| 1 | 1 | | REFERENCE TITLE: certifying organizations; secretary of state State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 SB 1510 Introduced by Senators Shamp: Carroll, Gowan An Act amending title 41, chapter 1, article 2, Arizona Revised Statutes, by adding section 41-134; relating to occupational registration. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 9 | 9 | | REFERENCE TITLE: certifying organizations; secretary of state |
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| 10 | 10 | | State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 |
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| 11 | 11 | | SB 1510 |
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| 12 | 12 | | Introduced by Senators Shamp: Carroll, Gowan |
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| 14 | 14 | | REFERENCE TITLE: certifying organizations; secretary of state |
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| 24 | 24 | | State of Arizona |
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| 26 | 26 | | Senate |
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| 28 | 28 | | Fifty-sixth Legislature |
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| 30 | 30 | | Second Regular Session |
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| 32 | 32 | | 2024 |
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| 40 | 40 | | SB 1510 |
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| 44 | 44 | | Introduced by |
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| 46 | 46 | | Senators Shamp: Carroll, Gowan |
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| 64 | 64 | | An Act |
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| 68 | 68 | | amending title 41, chapter 1, article 2, Arizona Revised Statutes, by adding section 41-134; relating to occupational registration. |
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| 74 | 74 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 78 | 78 | | Be it enacted by the Legislature of the State of Arizona: Section. 1. Title 41, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 41-134, to read: START_STATUTE41-134. Private certifying organizations; voluntary registration; secretary of state; violation; definitions A. In addition to any licensing requirements prescribed by law, a private certifying organization may voluntarily register with the secretary of state. A private certifying organization shall provide the secretary of state with the private certifying organization's name, address and officers and the names of individuals who are privately certified by the private certifying organization. The secretary of state may impose a registration fee and may adopt rules and forms to facilitate the registration. B. A participating private certifying organization shall do all of the following: 1. Publish on a publicly accessible website all of the following: (a) The scope of practice for each lawful occupation that the participating private certifying organization certifies. (b) The qualifications that an individual must possess to become certified by the participating private certifying organization. (c) Other factors the participating private certifying organization uses to certify individuals, which may include consumer comments, rankings and other consumer-initiated elements. (d) The names, business addresses and websites of all individuals who are privately certified by the participating private certifying organization. (e) The states where the participating private certifying organization is registered. 2. Require qualifications that are related to the lawful occupation for which an individual is privately certified. 3. Verify an individual's qualifications before private certification and periodically verify that the privately certified individual remains eligible for private certification. 4. Require a privately certified individual to prominently display the private certification and make available materials about the qualifications and other factors required for private certification on request. 5. Have at least fifty privately certified individuals in active practice in the United States after one year of applying for registration with the Secretary of state. C. A participating private certifying organization may require individuals it privately certifies to obtain and maintain a bond for liability that is related to the practice of the individual's privately certified lawful occupation. D. A participating private certifying organization may require a privately certified individual to pay any initial and ongoing fees. E. Notwithstanding any other law, an individual who is certified by a participating private certifying organization may engage in the lawful occupation for which that individual is privately certified. F. This state or a political subdivision of this state may not prohibit or impose a penalty, fine or fee on an individual who is privately certified by a participating private certifying organization for engaging in a lawful occupation in compliance with this section. G. An individual who is privately certified by a participating private certifying organization and who is not licensed, registered or certified by this state or a political subdivision of this state may not use the terms licensed, certified or registered to describe the individual's credential or any words, titles, abbreviations or letters that would induce a reasonably knowledgeable consumer of such services to believe the privately certified individual using them is occupationally regulated by this state or a political subdivision of this state. H. An individual who is privately certified by a participating private certifying organization may use the term privately certified to describe the individual's credentials or as part of a title or designation. I. An individual who knowingly and falsely claims to be privately certified pursuant to this section is guilty of fraud and subject to any penalties under the deceptive trade practices laws of this state. J. The secretary of state shall enforce this section and may terminate this state's registration of the participating private certifying organization for any reason the secretary of state deems necessary. K. The participating private certifying organization that continues to operate ninety days after failing to meet the requirements pursuant to subsection L, paragraph 4 of this section is guilty of fraud and subject to a fine under the deceptive trade practices laws of this state. L. This section does not limit this state's or a political subdivision of this state's authority to enact and enforce laws relating to the following: 1. A business license or permit. 2. A facility license. 3. A building permit or land use regulation. 4. Public health, safety and environmental regulations through the enforcement of regulations other than occupational licenses, including the sale and use of substances that endanger public health and safety if mishandled or improperly dispensed, including chemicals, explosives and pharmaceuticals. M. This chapter does not do any of the following: 1. Change this state's or a political subdivision of this state's sole authority to require an individual to obtain and maintain a government-issued driver license and related insurance for personal or commercial vehicle use. 2. Limit damages in a private civil action against an individual who is privately certified or who knowingly and falsely claims to be privately certified. 3. Require a private party or this state or a political subdivision of this state to do business with an individual who is not licensed, certified or registered with this state or a political subdivision of this state. 4. Create a cause of action against a private party or this state or a political subdivision of this state. 5. Allow for private certification of occupations regulated by the federal government or required by federal law to be occupationally licensed by this state or a political subdivision of this state. 6. Require a private certifying organization to participate and register with this state or a political subdivision of this state pursuant to this section. 7. Increase the authority of this state or a political subdivision of this state to regulate nonparticipating private certifying organizations. 