A.R.S. § 32-536 — Arizona Code / Title 32 / Chapter 5 / Article 3 / Section 536
32-536 Instructor practice; instruction
Status: in_force

32-536. Instructor practice; instruction

A. An instructor may practice in the category of practice in which the instructor is licensed to practice in an establishment that is licensed pursuant to this chapter.

B. An instructor shall teach only in the area in which the instructor is licensed by the board to teach.
A.R.S. § 32-3622 — Arizona Code / Title 32 / Chapter 36 / Article 2 / Section 3622
32-3622 Licenses and certificates
Status: in_force

32-3622. Licenses and certificates

A. A license or certificate issued under this chapter shall be signed on behalf of the deputy director and shall bear the license or certificate number assigned by the deputy director.

B. Each state-licensed or state-certified appraiser shall place the appraiser's license or certificate number adjacent to or immediately below the title "state-licensed appraiser" or "state-certified appraiser", and the number shall be included in an appraisal report or in a contract or other instrument used by the license or certificate holder in conducting appraisal activities.
A.R.S. § 32-2153 — Arizona Code / Title 32 / Chapter 20 / Article 3 / Section 2153
32-2153 Grounds for denial, suspension or revocation of licenses; letters of concern; provisional license; retention of jurisdiction by commissioner; definitions
Status: in_force

32-2153. Grounds for denial, suspension or revocation of licenses; letters of concern; provisional license; retention of jurisdiction by commissioner; definitions

A. The commissioner may suspend or revoke a license, deny the issuance of a license, issue a letter of concern to a licensee, issue a provisional license or deny the renewal or the right of renewal of a license issued under this chapter if it appears that the holder or applicant, within five years immediately preceding, in performing or attempting to perform any acts authorized by the license or by this chapter, has:

1. Pursued a course of misrepresentation or made false promises, either directly or through others, whether acting in the role of a licensee or a principal in a transaction.

2. Acted for more than one party in a transaction without the knowledge or written consent of all parties to the transaction.

3. Disregarded or violated any of the provisions of this chapter or any rules adopted by the commissioner.

4. Knowingly authorized, directed, connived at or aided in the publication, advertisement, distribution or circulation of any material false or misleading statement or representation concerning the licensee's business or any land, cemetery property, subdivision or membership campground or camping contract offered for sale in this or any other state.

5. Knowingly used the term "real estate broker", "cemetery broker" or "membership camping broker" without the legal right to do so.

6. Employed any unlicensed salesperson or unlicensed associate broker.

7. Accepted compensation as a licensee for performing any of the acts specified in this chapter from any person who is not authorized to provide compensation pursuant to section 32-2155.

8. Represented or attempted to represent a broker other than the broker to whom the salesperson or associate broker is licensed.

9. Failed, within a reasonable time, to account for or to remit any monies, to surrender to the rightful owner any documents or other valuable property that comes into the licensee's possession and that belongs to others, or to issue an appraisal report on real property or cemetery property in which the licensee has an interest, unless the nature and extent of the interest are fully disclosed in the report.

10. Paid or received any rebate, profit, compensation or commission in violation of this chapter.

11. Induced any party to a contract to break the contract for the purpose of substituting a new contract with the same or a different principal, if the substitution is motivated by the personal gain of the licensee.

12. Placed a sign on any property offering it for sale or for rent without the written authority of the owner or the owner's authorized agent.

13. Solicited, either directly or indirectly, prospects for the sale, lease or use of real property, cemetery property or membership camping contracts through a promotion of a speculative nature involving a game of chance or risk or through conducting lotteries or contests that are not specifically authorized under this chapter.

14. Failed to pay to the commissioner the renewal fee as specified in this chapter promptly and before the time specified.

15. Failed to keep an escrow or trust account or other record of monies deposited with the licensee relating to a real estate transaction.

16. Commingled the monies or other property of the licensee's principal or client with the licensee's own or converted these monies or property to the licensee or another.

17. Failed or refused on demand to produce any document, contract, book, record, information, compilation or report that is in the licensee's possession or that the licensee is required by law to maintain concerning any real estate, cemetery or membership camping business, services, activities or transactions involving or conducted by the licensee for inspection by the commissioner or the commissioner's representative.

18. Failed to maintain a complete record of each transaction that comes within this chapter.

19. Violated the federal fair housing law, the Arizona civil rights law or any local ordinance of a similar nature.

20. Tendered to a buyer a wood infestation report in connection with the transfer of residential real property or an interest in residential real property knowing that wood infestation exists or that the wood infestation report was inaccurate or false as of the date of the tender or that an inspection was not done in conjunction with the preparation of the wood infestation report.

21. As a licensed broker, failed to exercise reasonable supervision over the activities of salespersons, associate brokers or others under the broker's employ or failed to exercise reasonable supervision and control over the activities for which a license is required of a corporation, limited liability company or partnership on behalf of which the broker acts as designated broker under section 32-2125.

22. Demonstrated negligence in performing any act for which a license is required.

23. Sold or leased a property to a buyer or lessee that was not the property represented to the buyer or lessee.

24. Violated any condition or term of a commissioner's order.

25. Signed the name of another person on any document or form without the express written consent of the person.

26. As a licensed school, failed to exercise reasonable supervision over the activities for which a license is required for an owner, director, administrator or instructor in the school's employ.

B. The commissioner may suspend or revoke a license, deny the issuance of a license, issue a letter of concern to a licensee, issue a provisional license or deny the renewal or the right of renewal of a license issued under this chapter if it appears that the holder or applicant has:

1. Procured or attempted to procure a license under this chapter for the holder or applicant or another by fraud, misrepresentation or deceit or by filing an original or renewal application that is false or misleading.

2. Been convicted in a court of competent jurisdiction in this or any other state of a felony or of any crime of forgery, theft, extortion, conspiracy to defraud, a crime of moral turpitude or any other like offense.

3. Made any substantial misrepresentation.

4. Made any false promises of a character likely to influence, persuade or induce.

5. Been guilty of any conduct, whether of the same or a different character than specified in this section, that constitutes fraud or dishonest dealings.

6. Engaged in the business of a real estate broker, cemetery broker or membership camping broker or real estate salesperson, cemetery salesperson or membership camping salesperson without holding a license as prescribed in this chapter.

7. Demonstrated incompetence to perform any duty or requirement of a licensee under or arising from this chapter.  For the purposes of this paragraph, "incompetence" means a lack of basic knowledge or skill appropriate to the type of license the person holds or a failure to appreciate the probable consequences of the licensee's action or inaction.

8. Violated the terms of any criminal or administrative order, decree or sentence.

9. Violated any federal or state law, regulation or rule that relates to real estate or securities or that involves forgery, theft, extortion, fraud, substantial misrepresentation, dishonest dealings or violence against another person or failure to deal fairly with any party to a transaction that materially and adversely affected the transaction. This paragraph applies equally to violations of which the licensee was convicted in any lawful federal or state tribunal and to any admissions made in any settlement agreement by the licensee to violations.

10. Failed to respond in the course of an investigation or audit by providing documents or written statements.

C. A judgment based on a court's finding or stipulation of fraud by a licensee following a trial on the merits or a criminal conviction of a licensee that results in a payment from the real estate recovery fund is prima facie evidence of a violation and grounds for discipline under this section.

D. The commissioner may deny, suspend or revoke the issuance of a license on application by a corporation, a limited liability company or a partnership if it appears that an owner, officer, director, member, manager, partner, stockholder owning ten percent or more of the stock in the corporation or limited liability company or person exercising control of the entity is a current or former licensee whose license as a broker or a salesperson has been denied, suspended or revoked.

