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| 57 | 66 | | An Act |
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| 61 | 70 | | Amending sections 32-900, 32-902, 32-904, 32-921 and 32-922, Arizona Revised Statutes; repealing section 32-922.01, Arizona Revised Statutes; amending sections 32-922.02, 32-922.03, 32-923, 32-924, 32-926, 32-929, 32-931, 32-933, 41-619.51, 41-1758 and 41-1758.01, Arizona Revised Statutes; relating to the state board of chiropractic examiners. |
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| 67 | 76 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 71 | 80 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 32-900, Arizona Revised Statutes, is amended to read: START_STATUTE32-900. Definitions In this chapter, unless the context otherwise requires: 1. "Advisory letter" means a nondisciplinary letter to notify a licensee or registrant that either: (a) While there is insufficient evidence to support disciplinary action, the board believes that continuation of the activities that led to the investigation may result in further board action against the licensee. (b) The violation is a minor or technical violation that is not of sufficient merit to warrant disciplinary action. (c) The violation is a minor or technical violation, and while the licensee has demonstrated substantial compliance through rehabilitation or remediation that has mitigated the need for disciplinary action, the board believes that repetition of the activities that led to the investigation may result in further board action against the licensee. 2. "Board" means the state board of chiropractic examiners. 3. "Business entity" means a business organization that has an ownership interest that includes persons who are not licensed or certified to provide chiropractic services in this state, that offers to the public professional services that are regulated by the board and that is established pursuant to the laws of any state in the United States or a foreign country. 3. 4. "Certification" means that a doctor of chiropractic has been certified by the board in a specialty of chiropractic as provided by law. 4. 5. "Chiropractic assistant" means an unlicensed a person who is registered pursuant to this chapter, who has completed an educational training program approved by the board, who assists in basic health care duties in the practice of chiropractic under the supervision of a doctor of chiropractic and who performs delegated duties commensurate with the chiropractic assistant's education and training but who does not evaluate, interpret, design or modify established treatment programs of chiropractic care or violate any statute. 5. 6. "Doctor of chiropractic", "chiropractor" or "chiropractic physician" means a natural person who holds a license to practice chiropractic pursuant to this chapter. 6. 7. "License" means a license to practice chiropractic. 7. 8. "Physical medicine modalities" means any physical agent applied to produce therapeutic change to biologic tissues, including thermal, acoustic, noninvasive light, mechanical or electric energy, hot or cold packs, ultrasound, galvanism, microwave, diathermy and electrical stimulation. 9. "Registrant" means either a chiropractic assistant or a business entity. 10. "Supervision" means the oversight provided by a chiropractor over the clinical services performed by a chiropractic assistant or extern that requires the chiropractor to be on the premises at all times and readily available to instruct the chiropractic assistant or extern THROUGHOUT the PERFORMANCE of the clinical services. 8. 11. "Therapeutic procedures" means the application of clinical skills and services, including therapeutic exercise, therapeutic activities, manual therapy techniques, massage and structural supports, to improve a patient's neuromusculoskeletal condition. END_STATUTE Sec. 2. Section 32-902, Arizona Revised Statutes, is amended to read: START_STATUTE32-902. Organization; meetings A. The board shall annually elect from its membership a chairman and vice-chairman vice chairman. B. The board shall hold regular meetings at such places as it determines in January and July of each year, and may hold other meetings at times and places determined by a majority of the board. The board shall notify the public of such dates, time and place of meetings at least twenty-four hours prior to before any meeting as provided by law. Meetings of the board shall be open to the public as provided by law. C. A majority of the members of the board shall constitute a quorum and a majority vote of a quorum present at any meeting shall govern all actions taken by the board, except that licenses shall be issued pursuant to this chapter only upon the vote of a majority of the full board. END_STATUTE Sec. 3. Section 32-904, Arizona Revised Statutes, is amended to read: START_STATUTE32-904. Powers and duties of the board; rules A. The board may administer oaths, summon witnesses and take testimony on matters within its the board's powers and duties. B. The board shall: 1. Adopt a seal, which shall be affixed to licenses issued by the board. 2. Adopt rules that are necessary and proper for the enforcement of this chapter. 3. Adopt rules regarding chiropractic assistants who assist a doctor of chiropractic, and the board shall determine the qualifications and regulation of chiropractic assistants who are not otherwise licensed by law. 4. Adopt by rule fees for applications, licensure, registration, license and registration renewal, reinstatement and specialty certification. At least once each fiscal year and before establishing the amount of a fee for the subsequent fiscal year, the board shall review the amount of each fee authorized in this chapter in a public hearing. 5. Enter into contracts and other agreements for services necessary for adequate enforcement of this chapter. C. A copy of the rules adopted pursuant to this section shall be filed with the secretary of state upon on adoption as provided by law. END_STATUTE Sec. 4. Section 32-921, Arizona Revised Statutes, is amended to read: START_STATUTE32-921. Application for license; qualifications of applicant; fingerprint clearance card A. A person who wishes to practice chiropractic in this state shall submit a complete application to the board at least forty-five days before the next scheduled examinations on a form and in the manner prescribed by the board. B. To be eligible for an examination and licensure, the applicant shall: 1. Be a graduate of a chiropractic college that both: (a) is accredited by or has status with the council on chiropractic education or is accredited by an accrediting agency recognized by the United States department of education or the council on postsecondary higher education accreditation. (b) Teaches a resident course of four years of not less than nine months each year, or the equivalent of thirty-six months of continuous study, and that comprises not less than four thousand credit hours of resident study required to receive a degree of doctor of chiropractic (D.C.). 2. Be physically and mentally able to practice chiropractic skillfully and safely. 3. Have a certificate of attainment for part I and part II and a score of three hundred seventy-five or more on part III or IV of the examination conducted by the national board of chiropractic examiners. 4. Successfully pass the jurisprudence examination that tests the applicant's knowledge of the board's statutes and rules with a score of at least seventy-five percent. C. The board may refuse to give an examination or may deny licensure to an applicant who: 1. Fails to qualify for an examination or licensure under subsection B of this section. 2. Has had a license to practice chiropractic refused, revoked, suspended or restricted by a regulatory board in this or any other jurisdiction for any act that constitutes unprofessional conduct pursuant to this chapter. 3. Is currently under investigation by a regulatory board in this or any other jurisdiction for an act that constitutes unprofessional conduct pursuant to this chapter. 4. Has surrendered a license to practice chiropractic in lieu of disciplinary action by a regulatory board in this or any other jurisdiction for an act that constitutes unprofessional conduct pursuant to this chapter. 5. Has engaged in any conduct that constitutes grounds for disciplinary action pursuant to section 32-924 or board rules. D. On applying, the applicant shall pay to the executive director of the board a nonrefundable fee of not more than $325 as established by the board in rule. The board shall keep a register of all applicants and the result of each examination. E. Through December 31, 2025, in order to determine an applicant's eligibility for examination and licensure, the board may require the applicant to submit a full set of fingerprints to the board. The board shall submit the fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The board shall charge each applicant a fee that is necessary to cover the cost of the investigation. The board shall forward this fee to the department of public safety. F. Beginning January 1, 2026, an applicant for an initial license, license renewal or reinstatement of a license pursuant to this chapter shall obtain a valid fingerprint clearance card issued pursuant to section 41-1758.03. END_STATUTE Sec. 5. Section 32-922, Arizona Revised Statutes, is amended to read: START_STATUTE32-922. Licensure; applicant requirements A. The examination for a license to practice chiropractic required of applicants shall be conducted at a time and place designated by the board at least semiannually. Each applicant to be examined shall first file a completed application found to be true and correct and shall be given at least twenty days' written notice of the time and place of the examination. B. The examination shall be in English, practical in character and designed to include subjects that are necessary to ascertain the applicant's knowledge of and fitness to practice chiropractic safely and skillfully as authorized in this state. Examinations shall include material relating to chiropractors and Arizona jurisprudence and the following subjects as taught by accredited chiropractic colleges: 1. Anatomy. 2. Physiology. 3. Pathology. 4. Bacteriology. 5. Symptomatology. 6. Diagnosis, including physical, clinical, x-ray and laboratory subjects. 7. Chiropractic orthopedics. 8. Principles of chiropractic and adjusting. 9. Neurology. 10. Chemistry, including biochemistry and nutrition. 11. Public health and hygiene. 12. Chiropractic spinal analysis. C. The board may waive examination in those subjects that the applicant passed previously with the percentage of correct answers prescribed in subsection D of this section in an examination conducted by the national board of chiropractic examiners. D. A. The board shall grant a license to an applicant who meets all of the following requirements: 1. Correctly answers at least seventy-five percent of all questions asked on the subjects identified in subsection B of this section or attains a board approved passing score on all questions asked on the subjects identified in subsection B of this section in an examination administered by a board approved testing facility. 1. Has a certificate of attainment for part I and part II and a score of at least three hundred seventy-five on part III or part IV of the examination conducted by the national board of chiropractic examiners. 2. Correctly answers at least seventy-five percent of the questions on jurisprudence. 3. Meets all other licensing requirements of this chapter. 4. Pays the original license fee of not more than one hundred twenty-five dollars as established by the board in rule. E. An applicant who fails the examination for the first time may retake the examination within one year if the applicant submits an updated application that meets the requirements of section 32-921. F. B. An applicant shall reapply for licensure if the applicant does not pay the original license fee within one year after having been notified by the board that the applicant is eligible to receive a license. END_STATUTE Sec. 6. Repeal Section 32-922.01, Arizona Revised Statutes, is repealed. Sec. 7. Section 32-922.02, Arizona Revised Statutes, is amended to read: START_STATUTE32-922.02. Specialties; certification A. In order to practice a chiropractic specialty a licensee shall be certified in that specialty by the board. B. An applicant who wishes to be certified to perform acupuncture shall submit the following to the board: 1. Documentation of successful completion of a minimum of one hundred hours of study in acupuncture at an accredited chiropractic college or postgraduate study with an instructor on the active or postgraduate staff of an accredited chiropractic college. 2. A complete application as prescribed by the board. 3. Documentation of having passed a board-approved acupuncture examination. C. An applicant who wishes to be certified to perform physical medicine modalities and therapeutic procedures shall submit the following to the board: 1. A complete application as prescribed by the board. 2. Documentation of successful completion of a minimum of one hundred twenty hours of study in physical medicine modalities and therapeutic procedures at an accredited chiropractic college or postgraduate study with an instructor on the active or postgraduate staff of an accredited chiropractic college. 3. Documentation of having passed an examination in physical medicine modalities and therapeutic procedures that is approved by the board. D. The board shall issue a certificate to any applicant who meets the requirements of this section, who correctly answers at least seventy-five percent of all questions asked on the specialty examination and who pays a certificate fee of not more than one hundred twenty-five dollars as established by the board in rule. E. On making application applying, the applicant shall pay to the executive director of the board a nonrefundable fee of not more than one hundred twenty-five dollars as established by the board in rule. The board shall keep a register of all applicants and the result of each examination. F. A chiropractor who is certified to perform physiotherapy before July 29, 2010 is deemed to be certified in physical medicine modalities and therapeutic procedures.END_STATUTE Sec. 8. Section 32-922.03, Arizona Revised Statutes, is amended to read: START_STATUTE32-922.03. Licensure by endorsement; requirements A. The board may issue a license to practice chiropractic pursuant to this chapter by endorsement to an applicant who meets all of the following requirements: 1. Has actively practiced chiropractic in another state or jurisdiction for at least five of the immediately preceding seven years. 2. Has not had an adverse disciplinary action taken against a professional license issued by another state or jurisdiction. 3. Receives a grade of at least seventy-five percent on the Arizona jurisprudence examination. 4. On making application applying, pays to the executive director of the board a nonrefundable fee of not more than five hundred dollars as established by the board in rule. 5. Pays the original license fee as prescribed by section 32-922. B. The applicant shall present proof satisfactory to the board that: 1. A professional license of the applicant issued by any other state or jurisdiction has not been sanctioned for any cause that may be a basis of a sanction imposed by the board pursuant to this chapter, except for failure to pay fees. 2. The applicant has not previously failed to pass the examination in this state. 