| 67 | | - | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 32-301, Arizona Revised Statutes, is amended to read: START_STATUTE32-301. Definitions In this chapter, unless the context otherwise requires: 1. "Barber" means a person who is licensed to practice barbering by the board. 2. "Barbering" means any one or a combination of the following practices if they are performed on a person's head, face, neck or shoulders for cosmetic purposes: (a) Cutting, clipping or trimming hair. (b) Massaging, cleansing, stimulating, manipulating, exercising, beautifying or applying oils, creams, antiseptics, clays, lotions or other preparations, either by hand or by mechanical or electrical appliances. (c) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, singeing, bleaching, dyeing, tinting, coloring or similarly treating hair. (d) Providing hair attachments, extensions, hairpieces and wigs when performed by a barber. (e) Shaving or trimming a beard. (f) Providing skin care. 3. "Board" means the barbering and cosmetology board of beauty and wellness. 4. "Instructor" means a person who is licensed to teach barbering pursuant to this chapter. 5. "Mentor" means a barber who is approved by the board to train a person in a department of economic security-approved apprenticeship program in barbering in an establishment that is licensed by the board. 6. "School" means an establishment that is operated for the purpose of teaching barbering or cosmetology. 7. "Shop" or "salon" means an establishment that is operated for the purpose of engaging in the practice of barbering. END_STATUTE Sec. 2. Section 32-501, Arizona Revised Statutes, is amended to read: START_STATUTE32-501. Definitions In this chapter, unless the context otherwise requires: 1. "Aesthetician": (a) Means a person who is licensed to practice skin care pursuant to this chapter. (b) Does not include an eyelash technician. 2. "Aesthetics" means any one or a combination of the following practices if they are performed for cosmetic purposes: (a) Massaging, cleansing, stimulating, manipulating, exercising, beautifying or applying oils, creams, antiseptics, clays, lotions or other preparations, either by hand or by mechanical or electrical appliances. (b) Arching eyebrows or tinting eyebrows and eyelashes. (c) Removing superfluous hair by means other than electrolysis or threading. 3. "Barbering" has the same meaning prescribed in section 32-301. 4. "Board" means the barbering and cosmetology board of beauty and wellness. 5. "Cosmetic purposes" means for the purpose of beautifying, preserving or conferring comeliness, excluding therapeutic massage and manipulations. 6. "Cosmetologist" means a person who is licensed to practice cosmetology pursuant to this chapter. 7. "Cosmetology": (a) Means any one or a combination of the following practices if they are performed for cosmetic purposes: (i) Massaging, cleansing, stimulating, manipulating, exercising, beautifying or applying oils, creams, antiseptics, clays, lotions or other preparations, either by hand or by mechanical or electrical appliances. (ii) Arching eyebrows or tinting eyebrows and eyelashes. (iii) Removing superfluous hair by means other than electrolysis or threading. (iv) Nail technology. (v) Hairstyling. (b) Does not include performing personal services related to eyelash extensions. 8. "Electrical appliances" means devices that use electrical current and includes lasers and IPL devices as defined in section 32-516. 9. "Eyelash extensions": (a) Means applying, removing and trimming threadlike natural or synthetic fibers to an eyelash. (b) Includes cleansing the eye area and lashes. (c) Does not include applying eyelash enhancements that are tattoos, color agents, straightening agents, permanent wave solutions or bleaching agents to the eyebrow or any other cosmetology service. 10. "Eyelash technician" means a person who is not licensed as a cosmetologist or aesthetician and who for compensation performs personal services limited to eyelash extensions. 11. "Hairstyling" means any of the following: (a) Cutting, clipping or trimming hair. (b) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, singeing, bleaching, dyeing, tinting, coloring or similarly treating hair. (c) Removing superfluous hair from the neck up by means other than electrolysis or threading. 12. "Hairstylist" means a person who is licensed to practice hairstyling pursuant to this chapter. 13. "Instructor" means a person who is licensed to teach cosmetology, aesthetics, nail technology or hairstyling, or any combination thereof, pursuant to this chapter. 14. "Mentor" means a cosmetologist who is approved by the board to train a person in a department of economic security-approved apprenticeship program in cosmetology in an establishment that is licensed by the board. 15. "Nail technician" means a person who is licensed to practice nail technology pursuant to this chapter. 16. "Nail technology" means any of the following: (a) Cutting, trimming, polishing, coloring, tinting, cleansing or otherwise treating a person's nails. (b) Applying artificial nails. (c) Massaging and cleaning a person's hands, arms, legs and feet. 17. "Salon" means any of the following: (a) An establishment that is operated for the purpose of engaging in the practice of cosmetology, aesthetics, nail technology or hairstyling, or any combination of the listed practices. (b) An establishment together with a retrofitted motor vehicle for exclusive use as a mobile facility for the purpose of engaging in the practice of cosmetology, aesthetics, nail technology or hairstyling, or any combination of the listed practices, that is operated and dispatched through the establishment. (c) A retrofitted motor vehicle that is exclusively used as a mobile facility for the purpose of engaging in the practice of cosmetology, aesthetics, nail technology or hairstyling, or any combination of the listed practices, and that is operated and dispatched from a business that has a physical street address on file with the board. 18. "School" means an establishment that is operated for the purpose of teaching barbering, cosmetology, aesthetics, nail technology or hairstyling, or any combination of the listed practices. 19. "Threading" means a service that results in the removal of hair from its follicle from around the eyebrows and from other parts of the face with the use of a single strand of cotton thread and an over-the-counter astringent, if the service does not use chemicals of any kind, wax or any implements, instruments or tools to remove hair. END_STATUTE Sec. 3. Section 32-502, Arizona Revised Statutes, is amended to read: START_STATUTE32-502. Board of beauty and wellness; members; appointment; qualifications; terms A. The barbering and cosmetology board of beauty and wellness is established consisting of the following members who are appointed by the governor: 1. One cosmetologist who has actively practiced cosmetology in this state for at least three years immediately preceding appointment. 2. Two Three school owners who do not own the same school, one of whom owns a school that teaches cosmetology, and one of whom owns a school that teaches barbering and one of whom owns a school that teaches massage therapy. 3. Five public members, preferably one of whom is an educator, who are not and have never been associated with the barbering, cosmetology, or nail technology industry or massage therapy industries, licensed as a barber, cosmetologist, or nail technician or massage therapist or involved in manufacturing barbering, cosmetology, or nail technology or massage therapy products. Two of the public members shall be health professionals. 4. One barber who has actively practiced barbering in this state for at least three years. 5. One massage therapist who has actively practiced in this state for at least three years. B. The term of office for members is three years beginning and ending June 22. C. The governor may remove board members for neglect of duty, malfeasance or misfeasance. END_STATUTE Sec. 4. Section 32-503, Arizona Revised Statutes, is amended to read: START_STATUTE32-503. Organization; meetings; personnel; compensation A. The board shall annually elect a chairman, vice chairman and secretary-treasurer from among its membership. B. The board shall hold at least one regular meeting monthly and may hold other meetings at times and places it designates. C. Subject to title 41, chapter 4, article 4, the board may employ the following personnel as it deems necessary to carry out the purposes of this chapter and chapter chapters 3 and 42 of this title and designate their duties: 1. An executive director. 