House Engrossed boards and commissions; repeal (now: boards and commissions; state departments) State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HOUSE BILL 2031 AN ACT amending sections 3-108 and 3-403, Arizona Revised Statutes; repealing title 3, chapter 3, article 4.2, Arizona Revised Statutes; amending sections 10-122, 11-811, 15-923, 20-3151 and 28-900, Arizona Revised Statutes; repealing sections 28-2422, 28-2422.01 and 28-2422.02, Arizona Revised Statutes; repealing title 28, chapter 8, article 2, Arizona Revised Statutes; amending section 28-3228, Arizona Revised Statutes; repealing title 32, chapter 5, Arizona Revised Statutes; amending sections 32-2231, 32-2901, 32-2904, 32-2905, 32-2932, 32-3021, 32-3101, 32-3201, 32-3218 and 32-3231, Arizona Revised Statutes; repealing title 32, chapter 39, Arizona Revised Statutes; amending sections 36-3601 and 41-619.51, Arizona Revised Statutes; repealing title 41, chapter 5, article 6, Arizona Revised Statutes; amending sections 41-1092, 41-1234, 41-1758 and 41-1758.01, Arizona Revised Statutes; repealing section 41-2304, Arizona Revised Statutes; amending section 41-2706, Arizona Revised Statutes; repealing sections 41-3026.06, 41-3030.10, 41-3030.25 and 43-619, Arizona Revised Statutes; amending section 44-6852, Arizona Revised Statutes; relating to agencies of state departments. (TEXT OF BILL BEGINS ON NEXT PAGE)
House Engrossed boards and commissions; repeal
(now: boards and commissions; state departments) State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HOUSE BILL 2031
House Engrossed
boards and commissions; repeal
(now: boards and commissions; state departments)
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HOUSE BILL 2031
AN ACT
amending sections 3-108 and 3-403, Arizona Revised Statutes; repealing title 3, chapter 3, article 4.2, Arizona Revised Statutes; amending sections 10-122, 11-811, 15-923, 20-3151 and 28-900, Arizona Revised Statutes; repealing sections 28-2422, 28-2422.01 and 28-2422.02, Arizona Revised Statutes; repealing title 28, chapter 8, article 2, Arizona Revised Statutes; amending section 28-3228, Arizona Revised Statutes; repealing title 32, chapter 5, Arizona Revised Statutes; amending sections 32-2231, 32-2901, 32-2904, 32-2905, 32-2932, 32-3021, 32-3101, 32-3201, 32-3218 and 32-3231, Arizona Revised Statutes; repealing title 32, chapter 39, Arizona Revised Statutes; amending sections 36-3601 and 41-619.51, Arizona Revised Statutes; repealing title 41, chapter 5, article 6, Arizona Revised Statutes; amending sections 41-1092, 41-1234, 41-1758 and 41-1758.01, Arizona Revised Statutes; repealing section 41-2304, Arizona Revised Statutes; amending section 41-2706, Arizona Revised Statutes; repealing sections 41-3026.06, 41-3030.10, 41-3030.25 and 43-619, Arizona Revised Statutes; amending section 44-6852, Arizona Revised Statutes; relating to agencies of state departments.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 3-108, Arizona Revised Statutes, is amended to read: START_STATUTE3-108. Administrative support fund; use; exemption A. A department of agriculture administrative support fund is established. All monies collected pursuant to any interagency agreement with the department pursuant to section 3-588, subsection A shall be deposited, pursuant to sections 35-146 and 35-147, in the fund. B. All monies collected pursuant to any interagency agreement with the department in accordance with section 3-468.03, subsection A and section 3-526.03, subsection A shall be deposited in the administrative support fund or deposited in the citrus, fruit and vegetable trust fund established by section 3-447 pursuant to the terms of the interagency agreement. Deposits in the administrative support fund shall be made pursuant to sections 35-146 and 35-147. C. Monies in the fund are continuously appropriated and exempt from the provisions of section 35-190 relating to lapsing of appropriations. END_STATUTE Sec. 2. Section 3-403, Arizona Revised Statutes, is amended to read: 3-403. Exemptions This article shall does not apply to article 2.1, 4.2 or 4.3 of this chapter. Sec. 3. Repeal Title 3, chapter 3, article 4.2, Arizona Revised Statutes, is repealed. 2.Title 3, chapter3, article 4.2, Arizona Revised Statutes, is repealed. Sec. 4. Section 10-122, Arizona Revised Statutes, is amended to read: 10-122. Filing, service and copying fees; expedited report filing and access; same day and next day services; posted wait times; advance monies; definition A. The commission shall collect and deposit, pursuant to sections 35-146 and 35-147, the following nonrefundable fees when the documents described in this subsection are delivered to the commission: Document Fee 1. Articles of incorporation $50 2. Application for use of indistinguishable name 10 3. Application for reserved name 10 4. Notice of transfer of reserved name 10 5. Application for registered name 10 6. Application for renewal of registered name 10 7. Agent's statement of resignation 10 8. Amendment of articles of incorporation 25 9. Restatement of articles of incorporation with amendment of articles 25 10. Statement of merger, interest exchange, conversion, domestication or division if the entity responsible for filing the statement is a corporation 100 11. Articles of dissolution 25 12. Articles of revocation of dissolution 25 13. Application for reinstatement following administrative dissolution, in addition to other fees and penalties due 100 14. Application for authority 150 15. Application for withdrawal 25 16. Annual report 45 17. Articles of correction 25 18. Application for certificate of good standing 10 19. Any other document required or permitted to be filed by chapters 1 through 17 of this title 25 B. The commission shall collect a nonrefundable fee of twenty-five dollars $25 each time process is served on it under chapters 1 through 17 of this title. The party to a proceeding causing service of process is entitled to recover this fee as costs if the party prevails in the proceeding. C. The commission shall charge and collect a reasonable fee for copying documents on request, provided the fee does not exceed the cost of providing the service as determined by the commission. The commission shall also charge a reasonable fee for certifying the copy of a filed document, provided if the fee does not exceed the cost of providing the service as determined by the commission. D. A penalty of one hundred dollars $100 that is payable in addition to other fees accrues and is payable if a foreign corporation fails to file an amendment, restated articles that include an amendment, or articles of merger within sixty days after the time of filing in the jurisdiction in which the corporation is domiciled. The penalty collected pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. E. One-third of The fees for the annual report of domestic and foreign corporations paid pursuant to subsection A, paragraph 16 of this section shall be deposited in the Arizona arts trust fund established by section 41-983.01 and two-thirds of these fees shall be deposited, pursuant to sections 35-146 and 35-147, in the public access fund established by section 10-122.01. F. The commission shall provide for and establish an expedited service for the filing of all documents and services provided pursuant to this title as follows: 1. The expedited filing shall be a priority service to be completed as soon as possible after the documents are delivered to the commission. 2. In addition to any other fees required by this section or any other law, the commission shall charge a nonrefundable fee for expedited services, including those requested by fax. The fee shall be determined by a supermajority vote of the commissioners. 3. The commission may provide for and establish same day and next day services for the filing of any documents and services provided pursuant to this title as follows: (a) The commission shall suspend same day or next day service if the commission determines that it does not have the necessary resources to perform the service within the established time period. (b) In addition to any other fees required by this section or any other law, the commissioners may charge a nonrefundable fee for the same day or next day service or both. The fee shall be determined by a supermajority vote of the commissioners. 4. The commission shall publicly post the current wait times for processing regular, expedited and same day and next day services. G. The commission may charge persons who access the commission's data processing system that is maintained pursuant to section 10-122.01 from remote locations and persons requesting special computer generated printouts, reports and tapes a reasonable fee that does not exceed the cost of the time, equipment and personnel necessary to provide this service or product as determined by the commission. H. Except as provided in section 10-122.01, subsection B, paragraph 3, in addition to any fee charged pursuant to this section, the commission may charge and collect the following nonrefundable fees to help defray the cost of the improved data processing system that is maintained pursuant to section 10-122.01: 1. Filing articles of incorporation of a domestic corporation, ten dollars $10. 2. Filing an application of a foreign corporation for authority to transact business in this state, twenty-five dollars $25. I. All monies received pursuant to subsections F, G and H of this section shall be deposited, pursuant to sections 35-146 and 35-147, in the public access fund established by section 10-122.01. J. Fees charged pursuant to this section are exempt from section 39-121.03, subsection A, paragraph 3. K. The commission may allow any person to advance monies to the commission to pay fees required pursuant to this section for future filings and services. All monies received pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the money on deposit account in the public access fund established by section 10-122.01. L. In addition to any other fees prescribed by law, the commission may establish a fee for the filing of an annual benefit report delivered to the commission pursuant to section 10-2442. The fee shall be determined by a majority vote of the commissioners. M. For the purposes of this section, "supermajority" means an affirmative vote of at least four commissioners. Sec. 5. Section 11-811, Arizona Revised Statutes, is amended to read: 11-811. Zoning ordinance; zoning districts; definitions A. Pursuant to this article, the board of supervisors may adopt a zoning ordinance in order to conserve and promote the public health, safety, convenience and general welfare. The zoning ordinance and all rezonings and zoning regulations amendments adopted under this article shall be consistent with and conform to the adopted comprehensive plan. In addition to the other matters that are required or authorized under this section and article 1 of this chapter, the zoning ordinance: 1. Shall show the zoning districts designated as appropriate for various classes of residential, business and industrial uses and shall provide for the establishment of setback lines and other plans providing for adequate light, air and parking facilities and for expediting traffic within the districts. 2. May establish the percentage of a lot or parcel that may be covered by buildings and the size of yards, courts and other open spaces. 3. Shall consider access to incident solar energy. 4. May provide for retirement community zoning districts. 5. May provide for the regulation and use of business licenses, adult oriented business manager permits and adult service provider permits in conjunction with the establishment or operation of adult oriented businesses and facilities, including adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments and nude model studios. With respect to cabarets, the ordinance shall not conflict with specific statutory or valid regulatory requirements applicable to persons licensed to dispense alcoholic beverages, but the ordinance may include regulation of the age and conduct of erotic entertainers in a manner at least as restrictive as rules adopted under title 4. Notwithstanding section 11-812, a county in regulating or licensing businesses and facilities pursuant to this paragraph may impose reasonable operating requirements that affect the existing uses of businesses and facilities. 6. Shall designate and zone appropriate areas of reasonable size in which there may be established with reasonable permanency canneries, fertilizer plants, refineries, commercial feedlots, meat packing plants, tallow works and other like businesses. A dairy operation, including areas designated for the raising of replacement heifers or bulls owned by the same dairy operation, is not subject to this paragraph, and is a general agricultural purpose under subsection D, paragraph 2 of this section and section 11-812, subsection A, paragraph 2. A replacement heifer or bull raising operation of a dairy that is not on contiguous property of the dairy is subject to this paragraph unless the operation begins within one-quarter mile of the dairy. B. To carry out the purposes of this article, the board may adopt overlay zoning districts and regulations applicable to particular buildings, structures and land within individual zones. For the purposes of this subsection, "overlay zoning district" means a special zoning district that includes regulations that modify regulations in another zoning district with which the overlay zoning district is combined. Overlay zoning districts and regulations shall be adopted pursuant to section 11-813. The provisions of overlay zoning shall apply retroactively to authorize overlay zoning districts and regulations adopted before April 20, 1993. C. In accordance with article II, sections 1 and 2, Constitution of Arizona, the board shall consider the individual property rights and personal liberties of the residents of the county before adopting any zoning ordinance. D. This section does not authorize: 1. The imposition of dedications, exactions, fees or other requirements that are not otherwise authorized by law. 2. The regulation or restriction of the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five or more contiguous commercial acres. For the purposes of this paragraph, general agricultural purposes do not include the cultivation of cannabis as defined in section 13-3401 or marijuana as defined in section 13-3401 or 36-2801. E. For the purposes of this section: 1. "Adult arcade" means any place to which the public is allowed or invited and in which coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images involving specific sexual activities or specific anatomical areas to persons in booths or viewing rooms. 2. "Adult bookstore or video store" means a commercial establishment that offers for sale or rent any of the following as one of its principal business purposes: (a) Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes or reproductions or slides or other visual representations that depict or describe specific sexual activities or specific anatomical areas. (b) Instruments, devices or paraphernalia that are designed for use in connection with specific sexual activities. 3. "Adult live entertainment establishment" means an establishment that features either: (a) Persons who appear in a state of nudity. (b) Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities. 4. "Adult motion picture theater" means a commercial establishment in which for any form of consideration films, motion pictures, videocassettes, slides or other similar photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas are predominantly shown. 5. "Adult oriented business" means adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments that offer adult service or nude model studios. 6. "Adult oriented business manager" means a person on the premises of an adult oriented business who is authorized to exercise overall operational control of the business. 7. "Adult service" means dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening or other performances or activities conducted for any consideration in an adult oriented business by a person who is nude or seminude during all or part of the time that the person is providing the service. 8. "Adult service provider" or "erotic entertainer" means any natural person who provides an adult service. 9. "Adult theater" means a theater, concert hall, auditorium or similar commercial establishment that predominantly features persons who appear in a state of nudity or who engage in live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities. 10. "Cabaret" means an adult oriented business licensed to provide alcoholic beverages pursuant to title 4, chapter 2, article 1. 11. "Discernibly turgid state" means the state of being visibly swollen, bloated, inflated or distended. 12. "Massage establishment" means an establishment in which a person, firm, association or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. This paragraph does not apply to: (a) Persons who are licensed pursuant to title 32, chapter 7, 8, 13, 14 or 17. (b) Registered nurses, licensed practical nurses or technicians who are acting under the supervision of a physician who is licensed pursuant to title 32, chapter 13 or 17. (c) Registered nurse practitioners who are licensed pursuant to title 32, chapter 15. (d) Persons who are employed or acting as trainers for a bona fide amateur, semiprofessional or professional athlete or athletic team. (e) Persons who are licensed pursuant to title 32, chapter 5 if the activity is limited to the head, face or neck. 13. "Nude model studio" means a place in which a person who appears in a state of nudity or who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by other persons who pay money or other consideration. Nude model studio does not include a proprietary school that is licensed by this state, a college, community college or university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college or university that is supported entirely or in part by taxation or a structure to which the following apply: (a) A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing. (b) A student must enroll at least three days in advance of a class in order to participate. (c) No more than one nude or seminude model is on the premises at any time. 14. "Nude", "nudity" or "state of nudity" means any of the following: (a) The appearance of a human anus, genitals or a female breast below a point immediately above the top of the areola. (b) A state of dress that fails to opaquely cover a human anus, genitals or a female breast below a point immediately above the top of the areola. 15. "Principal business purposes" means that a commercial establishment derives fifty percent or more of its gross income from the sale or rental of items listed in paragraph 2 of this subsection. 16. "Seminude" means a state of dress in which clothing covers no more than the genitals, pubic region and female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices. 17. "Specific anatomical areas" means any of the following: (a) A human anus, genitals, the pubic region or a female breast below a point immediately above the top of the areola that is less than completely and opaquely covered. (b) Male genitals in a discernibly turgid state even if completely and opaquely covered. 18. "Specific sexual activities" means any of the following: (a) Human genitals in a state of sexual stimulation or arousal. (b) Sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation or sodomy. (c) Fondling or other erotic touching of the human genitals, pubic region, buttocks, anus or female breast. (d) Excretory functions as part of or in connection with any of the activities under subdivision (a), (b) or (c) of this paragraph. Sec. 6. Section 15-923, Arizona Revised Statutes, is amended to read: 15-923. Contracts for transportation; requirement; report A. As an alternative to maintaining and operating a transportation program or in conjunction with a transportation program, a school district, if it is found to be economically advantageous, may contract for vehicles and other transportation services. Contracts may be with another political subdivision, a common or contract carrier or a private party. B. In order to expediently process contracts for the provision of transportation, a school district may select a preapproved contract carrier or private party that meets both of the following criteria: 1. provides one or more of the following: (a) 1. Electric school buses. (b) 2. Electric school bus charging infrastructure. (c) 3. Charging and charging management services. (d) 4. Electric school bus services. 