E. The lapsing or suspension of a license by operation of law or by order or decision of the commissioner or a court of law or the voluntary surrender of a license by a licensee does not deprive the commissioner of jurisdiction to do any of the following:

1. Proceed with any investigation of or action or disciplinary proceeding against the licensee.

2. Render a decision suspending or revoking the license or denying the renewal or right of renewal of the license.

3. Assess a civil penalty pursuant to section 32-2160.01.

F. For the purposes of this section:

1. "Letter of concern" means an advisory letter to notify a licensee that, while the conduct or evidence does not warrant disciplinary action, the commissioner believes that the licensee should modify or eliminate certain practices and that continuation of the activities may result in disciplinary action against the licensee.

2. "Provisional license" means a license that the department issues and that allows a licensee to practice subject to either a consent order as prescribed in section 32-2153.01 or the commissioner's terms, conditions and restrictions.
A.R.S. § 32-122.02 — Arizona Code / Title 32 / Chapter 1 / Article 2 / Section 122.02
32-122.02 Certification of home inspectors; insurance
Status: in_force

32-122.02. Certification of home inspectors; insurance

A. An applicant for certification as a home inspector shall:

1. Be at least eighteen years of age.

2. Have passed within two years preceding application a written examination that is approved by the board and that meets the competency standards adopted by the board.

3. Have passed a course of study that meets the standards approved by the board.

4. Pay a fee as determined by the board and for initial certification shall provide to the board evidence of having a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.

5. Not have had a certificate denied or revoked pursuant to this chapter within one year immediately preceding the application.

6. Have received an absolute discharge from sentence at least five years before the application if the person has been convicted of one or more felonies.

7. Provide evidence of the applicant's ability to obtain financial assurance as provided by subsection B of this section.

B. Within sixty days after certification and before any fee-based home inspection is performed, a home inspector certified pursuant to this chapter shall file one of the following financial assurances pursuant to rules adopted by the board:

1. Errors and omissions insurance for negligent acts committed in the course of a home inspection in an amount of $200,000 in the aggregate and $100,000 per occurrence.

2. A bond that is retroactive to the certification date in the amount of $25,000 or proof that minimum net assets have a value of at least $25,000.

C. If a home inspector loses or otherwise fails to maintain a required financial assurance, the certification shall be automatically suspended and shall be reinstated if a financial assurance is obtained within ninety days.  If a financial assurance is not obtained within ninety days, the certification shall be automatically revoked.

D. A home inspector is subject to this chapter and rules adopted pursuant to this chapter.

E. Except as provided in subsection A, paragraph 4 of this section, the board may not require the submission of a fingerprint clearance card for certification renewal or any other purpose.
A.R.S. § 32-2506 — Arizona Code / Title 32 / Chapter 25 / Article 1 / Section 2506
32-2506 Arizona medical board fund
Status: in_force

32-2506. Arizona medical board fund

(L24, Ch. 222, sec. 35.  Eff. until 7/1/28)

A. Pursuant to sections 35-146 and 35-147, the board shall deposit fifteen percent of all monies collected pursuant to this chapter in the state general fund and deposit the remaining eighty-five percent in the Arizona medical board fund.

B. Monies deposited in the fund pursuant to this section are subject to section 35-143.01.
A.R.S. § 32-2103 — Arizona Code / Title 32 / Chapter 20 / Article 1 / Section 2103
32-2103 Placement of monies collected; revision of fees
Status: in_force

32-2103. Placement of monies collected; revision of fees

A. The department shall deposit, pursuant to sections 35-146 and 35-147, all monies collected under the provisions of this chapter in the state general fund unless otherwise prescribed by law.

B. Each year the commissioner shall revise all fees collected under this chapter within the limits prescribed by this chapter in such a manner that the revenue derived from such fees equals at least ninety-five per cent but not more than one hundred ten per cent of the anticipated appropriated budget for the department for the succeeding fiscal year. If the revenue derived from the fees exceeds one hundred ten per cent of the anticipated appropriated budget for the department for the succeeding fiscal year, the commissioner shall lower the fees in the succeeding year in proportion to the excess.
A.R.S. § 32-2639 — Arizona Code / Title 32 / Chapter 26 / Article 4 / Section 2639
32-2639 Authority to investigate complaint; filing and response to complaints; retention of records
Status: in_force

32-2639. Authority to investigate complaint; filing and response to complaints; retention of records

A. The department may investigate any licensee, registrant, associate, employee or person if that licensee, registrant, associate, employee or person advertises as providing or performs services that require licensure or registration under this chapter.

B. The department shall investigate whether a licensee or registrant is engaged in activities that do not comply with or are prohibited by this chapter.

C. The department shall enforce this chapter without regard to the place or location in which a violation may have occurred.

D. On the complaint of any person or on its own initiative, the department may investigate any suspected violation of this chapter or the business and business methods of any licensee, registrant or employee of a licensee or applicant for licensure or registration under this chapter.

E. A complaint filed against any licensee, associate, registrant or employee of a licensee must be in writing, on a form prescribed by the department and filed with the department.

F. In any investigation by the department, each licensee, associate, registrant, applicant, agency or employee, on request of the department, shall provide records and truthfully respond to questions concerning activities regulated under this chapter.  The licensee shall maintain these records for five years at the licensee’s principal place of business or at another location for a person whose license has been terminated, canceled or revoked.  At the department’s request, the licensee shall make the records available immediately to the department during normal business hours or at another time acceptable to the parties, unless the department grants an extension.  The licensee shall provide copies of any records requested by the department.
A.R.S. § 32-2183.04 — Arizona Code / Title 32 / Chapter 20 / Article 4 / Section 2183.04
32-2183.04 Surety bond requirement; form; cancellation; effective date; certificate of deposit
Status: in_force

32-2183.04. Surety bond requirement; form; cancellation; effective date; certificate of deposit

A. In addition to any other fees assessed under this chapter, any subdivider prior to the sale or lease of any existing unimproved lots or parcels and any subdivider who is subsequently required to give notice under section 32-2181 or 32-2195 or who petitions for exemption under section 32-2181.01 may be required to post a surety bond with the commissioner if any of the following applies:

1. The subdivider has been found in violation of any subdivision laws of this state or of any other state or any of the rules of the state real estate department.

2. The subdivider has been found in violation of the interstate land sales full disclosure act or any of the rules and regulations of the office of interstate land sales registration.

3. The subdivider has been found by a court of competent jurisdiction to be guilty of fraud or misrepresentation in the sale of subdivided lands and the finding or determination has become a final adjudication.

4. The subdivider has been found by an administrative agency to be guilty of fraud or misrepresentation in the sale of subdivided lands and from the decision there is no appeal.

B. The bond required by subsection A of this section shall be in a form acceptable to the commissioner and shall be executed by the subdivider as principal with a corporation duly authorized to transact surety business in this state. Evidence of a surety bond shall be submitted to the commissioner in accordance with rules adopted by the commissioner. The bond shall be in favor of the state and shall be subject to claims by any person who is injured by the fraud or misrepresentation of a subdivider in the purchase or lease of a lot or parcel. One bond shall be required for each subdivision or each common plan of subdivided lands subject to the requirements of article 7 of this chapter. The principal sum of the bond shall be in an amount the commissioner deems necessary to protect purchasers when the volume of business of the subdivider and other relevant factors are taken into consideration.

C. The surety bond shall continue in effect until two years after all sales within the subdivision or common plan have been completed. No suit may be maintained on the bond after the expiration of two years following the subdivider's sale or lease of a lot or parcel to the person maintaining the action.

