24)
21. Requires the Governor to make subsequent appointments in accordance with the restructured health profession regulatory board membership. (Sec. 24)
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25. SB 1235
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