Senate Engrossed health profession regulatory boards; membership State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 SENATE BILL 1235 AN ACT Amending sections 32-802, 32-901, 32-1203, 32-1402, 32-1502, 32-1602, 32-1672, 32-1702, 32-1801, 32-1902, 32-2002, 32-2062 and 32-2502, Arizona Revised Statutes; amending title 32, Arizona Revised Statutes, by adding chapter 27; amending sections 32-2902, 32-3252, 32-3402, 32-3502, 32-3902, 32-4102, 32-4202 and 36-446.02, Arizona Revised Statutes; relating to health profession regulatory boards. (TEXT OF BILL BEGINS ON NEXT PAGE)
Senate Engrossed health profession regulatory boards; membership
State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
SENATE BILL 1235
Senate Engrossed
health profession regulatory boards; membership
State of Arizona
Senate
Fifty-seventh Legislature
First Regular Session
2025
SENATE BILL 1235
AN ACT
Amending sections 32-802, 32-901, 32-1203, 32-1402, 32-1502, 32-1602, 32-1672, 32-1702, 32-1801, 32-1902, 32-2002, 32-2062 and 32-2502, Arizona Revised Statutes; amending title 32, Arizona Revised Statutes, by adding chapter 27; amending sections 32-2902, 32-3252, 32-3402, 32-3502, 32-3902, 32-4102, 32-4202 and 36-446.02, Arizona Revised Statutes; relating to health profession regulatory boards.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 32-802, Arizona Revised Statutes, is amended to read: START_STATUTE32-802. State board of podiatry examiners; members; compensation; employees; immunity A. The state board of podiatry examiners is established consisting of five members who are appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. B. Each member shall be appointed for a term of five years, to begin and end on February 1. B. C. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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. C. D. Three members One member of the board shall have practiced podiatry continuously in this state for not less than at least two years immediately preceding appointment and shall have a valid licenses license to practice podiatry. Two members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of podiatry in this state or who have a valid license to practice podiatry and are not currently practicing. Two members of the board shall be lay persons laypersons. All members of the board shall be citizens of the United States. D. E. A vacancy on the board occurring other than by the expiration of a term shall be filled by appointment by the governor for the unexpired term. E. F. All appointments shall be made promptly, and in the case of the vacancy of a professional member or members, appointment shall be made no later than ninety days from the expiration of the term or vacancy. F. G. The term of any member, at the discretion of the board, may end and the office be declared vacant for the member's failure to attend three consecutive meetings of the board. G. H. Members of the board shall receive compensation of fifty dollars $50 for each day of actual service in the business of the board. H. I. Subject to title 41, chapter 4, article 4, the board may employ personnel, including trained investigators, as it deems necessary to carry out the purposes of this chapter. I. J. Members and personnel of the board are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter. END_STATUTE Sec. 2. Section 32-901, Arizona Revised Statutes, is amended to read: START_STATUTE32-901. State board of chiropractic examiners; members; removal; immunity A. The state board of chiropractic examiners is established consisting of three five members who are appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. B. Two members of the board who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of chiropractic in this state or who have a valid license to practice chiropractic and are not currently practicing. One member of the board shall be a licensed chiropractors chiropractor and two members of the board shall be consumer members who are appointed by the governor. One Each member shall be appointed each year for a term of five years, to begin and end on July 1. B. C. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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. C. D. Each member of the board shall be a resident of this state, and each of the licensed chiropractic members member shall have practiced chiropractic in this state for three years or more. The two consumer members of the board shall not be in any manner connected with, or have an interest in, any college or school of chiropractic or any person practicing any form of healing or treatment of bodily or mental ailments. A board member shall not receive compensation as an agent or employee of or a contractor for an insurance company. This subsection does not prevent a the board member who is a licensed chiropractor from receiving compensation from an insurance company for patient care as provided for in a patient's insurance policy. D. E. Before taking office, each board member shall take an oath prescribed by law and shall affirm by oath that the board member meets the qualifications as prescribed in this section. E. F. The governor may remove board members for neglect of duty, malfeasance or misfeasance in office. Vacancies occurring on the board other than by expiration of a term shall be filled for the unexpired portion of the term by appointment in the same manner as regular appointments. F. G. A member of the board may not serve more than two consecutive terms. G. H. A board member who acts within the board member's authority is personally immune from civil liability with respect to all actions taken in good faith pursuant to this chapter. END_STATUTE Sec. 3. Section 32-1203, Arizona Revised Statutes, is amended to read: START_STATUTE32-1203. State board of dental examiners; members; qualifications; terms A. The state board of dental examiners is established consisting of six one licensed dentists dentist, two one licensed dental hygienists hygienist, two four public members and one business entity member who are appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. B. Each member of the board is appointed for a term of four years, to begin and end on January 1. B. C. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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. C. D. The business entity member and the public members may participate in all board proceedings and determinations, except in preparing, giving or grading examinations for licensure. The dental hygienist board members member may participate in all board proceedings and determinations, except in preparing, giving and grading examinations that do not relate to dental hygiene procedures. D. E. A board member shall not serve more than two consecutive terms. E. F. For the purposes of this section, the business entity member must be an employee or owner of a registered business entity pursuant to section 32-1213 and may not include a person who is licensed pursuant to this chapter. END_STATUTE Sec. 4. Section 32-1402, Arizona Revised Statutes, is amended to read: START_STATUTE32-1402. Arizona medical board; members; appointment; qualifications; term; removal; compensation; immunity; report A. The Arizona medical board is established. The board consists of twelve members, four of whom shall represent the public, and eight four of whom shall be are actively practicing medicine and four of whom have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of medicine in this state or who have a valid license to practice medicine and are not currently practicing. One of the four public members shall be a licensed practical nurse or a professional nurse, as defined in chapter 15 of this title, with at least five years' experience. The eight physicians must be from at least three different counties of the this state. Not more than five of the board members may be from any one county. Members of the board are appointed by the governor. All appointments shall be made promptly. The governor shall make all appointments pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. B. Except as provided in subsection A of this section, each doctor of medicine who is appointed to the board shall have been a resident of this state and actively engaged in the practice of medicine as a licensed physician in this state for at least the five years before appointment. C. The term of office of a member of the board is five years, commencing on July 1 and terminating on July 1 of the fifth year. Each member is eligible for reappointment for not more than one additional term. However, the term of office for a member of the board appointed to fill a vacancy occasioned other than by expiration of a full term is for the unexpired portion of that term. Each member may be appointed only once to fill a vacancy caused other than by expiration of a term. The governor may reappoint that member to not more than two additional full terms. Each member of the board shall continue to hold office until the appointment and qualification of that member's successor, subject to the following exceptions: 1. A member of the board, after notice and a hearing before the governor, may be removed on a finding by the governor of continued neglect of duty, incompetence, or unprofessional or dishonorable conduct, in which event that member's term shall end when the governor makes this finding. 2. The term of any member automatically ends: (a) On death. (b) On written resignation submitted to the board chairman or to the governor. (c) On absence from the this state for a period of more than six months. (d) For failure to attend three consecutive meetings of the board. (e) Five years after retirement from the active practice of medicine. D. The board shall annually elect, from among its membership, a chairman chairperson, a vice-chairman vice chairperson and a secretary, who shall hold their respective offices at the pleasure of the board. E. Board members are eligible to receive compensation in the amount of up to two hundred fifty dollars $250 per day for each day of actual service in the business of the board, including time spent in preparation for and attendance at board meetings, and all expenses necessarily and properly incurred in attending meetings of the board. F. Members of the board are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter. G. The board shall submit a written report to the governor, the Arizona regulatory board of physician assistants and the members of the health and human services committee of the senate and the health committee of the house of representatives, or their successor committees, no not later than August 31 of each year on the board's licensing and disciplinary activities for the previous fiscal year. The report must include both of the following: 1. Information regarding staff turnover that indicates whether the person was temporary, part-time or full-time and in which department or division the person worked. 2. The number of investigators who have been hired and how many of them have completed the investigator training program required by section 32-1405. H. Public members appointed to the board may submit a separate written report to the governor by on or before August 31 of each year setting forth their comments relative to the board's licensing and disciplinary activities for the previous fiscal year. END_STATUTE Sec. 5. Section 32-1502, Arizona Revised Statutes, is amended to read: START_STATUTE32-1502. Naturopathic physicians medical board; members; appointment; qualifications; terms; immunity A. The naturopathic physicians medical board is established consisting of the following members: 1. Four two physician members who are appointed by the governor. Each physician member shall be: (a) A resident of this state for at least five years immediately preceding the appointment. (b) A doctor of naturopathic medicine with a degree from a naturopathic school or college approved by the board who has engaged in full-time practice of naturopathic medicine for at least five years immediately preceding the appointment. 2. Two members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of naturopathic medicine in this state or who have a valid license to practice naturopathic medicine and are not currently practicing. 2. 3. Three public members appointed by the governor. Each public member shall: (a) Be a resident of this state for at least five years immediately preceding the appointment. (b) Not be connected, in any manner, with or have any interest in a school of medicine, a health care institution or any person practicing any form of healing or treatment of bodily or mental ailments. (c) Demonstrate an interest in the health problems in this state. B. All members of the board shall be appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. B. C. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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. C. D. The terms of office of the physician members and the public members are five years to begin and end on June 30. Each physician member and each public member continue to hold office until the appointment and qualification of their successors, subject to the following exceptions: 1. A member of the board may be removed from office if the governor finds the member was guilty of malfeasance, misfeasance or dishonorable conduct. 2. The term of any member automatically ends on resignation, permanent removal from this state or removal from this state for a period of more than six months. D. E. There shall be no monetary liability on the part of and no cause of action shall arise against the members of the board, the secretary-treasurer or permanent or temporary personnel of the board for any act done or proceeding undertaken or performed in good faith and in furtherance of the purposes of this chapter. END_STATUTE Sec. 6. Section 32-1602, Arizona Revised Statutes, is amended to read: START_STATUTE32-1602. Arizona state board of nursing; members; terms; immunity A. The Arizona state board of nursing is established consisting of eleven members who are appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. B. Six members shall be registered nurses, including at least one registered nurse practitioner, clinical nurse specialist or certified registered nurse anesthetist. One member shall be a nursing assistant or a nursing assistant educator. Two members shall represent the public and two members shall be licensed practical nurses. At least fifty percent of the licensed or certified members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and former licensees who are retired from the practice of nursing in this state or who have a valid license to practice nursing and are not currently practicing. Members shall be appointed for a term of five years, to begin and end on June 30. B. C. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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. C. D. On or before May 1 each year and at any other time a vacancy on the board occurs, the governor shall make an appointment or appointments to the board. An appointment to fill a vacancy other than by expiration shall be for the unexpired term. A person shall not serve more than two consecutive terms as a member of the board. D. E. The governor may remove any person from the board for neglect of any duty imposed by law or for incompetency or unprofessional or dishonorable conduct. E. F. A board member's term automatically ends: 1. On the death of the member. 2. On the member's written resignation submitted to the board president or to the governor. 3. On the member's failure to attend three consecutive board meetings. F. G. A board member who acts within the scope of board duties, without malice and in the reasonable belief that the member's action is warranted by law is not subject to civil liability. END_STATUTE Sec. 7. Section 32-1672, Arizona Revised Statutes, is amended to read: START_STATUTE32-1672. State board of dispensing opticians; members; qualifications; terms; removal; immunity A. The state board of dispensing opticians is established consisting of seven members who are appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. B. Five Three members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired in this state or who have a valid license to practice and are not currently practicing. Two members shall be licensees in good standing under this chapter. Two members of the board shall be public members. B. C. