Assigned to HHS AS VETOED
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
FACT SHEET FOR S.B. 1248/H.B. 2529
scope of practice; process; repeal
Purpose
Repeals the requirement that state-regulated health professions go through the statutory
sunrise review process for proposed scope of practice expansions.
Background
Statute prohibits the regulation of unregulated health professions, except to protect the
public health and safety. If the Legislature determines that it is necessary to regulate a health
profession not previously regulated by law, the least restrictive method of regulation must be
implemented (A.R.S. § 32-3103).
Any health professional group that is seeking to become regulated or expand its current
scope of practice must complete the statutory sunrise review process. The group must submit a
written report explaining statutorily prescribed factors to the President of the Senate and Speaker
of the House of Representatives by November 1, prior to the start of the legislative session.
Although no formal sunrise review hearing is required, the health professional group may request
informational hearings before the Health & Human Services Committees of Reference (CORs) of
the Senate and House of Representatives or the CORs may choose to conduct an informational
hearing themselves prior to the legislative session convening. If an informational hearing is held,
the CORs must study the report and may take public comment but may not vote on whether to
accept or reject the report. A health professional group that is proposing an increase in its scope of
practice may send copies of the report to the applicable health profession regulatory board and the
Department of Health Services (DHS) for review and comment. Regardless of whether an
informational hearing was held, or the comments made at an informational hearing, the health
professional group may introduce legislation during the legislative session to regulate the health
profession or increase its scope of practice. Submitted sunrise review reports are not required to
be resubmitted for five years, unless there is a material change in the increased scope of practice
(A.R.S. § 32-3104).
A sunrise report filed by a health professional group that is seeking an increased scope of
practice must explain each of the following factors: 1) why an increased scope of practice is
beneficial; 2) whether the health professional group has or will be required to have didactic and
clinical education from accredited professional schools; 3) whether the increased scope of practice
is currently tested by nationally recognized and accepted examinations; 4) the extent to which
current licensees will be impacted; 5) the extent to which an increased scope of practice may result
in a savings or cost to the state and public; 6) relevant health profession licensure laws; and
7) recommendations, if any, from the applicable regulatory entity, DHS, and accredited
educational or training programs. In reviewing any legislation increasing professional scope of FACT SHEET – Vetoed
S.B.1248/H.B. 2529
Page 2
practice, the Legislature must consider whether the increase will benefit the public and increase
access to safe, quality care, as well as whether any changes in the applicable regulatory entity are
necessary. The Legislature must also consider that the purpose of any limit on a health profession's
scope of practice must be limited to protecting the public from a specific harm or danger (A.R.S.
§ 32-3106).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Repeals the requirement that regulated health professions seeking an expanded scope of
practice complete a statutory sunrise review.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
Governor's Veto Message
The Governor indicates in her veto message that, although she agrees the sunrise
application process needs to be more effective, efficient and fair, repealing it altogether without
replacing it with a better mechanism will not address the underlying issues and poses a threat to
the health and safety of Arizonans. She also states that without the sunrise process, provider groups
could fast-track their priorities through the legislative process without adequate attention to why
the change is necessary or if it will impact communities with the greatest needs.
Senate Action House Action
HHS 1/31/23 DP 6-1-0 HHS 2/6/23 DP 5-4-0-0
3
rd
Read 2/8/23 21-9-0 3
rd
Read 2/22/23 42-18-0
(S.B. 1248 was substituted for H.B. 2529 on
3
rd
Read)
Vetoed by the Governor 3/3/23
Prepared by Senate Research
March 6, 2023
MM/slp