2. Has filed with and received approval from the school bus advisory council established by section 28-3053. C. In addition to other powers and duties prescribed by title 11, chapter 2, article 4, any board of supervisors, at the request of any or all of the governing boards of the school districts within the county, may provide necessary student transportation. If the board of supervisors and the governing board or boards of such school districts mutually agree that such an arrangement is economically advantageous, the governing board of the school district is authorized to sell or lease its bus or buses to the board of supervisors for such purposes. Agreement between the parties shall be by written contract. D. An eligible student who is transported part by contract and part by school district transportation facilities may not be counted as more than one eligible student. E. Miles driven to transport eligible students may not be reported as daily route miles by more than one school district. F. Each school district shall submit electronically to the department of education a report regarding the routes contracted, the contractor contract information, the number of eligible students transported by each contractor and any additional information requested by the department of education. Sec. 7. Section 20-3151, Arizona Revised Statutes, is amended to read: 20-3151. Definitions For the purposes of In this section chapter, unless the context otherwise requires: 1. "Enrollee" means an individual who is enrolled in a health care plan provided by a health care insurer. 2. "Health care insurer" means a disability insurer, group disability insurer, blanket disability insurer, health care services organization, hospital service corporation, medical service corporation or hospital and medical service corporation. 3. "Health care plan": (a) Means a policy, contract or evidence of coverage issued to an enrollee. Health care plan (b) Does not include limited benefit coverage as defined in section 20-1137. 4. "Health care professional" means a professional who is regulated pursuant to title 32, chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 25, 28, 29, 33, 34, 35, 39 or 41, title 36, chapter 6, article 7 or title 36, chapter 17. Sec. 8. Section 28-900, Arizona Revised Statutes, is amended to read: 28-900. School transportation rules A. The department of public safety in consultation with the student transportation advisory council established by section 28-3053 shall adopt rules as necessary to improve the safety and welfare of student passengers by minimizing the probability of accidents involving school buses and student passengers and by minimizing the risk of serious bodily injury to student passengers in the event of an accident. B. The rules may include: 1. Minimum standards for the design and equipment of school buses that are designed for sixteen or more passengers. 2. Minimum standards for the periodic inspection and maintenance of school buses that are designed for sixteen or more passengers. 3. Procedures for the operation of school buses that are designed for sixteen or more passengers. 4. Minimum standards for the design and equipment of motor vehicles described in section 15-925 that are substantially different than the minimum standards prescribed in paragraph 1 of this subsection. 5. Minimum standards for the periodic inspection and maintenance of motor vehicles described in section 15-925. 6. Procedures for the operation of motor vehicles described in section 15-925. 7. Other criteria as deemed by the department of public safety and the student transportation advisory council to be necessary and appropriate to ensure the safe operation of school buses and motor vehicles that are described in section 15-925. Any rules adopted pursuant to this section shall allow for a variety of vehicles to be used to meet the needs of students and systems of varying sizes and locations. C. The rules shall provide, if applicable, minimum standards equal to or more restrictive than those adopted by the United States department of transportation in accordance with 23 United States Code and rules adopted pursuant to 23 United States Code. D. Notwithstanding a rule adopted by the department of public safety with respect to exterior color of a school bus that is designed for sixteen or more passengers, in order to reduce the interior temperature of a school bus, the exterior top of a school bus may be painted white, but the white area shall not extend beyond the center clearance lights, front and rear, and shall not extend below a line five inches above the top of the side windows. E. An officer or employee of any school district or charter school who violates any of the rules or who fails to include the obligation to comply with the rules in any contract executed by the officer or employee on behalf of the school district or charter school is guilty of misconduct and is subject to removal from office or employment. Any person who operates a school bus or motor vehicle under contract with a school district or charter school and who fails to comply with any of the rules is in breach of contract, and the school district or charter school shall cancel the contract after notice and a hearing by the responsible officers of the school district or charter school. F. The department of public safety shall enforce the rules adopted pursuant to this section. Sec. 9. Repeal A. Sections 28-2422, 28-2422.01 and 28-2422.02, Arizona Revised Statutes, are repealed. B. Title 28, chapter 8, article 2, Arizona Revised Statutes, is repealed. Sec. 10. Section 28-3228, Arizona Revised Statutes, is amended to read: 28-3228. School bus drivers; student transportation requirements; rules; cancellation of certificate A. A person shall not operate a school bus that is designed for sixteen or more passengers and that transports school children schoolchildren unless the person possesses the appropriate license class for the size of school bus being operated that is issued by the department of transportation, a bus endorsement that is issued by the department of transportation and a school bus certificate that is issued by the department of public safety. A person shall not operate a motor vehicle described in section 15-925 to transport schoolchildren unless the person possesses the appropriate license class for the size of the motor vehicle being operated, a school bus driver certificate that is issued by the department of public safety and a valid fingerprint clearance card as required by subsection D of this section. B. To be certified as a school bus driver for a vehicle that is designed for sixteen or more passengers, a person shall do both of the following: 1. Meet and maintain the minimum standards prescribed by this section and rules adopted by the department of public safety in consultation with the student transportation advisory council established by section 28-3053. 2. Complete an initial instructional course on school bus driver safety and training, including behind the wheel training. C. The department of public safety in consultation with the student transportation advisory council established by section 28-3053 shall adopt rules that establish minimum standards for the certification of school bus drivers and drivers of other motor vehicles described in section 15-925. In cooperation with local school districts and charter schools, the department of public safety shall provide for school transportation safety and training courses. The standards established shall: 1. Include requirements concerning knowledge of operating a school bus or a motor vehicle described in section 15-925, pupil and motor vehicle safety, physical impairments that might affect the applicant's ability to safely operate a school bus or motor vehicle described in section 15-925 or that might endanger the health or safety of passengers, knowledge of first aid, establishment of school bus and other vehicle safety and training courses, a refresher course to be completed on at least a biennial basis and other matters as the department of public safety and the student transportation advisory council established by section 28-3053 prescribe prescribes for the protection of the public. 2. Require tests to detect the presence of alcohol or the use of a drug in violation of title 13, chapter 34 that may adversely affect the ability of the applicant to safely operate a school bus or motor vehicle described in section 15-925. 3. Authorize the performance of hearing tests with or without the use of a hearing aid as provided in 49 Code of Federal Regulations section 391.41. 4. Require the applicant to possess a commercial driver license issued by the department, except that: (a) Notwithstanding subsection A of this section the applicant may possess a commercial driver license issued by another state if the applicant will be driving a school bus for a school district that is adjacent to that state. (b) An applicant to drive a motor vehicle described in section 15-925 does not need to possess or obtain a commercial driver license. This subdivision applies only if a commercial driver license is not required by state or federal law to operate the vehicle based on the vehicle's gross vehicle weight rating or occupancy. D. Each person who applies for a school bus driver certificate shall have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1 and shall submit an identity verified fingerprint card as described in section 15-106 that the department of public safety shall use to process the fingerprint clearance card as outlined in section 15-106. E. A person who is issued a school bus driver certificate shall maintain a valid identity verified fingerprint clearance card for the duration of any school bus driver certification period. F. The department of public safety shall suspend a school bus driver certificate if the fingerprint clearance card is invalid, suspended, canceled or revoked. G. The department of public safety shall issue a school bus driver certificate to an applicant who meets the requirements of this section. The certificate is valid if the applicant maintains the minimum standards established by this section. H. The department of public safety may cancel the certificate if the person's license to drive is suspended, canceled, revoked or disqualified. The department of public safety shall cancel the certificate if the person fails to maintain the minimum standards established pursuant to this section. A person whose application for a certificate is refused or whose certificate is canceled for failure to meet or maintain the minimum standards may request and receive a hearing from the department of public safety. I. The department of public safety shall enforce the rules adopted pursuant to this section. Sec. 11. Repeal Title 32, chapter 5, Arizona Revised Statutes, is repealed. Sec. 12. Section 32-2231, Arizona Revised Statutes, is amended to read: 32-2231. Acts constituting the practice of veterinary medicine; exceptions; definitions A. A person shall be regarded as practicing veterinary medicine, surgery and dentistry within the meaning of this chapter who, within this state: 1. By advertisement, or by any notice, sign or other indication, or by a statement written, printed or oral, in public or in private, made, done or procured by the person or any other at the person's request claims, announces, makes known or pretends ability or willingness to diagnose any animal condition, disease, deformity, defect, wound or injury or to perform any type of surgical procedure on animals. 2. Advertises or makes known or claims ability and willingness to perform the following for hire, fee, compensation or reward that is directly or indirectly promised, offered, expected, received or accepted: (a) Prescribe or administer any drug, medicine, treatment, method or practice for any animal. (b) Perform any operation or manipulation on or apply any apparatus or appliance to any animal. (c) Give any instruction or demonstration for the cure, amelioration, correction or reduction or modification of any animal condition, disease, deformity, defect, wound or injury. 3. Diagnoses or prognosticates any animal condition, disease, deformity, defect, wound or injury for hire, fee, reward or compensation that is directly or indirectly promised, offered, expected, received or accepted. 4. Prescribes or administers any drug, medicine, treatment, method or practice, performs any operation or manipulation, or applies any apparatus or appliance for the cure, amelioration, correction or modification of any animal condition, disease, deformity, defect, wound or injury for hire, fee, compensation or reward that is directly or indirectly promised, offered, expected, received or accepted. B. This section does not apply to: 1. Duly authorized representatives of the United States department of agriculture in the discharge of any duty authorized by the director in charge of the animal disease eradication division. 2. A certified veterinary technician performing a task or function authorized by the rules of the board in the employ of and under the direction, supervision and control of a licensed veterinarian or a licensed veterinary faculty member. 3. An equine dental practitioner if all of the following apply: (a) The equine dental practitioner is certified by the international association of equine dentistry or the academy of equine dentistry. (b) The equine dental practitioner performs any of the following procedures under the general supervision of a licensed veterinarian: (i) The application of any apparatus used to work on the oral cavity. (ii) The examination of dental conditions. (iii) The removal of overgrowth from the teeth of horses and the removal of sharp enamel points from the teeth of horses, excluding any extractions unless the certified equine dental practitioner is under the direct supervision of a licensed veterinarian. (iv) Any treatment of the oral cavity as authorized by the animal's owner, excluding any extractions unless the certified equine dental practitioner is under the direct supervision of a licensed veterinarian. (c) The equine dental practitioner provides both of the following to the board: (i) Proof of current certification from the international association of equine dentistry or the academy of equine dentistry. (ii) A written statement signed by the supervising veterinarian that the certified equine dental practitioner will be under the general or direct supervision of the licensed veterinarian when performing the procedures prescribed by this paragraph. (d) Both the supervising veterinarian and the certified equine dental practitioner maintain dental charts for procedures done pursuant to this paragraph. 4. A veterinary student who performs acts of health care or prescribed veterinary procedures as a part of the student's educational experience if both of the following apply: (a) The acts are assigned by a licensed veterinarian or a licensed veterinary faculty member who is responsible for the animal's care. (b) The student works under the direct supervision of a licensed veterinarian or a licensed veterinary faculty member. 5. An acupuncturist who is treating an animal pursuant to section 32-3928 and who is in compliance with all of the following: (a) Is nationally certified by the American board of animal acupuncture or the national certification commission for acupuncture and oriental medicine to treat animals. (b) Provides proof of current certification in animal acupuncture to the acupuncture board of examiners. (c) (b) Has received a referral for acupuncture treatment from a licensed veterinarian who has diagnosed the animal. (d) (c) Maintains records on every animal and provides the records to the treating veterinarian on request. (e) (d) Maintains adequate insurance to specifically cover any injuries to the animal, the animal's owner or staff members working on the animal. (f) (e) If the acupuncturist is not providing the treatment in a licensed veterinary premises that is operated by a licensed veterinarian, complies with all of the following: (i) The animal is not treated in the same area as human patients. (ii) The premises has secured areas to contain animals safely during any treatment. (iii) The staff is trained to properly hold any animal being treated. (iv) Protocols are in place to handle emergency situations that may arise with the animal that is being treated. (v) Sanitation protocols are in place to ensure human and animal safety. (vi) Any rules adopted by the acupuncture board of examiners. (g) (f) Assesses and treats the animal consistent with the licensed acupuncturist's training and, on request, communicates the findings, treatment and results to the treating licensed veterinarian in a timely manner. On request, the treating licensed veterinarian shall provide the treating acupuncturist with all medical information that may assist in the treatment of the animal. (h) (g) Is solely liable for the acupuncture treatment provided to the animal that is also under the care of a licensed veterinarian. 6. A rabies vaccinator who is certified pursuant to section 32-2240.02. C. Notwithstanding subsection B, paragraph 3 of this section, only a licensed veterinarian and not an equine dental practitioner may prescribe or administer, or both prescribe and administer, any drug or medicine. D. For the purposes of this section: 1. "Direct supervision" means a licensed veterinarian must authorize and be physically present for the procedure. 2. "General supervision" means a licensed veterinarian must be available for consultation by telephone or other form of immediate communication. Sec. 13. Section 32-2901, Arizona Revised Statutes, is amended to read: 32-2901. Definitions In this chapter, unless the context otherwise requires: 1. "Acupuncture" means a medical therapy in which ailments are diagnosed and treated by the specific application of needles, heat or physical and electromagnetic impulses or currents to specific anatomic points on the body through any of the following: (a) Diagnosing and treating ailments according to the systematic principles of traditional Asian medicine. (b) Diagnosing and treating pain, neuromuscular disorders and other ailments based on the body's biophysics and neuroanatomic structure. (c) Using devices to determine the biologic electrical response pattern of acupuncture points as a guide to diagnose bodily ailments and to guide the prescription of homeopathic substances, orthomolecular therapy or pharmaceutical medicine. 2. "Adequate records" means legible medical records that contain at a minimum sufficient information to identify the patient, support the diagnosis, document the treatment, accurately describe the results, indicate advice, cautionary warnings and informed consent discussions with the patient and provide sufficient information for another licensed health care practitioner to assume continuity of the patient's care and to continue or modify the treatment plan. 3. "Approved internship" means that the applicant has completed training in a hospital that was approved for internship, fellowship or residency training by the council on medical education in hospitals of the American medical association, the association of American medical colleges, the royal college of physicians and surgeons of Canada, the American osteopathic association or any board-approved similar body in the United States or Canada that approves hospitals for internship, fellowship or residency training. 4. "Approved school of medicine": (a) As it relates to a person who is seeking licensure pursuant to section 32-2912, subsection A, means a school or college that offers a course of study that on successful conclusion results in a degree of doctor of medicine or doctor of osteopathic medicine and that offers a course of study that is approved or accredited by the association of American medical colleges, the association of Canadian medical colleges, the American medical association, the American osteopathic association or any board-approved similar body in the United States or Canada that accredits this course of study. (b) As it relates to a person who is seeking licensure pursuant to section 32-2912, subsection B, means a school or college that on successful completion results in a degree of doctor of homeopathy and that is approved or accredited by the accreditation commission for homeopathic education in North America or any board-approved similar body that accredits this course of study. 