2. A supervisor of examinations who is an instructor licensed pursuant to this chapter or chapter 3 of this title by the board and who has worked at least two of the five years immediately preceding employment as an instructor in a school licensed pursuant to this chapter by the board. 3. Examiners who are not employed as instructors in any school licensed pursuant to this chapter or chapter 3 of this title. 4. Persons to provide investigative, professional and clerical assistance. 5. Consultants to assist the board in performing its duties. 6. Other personnel. D. Members of the board are eligible to receive compensation as determined pursuant to section 38-611 for each day of actual service in the business of the board. The board shall compensate its executive director and other personnel as determined pursuant to section 38-611. END_STATUTE Sec. 5. Section 32-505, Arizona Revised Statutes, is amended to read: START_STATUTE32-505. Beauty and wellness fund A. The barbering and cosmetology beauty and wellness fund is established. Except as provided in subsection C of this section, before the end of each calendar month the board shall deposit, pursuant to sections 35-146 and 35-147, ten percent of all monies from whatever source that come into the possession of the board in the state general fund and deposit the remaining ninety percent in the barbering and cosmetology beauty and wellness fund. B. Except as provided in section 32-573, subsection G, monies deposited in the barbering and cosmetology beauty and wellness fund are subject to section 35-143.01. C. Monies from civil penalties received pursuant to section 32-571 shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. END_STATUTE Sec. 6. Section 32-573, Arizona Revised Statutes, is amended to read: START_STATUTE32-573. Procedure for disciplinary action; appeal A. The board on its own motion may investigate any information that appears to show the existence of any of the causes set forth in section 32-572. The board shall investigate the report of any person that appears to show the existence of any of the causes set forth in section 32-572. A person who reports pursuant to this section and who provides the information in good faith is not subject to liability for civil damages as a result. B. If, after completing its investigation, the board finds that the evidence is not of sufficient seriousness to merit direct action against a license or registration, it may take either of the following actions: 1. Dismiss if, in the opinion of the board, the evidence is without merit. 2. File a letter of concern if, in the opinion of the board, while there is insufficient evidence to support direct action against the license or registration there is sufficient evidence for the board to notify the licensee or registrant that continuation of the activities that led to the information or report being made to the board may result in action against the licensee's license or registrant's registration. C. If, in the opinion of the board, it appears the information or report is or may be true, the board shall request an informal interview with the licensee or registrant concerned. The interview shall be requested by the board in writing, stating the reasons for the interview and setting a date at least ten days after the date of the notice for conducting the interview. D. If, after an informal interview, the board finds that the evidence warrants suspension or revocation of a license or registration issued pursuant to this chapter, imposition of a civil penalty or public reproof or if the licensee or registrant under investigation refuses to attend the informal interview, a complaint shall be issued and formal proceedings shall be initiated. All proceedings pursuant to this subsection shall be conducted in accordance with title 41, chapter 6, article 10. E. A licensee or registrant who has been notified pursuant to subsection D of this section of charges pending against the licensee or registrant shall file with the board an answer in writing to the charges not more than thirty days after the licensee or registrant receives the complaint. If the licensee or registrant fails to answer in writing within this time, it is deemed an admission by the licensee or registrant of the acts charged in the complaint and the board may take disciplinary action allowed by this chapter without a hearing. F. If the board finds that the evidence is not of sufficient seriousness to merit suspension or revocation of a license or registration issued pursuant to this chapter, imposition of a civil penalty or public reproof, the board may take the following actions: 1. Dismiss if, in the opinion of the board, the evidence is without merit. 2. File a letter of concern if, in the opinion of the board, while there is insufficient evidence to support direct action against the license or registration there is sufficient evidence for the board to notify the licensee or registrant that continuation of the activities which led to the information or report being made to the board may result in action against the licensee's license or registrant's registration. 3. Impose probation requirements. G. If a licensee or registrant violates this chapter or a rule adopted pursuant to this chapter, the board may assess the licensee or registrant with the board's reasonable costs and expenses, including attorney fees, incurred in conducting the investigation and administrative hearing. All monies collected pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in a separate account in the barbering and cosmetology beauty and wellness fund established by section 32-505. The board may only use these monies to defray its expenses in connection with investigation related training and education, disciplinary investigations and all costs related to administrative hearings. Notwithstanding section 35-143.01, the separate account monies may be spent without legislative appropriation. H. Except as provided in section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6. END_STATUTE Sec. 7. Section 32-4201, Arizona Revised Statutes, is amended to read: START_STATUTE32-4201. Definitions In this chapter, unless the context otherwise requires: 1. "Board" means the board of massage therapy beauty and wellness. 2. "Board recognized school" means a school that is any of the following: (a) Accredited to offer massage therapy education by an agency recognized by the secretary of the United States department of education. (b) If located in this state, offered by a community college or approved by the state board for private postsecondary education. (c) If located in another state or a Canadian province, approved by an agency similar to the state board for private postsecondary education. (d) A career technical education district program that is offered by a career technical education district as defined in section 15-391. 3. "Bodywork therapy" means massage therapy. 4. "Massage therapist" means a person who is licensed under this chapter to engage in the practice of massage therapy. 5. "Massage therapy" means the following that are undertaken to increase wellness, relaxation, stress reduction, pain relief and postural improvement or provide general or specific therapeutic benefits: (a) The manual application of compression, stretch, vibration or mobilization of the organs and tissues beneath the dermis, including the components of the musculoskeletal system, peripheral vessels of the circulatory system and fascia, when applied primarily to parts of the body other than the hands, feet and head. (b) The manual application of compression, stretch, vibration or mobilization using the forearms, elbows, knees or feet or handheld mechanical or electrical devices. (c) Any combination of range of motion, directed, assisted or passive movements of the joints. (d) Hydrotherapy, including the therapeutic applications of water, heat, cold, wraps, essential oils, skin brushing, salt glows and similar applications of products to the skin. 6. "Practice of massage therapy" means the application of massage therapy to any person for a fee or other consideration. Practice of massage therapy does not include the diagnosis of illness or disease, medical procedures, naturopathic manipulative medicine, osteopathic manipulative medicine, chiropractic adjustive procedures, homeopathic neuromuscular integration, electrical stimulation, ultrasound, prescription of medicines or the use of modalities for which a license to practice medicine, chiropractic, nursing, occupational therapy, athletic training, physical therapy, acupuncture or podiatry is required by law. END_STATUTE Sec. 8. Repeal; transfer of monies A. Sections 32-4202, 32-4204 and 32-4205, Arizona Revised Statutes, are repealed. B. All unexpended and unencumbered monies remaining in the board of massage therapy fund established by section 32-4205, Arizona Revised Statutes, as repealed by subsection A of this section, are transferred on the beauty and wellness fund established by section 32-505, Arizona Revised Statutes, as amended by this act. Sec. 9. Section 32-4222, Arizona Revised Statutes, is amended to read: START_STATUTE32-4222. Qualifications for licensure A. An applicant for a license as a massage therapist shall: 1. Be at least eighteen years of age. 2. Be a citizen or legal resident of the United States. 