REFERENCE TITLE: chiropractic; specialties; business entities State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2876 Introduced by Representative Liguori An Act amending sections 32-900, 32-904, 32-921 and 32-922.02, Arizona Revised Statutes; amending title 32, chapter 8, article 2, Arizona Revised Statutes, by adding section 32-922.04; amending section 32-923, Arizona Revised Statutes; amending title 32, chapter 8, article 2, Arizona Revised Statutes, by adding section 32-923.01; amending sections 32-934, 41-619.51, 41-1758 and 41-1758.01, Arizona Revised Statutes; relating to the state board of chiropractic examiners. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: chiropractic; specialties; business entities
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HB 2876
Introduced by Representative Liguori
REFERENCE TITLE: chiropractic; specialties; business entities
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HB 2876
Introduced by
Representative Liguori
An Act
amending sections 32-900, 32-904, 32-921 and 32-922.02, Arizona Revised Statutes; amending title 32, chapter 8, article 2, Arizona Revised Statutes, by adding section 32-922.04; amending section 32-923, Arizona Revised Statutes; amending title 32, chapter 8, article 2, Arizona Revised Statutes, by adding section 32-923.01; amending sections 32-934, 41-619.51, 41-1758 and 41-1758.01, Arizona Revised Statutes; relating to the state board of chiropractic examiners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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 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. "Certification" means that a doctor of chiropractic has been certified by the board in a specialty of chiropractic as provided by law. 4. "Chiropractic assistant" means an unlicensed person 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. "Doctor of chiropractic", "chiropractor" or "chiropractic physician" means a natural person who holds a license to practice chiropractic pursuant to this chapter. 6. "License" means a license to practice chiropractic. 7. "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. 8. "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 32-904, 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. At least once each fiscal year and before establishing the amount of a fee for the subsequent fiscal year, review the amount of each fee authorized in this chapter in a public hearing. 5. Establish rules for the purposes of establishing guidelines for a preceptorship training program that allows a student to practice chiropractic under the supervision of a board-approved preceptor. 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. 3. Section 32-921, Arizona Revised Statutes, is amended to read: START_STATUTE32-921. Application for license; qualifications of applicant; fee; fingerprinting requirements 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 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. 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 the later of January 1, 2026 or when approved by the federal bureau of investigation, an applicant for an initial license, license renewal, reinstatement of a license, a temporary license or business entity registration or renewal pursuant to this chapter shall obtain a valid fingerprint clearance card issued pursuant to section 41-1758.03. For a business entity, each officer and director of the business entity shall obtain a fingerprint clearance card. END_STATUTE Sec. 4. Section 32-922.02, Arizona Revised Statutes, is amended to read: START_STATUTE32-922.02. Specialties; certification; registry A. In order to practice a chiropractic specialty a licensee shall be certified in that specialty by the board. B. The state board of chiropractic examiners shall have practice oversight authority for all postdoctorate chiropractic specialties. A chiropractic physician may not represent to the public that the chiropractic physician is a specialist in any area unless the chiropractic physician is registered with the state board of chiropractic examiners. The state board of chiropractic examiners by rule may allow for any specialty that meets the requirements of the recognized chiropractic specialty programs of the federation of chiropractic licensing boards. The state board of chiropractic examiners shall review all postdoctorate specialty applications and shall approve those applications that meet state board of chiropractic examiners requirements. The state board of chiropractic examiners shall maintain a registry listing all chiropractic physicians who have specialty applications approved by the state board of chiropractic examiners. B. C. 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 doctor of chiropractic degree program. 2. A complete application as prescribed by the board. 3. Documentation of having passed a board-approved acupuncture examination. C. D. 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 doctor of chiropractic degree program. 3. Documentation of having passed an examination in physical medicine modalities and therapeutic procedures that is approved by the board. D. E. 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. F. 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. G. 