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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. C. D. Each member shall serve for a term of five years expiring on the first day in January of the appropriate year. A member shall not serve for more than two complete consecutive terms. D. E. The board shall elect from among its membership a chairman chairperson and such other officers as it deems necessary, who shall hold their offices at the pleasure of the board. E. F. Members of the board are eligible to receive compensation in the amount of fifty dollars $50 for each day of actual service in the business of the board. F. G. The governor may remove a board member from office if the governor determines that the member is guilty of malfeasance, misfeasance or dishonorable conduct. G. H. The board, the secretary-treasurer of the board and permanent and temporary board personnel are immune from civil liability for any act the board, its officers and board personnel perform in good faith and in furtherance of this chapter. END_STATUTE Sec. 8. Section 32-1702, Arizona Revised Statutes, is amended to read: START_STATUTE32-1702. State board of optometry; members; appointment; qualifications; terms; removal; meetings A. The state board of optometry is established consisting of the following members who are appointed by the governor to staggered four-year terms that end on July 1: 1. Five Three members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of optometry in this state or who have a valid license to practice optometry and are not currently practicing. 2. Two members who have been licensed and engaged in the active practice of optometry in this state for at least three years immediately before the appointment. 2. 3. Two Four public members who do not have a direct or indirect interest in the practice of optometry, opticianry or medicine. B. The members of the board shall be appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. B. C. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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. C. D. The governor may remove any professional member for incompetency or unprofessional conduct or if the member's license has been revoked or suspended or if the member has been censured or placed on probation. The governor may remove any member for neglect of duty or improper conduct. The unexcused absence of a member for more than two consecutive meetings is justification for removal. Appointment by the governor to fill a vacancy caused other than by expiration of a term is for the unexpired portion of the term. D. E. A member of the board is ineligible to serve more than two consecutive full terms. The completion of the unexpired portion of a full term does not constitute a full term for purposes of this subsection. E. F. The board shall conduct regular meetings at least six times each year at times and places designated by the board or the governor. Special meetings may be called that the president determines are necessary to carry out the functions of the board, including meetings using communications equipment that allows all members participating in the meetings to hear each other. F. G. A majority of the members of the board constitutes a quorum and a majority vote of a quorum present at any meeting governs all actions taken by the board. END_STATUTE Sec. 9. Section 32-1801, Arizona Revised Statutes, is amended to read: START_STATUTE32-1801. Arizona board of osteopathic examiners in medicine and surgery; members; qualifications; oath; removal A. The Arizona board of osteopathic examiners in medicine and surgery is established consisting of seven members who are appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. B. One Each member of the board shall be appointed each year for a term of five years, to begin and end on April 15. B. C. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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. C. D. Two members of the board shall be public members who shall are not be in any manner connected with, or do not have an interest in, any school of medicine or any person practicing any form of healing or treatment of bodily or mental ailments and who has have demonstrated an interest in the health problems of the this state. The other five Three members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of osteopathic medicine in this state or who have a valid license to practice osteopathic medicine and are not currently practicing. Two members shall have engaged in the practice of medicine as an osteopathic physician in this state for at least five years preceding their appointments, hold active licenses in good standing and, at the time of appointment, be practicing medicine with direct patient contact. In making appointments of each professional member of the board, the governor shall consider a list of qualified persons submitted by the Arizona osteopathic medical association and recommendations by any other person. Members of the board shall continue in office until their successors are appointed and qualified. Each board member, before entering on his the member's duties, shall take an oath prescribed by law and in addition thereto shall make an oath as to his the member's qualifications as prescribed in this section. No A board member may not serve more than two consecutive five year terms. D. E. The governor may remove a board members if they fail member who fails to attend three or more board meetings within twelve months. This does not include telephonic meetings of the board. The governor may also remove a board members member for malfeasance, misfeasance or incompetence in their office, unprofessional or dishonorable conduct in their office or unprofessional or dishonorable conduct. The governor shall appoint a qualified replacement to fill a vacant position for the unexpired portion of the term. END_STATUTE Sec. 10. Section 32-1902, Arizona Revised Statutes, is amended to read: START_STATUTE32-1902. Arizona state board of pharmacy; members; qualifications; terms; oath; immunity A. The Arizona state board of pharmacy is established consisting of the following members who are appointed by the governor: 1. Six Three pharmacists, at least one of whom is a pharmacist employed by a licensed hospital and at least one of whom is employed by a community pharmacy and engaged in the day-to-day practice of pharmacy. 2. One pharmacy technician. 3. Two Five public members. B. The members of the board shall be appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. B. C. To be qualified for appointment: 1. A pharmacist must be licensed as a pharmacist in this state or any other jurisdiction for a period of at least ten years and licensed as a pharmacist and a resident in this state for a period of at least five years immediately before the date of appointment. 2. Each public member must be a resident of this state for a period of at least five years immediately before the date of appointment. 3. A pharmacy technician must be a practicing pharmacy technician in this state or any other jurisdiction for at least five years and be licensed as a pharmacy technician and a resident of this state for at least five years immediately before the date of appointment. A pharmacy technician appointed before July 1, 2009 does not have to meet the minimum five year licensure requirement of this paragraph. C. D. Each pharmacist and pharmacy technician member shall serve for a term of five years. Public members may serve for a term of five years unless removed by the governor. The public members shall after the first of every year present a written report to the governor. Vacancies occurring on the board other than by expiration of term of office shall be filled for the unexpired portion of the term only. D. E. On or before January 15 of each year in which a pharmacist or a pharmacy technician is to be appointed, the executive director of the pharmacy association of Arizona may submit to the governor a list of the names of at least seven of its members who have been nominated by the association, and who meet the requirements as provided in this section for the next occurring vacancy on the board. The governor may make appointments of licensed pharmacists and pharmacy technicians to the board from the nominees on the list or from others having the necessary qualifications. E. F. Appointees to the board within thirty days after their appointment shall take and subscribe to an oath or affirmation, before a properly qualified officer, that they will faithfully and impartially perform the duties of their office. The executive director shall file the oath or affirmation with the secretary of state. F. G. Members of the board are personally exempt from suit with respect to all acts done and actions taken in good faith and in furtherance of this chapter. END_STATUTE Sec. 11. Section 32-2002, Arizona Revised Statutes, is amended to read: START_STATUTE32-2002. Board of physical therapy; members; appointment; qualifications; terms; removal; reimbursement; immunity A. The board of physical therapy is established consisting of members who are appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. B. Four Two members shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of physical therapy in this state or who have a valid license to practice physical therapy and are not currently practicing. Two members shall be physical therapists who are residents of this state, possess an unrestricted license to practice physical therapy in this state and have been practicing in this state for at least five years before their appointment. One member shall be a physical therapist assistant who is a resident of this state, possesses an unrestricted license issued pursuant to this chapter and has been performing selected interventions in this state for at least five years before the person's appointment. The governor shall also appoint two public members who are residents of this state and who are not affiliated with, and do not have a financial interest in, any health care profession but who have an interest in consumer rights. B. C. Board members serve staggered four-year terms. Board members shall not serve for more than two successive four-year terms or for more than ten consecutive years. By approval of a majority of the board, a member's service may extend at the completion of a four-year term until a new member is appointed or the current member is reappointed. C. D. If requested by the board, the governor may remove a board member for misconduct, incompetence or neglect of duty. D. E. Board members are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2 to cover necessary expenses for attending each board meeting or for representing the board in an official board approved board-approved activity. E. F. A board member who acts within the scope of board duties, without malice and in the reasonable belief that the person's action is warranted by law is immune from civil liability. END_STATUTE Sec. 12. Section 32-2062, Arizona Revised Statutes, is amended to read: START_STATUTE32-2062. State board of psychologist examiners; members; qualifications; appointments; terms; compensation; immunity A. The state board of psychologist examiners is established consisting of ten members who are appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. B. Each member of the board shall be a citizen of the United States and a resident of this state at the time of appointment. Seven Three members shall be licensed pursuant to this chapter. , and four members shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired in this state or who have a valid license under this chapter and are not currently practicing. Three members shall be public members who are not eligible for licensure. The board shall have at all times, except for the period when a vacancy exists, at least two members who are one member who is licensed as psychologists a psychologist and who are is a full-time faculty members from universities member from a university in this state with a doctoral program in psychology that meets the requirements of section 32-2071, at least three two members who are psychologists in professional practice and at least two members who are one member who is a behavior analysts analyst in professional practice and who are members is a member of the committee on behavior analysts. The public members shall not have a substantial financial interest in the health care industry and shall not have a household member who is eligible for licensure under this chapter. C. Each member shall serve for a term of five years beginning and ending on the third Monday in January. D. A vacancy on the board occurring other than by the expiration of term shall be filled by appointment by the governor for the unexpired term as provided in subsection C of this section. The governor, after a hearing, may remove any member of the board for misconduct, incompetency or neglect of duty. E. Board members shall receive compensation in the amount of one hundred dollars $100 for each cumulative eight hours of actual service in the business of the board and reimbursement of all expenses pursuant to title 38, chapter 4, article 2. F. Members of the board and its employees, consultants and test examiners are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter. END_STATUTE Sec. 13. Section 32-2502, Arizona Revised Statutes, is amended to read: START_STATUTE32-2502. Arizona regulatory board of physician assistants; members; appointment; terms; immunity A. The Arizona regulatory board of physician assistants is established consisting of the following members: 1. Five physician assistants who hold a current regular license pursuant to this chapter. The governor may appoint these members from a list of qualified candidates submitted by the Arizona state association of physician assistants. The governor may seek additional input and nominations before the governor makes the physician assistant appointments. 2. Two public members who are appointed by the governor. 3. Two physicians who are actively engaged in the practice of medicine and who are licensed pursuant to chapter 17 of this title, one of whom supervises or collaborates with a physician assistant at the time of appointment, and who are appointed by the governor. 4. Two physicians who are actively engaged in the practice of medicine and who are is licensed pursuant to chapter 13 of this title, one of whom supervises or collaborates with a physician assistant at the time of appointment, and who are appointed by the governor. B. The members of the board shall be appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. C. Notwithstanding subsection A of this section, at least fifty percent of the licensed members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from practice in this state or who have a valid license to practice and are not currently practicing. B. D. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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. C. E. The term of office of members of the board is four years, to begin and end on July 1. D. F. Each board member is eligible for appointment to not more than two full terms, except that the term of office for a member who is appointed to fill a vacancy that is not caused by the expiration of a full term is for the unexpired portion of that term and the governor may reappoint that member to not more than two additional full terms. Each board member may continue to hold office until the appointment and qualification of that member's successor. The governor may remove a member after notice and a hearing on a finding of continued neglect of duty, incompetence or unprofessional or dishonorable conduct. That member's term ends when the finding is made. E. G. A board member's term automatically ends: 1. On written resignation submitted to the board chairperson or to the governor. 2. If the member is absent from this state for more than six months during a one-year period. 3. If the member fails to attend three consecutive regular board meetings. 4. Except as provided in subsection C of this section, five years after retirement from active practice. F. H. Board members are immune from civil liability for all good faith actions they take pursuant to this chapter. END_STATUTE Sec. 14. Title 32, Arizona Revised Statutes, is amended by adding chapter 27, to read: CHAPTER 27 HEALTH PROFESSION REGULATORY BOARD OVERSIGHT COUNCIL ARTICLE 1. OVERSIGHT COUNCIL START_STATUTE32-2701. Definitions In this article, unless the context otherwise requires: 1. "Health professional" means a person who is certified or licensed pursuant to chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 25, 29, 33, 34, 35, 39, 41 or 42 of this title or title 36, chapter 4, article 6. 2. "Health profession regulatory board" means any board that regulates one or more health professionals in this state. 