3. Satisfy the requirements of section 32-4224. 4. Receive either a high school diploma or general equivalency diploma or a similar document or certificate or submit proof that the applicant has passed an ability to benefit examination recognized by the United States department of education. 5. Pay the fees established pursuant to section 32-4227. 6. Within five years preceding the date of the application for initial licensure, not have been convicted of a misdemeanor involving prostitution or solicitation or another similar offense involving moral turpitude that has a reasonable relationship to the practice of massage therapy. 7. Within the preceding five years, not have voluntarily surrendered a license under section 32-4254 or not have had a license to practice massage therapy or another similar license revoked by a political subdivision of this state or a regulatory agency in another jurisdiction in the United States for an act that occurred in that jurisdiction and that would be subject to discipline pursuant to this chapter. 8. Not be currently under investigation, suspension or restriction by a political subdivision of this state or a regulatory agency in another jurisdiction in the United States for an act that occurred in that jurisdiction and that would be subject to discipline pursuant to this chapter. If the applicant is under investigation by a regulatory agency in another jurisdiction, the board shall suspend the application process and may not issue or deny a license to the applicant until the investigation is resolved. 9. For initial licensure, submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The board may charge the cost of each criminal background check to the applicant. 10. Beginning January 1, 2023, possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 for initial licensure, license renewal, a temporary license or license reinstatement pursuant to this chapter. B. In addition to the requirements of subsection A of this section, an applicant for licensure as a massage therapist shall either: 1. Have successfully completed a course of study of massage therapy or bodywork therapy consisting of a minimum of five seven hundred classroom and clinical hours of supervised instruction at a board recognized school in this state that is accredited by an agency recognized by the secretary of the United States department of education. 2. Have done both of the following: (a) Successfully completed a course of study in massage therapy or bodywork therapy consisting of a minimum of five seven hundred classroom and clinical hours of supervised instruction at a school in this state that is licensed by the state board for private postsecondary education or at a school outside of this state that is recognized by the board pursuant to section 32-4228. (b) Successfully passed an examination administered by a national board accredited by the certifying agency that has been approved by the national commission on competency assurance and that is in good standing with that agency or have successfully passed an examination that is administered or approved by the board. C. The board may adopt rules to allow it to consider the education and experience of an applicant who came from a foreign country. The board by rule may increase the minimum number of classroom hours of supervised instruction at a board recognized school that an applicant for licensure must successfully have completed. D. If the board is satisfied that an applicant meets the requirements of this section, the board shall issue a license to the applicant. E. Subject to the board's approval, the executive director may issue licenses to applicants who meet the requirements of this chapter. F. The board may deny an application for a license if the applicant committed an act that would subject a person licensed under this chapter to disciplinary action. END_STATUTE Sec. 10. Section 32-4228, Arizona Revised Statutes, is amended to read: START_STATUTE32-4228. Massage therapy schools; recognition A. The board shall recognize a school of massage therapy located in this state if it is approved by the state board for private postsecondary education, is accredited to offer massage therapy education by an agency recognized by the secretary of the United States department of education or is a career technical education district program that is offered by a career technical education district as defined in section 15-391. B. The board shall recognize a school of massage therapy located in another state or a Canadian province if it is accredited or approved by an agency similar to the state board for private postsecondary education or it is accredited to offer massage therapy education by an agency recognized by the secretary of the United States department of education. C. Each school of massage therapy that is located in this state and that receives approval from the state board for private postsecondary education shall report to the board of massage therapy: 1. The physical address of the school and each instructional facility maintained or operated by the school. 2. All faculty and instructional staff, and all additions to or deletions from the faculty and staff. D. The board shall maintain a list of recognized schools. END_STATUTE Sec. 11. Section 41-619.51, Arizona Revised Statutes, is amended to read: START_STATUTE41-619.51. Definitions In this article, unless the context otherwise requires: 1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of massage therapy beauty and wellness or the Arizona department of housing. 2. "Board" means the board of fingerprinting. 3. "Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41-619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8-804. 4. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present. 5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41-619.55. 6. "Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following: (a) Section 3-314. (b) Section 8-105. (c) Section 8-322. (d) Section 8-463. (e) Section 8-509. (f) Section 8-802. (g) Section 8-804. (h) Section 15-183. (i) Section 15-503. (j) Section 15-512. (k) Section 15-534. (l) Section 15-763.01. (m) Section 15-782.02. (n) Section 15-1330. (o) Section 15-1881. (p) Section 17-215. (q) Section 28-3228. (r) Section 28-3413. (s) Section 32-122.02. (t) Section 32-122.05. (u) Section 32-122.06. (v) Section 32-823. (w) Section 32-1232. (x) Section 32-1276.01. (y) Section 32-1284. (z) Section 32-1297.01. (aa) Section 32-1904. (bb) Section 32-1941. (cc) Section 32-1982. (dd) Section 32-2022. (ee) Section 32-2063. (ff) Section 32-2108.01. (gg) Section 32-2123. (hh) Section 32-2371. (ii) Section 32-3430. (jj) Section 32-3620. (kk) Section 32-3668. (ll) Section 32-3669. (mm) Section 32-3922. (nn) Section 32-3924. (oo) Section 32-4222. (pp) Section 32-4128. (qq) Section 36-113. (rr) Section 36-207. (ss) Section 36-411. (tt) Section 36-425.03. (uu) Section 36-446.04. (vv) Section 36-594.01. (ww) Section 36-594.02. (xx) Section 36-766.01. (yy) Section 36-882. (zz) Section 36-883.02. (aaa) Section 36-897.01. (bbb) Section 36-897.03. (ccc) Section 36-3008. (ddd) Section 41-619.53. (eee) Section 41-1964. (fff) Section 41-1967.01. (ggg) Section 41-1968. (hhh) Section 41-1969. (iii) Section 41-2814. (jjj) Section 41-4025. (kkk) Section 46-141, subsection A or B. (lll) Section 46-321.END_STATUTE Sec. 12. Section 41-1092, Arizona Revised Statutes, is amended to read: START_STATUTE41-1092. Definitions In this article, unless the context otherwise requires: 1. "Administrative law judge" means an individual or an agency head, board or commission that sits as an administrative law judge, that conducts administrative hearings in a contested case or an appealable agency action and that makes decisions regarding the contested case or appealable agency action. 