8. Require doctors and other medical professional to obtain operating room privileges or other credentials from this state or require hospitals or clinics to perform surgery or an operation. 9. Reduce the authority of the Arizona supreme court to regulate who may issue subpoenas, serve discovery and litigate cases before judges in this state. N. For the purposes of this section: 1. "Lawful occupation" means a course of conduct, pursuit or profession that includes the sale of goods or services that is not itself illegal irrespective of an occupational regulation. 2. "Occupational regulation" means a statute, ordinance, rule or other requirement in law that requires an individual to possess certain personal qualifications to work in a lawful occupation. 3. "Participating private certifying organization" means a private certifying organization that registers and meets the criteria specified in this section. 4. "Private certification" means a nontransferable recognition by a private certifying organization that an individual meets qualifications determined by the private certifying organization. 5. "Privately certified" means a designated title that an individual may use if the individual is certified by a participating private certifying organization. 6. "Private certifying organization" means a nongovernmental organization that allows any individual to apply for private certification regardless of the individual's race, creed, color, ethnicity, national origin, religion, sex, sexual orientation or marital status. 7. "Qualifications" means criteria related to an individual's personal background that may include completion of an approved educational program, satisfactory performance on an examination, work experience, criminal history, moral standing, completion of continuing education, a standard of ethical behavior or other criteria as determined by a private certifying organization to qualify the individual to perform a service to an acceptable standard as determined by the private certifying organization. END_STATUTE |
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| 80 | 80 | | Be it enacted by the Legislature of the State of Arizona: |
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| 82 | 82 | | Section. 1. Title 41, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 41-134, to read: |
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| 83 | 83 | | |
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| 84 | 84 | | START_STATUTE41-134. Private certifying organizations; voluntary registration; secretary of state; violation; definitions |
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| 86 | 86 | | A. In addition to any licensing requirements prescribed by law, a private certifying organization may voluntarily register with the secretary of state. A private certifying organization shall provide the secretary of state with the private certifying organization's name, address and officers and the names of individuals who are privately certified by the private certifying organization. The secretary of state may impose a registration fee and may adopt rules and forms to facilitate the registration. |
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| 87 | 87 | | |
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| 88 | 88 | | B. A participating private certifying organization shall do all of the following: |
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| 89 | 89 | | |
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| 90 | 90 | | 1. Publish on a publicly accessible website all of the following: |
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| 91 | 91 | | |
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| 92 | 92 | | (a) The scope of practice for each lawful occupation that the participating private certifying organization certifies. |
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| 93 | 93 | | |
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| 94 | 94 | | (b) The qualifications that an individual must possess to become certified by the participating private certifying organization. |
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| 95 | 95 | | |
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| 96 | 96 | | (c) Other factors the participating private certifying organization uses to certify individuals, which may include consumer comments, rankings and other consumer-initiated elements. |
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| 97 | 97 | | |
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| 98 | 98 | | (d) The names, business addresses and websites of all individuals who are privately certified by the participating private certifying organization. |
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| 99 | 99 | | |
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| 100 | 100 | | (e) The states where the participating private certifying organization is registered. |
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| 101 | 101 | | |
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| 102 | 102 | | 2. Require qualifications that are related to the lawful occupation for which an individual is privately certified. |
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| 103 | 103 | | |
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| 104 | 104 | | 3. Verify an individual's qualifications before private certification and periodically verify that the privately certified individual remains eligible for private certification. |
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| 105 | 105 | | |
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| 106 | 106 | | 4. Require a privately certified individual to prominently display the private certification and make available materials about the qualifications and other factors required for private certification on request. |
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| 108 | 108 | | 5. Have at least fifty privately certified individuals in active practice in the United States after one year of applying for registration with the Secretary of state. |
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| 109 | 109 | | |
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| 110 | 110 | | C. A participating private certifying organization may require individuals it privately certifies to obtain and maintain a bond for liability that is related to the practice of the individual's privately certified lawful occupation. |
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| 111 | 111 | | |
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| 112 | 112 | | D. A participating private certifying organization may require a privately certified individual to pay any initial and ongoing fees. |
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| 113 | 113 | | |
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| 114 | 114 | | E. Notwithstanding any other law, an individual who is certified by a participating private certifying organization may engage in the lawful occupation for which that individual is privately certified. |
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| 115 | 115 | | |
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| 116 | 116 | | F. This state or a political subdivision of this state may not prohibit or impose a penalty, fine or fee on an individual who is privately certified by a participating private certifying organization for engaging in a lawful occupation in compliance with this section. |
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| 118 | 118 | | G. An individual who is privately certified by a participating private certifying organization and who is not licensed, registered or certified by this state or a political subdivision of this state may not use the terms licensed, certified or registered to describe the individual's credential or any words, titles, abbreviations or letters that would induce a reasonably knowledgeable consumer of such services to believe the privately certified individual using them is occupationally regulated by this state or a political subdivision of this state. |
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| 119 | 119 | | |