5. "Approved training program", for a person who is seeking licensure pursuant to section 32-2912, subsection B, means a program that requires the person to both: (a) Successfully complete one of the following: (i) A program that would qualify an applicant to become certified or licensed to practice pursuant to chapter 8, 14, or 19 or 39 of this title. (ii) Training and testing by the United States armed forces at a level comparable to the national standards for emergency medical care technicians. (iii) A program that is approved or accredited by the accreditation commission for homeopathic education in North America, or its successor organization, or any similar board-approved body that accredits this course of study. (b) Meet one of the following: (i) Hold, or pass the examination to hold, a certification from the council for homeopathic certification or its successor as designated by the board. (ii) Complete a program that is approved by the board and that is designed to prepare the person for the practice of homeopathic medicine. 6. "Board" means the board of homeopathic and integrated medicine examiners. 7. "Chelation therapy" means an experimental medical therapy to restore cellular homeostasis through the use of intravenous, metal-binding and bioinorganic agents such as ethylene diamine tetraacetic acid. Chelation therapy is not an experimental therapy if it is used to treat heavy metal poisoning. 8. "Controlled substance" means a drug or substance or a drug's or substance's immediate precursor that is defined or listed in title 36, chapter 27, article 2 or the rules adopted pursuant to title 36, chapter 27, article 2. 9. "Drug" means a medication or substance that is any of the following: (a) Recognized in the official compendia or for which standards or specifications are prescribed in the official compendia. (b) Intended for use in diagnosing, curing, mitigating, treating or preventing human diseases. (c) Articles other than food that are intended to affect the structure or function of the human body. 10. "Homeopathic medication" means a substance of animal, vegetable or mineral origin that is prepared according to homeopathic pharmacology and that is given usually in a homeopathic microdosage. 11. "Homeopathic microdosage" means a substance prepared so that it is diluted from ten to the minus one to ten to the minus ten-thousandth or higher of its original concentration. 12. "Homeopathy" means a system of medicine that employs homeopathic medication in accordance with the principle that a substance that produces symptoms in a healthy person can cure those symptoms in an ill person. 13. "Immediate family" means a person's spouse, natural or adopted children, parents and siblings and the natural or adopted children, parents and siblings of the person's spouse. 14. "Letter of concern" means an advisory letter to notify a licensee that, while there is insufficient evidence to support disciplinary action, the board believes the licensee should modify or eliminate certain practices. 15. "Licensee" means a person who is licensed pursuant to this chapter. 16. "Medical assistant" means an unlicensed person who has completed an educational program approved by the board, who assists in a homeopathic practice under the supervision of a doctor of homeopathy or homeopathic physician and who performs delegated procedures commensurate with the assistant's education and training but who does not diagnose, interpret, design or modify established treatment programs or violate any statute. 17. "Medical incompetence" means the lack of sufficient medical knowledge or skill by a licensee to a degree that is likely to endanger a patient's health. Medical incompetence includes the range of knowledge expected for basic licensure pursuant to this chapter or as a medical or osteopathic physician in any professional regulatory jurisdiction of the United States and additional knowledge of homeopathic treatments and modalities expected of persons who are licensed pursuant to this chapter. 18. "Minor surgery": (a) Means surgical procedures that are conducted by a licensee who is licensed pursuant to section 32-2912, subsection A in an outpatient setting and that involve the removal or repair of lesions or injuries to the skin, mucous membranes and subcutaneous tissues, the use of topical, local or regional anesthetic agents, the treatment by stabilizing or casting nondisplaced and uncomplicated fractures of the extremities and diagnostic endoscopies of the intestinal tract, nasopharynx and vagina. (b) Includes diagnostic aspiration of joints and subcutaneous cysts, therapeutic injections of muscular trigger points, tendons, ligaments and scars and the subcutaneous implantation of medical therapeutic agents. (c) Does not include the use of general, spinal or epidural anesthesia, the opening of body cavities, the repair of blood vessels and nerves or the biopsy by incision, excision or needle aspiration of internal organs, the breast or the prostate. 19. "Neuromuscular integration" means musculoskeletal therapy that uses any combination of manual methods, physical agents and physical medicine procedures and devices to improve physiological function by normalizing body structure. 20. "Nutrition" means the recommendation by a licensee of therapeutic or preventative dietary measures, food factor concentrates, fasting and cleansing regimens and the rebalancing by a licensee of digestive system function to correct diseases of malnutrition, to resolve conditions of metabolic imbalance and to support optimal vitality. 21. "Orthomolecular therapy" means therapy to provide the optimum concentration of substances normally present in the human body such as vitamins, minerals, amino acids and enzymes. Orthomolecular therapy includes the diagnosis of ailments or physiologic stresses that occur as a result of genetic or environmental influences as well as acquired or inherited allergy and hypersensitivity responses. 22. "Pharmaceutical medicine" means a drug therapy that uses prescription-only and nonprescription pharmaceutical agents as well as medicinal agents of botanical, biological or mineral origin and that is based on current scientific indications or traditional or historical usage indications. 23. "Practice of homeopathic medicine", (a) For the purposes of a person who is licensed pursuant to section 32-2912, subsection A, means the practice of medicine in which the person purports to diagnose, treat or correct actual or imagined human diseases, injuries, ailments, infirmities and deformities of a physical or mental origin using treatment modalities that include acupuncture, chelation therapy, homeopathy, minor surgery, neuromuscular integration, nutrition, orthomolecular therapy and pharmaceutical medicine. (b) For the purposes of a person who is licensed pursuant to section 32-2912, subsection B, means the practice of medicine in which the person purports to diagnose, treat or correct actual or imagined human diseases, injuries, ailments, infirmities and deformities of a physical or mental origin by means of homeopathy or nutrition. 24. "Preceptorship" means an extended period of individual study with one or more experienced homeopathic physicians or institutions. 25. "Prescription-only drug" does not include a controlled substance but does include: (a) A drug that is generally regarded by medical experts to be unsafe if its use and dosage are not supervised by a medical practitioner. (b) A drug that is approved for use under the supervision of a medical practitioner pursuant to the federal new drug application law or section 32-1962. (c) A potentially harmful drug if its labeling does not contain full directions for its use by the patient. (d) A drug that is required by federal law to bear on its label the following words: "Caution: Federal law prohibits dispensing without prescription." 26. "Professional negligence" means any of the following: (a) That a licensee administers treatment to a patient in a manner that is contrary to accepted practices and that harms the patient if it can be shown to the board's satisfaction that accepted practices are inherently less hazardous. (b) That a licensee commits an act of unprofessional conduct or displays an unreasonable lack of professional skill or fidelity. (c) That a licensee's negligence, carelessness or disregard of established principles or practice results in a patient's injury, unnecessary suffering or death. 27. "Special purpose licensing examination" means an examination developed by the national board of medical examiners on behalf of the federation of state medical boards for use by state licensing boards to test the basic medical competence of physicians who are applying for licensure and who have been in practice in another jurisdiction of the United States and to determine the competence of a physician under investigation by a state licensing board. Sec. 14. Section 32-2904, Arizona Revised Statutes, is amended to read: 32-2904. Powers and duties A. The board shall: 1. Conduct all examinations for applicants for a license under this chapter, issue licenses, conduct hearings, regulate the conduct of licensees and administer and enforce this chapter. 2. Enforce the standards of practice prescribed by this chapter and board rules. 3. Collect and account for all fees under this chapter and deposit, pursuant to sections 35-146 and 35-147, the monies in the appropriate fund. 4. Maintain a record of its acts and proceedings, including the refusal to issue a license or the issuance, renewal, suspension or revocation of licenses to practice according to this chapter. 5. Maintain a roster of all persons who are licensed pursuant to this chapter that includes: (a) The licensee's name. (b) The current professional office address. (c) The date and number of the license issued under this chapter. (d) Whether the licensee is in good standing. 6. Adopt and use a seal, the imprint of which is evidence of the board's official acts. 7. Contract with the department of administration for administrative and recordkeeping services. 8. Charge additional fees that do not exceed the cost of the services for services the board deems necessary to carry out its intent and purposes. 9. Adopt rules regarding the regulation and the qualifications of medical assistants. 10. Keep board records open to public inspection during normal business hours. 11. Meet each January with the acupuncture board of examiners to set financial compensation for staff and operating expense sharing. B. The board may: 1. Adopt rules necessary or proper to administer this chapter. 2. Subject to title 41, chapter 4, article 4, hire personnel to carry out the purposes of this chapter. 3. Hire investigators subject to title 41, chapter 4, article 4 or contract with investigators to assist in investigating violations of this chapter and contract with other state agencies if required to carry out this chapter. 4. Appoint one of its members to the jurisdiction arbitration panel pursuant to section 32-2907, subsection B. 5. Subject to title 41, chapter 4, article 4, employ consultants to perform duties the board determines are necessary to implement this chapter. 6. Compile and publish an annual directory. 7. Adopt rules to establish competency or professional review standards for any minor surgical procedure. 8. Appoint two or more board members to a subcommittee that reviews and approves applications and issues permits pertaining to homeopathic medical assistants and associated practical educational programs, pursuant to board rules. 9. Appoint two or more board members to a subcommittee that reviews and approves applications and issues permits pertaining to drugs and device dispensing practices, pursuant to board rules. Sec. 15. Section 32-2905, Arizona Revised Statutes, is amended to read: 32-2905. Executive director; personnel; duties; compensation A. The executive director of the acupuncture board of examiners shall serve as the executive director of the board of homeopathic and integrated medicine examiners. The staff of the acupuncture board of examiners shall carry out the administrative responsibilities of the board of homeopathic and integrated medicine examiners. a. Subject to title 41, chapter 4, article 4, the board may appoint an executive director who serves at the pleasure of the board. The executive director may not be a board member. B. The executive director is eligible to receive compensation set by the board within the range determined pursuant to section 38-611. B. c. The executive director shall: 1. Collect all monies due and payable to the board. 2. Deposit, pursuant to sections 35-146 and 35-147, all monies received by the board in the appropriate fund. 3. Prepare bills for authorized expenditures of the board and obtain warrants from the department of administration. 4. Act as custodian of the seal, books, records, minutes and proceedings of the board. 5. Perform all duties prescribed by the board. 6. Perform all administrative duties of the board. 7. Subject to title 41, chapter 4, article 4, employ personnel necessary to carry out board functions. Sec. 16. Section 32-2932, Arizona Revised Statutes, is amended to read: 32-2932. Use of title or abbreviation by licensees A. A person who is licensed pursuant to section 32-2912, subsection A may use the designation and sign the licensee's name, wherever required, in any capacity, as "homeopathic doctor", or "homeopathic physician". If the licensee is a graduate of a board-approved allopathic school of medicine, the licensee may also use the designation "medical doctor (homeopathic)". If the licensee is a graduate of a board-approved osteopathic school of medicine, the licensee may also use the designation "doctor of osteopathic medicine (homeopathic)". B. A person who is licensed pursuant to section 32-2912, subsection B may use the designation "homeopathic practitioner", "doctor of homeopathy" or "homeopathic doctor". A person may use the designation "homeopathic doctor" or "doctor of homeopathy" only if the person holds a doctorate and is licensed pursuant to chapter 8, 14, or 19 or 39 of this title. C. The board may adopt in rule abbreviations for the titles listed in subsections A and B of this section. Sec. 17. Section 32-3021, Arizona Revised Statutes, is amended to read: 32-3021. Private vocational program license; qualifications; provision of information; exemptions A. A person shall not operate a private vocational program unless the person holds a private vocational program license issued pursuant to this chapter. Each program offered by a private vocational program licensee shall be authorized on a private vocational program license. The board shall prescribe the manner in which the programs are identified on the license. B. An applicant for a private vocational program license shall meet all of the following requirements: 1. Furnish a letter of credit, surety bond or cash deposit as provided in section 32-3023. 2. Make specific information concerning educational programs, including statements of purpose, objectives, course of study, policies, fees and other pertinent information, available to prospective students and the general public. 3. Be financially responsible and have management capability. 4. Maintain a qualified faculty. 5. Maintain facilities, equipment and materials that are appropriate for the stated program. All facilities shall meet applicable state and local health and safety laws. 6. Maintain appropriate records as the board prescribes that are properly safeguarded and preserved. 7. Use only advertisements that are consistent with the information made available as provided in paragraph 2 of this subsection. 8. Provide courses of instruction that meet stated objectives. 9. Provide a grievance procedure for students. 10. Comply with all federal and state laws relating to the operation of a private postsecondary educational institution. 11. Other requirements the board deems necessary. C. An applicant for a private vocational program license shall submit evidence of meeting the requirements prescribed in subsection B of this section to the board. The board shall verify the evidence submitted. Verification shall include on-site verification. D. The filing of an application grants the board the authority to obtain information from any of the following: 1. A licensing board or agency in any state, district, territory or county of the United States or any foreign country. 2. The Arizona criminal justice information system as defined in section 41-1750. 3. The federal bureau of investigation. E. The board, on application, may issue a private vocational program license to a new educational institution as provided in this section, except that the board shall establish separate minimum standards for licensure requirements of new educational institutions. These minimum standards may include the modification of licensure requirements as provided in subsection B, paragraphs 3, 5, 6, 7 and 8 of this section to meet the circumstances of new educational institutions. The board, on application, may issue a private vocational program license to an educational institution that is otherwise exempt under subsection F of this section. The board shall monitor the new educational institution to ensure compliance with the licensure requirements. The board shall issue a private vocational program license as provided in this subsection one time only to new educational institutions. F. This section does not apply to any of the following: 1. A school licensed pursuant to chapter 5 of this title. 2. 1. An instructional program or course sponsored by a bona fide trade association solely for its members. 3. 2. Privately owned academic schools engaged in the process of general education that is designed to produce a level of development equivalent to that necessary to meet the requirements for entrance into a public community college or public university in this state and that may incidentally offer technical and vocational courses as part of the curriculum. 4. 3. Schools or private instruction conducted by any person engaged in training, tutoring or teaching individuals or groups, if the instruction is related to hobbies, avocations, academic improvement or recreation and may only incidentally lead to gainful employment. 5. 4. Schools conducted by any person solely for training the person's own employees. 6. 5. An instructional program or course offered solely for employees and for the purpose of improving the employees in their employment if both of the following apply: (a) The employee is not charged a fee. (b) The employer provides or funds the program or course pursuant to a valid written contract between the employer and a program or course provider. 7. 6. Training conducted pursuant to 14 Code of Federal Regulations part 141. 8. 7. A school that solely provides an instructional program for certified nursing assistants and licensed nursing assistants and that is licensed by the nursing board pursuant to section 32-1606, subsection B, paragraph 11. 9. 8. A professional driving training school licensed by the department of transportation pursuant to chapter 23, articles 1, 2 and 3 of this title. 10. 9. A training program approved by the board of examiners of nursing care institution administrators and assisted living facility managers that solely provides training for managers and caregivers of assisted living facilities. 11. 10. A yoga teacher training course or program or a yoga instructional course or program. 12. 11. A private instructional program or course that is less than forty contact hours in length and that charges a fee of less than $1,000. For the purposes of this paragraph, "contact hour" means a fifty-minute session of scheduled in-class or online instruction. Sec. 18. Section 32-3101, Arizona Revised Statutes, is amended to read: 32-3101. Definitions In this chapter, unless the context otherwise requires: 1. "Certification" means a voluntary process by which a regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by that regulatory entity and who may assume or use the word "certified" in a title or designation to perform prescribed health professional tasks. 