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. 5. Title 32, chapter 8, article 2, Arizona Revised Statutes, is amended by adding section 32-922.04, to read: START_STATUTE32-922.04. Temporary licensure; applicant requirements; revocation A. To apply for a temporary license to practice as a doctor of chiropractic temporarily in this state, an applicant shall provide evidence satisfactory to the board that the applicant: 1. Has submitted an application in the manner and form determined by the board. 2. Has paid all applicable fees relative to the licensure process as determined by the board, including the nonrefundable application fee as determined by the board in rule. 3. Graduated and received a professional degree in chiropractic from a chiropractic education program that is approved by the board. 4. Passed the Arizona jurisprudence examination with at least a seventy-five percent. 5. Passed the board-approved competency examination or examinations. 6. Actively practiced chiropractic in another state or jurisdiction for at least five of the immediately preceding seven years. 7. Has not had any adverse disciplinary action taken against a professional license issued by another state or jurisdiction. 8. Has or is in the process of obtaining a valid fingerprint clearance card issued pursuant to section 41-1758.03 as required by section 32-921. B. A temporary chiropractic license shall be issued at the discretion of and under the procedures set forth by the board in rule. The temporary license may not exceed a period of six months. The temporary license shall stipulate a place or setting where the chiropractic services can be provided and a date or dates when the chiropractic services can be provided and may contain other terms or limits deemed appropriate by the board. C. The board may suspend, deny, revoke or restrict a temporary license if any circumstance specified in subsection A of this section changes or the doctor of chiropractic violates any provision of this chapter. D. Failure of a temporary licensee to obtain a valid fingerprint clearance card results in automatic revocation of the temporary license and does not require a vote by the board. END_STATUTE Sec. 6. Section 32-923, Arizona Revised Statutes, is amended to read: START_STATUTE32-923. Licensees and registrants; change of information; renewal; fee; failure to renew; waivers; definition A. Every Each person who is licensed or registered pursuant to this chapter shall notify the board in writing of any change in the person's legal name, residence or office address, and telephone number and employment within thirty ten days after that change. Each licensee or registrant shall provide a primary mailing address to the board for all official board notices and documents to be delivered. A chiropractic assistant shall also notify the board of any change in the chiropractic assistant's supervising chiropractor. The board shall impose a civil penalty of $50 not more than $100 on a licensee or registrant who does not notify the board as required by this subsection. B. Except as provided in section 32-4301, every 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. B. Except as provided in section 32-4301, a person who holds an active, inactive or retired license or registration shall apply to renew the license or registration on or before the last day of the birth month of the licensee or registrant every other year as follows: 1. In each odd-numbered year if the licensee or registrant holds an odd-numbered license. 2. In each even-number year if the licensee or registrant holds an even-numbered license. C. Each applicant for license or registration renewal shall pay the renewal fee adopted by the board in rule. D. The board shall send a notice to renew at least ninety days before the licensee's or registrant's expiration date. Notice to renew is fully effective by mail or electronic notice to the licensee's or registrant's last known mailing address or last known email address of record in the board's file. Notice is complete at the time of deposit in the mail or when the email is sent. E. The board may not renew the license of a licensee who does not fully document the licensee's compliance with the continuing education requirements of section 32-931 unless the licensee receives a waiver of those requirements. The board may waive the continuing education requirements of section 32-931 for a particular period if the board is satisfied that the licensee's noncompliance was due to the licensee's disability, military service or absence from the United States or due to other circumstances beyond the control of the licensee. If a licensee fails to attend the required number of hours of continuing education for reasons other than those specified in this subsection, the board may grant an extension for up to six months for the licensee to comply. A licensee must request a waiver of the continuing education requirements before the license expiration date. C. F. The board shall administratively suspend a license automatically thirty days after the license expiration date if the licensee does not submit a complete application for renewal and pay the renewal license fee as required by this section. Unless the board grants an extension pursuant to subsection E of this section, a licensee who fails to renew the license within thirty days after the renewal date shall pay a reinstatement fee, as prescribed by the board in rule, in addition to the prescribed renewal fee. Except as provided in sections 32-3202 and 32-4301, A license expires if the licensee does not renew the license within six months after the renewal date. A person who practices chiropractic after that time is in violation of this chapter. A person whose license expires may reapply for a license pursuant to this chapter. 