3. "Market-sensitive action" means actions or decisions by a health profession regulatory board that create barriers to market participation and restrict competition, including: (a) Modifying examination passage scores. (b) adopting or modifying advertising restrictions. (c) Changing fees or civil penalties. (d) Expanding or restricting the scope of practice of a licensee or certificate holder. (e) demonstrating a pattern of disciplinary or discriminatory actions that create barriers to market participation.END_STATUTE START_STATUTE32-2702. Health profession regulatory board oversight council; appointment; terms A. The health profession regulatory board oversight council is established consisting of three members, each of whom is a current executive director of a health profession regulatory board. The governor shall appoint each member of the oversight council by lot and in the presence of all current executive directors of the health profession regulatory boards. The initial oversight council members shall be appointed on or before January 1, 2026 for staggered three-year terms. An executive director may not serve on the oversight council for at least two full terms before reappointment. An executive director may not refuse appointment to the council. B. An executive director of a HEALTH profession regulatory board who is serving on the oversight council may not review or oversee any matter relating to that executive director's health profession regulatory board. C. Oversight council members may use their own board staff and facilities to facilitate the business of the oversight council. END_STATUTE START_STATUTE32-2703. Oversight council duties A. The oversight council shall review and approve or deny market-sensitive action taken or decisions made by a health profession regulatory board on and after January 1, 2026. the oversight council shall meet at least once each month unless there is no business for the oversight council to consider. B. A HEALTH profession regulatory board shall forward any market-sensitive action taken or decision made to the oversight council for review. The oversight council may receive information relating to market-sensitive actions taken or decisions made by a health profession regulatory board from any licensee, certificate holder or other affected person. The oversight council shall notify the health profession regulatory board within ten business days after receiving a request to review an alleged market-sensitive action. The oversight council shall either agree with the action taken or decision made or refer the issue back to the health profession regulatory board for reconsideration within ninety days after receiving the market-sensitive action for review. The oversight council's decision shall include a summary of the decision and the justification for the decision. END_STATUTE Sec. 15. Section 32-2902, Arizona Revised Statutes, is amended to read: START_STATUTE32-2902. Board of homeopathic and integrated medicine examiners; members; terms; removal; immunity A. The board of homeopathic and integrated medicine examiners is established consisting of the following members who are appointed by the governor: 1. Two public members. 2. Until January 1, 2017, four members who are licensed pursuant to section 32-2912, subsection A. 3. 2. Beginning January 1, 2017, five Three members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of homeopathic medicine in this state or who have a valid license to practice homeopathic medicine and are not currently practicing. 3. Two members who are licensed pursuant to this chapter, one of whom is licensed pursuant to section 32-2912, subsection B. B. The members of the board shall be appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. B. C. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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. C. D. Board members serve staggered three-year terms ending on June 30. Board members shall not serve more than three consecutive terms. A board member may continue to serve until that member's replacement takes office. D. E. Board members shall be residents of this state for at least three consecutive years immediately before their appointment. E. F. The governor may remove a board member from office because of that member's neglect of duty, malfeasance, misfeasance, incompetence or unprofessional or dishonorable conduct. F. G. A board member's term of office automatically ends if that member is absent from this state for more than six months or if that member fails to attend three consecutive regularly scheduled board meetings. G. H. Board members and board employees are immune from civil liability for any good faith action they take to implement this chapter. END_STATUTE Sec. 16. Section 32-3252, Arizona Revised Statutes, is amended to read: START_STATUTE32-3252. Board of behavioral health examiners; members; appointment; qualifications; terms; compensation; immunity; training program A. The board of behavioral health examiners is established consisting of the following members who are appointed by the governor: 1. The following professional members: (a) Two members who are licensed in social work pursuant to this chapter, at least one of whom is a licensed clinical social worker. (b) Two members who are licensed in counseling pursuant to this chapter, at least one of whom is a licensed professional counselor. (c) Two members who are licensed in marriage and family therapy pursuant to this chapter, at least one of whom is a licensed marriage and family therapist. (d) Two members who are licensed in addiction counseling pursuant to this chapter, at least one of whom is a licensed independent addiction counselor. 2. Four public members. B. The members of the board shall be appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. C. Notwithstanding subsection A of this section, at least fifty percent of the licensed members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and former licensees who are retired from practice in this state or who have a valid license to practice and are not currently practicing. B. D. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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. C. E. Each professional board member shall: 1. Be a resident of this state for at least one year before appointment. 2. Except as provided in subsection C of this section, be an active licensee in good standing. 3. Have at least five years of experience in an area of behavioral health licensed pursuant to this chapter. D. F. Each public board member shall: 1. Be a resident of this state for at least one year before appointment. 2. Be at least twenty-one years of age. 3. Not be licensed or eligible for licensure pursuant to this chapter unless the public member has been retired from active practice for at least five years. 4. Not currently have a substantial financial interest in an entity that directly provides behavioral health services. 5. Not have a household member who is licensed or eligible for licensure pursuant to this chapter unless the household member has been retired from active practice for at least five years. E. G. The term of office of board members is three years, to begin and end on the third Monday in January. A member shall not serve more than two full consecutive terms. F. H. The board shall annually elect a chairman chairperson and secretary-treasurer from its membership. G. I. Board members are eligible to receive compensation of not more than $85 for each day actually and necessarily spent in the performance of their duties. H. J. Board members and personnel are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter. I. K. Each board member must complete a twelve-hour training program that emphasizes responsibilities for administrative management, licensure, judicial processes and temperament within one year after appointment to the board. END_STATUTE Sec. 17. Section 32-3402, Arizona Revised Statutes, is amended to read: START_STATUTE32-3402. Board of occupational therapy examiners; members; qualifications; terms; compensation; immunity A. The board of occupational therapy examiners is established and consists of five members who are appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. B. Each board member shall be a resident of the this state at the time of appointment. The governor shall appoint the following members: 1. Two persons who are not engaged, directly or indirectly, in the provision of health care services to serve as public members. The other three 2. two members shall have who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of occupational therapy in this state or who have a valid license to practice occupational therapy and are not currently practicing. 3. One member who has at least three years of experience in occupational therapy or teaching in an accredited occupational therapy education program in this state immediately before appointment and shall be who is licensed under this chapter. C. The governor may select board members from a list of licensees submitted by the Arizona occupational therapy association, inc. or any other appropriate organization. B. D. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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. C. E. The term of office of board members is three years to begin and end on the third Monday in January. A member shall not serve more than two consecutive terms. D. F. The board, at its first regular meeting after the start of each calendar year and as necessary, shall elect a chairperson and other officers from among its members. The board shall meet at least once each quarter in compliance with the open meeting requirements of title 38, chapter 3, article 3.1 and shall keep an official record of these meetings. Other meetings may be convened at the call of the chairperson or the written request of any two board members. A majority of the members of the board shall constitute a quorum. E. G. Each member of the board is eligible to receive compensation in the amount of one hundred dollars $100 for each regular or special board meeting the member attends and is eligible for reimbursement for all expenses necessarily and properly incurred in attending board meetings. F. H. A board member is immune from civil liability for any actions that are within the scope of the board member's duties if they are taken without malice and in the reasonable belief that they are warranted by law. END_STATUTE Sec. 18. Section 32-3502, Arizona Revised Statutes, is amended to read: START_STATUTE32-3502. Board of respiratory care examiners; members; appointment; qualifications; removal A. The board of respiratory care examiners is established consisting of seven members who are appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. B. Each board member shall be a resident of this state at the time of appointment. The governor shall appoint: 1. Three licensed respiratory care practitioners, at least one of whom is a technical director of a respiratory care department or respiratory care corporation or an officer or faculty member of a college, school or institution engaged in respiratory therapy education and at least one of whom is involved in direct patient care. 2. A physician who is licensed pursuant to chapter 13 or 17 of this title and who is knowledgeable in respiratory care. 3. Two public members who are not engaged, directly or indirectly, in the provision of health care services. 4. One hospital administrator. C. Notwithstanding subsection B of this section, at least fifty percent of the licensed members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from practice in this state or who have a valid license to practice and are not currently practicing. B. D. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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. C. E. Except as provided in subsection C of this section, the respiratory care practitioner members shall: 1. Have at least five years of experience in respiratory care or respiratory therapy education. 2. Have been employed actively in direct patient care, respiratory therapy education or management or supervision of respiratory care for at least three years immediately preceding appointment. 3. Be licensed pursuant to this chapter. D. F. The governor may appoint the licensed respiratory care practitioners from a list of seven qualified persons submitted to the governor by the Arizona society for respiratory care. E. G. The governor may appoint the physician member from a list of three qualified persons submitted to the governor by the Arizona medical association and the Arizona osteopathic medical association. F. H. The governor may appoint the hospital administrator member from a list of three qualified persons submitted to the governor by the Arizona hospital association. G. I. The term of office of each member is three years, to begin and end on June 30. A member shall not serve for more than two consecutive terms. H. J. The governor may remove board members for neglect of duty, malfeasance or misfeasance. END_STATUTE Sec. 19. Section 32-3902, Arizona Revised Statutes, is amended to read: START_STATUTE32-3902. Acupuncture board of examiners; members; qualifications; terms; removal; compensation; immunity A. The acupuncture board of examiners is established consisting of the following members who are appointed by the governor: 1. Through January 16, 2022, four members who are licensed to practice acupuncture pursuant to this chapter and who have practiced acupuncture in this state or any other state for at least one year. Not more than two of these members may be graduates of the same school or college of acupuncture. The governor may make these appointments from a list of names submitted by a statewide acupuncture society. 2. Through January 17, 2022, three consumers who: (a) Are not employed in a health profession. (b) Do not have any pecuniary interest in a school of medicine or health care institution. (c) Demonstrate an interest in health issues in this state. 3. Through January 17, 2022, two members who are licensed pursuant to chapter 8, 13, 14, 17 or 29 of this title. These members shall not be licensed pursuant to the same chapter. 4. 1. Beginning January 17, 2022, One member who is certified or licensed to practice auricular acupuncture or acupuncture pursuant to this chapter. 5. 2. Beginning January 20, 2022, Three members who are licensed to practice acupuncture pursuant to this chapter and who have practiced acupuncture in this or any other state for at least one year. Not more than Two of these members may not be graduates of the same school or college of acupuncture. The governor may make these appointments from a list of names submitted by a statewide acupuncture society. 6. For appointments made on or after January 18, 2022, two 3. Two consumers who meet all of the following: (a) Are not employed in a health profession. (b) Do not have any pecuniary interest in a school of medicine or health care institution. (c) Demonstrate an interest in health issues in this state. 7. 4. For appointments made on or after January 18, 2022, One member who is licensed pursuant to chapter 8, 13, 14, 17 or 29 of this title. B. The members of the board shall be appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. C. Notwithstanding subsection A of this section, at least fifty percent of the licensed members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from practice in this state or who have a valid license to practice and are not currently practicing. B. D. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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. C. E. Board members shall be residents of this state for at least one year immediately preceding their appointment. D. F. Board members serve three-year terms to begin and end on the third Monday in January. A member shall not serve more than two consecutive terms. E. G. The board shall meet in January of each year to elect a chairperson and vice chairperson. F. H. The board shall meet quarterly and at the call of the chairperson or a majority of board members. G. I. Board members are eligible to receive compensation in an amount not to exceed $50 per day for each day of actual service in the business of the board and are eligible for reimbursement of expenses necessarily and properly incurred in attending board meetings. H. J. The governor may remove a board member from office for malfeasance, dishonorable conduct or unprofessional management of board duties. I. K. The term of any member automatically ends on resignation or absence from this state for a period of at least six months. The governor shall fill vacancies for an unexpired portion of a term in the same manner as regular appointments. J. L. Board members and board employees are not subject to civil liability for any act done or proceeding undertaken or performed in good faith and in furtherance of the purposes of this chapter. END_STATUTE Sec. 20. Section 32-4102, Arizona Revised Statutes, is amended to read: START_STATUTE32-4102. Board of athletic training; members; terms; removal; compensation; immunity A. The board of athletic training is established consisting of the following members who are appointed by the governor: 1. Three Two athletic trainers who both: (a) Are residents of this state. (b) Have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of athletic training in this state or who have a valid license to practice athletic training and are not currently practicing. 