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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
health profession regulatory boards; membership
Purpose
Restructures the statutory membership of certain health profession regulatory boards (health board). Establishes the Health Board Oversight Council (Council) and outlines its powers and duties.
Background
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 (A.R.S. Title 32 and Title 36).
Statute outlines
the membership of the following health boards: 1) the Arizona State Board of
Podiatry Examiners (Podiatry Board) (A.R.S.
§ 32-802); 2) the Arizona Board of Chiropractic Examiners (Chiropractic
Board) (A.R.S.
§ 32-901); 3) the Arizona State Board of Dental Examiners (BODEX) (A.R.S.
§ 32-1203); 4) the Arizona Medical Board (AMB) (A.R.S.
§ 32-1402); 5) the Arizona Naturopathic Physicians Medical Board (Naturopathic Board) (A.R.S.
§ 32-1502); 6) the Arizona State Board of Nursing (AZBN) (A.R.S.
§ 32-1602); 7) the Arizona State Board of Dispensing Opticians (Dispensing Opticians Board) (A.R.S.
§ 32-1672); 8) the Arizona State Board of Optometry (Optometry Board) (A.R.S.
§ 32-1702); 9) the Arizona Board of Osteopathic Examiners in Medicine and
Surgery (ABOE) (A.R.S.
§ 32-1801); 10) the Arizona State Board of Pharmacy (ASPB) (A.R.S.
§ 32-1902); 11) the Arizona Board of Physical Therapy (Physical Therapy
Board) (A.R.S.
§ 32-2002); 12) the Arizona Board of Psychologist Examiners (Psychologist
Board) (A.R.S.
§ 32-2062); 13) the Arizona Regulatory Board of Physician Assistants (AZPA)
(A.R.S.
§ 32-2502); 14) the Arizona Board of Homeopathic and Integrated Medicine
Examiners (Homeopathic Board) (A.R.S.
§ 32-2902); 15) the Arizona Board of Behavioral Health Examiners (AzBBHE) (A.R.S.
§ 32-3252); 16) the Arizona Board of Occupational Therapy Examiners (Occupational Therapy Board) (A.R.S.
§ 32-3402); 17) the Arizona Board of Respiratory Care Examiners
(Respiratory Care Board) (A.R.S.
§ 32-3502);
18) the Arizona Acupuncture Board of Examiners (Acupuncture Board) (A.R.S.
§ 32-3902);
19) the Arizona Board of Athletic Training (Athletic Training Board) (A.R.S.
§ 32-4102); 20) the Arizona State Board of Message Therapy (Message Therapy
Board) (A.R.S.
§ 32-4202); and
21) the Arizona Board of Examiners of Nursing Care Institution Administrators
and Assisted Living Facility Managers (NCIA Board) (A.R.S.
§ 36-446.02).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Podiatry Board
a) the Podiatry Board may fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position becomes vacant; and
b) an appointee is deemed confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
2. Decreases, from three to one, the number of licensed podiatrists on the Podiatry Board.
3. Adds two members to the Podiatry Board 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 of podiatry in Arizona or who have a valid license to practice podiatry and are not currently practicing.
a) the Chiropractic Board may fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position becomes vacant; and
b) an appointee is deemed confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
5. Decreases, from three to one, the number of licensed chiropractors on the Chiropractic Board.
6. Adds two members to the Chiropractic Board 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 of chiropractic in Arizona or who have a valid license to practice chiropractic and are not currently practicing.