D. Upon receipt by the commissioner of notice to cancel a bond by any surety, the commissioner shall immediately notify the subdivider on the bond of the effective date of cancellation of the bond and the subdivider shall furnish a like bond within thirty days after mailing of notice by the commissioner or the subdivider's right to sell or lease lots or parcels in any subdivision shall be suspended. Notice to the subdivider shall be by certified mail in a sealed envelope with postage fully prepaid, addressed to the subdivider's latest address of record in the commissioner's office. The subdivider's right to sell or lease lots or parcels shall be suspended by operation of law on the date the bond is canceled, unless a replacement bond is filed with the commissioner.

E. In lieu of posting a bond as set forth in this section, the subdivider may post a certificate of deposit with the commissioner in accordance with the provisions of subsections A, B and C of this section.
A.R.S. § 32-4222 — Arizona Code / Title 32 / Chapter 42 / Article 2 / Section 4222
32-4222 Qualifications for licensure
Status: in_force

32-4222. Qualifications for licensure

A. An applicant for a license as a massage therapist shall:

1. Be at least eighteen years of age.

2. Be a citizen or legal resident of the United States.

3. Satisfy the requirements of section 32-4224.

4. Receive either a high school diploma or general equivalency diploma or a similar document or certificate or submit proof that the applicant has passed an ability to benefit examination recognized by the United States department of education.

5. Pay the fees established pursuant to section 32-4227.

6. Within five years preceding the date of the application for initial licensure, not have been convicted of a misdemeanor involving prostitution or solicitation or another similar offense involving moral turpitude that has a reasonable relationship to the practice of massage therapy.

7. Within the preceding five years, not have voluntarily surrendered a license under section 32-4254 or not have had a license to practice massage therapy or another similar license revoked by a political subdivision of this state or a regulatory agency in another jurisdiction in the United States for an act that occurred in that jurisdiction and that would be subject to discipline pursuant to this chapter.

8. Not be currently under investigation, suspension or restriction by a political subdivision of this state or a regulatory agency in another jurisdiction in the United States for an act that occurred in that jurisdiction and that would be subject to discipline pursuant to this chapter. If the applicant is under investigation by a regulatory agency in another jurisdiction, the board shall suspend the application process and may not issue or deny a license to the applicant until the investigation is resolved.

9. For initial licensure, submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.  The board may charge the cost of each criminal background check to the applicant.

10. Beginning January 1, 2023, possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 for initial licensure, license renewal, a temporary license or license reinstatement pursuant to this chapter.

B. In addition to the requirements of subsection A of this section, an applicant for licensure as a massage therapist shall either:

1. Have successfully completed a course of study of massage therapy or bodywork therapy consisting of a minimum of five hundred classroom and clinical hours of supervised instruction at a board recognized school in this state that is accredited by an agency recognized by the secretary of the United States department of education.

2. Have done both of the following:

(a) Successfully completed a course of study in massage therapy or bodywork therapy consisting of a minimum of five hundred classroom and clinical hours of supervised instruction at a school in this state that is licensed by the state board for private postsecondary education or at a school outside of this state that is recognized by the board pursuant to section 32-4228.

(b) Successfully passed an examination administered by a national board accredited by the certifying agency that has been approved by the national commission on competency assurance and that is in good standing with that agency or have successfully passed an examination that is administered or approved by the board.

C. The board may adopt rules to allow it to consider the education and experience of an applicant who came from a foreign country.  The board by rule may increase the minimum number of classroom hours of supervised instruction at a board recognized school that an applicant for licensure must successfully have completed.

D. If the board is satisfied that an applicant meets the requirements of this section, the board shall issue a license to the applicant.

E. Subject to the board's approval, the executive director may issue licenses to applicants who meet the requirements of this chapter.

F. The board may deny an application for a license if the applicant committed an act that would subject a person licensed under this chapter to disciplinary action.
A.R.S. § 32-4124 — Arizona Code / Title 32 / Chapter 41 / Article 2 / Section 4124
32-4124 License renewal; changes of name or addresses
Status: in_force

32-4124. License renewal; changes of name or addresses

A. Except as provided in section 32-4301, a license issued pursuant to this chapter is subject to renewal each year and expires unless renewed.

B. The executive director shall send a renewal reminder to each licensee at least sixty days before the license expires.

C. Each licensee is responsible for reporting to the board a name change and changes in business, home and email addresses within thirty days after any change.
A.R.S. § 32-725 — Arizona Code / Title 32 / Chapter 6 / Article 2 / Section 725
32-725 Limited reciprocity privilege; qualifications; definition
Status: in_force

32-725. Limited reciprocity privilege; qualifications; definition

A. The limited reciprocity privilege may be exercised by an individual who is not a resident of this state and who meets the requirements of this section.

B. To qualify to exercise the limited reciprocity privilege, an individual must:

1. Have a principal place of business that is not in this state.

2. Not have or represent to have an office in this state.

3. Not be the subject of suspension or revocation of a certificate as provided by section 32-741 or relinquishment of a certificate as provided by section 32-730.06.

4. Hold a valid registration, certificate or license as a certified public accountant issued by another jurisdiction and either of the following applies:

(a) The other jurisdiction requires as a condition of licensure that an individual has all of the following:

(i) At least one hundred fifty semester hours of college education, including a baccalaureate degree or a higher degree that is conferred by an accredited institution or a college or university that maintains standards that are comparable to those of an accredited institution.

(ii) A passing grade on the uniform certified public accountant examination.

(iii) At least one year of experience in the practice of accounting that has been verified.

(b) The individual meets the qualifications prescribed in section 32-721, subsection C.

C. An individual qualifying for limited reciprocity privilege under this section is considered to have qualifications that are substantially equivalent to the requirements prescribed pursuant to this chapter and has all of the privileges of registrants, certificate holders or licensees in this state without obtaining a registration, certificate or license under this chapter.

D. An individual qualifying for limited reciprocity privilege under this section may use the CPA designation and may offer or practice accounting in person or by mail, telephone or electronic means.  A notice, fee or other submission is not required.  The individual is subject to the requirements prescribed in subsection E of this section.

E. Each individual who holds a registration, certificate or license issued by another jurisdiction and who exercises the limited reciprocity privilege and each partnership, corporation or other entity engaging in the practice of accounting as provided by this section, as a condition of exercising the privilege provided by this section:

1. Shall:

(a) Comply with article 3 of this chapter and rules adopted pursuant to article 3 of this chapter.  In any investigation or other proceedings conducted pursuant to article 3 of this chapter, an individual claiming permission to practice as a certified public accountant in this state under the limited reciprocity privilege has the burden of demonstrating that the applicable requirements of subsection B of this section have been satisfied.

(b) Cease the offering or practicing of accounting in person or by mail, telephone or electronic means in this state if the individual no longer satisfies the requirements of subsection B of this section or the partnership, corporation or other entity no longer satisfies the requirements of subsection G of this section.

2. Is subject to:

(a) The personal and subject matter jurisdiction of the board and the power of the board to investigate complaints and take disciplinary action.

(b) Service by either of the following:

(i) The appointment of the state board that issued the registration, certificate or license to the individual as agent, on whom process may be served in any action or proceeding against the person by the board.

(ii) Directly on the person.

F. Any individual who holds a valid registration, certificate or license as a certified public accountant issued by another jurisdiction or a foreign country, whose principal place of business is not in this state and who does not otherwise qualify under this section for limited reciprocity privilege may enter this state and provide services if the services are limited to the following:

1. Expert witness services.

2. Teaching or lecturing.

3. Other services as determined by the board.

G. A business organization formed under the laws of another jurisdiction relating to the practice of accounting in that jurisdiction may use the CPA designation in this state and may engage in the practice of accounting in this state, including the provision of attest services, without having to register as a firm if all of the following apply:

1. The business organization is owned by or employs an individual who is a limited reciprocity privilege holder pursuant to this section.

2. The business organization is in good standing in its principal place of business under the laws of that jurisdiction relating to the practice of accounting.