2. one member who are residents is a resident of this state, who possess possesses an unrestricted license to practice athletic training in this state and who have has been practicing in this state for at least five years immediately preceding their appointment. The governor may make these appointments from a list of names submitted by a statewide athletic training association or any other group or person. The initial three appointees are not required to be licensed pursuant to this chapter at the time of selection but shall meet all of the qualifications for licensure as prescribed by this chapter. 2. 3. Two public members who are residents of this state and who are not affiliated with and do not have any financial interest in any health care profession but who have an interest in consumer rights. B. The governor may make the appointments pursuant to subsection A, paragraphs 1 and 2 of this section from a list of names submitted by a statewide athletic training association or any other group or person. C. The members of the board shall be appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. B. D. Board members serve staggered five year five-year terms that begin and end on the third Monday in January. Board members shall not serve for more than two successive five year terms or for more than ten consecutive years. C. E. If requested by the board, the governor may remove a board member for misconduct, incompetence or neglect of duty. D. F. Board members are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2 to cover necessary expenses for attending each board meeting or for representing the board in an official board approved board-approved activity. E. G. A board member who acts within the scope of board duties, without malice and in the reasonable belief that the person's action is warranted by law is not subject to civil liability. END_STATUTE Sec. 21. Section 32-4202, Arizona Revised Statutes, is amended to read: START_STATUTE32-4202. Board of massage therapy; members; terms; compensation; immunity A. The board of massage therapy is established consisting of the following members appointed by the governor: 1. Two massage therapists who are residents of this state, who possess an unrestricted license to practice massage therapy in this state and who have been practicing in this state for at least five years immediately preceding their appointment. The governor may make these appointments from a list of names submitted by a statewide massage or bodywork therapy association, or both, or any other group or person. 2. Three public members who are residents of this state and who are not affiliated with and do not have any financial interest in any health care profession but who have an interest in consumer rights or have a background in compliance or law enforcement issues. At least one public member must be actively involved in programs or services that help to reduce or prevent human trafficking. B. All members of the board shall be appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. C. At least fifty percent of the licensed members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of massage therapy in this state or who have a valid license to practice massage therapy and are not currently practicing. B. D. Board members serve staggered five-year terms that begin and end on the third Monday in January. Board members shall not serve for more than two successive five-year terms or for more than ten consecutive years, except that the term of office for a member of the board appointed to fill a vacancy that occurs before the expiration of a full term is for the unexpired portion of that term, and the governor may reappoint that member to not more than two additional full terms. C. E. If requested by the board, the governor may remove a board member for misconduct, incompetence or neglect of duty. D. F. Board members are eligible to receive compensation in the amount of $100 per day for each day of actual service in the business of the board and for reimbursement of expenses pursuant to title 38, chapter 4, article 2 to cover necessary expenses for attending each board meeting or for representing the board in an official board approved activity. E. G. A board member who acts within the scope of board duties, without malice and in the reasonable belief that the member's action is warranted by law is not subject to civil liability. END_STATUTE Sec. 22. Section 36-446.02, Arizona Revised Statutes, is amended to read: START_STATUTE36-446.02. Board of examiners; members; terms; meetings; quorum; vacancies; compensation A. The board of examiners of nursing care institution administrators and assisted living facility managers is established consisting of eleven members who are appointed by the governor pursuant to section 38-211, except that: 1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote. 2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed. B. The board shall include: 1. One administrator who holds an active license issued pursuant to this article or who is retired. 2. One assisted living facility manager who holds an active license issued pursuant to this article or who is retired. 3. One administrator of a nonprofit or faith-based skilled nursing facility who either holds an active license issued pursuant to this article or who is retired. 4. One administrator of a proprietary skilled nursing facility who either holds an active license issued pursuant to this article or who is retired. 5. Two managers of an assisted living center who either hold an active license issued pursuant to this article or who are retired. 6. One manager of an assisted living home who either holds an active license issued pursuant to this article or who is retired. 7. One public member who represents an organization that advocates for the elderly. 8. One person who is a family member of either a resident or a person who was a resident in the previous three years in either a skilled nursing facility or an assisted living facility at the time the person is appointed to the board. 9. One person who is a current or former resident of a skilled nursing facility or an assisted living facility. 10. One public member who represents an organization that advocates for individuals with Alzheimer's disease, dementia or other related neurocognitive diseases or disorders. C. The board may not have more than three board members who are appointed pursuant to subsection B, paragraphs 1 through 6 of this section and who are retired. Each board member specified in subsection B, paragraphs 1 through 6 of this section who is retired must have had an active license issued pursuant to this article within the previous two years at the time of appointment to the board and may not have had any disciplinary action taken against the person's license or had a license issued pursuant to this article revoked. C. At least fifty percent of the licensed members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and former licensees who are retired from practice in this state or who have a valid license to practice and are not currently practicing. D. Board members who are not affiliated with a nursing care institution or an assisted living facility shall not have a direct financial interest in nursing care institutions or assisted living facilities. E. A board member shall not serve on any other board relating to long-term care during the member's term with the board. F. The term of a board member automatically ends when that member no longer meets the qualifications for appointment to the board. The board shall notify the governor of the board vacancy. G. Board members who are not affiliated with a nursing care institution or an assisted living facility shall be appointed for two-year terms. Board members who are the administrator of a nursing care institution or the manager of an assisted living facility shall be appointed for three-year terms. H. A board member shall not serve for more than two consecutive terms. I. The board shall meet at least twice a year. J. A majority of the board members constitutes a quorum. K. Board members are eligible to receive compensation as determined pursuant to section 38-611 for each day actually spent performing their duties under this chapter. L. A board member who is absent from three consecutive regular meetings or who fails to attend more than fifty percent of board meetings over the course of one calendar year vacates the board member's position. The board shall notify the governor of the vacancy. END_STATUTE Sec. 23. Health profession regulatory boards; report; intent; delayed repeal A. On or before November 1, 2025, each health profession regulatory board shall submit a report to the governor, the president of the senate and the speaker of the house of representatives, and shall provide a copy to the secretary of state, outlining the laws, rules and internal processes that dictate the following: 1. All requirements for each type of license or certificate issued by the board, including: (a) Education and training requirements. (b) Continuing education requirements. (c) Initial and renewal licensure and certification application processes and time frames. (d) Application and initial and renewal licensing and certification fees. (e) Required background checks and any offenses that would preclude licensure or certification. 2. How the board receives and investigates complaints and the types of disciplinary authority the board possesses, including appeal processes. 3. The number of full-time employees of the board and their corresponding duties. 4. Hiring, onboarding and termination of employees of the board. 5. A description of documents and discipline records retention. 6. A description of current contracts with third-party vendors and the services being provided by the vendors. 7. A description of board positions, including qualifications, term length and any prohibitions on consecutive appointments. B. This legislature intends that this report provide the legislature adequate information to facilitate the revision and consolidation of statutes governing each health profession regulatory board in an effort to create uniformity and consistency in application while allowing for necessary exceptions essential to the operation and regulatory authority of each board. C. This section is repealed from and after June 30, 2026. Sec. 24. Retention of members A. Notwithstanding section 32-802, Arizona Revised Statutes, as amended by this act, all persons serving as members of the state board of podiatry examiners on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. B. Notwithstanding section 32-901, Arizona Revised Statutes, as amended by this act, all persons serving as members of the state board of chiropractic examiners on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. C. Notwithstanding section 32-1203, Arizona Revised Statutes, as amended by this act, all persons serving as members of the state board of dental examiners on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. D. Notwithstanding section 32-1402, Arizona Revised Statutes, as amended by this act, all persons serving as members of the Arizona medical board on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. E. Notwithstanding section 32-1502, Arizona Revised Statutes, as amended by this act, all persons serving as members of the naturopathic physicians medical board on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. F. Notwithstanding section 32-1602, Arizona Revised Statutes, as amended by this act, all persons serving as members of the Arizona state board of nursing on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. G. Notwithstanding section 32-1672, Arizona Revised Statutes, as amended by this act, all persons serving as members of the state board of dispensing opticians on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. H. Notwithstanding section 32-1702, Arizona Revised Statutes, as amended by this act, all persons serving as members of the state board of optometry on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. I. Notwithstanding section 32-1801, Arizona Revised Statutes, as amended by this act, all persons serving as members of the Arizona board of osteopathic examiners in medicine and surgery on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. J. Notwithstanding section 32-1902, Arizona Revised Statutes, as amended by this act, all persons serving as members of the Arizona state board of pharmacy on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. K. Notwithstanding section 32-2002, Arizona Revised Statutes, as amended by this act, all persons serving as members of the board of physical therapy on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. L. Notwithstanding section 32-2062, Arizona Revised Statutes, as amended by this act, all persons serving as members of the state board of psychologist examiners on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. M. Notwithstanding section 32-2502, Arizona Revised Statutes, as amended by this act, all persons serving as members of the Arizona regulatory board of physician assistants on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. N. Notwithstanding section 32-2902, Arizona Revised Statutes, as amended by this act, all persons serving as members of the board of homeopathic and integrated medicine examiners on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. O. Notwithstanding section 32-3252, Arizona Revised Statutes, as amended by this act, all persons serving as members of the board of behavioral health examiners on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. P. Notwithstanding section 32-3402, Arizona Revised Statutes, as amended by this act, all persons serving as members of the board of occupational therapy examiners on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. Q. Notwithstanding section 32-3502, Arizona Revised Statutes, as amended by this act, all persons serving as members of the board of respiratory care examiners on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. R. Notwithstanding section 32-3902, Arizona Revised Statutes, as amended by this act, all persons serving as members of the acupuncture board of examiners on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. S. Notwithstanding section 32-4102, Arizona Revised Statutes, as amended by this act, all persons serving as members of the board of athletic training on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. T. Notwithstanding section 32-4202, Arizona Revised Statutes, as amended by this act, all persons serving as members of the board of massage therapy on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute. U. Notwithstanding section 36-446.02, Arizona Revised Statutes, as amended by this act, all persons serving as members of the board of examiners of nursing care institution administrators and assisted living facility managers on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-802, Arizona Revised Statutes, is amended to read:
START_STATUTE32-802. State board of podiatry examiners; members; compensation; employees; immunity
A. The state board of podiatry examiners is established consisting of five members who are appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
B. Each member shall be appointed for a term of five years, to begin and end on February 1.
B. C. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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.
C. D. Three members One member of the board shall have practiced podiatry continuously in this state for not less than at least two years immediately preceding appointment and shall have a valid licenses license to practice podiatry. Two members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of podiatry in this state or who have a valid license to practice podiatry and are not currently practicing. Two members of the board shall be lay persons laypersons. All members of the board shall be citizens of the United States.
