House Engrossed mental health inquiry; prohibition State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 CHAPTER 25 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
CHAPTER 25
HOUSE BILL 2173
House Engrossed
mental health inquiry; prohibition
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
CHAPTER 25
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
APPROVED BY THE GOVERNOR MARCH 31, 2025. FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 31, 2025.
APPROVED BY THE GOVERNOR MARCH 31, 2025.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 31, 2025.