2. "Grandfather clause" means a provision that is applicable to practitioners who are actively engaged in the regulated health profession before the effective date of a law and that exempts the practitioners from meeting the prerequisite qualifications set forth in the law to perform prescribed occupational tasks. 3. "Health professional group" means any health professional group or organization, any individual or any other interested party that proposes that any health professional group that is not presently regulated be regulated. 4. "Health professions" means professions that are regulated pursuant to chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 28, 29, 33, 34, 35, 39 or 41 of this title, title 36, chapter 6, article 7 or title 36, chapter 17. 5. "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the practitioners' occupation is being carried out in a fashion consistent with the public health, safety and welfare. 6. "Licensure" or "license" means an individual, nontransferable authorization to carry on a health activity that would otherwise be unlawful in this state in the absence of the permission and that is based on qualifications that include graduation from an accredited or approved program and acceptable performance on a qualifying examination or a series of examinations. 7. "Practitioner" means an individual who has achieved knowledge and skill by practice and who is actively engaged in a specified health profession. 8. "Public member" means an individual who is not and never has been a member or the spouse of a member of the health profession being regulated and who does not have and never has had a material financial interest in either rendering the health professional service being regulated or an activity directly related to the profession being regulated. 9. "Registration" means the formal notification that, before rendering services, a practitioner must submit to a state agency setting forth the name and address of the practitioner, the location, nature and operation of the health activity to be practiced and, if required by a regulatory entity, a description of the service to be provided. 10. "Regulatory entity" means any board, commission, agency or department of this state that regulates one or more health professions in this state. 11. "State agency" means any department, board, commission or agency of this state. Sec. 19. Section 32-3201, Arizona Revised Statutes, is amended to read: 32-3201. Definitions In this chapter, unless the context otherwise requires: 2. 1. "Health professional" means a person who is certified or licensed pursuant to chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 28, 29, 33, 34, 35, 39, 41 or 42 of this title, title 36, chapter 4, article 6, title 36, chapter 6, article 7 or title 36, chapter 17. 1. 2. "Health profession regulatory board" means any board that regulates one or more health professionals in this state. 3. "Medical record records" has the same meaning prescribed in section 12-2291 but does not include prescription orders. Sec. 20. Section 32-3218, Arizona Revised Statutes, is amended to read: 32-3218. Health profession regulatory boards; members; training; definitions A. Beginning January 1, 2015, Each member of a health profession regulatory board shall complete a twelve-hour training within one year after the member's initial appointment to the board. Any member of a health profession regulatory board whose initial appointment was before January 1, 2015 has until January 1, 2016 to complete the training required by this subsection. The training must include the subjects of governance and administrative management, disciplinary procedures, conduct of quasi-judicial proceedings, administrative procedure and rule adoption and licensure as they apply to the health profession regulatory board. Any training completed by a current board member on and after January 1, 2014 on the topics specified in this subsection may count toward the requirements of this subsection. B. The training of board members required by this section may be provided by the staff of any health profession regulatory board, the office of the attorney general, the department of administration, the auditor general or an outside educational institution or any other provider that is approved by the health profession regulatory board on which the member is serving. C. Any board action taken by a health profession regulatory board is not subject to challenge or invalidation because a board member has not completed the training required by this section. D. For the purposes of this section: 2. 1. "Health professional" means a person who is certified or licensed pursuant to chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 28, 29, 34, 35, 39, 41 or 42 of this title. 1. 2. "Health profession regulatory board" means any board that regulates one or more health professional professionals in this state. Sec. 21. Section 32-3231, Arizona Revised Statutes, is amended to read: 32-3231. Definitions In this article, unless the context otherwise requires: 1. "Administer" means the direct application of or dispensing or furnishing a prescription medication or a prescription-only device, whether by injection or any other means, to the body of a patient by a health professional or by the health professional's authorized agent at the direction of the health professional. 2. "Aesthetician" has the same meaning prescribed in section 32-501. 3. 2. "Cosmetic purpose" means for the purpose of beautifying, preserving or conferring comeliness, excluding therapeutic massage and manipulations. 4. 3. "Department" means the department of health services. 5. 4. "Directly supervised" means a health professional who is licensed in this state and whose scope of practice allows the supervision supervises the use of a laser or IPL device for cosmetic purposes while the health professional is present at the facility where and when the device is being used. 6. 5. "Indirect supervision" means supervision by a health professional who is licensed in this state, whose scope of practice allows the supervision and who is readily accessible by telecommunication. 7. 6. "IPL device" has the same meaning prescribed in section 32-516 means an intense pulse light class II surgical device certified in accordance with the standards of the department for cosmetic procedures. 8. 7. "Laser" has the same meaning prescribed in section 32-516 means any device that can produce or amplify electromagnetic radiation with wavelengths in the range of one hundred eighty nanometers to one millimeter primarily by the process of controlled stimulated emission and certified in accordance with the standards for the department for cosmetic procedures. 9. 8. "Laser technician" means a person who is or has been certified by the department pursuant to its rules and this article. 10. 9. "Registrant" means a person or entity that owns or operates a laser or IPL device for which the application for registration is on file with the department and that is in compliance with department rules. Sec. 22. Repeal Title 32, chapter 39, Arizona Revised Statutes, is repealed. Sec. 23. Section 36-3601, Arizona Revised Statutes, is amended to read: 36-3601. Definitions For the purposes of this chapter: 1. "Health care decision maker" has the same meaning prescribed in section 12-2801. 2. "Health care provider": (a) Means a person licensed pursuant to title 32, chapter 7, 8, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 25, 28, 29, 33, 34, 35, 39, 41 or 42, or chapter 4, article 6 of this title, chapter 6, article 7 of this title or chapter 17 of this title. (b) Includes: (i) A health care institution licensed pursuant to chapter 4 of this title. (ii) A person who holds a training permit pursuant to title 32, chapter 13 or 17. 3. "Health care provider regulatory board or agency" means a board or agency that regulates one or more health care provider professions in this state. 4. "Telehealth" means: (a) The interactive use of audio, video or other electronic media, including asynchronous store-and-forward technologies and remote patient monitoring technologies, for the practice of health care, assessment, diagnosis, consultation or treatment and the transfer of medical data. (b) Includes the use of an audio-only telephone encounter between the patient or client and health care provider if an audio-visual telehealth encounter is not reasonably available due to the patient's functional status, the patient's lack of technology or telecommunications infrastructure limits, as determined by the health care provider. (c) Does not include the use of a fax machine, instant messages, voice mail or email. Sec. 24. Section 41-619.51, Arizona Revised Statutes, is amended to read: 41-619.51. 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 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) (mm) Section 32-4222. (pp) (nn) Section 32-4128. (qq) (oo) Section 36-113. (rr) (pp) Section 36-207. (ss) (qq) Section 36-411. (tt) (rr) Section 36-425.03. (uu) (ss) Section 36-446.04. (vv) (tt) Section 36-594.01. (ww) (uu) Section 36-594.02. (xx) (vv) Section 36-766.01. (yy) (ww) Section 36-882. (zz) (xx) Section 36-883.02. (aaa) (yy) Section 36-897.01. (bbb) (zz) Section 36-897.03. (ccc) (aaa) Section 36-3008. (ddd) (bbb) Section 41-619.53. (eee) (ccc) Section 41-1964. (fff) (ddd) Section 41-1967.01. (ggg) (eee) Section 41-1968. (hhh) (fff) Section 41-1969. (iii) (ggg) Section 41-2814. (jjj) (hhh) Section 41-4025. (kkk) (iii) Section 46-141, subsection A or B. (lll) (jjj) Section 46-321. Sec. 25. Repeal Title 41, chapter 5, article 6, Arizona Revised Statutes, is repealed. Sec. 26. Section 41-1092, Arizona Revised Statutes, is amended to read: 41-1092. 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. (c) (b) The board of behavioral health examiners. (d) (c) The Arizona state boxing and mixed martial arts commission. (e) (d) The state board of chiropractic examiners. (f) (e) The state board of dental examiners. (g) (f) The Arizona game and fish commission. (h) (g) The board of homeopathic and integrated medicine examiners. (i) (h) The Arizona medical board. (j) (i) The naturopathic physicians medical board. (k) (j) The Arizona state board of nursing. (l) (k) The board of examiners of nursing care institution administrators and assisted living facility managers. (m) (l) The board of occupational therapy examiners. (n) (m) The state board of dispensing opticians. (o) (n) The state board of optometry. (p) (o) The Arizona board of osteopathic examiners in medicine and surgery. (q) (p) The Arizona peace officer standards and training board. (r) (q) The Arizona state board of pharmacy. (s) (r) The board of physical therapy. (t) (s) The state board of podiatry examiners. (u) (t) The state board for private postsecondary education. (v) (u) The state board of psychologist examiners. (w) (v) The board of respiratory care examiners. (x) (w) The state board of technical registration. (y) (x) The Arizona state veterinary medical examining board. (z) The acupuncture board of examiners. (aa) (y) The Arizona regulatory board of physician assistants. (bb) (z) The board of athletic training. (cc) (aa) The board of massage therapy. Sec. 27. Section 41-1234, Arizona Revised Statutes, is amended to read: 41-1234. Publicly funded contract lobbyists; prohibition A. Notwithstanding any other law, a state agency, office, department, board or commission or the arizona supreme court or the administrative office of the courts and any person acting on behalf of a state agency, office, department, board or commission or the arizona supreme court or the administrative office of the courts shall not: 1. Enter into a contract or other agreement with a person or entity for lobbying services. 2. Spend monies for any person or entity to lobby on behalf of the arizona supreme court or the administrative office of the courts or that agency, office, department, board or commission unless that person is a state employee. B. This section does not apply to any state agency, office, department, board or commission that is either: 1. Headed by one or more elected officials. 2. Exempt from title 41, chapter 23 of this title for the purposes of contracts for professional lobbyists. C. This section does not apply to the employment relationship of a lobbyist who is a state employee directly employed by a state governmental unit for whom the employee acts as a lobbyist or lobbying is part of the employee's job description. D. For the purposes of this section, "state employee" has the same meaning prescribed in section Section 41-1234, Arizona Revised Statutes, is amended to read: 41-1234. Publicly funded contract lobbyists; prohibition A. Notwithstanding any other law, a state agency, office, department, board or commission [or the arizona supreme court or the administrative office of the courts] and any person acting on behalf of a state agency, office, department, board or commission [or the arizona supreme court or the administrative office of the courts] shall not: 1. Enter into a contract or other agreement with a person or entity for lobbying services. 2. Spend monies for any person or entity to lobby on behalf of [the arizona supreme court or the administrative office of the courts or] that agency, office, department, board or commission unless that person is a state employee. B. This section does not apply to any state agency, office, department, board or commission that is either: 1. Headed by one or more elected officials. 2. Exempt from [title 41,] chapter 23 [of this title] for the purposes of contracts for professional lobbyists. C. This section does not apply to the employment relationship of a lobbyist who is a state employee directly employed by a state governmental unit for whom the employee acts as a lobbyist or lobbying is part of the employee's job description. [D. For the purposes of this section, "state employee" has the same meaning prescribed in section 41-1231. or the arizona supreme court or the administrative office of the courts or the arizona supreme court or the administrative office of the courts the arizona supreme court or the administrative office of the courts or of this title Sec. 28. Section 41-1758, Arizona Revised Statutes, is amended to read: 41-1758. 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, the board of massage therapy 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) (ll) Section 32-4128. (oo) (mm) Section 32-4222. (pp) (nn) Section 36-113. (qq) (oo) Section 36-207. (rr) (pp) Section 36-411. (ss) (qq) Section 36-425.03. (tt) (rr) Section 36-446.04. (uu) (ss) Section 36-594.01. (vv) (tt) Section 36-594.02. (ww) (uu) Section 36-766.01. (xx) (vv) Section 36-882. (yy) (ww) Section 36-883.02. (zz) (xx) Section 36-897.01. (aaa) (yy) Section 36-897.03. (bbb) (zz) Section 36-3008. (ccc) (aaa) Section 41-619.52. (ddd) (bbb) Section 41-619.53. (eee) (ccc) Section 41-1964. (fff) (ddd) Section 41-1967.01. (ggg) (eee) Section 41-1968. (hhh) (fff) Section 41-1969. (iii) (ggg) Section 41-2814. (jjj) (hhh) Section 41-4025. (kkk) (iii) Section 46-141, subsection A or B. (lll) (jjj) Section 46-321. 6. "Rap back services" has the same meaning prescribed in section 41-1750. 7. "Vulnerable adult" has the same meaning prescribed in section 13-3623. Sec. 29. Section 41-1758.01, Arizona Revised Statutes, is amended to read: 41-1758.01. Fingerprinting division; powers and duties A. The fingerprinting division is established in the department of public safety and shall: 1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 3-314, 8-105, 8-322, 8-463, 8-509, 8-802, 15-183, 15-503, 15-512, 15-534, 15-763.01, 15-782.02, 15-1330, 15-1881, 17-215, 28-3228, 28-3413, 32-122.02, 32-122.05, 32-122.06, 32-823, 32-1232, 32-1276.01, 32-1284, 32-1297.01, 32-1904, 32-1941, 32-1982, 32-2022, 32-2063, 32-2108.01, 32-2123, 32-2371, 32-3430, 32-3620, 32-3668, 32-3669, 32-3922, 32-3924, 32-4128, 32-4222, 36-113, 36-207, 36-411, 36-425.03, 36-446.04, 36-594.01, 36-594.02, 36-766.01, 36-882, 36-883.02, 36-897.01, 36-897.03, 36-3008, 41-619.52, 41-619.53, 41-1964, 41-1967.01, 41-1968, 41-1969, 41-2814, and 41-4025, section 46-141, subsection A or B and section 46-321. 2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card. 3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41-619.53 and deposit, pursuant to sections 35-146 and 35-147, the monies collected in the board of fingerprinting fund. 4. Inform in writing each person who submits fingerprints for a fingerprint background check of the right to petition the board of fingerprinting for a good cause exception pursuant to section 41-1758.03, 41-1758.04 or 41-1758.07. 5. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, inform the person in writing that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544. 6. Notify the person in writing if the division suspends, revokes or places a driving restriction notation on a fingerprint clearance card pursuant to section 41-1758.04. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction notation was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544. 7. Administer and enforce this article. B. The fingerprinting division may contract for electronic or internet-based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15-106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with: 1. All information privacy and security measures and submission standards established by the department of public safety. 2. The information technology security policy approved by the department of public safety. Sec. 30. Repeal Section 41-2304, Arizona Revised Statutes, is repealed. Sec. 31. Section 41-2706, Arizona Revised Statutes, is amended to read: 41-2706. Applicability of chapter A. This chapter applies to the solicitation of grants initiated after August 6, 1999. B. This chapter does not apply to: 1. Any grant program that was exempt from chapter 23, article 3 of this title and for which administrative rules establishing grant solicitation procedures were adopted pursuant to chapter 6 of this title before August 6, 1999. 2. The Arizona board of regents and schools, colleges, institutions and universities under its control if the Arizona board of regents adopts rules or policies governing the award of grants that encourage as much competition as practicable. 3. Grants made by the cotton research and protection council for research programs related to cotton production or protection. 4. Grants made by the Arizona iceberg lettuce research council for research programs under section 3-526.02, subsection C, paragraph 3 or 5. 5. 4. Grants made by the Arizona citrus research council for research programs under section 3-468.02, subsection C, paragraph 3 or 5. 6. 5. Grants made by the Arizona grain research and promotion council for research projects and programs under section 3-584, subsection C, paragraph 5. 7. 6. Grants made under section 3-268, subsection C. 8. 7. Grants made by the Arizona commerce authority from the Arizona competes fund pursuant to chapter 10, article 5 of this title. With respect to other grants, the authority shall adopt policies, procedures and practices, in consultation with the department of administration, that are similar to and based on the policies and procedures prescribed by this chapter for the purpose of increased public confidence, fair and equitable treatment of all persons engaged in the process and fostering broad competition while accomplishing flexibility to achieve the authority's statutory requirements. The authority shall make its policies, procedures and practices available to the public. 9. 8. Grants of less than five thousand dollars $5,000 from the veterans' donations fund if the department of veterans' services adopts rules or policies governing these grants that encourage as much competition as practicable. Sec. 32. Repeal Sections 41-3026.06, 41-3030.10, 41-3030.25 and 43-619, Arizona Revised Statutes, are repealed. Sec. 33. Section 44-6852, Arizona Revised Statutes, is amended to read: 44-6852. Dishonored checks; service fee Notwithstanding any other law and except as provided in section 32-507, the holder, payee or assignee of the holder or payee of a dishonored check, draft, order or note may charge and collect from the maker or drawer a service fee of not more than $25 plus any actual charges assessed by the financial institution of the holder, payee or assignee of the holder or payee as a result of the dishonored instrument. Sec. 34. Short title This act may be cited as the "Abolition of Functionally Unnecessary Excessive Regulators Act".