2. "Administrative law judge decision" means the findings of fact, conclusions of law and recommendations or decisions issued by an administrative law judge. 3. "Adversely affected party" means: (a) An individual who both: (i) Provides evidence of an actual injury or economic damage that the individual has suffered or will suffer as a direct result of the action and not due to being a competitor or a general taxpayer. (ii) Timely submits comments on the license application that include, with sufficient specificity, the questions of law, if applicable, that are the basis for the appeal. (b) A group or association that identifies, by name and physical address in the notice of appeal, a member of the group or association who would be an adversely affected party in the individual's own right. 4. "Appealable agency action" means an action that determines the legal rights, duties or privileges of a party, including the administrative completeness of an application other than an application submitted to the department of water resources pursuant to title 45, and that is not a contested case. Appealable agency actions do not include interim orders by self-supporting regulatory boards, rules, orders, standards or statements of policy of general application issued by an administrative agency to implement, interpret or make specific the legislation enforced or administered by it or clarifications of interpretation, nor does it mean or include rules concerning the internal management of the agency that do not affect private rights or interests. For the purposes of this paragraph, administrative hearing does not include a public hearing held for the purpose of receiving public comment on a proposed agency action. 5. "Director" means the director of the office of administrative hearings. 6. "Final administrative decision" means a decision by an agency that is subject to judicial review pursuant to title 12, chapter 7, article 6. 7. "Licensee": (a) Means any individual or business entity that has been issued a license by a state agency to engage in any business or activity in this state and that is subject to a licensing decision. (b) Includes any individual or business entity that has applied for such a license and that appeals a licensing decision pursuant to section 41-1092.08 or 41-1092.12. 8. "Office" means the office of administrative hearings. 9. "Self-supporting regulatory board" means any of the following: (a) The Arizona state board of accountancy. (b) The barbering and cosmetology board of beauty and wellness. (c) The board of behavioral health examiners. (d) The Arizona state boxing and mixed martial arts commission. (e) The state board of chiropractic examiners. (f) The state board of dental examiners. (g) The Arizona game and fish commission. (h) The board of homeopathic and integrated medicine examiners. (i) The Arizona medical board. (j) The naturopathic physicians medical board. (k) The Arizona state board of nursing. (l) The board of examiners of nursing care institution administrators and assisted living facility managers. (m) The board of occupational therapy examiners. (n) The state board of dispensing opticians. (o) The state board of optometry. (p) The Arizona board of osteopathic examiners in medicine and surgery. (q) The Arizona peace officer standards and training board. (r) The Arizona state board of pharmacy. (s) The board of physical therapy. (t) The state board of podiatry examiners. (u) The state board for private postsecondary education. (v) The state board of psychologist examiners. (w) The board of respiratory care examiners. (x) The state board of technical registration. (y) The Arizona state veterinary medical examining board. (z) The acupuncture board of examiners. (aa) The Arizona regulatory board of physician assistants. (bb) The board of athletic training. (cc) The board of massage therapy. END_STATUTE Sec. 13. Section 41-1758, Arizona Revised Statutes, is amended to read: START_STATUTE41-1758. Definitions In this article, unless the context otherwise requires: 1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of massage therapy beauty and wellness or the Arizona department of housing. 2. "Division" means the fingerprinting division in the department of public safety. 3. "Electronic or internet-based fingerprinting services" means a secure system for digitizing applicant fingerprints and transmitting the applicant data and fingerprints of a person or entity submitting fingerprints to the department of public safety for any authorized purpose under this title. For the purposes of this paragraph, "secure system" means a system that complies with the information technology security policy approved by the department of public safety. 4. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41-619.55. 5. "Person" means a person who is required to be fingerprinted pursuant to any of the following: (a) Section 3-314. (b) Section 8-105. (c) Section 8-322. (d) Section 8-463. (e) Section 8-509. (f) Section 8-802. (g) Section 15-183. (h) Section 15-503. (i) Section 15-512. (j) Section 15-534. (k) Section 15-763.01. (l) Section 15-782.02. (m) Section 15-1330. (n) Section 15-1881. (o) Section 17-215. (p) Section 28-3228. (q) Section 28-3413. (r) Section 32-122.02. (s) Section 32-122.05. (t) Section 32-122.06. (u) Section 32-823. (v) Section 32-1232. (w) Section 32-1276.01. (x) Section 32-1284. (y) Section 32-1297.01. (z) Section 32-1904. (aa) Section 32-1941. (bb) Section 32-1982. (cc) Section 32-2022. (dd) Section 32-2063. (ee) Section 32-2108.01. (ff) Section 32-2123. (gg) Section 32-2371. (hh) Section 32-3430. (ii) Section 32-3620. (jj) Section 32-3668. (kk) Section 32-3669. (ll) Section 32-3922. (mm) Section 32-3924. (nn) Section 32-4128. (oo) Section 32-4222. (pp) Section 36-113. (qq) Section 36-207. (rr) Section 36-411. (ss) Section 36-425.03. (tt) Section 36-446.04. (uu) Section 36-594.01. (vv) Section 36-594.02. (ww) Section 36-766.01. (xx) Section 36-882. (yy) Section 36-883.02. (zz) Section 36-897.01. (aaa) Section 36-897.03. (bbb) Section 36-3008. (ccc) Section 41-619.52. (ddd) Section 41-619.53. (eee) Section 41-1964. (fff) Section 41-1967.01. (ggg) Section 41-1968. (hhh) Section 41-1969. (iii) Section 41-2814. (jjj) Section 41-4025. (kkk) Section 46-141, subsection A or B. (lll) Section 46-321. 6. "Vulnerable adult" has the same meaning prescribed in section 13-3623. END_STATUTE Sec. 14. Repeal Sections 41-3025.10 and 41-3026.06, Arizona Revised Statutes, are repealed. Sec. 15. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding section 41-3028.04, to read: START_STATUTE41-3028.04. Board of beauty and wellness; termination July 1, 2028 A. The board of beauty and wellness terminates on july 1, 2028. b. title 32, chapters 3, 5 and 42 and this section are repealed on january 1, 2029.END_STATUTE Sec. 16. Purpose Pursuant to section 41-2955, subsection E, Arizona Revised Statutes, the legislature establishes the board of beauty and wellness to promote the safe and professional practice of barbering, cosmetology and massage therapy in this state. Sec. 17. Transfer; effect; succession A. As provided by this act, the board of beauty and wellness succeeds to the authority, powers, duties and responsibilities of the board of massage therapy. B. This act does not alter the effect of any actions that were taken or impair the valid obligations of the board of massage therapy in existence before the effective date of this act. C. All administrative matters, contracts and judicial and quasi-judicial actions, whether completed, pending or in process, of the board of massage therapy on the effective date of this act are transferred to and retain the same status with the board of beauty and wellness. D. All certificates, licenses, registrations, permits and other indicia of qualification and authority that were issued by the board of massage therapy retain their validity for the duration of their terms of validity as provided by law. E. All equipment, records, furnishings and other property and all data and investigative findings of the board of massage therapy are transferred to the board of beauty and wellness on the effective date of this act. F. The board of beauty and wellness may waive the annual renewal license fee for any licensee in good standing during the period of consolidation. Sec. 18. Initial terms of members of the board of beauty and wellness A. Notwithstanding section 32-502, Arizona Revised Statutes, as amended by this act, the initial terms of members of the board of beauty and wellness are: 1. Two terms ending June 30, 2027. 