Assigned to HHS FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR H.B. 2173
mental health inquiry; prohibition
Purpose
Prohibits a health profession regulatory board or licensing authority from asking on an
application for a license, permit, certificate, endorsement or registration whether an applicant has
received mental health assistance, diagnosis or treatment.
Background
To practice or perform a regulated occupation or profession or use certain occupational or
professional titles in Arizona, a person must meet certain qualifications and apply to the designated
regulatory entity for the license, certificate or authorization. The initial application and renewal
processes, including initial and renewal licensing or certification fees, vary across professions and
occupations.
A health profession regulatory board is any board that regulates one or more health
professionals in Arizona. The primary purpose of a health profession regulatory board is to protect
the public from unlawful, incompetent, unqualified, impaired or unprofessional conduct by
practitioners of certain health occupations and professionals. In order for an individual to practice
or perform a regulated health occupation or profession or use certain occupational or professional
titles in Arizona, a person must meet certain qualifications and apply to the designated health board
for the license, certificate or authorization (A.R.S. Title 32 and Title 36).
Statute authorizes each health profession regulatory board to establish a non-disciplinary
confidential program for the monitoring of a licensee or certificate holder who has been reported
to or who voluntarily reports to the applicable regulatory board and who may be chemically
dependent, have a substance misuse history or have a medical, psychiatric, psychological or
behavioral health disorder that may impact the person's ability to safely practice or perform health
care tasks. This program may include education, intervention, therapeutic treatment and
posttreatment monitoring and support and is governed by a nondisciplinary confidential stipulated
agreement between the licensee and the health profession regulatory board (A.R.S. ยง 32-3223).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits a health profession regulatory board or licensing authority from including any
question on an application for a license, permit, certificate, endorsement or registration that
requests information on whether an applicant has received mental health assistance, diagnosis
or treatment. FACT SHEET
H.B. 2173
Page 2
2. Allows a health profession regulatory board or licensing authority to ask if an applicant is being
monitored for a health condition, including substance abuse, under order of another state's
regulatory entity.
3. Allows an applicant to not respond to a question about monitoring if the monitoring is part of
a confidential program.
4. Applies the mental health information request restriction to health professionals regulated by
the Department of Health Services.
5. Defines a licensing authority as any agency, department, board, or commission of Arizona that
issues a license, permit, certificate or registration to an individual who provides a service to
any person, excluding the Board of Certified Reporters and health profession regulatory
boards.
6. Becomes effective on the general effective date.
House Action
HHS 2/13/25 DP 11-1-0-0
3
rd
Read 2/26/25 34-25-1
Prepared by Senate Research
March 10, 2025
MM/AO/slp