D. E. A vacancy on the board occurring other than by the expiration of a term shall be filled by appointment by the governor for the unexpired term.
E. F. All appointments shall be made promptly, and in the case of the vacancy of a professional member or members, appointment shall be made no later than ninety days from the expiration of the term or vacancy.
F. G. The term of any member, at the discretion of the board, may end and the office be declared vacant for the member's failure to attend three consecutive meetings of the board.
G. H. Members of the board shall receive compensation of fifty dollars $50 for each day of actual service in the business of the board.
H. I. Subject to title 41, chapter 4, article 4, the board may employ personnel, including trained investigators, as it deems necessary to carry out the purposes of this chapter.
I. J. Members and personnel of the board are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter. END_STATUTE
Sec. 2. Section 32-901, Arizona Revised Statutes, is amended to read:
START_STATUTE32-901. State board of chiropractic examiners; members; removal; immunity
A. The state board of chiropractic examiners is established consisting of three five members who are appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
B. Two members of the board who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of chiropractic in this state or who have a valid license to practice chiropractic and are not currently practicing. One member of the board shall be a licensed chiropractors chiropractor and two members of the board shall be consumer members who are appointed by the governor. One Each member shall be appointed each year for a term of five years, to begin and end on July 1.
B. C. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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.
C. D. Each member of the board shall be a resident of this state, and each of the licensed chiropractic members member shall have practiced chiropractic in this state for three years or more. The two consumer members of the board shall not be in any manner connected with, or have an interest in, any college or school of chiropractic or any person practicing any form of healing or treatment of bodily or mental ailments. A board member shall not receive compensation as an agent or employee of or a contractor for an insurance company. This subsection does not prevent a the board member who is a licensed chiropractor from receiving compensation from an insurance company for patient care as provided for in a patient's insurance policy.
D. E. Before taking office, each board member shall take an oath prescribed by law and shall affirm by oath that the board member meets the qualifications as prescribed in this section.
E. F. The governor may remove board members for neglect of duty, malfeasance or misfeasance in office. Vacancies occurring on the board other than by expiration of a term shall be filled for the unexpired portion of the term by appointment in the same manner as regular appointments.
F. G. A member of the board may not serve more than two consecutive terms.
G. H. A board member who acts within the board member's authority is personally immune from civil liability with respect to all actions taken in good faith pursuant to this chapter. END_STATUTE
Sec. 3. Section 32-1203, Arizona Revised Statutes, is amended to read:
START_STATUTE32-1203. State board of dental examiners; members; qualifications; terms
A. The state board of dental examiners is established consisting of six one licensed dentists dentist, two one licensed dental hygienists hygienist, two four public members and one business entity member who are appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
B. Each member of the board is appointed for a term of four years, to begin and end on January 1.
B. C. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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.
C. D. The business entity member and the public members may participate in all board proceedings and determinations, except in preparing, giving or grading examinations for licensure. The dental hygienist board members member may participate in all board proceedings and determinations, except in preparing, giving and grading examinations that do not relate to dental hygiene procedures.
D. E. A board member shall not serve more than two consecutive terms.
E. F. For the purposes of this section, the business entity member must be an employee or owner of a registered business entity pursuant to section 32-1213 and may not include a person who is licensed pursuant to this chapter. END_STATUTE
Sec. 4. Section 32-1402, Arizona Revised Statutes, is amended to read:
START_STATUTE32-1402. Arizona medical board; members; appointment; qualifications; term; removal; compensation; immunity; report
A. The Arizona medical board is established. The board consists of twelve members, four of whom shall represent the public, and eight four of whom shall be are actively practicing medicine and four of whom have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of medicine in this state or who have a valid license to practice medicine and are not currently practicing. One of the four public members shall be a licensed practical nurse or a professional nurse, as defined in chapter 15 of this title, with at least five years' experience. The eight physicians must be from at least three different counties of the this state. Not more than five of the board members may be from any one county. Members of the board are appointed by the governor. All appointments shall be made promptly. The governor shall make all appointments pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
B. Except as provided in subsection A of this section, each doctor of medicine who is appointed to the board shall have been a resident of this state and actively engaged in the practice of medicine as a licensed physician in this state for at least the five years before appointment.
C. The term of office of a member of the board is five years, commencing on July 1 and terminating on July 1 of the fifth year. Each member is eligible for reappointment for not more than one additional term. However, the term of office for a member of the board appointed to fill a vacancy occasioned other than by expiration of a full term is for the unexpired portion of that term. Each member may be appointed only once to fill a vacancy caused other than by expiration of a term. The governor may reappoint that member to not more than two additional full terms. Each member of the board shall continue to hold office until the appointment and qualification of that member's successor, subject to the following exceptions:
1. A member of the board, after notice and a hearing before the governor, may be removed on a finding by the governor of continued neglect of duty, incompetence, or unprofessional or dishonorable conduct, in which event that member's term shall end when the governor makes this finding.
2. The term of any member automatically ends:
(a) On death.
(b) On written resignation submitted to the board chairman or to the governor.
(c) On absence from the this state for a period of more than six months.
(d) For failure to attend three consecutive meetings of the board.
(e) Five years after retirement from the active practice of medicine.
D. The board shall annually elect, from among its membership, a chairman chairperson, a vice-chairman vice chairperson and a secretary, who shall hold their respective offices at the pleasure of the board.
E. Board members are eligible to receive compensation in the amount of up to two hundred fifty dollars $250 per day for each day of actual service in the business of the board, including time spent in preparation for and attendance at board meetings, and all expenses necessarily and properly incurred in attending meetings of the board.
F. Members of the board are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter.
G. The board shall submit a written report to the governor, the Arizona regulatory board of physician assistants and the members of the health and human services committee of the senate and the health committee of the house of representatives, or their successor committees, no not later than August 31 of each year on the board's licensing and disciplinary activities for the previous fiscal year. The report must include both of the following:
1. Information regarding staff turnover that indicates whether the person was temporary, part-time or full-time and in which department or division the person worked.
2. The number of investigators who have been hired and how many of them have completed the investigator training program required by section 32-1405.
H. Public members appointed to the board may submit a separate written report to the governor by on or before August 31 of each year setting forth their comments relative to the board's licensing and disciplinary activities for the previous fiscal year. END_STATUTE
Sec. 5. Section 32-1502, Arizona Revised Statutes, is amended to read:
START_STATUTE32-1502. Naturopathic physicians medical board; members; appointment; qualifications; terms; immunity
A. The naturopathic physicians medical board is established consisting of the following members:
1. Four two physician members who are appointed by the governor. Each physician member shall be:
(a) A resident of this state for at least five years immediately preceding the appointment.
(b) A doctor of naturopathic medicine with a degree from a naturopathic school or college approved by the board who has engaged in full-time practice of naturopathic medicine for at least five years immediately preceding the appointment.
2. Two members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of naturopathic medicine in this state or who have a valid license to practice naturopathic medicine and are not currently practicing.
2. 3. Three public members appointed by the governor. Each public member shall:
(a) Be a resident of this state for at least five years immediately preceding the appointment.
(b) Not be connected, in any manner, with or have any interest in a school of medicine, a health care institution or any person practicing any form of healing or treatment of bodily or mental ailments.
(c) Demonstrate an interest in the health problems in this state.
B. All members of the board shall be appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
B. C. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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.
C. D. The terms of office of the physician members and the public members are five years to begin and end on June 30. Each physician member and each public member continue to hold office until the appointment and qualification of their successors, subject to the following exceptions:
1. A member of the board may be removed from office if the governor finds the member was guilty of malfeasance, misfeasance or dishonorable conduct.
2. The term of any member automatically ends on resignation, permanent removal from this state or removal from this state for a period of more than six months.
D. E. There shall be no monetary liability on the part of and no cause of action shall arise against the members of the board, the secretary-treasurer or permanent or temporary personnel of the board for any act done or proceeding undertaken or performed in good faith and in furtherance of the purposes of this chapter. END_STATUTE
Sec. 6. Section 32-1602, Arizona Revised Statutes, is amended to read:
START_STATUTE32-1602. Arizona state board of nursing; members; terms; immunity
A. The Arizona state board of nursing is established consisting of eleven members who are appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
B. Six members shall be registered nurses, including at least one registered nurse practitioner, clinical nurse specialist or certified registered nurse anesthetist. One member shall be a nursing assistant or a nursing assistant educator. Two members shall represent the public and two members shall be licensed practical nurses. At least fifty percent of the licensed or certified members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and former licensees who are retired from the practice of nursing in this state or who have a valid license to practice nursing and are not currently practicing. Members shall be appointed for a term of five years, to begin and end on June 30.
B. C. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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.
C. D. On or before May 1 each year and at any other time a vacancy on the board occurs, the governor shall make an appointment or appointments to the board. An appointment to fill a vacancy other than by expiration shall be for the unexpired term. A person shall not serve more than two consecutive terms as a member of the board.
D. E. The governor may remove any person from the board for neglect of any duty imposed by law or for incompetency or unprofessional or dishonorable conduct.
E. F. A board member's term automatically ends:
1. On the death of the member.
2. On the member's written resignation submitted to the board president or to the governor.
3. On the member's failure to attend three consecutive board meetings.
F. G. A board member who acts within the scope of board duties, without malice and in the reasonable belief that the member's action is warranted by law is not subject to civil liability. END_STATUTE
Sec. 7. Section 32-1672, Arizona Revised Statutes, is amended to read:
START_STATUTE32-1672. State board of dispensing opticians; members; qualifications; terms; removal; immunity
A. The state board of dispensing opticians is established consisting of seven members who are appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
B. Five Three members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired in this state or who have a valid license to practice and are not currently practicing. Two members shall be licensees in good standing under this chapter. Two members of the board shall be public members.
B. C. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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.
C. D. Each member shall serve for a term of five years expiring on the first day in January of the appropriate year. A member shall not serve for more than two complete consecutive terms.
D. E. The board shall elect from among its membership a chairman chairperson and such other officers as it deems necessary, who shall hold their offices at the pleasure of the board.
E. F. Members of the board are eligible to receive compensation in the amount of fifty dollars $50 for each day of actual service in the business of the board.
F. G. The governor may remove a board member from office if the governor determines that the member is guilty of malfeasance, misfeasance or dishonorable conduct.