2. Two terms ending June 30, 2028. 3. Three terms ending June 30, 2029. 4. Four terms ending June 30, 2030. B. The governor shall make all subsequent appointments as prescribed by statute. Sec. 19. Retention of members All persons serving as members of the former barbering and cosmetology board and the former board of massage therapy may continue to serve on the board of beauty and wellness established by section 32-502, Arizona Revised Statutes, as amended by this act, until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. Sec. 20. Barbering, cosmetology and massage therapy consolidation study committee; membership; duties; report; delayed repeal A. The barbering, cosmetology and massage therapy consolidation study committee is established consisting of the following members: 1. The executive director of the barbering and cosmetology board established by section 32-502, Arizona Revised Statutes. 2. The chairperson of the barbering and cosmetology board established by section 32-502, Arizona Revised Statutes. 3. The executive director of the board of massage therapy established by section 32-4202, Arizona Revised Statutes. 4. The chairperson of the board of massage therapy established by section 32-4202, Arizona Revised Statutes. 5. Two members who represent massage therapy associations and who are appointed by the governor. B. The committee: 1. Shall identify necessary statutory changes, information technology needs, staffing needs and best practices relating to the consolidation of the barbering and cosmetology board and the board of massage therapy pursuant to this act. 2. May work with and consult with experts, agencies, legislators and legislative staff to implement this act. 3. On or before December 15, 2024, shall submit a report regarding the committee's activities and recommendations for administrative or legislative action to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state. C. This section is repealed from and after September 30, 2025. Sec. 21. Effective date A. Sections 32-301, 32-501, 32-502, 32-503, 32-505, 32-573, 32-4201, 32-4222, 32-4228, 41-619.51, 41-1092 and 41-1758, Arizona Revised Statutes, as amended by this act, are effective from and after June 30, 2025. B. Section 41-3028.04, Arizona Revised Statutes, as added by this act, is effective from and after June 30, 2025. C. Sections 32-4202, 32-4204, 32-4205, 41-3025.10 and 41-3026.06, Arizona Revised Statutes, as repealed by this act, are effective from and after June 30, 2025. |
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| 80 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 32-301, Arizona Revised Statutes, is amended to read: START_STATUTE32-301. Definitions In this chapter, unless the context otherwise requires: 1. "Barber" means a person who is licensed to practice barbering by the board. 2. "Barbering" means any one or a combination of the following practices if they are performed on a person's head, face, neck or shoulders for cosmetic purposes: (a) Cutting, clipping or trimming hair. (b) Massaging, cleansing, stimulating, manipulating, exercising, beautifying or applying oils, creams, antiseptics, clays, lotions or other preparations, either by hand or by mechanical or electrical appliances. (c) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, singeing, bleaching, dyeing, tinting, coloring or similarly treating hair. (d) Providing hair attachments, extensions, hairpieces and wigs when performed by a barber. (e) Shaving or trimming a beard. (f) Providing skin care. 3. "Board" means the barbering, and cosmetology and massage therapy board. 4. "Instructor" means a person who is licensed to teach barbering pursuant to this chapter. 5. "Mentor" means a barber who is approved by the board to train a person in a department of economic security-approved apprenticeship program in barbering in an establishment that is licensed by the board. 6. "School" means an establishment that is operated for the purpose of teaching barbering or cosmetology. 7. "Shop" or "salon" means an establishment that is operated for the purpose of engaging in the practice of barbering. END_STATUTE Sec. 2. Section 32-501, Arizona Revised Statutes, is amended to read: START_STATUTE32-501. Definitions In this chapter, unless the context otherwise requires: 1. "Aesthetician": (a) Means a person who is licensed to practice skin care pursuant to this chapter. (b) Does not include an eyelash technician. 2. "Aesthetics" means any one or a combination of the following practices if they are performed for cosmetic purposes: (a) Massaging, cleansing, stimulating, manipulating, exercising, beautifying or applying oils, creams, antiseptics, clays, lotions or other preparations, either by hand or by mechanical or electrical appliances. (b) Arching eyebrows or tinting eyebrows and eyelashes. (c) Removing superfluous hair by means other than electrolysis or threading. 3. "Barbering" has the same meaning prescribed in section 32-301. 4. "Board" means the barbering, and cosmetology and massage therapy board. 5. "Cosmetic purposes" means for the purpose of beautifying, preserving or conferring comeliness, excluding therapeutic massage and manipulations. 6. "Cosmetologist" means a person who is licensed to practice cosmetology pursuant to this chapter. 7. "Cosmetology": (a) Means any one or a combination of the following practices if they are performed for cosmetic purposes: (i) Massaging, cleansing, stimulating, manipulating, exercising, beautifying or applying oils, creams, antiseptics, clays, lotions or other preparations, either by hand or by mechanical or electrical appliances. (ii) Arching eyebrows or tinting eyebrows and eyelashes. (iii) Removing superfluous hair by means other than electrolysis or threading. (iv) Nail technology. (v) Hairstyling. (b) Does not include performing personal services related to eyelash extensions. 8. "Electrical appliances" means devices that use electrical current and includes lasers and IPL devices as defined in section 32-516. 9. "Eyelash extensions": (a) Means applying, removing and trimming threadlike natural or synthetic fibers to an eyelash. (b) Includes cleansing the eye area and lashes. (c) Does not include applying eyelash enhancements that are tattoos, color agents, straightening agents, permanent wave solutions or bleaching agents to the eyebrow or any other cosmetology service. 10. "Eyelash technician" means a person who is not licensed as a cosmetologist or aesthetician and who for compensation performs personal services limited to eyelash extensions. 11. "Hairstyling" means any of the following: (a) Cutting, clipping or trimming hair. (b) Styling, arranging, dressing, curling, waving, permanent waving, straightening, cleansing, singeing, bleaching, dyeing, tinting, coloring or similarly treating hair. (c) Removing superfluous hair from the neck up by means other than electrolysis or threading. 12. "Hairstylist" means a person who is licensed to practice hairstyling pursuant to this chapter. 13. "Instructor" means a person who is licensed to teach cosmetology, aesthetics, nail technology or hairstyling, or any combination thereof, pursuant to this chapter. 14. "Mentor" means a cosmetologist who is approved by the board to train a person in a department of economic security-approved apprenticeship program in cosmetology in an establishment that is licensed by the board. 15. "Nail technician" means a person who is licensed to practice nail technology pursuant to this chapter. 