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. G. 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. 7. Title 32, chapter 8, article 2, Arizona Revised Statutes, is amended by adding section 32-923.01, to read: START_STATUTE32-923.01. Licensees; retired status; fee waiver; reinstatement A. The board may waive the annual renewal license fee and continuing education requirements if a licensee presents evidence satisfactory to the board that the licensee has permanently retired from the practice of chiropractic in this and all other jurisdictions and has paid all fees required by this chapter before the waiver. B. During the period of waiver, the retired licensee may not engage in the practice of chiropractic. A violation of this subsection subjects the retired licensee to the same penalties as are imposed under this chapter on a person who practices chiropractic without a license. C. The board may reinstate a retired licensee to active status on 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. The licensee shall produce evidence of having completed twelve hours of continuing education if the license has been on retirement status for not more than one year or twenty-four hours of continuing education if the license has been on retirement status more than one year. The licensee shall submit payment for the full annual license renewal fee plus a license reinstatement fee as prescribed by the board in rule. After reinstatement, the licensee shall comply with The continuing education requirements under section 32-931. D. In addition to meeting the requirements of subsection C of this section, a licensee 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 with a score of at least seventy-five percent and pass the Arizona chiropractic examiners jurisprudence examination with a score of at least seventy-five percent before being reinstated to active license status. E. After a hearing, the board may refuse to reinstate a retired licensee to active practice under this section on any of the grounds prescribed in section 32-924.END_STATUTE Sec. 8. Section 32-934, Arizona Revised Statutes, is amended to read: START_STATUTE32-934. Business entities; registration; fees; medical records protocol; civil penalty; exemptions; rules; violation; classification A. A business entity may not offer chiropractic services pursuant to this chapter unless: 1. The entity is registered with the board pursuant to this section and rules adopted pursuant to this chapter. 2. The services are conducted by a doctor of chiropractic who is licensed pursuant to this chapter. B. The business entity must file a registration application and pay a fee as prescribed by the board by rule. C. Each officer or director of a business entity must obtain a fingerprint clearance carD issued pursuant to section 41-1758.03 as required by section 32-921. C. D. The registration expires on June 1 of each year of a business entity expires every two years on the last day of THE month in which the original application was approved. A business entity that wishes to renew a registration must submit an application for renewal as prescribed by the board on an annual basis every two years before the expiration date and pay a renewal fee as prescribed by the board by rule. The board shall prorate the renewal fee for the first year registration renewal based on the first day of the month that the business entity was registered with the board. The board shall send a renewal notice at least ninety days before the business entity license expiration date. Notice to renew is fully effective by mail or electronic notice to the business entity's last known mailing address or last known email address of record in the board's file. Notice is complete at the time of deposit in the mail or when the email is sent. An A business entity that fails to renew the registration before the expiration date is subject to a late fee as prescribed by the board by rule. D. E. A business entity must notify the board in writing within thirty ten days after any change: 1. In the business entity's name, address or telephone number. 2. In the business entity's officers or directors. 3. In the name of any doctor of chiropractic who is authorized to provide and who is responsible for providing or supervising the provision of chiropractic services in any facility. E. F. The board shall impose a civil penalty as prescribed by the board by rule on a business entity that does not notify the board as required by subsection D E of this section. F. G. A business entity must comply with this chapter and board rules. G. H. A business entity must establish a written protocol for the secure storage, transfer and access of the medical records of the business entity's patients. This protocol must include, at a minimum, procedures for: 1. Notifying patients of the future locations of their records if the business entity terminates or sells the practice. 