3. The applicant qualifies for licensure as prescribed in section 32-921, except that the applicant is not required to submit proof of obtaining a passing score on part III or IV of the examination conducted by the national board of chiropractic examiners. C. An applicant under this section is not required to pay the fee prescribed in section 32-921, subsection D.END_STATUTE Sec. 9. Section 32-923, Arizona Revised Statutes, is amended to read: START_STATUTE32-923. Change of address; annual renewal fee; failure to renew; waivers; definition A. Every Each person who is licensed pursuant to this chapter shall notify the board in writing of any change in residence or office address and telephone number within thirty days after that change. The board shall impose a penalty of $50 on a licensee who does not notify the board as required by this subsection. B. Except as provided in section 32-4301, every Each person who is licensed to practice chiropractic in this state shall annually make a renewal application to the board before the last day of the licensee's birth month after original issuance of a license and shall pay a renewal license fee of not more than $225 as established by the board. The renewal application shall be made on a form and in a manner prescribed by the board. At least thirty days before the renewal application and renewal fee are due, the board shall send by first class mail a renewal application and notice requiring license renewal and payment of the renewal fee. C. The board shall administratively suspend a license automatically if the licensee does not submit a complete application for renewal and pay the renewal license fee as required by this section. D. The board may reinstate a license if the person completes an application for reinstatement as prescribed by the board, complies with the continuing education requirements for each year that the license was suspended, pays the annual renewal license fee for each year that the license was suspended and pays an additional fee of $200. An applicant who does not request reinstatement within two years after the date of suspension shall apply for a license as a new candidate pursuant to section 32-921 or 32-922.01. E. The board may waive the annual renewal license fee if a licensee presents evidence satisfactory to the board that the licensee has permanently retired from the practice of chiropractic and has paid all fees required by this chapter before the waiver. F. During the period of waiver the retired licensee shall not engage in the practice of chiropractic. A violation of this subsection subjects the retired licensee to the same penalties as are imposed in this chapter on a person who practices chiropractic without a license. G. The board may reinstate a retired licensee to active practice on payment of the annual renewal license fee and presentation of evidence satisfactory to the board that the retired licensee is professionally able to engage in the practice of chiropractic and still possesses the professional knowledge required. After a hearing, the board may refuse to reinstate a retired licensee to active practice under this subsection on any of the grounds prescribed in section 32-924. H. For the purposes of this section, "administratively suspend" means a nondisciplinary action that is imposed for failure to renew a license and that requires the licensee to suspend practice until renewal requirements are met. END_STATUTE Sec. 10. Section 32-924, Arizona Revised Statutes, is amended to read: START_STATUTE32-924. Grounds for disciplinary action; hearing; civil penalty; definitions A. The following are grounds for disciplinary action of any licensee or registrant, regardless of where they occur: 1. Employment of Employing fraud or deception in securing a license. 2. Practicing chiropractic under a false or assumed name. 3. Impersonating another practitioner. 4. Habitual use of alcohol, narcotics or stimulants to the extent of incapacitating the licensee for the performance of professional duties. 4. Using a controlled substance as defined in section 36-2501, a narcotic drug, a dangerous drug or marijuana as defined in section 13-3401, or a hypnotic drug, including acetylurea derivatives, barbituric acid derivatives, chloral, paraldehyde, phenlyhydantoin derivatives, sulfonmethane derivatives or any compounds, mixtures or preparations that may be used on producing hypnotic effects, or alcohol to the extent that it affects the ability of the doctor of chiropractic to practice chiropractic. 5. Committing unprofessional or dishonorable conduct of a character likely to deceive or defraud the public or tending to discredit the profession. 6. Conviction Being convicted of a misdemeanor involving moral turpitude or of a felony. 7. Committing gross malpractice, repeated malpractice or any malpractice resulting in the death of a patient. 8. Representing that a manifestly incurable condition can be permanently cured, or that a curable condition can be cured within a stated time, if this is not true. 9. Offering, undertaking or agreeing to cure or treat a condition by a secret means, method, device or instrumentality. 10. Refusing to divulge to the board on demand the means, method, device or instrumentality used in the treatment of a condition. 11. Giving or receiving or aiding or abetting, either directly or indirectly, the giving or receiving of kickbacks, rebates, either directly or indirectly bonuses or other remuneration for a referral. 12. Acting or assuming to act as a member of the board if this is not true. 13. Advertising in a false, deceptive or misleading manner. 14. Having had a license refused, revoked or suspended by any other state or country, unless it can be shown that the action was not taken for reasons that relate to the ability to safely and skillfully practice chiropractic or to any act of unprofessional conduct. 15. Committing any conduct or practice contrary to recognized standards in chiropractic or any conduct or practice that constitutes a danger to the health, welfare or safety of the patient or the public or any conduct, practice or condition that impairs the ability of the licensee to safely and skillfully practice chiropractic. 16. Engaging in incompetent or negligent practice, including providing substandard, inadequate care or improper treatment or performing services that do not support the clinical needs of the patient. 16. 17. Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any of the provisions provision of this chapter, or any rule adopted pursuant to this chapter, any lawful board order or any formal order, consent agreement, term of probation or stipulated agreement issued under this chapter. 17. 18. Failing to sign the physician's name, wherever required, in any capacity as "chiropractic doctor", "chiropractic physician" or "doctor of chiropractic" or failing to use and affix the initials "D.C." after the physician's name. 18. Failing to place or cause to be placed the word or words "chiropractic", "chiropractor", "chiropractic doctor" or "chiropractic physician" in any sign or advertising media. 19. Using physical medicine modalities and therapeutic procedures without passing an examination in that subject and without being certified in that specialty by the board. 20. Using acupuncture without passing an examination in that subject and without being certified in that specialty by the board. 21. Engaging in sexual intercourse or oral sexual contact with a patient in the course of treatment. 21. Engaging in sexual conduct with a current patient or with a former patient within six months after the last chiropractic treatment unless the patient was the licensee's spouse at the time of the contact or, immediately preceding the chiropractic physician-patient relationship, was in a dating or engagement relationship with the licensee. For the purposes of this paragraph, "sexual conduct" includes: (a) Engaging in or soliciting a sexual relationship, whether consensual or nonconsensual. (b) Making sexual advances, requesting sexual favors or engaging in any other verbal conduct or physical conduct of a sexual nature. (c) Intentionally viewing a completely or partially disrobed patient in the course of treatment if the viewing is not related to treatment under current practice standards. 22. Sexually harassing a patient, former patient, research subject, supervisee or coworker. For the purposes of this paragraph, "sexually harassing" includes sexual solicitation, requests for sexual favors, unwelcome comments or gestures, or any other verbal or physical conduct of a sexual nature. 22. 23. Billing or otherwise charging a patient or third-party payor for services, appliances, tests, equipment, an x-ray examination or other procedures not actually provided. 23. 24. Intentionally misrepresenting to or omitting a material fact from the patient or third-party payor concerning charges, services, appliances, tests, equipment, an x-ray examination or other procedures offered or provided. 25. Engaging in fraud, improper billing, submitting false health claims, providing or ordering unnecessary tests or services, falsifying reports or records, failing to maintain adequate or accurate records or failing to provide records. 24. 26. Advertising chiropractic services, appliances, tests, equipment, x-ray examinations or other procedures for a specified price without also specifying the services, procedures or items included in the advertised price. 25. 27. Advertising chiropractic services, appliances, tests, equipment, x-ray examinations or other procedures as free without also disclosing what services or items are included in the advertised service or item. 26. 28. Billing or charging a patient or third-party payor a higher price than the advertised price in effect at the time the services, appliances, tests, equipment, x-ray examinations or other procedures were provided. 27. 29. Advertising a specialty or procedure that requires a separate examination or certificate of specialty, unless the licensee has satisfied the applicable requirements of this chapter. 28. 30. Solicitation Soliciting by the licensee or by the licensee's compensated agent of any person who is not previously known by the licensee or the licensee's agent, and who at the time of the solicitation is vulnerable to undue influence, including any person known to have experienced any of the following within the last preceding fifteen days: (a) Involvement in a motor vehicle accident. (b) Involvement in a work-related accident. (c) Injury by, or as the result of actions of, another person. 31. Failing to report in writing to the board any evidence that a chiropractic physician is or may be guilty of unprofessional conduct, is or may be impaired by drugs or alcohol or is mentally or physically unable to safely engage in the permissible activities of a chiropractic physician. 32. Falsely reporting to the board that a chiropractic physician is or may be guilty of unprofessional conduct, is or may be impaired by drugs or alcohol or is mentally or physically unable to safely engage in the permissible activities of a chiropractic physician. 33. Engaging in a policy or practice that interferes with the clinical judgment of a licensee providing chiropractic services for a business entity or compromising a licensee's ability to comply with this chapter. 34. Giving or receiving monies for referring patients to a company or another professional, dividing a professional fee or offering, providing or receiving any consideration for patient referral among or between health care providers or health care entities. This paragraph does not prohibit the division of fees among licensees who are engaged in a bona fide employment, partnership or corporate organization for the delivery of professional services. 35. REFERRING a patient based on whether the referring doctor of chiropractic has negotiated a discount for specialty services. a doctor of chiropractic may not accept: (a) Compensation of any kind from any source for referring patient other than distribution of a health care organization's revenues as allowed by law. (b) Compensation for services relating to the care of a patient for any health care facility or organization to which the chiropractic physician has referred the patient. (c) Compensation for referring a patient to a research study, except for remuneration for administrative costs. 36. Exploiting a patient for financial gain. 37. Harassing, exploiting or retaliating against a patient, former patient, research subject, supervisee, coworker, witness or complainant in a disciplinary proceeding involving a licensee or registrant. 38. Interfering in or subverting a board investigation. 39. Improperly managing patient health records. 40. Revealing a privileged communication or confidential information. 41. Failing to notify the board within ten days after having had a license refused, revoked or suspended by any other state or country unless the licensee can show that the action taken does not relate to the ability to safely and skillfully practice chiropractic or to any act of unprofessional conduct. B. The board on its own motion or on receipt of a complaint may investigate any information that appears to show that a doctor of chiropractic or a chiropractic assistant is or may be in violation of this chapter or board rules or is or may be mentally or physically unable to safely engage in the practice of chiropractic or assist a doctor of chiropractic. The board shall notify the licensee or registrant as to the content of the complaint as soon as is reasonable. Any person who reports or provides information to the board in good faith is not subject to civil damages as a result of that action. C. The board may require a licensee or registrant who is under investigation pursuant to this section to be interviewed by the board or its representatives. The board may require a licensee or registrant who is under investigation pursuant to this section to undergo, at the licensee's or registrant's expense, any combination of medical, physical or mental examinations that the board finds necessary to determine the licensee's or registrant's competence. D. If the board finds based on the information it receives under subsections B and C of this section that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, the board may order a summary suspension of a license or registration pending proceedings for revocation or other action. If the board takes this action, it the board shall also serve the licensee or registrant with a written notice that states the charges and that the licensee or registrant is entitled to a formal hearing within sixty days. E. If, after completing its investigation, the board finds that the information provided pursuant to this section is not of sufficient seriousness to merit disciplinary action against the licensee, it the board may take any of the following actions: 1. Dismiss the complaint if in the board's opinion the information is without merit or does not warrant sanction of the licensee or registrant. 2. Issue an advisory letter. An advisory letter is a nondisciplinary action and is a public document. 3. Issue a nondisciplinary order requiring the licensee or registrant to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee or registrant with the necessary understanding of current developments, skills, procedures or treatment. Failure to complete a nondisciplinary order requiring continuing education is a violation of subsection A, paragraph 16 17 of this section. F. The board may request a formal interview with the licensee or registrant concerned. At a formal interview the board may receive and consider pertinent documents and sworn statements of persons who may be called as witnesses in a formal hearing. Legal counsel may be present and participate in the formal interview. If the licensee or registrant refuses the request or if the licensee or registrant accepts the request and the results of the interview indicate suspension or revocation of the license or registration may be in order, the board shall issue a complaint and order that a hearing be held pursuant to title 41, chapter 6, article 10. If, after the formal interview, the board finds that the information provided pursuant to this section is true but is not of sufficient seriousness to merit suspension or revocation of the license or registration, it the board may take any of the following actions: 1. Dismiss the complaint if in the board's opinion the information is without merit or does not warrant sanction of the licensee or registrant. 