3. The principal place of business of the limited reciprocity privilege holder is a recognized place of business for the practice of accounting by the business organization.

4. The business organization does not have an office in this state and does not represent that it has an office in this state.

5. The business organization holds an active permit or registration as a certified public accountant firm in another jurisdiction.

6. The practice of accounting is performed by or under the direct supervision of an individual who is qualified for the limited reciprocity privilege under this section.

H. For the purposes of this section, "principal place of business" means the office designated by the individual or firm as the principal location for the individual's or firm's practice of accounting.
A.R.S. § 32-2281 — Arizona Code / Title 32 / Chapter 21 / Article 7 / Section 2281
32-2281 Dispensing of drugs and devices; conditions; definition
Status: in_force

32-2281. Dispensing of drugs and devices; conditions; definition

A. A veterinarian may dispense drugs and devices kept by the veterinarian if:

1. All prescription-only drugs are dispensed in packages labeled with the following information:

(a) The dispensing veterinarian's name, address and telephone number.

(b) The date the drug is dispensed.

(c) The animal owner's name and the animal's or herd's identification.

(d) The name, strength and quantity of the drug, directions for its use and any cautionary statements.

2. The dispensing veterinarian enters into the medical record the name, strength and quantity of the drug dispensed, the date the drug is dispensed and the therapeutic reason.

B. A veterinarian dispensing a schedule II controlled substance or a benzodiazepine shall comply with the following:

1. Limit the initial amount of a schedule II controlled substance dispensed by the veterinarian to a five-day supply at a dosage clinically appropriate for the animal being treated.  A prescription that is filled at a pharmacy is not subject to this limit.

2. Limit the initial amount of a benzodiazepine dispensed by the veterinarian to a fourteen-day supply at a dosage clinically appropriate for the animal being treated.  A prescription that is filled at a pharmacy is not subject to this limit.

3. For treatment of an animal with a chronic condition that requires long-term use of a schedule II controlled substance or benzodiazepine, after the initial five-day or fourteen-day period pursuant to paragraph 1 or 2 of this subsection, dispense not more than a thirty-day supply at one time at a dosage clinically appropriate for the animal being treated. A prescription for a chronic condition that is filled at a pharmacy is not subject to this limit.  For the purposes of this paragraph, "chronic condition" means a condition that requires ongoing treatment beyond the five-day or fourteen-day period prescribed in paragraph 1 or 2 of this subsection, including cancer, postsurgical treatment, posttraumatic injury, neuropathic pain, chronic severe cough, collapsing trachea and congestive heart failure.

C. The board shall adopt rules providing that the animal's owner or the person responsible for the animal shall be notified that some prescription-only drugs may be available at a pharmacy and a written prescription may be provided to the animal's owner or the person responsible for the animal if requested.

D. A veterinarian shall dispense only to the animal's owner or person responsible for the animal the veterinarian is treating and only for conditions being treated by that veterinarian. The veterinarian shall supervise the dispensing process.  For the purposes of this subsection, "supervision" means that a veterinarian makes the determination as to the legitimacy or the advisability of the drugs or devices to be dispensed.

E. This section shall be enforced by the board, which shall establish rules regarding access to and labeling, recordkeeping, storage and packaging of drugs that are consistent with the requirements of chapter 18 of this title. The board may conduct periodic inspections of dispensing practices to ensure compliance with this section and applicable rules.

F. For the purposes of this section, "dispense" means the delivery by a veterinarian of a prescription-only drug or device to an animal, an animal's owner or the person responsible for an animal and includes the prescribing, administering, packaging, labeling, compounding and security necessary to prepare and safeguard the drug or device for delivery.
A.R.S. § 32-3217 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3217
32-3217 Volunteer health services registration; health professionals; free medical clinic
Status: in_force

32-3217. Volunteer health services registration; health professionals; free medical clinic

A. A health profession regulatory board in this state may issue a volunteer health services registration to allow a health professional who is not a licensee to practice in this state for a total of up to fourteen days each calendar year if the health professional meets all of the following requirements:

1. Holds an active and unrestricted license in a state, territory or possession of the United States.

2. Has never had a license revoked or suspended.

3. Is not the subject of an unresolved complaint.

4. Applies for registration every two years as prescribed by the board.

5. Agrees to render services at a free medical clinic that does not provide abortions and restricts the health professional's authorized services and duties to the provision of care or service at a free medical clinic.

6. Provides only the care or services that the health professional is licensed or authorized to provide by the health professional's regulatory agency or this state's regulatory board for the same health profession, whichever is more stringent.

B. The fourteen days of practice prescribed by subsection A of this section may be performed consecutively or cumulatively during each calendar year.

C. For the purpose of meeting the requirements of subsection A of this section, an applicant shall provide the appropriate health profession regulatory board the name of each state in which the person is licensed or has held a license and the board shall verify with the applicable regulatory agency of each state that the applicant is licensed or has held a license, has never had the license revoked or suspended and is not the subject of an unresolved complaint. The board may accept the verification of the information required by subsection A, paragraphs 1, 2 and 3 of this section from each of the other state's regulatory agencies either electronically or by hard copy.

D. A health profession regulatory board issuing a volunteer health services registration pursuant to this section may not charge a fee.

E. A health profession regulatory board may immediately suspend or revoke a registration issued pursuant to this section on receiving proof satisfactory to the health profession regulatory board that the holder of the registration has engaged in practice in this state that is outside the scope of the registration or that grounds exist for action against the holder of the registration under the relevant chapter of this title.  The holder of a registration may request a hearing to challenge the suspension or revocation of a registration in the manner permitted for appealable agency actions under title 41, chapter 6, article 10.
A.R.S. § 32-2194.01 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.01
32-2194.01 Notice to commissioner of intention to sell cemetery property; exceptions; restrictions
Status: in_force

32-2194.01. Notice to commissioner of intention to sell cemetery property; exceptions; restrictions

A. Before offering cemetery plots for sale, the owner or agent shall notify the commissioner in writing and the notice shall contain:

1. The name and address of the owner.  If the holder of any ownership interest in the cemetery is other than an individual, such as a corporation, partnership or trust, a statement naming the type of legal entity and listing the interest and the extent of such interest of each principal in the entity. For the purposes of this paragraph, "principal" means any person or entity having a ten per cent or more financial interest or, if the legal entity is a trust, each beneficiary of the trust holding a ten per cent or more beneficial interest.

2. The legal description and area of the lands.

3. A true statement of the condition of the title to the land, including all encumbrances on the land.

4. The terms and conditions on which it is intended to dispose of the land, together with copies of any real estate sales contract, conveyance, lease, assignment or other instrument intended to be used, and other information the owner or agent desires to present.

5. A map of the cemetery which has been filed in the office of the county recorder in the county in which the cemetery is located.

6. A comprehensive statement describing the land on and the locality in which the cemetery is located.

7. A true statement of the use or uses for which the proposed cemetery will be offered.

8. A true statement of the provisions, if any, limiting the use of the plots in the cemetery, together with copies of any restrictive covenants affecting all or part of the cemetery.

9. The name and business address of the designated broker selling within this state plots in the cemetery. If the designated broker is changed the cemetery shall advise the department in writing without the requirement of an amended filing.

10. A true statement of the approximate amount of indebtedness which is a lien on the cemetery or any part of the cemetery and which was or will be incurred to pay for the construction of any on-site or off-site improvement or other facilities.

11. A true statement or reasonable estimate, if applicable, of the amount of any indebtedness which has been or is proposed to be incurred by an existing or proposed special district, entity, taxing area or assessment district within the boundaries of which the cemetery or any part of the cemetery is located and any amounts which are to be obtained by ad valorem tax or assessment, or by a special assessment or tax on the cemetery or any part of the cemetery.