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 3-108, Arizona Revised Statutes, is amended to read:
START_STATUTE3-108. Administrative support fund; use; exemption
A. A department of agriculture administrative support fund is established. All monies collected pursuant to any interagency agreement with the department pursuant to section 3-588, subsection A shall be deposited, pursuant to sections 35-146 and 35-147, in the fund.
B. All monies collected pursuant to any interagency agreement with the department in accordance with section 3-468.03, subsection A and section 3-526.03, subsection A shall be deposited in the administrative support fund or deposited in the citrus, fruit and vegetable trust fund established by section 3-447 pursuant to the terms of the interagency agreement. Deposits in the administrative support fund shall be made pursuant to sections 35-146 and 35-147.
C. Monies in the fund are continuously appropriated and exempt from the provisions of section 35-190 relating to lapsing of appropriations. END_STATUTE
Sec. 2. Section 3-403, Arizona Revised Statutes, is amended to read:
3-403. Exemptions
This article shall does not apply to article 2.1, 4.2 or 4.3 of this chapter.
Sec. 3. Repeal
Title 3, chapter 3, article 4.2, Arizona Revised Statutes, is repealed.
2.Title 3, chapter3, article 4.2, Arizona Revised Statutes, is repealed.
Sec. 4. Section 10-122, Arizona Revised Statutes, is amended to read:
10-122. Filing, service and copying fees; expedited report filing and access; same day and next day services; posted wait times; advance monies; definition
A. The commission shall collect and deposit, pursuant to sections 35-146 and 35-147, the following nonrefundable fees when the documents described in this subsection are delivered to the commission:
Document Fee
1. Articles of incorporation $50
2. Application for use of indistinguishable name 10
3. Application for reserved name 10
4. Notice of transfer of reserved name 10
5. Application for registered name 10
6. Application for renewal of registered name 10
7. Agent's statement of resignation 10
8. Amendment of articles of incorporation 25
9. Restatement of articles of incorporation with
amendment of articles 25
10. Statement of merger, interest exchange,
conversion, domestication or division if
the entity responsible for filing the
statement is a corporation 100
11. Articles of dissolution 25
12. Articles of revocation of dissolution 25
13. Application for reinstatement following
administrative dissolution, in addition
to other fees and penalties due 100
14. Application for authority 150
15. Application for withdrawal 25
16. Annual report 45
17. Articles of correction 25
18. Application for certificate of good standing 10
19. Any other document required or permitted
to be filed by chapters 1 through 17
of this title 25
B. The commission shall collect a nonrefundable fee of twenty-five dollars $25 each time process is served on it under chapters 1 through 17 of this title. The party to a proceeding causing service of process is entitled to recover this fee as costs if the party prevails in the proceeding.
C. The commission shall charge and collect a reasonable fee for copying documents on request, provided the fee does not exceed the cost of providing the service as determined by the commission. The commission shall also charge a reasonable fee for certifying the copy of a filed document, provided if the fee does not exceed the cost of providing the service as determined by the commission.
D. A penalty of one hundred dollars $100 that is payable in addition to other fees accrues and is payable if a foreign corporation fails to file an amendment, restated articles that include an amendment, or articles of merger within sixty days after the time of filing in the jurisdiction in which the corporation is domiciled. The penalty collected pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
E. One-third of The fees for the annual report of domestic and foreign corporations paid pursuant to subsection A, paragraph 16 of this section shall be deposited in the Arizona arts trust fund established by section 41-983.01 and two-thirds of these fees shall be deposited, pursuant to sections 35-146 and 35-147, in the public access fund established by section 10-122.01.
F. The commission shall provide for and establish an expedited service for the filing of all documents and services provided pursuant to this title as follows:
1. The expedited filing shall be a priority service to be completed as soon as possible after the documents are delivered to the commission.
2. In addition to any other fees required by this section or any other law, the commission shall charge a nonrefundable fee for expedited services, including those requested by fax. The fee shall be determined by a supermajority vote of the commissioners.
3. The commission may provide for and establish same day and next day services for the filing of any documents and services provided pursuant to this title as follows:
(a) The commission shall suspend same day or next day service if the commission determines that it does not have the necessary resources to perform the service within the established time period.
(b) In addition to any other fees required by this section or any other law, the commissioners may charge a nonrefundable fee for the same day or next day service or both. The fee shall be determined by a supermajority vote of the commissioners.
4. The commission shall publicly post the current wait times for processing regular, expedited and same day and next day services.
G. The commission may charge persons who access the commission's data processing system that is maintained pursuant to section 10-122.01 from remote locations and persons requesting special computer generated printouts, reports and tapes a reasonable fee that does not exceed the cost of the time, equipment and personnel necessary to provide this service or product as determined by the commission.
H. Except as provided in section 10-122.01, subsection B, paragraph 3, in addition to any fee charged pursuant to this section, the commission may charge and collect the following nonrefundable fees to help defray the cost of the improved data processing system that is maintained pursuant to section 10-122.01:
1. Filing articles of incorporation of a domestic corporation, ten dollars $10.
2. Filing an application of a foreign corporation for authority to transact business in this state, twenty-five dollars $25.
I. All monies received pursuant to subsections F, G and H of this section shall be deposited, pursuant to sections 35-146 and 35-147, in the public access fund established by section 10-122.01.
J. Fees charged pursuant to this section are exempt from section 39-121.03, subsection A, paragraph 3.
K. The commission may allow any person to advance monies to the commission to pay fees required pursuant to this section for future filings and services. All monies received pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the money on deposit account in the public access fund established by section 10-122.01.
L. In addition to any other fees prescribed by law, the commission may establish a fee for the filing of an annual benefit report delivered to the commission pursuant to section 10-2442. The fee shall be determined by a majority vote of the commissioners.
M. For the purposes of this section, "supermajority" means an affirmative vote of at least four commissioners.
Sec. 5. Section 11-811, Arizona Revised Statutes, is amended to read:
11-811. Zoning ordinance; zoning districts; definitions
A. Pursuant to this article, the board of supervisors may adopt a zoning ordinance in order to conserve and promote the public health, safety, convenience and general welfare. The zoning ordinance and all rezonings and zoning regulations amendments adopted under this article shall be consistent with and conform to the adopted comprehensive plan. In addition to the other matters that are required or authorized under this section and article 1 of this chapter, the zoning ordinance:
1. Shall show the zoning districts designated as appropriate for various classes of residential, business and industrial uses and shall provide for the establishment of setback lines and other plans providing for adequate light, air and parking facilities and for expediting traffic within the districts.
2. May establish the percentage of a lot or parcel that may be covered by buildings and the size of yards, courts and other open spaces.
3. Shall consider access to incident solar energy.
4. May provide for retirement community zoning districts.
5. May provide for the regulation and use of business licenses, adult oriented business manager permits and adult service provider permits in conjunction with the establishment or operation of adult oriented businesses and facilities, including adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments and nude model studios. With respect to cabarets, the ordinance shall not conflict with specific statutory or valid regulatory requirements applicable to persons licensed to dispense alcoholic beverages, but the ordinance may include regulation of the age and conduct of erotic entertainers in a manner at least as restrictive as rules adopted under title 4. Notwithstanding section 11-812, a county in regulating or licensing businesses and facilities pursuant to this paragraph may impose reasonable operating requirements that affect the existing uses of businesses and facilities.
6. Shall designate and zone appropriate areas of reasonable size in which there may be established with reasonable permanency canneries, fertilizer plants, refineries, commercial feedlots, meat packing plants, tallow works and other like businesses. A dairy operation, including areas designated for the raising of replacement heifers or bulls owned by the same dairy operation, is not subject to this paragraph, and is a general agricultural purpose under subsection D, paragraph 2 of this section and section 11-812, subsection A, paragraph 2. A replacement heifer or bull raising operation of a dairy that is not on contiguous property of the dairy is subject to this paragraph unless the operation begins within one-quarter mile of the dairy.
B. To carry out the purposes of this article, the board may adopt overlay zoning districts and regulations applicable to particular buildings, structures and land within individual zones. For the purposes of this subsection, "overlay zoning district" means a special zoning district that includes regulations that modify regulations in another zoning district with which the overlay zoning district is combined. Overlay zoning districts and regulations shall be adopted pursuant to section 11-813. The provisions of overlay zoning shall apply retroactively to authorize overlay zoning districts and regulations adopted before April 20, 1993.
C. In accordance with article II, sections 1 and 2, Constitution of Arizona, the board shall consider the individual property rights and personal liberties of the residents of the county before adopting any zoning ordinance.
D. This section does not authorize:
1. The imposition of dedications, exactions, fees or other requirements that are not otherwise authorized by law.
2. The regulation or restriction of the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five or more contiguous commercial acres. For the purposes of this paragraph, general agricultural purposes do not include the cultivation of cannabis as defined in section 13-3401 or marijuana as defined in section 13-3401 or 36-2801.
E. For the purposes of this section:
1. "Adult arcade" means any place to which the public is allowed or invited and in which coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images involving specific sexual activities or specific anatomical areas to persons in booths or viewing rooms.
2. "Adult bookstore or video store" means a commercial establishment that offers for sale or rent any of the following as one of its principal business purposes:
(a) Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes or reproductions or slides or other visual representations that depict or describe specific sexual activities or specific anatomical areas.
(b) Instruments, devices or paraphernalia that are designed for use in connection with specific sexual activities.
3. "Adult live entertainment establishment" means an establishment that features either:
(a) Persons who appear in a state of nudity.
(b) Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.
4. "Adult motion picture theater" means a commercial establishment in which for any form of consideration films, motion pictures, videocassettes, slides or other similar photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas are predominantly shown.
5. "Adult oriented business" means adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments that offer adult service or nude model studios.
6. "Adult oriented business manager" means a person on the premises of an adult oriented business who is authorized to exercise overall operational control of the business.
7. "Adult service" means dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening or other performances or activities conducted for any consideration in an adult oriented business by a person who is nude or seminude during all or part of the time that the person is providing the service.
8. "Adult service provider" or "erotic entertainer" means any natural person who provides an adult service.
9. "Adult theater" means a theater, concert hall, auditorium or similar commercial establishment that predominantly features persons who appear in a state of nudity or who engage in live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.
10. "Cabaret" means an adult oriented business licensed to provide alcoholic beverages pursuant to title 4, chapter 2, article 1.
11. "Discernibly turgid state" means the state of being visibly swollen, bloated, inflated or distended.
12. "Massage establishment" means an establishment in which a person, firm, association or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. This paragraph does not apply to:
(a) Persons who are licensed pursuant to title 32, chapter 7, 8, 13, 14 or 17.
(b) Registered nurses, licensed practical nurses or technicians who are acting under the supervision of a physician who is licensed pursuant to title 32, chapter 13 or 17.
(c) Registered nurse practitioners who are licensed pursuant to title 32, chapter 15.
(d) Persons who are employed or acting as trainers for a bona fide amateur, semiprofessional or professional athlete or athletic team.
(e) Persons who are licensed pursuant to title 32, chapter 5 if the activity is limited to the head, face or neck.
13. "Nude model studio" means a place in which a person who appears in a state of nudity or who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by other persons who pay money or other consideration. Nude model studio does not include a proprietary school that is licensed by this state, a college, community college or university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college or university that is supported entirely or in part by taxation or a structure to which the following apply:
(a) A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing.
(b) A student must enroll at least three days in advance of a class in order to participate.
(c) No more than one nude or seminude model is on the premises at any time.
14. "Nude", "nudity" or "state of nudity" means any of the following:
(a) The appearance of a human anus, genitals or a female breast below a point immediately above the top of the areola.
(b) A state of dress that fails to opaquely cover a human anus, genitals or a female breast below a point immediately above the top of the areola.
15. "Principal business purposes" means that a commercial establishment derives fifty percent or more of its gross income from the sale or rental of items listed in paragraph 2 of this subsection.
16. "Seminude" means a state of dress in which clothing covers no more than the genitals, pubic region and female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices.
17. "Specific anatomical areas" means any of the following:
(a) A human anus, genitals, the pubic region or a female breast below a point immediately above the top of the areola that is less than completely and opaquely covered.
(b) Male genitals in a discernibly turgid state even if completely and opaquely covered.
18. "Specific sexual activities" means any of the following:
(a) Human genitals in a state of sexual stimulation or arousal.
(b) Sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation or sodomy.
(c) Fondling or other erotic touching of the human genitals, pubic region, buttocks, anus or female breast.
(d) Excretory functions as part of or in connection with any of the activities under subdivision (a), (b) or (c) of this paragraph.
Sec. 6. Section 15-923, Arizona Revised Statutes, is amended to read:
15-923. Contracts for transportation; requirement; report
A. As an alternative to maintaining and operating a transportation program or in conjunction with a transportation program, a school district, if it is found to be economically advantageous, may contract for vehicles and other transportation services. Contracts may be with another political subdivision, a common or contract carrier or a private party.
B. In order to expediently process contracts for the provision of transportation, a school district may select a preapproved contract carrier or private party that meets both of the following criteria:
1. provides one or more of the following:
(a) 1. Electric school buses.
(b) 2. Electric school bus charging infrastructure.
(c) 3. Charging and charging management services.
(d) 4. Electric school bus services.
2. Has filed with and received approval from the school bus advisory council established by section 28-3053.
C. In addition to other powers and duties prescribed by title 11, chapter 2, article 4, any board of supervisors, at the request of any or all of the governing boards of the school districts within the county, may provide necessary student transportation. If the board of supervisors and the governing board or boards of such school districts mutually agree that such an arrangement is economically advantageous, the governing board of the school district is authorized to sell or lease its bus or buses to the board of supervisors for such purposes. Agreement between the parties shall be by written contract.
D. An eligible student who is transported part by contract and part by school district transportation facilities may not be counted as more than one eligible student.
E. Miles driven to transport eligible students may not be reported as daily route miles by more than one school district.
F. Each school district shall submit electronically to the department of education a report regarding the routes contracted, the contractor contract information, the number of eligible students transported by each contractor and any additional information requested by the department of education.
Sec. 7. Section 20-3151, Arizona Revised Statutes, is amended to read:
20-3151. Definitions
For the purposes of In this section chapter, unless the context otherwise requires:
1. "Enrollee" means an individual who is enrolled in a health care plan provided by a health care insurer.
2. "Health care insurer" means a disability insurer, group disability insurer, blanket disability insurer, health care services organization, hospital service corporation, medical service corporation or hospital and medical service corporation.