G. H. The board, the secretary-treasurer of the board and permanent and temporary board personnel are immune from civil liability for any act the board, its officers and board personnel perform in good faith and in furtherance of this chapter. END_STATUTE
Sec. 8. Section 32-1702, Arizona Revised Statutes, is amended to read:
START_STATUTE32-1702. State board of optometry; members; appointment; qualifications; terms; removal; meetings
A. The state board of optometry is established consisting of the following members who are appointed by the governor to staggered four-year terms that end on July 1:
1. Five Three members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of optometry in this state or who have a valid license to practice optometry and are not currently practicing.
2. Two members who have been licensed and engaged in the active practice of optometry in this state for at least three years immediately before the appointment.
2. 3. Two Four public members who do not have a direct or indirect interest in the practice of optometry, opticianry or medicine.
B. The members of the board shall be appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
B. C. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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.
C. D. The governor may remove any professional member for incompetency or unprofessional conduct or if the member's license has been revoked or suspended or if the member has been censured or placed on probation. The governor may remove any member for neglect of duty or improper conduct. The unexcused absence of a member for more than two consecutive meetings is justification for removal. Appointment by the governor to fill a vacancy caused other than by expiration of a term is for the unexpired portion of the term.
D. E. A member of the board is ineligible to serve more than two consecutive full terms. The completion of the unexpired portion of a full term does not constitute a full term for purposes of this subsection.
E. F. The board shall conduct regular meetings at least six times each year at times and places designated by the board or the governor. Special meetings may be called that the president determines are necessary to carry out the functions of the board, including meetings using communications equipment that allows all members participating in the meetings to hear each other.
F. G. A majority of the members of the board constitutes a quorum and a majority vote of a quorum present at any meeting governs all actions taken by the board. END_STATUTE
Sec. 9. Section 32-1801, Arizona Revised Statutes, is amended to read:
START_STATUTE32-1801. Arizona board of osteopathic examiners in medicine and surgery; members; qualifications; oath; removal
A. The Arizona board of osteopathic examiners in medicine and surgery is established consisting of seven members who are appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
B. One Each member of the board shall be appointed each year for a term of five years, to begin and end on April 15.
B. C. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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.
C. D. Two members of the board shall be public members who shall are not be in any manner connected with, or do not have an interest in, any school of medicine or any person practicing any form of healing or treatment of bodily or mental ailments and who has have demonstrated an interest in the health problems of the this state. The other five Three members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of osteopathic medicine in this state or who have a valid license to practice osteopathic medicine and are not currently practicing. Two members shall have engaged in the practice of medicine as an osteopathic physician in this state for at least five years preceding their appointments, hold active licenses in good standing and, at the time of appointment, be practicing medicine with direct patient contact. In making appointments of each professional member of the board, the governor shall consider a list of qualified persons submitted by the Arizona osteopathic medical association and recommendations by any other person. Members of the board shall continue in office until their successors are appointed and qualified. Each board member, before entering on his the member's duties, shall take an oath prescribed by law and in addition thereto shall make an oath as to his the member's qualifications as prescribed in this section. No A board member may not serve more than two consecutive five year terms.
D. E. The governor may remove a board members if they fail member who fails to attend three or more board meetings within twelve months. This does not include telephonic meetings of the board. The governor may also remove a board members member for malfeasance, misfeasance or incompetence in their office, unprofessional or dishonorable conduct in their office or unprofessional or dishonorable conduct. The governor shall appoint a qualified replacement to fill a vacant position for the unexpired portion of the term. END_STATUTE
Sec. 10. Section 32-1902, Arizona Revised Statutes, is amended to read:
START_STATUTE32-1902. Arizona state board of pharmacy; members; qualifications; terms; oath; immunity
A. The Arizona state board of pharmacy is established consisting of the following members who are appointed by the governor:
1. Six Three pharmacists, at least one of whom is a pharmacist employed by a licensed hospital and at least one of whom is employed by a community pharmacy and engaged in the day-to-day practice of pharmacy.
2. One pharmacy technician.
3. Two Five public members.
B. The members of the board shall be appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
B. C. To be qualified for appointment:
1. A pharmacist must be licensed as a pharmacist in this state or any other jurisdiction for a period of at least ten years and licensed as a pharmacist and a resident in this state for a period of at least five years immediately before the date of appointment.
2. Each public member must be a resident of this state for a period of at least five years immediately before the date of appointment.
3. A pharmacy technician must be a practicing pharmacy technician in this state or any other jurisdiction for at least five years and be licensed as a pharmacy technician and a resident of this state for at least five years immediately before the date of appointment. A pharmacy technician appointed before July 1, 2009 does not have to meet the minimum five year licensure requirement of this paragraph.
C. D. Each pharmacist and pharmacy technician member shall serve for a term of five years. Public members may serve for a term of five years unless removed by the governor. The public members shall after the first of every year present a written report to the governor. Vacancies occurring on the board other than by expiration of term of office shall be filled for the unexpired portion of the term only.
D. E. On or before January 15 of each year in which a pharmacist or a pharmacy technician is to be appointed, the executive director of the pharmacy association of Arizona may submit to the governor a list of the names of at least seven of its members who have been nominated by the association, and who meet the requirements as provided in this section for the next occurring vacancy on the board. The governor may make appointments of licensed pharmacists and pharmacy technicians to the board from the nominees on the list or from others having the necessary qualifications.
E. F. Appointees to the board within thirty days after their appointment shall take and subscribe to an oath or affirmation, before a properly qualified officer, that they will faithfully and impartially perform the duties of their office. The executive director shall file the oath or affirmation with the secretary of state.
F. G. Members of the board are personally exempt from suit with respect to all acts done and actions taken in good faith and in furtherance of this chapter. END_STATUTE
Sec. 11. Section 32-2002, Arizona Revised Statutes, is amended to read:
START_STATUTE32-2002. Board of physical therapy; members; appointment; qualifications; terms; removal; reimbursement; immunity
A. The board of physical therapy is established consisting of members who are appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
B. Four Two members shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of physical therapy in this state or who have a valid license to practice physical therapy and are not currently practicing. Two members shall be physical therapists who are residents of this state, possess an unrestricted license to practice physical therapy in this state and have been practicing in this state for at least five years before their appointment. One member shall be a physical therapist assistant who is a resident of this state, possesses an unrestricted license issued pursuant to this chapter and has been performing selected interventions in this state for at least five years before the person's appointment. The governor shall also appoint two public members who are residents of this state and who are not affiliated with, and do not have a financial interest in, any health care profession but who have an interest in consumer rights.
B. C. Board members serve staggered four-year terms. Board members shall not serve for more than two successive four-year terms or for more than ten consecutive years. By approval of a majority of the board, a member's service may extend at the completion of a four-year term until a new member is appointed or the current member is reappointed.
C. D. If requested by the board, the governor may remove a board member for misconduct, incompetence or neglect of duty.
D. E. Board members are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2 to cover necessary expenses for attending each board meeting or for representing the board in an official board approved board-approved activity.
E. F. A board member who acts within the scope of board duties, without malice and in the reasonable belief that the person's action is warranted by law is immune from civil liability. END_STATUTE
Sec. 12. Section 32-2062, Arizona Revised Statutes, is amended to read:
START_STATUTE32-2062. State board of psychologist examiners; members; qualifications; appointments; terms; compensation; immunity
A. The state board of psychologist examiners is established consisting of ten members who are appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
B. Each member of the board shall be a citizen of the United States and a resident of this state at the time of appointment. Seven Three members shall be licensed pursuant to this chapter. , and four members shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired in this state or who have a valid license under this chapter and are not currently practicing. Three members shall be public members who are not eligible for licensure. The board shall have at all times, except for the period when a vacancy exists, at least two members who are one member who is licensed as psychologists a psychologist and who are is a full-time faculty members from universities member from a university in this state with a doctoral program in psychology that meets the requirements of section 32-2071, at least three two members who are psychologists in professional practice and at least two members who are one member who is a behavior analysts analyst in professional practice and who are members is a member of the committee on behavior analysts. The public members shall not have a substantial financial interest in the health care industry and shall not have a household member who is eligible for licensure under this chapter.
C. Each member shall serve for a term of five years beginning and ending on the third Monday in January.
D. A vacancy on the board occurring other than by the expiration of term shall be filled by appointment by the governor for the unexpired term as provided in subsection C of this section. The governor, after a hearing, may remove any member of the board for misconduct, incompetency or neglect of duty.
E. Board members shall receive compensation in the amount of one hundred dollars $100 for each cumulative eight hours of actual service in the business of the board and reimbursement of all expenses pursuant to title 38, chapter 4, article 2.
F. Members of the board and its employees, consultants and test examiners are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter. END_STATUTE
Sec. 13. Section 32-2502, Arizona Revised Statutes, is amended to read:
START_STATUTE32-2502. Arizona regulatory board of physician assistants; members; appointment; terms; immunity
A. The Arizona regulatory board of physician assistants is established consisting of the following members:
1. Five physician assistants who hold a current regular license pursuant to this chapter. The governor may appoint these members from a list of qualified candidates submitted by the Arizona state association of physician assistants. The governor may seek additional input and nominations before the governor makes the physician assistant appointments.
2. Two public members who are appointed by the governor.
3. Two physicians who are actively engaged in the practice of medicine and who are licensed pursuant to chapter 17 of this title, one of whom supervises or collaborates with a physician assistant at the time of appointment, and who are appointed by the governor.
4. Two physicians who are actively engaged in the practice of medicine and who are is licensed pursuant to chapter 13 of this title, one of whom supervises or collaborates with a physician assistant at the time of appointment, and who are appointed by the governor.
B. The members of the board shall be appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
C. Notwithstanding subsection A of this section, at least fifty percent of the licensed members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from practice in this state or who have a valid license to practice and are not currently practicing.
B. D. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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.
C. E. The term of office of members of the board is four years, to begin and end on July 1.
D. F. Each board member is eligible for appointment to not more than two full terms, except that the term of office for a member who is appointed to fill a vacancy that is not caused by the expiration of a full term is for the unexpired portion of that term and the governor may reappoint that member to not more than two additional full terms. Each board member may continue to hold office until the appointment and qualification of that member's successor. The governor may remove a member after notice and a hearing on a finding of continued neglect of duty, incompetence or unprofessional or dishonorable conduct. That member's term ends when the finding is made.
E. G. A board member's term automatically ends:
1. On written resignation submitted to the board chairperson or to the governor.
2. If the member is absent from this state for more than six months during a one-year period.
3. If the member fails to attend three consecutive regular board meetings.
4. Except as provided in subsection C of this section, five years after retirement from active practice.
F. H. Board members are immune from civil liability for all good faith actions they take pursuant to this chapter. END_STATUTE
Sec. 14. Title 32, Arizona Revised Statutes, is amended by adding chapter 27, to read:
CHAPTER 27
HEALTH PROFESSION REGULATORY BOARD OVERSIGHT COUNCIL
ARTICLE 1. OVERSIGHT COUNCIL
START_STATUTE32-2701. Definitions
In this article, unless the context otherwise requires:
1. "Health professional" means a person who is certified or licensed pursuant to chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 25, 29, 33, 34, 35, 39, 41 or 42 of this title or title 36, chapter 4, article 6.
2. "Health profession regulatory board" means any board that regulates one or more health professionals in this state.
3. "Market-sensitive action" means actions or decisions by a health profession regulatory board that create barriers to market participation and restrict competition, including:
(a) Modifying examination passage scores.
(b) adopting or modifying advertising restrictions.
(c) Changing fees or civil penalties.
(d) Expanding or restricting the scope of practice of a licensee or certificate holder.