12. Proof of financial responsibility for completing the cemetery and its related facilities for its initial development.

13. A true statement of provisions made for financing any related facilities to be included. The statement shall include evidence of assurances for delivery of such facilities and a statement of the provisions, if any, for the continued maintenance of such facilities.

14. A true statement that the cemetery is not subject to any known flooding or drainage hazards.

15. A true statement of the nature of any improvements to be installed in the developed portion of the cemetery, the estimated schedule for completion and the estimated costs related to such improvements which shall be borne by the developed portion of the cemetery.

16. A true statement of the availability of department of health services approved water and sewage disposal facilities and other public utilities including electricity, gas and telephone facilities in the cemetery, the estimated schedule for their installation and the estimated costs related to such facilities and utilities which shall be borne by the cemetery.

17. If the subdivider is a subsidiary corporation, a true statement identifying the parent corporation and any cemeteries in this state in which the parent or any of its subsidiaries are or have been involved in the last five years.

18. Such other information and such other documents as the commissioner may reasonably require.

19. If the cemetery has been previously licensed in this state and the ownership or control of the cemetery has transferred, a statement from a certified public accountant certified pursuant to chapter 6 of this title, showing that all required funds have been deposited in the irrevocable trust fund and that only lawful withdrawals were made.  An audit that meets generally accepted accounting standards shall be used by the certified public accountant to prepare the statement required by this paragraph.

B. The commissioner may require the owner or agent to supplement the notice of intention to develop a cemetery and may require the filing of periodic reports to update the information contained in the original notice of intention to develop a cemetery.

C. The conveyance of a plot in a cemetery does not limit the right of the purchaser or the purchaser's representative to appear and testify before any public body regarding changes or other official acts affecting the cemetery property. All contractual provisions which conflict with this subsection are deemed to be against public policy.

D. The commissioner by special order may exempt from any one or all of the provisions of this article certain cemeteries otherwise required to comply with this article on written petition and on a showing by the petitioner, satisfactory to the commissioner, that compliance with this article is not essential to the public interest or for the protection of buyers by reason of the special characteristics of the cemetery.
A.R.S. § 32-514 — Arizona Code / Title 32 / Chapter 5 / Article 2 / Section 514
32-514 Examinations
Status: in_force

32-514. Examinations

A. The board or a national professional organization for barbering or cosmetology, or both, that is selected by the board shall administer written and practical examinations for a barber, cosmetologist, aesthetician, nail technician, hairstylist or instructor license. The examinations shall test for requisite knowledge and skills in the technical application of barbering and cosmetology services. An applicant may take an examination before the applicant has completed the required hours of course instruction prescribed by this article, but the applicant must complete the required hours of course instruction before licensure.

B. The board or a national professional organization for barbering or cosmetology, or both, that is selected by the board shall inform each applicant of the examination results.

C. The board shall make an accurate record of each examination.
A.R.S. § 32-2194.15 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.15
32-2194.15 Jurisdiction
Status: in_force

32-2194.15. Jurisdiction

The commissioner shall not be denied jurisdiction over any person subject to the provisions of this article because of similar jurisdiction over such person by any other agency or the applicability to such person of any rule prescribed pursuant to any other provision of law.
A.R.S. § 32-2535 — Arizona Code / Title 32 / Chapter 25 / Article 3 / Section 2535
32-2535 Emergency medical care
Status: in_force

32-2535. Emergency medical care

A. Notwithstanding the requirements of this article, in response to a natural disaster, accident or other emergency, a physician assistant who is licensed pursuant to this chapter, licensed or certified by another regulatory jurisdiction in the United States or credentialed as a physician assistant by a federal employer may provide medical care at any location, and the physician assistant is not required to have completed eight thousand clinical practice hours pursuant to section 32-2531.

B. A physician who supervises a physician assistant who is providing medical care pursuant to this section is not required to comply with the requirements of this article relating to supervising physicians.
A.R.S. § 32-1502 — Arizona Code / Title 32 / Chapter 14 / Article 1 / Section 1502
32-1502 Naturopathic physicians medical board; appointment; qualifications; term of office; immunity
Status: in_force

32-1502. Naturopathic physicians medical board; appointment; qualifications; term of office; immunity

A. The naturopathic physicians medical board is established consisting of the following members:

1. Four physician members 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. 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. Before appointment by the governor, 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. 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. 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.
A.R.S. § 32-1639 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1639
32-1639 Licensing out-of-state practical nurses
Status: in_force

32-1639. Licensing out-of-state practical nurses

A. The board may issue a license to practice as a practical nurse to an applicant who has been duly licensed as a practical nurse, or licensed to perform similar services and duties under a different title, in another state or territory of the United States, if in the opinion of the board the applicant meets qualifications required of a licensed practical nurse in this state.

B. The board shall not issue a license to practice practical nursing to an applicant who has one or more felony convictions and who has not received an absolute discharge from the sentences for all felony convictions three or more years before the date of filing an application.
A.R.S. § 32-1829 — Arizona Code / Title 32 / Chapter 17 / Article 2 / Section 1829
32-1829 Training permits; issuance of permits
Status: in_force

32-1829. Training permits; issuance of permits

A. The board may grant a one-year renewable training permit to a person who is participating in a teaching hospital's accredited internship, residency or clinical fellowship training program to allow that person to practice medicine only in the supervised setting of that program. Before the board issues the permit, the person shall:

1. Submit an application on a form and in a manner prescribed by the board and proof that the applicant:

(a) Is the person named on the application and on all supporting documentation.

(b) Is a citizen of the United States or a resident alien.

(c) Is a graduate of a school approved by the American osteopathic association.

(d) Participated in postgraduate training, if any.

(e) Has passed approved examinations appropriate to the applicant's level of education and training.

(f) Has not engaged in any conduct that, if it occurred in this state, would be considered unprofessional conduct or, if the applicant has engaged in unprofessional conduct, is rehabilitated from the underlying conduct.

(g) Is physically, mentally and emotionally able to practice medicine, or, if limited, restricted or impaired in the ability to practice medicine, consents to a contingent permit or to entry into a program described in section 32-1861.

2. Pay the nonrefundable application fee prescribed by the board.

B. If a permittee who is participating in a teaching hospital's accredited internship, residency or clinical fellowship training program must repeat or make up time in the program due to resident progression or for other reasons, the board may grant that person an extension of the training permit if requested to do so by the program's director of medical education or a person who holds an equivalent position. The extended permit limits the permittee to practicing only in the supervised setting of that program for a period of time sufficient to repeat or make up the training.

C. The board may grant a training permit to a person who is not licensed in this state and who is participating in a short-term training program of four months or less for continuing medical education conducted in an approved school of osteopathic medicine or a hospital that has an accredited hospital internship, residency or clinical fellowship training program in this state.  Before the board issues the permit, the person shall:

1. Submit an application on a form and in a manner prescribed by the board and proof that the applicant meets the requirements prescribed in subsection A, paragraph 1 of this section.

2. Pay the nonrefundable application fee prescribed by the board.

D. A permittee is subject to the disciplinary provisions of this chapter.

E. The executive director may issue a permit to an applicant who meets the requirements of this chapter.

F. If a permit is not issued pursuant to subsection E of this section, the board may issue a permit or may:

1. Issue a permit that is contingent on the applicant entering into a stipulated agreement that may include a period of probation or a restriction on the permittee's practice.

2. Deny a permit to an applicant who does not meet the requirements of this chapter.
A.R.S. § 32-4258 — Arizona Code / Title 32 / Chapter 42 / Article 3 / Section 4258
32-4258 Regulation by county or municipality
Status: in_force

32-4258. Regulation by county or municipality

A. This chapter does not prohibit a county or municipality from adopting and enforcing regulations affecting the establishments, locations or settings in which individuals, entities or businesses engage in the practice of massage therapy.

