House Engrossed mental health inquiry; prohibition State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HOUSE BILL 2173 AN ACT Amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding section 32-3223.01; Amending title 32, Chapter 48, Arizona Revised Statutes, by adding article 2; relating to professions and occupations. (TEXT OF BILL BEGINS ON NEXT PAGE) House Engrossed mental health inquiry; prohibition State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HOUSE BILL 2173 House Engrossed mental health inquiry; prohibition State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HOUSE BILL 2173 AN ACT Amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding section 32-3223.01; Amending title 32, Chapter 48, Arizona Revised Statutes, by adding article 2; relating to professions and occupations. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona: Section 1. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3223.01, to read: START_STATUTE32-3223.01. Health profession regulatory board; mental health inquiry; prohibition; definition A. A health profession regulatory board may not include any question on an application for a license, permit, certificate or endorsement that requests information about whether the applicant has sought mental health assistance or received a mental health diagnosis or treatment. The health profession regulatory board may ask if the applicant is currently under a regulatory entity's order in another state for the monitoring of a health condition, including substance abuse. The applicant is not required to respond if the monitoring is part of a confidential program. B. For the purposes of this section, "health profession regulatory board" includes the department of health services relating to health professionals who are regulated by the department. END_STATUTE Sec. 2. Title 32, chapter 48, Arizona Revised Statutes, is amended by adding article 2, to read: ARTICLE 2. NONHEALTH PROFESSIONS AND OCCUPATIONS REGULATORY BOARDS START_STATUTE32-4821. Licensing authorities; mental health inquiry; prohibition; definition A. A Licensing authority may not include any question on an application for a license, permit, certificate or registration that requests information about WHETHER the applicant has sought mental health assistance or received a mental health diagnosis or treatment. The licensing authority may ask if the applicant is currently under a regulatory entity's order in another state for the monitoring of a health condition, including substance abuse. The applicant is not required to respond if the monitoring is part of a confidential program. b. For the purposes of this SECTION, "licensing authority" MEANS any agency, department, board or commission of this state that issues a license, permit, certificate or registration pursuant to this title to an individual who provides a service to any person. Licensing authority does not mean: 1. an entity that issues LICENSES PURSUANT to chapter 40 of this title. 2. a health profession regulatory board as defined in section 32-3201. END_STATUTE Be it enacted by the Legislature of the State of Arizona: Section 1. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3223.01, to read: START_STATUTE32-3223.01. Health profession regulatory board; mental health inquiry; prohibition; definition A. A health profession regulatory board may not include any question on an application for a license, permit, certificate or endorsement that requests information about whether the applicant has sought mental health assistance or received a mental health diagnosis or treatment. The health profession regulatory board may ask if the applicant is currently under a regulatory entity's order in another state for the monitoring of a health condition, including substance abuse. The applicant is not required to respond if the monitoring is part of a confidential program. B. For the purposes of this section, "health profession regulatory board" includes the department of health services relating to health professionals who are regulated by the department. END_STATUTE Sec. 2. Title 32, chapter 48, Arizona Revised Statutes, is amended by adding article 2, to read: ARTICLE 2. NONHEALTH PROFESSIONS AND OCCUPATIONS REGULATORY BOARDS START_STATUTE32-4821. Licensing authorities; mental health inquiry; prohibition; definition A. A Licensing authority may not include any question on an application for a license, permit, certificate or registration that requests information about WHETHER the applicant has sought mental health assistance or received a mental health diagnosis or treatment. The licensing authority may ask if the applicant is currently under a regulatory entity's order in another state for the monitoring of a health condition, including substance abuse. The applicant is not required to respond if the monitoring is part of a confidential program. b. For the purposes of this SECTION, "licensing authority" MEANS any agency, department, board or commission of this state that issues a license, permit, certificate or registration pursuant to this title to an individual who provides a service to any person. Licensing authority does not mean: 1. an entity that issues LICENSES PURSUANT to chapter 40 of this title. 2. a health profession regulatory board as defined in section 32-3201. END_STATUTE