2. Disposing of unclaimed medical records. 3. The timely response to requests by patients or their representatives for copies of their records. H. I. A business entity must notify the board within thirty ten days after the entity's dissolution or the closing or relocation of any facility and must disclose to the board the business entity's procedure by which its patients may obtain their records. I. J. The board may impose discipline consistent with this chapter if an a business entity violates any statute or board rule. J. K. The board shall deposit, pursuant to sections 35-146 and 35-147, civil penalties collected pursuant to this section in the state general fund. K. L. This section does not apply to: 1. A facility owned by a person who is licensed pursuant to this chapter chiropractor. 2. A sole proprietorship or partnership that consists exclusively of persons who are licensed pursuant to this chapter chiropractors. 3. A professional corporation or professional limited liability company, the shares of which are owned by persons who are licensed pursuant to this chapter exclusively owned by chiropractors, that is formed to engage in the practice of chiropractic pursuant to title 10, chapter 20 or title 29 relating to professional limited liability companies. 4. An administrator or executor of the estate of a deceased doctor of chiropractic or a person who is legally authorized to act for a doctor of chiropractic who has been adjudicated to be mentally incompetent for not more than one year after the date of the doctor of chiropractic's death or incapacitation. 5. A health care institution that is licensed pursuant to title 36. 6. A health professional who is not licensed pursuant to this chapter but who acts within the scope of practice as prescribed by the health professional's regulatory board. M. This section does not authorize a licensee in the course of providing chiropractic services for a business entity registered pursuant to this section to disregard or interfere with a policy or practice established by the business entity for the operation and management of the business. N. This section does not authorize a business entity registered pursuant to this section to establish or enforce a business policy or practice that may interfere with the clinical judgment of the licensee in providing chiropractic services for the business entity or may compromise a licensee's ability to comply with this chapter. O. The board shall adopt rules that provide a method for the board to receive the assistance and advice of business entities registered pursuant to this chapter in all matters relating to the regulation of business entities. P. An individual whose license to practice chiropractic in this state or any other state or jurisdiction in the United States is currently surrendered or revoked may not have a majority ownership interest in a business entity registered pursuant to this section. A chiropractor who is affected by this subsection has one year after the surrender or revocation of the chiropractor's license to divest of the chiropractor's ownership interest. This subsection does not apply to publicly held companies. For the purposes of this subsection, "majority ownership interest" means an ownership interest greater than fifty percent. L. Q. A business entity that offers chiropractic services pursuant to this chapter without complying with the registration requirements of this section is guilty of a class 6 felony. END_STATUTE Sec. 9. 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. 10. 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. 11. 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
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 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. "Certification" means that a doctor of chiropractic has been certified by the board in a specialty of chiropractic as provided by law.
4. "Chiropractic assistant" means an unlicensed person 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. "Doctor of chiropractic", "chiropractor" or "chiropractic physician" means a natural person who holds a license to practice chiropractic pursuant to this chapter.
6. "License" means a license to practice chiropractic.
7. "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.
8. "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 32-904, 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. At least once each fiscal year and before establishing the amount of a fee for the subsequent fiscal year, review the amount of each fee authorized in this chapter in a public hearing.
5. Establish rules for the purposes of establishing guidelines for a preceptorship training program that allows a student to practice chiropractic under the supervision of a board-approved preceptor.
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. 3. Section 32-921, Arizona Revised Statutes, is amended to read:
START_STATUTE32-921. Application for license; qualifications of applicant; fee; fingerprinting requirements
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 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.