2. Issue an advisory letter. An advisory letter is a nondisciplinary action and is a public document. 3. Issue an order to cease and desist. 4. Issue a letter of concern. 5. Issue an order of censure. An order of censure is an official action against the licensee or registrant and may include a requirement for restitution of fees to a patient resulting from a violation of this chapter or board rules. 6. Fix a period and terms of probation best adapted to protect the public health and safety and to rehabilitate or educate the licensee or registrant. Any costs incidental to the terms of probation are at the licensee's or registrant's own expense. Probation may include restrictions on the licensee's or registrant's license to practice chiropractic. 7. Impose a civil penalty of not more than one thousand dollars $1,000 for each violation of this chapter. 8. Refuse to renew a license or registration. 9. Issue a disciplinary or nondisciplinary order requiring the licensee or registrant to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee or registrant with the necessary understanding of current developments, skills, procedures or treatment. G. If the board believes the charge is of such magnitude as to warrant suspension or revocation of the license or registration, the board shall immediately initiate formal revocation or suspension proceedings pursuant to title 41, chapter 6, article 10. The board shall notify a licensee or registrant of a complaint and hearing by certified mail addressed to the licensee's or registrant's last known address on record in the board's files. The notice of a complaint and hearing is effective on the date of its deposit in the mail. The board shall hold a formal hearing within one hundred eighty days after that date. H. If the licensee or registrant wishes to be present at the formal hearing in person or by representation, or both, the licensee or registrant shall file with the board a written answer to the charges in the complaint. A licensee or registrant who has been notified of a complaint pursuant to this section shall file with the board a written response not more than twenty days after service of the complaint and the notice of hearing. If the licensee or registrant fails to file an answer in writing, it is deemed an admission of the act or acts charged in the complaint and notice of hearing and the board may take disciplinary action pursuant to this chapter without a hearing. I. Any licensee or registrant who, after a hearing, is found to be in violation of this chapter or board rules or is found to be mentally or physically unable to safely engage in the practice of chiropractic or assist a doctor of chiropractic is subject to any combination of those disciplinary actions identified in subsection F of this section or suspension or revocation of the license or registration. In addition, the board may order the licensee or registrant to pay restitution or all costs incurred in the course of the investigation and formal hearing in the matter, or both. J. The board shall report allegations of evidence of criminal wrongdoing to the appropriate criminal justice agency. K. The board may accept the surrender of an active license or registration from a licensee or registrant who admits in writing to having violated this chapter or board rules. L. For the purposes of subsection A of this section, patient status is not dependent on billing or payment of fees for chiropractic services or the establishment of a doctor-patient relationship. L. M. For the purposes of this section: , 1. "Compensation" means something given or received as payment, including bartering, tips, monies, donations, goods or services. 2. "Solicitation" includes contact in person, by telephone, telegraph or telefacsimile or by other communication directed to a specific recipient and includes any written form of communication directed to a specific recipient. END_STATUTE Sec. 11. Section 32-926, Arizona Revised Statutes, is amended to read: START_STATUTE32-926. Practice of chiropractic without license prohibited; exemptions A. It is unlawful for a person to: 1. Practice chiropractic in this state without having first obtained a license as provided in this chapter. 2. Work as a chiropractic assistant except under the supervision of a doctor of chiropractic and pursuant to this chapter and rules adopted pursuant to this chapter. 3. Use the abbreviation "C.A." or the term "chiropractic assistant" unless the person is working under the supervision of a doctor of chiropractic pursuant to this chapter and rules adopted by the board. 4. Practice chiropractic in this state after the board places the person on retired status or inactive status pursuant to section 32-933. B. This chapter does not prevent: 1. A person who is licensed by another state, territory or district from meeting within this state in consultation with a person licensed pursuant to this chapter if that person does not open an office or appoint a place of meeting to receive patients in this state. 2. Any person from acting at the direction and under the supervision of a doctor of chiropractic licensed pursuant to this chapter if that person is acting in an assistant or technical capacity, is not in violation of this chapter and does not claim to be licensed to practice chiropractic. 3. Any chiropractic student from participating in a preceptorship training program approved by the board.END_STATUTE Sec. 12. Section 32-929, Arizona Revised Statutes, is amended to read: START_STATUTE32-929. Right to examine and copy evidence; summoning witnesses and documents; taking testimony; right to counsel; court orders; confidentiality A. In connection with an investigation by the board on its own motion, the board or its duly authorized agents or employees shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documents, reports, records or any other physical evidence of any person being investigated, or the reports, records and any other documents maintained by and in possession of any hospital, clinic, physician's office, laboratory, pharmacy, person who is authorized to transact disability insurance pursuant to title 20, chapter 6, article 4 or 5, or person who is issued a certificate of authority pursuant to title 20, chapter 4, article 9 or any other public or private agency, and any health care institution as defined in section 36-401 or other partnership, association or corporation that provides health care to consumers, if such documents, reports, records or evidence relate to chiropractic competence, unprofessional conduct or the mental or physical ability of a doctor of chiropractic to safely practice chiropractic. B. For the purpose of all investigations and proceedings conducted by the board: 1. The board on its own initiative, or upon on application of any person involved in the investigation, may issue subpoenas compelling the attendance and testimony of witnesses, or demanding the production for examination or copying of documents or any other physical evidence if such evidence relates to chiropractic competence, unprofessional conduct or the mental or physical ability of a doctor of chiropractic to safely practice chiropractic. Within five days after the service of a subpoena on any person requiring the production of any evidence in his the person's possession or under his the person's control, such person may petition the board to revoke, limit or modify the subpoena. The board shall revoke, limit or modify such subpoena if in its opinion the evidence required does not relate to unlawful practices covered by this chapter, is not relevant to the charge which that is the subject matter of the hearing or investigation or does not describe with sufficient particularity the physical evidence whose production is required. 2. Any person appearing before the board may be represented by counsel. 3. The superior court, upon on application by the board or by the person subpoenaed, shall have jurisdiction to issue an order either: (a) Requiring such person to appear before the board or the duly authorized agent to produce evidence relating to the matter under investigation. (b) Revoking, limiting or modifying the subpoena if in the court's opinion the evidence demanded does not relate to unlawful practices covered by this chapter, is not relevant to the grounds for censure, suspension, revocation, fines or refusal to issue a license pursuant to section 32-924 which is the subject matter of the hearing or investigation, or does not describe with sufficient particularity the evidence whose production is required. Any failure to obey such order of the court may be punished by such court as contempt. C. Patient records, including clinical records, medical reports, laboratory statements and reports, any file, film, any other report or oral statement relating to examinations, findings or treatment of patients, any information from which a patient or his the patient's family might be identified or information received and records kept by the board as a result of the investigation procedure outlined in this chapter are not available to the public. D. Nothing in This section or and any other provision of law making communications between a chiropractic physician and his the chiropractic physician's patient a privileged communication applies do not apply to investigations or proceedings conducted pursuant to this chapter. The board and its employees, agents and representatives shall keep in confidence the names of any patients whose records are reviewed during the course of investigations and proceedings pursuant to this chapter. END_STATUTE Sec. 13. Section 32-931, Arizona Revised Statutes, is amended to read: START_STATUTE32-931. Continuing education; requirements A. The board by rule may require each licensee to complete up to twelve thirty-two hours of continuing education each calendar year as a condition of licensure renewal in educational instruction approved by the board during the two-year licensure period immediately preceding renewal. B. Continuing education shall cover topics listed in section 32-922, subsection B and section 32-922.02 and shall be taught by a faculty member of a college or university that is accredited by or has status with the council on chiropractic education or is accredited by an accrediting agency recognized by the United States department of education or the council on postsecondary accreditation. Beginning July 1, 2012, the board shall adopt rules to prescribe the continuing education requirements. C. Compliance with this section shall be documented at the times and in the manner as prescribed by the board in rule. B. A licensee shall satisfy the continuing education requirements that are prescribed by the board in rule and that are a formal program of learning that will contribute directly to the professional competence of the licensee in the practice of chiropractic. Each course shall be on subjects of clinical benefit to the consumer of chiropractic services. The board shall adopt rules to prescribe the manner of documenting compliance with this subsection. D. C. Failure of a person holding a license to practice chiropractic to comply with this section without adequate cause being shown is grounds for probation or suspension of the person's license.END_STATUTE Sec. 14. Section 32-933, Arizona Revised Statutes, is amended to read: START_STATUTE32-933. Inactive license; restrictions; reinstatement to active license; definition A. On written request, the board shall place a licensee who is in good standing on inactive status. The request shall state that the licensee is not currently engaged in the practice of chiropractic in this state. B. If an inactive licensee applies to the board for reinstatement to active licensure within two years after the date the board issues a notice of inactive status, the inactive licensee shall submit the full annual license renewal fee and prove to the board's satisfaction that the licensee has met the continuing education requirements of section 32-931 and board rules relating to continuing education. C. In addition to meeting the requirements of subsection B of this section, a licensee who has been on inactive status and who has not been actively engaged in the practice of chiropractic for more than two years must pass the national board of chiropractic examiners spec examination before reinstatement being reinstated to active licensure. D. A licensee who is on inactive status shall meet all of the requirements of section 32-923. E. The practice of chiropractic in this state during any time that a license is on inactive status is grounds for sanction of the licensee. F. For the purposes of this section, "good standing" means that a licensee is not presently under investigation by the board or another jurisdiction and the board has not initiated any disciplinary proceeding against the licensee.END_STATUTE Sec. 15. Section 41-619.51, Arizona Revised Statutes, is amended to read: START_STATUTE41-619.51. 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 or the state board of chiropractic examiners. 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 32-921. (w) (x) Section 32-1232. (x) (y) Section 32-1276.01. (y) (z) Section 32-1284. (z) (aa) Section 32-1297.01. (aa) (bb) Section 32-1904. (bb) (cc) Section 32-1941. (cc) (dd) Section 32-1982. (dd) (ee) Section 32-2022. (ee) (ff) Section 32-2063. (ff) (gg) Section 32-2108.01. (gg) (hh) Section 32-2123. (hh) (ii) Section 32-2371. (ii) (jj) Section 32-3430. (jj) (kk) Section 32-3620. (kk) (ll) Section 32-3668. (ll) (mm) Section 32-3669. (mm) (nn) Section 32-3922. (nn) (oo) Section 32-3924. (pp) Section 32-4128. (oo) (qq) Section 32-4222. (qq) (rr) Section 36-113. (rr) (ss) Section 36-207. (ss) (tt) Section 36-411. (tt) (uu) Section 36-425.03. (uu) (vv) Section 36-446.04. (vv) (ww) Section 36-594.01. (ww) (xx) Section 36-594.02. (xx) (yy) Section 36-766.01. (yy) (zz) Section 36-882. (zz) (aaa) Section 36-883.02. (aaa) (bbb) Section 36-897.01. (bbb) (ccc) Section 36-897.03. (ccc) (ddd) Section 36-3008. (ddd) (eee) Section 41-619.53. (eee) (fff) Section 41-1964. (fff) (ggg) Section 41-1967.01. (ggg) (hhh) Section 41-1968. (hhh) (iii) Section 41-1969. (iii) (jjj) Section 41-2814. (jjj) (kkk) Section 41-4025. (kkk) (lll) Section 46-141, subsection A or B. (lll) (mmm) Section 46-321.END_STATUTE Sec. 16. Section 41-1758, Arizona Revised Statutes, is amended to read: START_STATUTE41-1758. 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 or the state board of chiropractic examiners. 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 32-921. (v) (w) Section 32-1232. (w) (x) Section 32-1276.01. (x) (y) Section 32-1284. (y) (z) Section 32-1297.01. (z) (aa) Section 32-1904. (aa) (bb) Section 32-1941. (bb) (cc) Section 32-1982. (cc) (dd) Section 32-2022. (dd) (ee) Section 32-2063. (ee) (ff) Section 32-2108.01. (ff) (gg) Section 32-2123. (gg) (hh) Section 32-2371. (hh) (ii) Section 32-3430. (ii) (jj) Section 32-3620. (jj) (kk) Section 32-3668. (kk) (ll) Section 32-3669. (ll) (mm) Section 32-3922. (mm) (nn) Section 32-3924. (nn) (oo) Section 32-4128. (oo) (pp) Section 32-4222. (pp) (qq) Section 36-113. (qq) (rr) Section 36-207. (rr) (ss) Section 36-411. (ss) (tt) Section 36-425.03. (tt) (uu) Section 36-446.04. (uu) (vv) Section 36-594.01. (vv) (ww) Section 36-594.02. (ww) (xx) Section 36-766.01. (xx) (yy) Section 36-882. (yy) (zz) Section 36-883.02. (zz) (aaa) Section 36-897.01. (aaa) (bbb) Section 36-897.03. (bbb) (ccc) Section 36-3008. (ccc) (ddd) Section 41-619.52. (ddd) (eee) Section 41-619.53. (eee) (fff) Section 41-1964. (fff) (ggg) Section 41-1967.01. (ggg) (hhh) Section 41-1968. (hhh) (iii) Section 41-1969. (iii) (jjj) Section 41-2814. (jjj) (kkk) Section 41-4025. (kkk) (lll) Section 46-141, subsection A or B. (lll) (mmm) 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. END_STATUTE Sec. 17. Section 41-1758.01, Arizona Revised Statutes, is amended to read: START_STATUTE41-1758.01. 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, 32-921, 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. END_STATUTE |
