Arizona 2024 2024 Regular Session

Arizona Senate Bill SB1021 Comm Sub / Analysis

Filed 03/13/2024

                      	SB 1021 
Initials AG/KT 	Page 1 	Regulatory Affairs 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
Second Regular Session 
Senate: HHS DPA 5-1-1-0 | 3rd Read 24-4-2-0 
 
SB 1021: scope of practice; process; repeal 
Sponsor: Senator Shope, LD 16 
Committee on Regulatory Affairs 
Overview 
Removes the requirement that health professional groups proposing to increase the scope of 
practice of a state-regulated health profession must complete a statutory sunrise review.  
History 
Currently, statute provides that a health profession must be regulated by this state only if: 
1) there is credible evidence that the unregulated practice of that health profession can 
clearly harm or endanger the public health, safety or welfare and the potential for 
harm is easily recognizable and not remote or dependent on tenuous argument; 
2) the public needs and can reasonably be expected to benefit from an assurance of initial 
and continuing professional ability; and 
3) the public cannot be effectively protected by other means in a more cost-effective 
manner (A.R.S. § 32-3103). 
A health professional group may file a sunrise application if they would like to be regulated 
or expand their current scope of practice. Specifically, a health professional group proposing 
to expand their scope of practice must submit the application that addresses the statutorily 
prescribed factors and submit it to the President of the Senate and Speaker of the House of 
Representatives by November 1 before the start of the legislative session. 
The President of the Senate and Speaker of the House of Representatives may assign the 
application to the Senate Health and Human Services Committee and the House of 
Representatives Health & Human Services Committee or their respective successor 
committees to review the report. The legislative committees may hold informational hearings 
on the application and take public comments before the legislative session convenes but must 
not vote on whether to accept or reject the application.  
The health professional group may also request an informational hearing and introduce 
legislation in the legislative session regardless of if an informational hearing is conducted or 
if any comments were received during the informational hearing. The lack of a hearing must 
not be considered as either support or rejection of the health professional group's proposed 
legislation. Sunrise applications that are submitted 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, 32-3105 and 32-3106). 
A similar bill was introduced  in the 56th Legislature, 1st Regular Session  and was vetoed by 
the Governor (SB 1248 scope of practice; process; repeal).   
 
    	SB 1021 
Initials AG/KT 	Page 2 	Regulatory Affairs 
Provisions 
1. Repeals the requirement that health professional groups seeking to increase the scope of 
practice for a state-regulated health profession must complete a statutory sunrise review.              
(Sec. 3, 4) 
2. Outlines criteria that the Legislature must consider for proposed legislation to increase 
the scope of practice of a health professional group: 
a) whether current education and training, preparedness or available continuing 
education and training for the health professional group adequately prepares 
members of the profession for the proposed increased scope; 
b) whether increasing the scope of practice will improve patient access to safe and 
affordable care; 
c) whether increasing the scope of practice will advance health, safety or welfare; and 
d) whether increasing the scope of practice will create a substantial regulatory burden 
for the state, including the administrative and financial capacity of the regulatory 
entity that regulates the health professional group. (Sec. 4) 
3. Instructs a health professional group seeking an increase in the scope of practice, within 
10 days of introduction of proposed legislation or an amendment for expansion, to provide 
written notification to the health profession's regulatory entity. (Sec. 4) 
4. Deems it is the Legislature's intent to preserve the health and safety of Arizonans and 
ensure that Arizonans only receive health care services from qualified providers. (Sec. 6) 
5. Declares that the Legislature reserves the right to reinstate the sunrise review process 
at any time if its elimination demonstrably lessens the quality of health care in Arizona. 
(Sec. 6) 
6. Defines increase the scope of practice. (Sec. 4) 
7. Modifies the term health professional group. (Sec. 1) 
8. Makes technical and conforming changes. (Sec. 1-4) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note