7. Restructures the BODEX to a 7-member board, rather than an 11-member board.
8. Requires the BODEX members appointed by the Governor to be confirmed at the advice and consent of the Senate except:
a) the BODEX may fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position becomes vacant; and
b) an appointee is deemed confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
9. Decreases, from six to one, the number of licensed dentists on the BODEX.
10. Decreases, from two to one, the number of licensed dental hygienists on the BODEX.
11. Increases, from two to four, the number of public members on the BODEX.
AMB
13. Deems an AMB appointee confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
14. Decreases, from eight to four, the number of licensed physicians on the AMB.
a) the Naturopathic Board may fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position becomes vacant; and
b) an appointee is deemed confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
17. Decreases, from four to two, the number of naturopathic physicians on the Naturopathic Board.
18. Adds two members to the Naturopathic Board 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 of naturopathic medicine in Arizona or who have a valid license to practice naturopathic medicine and are not currently practicing.
a) the ASNB may fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position becomes vacant; and
b) an appointee is deemed confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
a) the Dispensing Opticians Board may fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position becomes vacant; and
b) an appointee is deemed confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
22. Decreases, from five to two, the number of licensed dispensing opticians on the Dispensing Opticians Board.
23. Adds three members to the Dispensing Opticians Board 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 in Arizona or who have a valid license to practice and are not currently practicing.
24. Restructures the Optometry Board to a 9-member board, rather than a 7-member board.
25. Requires the Optometry Board members appointed by the Governor to be confirmed at the advice and consent of the Senate except:
a) the Optometry Board may fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position becomes vacant; and
b) an appointee is deemed confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
26. Decreases, from five to two, the number of licensed optometrists on the Optometry Board.
27. Adds three members to the Optometry Board 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 of optometry in Arizona or who have a valid license to practice optometry and are not currently practicing.
28. Increases, from two to four, the number of public members on the Optometry Board.
a) the ABOE may fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position becomes vacant; and
b) an appointee is deemed confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
30. Decreases, from five to two, the number of licensed osteopathic physicians on the ABOE.
31. Adds three members to the ABOE 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 of podiatry in osteopathic medicine or who have a valid license to practice osteopathic medicine and are not currently practicing.
32. Requires the ASPB members appointed by the Governor to be confirmed at the advice and consent of the Senate except:
a) the ASPB may fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position becomes vacant; and
b) an appointee is deemed confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
33. Decreases, from six to three, the number of licensed pharmacists on the ASPB.
34. Increase, two to five, the number of public members on the ASPB.
36. Deems a Physical Therapy Board appointee as confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
37. Decreases, from four to two, the number of licensed physical therapists on the Physical Therapy Board.
38. Adds two members to the Physical Therapy Board 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 of physical therapy in Arizona or who have a valid license to practice physical therapy and are not currently practicing.
39. Allows the Psychologist Board to fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position becomes vacant.
40. Deems a Psychologist Board appointee as confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
41. Decreases, from seven to three, the number of licensed professionals on the Psychologist Board.
42. Adds four members to the Psychologist Board 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 in Arizona or who have a valid license to practice and are not currently practicing.
43. Requires the Psychologist Board members to include at all times:
a) one, rather than two, licensed psychologist who is a full-time faculty member from an Arizona university with a psychology doctoral program;
b) two, rather than three, psychologists in professional practice; and
c) one, rather than two, behavioral analyst.
a) the AZPA may fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position become vacant; and
b) an appointee is deemed confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
a) the Homeopathic Board may fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position becomes vacant; and
b) an appointee is deemed confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
47. Decreases, from five to two, the number of licensed homeopathic physicians on the Homeopathic Board.
48. Adds three members to the Homeopathic Board 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 of homeopathic medicine in Arizona or who have a valid license to practice homeopathic medicine and are not currently practicing.
a) the AzBBHE may fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position becomes vacant; and
b) an appointee is deemed confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
51. Requires the Occupational Therapy Board members appointed by the Governor to be confirmed at the advice and consent of the Senate except:
a) the Occupational Therapy Board may fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position becomes vacant; and
b) an appointee is deemed confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
52. Decreases, from three to one, the numbers of occupational therapists on the Occupational Therapy Board.
53. Adds two members to the Occupational Therapy Board 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 of occupational therapy in Arizona or who have a valid license to practice occupational therapy and are not currently practicing.