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| 72 | 81 | | |
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| 73 | 82 | | Be it enacted by the Legislature of the State of Arizona: |
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| 74 | 83 | | |
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| 75 | 84 | | Section 1. Section 32-900, Arizona Revised Statutes, is amended to read: |
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| 76 | 85 | | |
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| 77 | 86 | | START_STATUTE32-900. Definitions |
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| 78 | 87 | | |
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| 79 | 88 | | In this chapter, unless the context otherwise requires: |
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| 80 | 89 | | |
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| 81 | 90 | | 1. "Advisory letter" means a nondisciplinary letter to notify a licensee or registrant that either: |
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| 82 | 91 | | |
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| 83 | 92 | | (a) While there is insufficient evidence to support disciplinary action, the board believes that continuation of the activities that led to the investigation may result in further board action against the licensee. |
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| 84 | 93 | | |
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| 85 | 94 | | (b) The violation is a minor or technical violation that is not of sufficient merit to warrant disciplinary action. |
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| 86 | 95 | | |
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| 87 | 96 | | (c) The violation is a minor or technical violation, and while the licensee has demonstrated substantial compliance through rehabilitation or remediation that has mitigated the need for disciplinary action, the board believes that repetition of the activities that led to the investigation may result in further board action against the licensee. |
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| 88 | 97 | | |
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| 89 | 98 | | 2. "Board" means the state board of chiropractic examiners. |
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| 90 | 99 | | |
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| 91 | 100 | | 3. "Business entity" means a business organization that has an ownership interest that includes persons who are not licensed or certified to provide chiropractic services in this state, that offers to the public professional services that are regulated by the board and that is established pursuant to the laws of any state in the United States or a foreign country. |
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| 92 | 101 | | |
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| 93 | 102 | | 3. 4. "Certification" means that a doctor of chiropractic has been certified by the board in a specialty of chiropractic as provided by law. |
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| 94 | 103 | | |
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| 95 | 104 | | 4. 5. "Chiropractic assistant" means an unlicensed a person who is registered pursuant to this chapter, who has completed an educational training program approved by the board, who assists in basic health care duties in the practice of chiropractic under the supervision of a doctor of chiropractic and who performs delegated duties commensurate with the chiropractic assistant's education and training but who does not evaluate, interpret, design or modify established treatment programs of chiropractic care or violate any statute. |
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| 96 | 105 | | |
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| 97 | 106 | | 5. 6. "Doctor of chiropractic", "chiropractor" or "chiropractic physician" means a natural person who holds a license to practice chiropractic pursuant to this chapter. |
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| 98 | 107 | | |
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| 99 | 108 | | 6. 7. "License" means a license to practice chiropractic. |
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| 100 | 109 | | |
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| 101 | 110 | | 7. 8. "Physical medicine modalities" means any physical agent applied to produce therapeutic change to biologic tissues, including thermal, acoustic, noninvasive light, mechanical or electric energy, hot or cold packs, ultrasound, galvanism, microwave, diathermy and electrical stimulation. |
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| 102 | 111 | | |
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| 103 | 112 | | 9. "Registrant" means either a chiropractic assistant or a business entity. |
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| 104 | 113 | | |
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| 105 | 114 | | 10. "Supervision" means the oversight provided by a chiropractor over the clinical services performed by a chiropractic assistant or extern that requires the chiropractor to be on the premises at all times and readily available to instruct the chiropractic assistant or extern THROUGHOUT the PERFORMANCE of the clinical services. |
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| 106 | 115 | | |
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| 107 | 116 | | 8. 11. "Therapeutic procedures" means the application of clinical skills and services, including therapeutic exercise, therapeutic activities, manual therapy techniques, massage and structural supports, to improve a patient's neuromusculoskeletal condition. END_STATUTE |
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| 108 | 117 | | |
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| 109 | 118 | | Sec. 2. Section 32-902, Arizona Revised Statutes, is amended to read: |
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| 110 | 119 | | |
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| 111 | 120 | | START_STATUTE32-902. Organization; meetings |
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| 112 | 121 | | |
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| 113 | 122 | | A. The board shall annually elect from its membership a chairman and vice-chairman vice chairman. |
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| 114 | 123 | | |
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| 115 | 124 | | B. The board shall hold regular meetings at such places as it determines in January and July of each year, and may hold other meetings at times and places determined by a majority of the board. The board shall notify the public of such dates, time and place of meetings at least twenty-four hours prior to before any meeting as provided by law. Meetings of the board shall be open to the public as provided by law. |
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| 116 | 125 | | |
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| 117 | 126 | | C. A majority of the members of the board shall constitute a quorum and a majority vote of a quorum present at any meeting shall govern all actions taken by the board, except that licenses shall be issued pursuant to this chapter only upon the vote of a majority of the full board. END_STATUTE |
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| 118 | 127 | | |
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| 119 | 128 | | Sec. 3. Section 32-904, Arizona Revised Statutes, is amended to read: |
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| 120 | 129 | | |
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| 121 | 130 | | START_STATUTE32-904. Powers and duties of the board; rules |
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| 122 | 131 | | |
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| 123 | 132 | | A. The board may administer oaths, summon witnesses and take testimony on matters within its the board's powers and duties. |
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| 124 | 133 | | |
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| 125 | 134 | | B. The board shall: |
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| 126 | 135 | | |
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| 127 | 136 | | 1. Adopt a seal, which shall be affixed to licenses issued by the board. |
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| 128 | 137 | | |
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| 129 | 138 | | 2. Adopt rules that are necessary and proper for the enforcement of this chapter. |
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| 130 | 139 | | |
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| 131 | 140 | | 3. Adopt rules regarding chiropractic assistants who assist a doctor of chiropractic, and the board shall determine the qualifications and regulation of chiropractic assistants who are not otherwise licensed by law. |
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| 132 | 141 | | |
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| 133 | 142 | | 4. Adopt by rule fees for applications, licensure, registration, license and registration renewal, reinstatement and specialty certification. At least once each fiscal year and before establishing the amount of a fee for the subsequent fiscal year, the board shall review the amount of each fee authorized in this chapter in a public hearing. |
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| 134 | 143 | | |
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| 135 | 144 | | 5. Enter into contracts and other agreements for services necessary for adequate enforcement of this chapter. |
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| 136 | 145 | | |
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| 137 | 146 | | C. A copy of the rules adopted pursuant to this section shall be filed with the secretary of state upon on adoption as provided by law. END_STATUTE |
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| 138 | 147 | | |
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| 139 | 148 | | Sec. 4. Section 32-921, Arizona Revised Statutes, is amended to read: |
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| 140 | 149 | | |
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| 141 | 150 | | START_STATUTE32-921. Application for license; qualifications of applicant; fingerprint clearance card |
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| 142 | 151 | | |
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| 143 | 152 | | A. A person who wishes to practice chiropractic in this state shall submit a complete application to the board at least forty-five days before the next scheduled examinations on a form and in the manner prescribed by the board. |
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| 144 | 153 | | |
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| 145 | 154 | | B. To be eligible for an examination and licensure, the applicant shall: |
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| 146 | 155 | | |
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| 147 | 156 | | 1. Be a graduate of a chiropractic college that both: |
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| 148 | 157 | | |
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| 149 | 158 | | (a) is accredited by or has status with the council on chiropractic education or is accredited by an accrediting agency recognized by the United States department of education or the council on postsecondary higher education accreditation. |
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| 150 | 159 | | |
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| 151 | 160 | | (b) Teaches a resident course of four years of not less than nine months each year, or the equivalent of thirty-six months of continuous study, and that comprises not less than four thousand credit hours of resident study required to receive a degree of doctor of chiropractic (D.C.). |
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| 152 | 161 | | |
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| 153 | 162 | | 2. Be physically and mentally able to practice chiropractic skillfully and safely. |
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| 154 | 163 | | |
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| 155 | 164 | | 3. Have a certificate of attainment for part I and part II and a score of three hundred seventy-five or more on part III or IV of the examination conducted by the national board of chiropractic examiners. |
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| 156 | 165 | | |
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| 157 | 166 | | 4. Successfully pass the jurisprudence examination that tests the applicant's knowledge of the board's statutes and rules with a score of at least seventy-five percent. |
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| 158 | 167 | | |
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| 159 | 168 | | C. The board may refuse to give an examination or may deny licensure to an applicant who: |
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| 160 | 169 | | |
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| 161 | 170 | | 1. Fails to qualify for an examination or licensure under subsection B of this section. |
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| 162 | 171 | | |
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| 163 | 172 | | 2. Has had a license to practice chiropractic refused, revoked, suspended or restricted by a regulatory board in this or any other jurisdiction for any act that constitutes unprofessional conduct pursuant to this chapter. |
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| 164 | 173 | | |
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| 165 | 174 | | 3. Is currently under investigation by a regulatory board in this or any other jurisdiction for an act that constitutes unprofessional conduct pursuant to this chapter. |
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| 166 | 175 | | |
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| 167 | 176 | | 4. Has surrendered a license to practice chiropractic in lieu of disciplinary action by a regulatory board in this or any other jurisdiction for an act that constitutes unprofessional conduct pursuant to this chapter. |
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| 168 | 177 | | |
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| 169 | 178 | | 5. Has engaged in any conduct that constitutes grounds for disciplinary action pursuant to section 32-924 or board rules. |
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| 170 | 179 | | |
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| 171 | 180 | | D. On applying, the applicant shall pay to the executive director of the board a nonrefundable fee of not more than $325 as established by the board in rule. The board shall keep a register of all applicants and the result of each examination. |
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| 172 | 181 | | |
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| 173 | 182 | | E. Through December 31, 2025, in order to determine an applicant's eligibility for examination and licensure, the board may require the applicant to submit a full set of fingerprints to the board. The board shall submit the fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The board shall charge each applicant a fee that is necessary to cover the cost of the investigation. The board shall forward this fee to the department of public safety. |