B. A county or municipality shall not impose regulations that are inconsistent with this chapter.
A.R.S. § 32-1530 — Arizona Code / Title 32 / Chapter 14 / Article 2 / Section 1530
32-1530 Exemptions from certificate to dispense fees
Status: in_force

32-1530. Exemptions from certificate to dispense fees

A. A physician who practices at a public health facility operated by this state or a county or at a facility operated by a qualifying community health center established pursuant to section 36-2907.06 and who is exempt from paying registration fees pursuant to section 32-1921, subsection D for a certificate to dispense issued by the board if involved in the dispensing of devices and medications shall annually renew a certificate to dispense pursuant to section 32-1526 but is exempt from the annual renewal fee to dispense under section 32-1527.

B. A physician who is employed by and dispenses devices and medications at a facility that is operated by a not-for-profit corporation and who does not profit from the items dispensed shall annually renew a certificate to dispense pursuant to section 32-1526 but is exempt from the annual renewal fee to dispense under section 32-1527.
A.R.S. § 32-1964 — Arizona Code / Title 32 / Chapter 18 / Article 3 / Section 1964
32-1964 Record of prescription orders; inspections; confidentiality
Status: in_force

32-1964. Record of prescription orders; inspections; confidentiality

A. Every proprietor, manager or pharmacist in charge of a pharmacy shall keep in the pharmacy a book or file in which that person places the original of every prescription order of drugs, devices or replacement soft contact lenses that are compounded or dispensed at the pharmacy.  This information shall be serially numbered, dated and filed in the order in which the drugs, devices or replacement soft contact lenses were compounded or dispensed.  A prescription order shall be kept for at least seven years.  The proprietor, manager or pharmacist shall produce this book or file in court or before any grand jury on lawful order.  The book or file of original prescription orders is open for inspection at all times by the prescribing medical practitioner, the board and its agents and officers of the law in performance of their duties.

B. The board, by rule, shall permit pharmacies to maintain the book or file of all original prescription orders by means of electronic media or image of the original prescription order maintained in a retrievable format in a form that contains information the board requires to provide an adequate record of drugs, devices or replacement soft contact lenses compounded or dispensed.

C. The board, by rule, shall require a similar book or file for a hospital pharmacy in a form that contains information the board requires to provide an adequate record of drugs compounded or dispensed. A prescription order or medication order must be kept for at least seven years.  The administrator, manager or pharmacist must produce this book or file in court or before any grand jury on lawful order.  The book or file of original prescription orders or medication orders is open for inspection at all times by the prescribing medical practitioner, the board and its agents and officers of the law in performance of their duties.

D. A pharmacist, pharmacy permittee or pharmacist in charge shall comply with applicable state and federal privacy statutes and regulations when releasing patient prescription information.
A.R.S. § 32-2616 — Arizona Code / Title 32 / Chapter 26 / Article 2 / Section 2616
32-2616 Qualifying party; responsibilities
Status: in_force

32-2616. Qualifying party; responsibilities

A. An applicant for an agency license shall have a qualifying party.

B. For a sole proprietorship, the qualifying party shall be the agency licensee.

C. For a partnership, corporation or limited liability company, the qualifying party shall be the individual who is liable for managing the agency. All other partners or corporate officers shall register as associates pursuant to article 3 of this chapter.

D. If the qualifying party lives outside this state, the qualifying party shall designate a resident manager who is a manager of the agency, who maintains full-time legal residency in this state and who meets the requirements of sections 32-2612 and 32-2613.

E. If required, the qualifying party shall maintain workers' compensation insurance and liability insurance in effect as prescribed by section 32-2613, subsection C.
A.R.S. § 32-1650.04 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1650.04
32-1650.04 Certified medication assistants; reciprocity
Status: in_force

32-1650.04. Certified medication assistants; reciprocity

A nursing assistant who is certified as a medication assistant by another state qualifies for certification as a certified medication assistant in this state if the applicant:

1. Completes an application on a board prescribed form and submits the fee prescribed by the board by rule.

2. Submits evidence of completion of at least a one hundred hour curriculum in a medication assistant training program.

3. Successfully passes the board approved competency examination pursuant to section 32-1650.03.

4. Has practiced as a medication assistant for at least one hundred sixty hours in the past two years or has completed the training program in the past year.

5. Meets all other requirements of this chapter and board rules.
A.R.S. § 32-3662 — Arizona Code / Title 32 / Chapter 36 / Article 5 / Section 3662
32-3662 Registration
Status: in_force

32-3662. Registration

A. A person shall not directly or indirectly engage or attempt to engage in business as an appraisal management company, directly or indirectly perform or attempt to perform appraisal management services or advertise or hold itself out as engaging in or conducting business as an appraisal management company without first obtaining a registration issued by the deputy director pursuant to this article, regardless of the entity's use of the term "appraisal management company" or "mortgage technology company" or any other name.

B. A person who wishes to be registered as an appraisal management company in this state must file a written application with the deputy director on a form prepared and furnished by the deputy director and pay a fee in an amount to be determined by the deputy director. The registration required by subsection A of this section shall include:

1. The name, residence address, business address and telephone number of the applicant and the location of each principal office and branch office at which the appraisal management company will conduct business in this state.

2. The name under which the applicant will conduct business as an appraisal management company.

3. The name, residence address, business address and telephone number of each person who will have at least a ten percent ownership interest in the appraisal management company as a principal, partner, officer, director or trustee, specifying the capacity and title of each person.

4. If the person seeking registration is a corporation that is not domiciled in this state, the name and contact information for the company's agent for service of process in this state.

5. A certification that the person seeking registration has a system and process in place to verify that a person being added to the appraiser panel for the appraisal management company's appraisal management services in this state holds a license or certification in good standing in this state.

6. A certification that the person seeking registration has a system in place to review the work of all independent appraisers that are performing real property appraisal services for the appraisal management company on a periodic basis to confirm that the real property appraisal services are being conducted in accordance with uniform standards of professional appraisal practice.

7. A certification that the person maintains a detailed record of each service request that it receives and the independent appraiser that performs the real property appraisal services for the appraisal management company.

8. A certification that the person seeking registration has a system in place to train those who select individual appraisers for real property appraisal services in this state to ensure that the selectors have appropriate training in placing appraisal assignments.

9. An irrevocable consent to service of process.

10. A certification that allows the deputy director to examine the books and records of the appraisal management company and a written agreement that requires the appraisal management company to submit reports, information and documents to the deputy director as required by rule.

11. Any other information required by the deputy director deemed reasonable in scope and content and necessary for the implementation and administration of this chapter.

C. The deputy director may deny the application for an initial issuance or renewal of an appraisal management company registration if the applicant has been convicted of a felony or as otherwise prescribed by this chapter.
A.R.S. § 32-1298 — Arizona Code / Title 32 / Chapter 11 / Article 6 / Section 1298
32-1298 Dispensing of drugs and devices; conditions; definition
Status: in_force

32-1298. Dispensing of drugs and devices; conditions; definition

A. A dentist may dispense drugs, except schedule II controlled substances that are opioids, and devices kept by the dentist if:

1. All drugs and devices are dispensed in packages labeled with the following information:

(a) The dispensing dentist's name, address and telephone number.

(b) The date the drug or device is dispensed.

(c) The patient's name.

(d) The name and strength of the drug or device, directions for its use and any cautionary statements required by law.

2. The dispensing dentist enters into the patient's dental record the name and strength of the drug or device dispensed, the date the drug or device is dispensed and the therapeutic reason.

3. The dispensing dentist keeps all drugs and devices in a locked cabinet or room, controls access to the cabinet or room by a written procedure and maintains an ongoing inventory of its contents.