3. "Health care plan":
(a) Means a policy, contract or evidence of coverage issued to an enrollee. Health care plan
(b) Does not include limited benefit coverage as defined in section 20-1137.
4. "Health care professional" means a professional who is regulated pursuant to title 32, chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 25, 28, 29, 33, 34, 35, 39 or 41, title 36, chapter 6, article 7 or title 36, chapter 17.
Sec. 8. Section 28-900, Arizona Revised Statutes, is amended to read:
28-900. School transportation rules
A. The department of public safety in consultation with the student transportation advisory council established by section 28-3053 shall adopt rules as necessary to improve the safety and welfare of student passengers by minimizing the probability of accidents involving school buses and student passengers and by minimizing the risk of serious bodily injury to student passengers in the event of an accident.
B. The rules may include:
1. Minimum standards for the design and equipment of school buses that are designed for sixteen or more passengers.
2. Minimum standards for the periodic inspection and maintenance of school buses that are designed for sixteen or more passengers.
3. Procedures for the operation of school buses that are designed for sixteen or more passengers.
4. Minimum standards for the design and equipment of motor vehicles described in section 15-925 that are substantially different than the minimum standards prescribed in paragraph 1 of this subsection.
5. Minimum standards for the periodic inspection and maintenance of motor vehicles described in section 15-925.
6. Procedures for the operation of motor vehicles described in section 15-925.
7. Other criteria as deemed by the department of public safety and the student transportation advisory council to be necessary and appropriate to ensure the safe operation of school buses and motor vehicles that are described in section 15-925. Any rules adopted pursuant to this section shall allow for a variety of vehicles to be used to meet the needs of students and systems of varying sizes and locations.
C. The rules shall provide, if applicable, minimum standards equal to or more restrictive than those adopted by the United States department of transportation in accordance with 23 United States Code and rules adopted pursuant to 23 United States Code.
D. Notwithstanding a rule adopted by the department of public safety with respect to exterior color of a school bus that is designed for sixteen or more passengers, in order to reduce the interior temperature of a school bus, the exterior top of a school bus may be painted white, but the white area shall not extend beyond the center clearance lights, front and rear, and shall not extend below a line five inches above the top of the side windows.
E. An officer or employee of any school district or charter school who violates any of the rules or who fails to include the obligation to comply with the rules in any contract executed by the officer or employee on behalf of the school district or charter school is guilty of misconduct and is subject to removal from office or employment. Any person who operates a school bus or motor vehicle under contract with a school district or charter school and who fails to comply with any of the rules is in breach of contract, and the school district or charter school shall cancel the contract after notice and a hearing by the responsible officers of the school district or charter school.
F. The department of public safety shall enforce the rules adopted pursuant to this section.
Sec. 9. Repeal
A. Sections 28-2422, 28-2422.01 and 28-2422.02, Arizona Revised Statutes, are repealed.
B. Title 28, chapter 8, article 2, Arizona Revised Statutes, is repealed.
Sec. 10. Section 28-3228, Arizona Revised Statutes, is amended to read:
28-3228. School bus drivers; student transportation requirements; rules; cancellation of certificate
A. A person shall not operate a school bus that is designed for sixteen or more passengers and that transports school children schoolchildren unless the person possesses the appropriate license class for the size of school bus being operated that is issued by the department of transportation, a bus endorsement that is issued by the department of transportation and a school bus certificate that is issued by the department of public safety. A person shall not operate a motor vehicle described in section 15-925 to transport schoolchildren unless the person possesses the appropriate license class for the size of the motor vehicle being operated, a school bus driver certificate that is issued by the department of public safety and a valid fingerprint clearance card as required by subsection D of this section.
B. To be certified as a school bus driver for a vehicle that is designed for sixteen or more passengers, a person shall do both of the following:
1. Meet and maintain the minimum standards prescribed by this section and rules adopted by the department of public safety in consultation with the student transportation advisory council established by section 28-3053.
2. Complete an initial instructional course on school bus driver safety and training, including behind the wheel training.
C. The department of public safety in consultation with the student transportation advisory council established by section 28-3053 shall adopt rules that establish minimum standards for the certification of school bus drivers and drivers of other motor vehicles described in section 15-925. In cooperation with local school districts and charter schools, the department of public safety shall provide for school transportation safety and training courses. The standards established shall:
1. Include requirements concerning knowledge of operating a school bus or a motor vehicle described in section 15-925, pupil and motor vehicle safety, physical impairments that might affect the applicant's ability to safely operate a school bus or motor vehicle described in section 15-925 or that might endanger the health or safety of passengers, knowledge of first aid, establishment of school bus and other vehicle safety and training courses, a refresher course to be completed on at least a biennial basis and other matters as the department of public safety and the student transportation advisory council established by section 28-3053 prescribe prescribes for the protection of the public.
2. Require tests to detect the presence of alcohol or the use of a drug in violation of title 13, chapter 34 that may adversely affect the ability of the applicant to safely operate a school bus or motor vehicle described in section 15-925.
3. Authorize the performance of hearing tests with or without the use of a hearing aid as provided in 49 Code of Federal Regulations section 391.41.
4. Require the applicant to possess a commercial driver license issued by the department, except that:
(a) Notwithstanding subsection A of this section the applicant may possess a commercial driver license issued by another state if the applicant will be driving a school bus for a school district that is adjacent to that state.
(b) An applicant to drive a motor vehicle described in section 15-925 does not need to possess or obtain a commercial driver license. This subdivision applies only if a commercial driver license is not required by state or federal law to operate the vehicle based on the vehicle's gross vehicle weight rating or occupancy.
D. Each person who applies for a school bus driver certificate shall have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1 and shall submit an identity verified fingerprint card as described in section 15-106 that the department of public safety shall use to process the fingerprint clearance card as outlined in section 15-106.
E. A person who is issued a school bus driver certificate shall maintain a valid identity verified fingerprint clearance card for the duration of any school bus driver certification period.
F. The department of public safety shall suspend a school bus driver certificate if the fingerprint clearance card is invalid, suspended, canceled or revoked.
G. The department of public safety shall issue a school bus driver certificate to an applicant who meets the requirements of this section. The certificate is valid if the applicant maintains the minimum standards established by this section.
H. The department of public safety may cancel the certificate if the person's license to drive is suspended, canceled, revoked or disqualified. The department of public safety shall cancel the certificate if the person fails to maintain the minimum standards established pursuant to this section. A person whose application for a certificate is refused or whose certificate is canceled for failure to meet or maintain the minimum standards may request and receive a hearing from the department of public safety.
I. The department of public safety shall enforce the rules adopted pursuant to this section.
Sec. 11. Repeal
Title 32, chapter 5, Arizona Revised Statutes, is repealed.
Sec. 12. Section 32-2231, Arizona Revised Statutes, is amended to read:
32-2231. Acts constituting the practice of veterinary medicine; exceptions; definitions
A. A person shall be regarded as practicing veterinary medicine, surgery and dentistry within the meaning of this chapter who, within this state:
1. By advertisement, or by any notice, sign or other indication, or by a statement written, printed or oral, in public or in private, made, done or procured by the person or any other at the person's request claims, announces, makes known or pretends ability or willingness to diagnose any animal condition, disease, deformity, defect, wound or injury or to perform any type of surgical procedure on animals.
2. Advertises or makes known or claims ability and willingness to perform the following for hire, fee, compensation or reward that is directly or indirectly promised, offered, expected, received or accepted:
(a) Prescribe or administer any drug, medicine, treatment, method or practice for any animal.
(b) Perform any operation or manipulation on or apply any apparatus or appliance to any animal.
(c) Give any instruction or demonstration for the cure, amelioration, correction or reduction or modification of any animal condition, disease, deformity, defect, wound or injury.
3. Diagnoses or prognosticates any animal condition, disease, deformity, defect, wound or injury for hire, fee, reward or compensation that is directly or indirectly promised, offered, expected, received or accepted.
4. Prescribes or administers any drug, medicine, treatment, method or practice, performs any operation or manipulation, or applies any apparatus or appliance for the cure, amelioration, correction or modification of any animal condition, disease, deformity, defect, wound or injury for hire, fee, compensation or reward that is directly or indirectly promised, offered, expected, received or accepted.
B. This section does not apply to:
1. Duly authorized representatives of the United States department of agriculture in the discharge of any duty authorized by the director in charge of the animal disease eradication division.
2. A certified veterinary technician performing a task or function authorized by the rules of the board in the employ of and under the direction, supervision and control of a licensed veterinarian or a licensed veterinary faculty member.
3. An equine dental practitioner if all of the following apply:
(a) The equine dental practitioner is certified by the international association of equine dentistry or the academy of equine dentistry.
(b) The equine dental practitioner performs any of the following procedures under the general supervision of a licensed veterinarian:
(i) The application of any apparatus used to work on the oral cavity.
(ii) The examination of dental conditions.
(iii) The removal of overgrowth from the teeth of horses and the removal of sharp enamel points from the teeth of horses, excluding any extractions unless the certified equine dental practitioner is under the direct supervision of a licensed veterinarian.
(iv) Any treatment of the oral cavity as authorized by the animal's owner, excluding any extractions unless the certified equine dental practitioner is under the direct supervision of a licensed veterinarian.
(c) The equine dental practitioner provides both of the following to the board:
(i) Proof of current certification from the international association of equine dentistry or the academy of equine dentistry.
(ii) A written statement signed by the supervising veterinarian that the certified equine dental practitioner will be under the general or direct supervision of the licensed veterinarian when performing the procedures prescribed by this paragraph.
(d) Both the supervising veterinarian and the certified equine dental practitioner maintain dental charts for procedures done pursuant to this paragraph.
4. A veterinary student who performs acts of health care or prescribed veterinary procedures as a part of the student's educational experience if both of the following apply:
(a) The acts are assigned by a licensed veterinarian or a licensed veterinary faculty member who is responsible for the animal's care.
(b) The student works under the direct supervision of a licensed veterinarian or a licensed veterinary faculty member.
5. An acupuncturist who is treating an animal pursuant to section 32-3928 and who is in compliance with all of the following:
(a) Is nationally certified by the American board of animal acupuncture or the national certification commission for acupuncture and oriental medicine to treat animals.
(b) Provides proof of current certification in animal acupuncture to the acupuncture board of examiners.
(c) (b) Has received a referral for acupuncture treatment from a licensed veterinarian who has diagnosed the animal.
(d) (c) Maintains records on every animal and provides the records to the treating veterinarian on request.
(e) (d) Maintains adequate insurance to specifically cover any injuries to the animal, the animal's owner or staff members working on the animal.
(f) (e) If the acupuncturist is not providing the treatment in a licensed veterinary premises that is operated by a licensed veterinarian, complies with all of the following:
(i) The animal is not treated in the same area as human patients.
(ii) The premises has secured areas to contain animals safely during any treatment.
(iii) The staff is trained to properly hold any animal being treated.
(iv) Protocols are in place to handle emergency situations that may arise with the animal that is being treated.
(v) Sanitation protocols are in place to ensure human and animal safety.
(vi) Any rules adopted by the acupuncture board of examiners.
(g) (f) Assesses and treats the animal consistent with the licensed acupuncturist's training and, on request, communicates the findings, treatment and results to the treating licensed veterinarian in a timely manner. On request, the treating licensed veterinarian shall provide the treating acupuncturist with all medical information that may assist in the treatment of the animal.
(h) (g) Is solely liable for the acupuncture treatment provided to the animal that is also under the care of a licensed veterinarian.
6. A rabies vaccinator who is certified pursuant to section 32-2240.02.
C. Notwithstanding subsection B, paragraph 3 of this section, only a licensed veterinarian and not an equine dental practitioner may prescribe or administer, or both prescribe and administer, any drug or medicine.
D. For the purposes of this section:
1. "Direct supervision" means a licensed veterinarian must authorize and be physically present for the procedure.
2. "General supervision" means a licensed veterinarian must be available for consultation by telephone or other form of immediate communication.
Sec. 13. Section 32-2901, Arizona Revised Statutes, is amended to read:
32-2901. Definitions
In this chapter, unless the context otherwise requires:
1. "Acupuncture" means a medical therapy in which ailments are diagnosed and treated by the specific application of needles, heat or physical and electromagnetic impulses or currents to specific anatomic points on the body through any of the following:
(a) Diagnosing and treating ailments according to the systematic principles of traditional Asian medicine.
(b) Diagnosing and treating pain, neuromuscular disorders and other ailments based on the body's biophysics and neuroanatomic structure.
(c) Using devices to determine the biologic electrical response pattern of acupuncture points as a guide to diagnose bodily ailments and to guide the prescription of homeopathic substances, orthomolecular therapy or pharmaceutical medicine.
2. "Adequate records" means legible medical records that contain at a minimum sufficient information to identify the patient, support the diagnosis, document the treatment, accurately describe the results, indicate advice, cautionary warnings and informed consent discussions with the patient and provide sufficient information for another licensed health care practitioner to assume continuity of the patient's care and to continue or modify the treatment plan.
3. "Approved internship" means that the applicant has completed training in a hospital that was approved for internship, fellowship or residency training by the council on medical education in hospitals of the American medical association, the association of American medical colleges, the royal college of physicians and surgeons of Canada, the American osteopathic association or any board-approved similar body in the United States or Canada that approves hospitals for internship, fellowship or residency training.
4. "Approved school of medicine":
(a) As it relates to a person who is seeking licensure pursuant to section 32-2912, subsection A, means a school or college that offers a course of study that on successful conclusion results in a degree of doctor of medicine or doctor of osteopathic medicine and that offers a course of study that is approved or accredited by the association of American medical colleges, the association of Canadian medical colleges, the American medical association, the American osteopathic association or any board-approved similar body in the United States or Canada that accredits this course of study.
(b) As it relates to a person who is seeking licensure pursuant to section 32-2912, subsection B, means a school or college that on successful completion results in a degree of doctor of homeopathy and that is approved or accredited by the accreditation commission for homeopathic education in North America or any board-approved similar body that accredits this course of study.
5. "Approved training program", for a person who is seeking licensure pursuant to section 32-2912, subsection B, means a program that requires the person to both:
(a) Successfully complete one of the following:
(i) A program that would qualify an applicant to become certified or licensed to practice pursuant to chapter 8, 14, or 19 or 39 of this title.
(ii) Training and testing by the United States armed forces at a level comparable to the national standards for emergency medical care technicians.
(iii) A program that is approved or accredited by the accreditation commission for homeopathic education in North America, or its successor organization, or any similar board-approved body that accredits this course of study.
(b) Meet one of the following:
(i) Hold, or pass the examination to hold, a certification from the council for homeopathic certification or its successor as designated by the board.
(ii) Complete a program that is approved by the board and that is designed to prepare the person for the practice of homeopathic medicine.
6. "Board" means the board of homeopathic and integrated medicine examiners.
7. "Chelation therapy" means an experimental medical therapy to restore cellular homeostasis through the use of intravenous, metal-binding and bioinorganic agents such as ethylene diamine tetraacetic acid. Chelation therapy is not an experimental therapy if it is used to treat heavy metal poisoning.
8. "Controlled substance" means a drug or substance or a drug's or substance's immediate precursor that is defined or listed in title 36, chapter 27, article 2 or the rules adopted pursuant to title 36, chapter 27, article 2.
9. "Drug" means a medication or substance that is any of the following:
(a) Recognized in the official compendia or for which standards or specifications are prescribed in the official compendia.
(b) Intended for use in diagnosing, curing, mitigating, treating or preventing human diseases.
(c) Articles other than food that are intended to affect the structure or function of the human body.