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| 174 | 183 | | |
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| 175 | 184 | | F. Beginning January 1, 2026, an applicant for an initial license, license renewal or reinstatement of a license pursuant to this chapter shall obtain a valid fingerprint clearance card issued pursuant to section 41-1758.03. END_STATUTE |
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| 176 | 185 | | |
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| 177 | 186 | | Sec. 5. Section 32-922, Arizona Revised Statutes, is amended to read: |
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| 178 | 187 | | |
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| 179 | 188 | | START_STATUTE32-922. Licensure; applicant requirements |
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| 180 | 189 | | |
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| 181 | 190 | | A. The examination for a license to practice chiropractic required of applicants shall be conducted at a time and place designated by the board at least semiannually. Each applicant to be examined shall first file a completed application found to be true and correct and shall be given at least twenty days' written notice of the time and place of the examination. |
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| 182 | 191 | | |
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| 183 | 192 | | B. The examination shall be in English, practical in character and designed to include subjects that are necessary to ascertain the applicant's knowledge of and fitness to practice chiropractic safely and skillfully as authorized in this state. Examinations shall include material relating to chiropractors and Arizona jurisprudence and the following subjects as taught by accredited chiropractic colleges: |
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| 184 | 193 | | |
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| 185 | 194 | | 1. Anatomy. |
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| 186 | 195 | | |
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| 187 | 196 | | 2. Physiology. |
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| 188 | 197 | | |
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| 189 | 198 | | 3. Pathology. |
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| 190 | 199 | | |
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| 191 | 200 | | 4. Bacteriology. |
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| 192 | 201 | | |
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| 193 | 202 | | 5. Symptomatology. |
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| 194 | 203 | | |
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| 195 | 204 | | 6. Diagnosis, including physical, clinical, x-ray and laboratory subjects. |
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| 196 | 205 | | |
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| 197 | 206 | | 7. Chiropractic orthopedics. |
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| 198 | 207 | | |
|---|
| 199 | 208 | | 8. Principles of chiropractic and adjusting. |
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| 200 | 209 | | |
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| 201 | 210 | | 9. Neurology. |
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| 202 | 211 | | |
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| 203 | 212 | | 10. Chemistry, including biochemistry and nutrition. |
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| 204 | 213 | | |
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| 205 | 214 | | 11. Public health and hygiene. |
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| 206 | 215 | | |
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| 207 | 216 | | 12. Chiropractic spinal analysis. |
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| 208 | 217 | | |
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| 209 | 218 | | C. The board may waive examination in those subjects that the applicant passed previously with the percentage of correct answers prescribed in subsection D of this section in an examination conducted by the national board of chiropractic examiners. |
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| 210 | 219 | | |
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| 211 | 220 | | D. A. The board shall grant a license to an applicant who meets all of the following requirements: |
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| 212 | 221 | | |
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| 213 | 222 | | 1. Correctly answers at least seventy-five percent of all questions asked on the subjects identified in subsection B of this section or attains a board approved passing score on all questions asked on the subjects identified in subsection B of this section in an examination administered by a board approved testing facility. |
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| 214 | 223 | | |
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| 215 | 224 | | 1. Has a certificate of attainment for part I and part II and a score of at least three hundred seventy-five on part III or part IV of the examination conducted by the national board of chiropractic examiners. |
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| 216 | 225 | | |
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| 217 | 226 | | 2. Correctly answers at least seventy-five percent of the questions on jurisprudence. |
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| 218 | 227 | | |
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| 219 | 228 | | 3. Meets all other licensing requirements of this chapter. |
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| 220 | 229 | | |
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| 221 | 230 | | 4. Pays the original license fee of not more than one hundred twenty-five dollars as established by the board in rule. |
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| 222 | 231 | | |
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| 223 | 232 | | E. An applicant who fails the examination for the first time may retake the examination within one year if the applicant submits an updated application that meets the requirements of section 32-921. |
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| 224 | 233 | | |
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| 225 | 234 | | F. B. An applicant shall reapply for licensure if the applicant does not pay the original license fee within one year after having been notified by the board that the applicant is eligible to receive a license. END_STATUTE |
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| 226 | 235 | | |
|---|
| 227 | 236 | | Sec. 6. Repeal |
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| 228 | 237 | | |
|---|
| 229 | 238 | | Section 32-922.01, Arizona Revised Statutes, is repealed. |
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| 230 | 239 | | |
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| 231 | 240 | | Sec. 7. Section 32-922.02, Arizona Revised Statutes, is amended to read: |
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| 232 | 241 | | |
|---|
| 233 | 242 | | START_STATUTE32-922.02. Specialties; certification |
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| 234 | 243 | | |
|---|
| 235 | 244 | | A. In order to practice a chiropractic specialty a licensee shall be certified in that specialty by the board. |
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| 236 | 245 | | |
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| 237 | 246 | | B. An applicant who wishes to be certified to perform acupuncture shall submit the following to the board: |
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| 238 | 247 | | |
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| 239 | 248 | | 1. Documentation of successful completion of a minimum of one hundred hours of study in acupuncture at an accredited chiropractic college or postgraduate study with an instructor on the active or postgraduate staff of an accredited chiropractic college. |
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| 240 | 249 | | |
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| 241 | 250 | | 2. A complete application as prescribed by the board. |
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| 242 | 251 | | |
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| 243 | 252 | | 3. Documentation of having passed a board-approved acupuncture examination. |
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| 244 | 253 | | |
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| 245 | 254 | | C. An applicant who wishes to be certified to perform physical medicine modalities and therapeutic procedures shall submit the following to the board: |
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| 246 | 255 | | |
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| 247 | 256 | | 1. A complete application as prescribed by the board. |
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| 248 | 257 | | |
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| 249 | 258 | | 2. Documentation of successful completion of a minimum of one hundred twenty hours of study in physical medicine modalities and therapeutic procedures at an accredited chiropractic college or postgraduate study with an instructor on the active or postgraduate staff of an accredited chiropractic college. |
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| 250 | 259 | | |
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| 251 | 260 | | 3. Documentation of having passed an examination in physical medicine modalities and therapeutic procedures that is approved by the board. |
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| 252 | 261 | | |
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| 253 | 262 | | D. The board shall issue a certificate to any applicant who meets the requirements of this section, who correctly answers at least seventy-five percent of all questions asked on the specialty examination and who pays a certificate fee of not more than one hundred twenty-five dollars as established by the board in rule. |
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| 254 | 263 | | |
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| 255 | 264 | | E. On making application applying, the applicant shall pay to the executive director of the board a nonrefundable fee of not more than one hundred twenty-five dollars as established by the board in rule. The board shall keep a register of all applicants and the result of each examination. |
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| 256 | 265 | | |
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| 257 | 266 | | F. A chiropractor who is certified to perform physiotherapy before July 29, 2010 is deemed to be certified in physical medicine modalities and therapeutic procedures.END_STATUTE |
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| 258 | 267 | | |
|---|
| 259 | 268 | | Sec. 8. Section 32-922.03, Arizona Revised Statutes, is amended to read: |
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| 260 | 269 | | |
|---|
| 261 | 270 | | START_STATUTE32-922.03. Licensure by endorsement; requirements |
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| 262 | 271 | | |
|---|
| 263 | 272 | | A. The board may issue a license to practice chiropractic pursuant to this chapter by endorsement to an applicant who meets all of the following requirements: |
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| 264 | 273 | | |
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| 265 | 274 | | 1. Has actively practiced chiropractic in another state or jurisdiction for at least five of the immediately preceding seven years. |
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| 266 | 275 | | |
|---|
| 267 | 276 | | 2. Has not had an adverse disciplinary action taken against a professional license issued by another state or jurisdiction. |
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| 268 | 277 | | |
|---|
| 269 | 278 | | 3. Receives a grade of at least seventy-five percent on the Arizona jurisprudence examination. |
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| 270 | 279 | | |
|---|
| 271 | 280 | | 4. On making application applying, pays to the executive director of the board a nonrefundable fee of not more than five hundred dollars as established by the board in rule. |
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| 272 | 281 | | |
|---|
| 273 | 282 | | 5. Pays the original license fee as prescribed by section 32-922. |
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| 274 | 283 | | |
|---|
| 275 | 284 | | B. The applicant shall present proof satisfactory to the board that: |
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| 276 | 285 | | |
|---|
| 277 | 286 | | 1. A professional license of the applicant issued by any other state or jurisdiction has not been sanctioned for any cause that may be a basis of a sanction imposed by the board pursuant to this chapter, except for failure to pay fees. |
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| 278 | 287 | | |
|---|
| 279 | 288 | | 2. The applicant has not previously failed to pass the examination in this state. |
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| 280 | 289 | | |
|---|
| 281 | 290 | | 3. The applicant qualifies for licensure as prescribed in section 32-921, except that the applicant is not required to submit proof of obtaining a passing score on part III or IV of the examination conducted by the national board of chiropractic examiners. |
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| 282 | 291 | | |
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| 283 | 292 | | C. An applicant under this section is not required to pay the fee prescribed in section 32-921, subsection D.END_STATUTE |
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| 284 | 293 | | |
|---|
| 285 | 294 | | Sec. 9. Section 32-923, Arizona Revised Statutes, is amended to read: |
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| 286 | 295 | | |
|---|
| 287 | 296 | | START_STATUTE32-923. Change of address; annual renewal fee; failure to renew; waivers; definition |
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| 288 | 297 | | |
|---|
| 289 | 298 | | A. Every Each person who is licensed pursuant to this chapter shall notify the board in writing of any change in residence or office address and telephone number within thirty days after that change. The board shall impose a penalty of $50 on a licensee who does not notify the board as required by this subsection. |
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| 290 | 299 | | |
|---|
| 291 | 300 | | B. Except as provided in section 32-4301, every Each person who is licensed to practice chiropractic in this state shall annually make a renewal application to the board before the last day of the licensee's birth month after original issuance of a license and shall pay a renewal license fee of not more than $225 as established by the board. The renewal application shall be made on a form and in a manner prescribed by the board. At least thirty days before the renewal application and renewal fee are due, the board shall send by first class mail a renewal application and notice requiring license renewal and payment of the renewal fee. |
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| 292 | 301 | | |
|---|
| 293 | 302 | | C. The board shall administratively suspend a license automatically if the licensee does not submit a complete application for renewal and pay the renewal license fee as required by this section. |
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| 294 | 303 | | |
|---|