B. Before dispensing a drug or device pursuant to this section, the patient shall be given a written prescription on which appears the following statement in bold type:  "This prescription may be filled by the prescribing dentist or by a pharmacy of your choice."

C. A dentist shall dispense for profit only to the dentist's own patient and only for conditions being treated by that dentist. The dentist shall provide direct supervision of an attendant involved in the dispensing process. For the purposes of this subsection, "direct supervision" means that a dentist is present and makes the determination as to the legitimacy or advisability of the drugs or devices to be dispensed.

D. This section shall be enforced by the board, which shall establish rules regarding labeling, recordkeeping, storage and packaging of drugs and devices that are consistent with the requirements of chapter 18 of this title. The board may conduct periodic inspections of dispensing practices to ensure compliance with this section and applicable rules.

E. For the purposes of this section, "dispense" means the delivery by a dentist of a prescription drug or device to a patient, except for samples packaged for individual use by licensed manufacturers or repackagers of drugs or devices, and includes the prescribing, administering, packaging, labeling and security necessary to prepare and safeguard the drug or device for delivery.
A.R.S. § 32-3801 — Arizona Code / Title 32 / Chapter 38 / Article 1 / Section 3801
32-3801 Personal information maintained by regulatory entities; confidentiality
Status: in_force

32-3801. Personal information maintained by regulatory entities; confidentiality

Notwithstanding any law to the contrary, except as provided in section 32-3226, a professional's residential address and residential telephone number or numbers maintained by a regulatory entity established pursuant to this title are not available to the public unless they are the only address and numbers of record.
A.R.S. § 32-1853.01 — Arizona Code / Title 32 / Chapter 17 / Article 3 / Section 1853.01
32-1853.01 Use of title by a medical assistant
Status: in_force

32-1853.01. Use of title by a medical assistant

It is unlawful for a person to use the title "medical assistant" or a related abbreviation unless the person is working as a medical assistant under the supervision of a doctor of osteopathic medicine pursuant to rules adopted by the board or possesses written verification of successful completion of a training program provided pursuant to rules adopted by the board.
A.R.S. § 32-1451.02 — Arizona Code / Title 32 / Chapter 13 / Article 3 / Section 1451.02
32-1451.02 Disciplinary action; reciprocity
Status: in_force

32-1451.02. Disciplinary action; reciprocity

A. The board shall initiate an investigation pursuant to section 32-1451 if a medical regulatory board in another jurisdiction in the United States has taken disciplinary action against a licensee for an act that occurred in that jurisdiction that constitutes unprofessional conduct pursuant to this chapter.

B. The board shall order the summary suspension of a license pending proceedings for revocation or other action if a medical regulatory board in another jurisdiction in the United States has taken the same action because of its belief that the public health, safety or welfare imperatively required emergency action.
A.R.S. § 32-1333 — Arizona Code / Title 32 / Chapter 12 / Article 2 / Section 1333
32-1333 Notice of change in employment
Status: in_force

32-1333. Notice of change in employment

A. An embalmer or funeral director who is licensed under this article shall notify the department in writing within ten business days after a change in employment. The notice shall include the names of the former and the new establishment.

B. A responsible funeral director who is licensed under this article shall notify the department in writing within five business days after a change in employment, excluding Saturdays, Sundays and other legal holidays.
A.R.S. § 32-1695 — Arizona Code / Title 32 / Chapter 15.1 / Article 3 / Section 1695
32-1695 Judicial review
Status: in_force

32-1695. Judicial review

Except as provided in section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 32-2411 — Arizona Code / Title 32 / Chapter 24 / Article 1 / Section 2411
32-2411 License required; violation; classification
Status: in_force

32-2411. License required; violation; classification

A. A person shall not act or attempt to act as a private investigator or represent that the person is a private investigator unless the person is registered as a private investigator pursuant to this chapter and is acting within the scope of the person’s employment for an agency that is licensed pursuant to article 2 of this chapter.

B. A person who knowingly violates this section is guilty of a class 1 misdemeanor.
A.R.S. § 32-3246 — Arizona Code / Title 32 / Chapter 32 / Article 3 / Section 3246
32-3246 Conditional repeal; notification; withdrawal from compact; request for review
Status: repealed

32-3246. Conditional repeal; notification; withdrawal from compact; request for review

(Conditionally Rpld.)

A. This article is repealed if either of the following occurs:

1. The interstate medical licensure compact commission created pursuant to section 32-3241, section 11 issues a rule or decision that would change the scope of practice of or the definition of unprofessional conduct for a physician licensed pursuant to chapter 13 or 17 of this title inconsistent with title 36, chapter 20, article 1 or any other statute relating to abortion as defined in section 36-2151.

2. A court issues a ruling relating to the enforcement of the medical licensure compact enacted by section 32-3241 that would change the scope of practice of or the definition of unprofessional conduct for a physician licensed pursuant to chapter 13 or 17 of this title inconsistent with title 36, chapter 20, article 1 or any other statute relating to abortion as defined in section 36-2151.

B. The attorney general shall notify in writing the director of the Arizona legislative council of the date on which either of the actions described in subsection A of this section occurs.

C. The repeal of this article pursuant to this section constitutes this state's immediate withdrawal from the medical licensure compact enacted by section 32-3241.  The attorney general shall send written notification to the governor of each other state that has enacted this compact.

D. Any resident of this state or member of the legislature may request in writing that the attorney general review the actions of the interstate medical licensure compact commission or a court ruling relating to the enforcement of the medical licensure compact enacted by section 32-3241 consistent with this section.
A.R.S. § 32-1334 — Arizona Code / Title 32 / Chapter 12 / Article 2 / Section 1334
32-1334 Inactive status
Status: in_force

32-1334. Inactive status

A. A licensed embalmer, funeral director, cremationist or alkaline hydrolysis operator who retires from practicing embalming, funeral directing, cremation or alkaline hydrolysis and who is not currently practicing embalming, funeral directing, cremation or alkaline hydrolysis in this state may request that the department place the person's license on inactive status. The person shall submit the request on a form prescribed by the department and shall pay the applicable fee pursuant to section 32-1309.

B. A person who holds an inactive license shall not practice:

1. Embalming, funeral directing or cremation in this state.

2. Alkaline hydrolysis in this state unless there is another individual at the alkaline hydrolysis facility who operates or supervises the alkaline hydrolysis facility and who is licensed pursuant to this chapter.

C. A person who holds an inactive license may request that the department reactivate the person's license. If an inactive licensee desires to reactivate a license, the inactive licensee shall submit a completed application on a form prescribed by the department, the applicable fee pursuant to section 32-1309, an attestation that the person has completed the required continuing education units, a completed fingerprint card and the prescribed fingerprint background check fee.
A.R.S. § 32-2091.12 — Arizona Code / Title 32 / Chapter 19.1 / Article 4 / Section 2091.12
32-2091.12 Violations; classification
Status: in_force

32-2091.12. Violations; classification

A. It is a class 2 misdemeanor for a person who is not licensed pursuant to this article to engage in the practice of behavior analysis.

B. It is a class 2 misdemeanor for any person to:

1. Secure a license to practice pursuant to this article by fraud or deceit.

2. Impersonate a member of the board in order to issue a license to practice pursuant to this article.

C. It is a class 2 misdemeanor for a person who is not licensed pursuant to this article to use any combination of words, initials and symbols that leads the public to believe the person is licensed to practice behavior analysis in this state.
A.R.S. § 32-1203 — Arizona Code / Title 32 / Chapter 11 / Article 1 / Section 1203
32-1203 State board of dental examiners; qualifications of members; terms
Status: in_force

32-1203. State board of dental examiners; qualifications of members; terms

A. The state board of dental examiners is established consisting of six licensed dentists, two licensed dental hygienists, two public members and one business entity member appointed by the governor for a term of four years, to begin and end on January 1.