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 the later of January 1, 2026 or when approved by the federal bureau of investigation, an applicant for an initial license, license renewal, reinstatement of a license, a temporary license or business entity registration or renewal pursuant to this chapter shall obtain a valid fingerprint clearance card issued pursuant to section 41-1758.03. For a business entity, each officer and director of the business entity shall obtain a fingerprint clearance card. END_STATUTE
Sec. 4. Section 32-922.02, Arizona Revised Statutes, is amended to read:
START_STATUTE32-922.02. Specialties; certification; registry
A. In order to practice a chiropractic specialty a licensee shall be certified in that specialty by the board.
B. The state board of chiropractic examiners shall have practice oversight authority for all postdoctorate chiropractic specialties. A chiropractic physician may not represent to the public that the chiropractic physician is a specialist in any area unless the chiropractic physician is registered with the state board of chiropractic examiners. The state board of chiropractic examiners by rule may allow for any specialty that meets the requirements of the recognized chiropractic specialty programs of the federation of chiropractic licensing boards. The state board of chiropractic examiners shall review all postdoctorate specialty applications and shall approve those applications that meet state board of chiropractic examiners requirements. The state board of chiropractic examiners shall maintain a registry listing all chiropractic physicians who have specialty applications approved by the state board of chiropractic examiners.
B. C. 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 doctor of chiropractic degree program.
2. A complete application as prescribed by the board.
3. Documentation of having passed a board-approved acupuncture examination.
C. D. 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 doctor of chiropractic degree program.
3. Documentation of having passed an examination in physical medicine modalities and therapeutic procedures that is approved by the board.
D. E. 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. F. 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. G. 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. 5. Title 32, chapter 8, article 2, Arizona Revised Statutes, is amended by adding section 32-922.04, to read:
START_STATUTE32-922.04. Temporary licensure; applicant requirements; revocation
A. To apply for a temporary license to practice as a doctor of chiropractic temporarily in this state, an applicant shall provide evidence satisfactory to the board that the applicant:
1. Has submitted an application in the manner and form determined by the board.
2. Has paid all applicable fees relative to the licensure process as determined by the board, including the nonrefundable application fee as determined by the board in rule.
3. Graduated and received a professional degree in chiropractic from a chiropractic education program that is approved by the board.
4. Passed the Arizona jurisprudence examination with at least a seventy-five percent.
5. Passed the board-approved competency examination or examinations.
6. Actively practiced chiropractic in another state or jurisdiction for at least five of the immediately preceding seven years.
7. Has not had any adverse disciplinary action taken against a professional license issued by another state or jurisdiction.
8. Has or is in the process of obtaining a valid fingerprint clearance card issued pursuant to section 41-1758.03 as required by section 32-921.
B. A temporary chiropractic license shall be issued at the discretion of and under the procedures set forth by the board in rule. The temporary license may not exceed a period of six months. The temporary license shall stipulate a place or setting where the chiropractic services can be provided and a date or dates when the chiropractic services can be provided and may contain other terms or limits deemed appropriate by the board.
C. The board may suspend, deny, revoke or restrict a temporary license if any circumstance specified in subsection A of this section changes or the doctor of chiropractic violates any provision of this chapter.
D. Failure of a temporary licensee to obtain a valid fingerprint clearance card results in automatic revocation of the temporary license and does not require a vote by the board. END_STATUTE
Sec. 6. Section 32-923, Arizona Revised Statutes, is amended to read:
START_STATUTE32-923. Licensees and registrants; change of information; renewal; fee; failure to renew; waivers; definition
A. Every Each person who is licensed or registered pursuant to this chapter shall notify the board in writing of any change in the person's legal name, residence or office address, and telephone number and employment within thirty ten days after that change. Each licensee or registrant shall provide a primary mailing address to the board for all official board notices and documents to be delivered. A chiropractic assistant shall also notify the board of any change in the chiropractic assistant's supervising chiropractor. The board shall impose a civil penalty of $50 not more than $100 on a licensee or registrant who does not notify the board as required by this subsection.