| 295 | 304 | | D. The board may reinstate a license if the person completes an application for reinstatement as prescribed by the board, complies with the continuing education requirements for each year that the license was suspended, pays the annual renewal license fee for each year that the license was suspended and pays an additional fee of $200. An applicant who does not request reinstatement within two years after the date of suspension shall apply for a license as a new candidate pursuant to section 32-921 or 32-922.01. |
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| 296 | 305 | | |
|---|
| 297 | 306 | | E. The board may waive the annual renewal license fee if a licensee presents evidence satisfactory to the board that the licensee has permanently retired from the practice of chiropractic and has paid all fees required by this chapter before the waiver. |
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| 298 | 307 | | |
|---|
| 299 | 308 | | F. During the period of waiver the retired licensee shall not engage in the practice of chiropractic. A violation of this subsection subjects the retired licensee to the same penalties as are imposed in this chapter on a person who practices chiropractic without a license. |
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| 300 | 309 | | |
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| 301 | 310 | | G. The board may reinstate a retired licensee to active practice on payment of the annual renewal license fee and presentation of evidence satisfactory to the board that the retired licensee is professionally able to engage in the practice of chiropractic and still possesses the professional knowledge required. After a hearing, the board may refuse to reinstate a retired licensee to active practice under this subsection on any of the grounds prescribed in section 32-924. |
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| 302 | 311 | | |
|---|
| 303 | 312 | | H. For the purposes of this section, "administratively suspend" means a nondisciplinary action that is imposed for failure to renew a license and that requires the licensee to suspend practice until renewal requirements are met. END_STATUTE |
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| 304 | 313 | | |
|---|
| 305 | 314 | | Sec. 10. Section 32-924, Arizona Revised Statutes, is amended to read: |
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| 306 | 315 | | |
|---|
| 307 | 316 | | START_STATUTE32-924. Grounds for disciplinary action; hearing; civil penalty; definitions |
|---|
| 308 | 317 | | |
|---|
| 309 | 318 | | A. The following are grounds for disciplinary action of any licensee or registrant, regardless of where they occur: |
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| 310 | 319 | | |
|---|
| 311 | 320 | | 1. Employment of Employing fraud or deception in securing a license. |
|---|
| 312 | 321 | | |
|---|
| 313 | 322 | | 2. Practicing chiropractic under a false or assumed name. |
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| 314 | 323 | | |
|---|
| 315 | 324 | | 3. Impersonating another practitioner. |
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| 316 | 325 | | |
|---|
| 317 | 326 | | 4. Habitual use of alcohol, narcotics or stimulants to the extent of incapacitating the licensee for the performance of professional duties. |
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| 318 | 327 | | |
|---|
| 319 | 328 | | 4. Using a controlled substance as defined in section 36-2501, a narcotic drug, a dangerous drug or marijuana as defined in section 13-3401, or a hypnotic drug, including acetylurea derivatives, barbituric acid derivatives, chloral, paraldehyde, phenlyhydantoin derivatives, sulfonmethane derivatives or any compounds, mixtures or preparations that may be used on producing hypnotic effects, or alcohol to the extent that it affects the ability of the doctor of chiropractic to practice chiropractic. |
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| 320 | 329 | | |
|---|
| 321 | 330 | | 5. Committing unprofessional or dishonorable conduct of a character likely to deceive or defraud the public or tending to discredit the profession. |
|---|
| 322 | 331 | | |
|---|
| 323 | 332 | | 6. Conviction Being convicted of a misdemeanor involving moral turpitude or of a felony. |
|---|
| 324 | 333 | | |
|---|
| 325 | 334 | | 7. Committing gross malpractice, repeated malpractice or any malpractice resulting in the death of a patient. |
|---|
| 326 | 335 | | |
|---|
| 327 | 336 | | 8. Representing that a manifestly incurable condition can be permanently cured, or that a curable condition can be cured within a stated time, if this is not true. |
|---|
| 328 | 337 | | |
|---|
| 329 | 338 | | 9. Offering, undertaking or agreeing to cure or treat a condition by a secret means, method, device or instrumentality. |
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| 330 | 339 | | |
|---|
| 331 | 340 | | 10. Refusing to divulge to the board on demand the means, method, device or instrumentality used in the treatment of a condition. |
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| 332 | 341 | | |
|---|
| 333 | 342 | | 11. Giving or receiving or aiding or abetting, either directly or indirectly, the giving or receiving of kickbacks, rebates, either directly or indirectly bonuses or other remuneration for a referral. |
|---|
| 334 | 343 | | |
|---|
| 335 | 344 | | 12. Acting or assuming to act as a member of the board if this is not true. |
|---|
| 336 | 345 | | |
|---|
| 337 | 346 | | 13. Advertising in a false, deceptive or misleading manner. |
|---|
| 338 | 347 | | |
|---|
| 339 | 348 | | 14. Having had a license refused, revoked or suspended by any other state or country, unless it can be shown that the action was not taken for reasons that relate to the ability to safely and skillfully practice chiropractic or to any act of unprofessional conduct. |
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| 340 | 349 | | |
|---|
| 341 | 350 | | 15. Committing any conduct or practice contrary to recognized standards in chiropractic or any conduct or practice that constitutes a danger to the health, welfare or safety of the patient or the public or any conduct, practice or condition that impairs the ability of the licensee to safely and skillfully practice chiropractic. |
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| 342 | 351 | | |
|---|
| 343 | 352 | | 16. Engaging in incompetent or negligent practice, including providing substandard, inadequate care or improper treatment or performing services that do not support the clinical needs of the patient. |
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| 344 | 353 | | |
|---|
| 345 | 354 | | 16. 17. Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any of the provisions provision of this chapter, or any rule adopted pursuant to this chapter, any lawful board order or any formal order, consent agreement, term of probation or stipulated agreement issued under this chapter. |
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| 346 | 355 | | |
|---|
| 347 | 356 | | 17. 18. Failing to sign the physician's name, wherever required, in any capacity as "chiropractic doctor", "chiropractic physician" or "doctor of chiropractic" or failing to use and affix the initials "D.C." after the physician's name. |
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| 348 | 357 | | |
|---|
| 349 | 358 | | 18. Failing to place or cause to be placed the word or words "chiropractic", "chiropractor", "chiropractic doctor" or "chiropractic physician" in any sign or advertising media. |
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| 350 | 359 | | |
|---|
| 351 | 360 | | 19. Using physical medicine modalities and therapeutic procedures without passing an examination in that subject and without being certified in that specialty by the board. |
|---|
| 352 | 361 | | |
|---|
| 353 | 362 | | 20. Using acupuncture without passing an examination in that subject and without being certified in that specialty by the board. |
|---|
| 354 | 363 | | |
|---|
| 355 | 364 | | 21. Engaging in sexual intercourse or oral sexual contact with a patient in the course of treatment. |
|---|
| 356 | 365 | | |
|---|
| 357 | 366 | | 21. Engaging in sexual conduct with a current patient or with a former patient within six months after the last chiropractic treatment unless the patient was the licensee's spouse at the time of the contact or, immediately preceding the chiropractic physician-patient relationship, was in a dating or engagement relationship with the licensee. For the purposes of this paragraph, "sexual conduct" includes: |
|---|
| 358 | 367 | | |
|---|
| 359 | 368 | | (a) Engaging in or soliciting a sexual relationship, whether consensual or nonconsensual. |
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| 360 | 369 | | |
|---|
| 361 | 370 | | (b) Making sexual advances, requesting sexual favors or engaging in any other verbal conduct or physical conduct of a sexual nature. |
|---|
| 362 | 371 | | |
|---|
| 363 | 372 | | (c) Intentionally viewing a completely or partially disrobed patient in the course of treatment if the viewing is not related to treatment under current practice standards. |
|---|
| 364 | 373 | | |
|---|
| 365 | 374 | | 22. Sexually harassing a patient, former patient, research subject, supervisee or coworker. For the purposes of this paragraph, "sexually harassing" includes sexual solicitation, requests for sexual favors, unwelcome comments or gestures, or any other verbal or physical conduct of a sexual nature. |
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| 366 | 375 | | |
|---|
| 367 | 376 | | 22. 23. Billing or otherwise charging a patient or third-party payor for services, appliances, tests, equipment, an x-ray examination or other procedures not actually provided. |
|---|
| 368 | 377 | | |
|---|
| 369 | 378 | | 23. 24. Intentionally misrepresenting to or omitting a material fact from the patient or third-party payor concerning charges, services, appliances, tests, equipment, an x-ray examination or other procedures offered or provided. |
|---|
| 370 | 379 | | |
|---|
| 371 | 380 | | 25. Engaging in fraud, improper billing, submitting false health claims, providing or ordering unnecessary tests or services, falsifying reports or records, failing to maintain adequate or accurate records or failing to provide records. |
|---|
| 372 | 381 | | |
|---|
| 373 | 382 | | 24. 26. Advertising chiropractic services, appliances, tests, equipment, x-ray examinations or other procedures for a specified price without also specifying the services, procedures or items included in the advertised price. |
|---|
| 374 | 383 | | |
|---|
| 375 | 384 | | 25. 27. Advertising chiropractic services, appliances, tests, equipment, x-ray examinations or other procedures as free without also disclosing what services or items are included in the advertised service or item. |
|---|
| 376 | 385 | | |
|---|
| 377 | 386 | | 26. 28. Billing or charging a patient or third-party payor a higher price than the advertised price in effect at the time the services, appliances, tests, equipment, x-ray examinations or other procedures were provided. |
|---|
| 378 | 387 | | |
|---|
| 379 | 388 | | 27. 29. Advertising a specialty or procedure that requires a separate examination or certificate of specialty, unless the licensee has satisfied the applicable requirements of this chapter. |
|---|
| 380 | 389 | | |
|---|
| 381 | 390 | | 28. 30. Solicitation Soliciting by the licensee or by the licensee's compensated agent of any person who is not previously known by the licensee or the licensee's agent, and who at the time of the solicitation is vulnerable to undue influence, including any person known to have experienced any of the following within the last preceding fifteen days: |
|---|
| 382 | 391 | | |
|---|
| 383 | 392 | | (a) Involvement in a motor vehicle accident. |
|---|
| 384 | 393 | | |
|---|
| 385 | 394 | | (b) Involvement in a work-related accident. |
|---|
| 386 | 395 | | |
|---|
| 387 | 396 | | (c) Injury by, or as the result of actions of, another person. |
|---|
| 388 | 397 | | |
|---|
| 389 | 398 | | 31. Failing to report in writing to the board any evidence that a chiropractic physician is or may be guilty of unprofessional conduct, is or may be impaired by drugs or alcohol or is mentally or physically unable to safely engage in the permissible activities of a chiropractic physician. |
|---|
| 390 | 399 | | |
|---|
| 391 | 400 | | 32. Falsely reporting to the board that a chiropractic physician is or may be guilty of unprofessional conduct, is or may be impaired by drugs or alcohol or is mentally or physically unable to safely engage in the permissible activities of a chiropractic physician. |
|---|
| 392 | 401 | | |
|---|
| 393 | 402 | | 33. Engaging in a policy or practice that interferes with the clinical judgment of a licensee providing chiropractic services for a business entity or compromising a licensee's ability to comply with this chapter. |
|---|
| 394 | 403 | | |
|---|
| 395 | 404 | | 34. Giving or receiving monies for referring patients to a company or another professional, dividing a professional fee or offering, providing or receiving any consideration for patient referral among or between health care providers or health care entities. This paragraph does not prohibit the division of fees among licensees who are engaged in a bona fide employment, partnership or corporate organization for the delivery of professional services. |
|---|
| 396 | 405 | | |
|---|
| 397 | 406 | | 35. REFERRING a patient based on whether the referring doctor of chiropractic has negotiated a discount for specialty services. a doctor of chiropractic may not accept: |
|---|
| 398 | 407 | | |
|---|
| 399 | 408 | | (a) Compensation of any kind from any source for referring patient other than distribution of a health care organization's revenues as allowed by law. |
|---|
| 400 | 409 | | |
|---|
| 401 | 410 | | (b) Compensation for services relating to the care of a patient for any health care facility or organization to which the chiropractic physician has referred the patient. |
|---|
| 402 | 411 | | |
|---|
| 403 | 412 | | (c) Compensation for referring a patient to a research study, except for remuneration for administrative costs. |
|---|
| 404 | 413 | | |
|---|
| 405 | 414 | | 36. Exploiting a patient for financial gain. |
|---|
| 406 | 415 | | |
|---|
| 407 | 416 | | 37. Harassing, exploiting or retaliating against a patient, former patient, research subject, supervisee, coworker, witness or complainant in a disciplinary proceeding involving a licensee or registrant. |
|---|
| 408 | 417 | | |
|---|
| 409 | 418 | | 38. Interfering in or subverting a board investigation. |
|---|
| 410 | 419 | | |
|---|
| 411 | 420 | | 39. Improperly managing patient health records. |
|---|
| 412 | 421 | | |
|---|
| 413 | 422 | | 40. Revealing a privileged communication or confidential information. |
|---|
| 414 | 423 | | |
|---|
| 415 | 424 | | 41. Failing to notify the board within ten days after having had a license refused, revoked or suspended by any other state or country unless the licensee can show that the action taken does not relate to the ability to safely and skillfully practice chiropractic or to any act of unprofessional conduct. |
|---|
| 416 | 425 | | |
|---|
| 417 | 426 | | B. The board on its own motion or on receipt of a complaint may investigate any information that appears to show that a doctor of chiropractic or a chiropractic assistant is or may be in violation of this chapter or board rules or is or may be mentally or physically unable to safely engage in the practice of chiropractic or assist a doctor of chiropractic. The board shall notify the licensee or registrant as to the content of the complaint as soon as is reasonable. Any person who reports or provides information to the board in good faith is not subject to civil damages as a result of that action. |
|---|
| 418 | 427 | | |
|---|
