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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
nurses; provisional licensure
Purpose
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 receipt of an application and the associated fees, if outlined conditions are met.
Background
The AZBN was
established to protect and promote the welfare of the public by ensuring that
each person holding a nursing license or certificate is competent to practice
safely. The AZBN fulfills its mission through: 1) approving regulated training
and educational programs;
2) establishing approval and reapproval processes for nursing and nursing
assistant training programs; 3) preparing and maintaining a list of approved
nursing programs; 4) examining qualified registered and practical nurse
applicants; 5) licensing and renewing the licenses of qualified registered and
practical nurse applicants and licensed nursing assistants; 6) adopting rules
pertaining to the practice of nursing; 7) determining and administering
appropriate disciplinary action against regulated parties who are found guilty
of misconduct; and 8) enforcing fingerprint clearance card requirements. Nurses
are licensed or certified by the AZBN and each licensee or certified nurse must
meet outlined requirements including completing the appropriate program, filing
an application with the AZBN and paying the prescribed fee and any additional
requirements as determined by the AZBN (A.R.S. Title 32, Chapter 15,
Articles 1 and 2).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the AZBN to issue a provisional license or certificate to an APN, RN or an LPN within five business days after the AZBN receives a complete application and the fees required by the AZBN for an out-of-state nurse who is seeking licensure or certification if all the following apply:
a) the person holds a current license or certificate to practice as an APRN, RN, or an LPN in at least one other U.S. state and the license or certificate is in good standing in all U.S. states in which the person holds the license or certificate;
b) the person provides proof of a valid and unencumbered license or certificate in another U.S. state through an AZBN 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 that have issued the person a license or certificate;
c) the person has not had a license or certificate revoked or denied and has not voluntarily surrendered a license or certificate in any U.S. state;
d) the person does not have a complaint or investigation pending before a licensing entity in any U.S. state;
e) the person has submitted a full set of fingerprints to the AZBN for the purpose of obtaining a state and federal criminal records check statutorily required by state and public law; and
f) the person is a resident of Arizona or attests in the application that the person is physically working or has accepted an offer to physically work in Arizona.
2. Requires an APN, RN or an LPN who applies for a provisional license to include a sworn declaration attesting to the completeness and veracity of the information submitted in the application for provisional licensure or certification.
3. States that, if an APN, RN or an LPN who applies for a provisional license or certification has any complaint or investigation pending, the five-day time frame does not apply and the AZBN may determine whether the person can safely practice nursing in Arizona.
4. Allows the Department of Public Safety to exchange submitted fingerprint data with the Federal Bureau of Investigation.
5. States that, if an APN, RN or an LPN who applies for a provisional license or certificate has had discipline imposed by any licensing entity in another U.S. state, the five-day time frame does not apply and the AZBN may determine whether the person can safely practice nursing in Arizona.
6. Requires the AZBN to acknowledge by written or oral communication to an applicant for a provisional license or certificate the date of the receipt of the application for the provisional licensure or certification.
7. Requires the AZBN, within five business days after the receipt of the application, to provide the 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.
8. Requires the AZBN to further investigate the application as necessary to determine whether the applicant may be licensed or certified in accordance with statute.
9. Subjects a person who applies for or receives a provisional license or certificate to the laws regulating the person's practice in Arizona and the AZBN's jurisdiction.
10. Deems the issued provisional license or certificate valid only in Arizona.
11. Allows the person to who the provisional license or certificate is issued to practice as an APN, RN or LPN in Arizona.
12. Allows a provisional license or certificate issued to be converted to a regular, single-state license or certificate six months after the provisional license or certificate is issued and is valid until the regular license or certificate is required to be renewed.
13. Allows the AZBN to terminate a provisional license or certificate issued within six months after issuance if the AZBN determines that there is a reasonable basis to require restrictions on or the termination of the provisional license or certificate.
14. States
that any required fees are waived for U.S. Armed Forces veterans and spouses of
active-duty members.
15. Defines licensing entity as the regulatory body of a U.S. state territory that is responsible for regulating the practice of nursing and advanced practice registered nursing.
16. Defines resident as a person who meets one of the following:
a) has obtained a driver license or nonoperating identification license in Arizona;
b) has registered to vote in Arizona;
c) declares Arizona as the person's home state for federal tax purposes;
d) has lived in Arizona for more than six months in the preceding year; or
e) is active military or an active military spouse who is currently posted in Arizona.
17. Becomes effective on the general effective date.
House Action
HHS 2/3/25 DP 12-0-0-0
3rd Read 2/27/25 47-9-4
Prepared by Senate Research
March 10, 2025
JT/KP/ci