B. Except as provided in section 32-4301, every 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.
B. Except as provided in section 32-4301, a person who holds an active, inactive or retired license or registration shall apply to renew the license or registration on or before the last day of the birth month of the licensee or registrant every other year as follows:
1. In each odd-numbered year if the licensee or registrant holds an odd-numbered license.
2. In each even-number year if the licensee or registrant holds an even-numbered license.
C. Each applicant for license or registration renewal shall pay the renewal fee adopted by the board in rule.
D. The board shall send a notice to renew at least ninety days before the licensee's or registrant's expiration date. Notice to renew is fully effective by mail or electronic notice to the licensee's or registrant's last known mailing address or last known email address of record in the board's file. Notice is complete at the time of deposit in the mail or when the email is sent.
E. The board may not renew the license of a licensee who does not fully document the licensee's compliance with the continuing education requirements of section 32-931 unless the licensee receives a waiver of those requirements. The board may waive the continuing education requirements of section 32-931 for a particular period if the board is satisfied that the licensee's noncompliance was due to the licensee's disability, military service or absence from the United States or due to other circumstances beyond the control of the licensee. If a licensee fails to attend the required number of hours of continuing education for reasons other than those specified in this subsection, the board may grant an extension for up to six months for the licensee to comply. A licensee must request a waiver of the continuing education requirements before the license expiration date.
C. F. The board shall administratively suspend a license automatically thirty days after the license expiration date if the licensee does not submit a complete application for renewal and pay the renewal license fee as required by this section. Unless the board grants an extension pursuant to subsection E of this section, a licensee who fails to renew the license within thirty days after the renewal date shall pay a reinstatement fee, as prescribed by the board in rule, in addition to the prescribed renewal fee. Except as provided in sections 32-3202 and 32-4301, A license expires if the licensee does not renew the license within six months after the renewal date. A person who practices chiropractic after that time is in violation of this chapter. A person whose license expires may reapply for a license pursuant to this chapter.
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. G. 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. 7. Title 32, chapter 8, article 2, Arizona Revised Statutes, is amended by adding section 32-923.01, to read:
START_STATUTE32-923.01. Licensees; retired status; fee waiver; reinstatement
A. The board may waive the annual renewal license fee and continuing education requirements if a licensee presents evidence satisfactory to the board that the licensee has permanently retired from the practice of chiropractic in this and all other jurisdictions and has paid all fees required by this chapter before the waiver.
B. During the period of waiver, the retired licensee may not engage in the practice of chiropractic. A violation of this subsection subjects the retired licensee to the same penalties as are imposed under this chapter on a person who practices chiropractic without a license.
C. The board may reinstate a retired licensee to active status on 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. The licensee shall produce evidence of having completed twelve hours of continuing education if the license has been on retirement status for not more than one year or twenty-four hours of continuing education if the license has been on retirement status more than one year. The licensee shall submit payment for the full annual license renewal fee plus a license reinstatement fee as prescribed by the board in rule. After reinstatement, the licensee shall comply with The continuing education requirements under section 32-931.
D. In addition to meeting the requirements of subsection C of this section, a licensee 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 with a score of at least seventy-five percent and pass the Arizona chiropractic examiners jurisprudence examination with a score of at least seventy-five percent before being reinstated to active license status.
E. After a hearing, the board may refuse to reinstate a retired licensee to active practice under this section on any of the grounds prescribed in section 32-924.END_STATUTE
Sec. 8. Section 32-934, Arizona Revised Statutes, is amended to read:
START_STATUTE32-934. Business entities; registration; fees; medical records protocol; civil penalty; exemptions; rules; violation; classification
A. A business entity may not offer chiropractic services pursuant to this chapter unless:
1. The entity is registered with the board pursuant to this section and rules adopted pursuant to this chapter.
2. The services are conducted by a doctor of chiropractic who is licensed pursuant to this chapter.
B. The business entity must file a registration application and pay a fee as prescribed by the board by rule.
C. Each officer or director of a business entity must obtain a fingerprint clearance carD issued pursuant to section 41-1758.03 as required by section 32-921.