| 419 | 428 | | C. The board may require a licensee or registrant who is under investigation pursuant to this section to be interviewed by the board or its representatives. The board may require a licensee or registrant who is under investigation pursuant to this section to undergo, at the licensee's or registrant's expense, any combination of medical, physical or mental examinations that the board finds necessary to determine the licensee's or registrant's competence. |
|---|
| 420 | 429 | | |
|---|
| 421 | 430 | | D. If the board finds based on the information it receives under subsections B and C of this section that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, the board may order a summary suspension of a license or registration pending proceedings for revocation or other action. If the board takes this action, it the board shall also serve the licensee or registrant with a written notice that states the charges and that the licensee or registrant is entitled to a formal hearing within sixty days. |
|---|
| 422 | 431 | | |
|---|
| 423 | 432 | | E. If, after completing its investigation, the board finds that the information provided pursuant to this section is not of sufficient seriousness to merit disciplinary action against the licensee, it the board may take any of the following actions: |
|---|
| 424 | 433 | | |
|---|
| 425 | 434 | | 1. Dismiss the complaint if in the board's opinion the information is without merit or does not warrant sanction of the licensee or registrant. |
|---|
| 426 | 435 | | |
|---|
| 427 | 436 | | 2. Issue an advisory letter. An advisory letter is a nondisciplinary action and is a public document. |
|---|
| 428 | 437 | | |
|---|
| 429 | 438 | | 3. Issue a nondisciplinary order requiring the licensee or registrant to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee or registrant with the necessary understanding of current developments, skills, procedures or treatment. Failure to complete a nondisciplinary order requiring continuing education is a violation of subsection A, paragraph 16 17 of this section. |
|---|
| 430 | 439 | | |
|---|
| 431 | 440 | | F. The board may request a formal interview with the licensee or registrant concerned. At a formal interview the board may receive and consider pertinent documents and sworn statements of persons who may be called as witnesses in a formal hearing. Legal counsel may be present and participate in the formal interview. If the licensee or registrant refuses the request or if the licensee or registrant accepts the request and the results of the interview indicate suspension or revocation of the license or registration may be in order, the board shall issue a complaint and order that a hearing be held pursuant to title 41, chapter 6, article 10. If, after the formal interview, the board finds that the information provided pursuant to this section is true but is not of sufficient seriousness to merit suspension or revocation of the license or registration, it the board may take any of the following actions: |
|---|
| 432 | 441 | | |
|---|
| 433 | 442 | | 1. Dismiss the complaint if in the board's opinion the information is without merit or does not warrant sanction of the licensee or registrant. |
|---|
| 434 | 443 | | |
|---|
| 435 | 444 | | 2. Issue an advisory letter. An advisory letter is a nondisciplinary action and is a public document. |
|---|
| 436 | 445 | | |
|---|
| 437 | 446 | | 3. Issue an order to cease and desist. |
|---|
| 438 | 447 | | |
|---|
| 439 | 448 | | 4. Issue a letter of concern. |
|---|
| 440 | 449 | | |
|---|
| 441 | 450 | | 5. Issue an order of censure. An order of censure is an official action against the licensee or registrant and may include a requirement for restitution of fees to a patient resulting from a violation of this chapter or board rules. |
|---|
| 442 | 451 | | |
|---|
| 443 | 452 | | 6. Fix a period and terms of probation best adapted to protect the public health and safety and to rehabilitate or educate the licensee or registrant. Any costs incidental to the terms of probation are at the licensee's or registrant's own expense. Probation may include restrictions on the licensee's or registrant's license to practice chiropractic. |
|---|
| 444 | 453 | | |
|---|
| 445 | 454 | | 7. Impose a civil penalty of not more than one thousand dollars $1,000 for each violation of this chapter. |
|---|
| 446 | 455 | | |
|---|
| 447 | 456 | | 8. Refuse to renew a license or registration. |
|---|
| 448 | 457 | | |
|---|
| 449 | 458 | | 9. Issue a disciplinary or nondisciplinary order requiring the licensee or registrant to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee or registrant with the necessary understanding of current developments, skills, procedures or treatment. |
|---|
| 450 | 459 | | |
|---|
| 451 | 460 | | G. If the board believes the charge is of such magnitude as to warrant suspension or revocation of the license or registration, the board shall immediately initiate formal revocation or suspension proceedings pursuant to title 41, chapter 6, article 10. The board shall notify a licensee or registrant of a complaint and hearing by certified mail addressed to the licensee's or registrant's last known address on record in the board's files. The notice of a complaint and hearing is effective on the date of its deposit in the mail. The board shall hold a formal hearing within one hundred eighty days after that date. |
|---|
| 452 | 461 | | |
|---|
| 453 | 462 | | H. If the licensee or registrant wishes to be present at the formal hearing in person or by representation, or both, the licensee or registrant shall file with the board a written answer to the charges in the complaint. A licensee or registrant who has been notified of a complaint pursuant to this section shall file with the board a written response not more than twenty days after service of the complaint and the notice of hearing. If the licensee or registrant fails to file an answer in writing, it is deemed an admission of the act or acts charged in the complaint and notice of hearing and the board may take disciplinary action pursuant to this chapter without a hearing. |
|---|
| 454 | 463 | | |
|---|
| 455 | 464 | | I. Any licensee or registrant who, after a hearing, is found to be in violation of this chapter or board rules or is found to be mentally or physically unable to safely engage in the practice of chiropractic or assist a doctor of chiropractic is subject to any combination of those disciplinary actions identified in subsection F of this section or suspension or revocation of the license or registration. In addition, the board may order the licensee or registrant to pay restitution or all costs incurred in the course of the investigation and formal hearing in the matter, or both. |
|---|
| 456 | 465 | | |
|---|
| 457 | 466 | | J. The board shall report allegations of evidence of criminal wrongdoing to the appropriate criminal justice agency. |
|---|
| 458 | 467 | | |
|---|
| 459 | 468 | | K. The board may accept the surrender of an active license or registration from a licensee or registrant who admits in writing to having violated this chapter or board rules. |
|---|
| 460 | 469 | | |
|---|
| 461 | 470 | | L. For the purposes of subsection A of this section, patient status is not dependent on billing or payment of fees for chiropractic services or the establishment of a doctor-patient relationship. |
|---|
| 462 | 471 | | |
|---|
| 463 | 472 | | L. M. For the purposes of this section: , |
|---|
| 464 | 473 | | |
|---|
| 465 | 474 | | 1. "Compensation" means something given or received as payment, including bartering, tips, monies, donations, goods or services. |
|---|
| 466 | 475 | | |
|---|
| 467 | 476 | | 2. "Solicitation" includes contact in person, by telephone, telegraph or telefacsimile or by other communication directed to a specific recipient and includes any written form of communication directed to a specific recipient. END_STATUTE |
|---|
| 468 | 477 | | |
|---|
| 469 | 478 | | Sec. 11. Section 32-926, Arizona Revised Statutes, is amended to read: |
|---|
| 470 | 479 | | |
|---|
| 471 | 480 | | START_STATUTE32-926. Practice of chiropractic without license prohibited; exemptions |
|---|
| 472 | 481 | | |
|---|
| 473 | 482 | | A. It is unlawful for a person to: |
|---|
| 474 | 483 | | |
|---|
| 475 | 484 | | 1. Practice chiropractic in this state without having first obtained a license as provided in this chapter. |
|---|
| 476 | 485 | | |
|---|
| 477 | 486 | | 2. Work as a chiropractic assistant except under the supervision of a doctor of chiropractic and pursuant to this chapter and rules adopted pursuant to this chapter. |
|---|
| 478 | 487 | | |
|---|
| 479 | 488 | | 3. Use the abbreviation "C.A." or the term "chiropractic assistant" unless the person is working under the supervision of a doctor of chiropractic pursuant to this chapter and rules adopted by the board. |
|---|
| 480 | 489 | | |
|---|
| 481 | 490 | | 4. Practice chiropractic in this state after the board places the person on retired status or inactive status pursuant to section 32-933. |
|---|
| 482 | 491 | | |
|---|
| 483 | 492 | | B. This chapter does not prevent: |
|---|
| 484 | 493 | | |
|---|
| 485 | 494 | | 1. A person who is licensed by another state, territory or district from meeting within this state in consultation with a person licensed pursuant to this chapter if that person does not open an office or appoint a place of meeting to receive patients in this state. |
|---|
| 486 | 495 | | |
|---|
| 487 | 496 | | 2. Any person from acting at the direction and under the supervision of a doctor of chiropractic licensed pursuant to this chapter if that person is acting in an assistant or technical capacity, is not in violation of this chapter and does not claim to be licensed to practice chiropractic. |
|---|
| 488 | 497 | | |
|---|
| 489 | 498 | | 3. Any chiropractic student from participating in a preceptorship training program approved by the board.END_STATUTE |
|---|
| 490 | 499 | | |
|---|
| 491 | 500 | | Sec. 12. Section 32-929, Arizona Revised Statutes, is amended to read: |
|---|
| 492 | 501 | | |
|---|
| 493 | 502 | | START_STATUTE32-929. Right to examine and copy evidence; summoning witnesses and documents; taking testimony; right to counsel; court orders; confidentiality |
|---|
| 494 | 503 | | |
|---|
| 495 | 504 | | A. In connection with an investigation by the board on its own motion, the board or its duly authorized agents or employees shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documents, reports, records or any other physical evidence of any person being investigated, or the reports, records and any other documents maintained by and in possession of any hospital, clinic, physician's office, laboratory, pharmacy, person who is authorized to transact disability insurance pursuant to title 20, chapter 6, article 4 or 5, or person who is issued a certificate of authority pursuant to title 20, chapter 4, article 9 or any other public or private agency, and any health care institution as defined in section 36-401 or other partnership, association or corporation that provides health care to consumers, if such documents, reports, records or evidence relate to chiropractic competence, unprofessional conduct or the mental or physical ability of a doctor of chiropractic to safely practice chiropractic. |
|---|
| 496 | 505 | | |
|---|
| 497 | 506 | | B. For the purpose of all investigations and proceedings conducted by the board: |
|---|
| 498 | 507 | | |
|---|
| 499 | 508 | | 1. The board on its own initiative, or upon on application of any person involved in the investigation, may issue subpoenas compelling the attendance and testimony of witnesses, or demanding the production for examination or copying of documents or any other physical evidence if such evidence relates to chiropractic competence, unprofessional conduct or the mental or physical ability of a doctor of chiropractic to safely practice chiropractic. Within five days after the service of a subpoena on any person requiring the production of any evidence in his the person's possession or under his the person's control, such person may petition the board to revoke, limit or modify the subpoena. The board shall revoke, limit or modify such subpoena if in its opinion the evidence required does not relate to unlawful practices covered by this chapter, is not relevant to the charge which that is the subject matter of the hearing or investigation or does not describe with sufficient particularity the physical evidence whose production is required. |
|---|
| 500 | 509 | | |
|---|
| 501 | 510 | | 2. Any person appearing before the board may be represented by counsel. |
|---|
| 502 | 511 | | |
|---|
| 503 | 512 | | 3. The superior court, upon on application by the board or by the person subpoenaed, shall have jurisdiction to issue an order either: |
|---|
| 504 | 513 | | |
|---|
| 505 | 514 | | (a) Requiring such person to appear before the board or the duly authorized agent to produce evidence relating to the matter under investigation. |
|---|
| 506 | 515 | | |
|---|
| 507 | 516 | | (b) Revoking, limiting or modifying the subpoena if in the court's opinion the evidence demanded does not relate to unlawful practices covered by this chapter, is not relevant to the grounds for censure, suspension, revocation, fines or refusal to issue a license pursuant to section 32-924 which is the subject matter of the hearing or investigation, or does not describe with sufficient particularity the evidence whose production is required. Any failure to obey such order of the court may be punished by such court as contempt. |
|---|
| 508 | 517 | | |
|---|
| 509 | 518 | | C. Patient records, including clinical records, medical reports, laboratory statements and reports, any file, film, any other report or oral statement relating to examinations, findings or treatment of patients, any information from which a patient or his the patient's family might be identified or information received and records kept by the board as a result of the investigation procedure outlined in this chapter are not available to the public. |
|---|
| 510 | 519 | | |
|---|
| 511 | 520 | | D. Nothing in This section or and any other provision of law making communications between a chiropractic physician and his the chiropractic physician's patient a privileged communication applies do not apply to investigations or proceedings conducted pursuant to this chapter. The board and its employees, agents and representatives shall keep in confidence the names of any patients whose records are reviewed during the course of investigations and proceedings pursuant to this chapter. END_STATUTE |
|---|
| 512 | 521 | | |
|---|
| 513 | 522 | | Sec. 13. Section 32-931, Arizona Revised Statutes, is amended to read: |
|---|
| 514 | 523 | | |
|---|
| 515 | 524 | | START_STATUTE32-931. Continuing education; requirements |
|---|
| 516 | 525 | | |
|---|
| 517 | 526 | | A. The board by rule may require each licensee to complete up to twelve thirty-two hours of continuing education each calendar year as a condition of licensure renewal in educational instruction approved by the board during the two-year licensure period immediately preceding renewal. |
|---|
| 518 | 527 | | |
|---|
| 519 | 528 | | B. Continuing education shall cover topics listed in section 32-922, subsection B and section 32-922.02 and shall be taught by a faculty member of a college or university that is accredited by or has status with the council on chiropractic education or is accredited by an accrediting agency recognized by the United States department of education or the council on postsecondary accreditation. Beginning July 1, 2012, the board shall adopt rules to prescribe the continuing education requirements. |
|---|
| 520 | 529 | | |
|---|
| 521 | 530 | | C. Compliance with this section shall be documented at the times and in the manner as prescribed by the board in rule. |
|---|
| 522 | 531 | | |
|---|