16. "Nail technology" means any of the following: (a) Cutting, trimming, polishing, coloring, tinting, cleansing or otherwise treating a person's nails. (b) Applying artificial nails. (c) Massaging and cleaning a person's hands, arms, legs and feet. 17. "Salon" means any of the following: (a) An establishment that is operated for the purpose of engaging in the practice of cosmetology, aesthetics, nail technology or hairstyling, or any combination of the listed practices. (b) An establishment together with a retrofitted motor vehicle for exclusive use as a mobile facility for the purpose of engaging in the practice of cosmetology, aesthetics, nail technology or hairstyling, or any combination of the listed practices, that is operated and dispatched through the establishment. (c) A retrofitted motor vehicle that is exclusively used as a mobile facility for the purpose of engaging in the practice of cosmetology, aesthetics, nail technology or hairstyling, or any combination of the listed practices, and that is operated and dispatched from a business that has a physical street address on file with the board. 18. "School" means an establishment that is operated for the purpose of teaching barbering, cosmetology, aesthetics, nail technology or hairstyling, or any combination of the listed practices. 19. "Threading" means a service that results in the removal of hair from its follicle from around the eyebrows and from other parts of the face with the use of a single strand of cotton thread and an over-the-counter astringent, if the service does not use chemicals of any kind, wax or any implements, instruments or tools to remove hair. END_STATUTE Sec. 3. Section 32-502, Arizona Revised Statutes, is amended to read: START_STATUTE32-502. Barbering, cosmetology and massage therapy board; members; appointment; qualifications; terms A. The barbering, and cosmetology and massage therapy board is established consisting of the following members who are appointed by the governor: 1. One cosmetologist who has actively practiced cosmetology in this state for at least three years immediately preceding appointment. 2. Two Three school owners who do not own the same school, one of whom owns a school that teaches cosmetology, and one of whom owns a school that teaches barbering and one of whom owns a school that teaches massage therapy. 3. Five public members, preferably one of whom is an educator, who are not and have never been associated with the barbering, cosmetology, or nail technology industry or massage therapy industries, licensed as a barber, cosmetologist, or nail technician or massage therapist or involved in manufacturing barbering, cosmetology, or nail technology or massage therapy products. 4. One barber who has actively practiced barbering in this state for at least three years. 5. One massage therapist who has actively practiced in this state for at least three years. B. The term of office for members is three years beginning and ending June 22. C. The governor may remove board members for neglect of duty, malfeasance or misfeasance. END_STATUTE Sec. 4. Section 32-503, Arizona Revised Statutes, is amended to read: START_STATUTE32-503. Organization; meetings; personnel; compensation A. The board shall annually elect a chairman, vice chairman and secretary-treasurer from among its membership. B. The board shall hold at least one regular meeting monthly and may hold other meetings at times and places it designates. C. Subject to title 41, chapter 4, article 4, the board may employ the following personnel as it deems necessary to carry out the purposes of this chapter and chapter chapters 3 and 42 of this title and designate their duties: 1. An executive director. 2. A supervisor of examinations who is an instructor licensed pursuant to this chapter or chapter 3 of this title by the board and who has worked at least two of the five years immediately preceding employment as an instructor in a school licensed pursuant to this chapter by the board. 3. Examiners who are not employed as instructors in any school licensed pursuant to this chapter or chapter 3 of this title. 4. Persons to provide investigative, professional and clerical assistance. 5. Consultants to assist the board in performing its duties. 6. Other personnel. D. Members of the board are eligible to receive compensation as determined pursuant to section 38-611 for each day of actual service in the business of the board. The board shall compensate its executive director and other personnel as determined pursuant to section 38-611. END_STATUTE Sec. 5. Section 32-505, Arizona Revised Statutes, is amended to read: START_STATUTE32-505. Barbering, cosmetology and massage therapy fund A. The barbering, and cosmetology and massage therapy fund is established. Except as provided in subsection C of this section, before the end of each calendar month the board shall deposit, pursuant to sections 35-146 and 35-147, ten percent of all monies from whatever source that come into the possession of the board in the state general fund and deposit the remaining ninety percent in the barbering, and cosmetology and massage therapy fund. B. Except as provided in section 32-573, subsection G, monies deposited in the barbering, and cosmetology and massage therapy fund are subject to section 35-143.01. C. Monies from civil penalties received pursuant to section 32-571 shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. END_STATUTE Sec. 6. Section 32-573, Arizona Revised Statutes, is amended to read: START_STATUTE32-573. Procedure for disciplinary action; appeal A. The board on its own motion may investigate any information that appears to show the existence of any of the causes set forth in section 32-572. The board shall investigate the report of any person that appears to show the existence of any of the causes set forth in section 32-572. A person who reports pursuant to this section and who provides the information in good faith is not subject to liability for civil damages as a result. B. If, after completing its investigation, the board finds that the evidence is not of sufficient seriousness to merit direct action against a license or registration, it may take either of the following actions: 1. Dismiss if, in the opinion of the board, the evidence is without merit. 2. File a letter of concern if, in the opinion of the board, while there is insufficient evidence to support direct action against the license or registration there is sufficient evidence for the board to notify the licensee or registrant that continuation of the activities that led to the information or report being made to the board may result in action against the licensee's license or registrant's registration. C. If, in the opinion of the board, it appears the information or report is or may be true, the board shall request an informal interview with the licensee or registrant concerned. The interview shall be requested by the board in writing, stating the reasons for the interview and setting a date at least ten days after the date of the notice for conducting the interview. D. If, after an informal interview, the board finds that the evidence warrants suspension or revocation of a license or registration issued pursuant to this chapter, imposition of a civil penalty or public reproof or if the licensee or registrant under investigation refuses to attend the informal interview, a complaint shall be issued and formal proceedings shall be initiated. All proceedings pursuant to this subsection shall be conducted in accordance with title 41, chapter 6, article 10. E. A licensee or registrant who has been notified pursuant to subsection D of this section of charges pending against the licensee or registrant shall file with the board an answer in writing to the charges not more than thirty days after the licensee or registrant receives the complaint. If the licensee or registrant fails to answer in writing within this time, it is deemed an admission by the licensee or registrant of the acts charged in the complaint and the board may take disciplinary action allowed by this chapter without a hearing. F. If the board finds that the evidence is not of sufficient seriousness to merit suspension or revocation of a license or registration issued pursuant to this chapter, imposition of a civil penalty or public reproof, the board may take the following actions: 1. Dismiss if, in the opinion of the board, the evidence is without merit. 2. File a letter of concern if, in the opinion of the board, while there is insufficient evidence to support direct action against the license or registration there is sufficient evidence for the board to notify the licensee or registrant that continuation of the activities which led to the information or report being made to the board may result in action against the licensee's license or registrant's registration. 