10. "Homeopathic medication" means a substance of animal, vegetable or mineral origin that is prepared according to homeopathic pharmacology and that is given usually in a homeopathic microdosage.
11. "Homeopathic microdosage" means a substance prepared so that it is diluted from ten to the minus one to ten to the minus ten-thousandth or higher of its original concentration.
12. "Homeopathy" means a system of medicine that employs homeopathic medication in accordance with the principle that a substance that produces symptoms in a healthy person can cure those symptoms in an ill person.
13. "Immediate family" means a person's spouse, natural or adopted children, parents and siblings and the natural or adopted children, parents and siblings of the person's spouse.
14. "Letter of concern" means an advisory letter to notify a licensee that, while there is insufficient evidence to support disciplinary action, the board believes the licensee should modify or eliminate certain practices.
15. "Licensee" means a person who is licensed pursuant to this chapter.
16. "Medical assistant" means an unlicensed person who has completed an educational program approved by the board, who assists in a homeopathic practice under the supervision of a doctor of homeopathy or homeopathic physician and who performs delegated procedures commensurate with the assistant's education and training but who does not diagnose, interpret, design or modify established treatment programs or violate any statute.
17. "Medical incompetence" means the lack of sufficient medical knowledge or skill by a licensee to a degree that is likely to endanger a patient's health. Medical incompetence includes the range of knowledge expected for basic licensure pursuant to this chapter or as a medical or osteopathic physician in any professional regulatory jurisdiction of the United States and additional knowledge of homeopathic treatments and modalities expected of persons who are licensed pursuant to this chapter.
18. "Minor surgery":
(a) Means surgical procedures that are conducted by a licensee who is licensed pursuant to section 32-2912, subsection A in an outpatient setting and that involve the removal or repair of lesions or injuries to the skin, mucous membranes and subcutaneous tissues, the use of topical, local or regional anesthetic agents, the treatment by stabilizing or casting nondisplaced and uncomplicated fractures of the extremities and diagnostic endoscopies of the intestinal tract, nasopharynx and vagina.
(b) Includes diagnostic aspiration of joints and subcutaneous cysts, therapeutic injections of muscular trigger points, tendons, ligaments and scars and the subcutaneous implantation of medical therapeutic agents.
(c) Does not include the use of general, spinal or epidural anesthesia, the opening of body cavities, the repair of blood vessels and nerves or the biopsy by incision, excision or needle aspiration of internal organs, the breast or the prostate.
19. "Neuromuscular integration" means musculoskeletal therapy that uses any combination of manual methods, physical agents and physical medicine procedures and devices to improve physiological function by normalizing body structure.
20. "Nutrition" means the recommendation by a licensee of therapeutic or preventative dietary measures, food factor concentrates, fasting and cleansing regimens and the rebalancing by a licensee of digestive system function to correct diseases of malnutrition, to resolve conditions of metabolic imbalance and to support optimal vitality.
21. "Orthomolecular therapy" means therapy to provide the optimum concentration of substances normally present in the human body such as vitamins, minerals, amino acids and enzymes. Orthomolecular therapy includes the diagnosis of ailments or physiologic stresses that occur as a result of genetic or environmental influences as well as acquired or inherited allergy and hypersensitivity responses.
22. "Pharmaceutical medicine" means a drug therapy that uses prescription-only and nonprescription pharmaceutical agents as well as medicinal agents of botanical, biological or mineral origin and that is based on current scientific indications or traditional or historical usage indications.
23. "Practice of homeopathic medicine",
(a) For the purposes of a person who is licensed pursuant to section 32-2912, subsection A, means the practice of medicine in which the person purports to diagnose, treat or correct actual or imagined human diseases, injuries, ailments, infirmities and deformities of a physical or mental origin using treatment modalities that include acupuncture, chelation therapy, homeopathy, minor surgery, neuromuscular integration, nutrition, orthomolecular therapy and pharmaceutical medicine.
(b) For the purposes of a person who is licensed pursuant to section 32-2912, subsection B, means the practice of medicine in which the person purports to diagnose, treat or correct actual or imagined human diseases, injuries, ailments, infirmities and deformities of a physical or mental origin by means of homeopathy or nutrition.
24. "Preceptorship" means an extended period of individual study with one or more experienced homeopathic physicians or institutions.
25. "Prescription-only drug" does not include a controlled substance but does include:
(a) A drug that is generally regarded by medical experts to be unsafe if its use and dosage are not supervised by a medical practitioner.
(b) A drug that is approved for use under the supervision of a medical practitioner pursuant to the federal new drug application law or section 32-1962.
(c) A potentially harmful drug if its labeling does not contain full directions for its use by the patient.
(d) A drug that is required by federal law to bear on its label the following words: "Caution: Federal law prohibits dispensing without prescription."
26. "Professional negligence" means any of the following:
(a) That a licensee administers treatment to a patient in a manner that is contrary to accepted practices and that harms the patient if it can be shown to the board's satisfaction that accepted practices are inherently less hazardous.
(b) That a licensee commits an act of unprofessional conduct or displays an unreasonable lack of professional skill or fidelity.
(c) That a licensee's negligence, carelessness or disregard of established principles or practice results in a patient's injury, unnecessary suffering or death.
27. "Special purpose licensing examination" means an examination developed by the national board of medical examiners on behalf of the federation of state medical boards for use by state licensing boards to test the basic medical competence of physicians who are applying for licensure and who have been in practice in another jurisdiction of the United States and to determine the competence of a physician under investigation by a state licensing board.
Sec. 14. Section 32-2904, Arizona Revised Statutes, is amended to read:
32-2904. Powers and duties
A. The board shall:
1. Conduct all examinations for applicants for a license under this chapter, issue licenses, conduct hearings, regulate the conduct of licensees and administer and enforce this chapter.
2. Enforce the standards of practice prescribed by this chapter and board rules.
3. Collect and account for all fees under this chapter and deposit, pursuant to sections 35-146 and 35-147, the monies in the appropriate fund.
4. Maintain a record of its acts and proceedings, including the refusal to issue a license or the issuance, renewal, suspension or revocation of licenses to practice according to this chapter.
5. Maintain a roster of all persons who are licensed pursuant to this chapter that includes:
(a) The licensee's name.
(b) The current professional office address.
(c) The date and number of the license issued under this chapter.
(d) Whether the licensee is in good standing.
6. Adopt and use a seal, the imprint of which is evidence of the board's official acts.
7. Contract with the department of administration for administrative and recordkeeping services.
8. Charge additional fees that do not exceed the cost of the services for services the board deems necessary to carry out its intent and purposes.
9. Adopt rules regarding the regulation and the qualifications of medical assistants.
10. Keep board records open to public inspection during normal business hours.
11. Meet each January with the acupuncture board of examiners to set financial compensation for staff and operating expense sharing.
B. The board may:
1. Adopt rules necessary or proper to administer this chapter.
2. Subject to title 41, chapter 4, article 4, hire personnel to carry out the purposes of this chapter.
3. Hire investigators subject to title 41, chapter 4, article 4 or contract with investigators to assist in investigating violations of this chapter and contract with other state agencies if required to carry out this chapter.
4. Appoint one of its members to the jurisdiction arbitration panel pursuant to section 32-2907, subsection B.
5. Subject to title 41, chapter 4, article 4, employ consultants to perform duties the board determines are necessary to implement this chapter.
6. Compile and publish an annual directory.
7. Adopt rules to establish competency or professional review standards for any minor surgical procedure.
8. Appoint two or more board members to a subcommittee that reviews and approves applications and issues permits pertaining to homeopathic medical assistants and associated practical educational programs, pursuant to board rules.
9. Appoint two or more board members to a subcommittee that reviews and approves applications and issues permits pertaining to drugs and device dispensing practices, pursuant to board rules.
Sec. 15. Section 32-2905, Arizona Revised Statutes, is amended to read:
32-2905. Executive director; personnel; duties; compensation
A. The executive director of the acupuncture board of examiners shall serve as the executive director of the board of homeopathic and integrated medicine examiners. The staff of the acupuncture board of examiners shall carry out the administrative responsibilities of the board of homeopathic and integrated medicine examiners.
a. Subject to title 41, chapter 4, article 4, the board may appoint an executive director who serves at the pleasure of the board. The executive director may not be a board member.
B. The executive director is eligible to receive compensation set by the board within the range determined pursuant to section 38-611.
B. c. The executive director shall:
1. Collect all monies due and payable to the board.
2. Deposit, pursuant to sections 35-146 and 35-147, all monies received by the board in the appropriate fund.
3. Prepare bills for authorized expenditures of the board and obtain warrants from the department of administration.
4. Act as custodian of the seal, books, records, minutes and proceedings of the board.
5. Perform all duties prescribed by the board.
6. Perform all administrative duties of the board.
7. Subject to title 41, chapter 4, article 4, employ personnel necessary to carry out board functions.
Sec. 16. Section 32-2932, Arizona Revised Statutes, is amended to read:
32-2932. Use of title or abbreviation by licensees
A. A person who is licensed pursuant to section 32-2912, subsection A may use the designation and sign the licensee's name, wherever required, in any capacity, as "homeopathic doctor", or "homeopathic physician". If the licensee is a graduate of a board-approved allopathic school of medicine, the licensee may also use the designation "medical doctor (homeopathic)". If the licensee is a graduate of a board-approved osteopathic school of medicine, the licensee may also use the designation "doctor of osteopathic medicine (homeopathic)".
B. A person who is licensed pursuant to section 32-2912, subsection B may use the designation "homeopathic practitioner", "doctor of homeopathy" or "homeopathic doctor". A person may use the designation "homeopathic doctor" or "doctor of homeopathy" only if the person holds a doctorate and is licensed pursuant to chapter 8, 14, or 19 or 39 of this title.
C. The board may adopt in rule abbreviations for the titles listed in subsections A and B of this section.
Sec. 17. Section 32-3021, Arizona Revised Statutes, is amended to read:
32-3021. Private vocational program license; qualifications; provision of information; exemptions
A. A person shall not operate a private vocational program unless the person holds a private vocational program license issued pursuant to this chapter. Each program offered by a private vocational program licensee shall be authorized on a private vocational program license. The board shall prescribe the manner in which the programs are identified on the license.
B. An applicant for a private vocational program license shall meet all of the following requirements:
1. Furnish a letter of credit, surety bond or cash deposit as provided in section 32-3023.
2. Make specific information concerning educational programs, including statements of purpose, objectives, course of study, policies, fees and other pertinent information, available to prospective students and the general public.
3. Be financially responsible and have management capability.
4. Maintain a qualified faculty.
5. Maintain facilities, equipment and materials that are appropriate for the stated program. All facilities shall meet applicable state and local health and safety laws.
6. Maintain appropriate records as the board prescribes that are properly safeguarded and preserved.
7. Use only advertisements that are consistent with the information made available as provided in paragraph 2 of this subsection.
8. Provide courses of instruction that meet stated objectives.
9. Provide a grievance procedure for students.
10. Comply with all federal and state laws relating to the operation of a private postsecondary educational institution.
11. Other requirements the board deems necessary.
C. An applicant for a private vocational program license shall submit evidence of meeting the requirements prescribed in subsection B of this section to the board. The board shall verify the evidence submitted. Verification shall include on-site verification.
D. The filing of an application grants the board the authority to obtain information from any of the following:
1. A licensing board or agency in any state, district, territory or county of the United States or any foreign country.
2. The Arizona criminal justice information system as defined in section 41-1750.
3. The federal bureau of investigation.
E. The board, on application, may issue a private vocational program license to a new educational institution as provided in this section, except that the board shall establish separate minimum standards for licensure requirements of new educational institutions. These minimum standards may include the modification of licensure requirements as provided in subsection B, paragraphs 3, 5, 6, 7 and 8 of this section to meet the circumstances of new educational institutions. The board, on application, may issue a private vocational program license to an educational institution that is otherwise exempt under subsection F of this section. The board shall monitor the new educational institution to ensure compliance with the licensure requirements. The board shall issue a private vocational program license as provided in this subsection one time only to new educational institutions.
F. This section does not apply to any of the following:
1. A school licensed pursuant to chapter 5 of this title.
2. 1. An instructional program or course sponsored by a bona fide trade association solely for its members.
3. 2. Privately owned academic schools engaged in the process of general education that is designed to produce a level of development equivalent to that necessary to meet the requirements for entrance into a public community college or public university in this state and that may incidentally offer technical and vocational courses as part of the curriculum.
4. 3. Schools or private instruction conducted by any person engaged in training, tutoring or teaching individuals or groups, if the instruction is related to hobbies, avocations, academic improvement or recreation and may only incidentally lead to gainful employment.
5. 4. Schools conducted by any person solely for training the person's own employees.
6. 5. An instructional program or course offered solely for employees and for the purpose of improving the employees in their employment if both of the following apply:
(a) The employee is not charged a fee.
(b) The employer provides or funds the program or course pursuant to a valid written contract between the employer and a program or course provider.
7. 6. Training conducted pursuant to 14 Code of Federal Regulations part 141.
8. 7. A school that solely provides an instructional program for certified nursing assistants and licensed nursing assistants and that is licensed by the nursing board pursuant to section 32-1606, subsection B, paragraph 11.
9. 8. A professional driving training school licensed by the department of transportation pursuant to chapter 23, articles 1, 2 and 3 of this title.
10. 9. A training program approved by the board of examiners of nursing care institution administrators and assisted living facility managers that solely provides training for managers and caregivers of assisted living facilities.
11. 10. A yoga teacher training course or program or a yoga instructional course or program.
12. 11. A private instructional program or course that is less than forty contact hours in length and that charges a fee of less than $1,000. For the purposes of this paragraph, "contact hour" means a fifty-minute session of scheduled in-class or online instruction.
Sec. 18. Section 32-3101, Arizona Revised Statutes, is amended to read:
32-3101. Definitions
In this chapter, unless the context otherwise requires:
1. "Certification" means a voluntary process by which a regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by that regulatory entity and who may assume or use the word "certified" in a title or designation to perform prescribed health professional tasks.
2. "Grandfather clause" means a provision that is applicable to practitioners who are actively engaged in the regulated health profession before the effective date of a law and that exempts the practitioners from meeting the prerequisite qualifications set forth in the law to perform prescribed occupational tasks.
3. "Health professional group" means any health professional group or organization, any individual or any other interested party that proposes that any health professional group that is not presently regulated be regulated.
4. "Health professions" means professions that are regulated pursuant to chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 28, 29, 33, 34, 35, 39 or 41 of this title, title 36, chapter 6, article 7 or title 36, chapter 17.
5. "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the practitioners' occupation is being carried out in a fashion consistent with the public health, safety and welfare.
6. "Licensure" or "license" means an individual, nontransferable authorization to carry on a health activity that would otherwise be unlawful in this state in the absence of the permission and that is based on qualifications that include graduation from an accredited or approved program and acceptable performance on a qualifying examination or a series of examinations.
7. "Practitioner" means an individual who has achieved knowledge and skill by practice and who is actively engaged in a specified health profession.
8. "Public member" means an individual who is not and never has been a member or the spouse of a member of the health profession being regulated and who does not have and never has had a material financial interest in either rendering the health professional service being regulated or an activity directly related to the profession being regulated.
9. "Registration" means the formal notification that, before rendering services, a practitioner must submit to a state agency setting forth the name and address of the practitioner, the location, nature and operation of the health activity to be practiced and, if required by a regulatory entity, a description of the service to be provided.
10. "Regulatory entity" means any board, commission, agency or department of this state that regulates one or more health professions in this state.
11. "State agency" means any department, board, commission or agency of this state.