| 523 | 532 | | B. A licensee shall satisfy the continuing education requirements that are prescribed by the board in rule and that are a formal program of learning that will contribute directly to the professional competence of the licensee in the practice of chiropractic. Each course shall be on subjects of clinical benefit to the consumer of chiropractic services. The board shall adopt rules to prescribe the manner of documenting compliance with this subsection. |
|---|
| 524 | 533 | | |
|---|
| 525 | 534 | | D. C. Failure of a person holding a license to practice chiropractic to comply with this section without adequate cause being shown is grounds for probation or suspension of the person's license.END_STATUTE |
|---|
| 526 | 535 | | |
|---|
| 527 | 536 | | Sec. 14. Section 32-933, Arizona Revised Statutes, is amended to read: |
|---|
| 528 | 537 | | |
|---|
| 529 | 538 | | START_STATUTE32-933. Inactive license; restrictions; reinstatement to active license; definition |
|---|
| 530 | 539 | | |
|---|
| 531 | 540 | | A. On written request, the board shall place a licensee who is in good standing on inactive status. The request shall state that the licensee is not currently engaged in the practice of chiropractic in this state. |
|---|
| 532 | 541 | | |
|---|
| 533 | 542 | | B. If an inactive licensee applies to the board for reinstatement to active licensure within two years after the date the board issues a notice of inactive status, the inactive licensee shall submit the full annual license renewal fee and prove to the board's satisfaction that the licensee has met the continuing education requirements of section 32-931 and board rules relating to continuing education. |
|---|
| 534 | 543 | | |
|---|
| 535 | 544 | | C. In addition to meeting the requirements of subsection B of this section, a licensee who has been on inactive status and who has not been actively engaged in the practice of chiropractic for more than two years must pass the national board of chiropractic examiners spec examination before reinstatement being reinstated to active licensure. |
|---|
| 536 | 545 | | |
|---|
| 537 | 546 | | D. A licensee who is on inactive status shall meet all of the requirements of section 32-923. |
|---|
| 538 | 547 | | |
|---|
| 539 | 548 | | E. The practice of chiropractic in this state during any time that a license is on inactive status is grounds for sanction of the licensee. |
|---|
| 540 | 549 | | |
|---|
| 541 | 550 | | F. For the purposes of this section, "good standing" means that a licensee is not presently under investigation by the board or another jurisdiction and the board has not initiated any disciplinary proceeding against the licensee.END_STATUTE |
|---|
| 542 | 551 | | |
|---|
| 543 | 552 | | Sec. 15. Section 41-619.51, Arizona Revised Statutes, is amended to read: |
|---|
| 544 | 553 | | |
|---|
| 545 | 554 | | START_STATUTE41-619.51. Definitions |
|---|
| 546 | 555 | | |
|---|
| 547 | 556 | | In this article, unless the context otherwise requires: |
|---|
| 548 | 557 | | |
|---|
| 549 | 558 | | 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 or the state board of chiropractic examiners. |
|---|
| 550 | 559 | | |
|---|
| 551 | 560 | | 2. "Board" means the board of fingerprinting. |
|---|
| 552 | 561 | | |
|---|
| 553 | 562 | | 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. |
|---|
| 554 | 563 | | |
|---|
| 555 | 564 | | 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. |
|---|
| 556 | 565 | | |
|---|
| 557 | 566 | | 5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41-619.55. |
|---|
| 558 | 567 | | |
|---|
| 559 | 568 | | 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: |
|---|
| 560 | 569 | | |
|---|
| 561 | 570 | | (a) Section 3-314. |
|---|
| 562 | 571 | | |
|---|
| 563 | 572 | | (b) Section 8-105. |
|---|
| 564 | 573 | | |
|---|
| 565 | 574 | | (c) Section 8-322. |
|---|
| 566 | 575 | | |
|---|
| 567 | 576 | | (d) Section 8-463. |
|---|
| 568 | 577 | | |
|---|
| 569 | 578 | | (e) Section 8-509. |
|---|
| 570 | 579 | | |
|---|
| 571 | 580 | | (f) Section 8-802. |
|---|
| 572 | 581 | | |
|---|
| 573 | 582 | | (g) Section 8-804. |
|---|
| 574 | 583 | | |
|---|
| 575 | 584 | | (h) Section 15-183. |
|---|
| 576 | 585 | | |
|---|
| 577 | 586 | | (i) Section 15-503. |
|---|
| 578 | 587 | | |
|---|
| 579 | 588 | | (j) Section 15-512. |
|---|
| 580 | 589 | | |
|---|
| 581 | 590 | | (k) Section 15-534. |
|---|
| 582 | 591 | | |
|---|
| 583 | 592 | | (l) Section 15-763.01. |
|---|
| 584 | 593 | | |
|---|
| 585 | 594 | | (m) Section 15-782.02. |
|---|
| 586 | 595 | | |
|---|
| 587 | 596 | | (n) Section 15-1330. |
|---|
| 588 | 597 | | |
|---|
| 589 | 598 | | (o) Section 15-1881. |
|---|
| 590 | 599 | | |
|---|
| 591 | 600 | | (p) Section 17-215. |
|---|
| 592 | 601 | | |
|---|
| 593 | 602 | | (q) Section 28-3228. |
|---|
| 594 | 603 | | |
|---|
| 595 | 604 | | (r) Section 28-3413. |
|---|
| 596 | 605 | | |
|---|
| 597 | 606 | | (s) Section 32-122.02. |
|---|
| 598 | 607 | | |
|---|
| 599 | 608 | | (t) Section 32-122.05. |
|---|
| 600 | 609 | | |
|---|
| 601 | 610 | | (u) Section 32-122.06. |
|---|
| 602 | 611 | | |
|---|
| 603 | 612 | | (v) Section 32-823. |
|---|
| 604 | 613 | | |
|---|
| 605 | 614 | | (w) Section 32-921. |
|---|
| 606 | 615 | | |
|---|
| 607 | 616 | | (w) (x) Section 32-1232. |
|---|
| 608 | 617 | | |
|---|
| 609 | 618 | | (x) (y) Section 32-1276.01. |
|---|
| 610 | 619 | | |
|---|
| 611 | 620 | | (y) (z) Section 32-1284. |
|---|
| 612 | 621 | | |
|---|
| 613 | 622 | | (z) (aa) Section 32-1297.01. |
|---|
| 614 | 623 | | |
|---|
| 615 | 624 | | (aa) (bb) Section 32-1904. |
|---|
| 616 | 625 | | |
|---|
| 617 | 626 | | (bb) (cc) Section 32-1941. |
|---|
| 618 | 627 | | |
|---|
| 619 | 628 | | (cc) (dd) Section 32-1982. |
|---|
| 620 | 629 | | |
|---|
| 621 | 630 | | (dd) (ee) Section 32-2022. |
|---|
| 622 | 631 | | |
|---|
| 623 | 632 | | (ee) (ff) Section 32-2063. |
|---|
| 624 | 633 | | |
|---|
| 625 | 634 | | (ff) (gg) Section 32-2108.01. |
|---|
| 626 | 635 | | |
|---|
| 627 | 636 | | (gg) (hh) Section 32-2123. |
|---|
| 628 | 637 | | |
|---|
| 629 | 638 | | (hh) (ii) Section 32-2371. |
|---|
| 630 | 639 | | |
|---|
| 631 | 640 | | (ii) (jj) Section 32-3430. |
|---|
| 632 | 641 | | |
|---|
| 633 | 642 | | (jj) (kk) Section 32-3620. |
|---|
| 634 | 643 | | |
|---|
| 635 | 644 | | (kk) (ll) Section 32-3668. |
|---|
| 636 | 645 | | |
|---|
| 637 | 646 | | (ll) (mm) Section 32-3669. |
|---|
| 638 | 647 | | |
|---|
| 639 | 648 | | (mm) (nn) Section 32-3922. |
|---|
| 640 | 649 | | |
|---|
| 641 | 650 | | (nn) (oo) Section 32-3924. |
|---|
| 642 | 651 | | |
|---|
| 643 | 652 | | (pp) Section 32-4128. |
|---|
| 644 | 653 | | |
|---|
| 645 | 654 | | (oo) (qq) Section 32-4222. |
|---|
| 646 | 655 | | |
|---|
| 647 | 656 | | (qq) (rr) Section 36-113. |
|---|
| 648 | 657 | | |
|---|
| 649 | 658 | | (rr) (ss) Section 36-207. |
|---|
| 650 | 659 | | |
|---|
| 651 | 660 | | (ss) (tt) Section 36-411. |
|---|
| 652 | 661 | | |
|---|
| 653 | 662 | | (tt) (uu) Section 36-425.03. |
|---|
| 654 | 663 | | |
|---|
| 655 | 664 | | (uu) (vv) Section 36-446.04. |
|---|
| 656 | 665 | | |
|---|
| 657 | 666 | | (vv) (ww) Section 36-594.01. |
|---|
| 658 | 667 | | |
|---|
| 659 | 668 | | (ww) (xx) Section 36-594.02. |
|---|
| 660 | 669 | | |
|---|
| 661 | 670 | | (xx) (yy) Section 36-766.01. |
|---|
| 662 | 671 | | |
|---|
| 663 | 672 | | (yy) (zz) Section 36-882. |
|---|
| 664 | 673 | | |
|---|
| 665 | 674 | | (zz) (aaa) Section 36-883.02. |
|---|
| 666 | 675 | | |
|---|
| 667 | 676 | | (aaa) (bbb) Section 36-897.01. |
|---|
| 668 | 677 | | |
|---|
| 669 | 678 | | (bbb) (ccc) Section 36-897.03. |
|---|
| 670 | 679 | | |
|---|
| 671 | 680 | | (ccc) (ddd) Section 36-3008. |
|---|
| 672 | 681 | | |
|---|
| 673 | 682 | | (ddd) (eee) Section 41-619.53. |
|---|
| 674 | 683 | | |
|---|
| 675 | 684 | | (eee) (fff) Section 41-1964. |
|---|
| 676 | 685 | | |
|---|
| 677 | 686 | | (fff) (ggg) Section 41-1967.01. |
|---|
| 678 | 687 | | |
|---|
| 679 | 688 | | (ggg) (hhh) Section 41-1968. |
|---|
| 680 | 689 | | |
|---|
| 681 | 690 | | (hhh) (iii) Section 41-1969. |
|---|
| 682 | 691 | | |
|---|
| 683 | 692 | | (iii) (jjj) Section 41-2814. |
|---|
| 684 | 693 | | |
|---|
| 685 | 694 | | (jjj) (kkk) Section 41-4025. |
|---|
| 686 | 695 | | |
|---|
| 687 | 696 | | (kkk) (lll) Section 46-141, subsection A or B. |
|---|
| 688 | 697 | | |
|---|
| 689 | 698 | | (lll) (mmm) Section 46-321.END_STATUTE |
|---|
| 690 | 699 | | |
|---|
| 691 | 700 | | Sec. 16. Section 41-1758, Arizona Revised Statutes, is amended to read: |
|---|
| 692 | 701 | | |
|---|
| 693 | 702 | | START_STATUTE41-1758. Definitions |
|---|
| 694 | 703 | | |
|---|
| 695 | 704 | | In this article, unless the context otherwise requires: |
|---|
| 696 | 705 | | |
|---|
| 697 | 706 | | 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 or the state board of chiropractic examiners. |
|---|
| 698 | 707 | | |
|---|
| 699 | 708 | | 2. "Division" means the fingerprinting division in the department of public safety. |
|---|
| 700 | 709 | | |
|---|
| 701 | 710 | | 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. |
|---|
| 702 | 711 | | |
|---|
| 703 | 712 | | 4. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41-619.55. |
|---|
| 704 | 713 | | |
|---|
| 705 | 714 | | 5. "Person" means a person who is required to be fingerprinted pursuant to any of the following: |
|---|
| 706 | 715 | | |
|---|
| 707 | 716 | | (a) Section 3-314. |
|---|
| 708 | 717 | | |
|---|
| 709 | 718 | | (b) Section 8-105. |
|---|
| 710 | 719 | | |
|---|
| 711 | 720 | | (c) Section 8-322. |
|---|
| 712 | 721 | | |
|---|
| 713 | 722 | | (d) Section 8-463. |
|---|
| 714 | 723 | | |
|---|
| 715 | 724 | | (e) Section 8-509. |
|---|
| 716 | 725 | | |
|---|
| 717 | 726 | | (f) Section 8-802. |
|---|
| 718 | 727 | | |
|---|
| 719 | 728 | | (g) Section 15-183. |
|---|
| 720 | 729 | | |
|---|
| 721 | 730 | | (h) Section 15-503. |
|---|
| 722 | 731 | | |
|---|
| 723 | 732 | | (i) Section 15-512. |
|---|
| 724 | 733 | | |
|---|
| 725 | 734 | | (j) Section 15-534. |
|---|
| 726 | 735 | | |
|---|
| 727 | 736 | | (k) Section 15-763.01. |
|---|
| 728 | 737 | | |
|---|
| 729 | 738 | | (l) Section 15-782.02. |
|---|
| 730 | 739 | | |
|---|
| 731 | 740 | | (m) Section 15-1330. |
|---|
| 732 | 741 | | |
|---|
| 733 | 742 | | (n) Section 15-1881. |
|---|
| 734 | 743 | | |
|---|
| 735 | 744 | | (o) Section 17-215. |
|---|
| 736 | 745 | | |
|---|
| 737 | 746 | | (p) Section 28-3228. |
|---|
| 738 | 747 | | |
|---|
| 739 | 748 | | (q) Section 28-3413. |
|---|
| 740 | 749 | | |
|---|
| 741 | 750 | | (r) Section 32-122.02. |
|---|
| 742 | 751 | | |
|---|
| 743 | 752 | | (s) Section 32-122.05. |
|---|
| 744 | 753 | | |
|---|
| 745 | 754 | | (t) Section 32-122.06. |
|---|
| 746 | 755 | | |
|---|
| 747 | 756 | | (u) Section 32-823. |
|---|
| 748 | 757 | | |
|---|
| 749 | 758 | | (v) Section 32-921. |
|---|
| 750 | 759 | | |
|---|
| 751 | 760 | | (v) (w) Section 32-1232. |
|---|
| 752 | 761 | | |
|---|
| 753 | 762 | | (w) (x) Section 32-1276.01. |
|---|
| 754 | 763 | | |
|---|
| 755 | 764 | | (x) (y) Section 32-1284. |
|---|
| 756 | 765 | | |
|---|
| 757 | 766 | | (y) (z) Section 32-1297.01. |
|---|
| 758 | 767 | | |
|---|
| 759 | 768 | | (z) (aa) Section 32-1904. |
|---|
| 760 | 769 | | |
|---|
| 761 | 770 | | (aa) (bb) Section 32-1941. |
|---|
| 762 | 771 | | |
|---|
| 763 | 772 | | (bb) (cc) Section 32-1982. |
|---|
| 764 | 773 | | |
|---|
| 765 | 774 | | (cc) (dd) Section 32-2022. |
|---|
| 766 | 775 | | |
|---|
| 767 | 776 | | (dd) (ee) Section 32-2063. |
|---|
| 768 | 777 | | |
|---|
| 769 | 778 | | (ee) (ff) Section 32-2108.01. |
|---|
| 770 | 779 | | |
|---|
| 771 | 780 | | (ff) (gg) Section 32-2123. |
|---|
| 772 | 781 | | |
|---|
| 773 | 782 | | (gg) (hh) Section 32-2371. |
|---|
| 774 | 783 | | |
|---|
| 775 | 784 | | (hh) (ii) Section 32-3430. |
|---|
| 776 | 785 | | |
|---|
| 777 | 786 | | (ii) (jj) Section 32-3620. |
|---|
| 778 | 787 | | |
|---|
| 779 | 788 | | (jj) (kk) Section 32-3668. |
|---|
| 780 | 789 | | |
|---|
| 781 | 790 | | (kk) (ll) Section 32-3669. |
|---|
| 782 | 791 | | |
|---|
| 783 | 792 | | (ll) (mm) Section 32-3922. |
|---|
| 784 | 793 | | |
|---|
| 785 | 794 | | (mm) (nn) Section 32-3924. |
|---|
| 786 | 795 | | |
|---|
| 787 | 796 | | (nn) (oo) Section 32-4128. |
|---|
| 788 | 797 | | |
|---|
| 789 | 798 | | (oo) (pp) Section 32-4222. |
|---|
| 790 | 799 | | |
|---|
| 791 | 800 | | (pp) (qq) Section 36-113. |
|---|
| 792 | 801 | | |
|---|
| 793 | 802 | | (qq) (rr) Section 36-207. |
|---|
| 794 | 803 | | |
|---|
| 795 | 804 | | (rr) (ss) Section 36-411. |
|---|
| 796 | 805 | | |
|---|
| 797 | 806 | | (ss) (tt) Section 36-425.03. |
|---|
| 798 | 807 | | |
|---|
| 799 | 808 | | (tt) (uu) Section 36-446.04. |
|---|
| 800 | 809 | | |
|---|
| 801 | 810 | | (uu) (vv) Section 36-594.01. |
|---|
| 802 | 811 | | |
|---|
| 803 | 812 | | (vv) (ww) Section 36-594.02. |
|---|
| 804 | 813 | | |
|---|
| 805 | 814 | | (ww) (xx) Section 36-766.01. |
|---|
| 806 | 815 | | |
|---|
| 807 | 816 | | (xx) (yy) Section 36-882. |
|---|
| 808 | 817 | | |
|---|
| 809 | 818 | | (yy) (zz) Section 36-883.02. |
|---|
| 810 | 819 | | |
|---|
| 811 | 820 | | (zz) (aaa) Section 36-897.01. |
|---|
| 812 | 821 | | |
|---|
| 813 | 822 | | (aaa) (bbb) Section 36-897.03. |
|---|
| 814 | 823 | | |
|---|
| 815 | 824 | | (bbb) (ccc) Section 36-3008. |
|---|
| 816 | 825 | | |
|---|
| 817 | 826 | | (ccc) (ddd) Section 41-619.52. |
|---|
| 818 | 827 | | |
|---|
| 819 | 828 | | (ddd) (eee) Section 41-619.53. |
|---|
| 820 | 829 | | |
|---|
| 821 | 830 | | (eee) (fff) Section 41-1964. |
|---|
| 822 | 831 | | |
|---|
| 823 | 832 | | (fff) (ggg) Section 41-1967.01. |
|---|
| 824 | 833 | | |
|---|
| 825 | 834 | | (ggg) (hhh) Section 41-1968. |
|---|
| 826 | 835 | | |
|---|
| 827 | 836 | | (hhh) (iii) Section 41-1969. |
|---|
| 828 | 837 | | |
|---|
| 829 | 838 | | (iii) (jjj) Section 41-2814. |
|---|
| 830 | 839 | | |
|---|
| 831 | 840 | | (jjj) (kkk) Section 41-4025. |
|---|
| 832 | 841 | | |
|---|
| 833 | 842 | | (kkk) (lll) Section 46-141, subsection A or B. |
|---|
| 834 | 843 | | |
|---|
| 835 | 844 | | (lll) (mmm) Section 46-321. |
|---|
| 836 | 845 | | |
|---|
| 837 | 846 | | 6. "Rap back services" has the same meaning prescribed in section 41-1750. |
|---|
| 838 | 847 | | |
|---|
| 839 | 848 | | 7. "Vulnerable adult" has the same meaning prescribed in section 13-3623. END_STATUTE |
|---|
| 840 | 849 | | |
|---|
| 841 | 850 | | Sec. 17. Section 41-1758.01, Arizona Revised Statutes, is amended to read: |
|---|
| 842 | 851 | | |
|---|
| 843 | 852 | | START_STATUTE41-1758.01. Fingerprinting division; powers and duties |
|---|
| 844 | 853 | | |
|---|
| 845 | 854 | | A. The fingerprinting division is established in the department of public safety and shall: |
|---|
| 846 | 855 | | |
|---|
| 847 | 856 | | 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, 32-921, 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. |
|---|
| 848 | 857 | | |
|---|
| 849 | 858 | | 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. |
|---|
| 850 | 859 | | |
|---|
| 851 | 860 | | 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. |
|---|
| 852 | 861 | | |
|---|
| 853 | 862 | | 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. |
|---|
| 854 | 863 | | |
|---|
| 855 | 864 | | 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. |
|---|
| 856 | 865 | | |
|---|
| 857 | 866 | | 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. |
|---|
| 858 | 867 | | |
|---|
| 859 | 868 | | 7. Administer and enforce this article. |
|---|
| 860 | 869 | | |
|---|
| 861 | 870 | | 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: |
|---|
| 862 | 871 | | |
|---|
| 863 | 872 | | 1. All information privacy and security measures and submission standards established by the department of public safety. |
|---|
| 864 | 873 | | |
|---|
| 865 | 874 | | 2. The information technology security policy approved by the department of public safety. END_STATUTE |
|---|