(e) demonstrating a pattern of disciplinary or discriminatory actions that create barriers to market participation.END_STATUTE
START_STATUTE32-2702. Health profession regulatory board oversight council; appointment; terms
A. The health profession regulatory board oversight council is established consisting of three members, each of whom is a current executive director of a health profession regulatory board. The governor shall appoint each member of the oversight council by lot and in the presence of all current executive directors of the health profession regulatory boards. The initial oversight council members shall be appointed on or before January 1, 2026 for staggered three-year terms. An executive director may not serve on the oversight council for at least two full terms before reappointment. An executive director may not refuse appointment to the council.
B. An executive director of a HEALTH profession regulatory board who is serving on the oversight council may not review or oversee any matter relating to that executive director's health profession regulatory board.
C. Oversight council members may use their own board staff and facilities to facilitate the business of the oversight council. END_STATUTE
START_STATUTE32-2703. Oversight council duties
A. The oversight council shall review and approve or deny market-sensitive action taken or decisions made by a health profession regulatory board on and after January 1, 2026. the oversight council shall meet at least once each month unless there is no business for the oversight council to consider.
B. A HEALTH profession regulatory board shall forward any market-sensitive action taken or decision made to the oversight council for review. The oversight council may receive information relating to market-sensitive actions taken or decisions made by a health profession regulatory board from any licensee, certificate holder or other affected person. The oversight council shall notify the health profession regulatory board within ten business days after receiving a request to review an alleged market-sensitive action. The oversight council shall either agree with the action taken or decision made or refer the issue back to the health profession regulatory board for reconsideration within ninety days after receiving the market-sensitive action for review. The oversight council's decision shall include a summary of the decision and the justification for the decision. END_STATUTE
Sec. 15. Section 32-2902, Arizona Revised Statutes, is amended to read:
START_STATUTE32-2902. Board of homeopathic and integrated medicine examiners; members; terms; removal; immunity
A. The board of homeopathic and integrated medicine examiners is established consisting of the following members who are appointed by the governor:
1. Two public members.
2. Until January 1, 2017, four members who are licensed pursuant to section 32-2912, subsection A.
3. 2. Beginning January 1, 2017, five Three members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of homeopathic medicine in this state or who have a valid license to practice homeopathic medicine and are not currently practicing.
3. Two members who are licensed pursuant to this chapter, one of whom is licensed pursuant to section 32-2912, subsection B.
B. The members of the board shall be appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
B. C. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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.
C. D. Board members serve staggered three-year terms ending on June 30. Board members shall not serve more than three consecutive terms. A board member may continue to serve until that member's replacement takes office.
D. E. Board members shall be residents of this state for at least three consecutive years immediately before their appointment.
E. F. The governor may remove a board member from office because of that member's neglect of duty, malfeasance, misfeasance, incompetence or unprofessional or dishonorable conduct.
F. G. A board member's term of office automatically ends if that member is absent from this state for more than six months or if that member fails to attend three consecutive regularly scheduled board meetings.
G. H. Board members and board employees are immune from civil liability for any good faith action they take to implement this chapter. END_STATUTE
Sec. 16. Section 32-3252, Arizona Revised Statutes, is amended to read:
START_STATUTE32-3252. Board of behavioral health examiners; members; appointment; qualifications; terms; compensation; immunity; training program
A. The board of behavioral health examiners is established consisting of the following members who are appointed by the governor:
1. The following professional members:
(a) Two members who are licensed in social work pursuant to this chapter, at least one of whom is a licensed clinical social worker.
(b) Two members who are licensed in counseling pursuant to this chapter, at least one of whom is a licensed professional counselor.
(c) Two members who are licensed in marriage and family therapy pursuant to this chapter, at least one of whom is a licensed marriage and family therapist.
(d) Two members who are licensed in addiction counseling pursuant to this chapter, at least one of whom is a licensed independent addiction counselor.
2. Four public members.
B. The members of the board shall be appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
C. Notwithstanding subsection A of this section, at least fifty percent of the licensed members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and former licensees who are retired from practice in this state or who have a valid license to practice and are not currently practicing.
B. D. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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.
C. E. Each professional board member shall:
1. Be a resident of this state for at least one year before appointment.
2. Except as provided in subsection C of this section, be an active licensee in good standing.
3. Have at least five years of experience in an area of behavioral health licensed pursuant to this chapter.
D. F. Each public board member shall:
1. Be a resident of this state for at least one year before appointment.
2. Be at least twenty-one years of age.
3. Not be licensed or eligible for licensure pursuant to this chapter unless the public member has been retired from active practice for at least five years.
4. Not currently have a substantial financial interest in an entity that directly provides behavioral health services.
5. Not have a household member who is licensed or eligible for licensure pursuant to this chapter unless the household member has been retired from active practice for at least five years.
E. G. The term of office of board members is three years, to begin and end on the third Monday in January. A member shall not serve more than two full consecutive terms.
F. H. The board shall annually elect a chairman chairperson and secretary-treasurer from its membership.
G. I. Board members are eligible to receive compensation of not more than $85 for each day actually and necessarily spent in the performance of their duties.
H. J. Board members and personnel are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter.
I. K. Each board member must complete a twelve-hour training program that emphasizes responsibilities for administrative management, licensure, judicial processes and temperament within one year after appointment to the board. END_STATUTE
Sec. 17. Section 32-3402, Arizona Revised Statutes, is amended to read:
START_STATUTE32-3402. Board of occupational therapy examiners; members; qualifications; terms; compensation; immunity
A. The board of occupational therapy examiners is established and consists of five members who are appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
B. Each board member shall be a resident of the this state at the time of appointment. The governor shall appoint the following members:
1. Two persons who are not engaged, directly or indirectly, in the provision of health care services to serve as public members. The other three
2. two members shall have who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of occupational therapy in this state or who have a valid license to practice occupational therapy and are not currently practicing.
3. One member who has at least three years of experience in occupational therapy or teaching in an accredited occupational therapy education program in this state immediately before appointment and shall be who is licensed under this chapter.
C. The governor may select board members from a list of licensees submitted by the Arizona occupational therapy association, inc. or any other appropriate organization.
B. D. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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.
C. E. The term of office of board members is three years to begin and end on the third Monday in January. A member shall not serve more than two consecutive terms.
D. F. The board, at its first regular meeting after the start of each calendar year and as necessary, shall elect a chairperson and other officers from among its members. The board shall meet at least once each quarter in compliance with the open meeting requirements of title 38, chapter 3, article 3.1 and shall keep an official record of these meetings. Other meetings may be convened at the call of the chairperson or the written request of any two board members. A majority of the members of the board shall constitute a quorum.
E. G. Each member of the board is eligible to receive compensation in the amount of one hundred dollars $100 for each regular or special board meeting the member attends and is eligible for reimbursement for all expenses necessarily and properly incurred in attending board meetings.
F. H. A board member is immune from civil liability for any actions that are within the scope of the board member's duties if they are taken without malice and in the reasonable belief that they are warranted by law. END_STATUTE
Sec. 18. Section 32-3502, Arizona Revised Statutes, is amended to read:
START_STATUTE32-3502. Board of respiratory care examiners; members; appointment; qualifications; removal
A. The board of respiratory care examiners is established consisting of seven members who are appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
B. Each board member shall be a resident of this state at the time of appointment. The governor shall appoint:
1. Three licensed respiratory care practitioners, at least one of whom is a technical director of a respiratory care department or respiratory care corporation or an officer or faculty member of a college, school or institution engaged in respiratory therapy education and at least one of whom is involved in direct patient care.
2. A physician who is licensed pursuant to chapter 13 or 17 of this title and who is knowledgeable in respiratory care.
3. Two public members who are not engaged, directly or indirectly, in the provision of health care services.
4. One hospital administrator.
C. Notwithstanding subsection B of this section, at least fifty percent of the licensed members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from practice in this state or who have a valid license to practice and are not currently practicing.
B. D. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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.
C. E. Except as provided in subsection C of this section, the respiratory care practitioner members shall:
1. Have at least five years of experience in respiratory care or respiratory therapy education.
2. Have been employed actively in direct patient care, respiratory therapy education or management or supervision of respiratory care for at least three years immediately preceding appointment.
3. Be licensed pursuant to this chapter.
D. F. The governor may appoint the licensed respiratory care practitioners from a list of seven qualified persons submitted to the governor by the Arizona society for respiratory care.
E. G. The governor may appoint the physician member from a list of three qualified persons submitted to the governor by the Arizona medical association and the Arizona osteopathic medical association.
F. H. The governor may appoint the hospital administrator member from a list of three qualified persons submitted to the governor by the Arizona hospital association.
G. I. The term of office of each member is three years, to begin and end on June 30. A member shall not serve for more than two consecutive terms.
H. J. The governor may remove board members for neglect of duty, malfeasance or misfeasance. END_STATUTE
Sec. 19. Section 32-3902, Arizona Revised Statutes, is amended to read:
START_STATUTE32-3902. Acupuncture board of examiners; members; qualifications; terms; removal; compensation; immunity
A. The acupuncture board of examiners is established consisting of the following members who are appointed by the governor:
1. Through January 16, 2022, four members who are licensed to practice acupuncture pursuant to this chapter and who have practiced acupuncture in this state or any other state for at least one year. Not more than two of these members may be graduates of the same school or college of acupuncture. The governor may make these appointments from a list of names submitted by a statewide acupuncture society.
2. Through January 17, 2022, three consumers who:
(a) Are not employed in a health profession.
(b) Do not have any pecuniary interest in a school of medicine or health care institution.
(c) Demonstrate an interest in health issues in this state.
3. Through January 17, 2022, two members who are licensed pursuant to chapter 8, 13, 14, 17 or 29 of this title. These members shall not be licensed pursuant to the same chapter.
4. 1. Beginning January 17, 2022, One member who is certified or licensed to practice auricular acupuncture or acupuncture pursuant to this chapter.
5. 2. Beginning January 20, 2022, Three members who are licensed to practice acupuncture pursuant to this chapter and who have practiced acupuncture in this or any other state for at least one year. Not more than Two of these members may not be graduates of the same school or college of acupuncture. The governor may make these appointments from a list of names submitted by a statewide acupuncture society.
6. For appointments made on or after January 18, 2022, two
3. Two consumers who meet all of the following:
(a) Are not employed in a health profession.
(b) Do not have any pecuniary interest in a school of medicine or health care institution.
(c) Demonstrate an interest in health issues in this state.
7. 4. For appointments made on or after January 18, 2022, One member who is licensed pursuant to chapter 8, 13, 14, 17 or 29 of this title.
B. The members of the board shall be appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
C. Notwithstanding subsection A of this section, at least fifty percent of the licensed members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from practice in this state or who have a valid license to practice and are not currently practicing.
B. D. Before appointment by the governor or board, a prospective member of the board shall submit a full set of fingerprints to the governor 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.
C. E. Board members shall be residents of this state for at least one year immediately preceding their appointment.
D. F. Board members serve three-year terms to begin and end on the third Monday in January. A member shall not serve more than two consecutive terms.
E. G. The board shall meet in January of each year to elect a chairperson and vice chairperson.
F. H. The board shall meet quarterly and at the call of the chairperson or a majority of board members.
G. I. Board members are eligible to receive compensation in an amount not to exceed $50 per day for each day of actual service in the business of the board and are eligible for reimbursement of expenses necessarily and properly incurred in attending board meetings.