a) the Respiratory Care Board may fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position becomes vacant; and
b) an appointee is deemed confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
a) the Acupuncture Board may fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position becomes vacant; and
b) an appointee is deemed confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
Athletic Training Board
a) the Athletic Training Board may fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position becomes vacant; and
b) an appointee is deemed confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
59. Decreases, from three to one, the number of licensed athletic trainers on the Athletic Training Board.
60. Adds two members to the Athletic Training Board 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 of athletic training in Arizona or who have a valid license to practice athletic training and are not currently practicing.
a) the Massage Therapy Board may fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position becomes vacant; and
b) an appointee is deemed confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
NCIA Board
63. Requires the NCIA Board members appointed by the Governor to be confirmed at the advice and consent of the Senate except:
a) the NCIA Board may fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position becomes vacant; and
b) an appointee is deemed confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
64. Requires at least 50 percent of the licensed members of the NCIA Board to 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 in Arizona or who have a valid license to practice and are not currently practicing.
Council
65. Establishes the Council consisting of three members, each of whom is a current executive director of a health board.
66. Requires the Governor to appoint each member on the Council by lot and in the presence of all current executive directors of the health boards.
67. Requires the initial Council members to be appointed by January 1, 2026 for staggered three-year terms.
68. Prohibits an executive director from serving on the Council for at least two full terms before reappointment.
69. Prohibits an executive director from refusing appointment to the Council.
70. Prohibits an executive director of a health board who is serving on the Council from reviewing or overseeing any matter relating to that executive director's health board.
71. Allows Council members to use their own health board staff and facilities to facilitate the business of the Council.
72. Requires the Council to review and approve or deny market-sensitive action taken or decisions made by a health board on or after January 1, 2026.
73. Requires the Council to meet at least once each month unless there is no business for the Council to consider.
74. Requires a health board to forward any market-sensitive action taken or decision made to the Council for review.
75. Allows the Council to receive information relating to market-sensitive actions taken or decisions made by a health board from any licensees, certificate holder or other affected person.
76. Requires the Council to notify the health board within 10 business days after receiving a request to review an alleged market-sensitive action.
77. Requires the Council to either agree with the action taken or decision made or refer the issue back to the health board for reconsideration within 90 days after receiving the market-sensitive action for review.
78. Requires the Council’s decision to include a summary of the decision and the justification for the decision.
Health Board Reports
79. Requires each health board, by November 1, 2025, to submit a report to the Governor, President of the Senate, Speaker of the House of Representatives and Secretary of State outlining the laws, rules and internal processes that dictate the following:
a) all requirements for each type of license or certificate issued by the health board, including:
i. education and training requirements;
ii. continuing education requirements;
iii. initial and renewal licensure and certification application processes and time frames;
iv. application and initial and renewal licensing and certification fees; and
v. required background checks and any offenses that would preclude licensure or certification.
b) how the health board receives and investigates complaints and the types of disciplinary authority the health board possesses, including appeal processes;
c) the number of full-time employees of the health board and their corresponding duties;
d) hiring, onboarding and termination of employees of the health board;
e) a description of documents and discipline records retention;
f) a description of current contracts with third-party vendors and the services being provided by the vendors; and
g) a description of health board positions, including qualifications, term length and any prohibitions on consecutive terms.
80. States that the Legislature intends that this report to provide it with adequate information to facilitate the revision and consolidation of statutes governing each health board in an effort to create uniformity and consistency in application while allowing for necessary exceptions essential to the operation and regulatory authority of each health board.
81. Repeals the health board reporting requirement on July 1, 2026.
Miscellaneous
83. Requires the Governor to make subsequent appointments in accordance with the restructured health board membership.
84. Defines market-sensitive action as actions or decisions by a health 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 a licensee or certificate holder; and
e) demonstrating a pattern of disciplinary actions that creates barriers to market participation.