3. Impose probation requirements. G. If a licensee or registrant violates this chapter or a rule adopted pursuant to this chapter, the board may assess the licensee or registrant with the board's reasonable costs and expenses, including attorney fees, incurred in conducting the investigation and administrative hearing. All monies collected pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in a separate account in the barbering, and cosmetology and massage therapy fund established by section 32-505. The board may only use these monies to defray its expenses in connection with investigation related training and education, disciplinary investigations and all costs related to administrative hearings. Notwithstanding section 35-143.01, the separate account monies may be spent without legislative appropriation. H. Except as provided in section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6. END_STATUTE Sec. 7. Section 32-4201, Arizona Revised Statutes, is amended to read: START_STATUTE32-4201. Definitions In this chapter, unless the context otherwise requires: 1. "Board" means the board of barbering, cosmetology and massage therapy board. 2. "Board recognized school" means a school that is any of the following: (a) Accredited to offer massage therapy education by an agency recognized by the secretary of the United States department of education. (b) If located in this state, offered by a community college or approved by the state board for private postsecondary education. (c) If located in another state or a Canadian province, approved by an agency similar to the state board for private postsecondary education. (d) A career technical education district program that is offered by a career technical education district as defined in section 15-391. 3. "Bodywork therapy" means massage therapy. 4. "Massage therapist" means a person who is licensed under this chapter to engage in the practice of massage therapy. 5. "Massage therapy" means the following that are undertaken to increase wellness, relaxation, stress reduction, pain relief and postural improvement or provide general or specific therapeutic benefits: (a) The manual application of compression, stretch, vibration or mobilization of the organs and tissues beneath the dermis, including the components of the musculoskeletal system, peripheral vessels of the circulatory system and fascia, when applied primarily to parts of the body other than the hands, feet and head. (b) The manual application of compression, stretch, vibration or mobilization using the forearms, elbows, knees or feet or handheld mechanical or electrical devices. (c) Any combination of range of motion, directed, assisted or passive movements of the joints. (d) Hydrotherapy, including the therapeutic applications of water, heat, cold, wraps, essential oils, skin brushing, salt glows and similar applications of products to the skin. 6. "Practice of massage therapy" means the application of massage therapy to any person for a fee or other consideration. Practice of massage therapy does not include the diagnosis of illness or disease, medical procedures, naturopathic manipulative medicine, osteopathic manipulative medicine, chiropractic adjustive procedures, homeopathic neuromuscular integration, electrical stimulation, ultrasound, prescription of medicines or the use of modalities for which a license to practice medicine, chiropractic, nursing, occupational therapy, athletic training, physical therapy, acupuncture or podiatry is required by law. END_STATUTE Sec. 8. Repeal; transfer of monies A. Sections 32-4202, 32-4204 and 32-4205, Arizona Revised Statutes, are repealed. B. All unexpended and unencumbered monies remaining in the board of massage therapy fund established by section 32-4205, Arizona Revised Statutes, as repealed by subsection A of this section, are transferred on the effective date of this section to the barbering, cosmetology and massage therapy fund established by section 32-505, Arizona Revised Statutes, as amended by this act. Sec. 9. Section 32-4228, Arizona Revised Statutes, is amended to read: START_STATUTE32-4228. Massage therapy schools; recognition A. The board shall recognize a school of massage therapy located in this state if it is approved by the state board for private postsecondary education, is accredited to offer massage therapy education by an agency recognized by the secretary of the United States department of education or is a career technical education district program that is offered by a career technical education district as defined in section 15-391. B. The board shall recognize a school of massage therapy located in another state or a Canadian province if it is accredited or approved by an agency similar to the state board for private postsecondary education or it is accredited to offer massage therapy education by an agency recognized by the secretary of the United States department of education. C. Each school of massage therapy that is located in this state and that receives approval from the state board for private postsecondary education shall report to the board of massage therapy: 1. The physical address of the school and each instructional facility maintained or operated by the school. 2. All faculty and instructional staff, and all additions to or deletions from the faculty and staff. D. The board shall maintain a list of recognized schools. END_STATUTE Sec. 10. Section 41-619.51, Arizona Revised Statutes, is amended to read: START_STATUTE41-619.51. Definitions In this article, unless the context otherwise requires: 1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of barbering, cosmetology and massage therapy board or the Arizona department of housing. 2. "Board" means the board of fingerprinting. 3. "Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41-619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8-804. 4. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present. 5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41-619.55. 6. "Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following: (a) Section 3-314. (b) Section 8-105. (c) Section 8-322. (d) Section 8-463. (e) Section 8-509. (f) Section 8-802. (g) Section 8-804. (h) Section 15-183. (i) Section 15-503. (j) Section 15-512. (k) Section 15-534. (l) Section 15-763.01. (m) Section 15-782.02. (n) Section 15-1330. (o) Section 15-1881. (p) Section 17-215. (q) Section 28-3228. (r) Section 28-3413. (s) Section 32-122.02. (t) Section 32-122.05. (u) Section 32-122.06. (v) Section 32-823. (w) Section 32-1232. (x) Section 32-1276.01. (y) Section 32-1284. (z) Section 32-1297.01. (aa) Section 32-1904. (bb) Section 32-1941. (cc) Section 32-1982. (dd) Section 32-2022. (ee) Section 32-2063. (ff) Section 32-2108.01. (gg) Section 32-2123. (hh) Section 32-2371. (ii) Section 32-3430. (jj) Section 32-3620. (kk) Section 32-3668. (ll) Section 32-3669. (mm) Section 32-3922. (nn) Section 32-3924. (oo) Section 32-4222. (pp) Section 32-4128. (qq) Section 36-113. (rr) Section 36-207. (ss) Section 36-411. (tt) Section 36-425.03. (uu) Section 36-446.04. (vv) Section 36-594.01. (ww) Section 36-594.02. (xx) Section 36-766.01. (yy) Section 36-882. (zz) Section 36-883.02. (aaa) Section 36-897.01. (bbb) Section 36-897.03. (ccc) Section 36-3008. (ddd) Section 41-619.53. (eee) Section 41-1964. (fff) Section 41-1967.01. (ggg) Section 41-1968. (hhh) Section 41-1969. (iii) Section 41-2814. (jjj) Section 41-4025. (kkk) Section 46-141, subsection A or B. (lll) Section 46-321.END_STATUTE Sec. 11. Section 41-1092, Arizona Revised Statutes, is amended to read: START_STATUTE41-1092. Definitions In this article, unless the context otherwise requires: 1. "Administrative law judge" means an individual or an agency head, board or commission that sits as an administrative law judge, that conducts administrative hearings in a contested case or an appealable agency action and that makes decisions regarding the contested case or appealable agency action. 2. "Administrative law judge decision" means the findings of fact, conclusions of law and recommendations or decisions issued by an administrative law judge. 