H. J. The governor may remove a board member from office for malfeasance, dishonorable conduct or unprofessional management of board duties.
I. K. The term of any member automatically ends on resignation or absence from this state for a period of at least six months. The governor shall fill vacancies for an unexpired portion of a term in the same manner as regular appointments.
J. L. Board members and board employees are not subject to civil liability for any act done or proceeding undertaken or performed in good faith and in furtherance of the purposes of this chapter. END_STATUTE
Sec. 20. Section 32-4102, Arizona Revised Statutes, is amended to read:
START_STATUTE32-4102. Board of athletic training; members; terms; removal; compensation; immunity
A. The board of athletic training is established consisting of the following members who are appointed by the governor:
1. Three Two athletic trainers who both:
(a) Are residents of this state.
(b) Have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of athletic training in this state or who have a valid license to practice athletic training and are not currently practicing.
2. one member who are residents is a resident of this state, who possess possesses an unrestricted license to practice athletic training in this state and who have has been practicing in this state for at least five years immediately preceding their appointment. The governor may make these appointments from a list of names submitted by a statewide athletic training association or any other group or person. The initial three appointees are not required to be licensed pursuant to this chapter at the time of selection but shall meet all of the qualifications for licensure as prescribed by this chapter.
2. 3. Two public members who are residents of this state and who are not affiliated with and do not have any financial interest in any health care profession but who have an interest in consumer rights.
B. The governor may make the appointments pursuant to subsection A, paragraphs 1 and 2 of this section from a list of names submitted by a statewide athletic training association or any other group or person.
C. The members of the board shall be appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
B. D. Board members serve staggered five year five-year terms that begin and end on the third Monday in January. Board members shall not serve for more than two successive five year terms or for more than ten consecutive years.
C. E. If requested by the board, the governor may remove a board member for misconduct, incompetence or neglect of duty.
D. F. Board members are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2 to cover necessary expenses for attending each board meeting or for representing the board in an official board approved board-approved activity.
E. G. A board member who acts within the scope of board duties, without malice and in the reasonable belief that the person's action is warranted by law is not subject to civil liability. END_STATUTE
Sec. 21. Section 32-4202, Arizona Revised Statutes, is amended to read:
START_STATUTE32-4202. Board of massage therapy; members; terms; compensation; immunity
A. The board of massage therapy is established consisting of the following members appointed by the governor:
1. Two massage therapists who are residents of this state, who possess an unrestricted license to practice massage therapy in this state and who have been practicing in this state for at least five years immediately preceding their appointment. The governor may make these appointments from a list of names submitted by a statewide massage or bodywork therapy association, or both, or any other group or person.
2. Three public members who are residents of this state and who are not affiliated with and do not have any financial interest in any health care profession but who have an interest in consumer rights or have a background in compliance or law enforcement issues. At least one public member must be actively involved in programs or services that help to reduce or prevent human trafficking.
B. All members of the board shall be appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
C. At least fifty percent of the licensed members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and who are former licensees who are retired from the practice of massage therapy in this state or who have a valid license to practice massage therapy and are not currently practicing.
B. D. Board members serve staggered five-year terms that begin and end on the third Monday in January. Board members shall not serve for more than two successive five-year terms or for more than ten consecutive years, except that the term of office for a member of the board appointed to fill a vacancy that occurs before the expiration of a full term is for the unexpired portion of that term, and the governor may reappoint that member to not more than two additional full terms.
C. E. If requested by the board, the governor may remove a board member for misconduct, incompetence or neglect of duty.
D. F. Board members are eligible to receive compensation in the amount of $100 per day for each day of actual service in the business of the board and for reimbursement of expenses pursuant to title 38, chapter 4, article 2 to cover necessary expenses for attending each board meeting or for representing the board in an official board approved activity.
E. G. A board member who acts within the scope of board duties, without malice and in the reasonable belief that the member's action is warranted by law is not subject to civil liability. END_STATUTE
Sec. 22. Section 36-446.02, Arizona Revised Statutes, is amended to read:
START_STATUTE36-446.02. Board of examiners; members; terms; meetings; quorum; vacancies; compensation
A. The board of examiners of nursing care institution administrators and assisted living facility managers is established consisting of eleven members who are appointed by the governor pursuant to section 38-211, except that:
1. If the governor fails to fill a public member vacancy within one year after the position becomes vacant, the board may fill the public member position by a majority vote.
2. If the senate fails to confirm or reject an appointee within one year after the governor's appointment, the appointee is deemed confirmed.
B. The board shall include:
1. One administrator who holds an active license issued pursuant to this article or who is retired.
2. One assisted living facility manager who holds an active license issued pursuant to this article or who is retired.
3. One administrator of a nonprofit or faith-based skilled nursing facility who either holds an active license issued pursuant to this article or who is retired.
4. One administrator of a proprietary skilled nursing facility who either holds an active license issued pursuant to this article or who is retired.
5. Two managers of an assisted living center who either hold an active license issued pursuant to this article or who are retired.
6. One manager of an assisted living home who either holds an active license issued pursuant to this article or who is retired.
7. One public member who represents an organization that advocates for the elderly.
8. One person who is a family member of either a resident or a person who was a resident in the previous three years in either a skilled nursing facility or an assisted living facility at the time the person is appointed to the board.
9. One person who is a current or former resident of a skilled nursing facility or an assisted living facility.
10. One public member who represents an organization that advocates for individuals with Alzheimer's disease, dementia or other related neurocognitive diseases or disorders.
C. The board may not have more than three board members who are appointed pursuant to subsection B, paragraphs 1 through 6 of this section and who are retired. Each board member specified in subsection B, paragraphs 1 through 6 of this section who is retired must have had an active license issued pursuant to this article within the previous two years at the time of appointment to the board and may not have had any disciplinary action taken against the person's license or had a license issued pursuant to this article revoked.
C. At least fifty percent of the licensed members of the board shall be members who have never had their license revoked or suspended or have voluntarily surrendered their license in lieu of suspension or revocation and former licensees who are retired from practice in this state or who have a valid license to practice and are not currently practicing.
D. Board members who are not affiliated with a nursing care institution or an assisted living facility shall not have a direct financial interest in nursing care institutions or assisted living facilities.
E. A board member shall not serve on any other board relating to long-term care during the member's term with the board.
F. The term of a board member automatically ends when that member no longer meets the qualifications for appointment to the board. The board shall notify the governor of the board vacancy.
G. Board members who are not affiliated with a nursing care institution or an assisted living facility shall be appointed for two-year terms. Board members who are the administrator of a nursing care institution or the manager of an assisted living facility shall be appointed for three-year terms.
H. A board member shall not serve for more than two consecutive terms.
I. The board shall meet at least twice a year.
J. A majority of the board members constitutes a quorum.
K. Board members are eligible to receive compensation as determined pursuant to section 38-611 for each day actually spent performing their duties under this chapter.
L. A board member who is absent from three consecutive regular meetings or who fails to attend more than fifty percent of board meetings over the course of one calendar year vacates the board member's position. The board shall notify the governor of the vacancy. END_STATUTE
Sec. 23. Health profession regulatory boards; report; intent; delayed repeal
A. On or before November 1, 2025, each health profession regulatory board shall submit a report to the governor, the president of the senate and the speaker of the house of representatives, and shall provide a copy to the secretary of state, outlining the laws, rules and internal processes that dictate the following:
1. All requirements for each type of license or certificate issued by the board, including:
(a) Education and training requirements.
(b) Continuing education requirements.
(c) Initial and renewal licensure and certification application processes and time frames.
(d) Application and initial and renewal licensing and certification fees.
(e) Required background checks and any offenses that would preclude licensure or certification.
2. How the board receives and investigates complaints and the types of disciplinary authority the board possesses, including appeal processes.
3. The number of full-time employees of the board and their corresponding duties.
4. Hiring, onboarding and termination of employees of the board.
5. A description of documents and discipline records retention.
6. A description of current contracts with third-party vendors and the services being provided by the vendors.
7. A description of board positions, including qualifications, term length and any prohibitions on consecutive appointments.
B. This legislature intends that this report provide the legislature adequate information to facilitate the revision and consolidation of statutes governing each health profession regulatory board in an effort to create uniformity and consistency in application while allowing for necessary exceptions essential to the operation and regulatory authority of each board.
C. This section is repealed from and after June 30, 2026.
Sec. 24. Retention of members
A. Notwithstanding section 32-802, Arizona Revised Statutes, as amended by this act, all persons serving as members of the state board of podiatry examiners on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
B. Notwithstanding section 32-901, Arizona Revised Statutes, as amended by this act, all persons serving as members of the state board of chiropractic examiners on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
C. Notwithstanding section 32-1203, Arizona Revised Statutes, as amended by this act, all persons serving as members of the state board of dental examiners on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
D. Notwithstanding section 32-1402, Arizona Revised Statutes, as amended by this act, all persons serving as members of the Arizona medical board on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
E. Notwithstanding section 32-1502, Arizona Revised Statutes, as amended by this act, all persons serving as members of the naturopathic physicians medical board on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
F. Notwithstanding section 32-1602, Arizona Revised Statutes, as amended by this act, all persons serving as members of the Arizona state board of nursing on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
G. Notwithstanding section 32-1672, Arizona Revised Statutes, as amended by this act, all persons serving as members of the state board of dispensing opticians on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
H. Notwithstanding section 32-1702, Arizona Revised Statutes, as amended by this act, all persons serving as members of the state board of optometry on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
I. Notwithstanding section 32-1801, Arizona Revised Statutes, as amended by this act, all persons serving as members of the Arizona board of osteopathic examiners in medicine and surgery on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
J. Notwithstanding section 32-1902, Arizona Revised Statutes, as amended by this act, all persons serving as members of the Arizona state board of pharmacy on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
K. Notwithstanding section 32-2002, Arizona Revised Statutes, as amended by this act, all persons serving as members of the board of physical therapy on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
L. Notwithstanding section 32-2062, Arizona Revised Statutes, as amended by this act, all persons serving as members of the state board of psychologist examiners on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
M. Notwithstanding section 32-2502, Arizona Revised Statutes, as amended by this act, all persons serving as members of the Arizona regulatory board of physician assistants on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
N. Notwithstanding section 32-2902, Arizona Revised Statutes, as amended by this act, all persons serving as members of the board of homeopathic and integrated medicine examiners on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
O. Notwithstanding section 32-3252, Arizona Revised Statutes, as amended by this act, all persons serving as members of the board of behavioral health examiners on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
P. Notwithstanding section 32-3402, Arizona Revised Statutes, as amended by this act, all persons serving as members of the board of occupational therapy examiners on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
Q. Notwithstanding section 32-3502, Arizona Revised Statutes, as amended by this act, all persons serving as members of the board of respiratory care examiners on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
R. Notwithstanding section 32-3902, Arizona Revised Statutes, as amended by this act, all persons serving as members of the acupuncture board of examiners on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
S. Notwithstanding section 32-4102, Arizona Revised Statutes, as amended by this act, all persons serving as members of the board of athletic training on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
T. Notwithstanding section 32-4202, Arizona Revised Statutes, as amended by this act, all persons serving as members of the board of massage therapy on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.
U. Notwithstanding section 36-446.02, Arizona Revised Statutes, as amended by this act, all persons serving as members of the board of examiners of nursing care institution administrators and assisted living facility managers on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.