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| 120 | 120 | | H. An individual who is privately certified by a participating private certifying organization may use the term privately certified to describe the individual's credentials or as part of a title or designation. |
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| 121 | 121 | | |
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| 122 | 122 | | I. An individual who knowingly and falsely claims to be privately certified pursuant to this section is guilty of fraud and subject to any penalties under the deceptive trade practices laws of this state. |
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| 123 | 123 | | |
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| 124 | 124 | | J. The secretary of state shall enforce this section and may terminate this state's registration of the participating private certifying organization for any reason the secretary of state deems necessary. |
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| 125 | 125 | | |
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| 126 | 126 | | K. The participating private certifying organization that continues to operate ninety days after failing to meet the requirements pursuant to subsection L, paragraph 4 of this section is guilty of fraud and subject to a fine under the deceptive trade practices laws of this state. |
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| 127 | 127 | | |
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| 128 | 128 | | L. This section does not limit this state's or a political subdivision of this state's authority to enact and enforce laws relating to the following: |
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| 130 | 130 | | 1. A business license or permit. |
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| 131 | 131 | | |
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| 132 | 132 | | 2. A facility license. |
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| 133 | 133 | | |
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| 134 | 134 | | 3. A building permit or land use regulation. |
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| 135 | 135 | | |
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| 136 | 136 | | 4. Public health, safety and environmental regulations through the enforcement of regulations other than occupational licenses, including the sale and use of substances that endanger public health and safety if mishandled or improperly dispensed, including chemicals, explosives and pharmaceuticals. |
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| 137 | 137 | | |
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| 138 | 138 | | M. This chapter does not do any of the following: |
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| 139 | 139 | | |
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| 140 | 140 | | 1. Change this state's or a political subdivision of this state's sole authority to require an individual to obtain and maintain a government-issued driver license and related insurance for personal or commercial vehicle use. |
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| 142 | 142 | | 2. Limit damages in a private civil action against an individual who is privately certified or who knowingly and falsely claims to be privately certified. |
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| 144 | 144 | | 3. Require a private party or this state or a political subdivision of this state to do business with an individual who is not licensed, certified or registered with this state or a political subdivision of this state. |
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| 145 | 145 | | |
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| 146 | 146 | | 4. Create a cause of action against a private party or this state or a political subdivision of this state. |
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| 147 | 147 | | |
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| 148 | 148 | | 5. Allow for private certification of occupations regulated by the federal government or required by federal law to be occupationally licensed by this state or a political subdivision of this state. |
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| 149 | 149 | | |
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| 150 | 150 | | 6. Require a private certifying organization to participate and register with this state or a political subdivision of this state pursuant to this section. |
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| 151 | 151 | | |
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| 152 | 152 | | 7. Increase the authority of this state or a political subdivision of this state to regulate nonparticipating private certifying organizations. |
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| 153 | 153 | | |
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| 154 | 154 | | 8. Require doctors and other medical professional to obtain operating room privileges or other credentials from this state or require hospitals or clinics to perform surgery or an operation. |
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| 155 | 155 | | |
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| 156 | 156 | | 9. Reduce the authority of the Arizona supreme court to regulate who may issue subpoenas, serve discovery and litigate cases before judges in this state. |
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| 157 | 157 | | |
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| 158 | 158 | | N. For the purposes of this section: |
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| 159 | 159 | | |
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| 160 | 160 | | 1. "Lawful occupation" means a course of conduct, pursuit or profession that includes the sale of goods or services that is not itself illegal irrespective of an occupational regulation. |
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| 161 | 161 | | |
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| 162 | 162 | | 2. "Occupational regulation" means a statute, ordinance, rule or other requirement in law that requires an individual to possess certain personal qualifications to work in a lawful occupation. |
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| 163 | 163 | | |
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| 164 | 164 | | 3. "Participating private certifying organization" means a private certifying organization that registers and meets the criteria specified in this section. |
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| 165 | 165 | | |
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| 166 | 166 | | 4. "Private certification" means a nontransferable recognition by a private certifying organization that an individual meets qualifications determined by the private certifying organization. |
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| 167 | 167 | | |
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| 168 | 168 | | 5. "Privately certified" means a designated title that an individual may use if the individual is certified by a participating private certifying organization. |
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| 169 | 169 | | |
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| 170 | 170 | | 6. "Private certifying organization" means a nongovernmental organization that allows any individual to apply for private certification regardless of the individual's race, creed, color, ethnicity, national origin, religion, sex, sexual orientation or marital status. |
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| 171 | 171 | | |
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| 172 | 172 | | 7. "Qualifications" means criteria related to an individual's personal background that may include completion of an approved educational program, satisfactory performance on an examination, work experience, criminal history, moral standing, completion of continuing education, a standard of ethical behavior or other criteria as determined by a private certifying organization to qualify the individual to perform a service to an acceptable standard as determined by the private certifying organization. END_STATUTE |
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