3. "Adversely affected party" means: (a) An individual who both: (i) Provides evidence of an actual injury or economic damage that the individual has suffered or will suffer as a direct result of the action and not due to being a competitor or a general taxpayer. (ii) Timely submits comments on the license application that include, with sufficient specificity, the questions of law, if applicable, that are the basis for the appeal. (b) A group or association that identifies, by name and physical address in the notice of appeal, a member of the group or association who would be an adversely affected party in the individual's own right. 4. "Appealable agency action" means an action that determines the legal rights, duties or privileges of a party, including the administrative completeness of an application other than an application submitted to the department of water resources pursuant to title 45, and that is not a contested case. Appealable agency actions do not include interim orders by self-supporting regulatory boards, rules, orders, standards or statements of policy of general application issued by an administrative agency to implement, interpret or make specific the legislation enforced or administered by it or clarifications of interpretation, nor does it mean or include rules concerning the internal management of the agency that do not affect private rights or interests. For the purposes of this paragraph, administrative hearing does not include a public hearing held for the purpose of receiving public comment on a proposed agency action. 5. "Director" means the director of the office of administrative hearings. 6. "Final administrative decision" means a decision by an agency that is subject to judicial review pursuant to title 12, chapter 7, article 6. 7. "Licensee": (a) Means any individual or business entity that has been issued a license by a state agency to engage in any business or activity in this state and that is subject to a licensing decision. (b) Includes any individual or business entity that has applied for such a license and that appeals a licensing decision pursuant to section 41-1092.08 or 41-1092.12. 8. "Office" means the office of administrative hearings. 9. "Self-supporting regulatory board" means any of the following: (a) The Arizona state board of accountancy. (b) The barbering, and cosmetology and massage therapy board. (c) The board of behavioral health examiners. (d) The Arizona state boxing and mixed martial arts commission. (e) The state board of chiropractic examiners. (f) The state board of dental examiners. (g) The Arizona game and fish commission. (h) The board of homeopathic and integrated medicine examiners. (i) The Arizona medical board. (j) The naturopathic physicians medical board. (k) The Arizona state board of nursing. (l) The board of examiners of nursing care institution administrators and assisted living facility managers. (m) The board of occupational therapy examiners. (n) The state board of dispensing opticians. (o) The state board of optometry. (p) The Arizona board of osteopathic examiners in medicine and surgery. (q) The Arizona peace officer standards and training board. (r) The Arizona state board of pharmacy. (s) The board of physical therapy. (t) The state board of podiatry examiners. (u) The state board for private postsecondary education. (v) The state board of psychologist examiners. (w) The board of respiratory care examiners. (x) The state board of technical registration. (y) The Arizona state veterinary medical examining board. (z) The acupuncture board of examiners. (aa) The Arizona regulatory board of physician assistants. (bb) The board of athletic training. (cc) The board of massage therapy. END_STATUTE Sec. 12. Section 41-1758, Arizona Revised Statutes, is amended to read: START_STATUTE41-1758. Definitions In this article, unless the context otherwise requires: 1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of barbering, cosmetology and massage therapy board or the Arizona department of housing. 2. "Division" means the fingerprinting division in the department of public safety. 3. "Electronic or internet-based fingerprinting services" means a secure system for digitizing applicant fingerprints and transmitting the applicant data and fingerprints of a person or entity submitting fingerprints to the department of public safety for any authorized purpose under this title. For the purposes of this paragraph, "secure system" means a system that complies with the information technology security policy approved by the department of public safety. 4. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41-619.55. 5. "Person" means a person who is required to be fingerprinted pursuant to any of the following: (a) Section 3-314. (b) Section 8-105. (c) Section 8-322. (d) Section 8-463. (e) Section 8-509. (f) Section 8-802. (g) Section 15-183. (h) Section 15-503. (i) Section 15-512. (j) Section 15-534. (k) Section 15-763.01. (l) Section 15-782.02. (m) Section 15-1330. (n) Section 15-1881. (o) Section 17-215. (p) Section 28-3228. (q) Section 28-3413. (r) Section 32-122.02. (s) Section 32-122.05. (t) Section 32-122.06. (u) Section 32-823. (v) Section 32-1232. (w) Section 32-1276.01. (x) Section 32-1284. (y) Section 32-1297.01. (z) Section 32-1904. (aa) Section 32-1941. (bb) Section 32-1982. (cc) Section 32-2022. (dd) Section 32-2063. (ee) Section 32-2108.01. (ff) Section 32-2123. (gg) Section 32-2371. (hh) Section 32-3430. (ii) Section 32-3620. (jj) Section 32-3668. (kk) Section 32-3669. (ll) Section 32-3922. (mm) Section 32-3924. (nn) Section 32-4128. (oo) Section 32-4222. (pp) Section 36-113. (qq) Section 36-207. (rr) Section 36-411. (ss) Section 36-425.03. (tt) Section 36-446.04. (uu) Section 36-594.01. (vv) Section 36-594.02. (ww) Section 36-766.01. (xx) Section 36-882. (yy) Section 36-883.02. (zz) Section 36-897.01. (aaa) Section 36-897.03. (bbb) Section 36-3008. (ccc) Section 41-619.52. (ddd) Section 41-619.53. (eee) Section 41-1964. (fff) Section 41-1967.01. (ggg) Section 41-1968. (hhh) Section 41-1969. (iii) Section 41-2814. (jjj) Section 41-4025. (kkk) Section 46-141, subsection A or B. (lll) Section 46-321. 6. "Vulnerable adult" has the same meaning prescribed in section 13-3623. END_STATUTE Sec. 13. Repeal Section 41-3025.10, Arizona Revised Statutes, is repealed. Sec. 14. Section 41-3026.06, Arizona Revised Statutes, is amended to read: START_STATUTE41-3026.06. Barbering, cosmetology and massage therapy board; termination July 1, 2026 A. The barbering, and cosmetology and massage therapy board terminates on July 1, 2026. B. Title 32, chapters 3, and 5 and 42 and this section are repealed on January 1, 2027. END_STATUTE Sec. 15. Transfer; effect; succession A. As provided by this act, the barbering, cosmetology and massage therapy board succeeds to the authority, powers, duties and responsibilities of the board of massage therapy. B. This act does not alter the effect of any actions that were taken or impair the valid obligations of the board of massage therapy in existence before the effective date of this act. C. All administrative matters, contracts and judicial and quasi-judicial actions, whether completed, pending or in process, of the board of massage therapy on the effective date of this act are transferred to and retain the same status with the barbering, cosmetology and massage therapy board. D. All certificates, licenses, registrations, permits and other indicia of qualification and authority that were issued by the board of massage therapy retain their validity for the duration of their terms of validity as provided by law. E. All equipment, records, furnishings and other property and all data and investigative findings of the board of massage therapy are transferred to the barbering, cosmetology and massage therapy board on the effective date of this act. Sec. 16. Initial terms of members of the barbering, cosmetology and massage therapy board A. Notwithstanding section 32-502, Arizona Revised Statutes, as amended by this act, the initial terms of members of the barbering, cosmetology and massage therapy board are: 1. Two terms ending June 30, 2027. 2. Two terms ending June 30, 2028. 3. Three terms ending June 30, 2029. 4. Four terms ending June 30, 2030. B. The governor shall make all subsequent appointments as prescribed by statute. Sec. 17. Retention of members All persons serving as members of the former barbering and cosmetology board and the former board of massage therapy may continue to serve on the barbering, cosmetology and massage therapy board established by section 32-502, Arizona Revised Statutes, as amended by this act, until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. |
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