85. Defines health board and health professional.
86. Makes technical and conforming changes.
87. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Restores the current statutory membership of the health boards, excluding:
a) the BODEX;
b) the Pharmacy Board;
c) the increase of two additional public members on the Optometry Board; and
d) the modification of the make-up of the licensed members on the Psychologist Board.
2. Requires, for all health boards including the Message Therapy Board, at least 50 percent of the licensed or certified members to be members that 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 of homeopathic medicine in Arizona or who have a valid license to practice homeopathic medicine and are not currently practicing.
3. Subjects all appointment of members to a health board by the Governor to confirmation by the Senate, including the Message Therapy Board.
4. Allows a health board, including the Message Therapy Board, to fill a public member position by a majority vote if the Governor fails to fill a public member position within one year after the position become vacant.
5. Deems a health board appointee, including the Massage Therapy Board appointee, as confirmed if the Senate fails to confirm or reject an appointee within one year after the Governor's appointment.
6. Establishes the Council consisting of three members, each of whom is a current executive director of a health board.
7. Requires the Governor to appoint each member on the Council by lot and in the presence of all current executive directors of the health boards.
8. Requires the initial Council members to be appointed by January 1, 2026 for staggered three-year terms.
9. Prohibits an executive director from serving on the Council for at least two full terms before reappointment.
10. Prohibits an executive director from refusing appointment to the Council.
11. Prohibits an executive director of a health board who is serving on the Council from reviewing or overseeing any matter relating to that executive director's health board.
12. Allows Council members to use their own health board staff and facilities to facilitate the business of the Council.
13. Requires the Council to review and approve or deny market-sensitive action taken or decisions made by a health board on or after January 1, 2026.
14. Requires the Council to meet at least once each month unless there is no business for the Council to consider.
15. Requires a health board to forward any market-sensitive action taken or decision made to the Council for review.
16. Allows the Council to receive information relating to market-sensitive actions taken or decisions made by a health board from any licensees, certificate holder or other affected person.
17. Requires the Council to notify the health board within 10 business days after receiving a request to review an alleged market-sensitive action.
18. Requires the Council to either agree with the action taken or decision made or refer the issue back to the health board for reconsideration within 90 days after receiving the market-sensitive action for review.
19. Requires the Council’s decision to include a summary of the decision and the justification for the decision.
20. Requires each health board, by November 1, 2025, to submit a report to the Governor, President of the Senate, Speaker of the House of Representatives and Secretary of State outlining the laws, rules and internal processes that dictate the following:
a) all requirements for each type of license or certificate issued by the health board, including:
i. education and training requirements;
ii. continuing education requirements;
iii. initial and renewal licensure and certification application processes and time frames;
iv. application and initial and renewal licensing and certification fees; and
v. required background checks and any offenses that would preclude licensure or certification.
b) how the health board receives and investigates complaints and the types of disciplinary authority the health board possesses, including appeal processes;
c) the number of full-time employees of the health board and their corresponding duties;
d) hiring, onboarding and termination of employees of the health board;
e) a description of documents and discipline records retention;
f) a description of current contracts with third-party vendors and the services being provided by the vendors; and
g) a description of health board positions, including qualifications, term length and any prohibitions on consecutive terms.
21. States that the Legislature intends that this report to provide it with adequate information to facilitate the revision and consolidation of statutes governing each health board in an effort to create uniformity and consistency in application while allowing for necessary exceptions essential to the operation and regulatory authority of each health board.
22. Repeals the health board reporting requirement on July 1, 2026.
14. Defines market-sensitive action as actions or decisions by a health 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 a licensee or certificate holder; and
e) demonstrating a pattern of disciplinary actions that creates barriers to market participation.
15. Defines health board and health professional.
16. Makes technical and conforming changes.
Senate Action
RAGE 2/5/25 DP 4-3-0
Prepared by Senate Research
March 3, 2025
JT/ci