Sec. 19. Section 32-3201, Arizona Revised Statutes, is amended to read:
32-3201. Definitions
In this chapter, unless the context otherwise requires:
2. 1. "Health professional" means a person who is certified or licensed pursuant to chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 28, 29, 33, 34, 35, 39, 41 or 42 of this title, title 36, chapter 4, article 6, title 36, chapter 6, article 7 or title 36, chapter 17.
1. 2. "Health profession regulatory board" means any board that regulates one or more health professionals in this state.
3. "Medical record records" has the same meaning prescribed in section 12-2291 but does not include prescription orders.
Sec. 20. Section 32-3218, Arizona Revised Statutes, is amended to read:
32-3218. Health profession regulatory boards; members; training; definitions
A. Beginning January 1, 2015, Each member of a health profession regulatory board shall complete a twelve-hour training within one year after the member's initial appointment to the board. Any member of a health profession regulatory board whose initial appointment was before January 1, 2015 has until January 1, 2016 to complete the training required by this subsection. The training must include the subjects of governance and administrative management, disciplinary procedures, conduct of quasi-judicial proceedings, administrative procedure and rule adoption and licensure as they apply to the health profession regulatory board. Any training completed by a current board member on and after January 1, 2014 on the topics specified in this subsection may count toward the requirements of this subsection.
B. The training of board members required by this section may be provided by the staff of any health profession regulatory board, the office of the attorney general, the department of administration, the auditor general or an outside educational institution or any other provider that is approved by the health profession regulatory board on which the member is serving.
C. Any board action taken by a health profession regulatory board is not subject to challenge or invalidation because a board member has not completed the training required by this section.
D. For the purposes of this section:
2. 1. "Health professional" means a person who is certified or licensed pursuant to chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 28, 29, 34, 35, 39, 41 or 42 of this title.
1. 2. "Health profession regulatory board" means any board that regulates one or more health professional professionals in this state.
Sec. 21. Section 32-3231, Arizona Revised Statutes, is amended to read:
32-3231. Definitions
In this article, unless the context otherwise requires:
1. "Administer" means the direct application of or dispensing or furnishing a prescription medication or a prescription-only device, whether by injection or any other means, to the body of a patient by a health professional or by the health professional's authorized agent at the direction of the health professional.
2. "Aesthetician" has the same meaning prescribed in section 32-501.
3. 2. "Cosmetic purpose" means for the purpose of beautifying, preserving or conferring comeliness, excluding therapeutic massage and manipulations.
4. 3. "Department" means the department of health services.
5. 4. "Directly supervised" means a health professional who is licensed in this state and whose scope of practice allows the supervision supervises the use of a laser or IPL device for cosmetic purposes while the health professional is present at the facility where and when the device is being used.
6. 5. "Indirect supervision" means supervision by a health professional who is licensed in this state, whose scope of practice allows the supervision and who is readily accessible by telecommunication.
7. 6. "IPL device" has the same meaning prescribed in section 32-516 means an intense pulse light class II surgical device certified in accordance with the standards of the department for cosmetic procedures.
8. 7. "Laser" has the same meaning prescribed in section 32-516 means any device that can produce or amplify electromagnetic radiation with wavelengths in the range of one hundred eighty nanometers to one millimeter primarily by the process of controlled stimulated emission and certified in accordance with the standards for the department for cosmetic procedures.
9. 8. "Laser technician" means a person who is or has been certified by the department pursuant to its rules and this article.
10. 9. "Registrant" means a person or entity that owns or operates a laser or IPL device for which the application for registration is on file with the department and that is in compliance with department rules.
Sec. 22. Repeal
Title 32, chapter 39, Arizona Revised Statutes, is repealed.
Sec. 23. Section 36-3601, Arizona Revised Statutes, is amended to read:
36-3601. Definitions
For the purposes of this chapter:
1. "Health care decision maker" has the same meaning prescribed in section 12-2801.
2. "Health care provider":
(a) Means a person licensed pursuant to title 32, chapter 7, 8, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 25, 28, 29, 33, 34, 35, 39, 41 or 42, or chapter 4, article 6 of this title, chapter 6, article 7 of this title or chapter 17 of this title.
(b) Includes:
(i) A health care institution licensed pursuant to chapter 4 of this title.
(ii) A person who holds a training permit pursuant to title 32, chapter 13 or 17.
3. "Health care provider regulatory board or agency" means a board or agency that regulates one or more health care provider professions in this state.
4. "Telehealth" means:
(a) The interactive use of audio, video or other electronic media, including asynchronous store-and-forward technologies and remote patient monitoring technologies, for the practice of health care, assessment, diagnosis, consultation or treatment and the transfer of medical data.
(b) Includes the use of an audio-only telephone encounter between the patient or client and health care provider if an audio-visual telehealth encounter is not reasonably available due to the patient's functional status, the patient's lack of technology or telecommunications infrastructure limits, as determined by the health care provider.
(c) Does not include the use of a fax machine, instant messages, voice mail or email.
Sec. 24. Section 41-619.51, Arizona Revised Statutes, is amended to read:
41-619.51. 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 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) (mm) Section 32-4222.
(pp) (nn) Section 32-4128.
(qq) (oo) Section 36-113.
(rr) (pp) Section 36-207.
(ss) (qq) Section 36-411.
(tt) (rr) Section 36-425.03.
(uu) (ss) Section 36-446.04.
(vv) (tt) Section 36-594.01.
(ww) (uu) Section 36-594.02.
(xx) (vv) Section 36-766.01.
(yy) (ww) Section 36-882.
(zz) (xx) Section 36-883.02.
(aaa) (yy) Section 36-897.01.
(bbb) (zz) Section 36-897.03.
(ccc) (aaa) Section 36-3008.
(ddd) (bbb) Section 41-619.53.
(eee) (ccc) Section 41-1964.
(fff) (ddd) Section 41-1967.01.
(ggg) (eee) Section 41-1968.
(hhh) (fff) Section 41-1969.
(iii) (ggg) Section 41-2814.
(jjj) (hhh) Section 41-4025.
(kkk) (iii) Section 46-141, subsection A or B.
(lll) (jjj) Section 46-321.
Sec. 25. Repeal
Title 41, chapter 5, article 6, Arizona Revised Statutes, is repealed.
Sec. 26. Section 41-1092, Arizona Revised Statutes, is amended to read:
41-1092. 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.
(c) (b) The board of behavioral health examiners.
(d) (c) The Arizona state boxing and mixed martial arts commission.
(e) (d) The state board of chiropractic examiners.
(f) (e) The state board of dental examiners.
(g) (f) The Arizona game and fish commission.
(h) (g) The board of homeopathic and integrated medicine examiners.
(i) (h) The Arizona medical board.
(j) (i) The naturopathic physicians medical board.
(k) (j) The Arizona state board of nursing.
(l) (k) The board of examiners of nursing care institution administrators and assisted living facility managers.
(m) (l) The board of occupational therapy examiners.
(n) (m) The state board of dispensing opticians.
(o) (n) The state board of optometry.
(p) (o) The Arizona board of osteopathic examiners in medicine and surgery.
(q) (p) The Arizona peace officer standards and training board.
(r) (q) The Arizona state board of pharmacy.
(s) (r) The board of physical therapy.
(t) (s) The state board of podiatry examiners.
(u) (t) The state board for private postsecondary education.
(v) (u) The state board of psychologist examiners.
(w) (v) The board of respiratory care examiners.
(x) (w) The state board of technical registration.
(y) (x) The Arizona state veterinary medical examining board.
(z) The acupuncture board of examiners.
(aa) (y) The Arizona regulatory board of physician assistants.
(bb) (z) The board of athletic training.
(cc) (aa) The board of massage therapy.
Sec. 27. Section 41-1234, Arizona Revised Statutes, is amended to read:
41-1234. Publicly funded contract lobbyists; prohibition
A. Notwithstanding any other law, a state agency, office, department, board or commission or the arizona supreme court or the administrative office of the courts and any person acting on behalf of a state agency, office, department, board or commission or the arizona supreme court or the administrative office of the courts shall not:
1. Enter into a contract or other agreement with a person or entity for lobbying services.
2. Spend monies for any person or entity to lobby on behalf of the arizona supreme court or the administrative office of the courts or that agency, office, department, board or commission unless that person is a state employee.
B. This section does not apply to any state agency, office, department, board or commission that is either:
1. Headed by one or more elected officials.
2. Exempt from title 41, chapter 23 of this title for the purposes of contracts for professional lobbyists.
C. This section does not apply to the employment relationship of a lobbyist who is a state employee directly employed by a state governmental unit for whom the employee acts as a lobbyist or lobbying is part of the employee's job description.
D. For the purposes of this section, "state employee" has the same meaning prescribed in section Section 41-1234, Arizona Revised Statutes, is amended to read:
41-1234. Publicly funded contract lobbyists; prohibition
A. Notwithstanding any other law, a state agency, office, department, board or commission [or the arizona supreme court or the administrative office of the courts] and any person acting on behalf of a state agency, office, department, board or commission [or the arizona supreme court or the administrative office of the courts] shall not:
1. Enter into a contract or other agreement with a person or entity for lobbying services.
2. Spend monies for any person or entity to lobby on behalf of [the arizona supreme court or the administrative office of the courts or] that agency, office, department, board or commission unless that person is a state employee.
B. This section does not apply to any state agency, office, department, board or commission that is either:
1. Headed by one or more elected officials.
2. Exempt from [title 41,] chapter 23 [of this title] for the purposes of contracts for professional lobbyists.
C. This section does not apply to the employment relationship of a lobbyist who is a state employee directly employed by a state governmental unit for whom the employee acts as a lobbyist or lobbying is part of the employee's job description.
[D. For the purposes of this section, "state employee" has the same meaning prescribed in section 41-1231.
or the arizona supreme court or the administrative office of the courts or the arizona supreme court or the administrative office of the courts the arizona supreme court or the administrative office of the courts or of this title
Sec. 28. Section 41-1758, Arizona Revised Statutes, is amended to read:
41-1758. 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, the board of massage therapy 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) (ll) Section 32-4128.
(oo) (mm) Section 32-4222.
(pp) (nn) Section 36-113.
(qq) (oo) Section 36-207.
(rr) (pp) Section 36-411.
(ss) (qq) Section 36-425.03.
(tt) (rr) Section 36-446.04.
(uu) (ss) Section 36-594.01.
(vv) (tt) Section 36-594.02.
(ww) (uu) Section 36-766.01.
(xx) (vv) Section 36-882.
(yy) (ww) Section 36-883.02.
(zz) (xx) Section 36-897.01.
(aaa) (yy) Section 36-897.03.
(bbb) (zz) Section 36-3008.
(ccc) (aaa) Section 41-619.52.
(ddd) (bbb) Section 41-619.53.
(eee) (ccc) Section 41-1964.
(fff) (ddd) Section 41-1967.01.
(ggg) (eee) Section 41-1968.
(hhh) (fff) Section 41-1969.
(iii) (ggg) Section 41-2814.
(jjj) (hhh) Section 41-4025.
(kkk) (iii) Section 46-141, subsection A or B.
(lll) (jjj) Section 46-321.
6. "Rap back services" has the same meaning prescribed in section 41-1750.
7. "Vulnerable adult" has the same meaning prescribed in section 13-3623.
Sec. 29. Section 41-1758.01, Arizona Revised Statutes, is amended to read:
41-1758.01. Fingerprinting division; powers and duties
A. The fingerprinting division is established in the department of public safety and shall:
1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 3-314, 8-105, 8-322, 8-463, 8-509, 8-802, 15-183, 15-503, 15-512, 15-534, 15-763.01, 15-782.02, 15-1330, 15-1881, 17-215, 28-3228, 28-3413, 32-122.02, 32-122.05, 32-122.06, 32-823, 32-1232, 32-1276.01, 32-1284, 32-1297.01, 32-1904, 32-1941, 32-1982, 32-2022, 32-2063, 32-2108.01, 32-2123, 32-2371, 32-3430, 32-3620, 32-3668, 32-3669, 32-3922, 32-3924, 32-4128, 32-4222, 36-113, 36-207, 36-411, 36-425.03, 36-446.04, 36-594.01, 36-594.02, 36-766.01, 36-882, 36-883.02, 36-897.01, 36-897.03, 36-3008, 41-619.52, 41-619.53, 41-1964, 41-1967.01, 41-1968, 41-1969, 41-2814, and 41-4025, section 46-141, subsection A or B and section 46-321.
2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card.
3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41-619.53 and deposit, pursuant to sections 35-146 and 35-147, the monies collected in the board of fingerprinting fund.
4. Inform in writing each person who submits fingerprints for a fingerprint background check of the right to petition the board of fingerprinting for a good cause exception pursuant to section 41-1758.03, 41-1758.04 or 41-1758.07.
5. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, inform the person in writing that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.
6. Notify the person in writing if the division suspends, revokes or places a driving restriction notation on a fingerprint clearance card pursuant to section 41-1758.04. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction notation was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.
7. Administer and enforce this article.
B. The fingerprinting division may contract for electronic or internet-based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15-106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with:
1. All information privacy and security measures and submission standards established by the department of public safety.
2. The information technology security policy approved by the department of public safety.
Sec. 30. Repeal
Section 41-2304, Arizona Revised Statutes, is repealed.
Sec. 31. Section 41-2706, Arizona Revised Statutes, is amended to read:
41-2706. Applicability of chapter
A. This chapter applies to the solicitation of grants initiated after August 6, 1999.
B. This chapter does not apply to:
1. Any grant program that was exempt from chapter 23, article 3 of this title and for which administrative rules establishing grant solicitation procedures were adopted pursuant to chapter 6 of this title before August 6, 1999.
2. The Arizona board of regents and schools, colleges, institutions and universities under its control if the Arizona board of regents adopts rules or policies governing the award of grants that encourage as much competition as practicable.
3. Grants made by the cotton research and protection council for research programs related to cotton production or protection.
4. Grants made by the Arizona iceberg lettuce research council for research programs under section 3-526.02, subsection C, paragraph 3 or 5.
5. 4. Grants made by the Arizona citrus research council for research programs under section 3-468.02, subsection C, paragraph 3 or 5.
6. 5. Grants made by the Arizona grain research and promotion council for research projects and programs under section 3-584, subsection C, paragraph 5.
7. 6. Grants made under section 3-268, subsection C.
8. 7. Grants made by the Arizona commerce authority from the Arizona competes fund pursuant to chapter 10, article 5 of this title. With respect to other grants, the authority shall adopt policies, procedures and practices, in consultation with the department of administration, that are similar to and based on the policies and procedures prescribed by this chapter for the purpose of increased public confidence, fair and equitable treatment of all persons engaged in the process and fostering broad competition while accomplishing flexibility to achieve the authority's statutory requirements. The authority shall make its policies, procedures and practices available to the public.
9. 8. Grants of less than five thousand dollars $5,000 from the veterans' donations fund if the department of veterans' services adopts rules or policies governing these grants that encourage as much competition as practicable.
Sec. 32. Repeal
Sections 41-3026.06, 41-3030.10, 41-3030.25 and 43-619, Arizona Revised Statutes, are repealed.
Sec. 33. Section 44-6852, Arizona Revised Statutes, is amended to read:
44-6852. Dishonored checks; service fee
Notwithstanding any other law and except as provided in section 32-507, the holder, payee or assignee of the holder or payee of a dishonored check, draft, order or note may charge and collect from the maker or drawer a service fee of not more than $25 plus any actual charges assessed by the financial institution of the holder, payee or assignee of the holder or payee as a result of the dishonored instrument.
Sec. 34. Short title
This act may be cited as the "Abolition of Functionally Unnecessary Excessive Regulators Act".