C. D. The registration expires on June 1 of each year of a business entity expires every two years on the last day of THE month in which the original application was approved. A business entity that wishes to renew a registration must submit an application for renewal as prescribed by the board on an annual basis every two years before the expiration date and pay a renewal fee as prescribed by the board by rule. The board shall prorate the renewal fee for the first year registration renewal based on the first day of the month that the business entity was registered with the board. The board shall send a renewal notice at least ninety days before the business entity license expiration date. Notice to renew is fully effective by mail or electronic notice to the business entity's last known mailing address or last known email address of record in the board's file. Notice is complete at the time of deposit in the mail or when the email is sent. An A business entity that fails to renew the registration before the expiration date is subject to a late fee as prescribed by the board by rule.
D. E. A business entity must notify the board in writing within thirty ten days after any change:
1. In the business entity's name, address or telephone number.
2. In the business entity's officers or directors.
3. In the name of any doctor of chiropractic who is authorized to provide and who is responsible for providing or supervising the provision of chiropractic services in any facility.
E. F. The board shall impose a civil penalty as prescribed by the board by rule on a business entity that does not notify the board as required by subsection D E of this section.
F. G. A business entity must comply with this chapter and board rules.
G. H. A business entity must establish a written protocol for the secure storage, transfer and access of the medical records of the business entity's patients. This protocol must include, at a minimum, procedures for:
1. Notifying patients of the future locations of their records if the business entity terminates or sells the practice.
2. Disposing of unclaimed medical records.
3. The timely response to requests by patients or their representatives for copies of their records.
H. I. A business entity must notify the board within thirty ten days after the entity's dissolution or the closing or relocation of any facility and must disclose to the board the business entity's procedure by which its patients may obtain their records.
I. J. The board may impose discipline consistent with this chapter if an a business entity violates any statute or board rule.
J. K. The board shall deposit, pursuant to sections 35-146 and 35-147, civil penalties collected pursuant to this section in the state general fund.
K. L. This section does not apply to:
1. A facility owned by a person who is licensed pursuant to this chapter chiropractor.
2. A sole proprietorship or partnership that consists exclusively of persons who are licensed pursuant to this chapter chiropractors.
3. A professional corporation or professional limited liability company, the shares of which are owned by persons who are licensed pursuant to this chapter exclusively owned by chiropractors, that is formed to engage in the practice of chiropractic pursuant to title 10, chapter 20 or title 29 relating to professional limited liability companies.
4. An administrator or executor of the estate of a deceased doctor of chiropractic or a person who is legally authorized to act for a doctor of chiropractic who has been adjudicated to be mentally incompetent for not more than one year after the date of the doctor of chiropractic's death or incapacitation.
5. A health care institution that is licensed pursuant to title 36.
6. A health professional who is not licensed pursuant to this chapter but who acts within the scope of practice as prescribed by the health professional's regulatory board.
M. This section does not authorize a licensee in the course of providing chiropractic services for a business entity registered pursuant to this section to disregard or interfere with a policy or practice established by the business entity for the operation and management of the business.
N. This section does not authorize a business entity registered pursuant to this section to establish or enforce a business policy or practice that may interfere with the clinical judgment of the licensee in providing chiropractic services for the business entity or may compromise a licensee's ability to comply with this chapter.
O. The board shall adopt rules that provide a method for the board to receive the assistance and advice of business entities registered pursuant to this chapter in all matters relating to the regulation of business entities.
P. An individual whose license to practice chiropractic in this state or any other state or jurisdiction in the United States is currently surrendered or revoked may not have a majority ownership interest in a business entity registered pursuant to this section. A chiropractor who is affected by this subsection has one year after the surrender or revocation of the chiropractor's license to divest of the chiropractor's ownership interest. This subsection does not apply to publicly held companies. For the purposes of this subsection, "majority ownership interest" means an ownership interest greater than fifty percent.
L. Q. A business entity that offers chiropractic services pursuant to this chapter without complying with the registration requirements of this section is guilty of a class 6 felony. END_STATUTE
Sec. 9. 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. 10. 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. 11. 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