B. Before appointment by the governor, 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. 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. Dental hygienist board members may participate in all board proceedings and determinations, except in preparing, giving and grading examinations that do not relate to dental hygiene procedures.

D. A board member shall not serve more than two consecutive terms.

E. 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.
A.R.S. § 32-2197.05 — Arizona Code / Title 32 / Chapter 20 / Article 9 / Section 2197.05
32-2197.05 Escrow or trust account; agreement; evidence of completion; financial assurance
Status: in_force

32-2197.05. Escrow or trust account; agreement; evidence of completion; financial assurance

A. A developer of a timeshare plan shall deposit in an escrow or trust account in a federally insured depository one hundred per cent of all monies that are received during the purchaser’s rescission period. The deposit of these monies shall be evidenced by an executed agreement between the escrow or trust account agent and the developer that includes the following provisions:

1. Monies may be disbursed to the developer by the escrow or trust account agent from the account only after expiration of the purchaser’s rescission period and in accordance with the purchase agreement, subject to subsection B.

2. If a purchaser cancels the purchase agreement pursuant to the agreement's terms, the monies shall be paid to the purchaser or paid to the developer if the purchaser’s monies have been previously refunded by the developer.

B. If a developer contracts to sell a timeshare interest and the construction of any timeshare property in which the timeshare interest is located has not been completed, when the rescission period expires the developer shall continue to maintain in an escrow or trust account all monies received by the developer or on the developer's behalf from the purchaser under a purchase agreement either before or after the rescission period expires.  The types of documentation that shall be required for evidence of completion include a certificate of occupancy, a certificate of substantial completion or an equivalent public safety inspection from an agency in the applicable jurisdiction or other evidence of completion acceptable to the commissioner or as provided by rule.  Monies shall be released from escrow as follows:

1. If a purchaser properly cancels the purchase agreement pursuant to the agreement's terms, the monies shall be paid to the purchaser or paid to the developer if the developer has previously refunded the purchaser’s monies.

2. If a purchaser defaults in the performance of the purchaser’s obligations under the purchase agreement, the monies shall be paid to the developer.

3. If the developer defaults in the performance of the developer's obligations under the purchase agreement, the monies shall be paid to the purchaser.

4. If the monies of a purchaser have not been previously disbursed in accordance with paragraph 2 of this subsection, the monies may be disbursed to the developer by the escrow agent on the issuance of acceptable evidence of completion of construction.

C. In lieu of placing monies in escrow in accordance with this section, the commissioner may accept from the developer a surety bond, irrevocable letter of credit or other financial assurance acceptable to the commissioner or as provided by rule.  Any acceptable financial assurance must be in an amount equal to or in excess of the monies that would otherwise be placed in escrow or in an amount equal to or in excess of the cost to complete the incomplete property in which the timeshare interest is located.

D. The developer shall make documents related to the escrow or trust account or escrow or trust obligation available to the commissioner on the commissioner’s request.  The developer shall maintain any disputed monies in the escrow account until either of the following occurs:

1. The developer receives a written direction agreed to and signed by all parties.

2. A civil action regarding the monies has been filed, in which case the developer shall deposit the monies with the court of appropriate jurisdiction.
A.R.S. § 32-544 — Arizona Code / Title 32 / Chapter 5 / Article 4 / Section 544
32-544 Establishment license renewal
Status: in_force

32-544. Establishment license renewal

A. Except as provided in section 32-4301, an establishment license is renewable each year on or before the anniversary date of the first license by meeting all the requirements for an establishment license and paying the prescribed renewal fee.

B. An establishment owner who fails to renew the owner's establishment license each year on or before the anniversary date of the license shall apply pursuant to section 32-541 and pay the prescribed fee and delinquent renewal penalty.
A.R.S. § 32-2122 — Arizona Code / Title 32 / Chapter 20 / Article 2 / Section 2122
32-2122 License required of brokers and salespersons
Status: in_force

32-2122. License required of brokers and salespersons

A. This article applies to any person acting in the capacity of a:

1. Real estate broker.

2. Real estate salesperson.

3. Cemetery broker.

4. Cemetery salesperson.

5. Membership camping broker.

6. Membership camping salesperson.

B. It is unlawful for any person, corporation, partnership or limited liability company to engage in any business, occupation or activity listed in subsection A of this section without first obtaining a license as prescribed in this chapter and otherwise complying with this chapter.

C. A person, corporation, partnership or limited liability company that is licensed as a salesperson or broker pursuant to this article or that is engaging in any work for which a license is required under this article is subject to the requirements of this chapter in performing any acts included in the definition of a broker unless otherwise provided in this chapter.

D. Except as otherwise provided in this subsection, any act, in consideration or expectation of compensation, that is included in the definition of a real estate broker, cemetery broker or membership camping broker, whether the act is an incidental part of a transaction or the entire transaction, constitutes the person offering or attempting to perform the act of a real estate broker or real estate salesperson, a cemetery broker or cemetery salesperson or a membership camping broker or a membership camping salesperson within the meaning of this chapter. A person who is not a licensee may collect in-person rent and related fees for the use of real estate as part of the person's clerical duties if the person works for a licensee, the rent collection is on behalf of the licensee and the person provides a receipt when rent is paid.
A.R.S. § 32-3556 — Arizona Code / Title 32 / Chapter 35 / Article 3 / Section 3556
32-3556 Unlawful acts
Status: in_force

32-3556. Unlawful acts

From and after August 31, 1991, it is unlawful for a person to:

1. Engage in the practice of respiratory care unless he is licensed or excepted from licensure pursuant to this chapter.

2. Represent himself to be a licensed respiratory care practitioner or an inhalation therapist or use the letters "R.C.P." or "I.T." unless he is licensed pursuant to this chapter.
A.R.S. § 32-1646 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1646
32-1646 Licensed nursing assistants; certified nursing assistants; board powers
Status: in_force

32-1646. Licensed nursing assistants; certified nursing assistants; board powers

A. In the regulation of licensed nursing assistants, the board may:

1. Investigate allegations of violations of this article and refer criminal violations of this article to the appropriate law enforcement agency.

2. File a letter of concern if the board believes there is insufficient evidence to support direct action against the licensed nursing assistant's license but sufficient evidence for the board to notify the licensed nursing assistant of its concern.

3. Deny a license or refuse to renew a license or take disciplinary action if a licensed nursing assistant commits an act of unprofessional conduct.

4. Issue a temporary licensed nursing assistant license to an applicant who meets the qualifications for licensure specified in section 32-1645. The license expires six months after the date of issuance and may be renewed at the discretion of the board.

5. In addition to any other disciplinary action it may take, impose a civil penalty of not more than one thousand dollars for each violation of this chapter.

B. The board shall revoke a license of a person or not issue or renew a license to an applicant who has one or more felony convictions and who has not received an absolute discharge from the sentences for all felony convictions three or more years prior to the date of filing an application pursuant to this chapter.

C. In the regulation of certified nursing assistants the board may:

1. Investigate allegations of abuse, neglect or misappropriation of property and refer criminal violations to the appropriate law enforcement agency.

2. File a letter of concern if the board believes there is insufficient evidence to support direct action against the certified nursing assistant's registration but sufficient evidence for the board to notify the nursing assistant of its concern.

3. Pursuant to the omnibus budget reconciliation act of 1987 (P.L. 100-203; 101 Stat. 1330), as amended by the medicare catastrophic coverage act of 1988 (P.L. 100-360; 102 Stat. 683), indicate on the registration the existence of any substantiated complaints against the certified nursing assistant in compliance with title 41, chapter 6, article 10.
A.R.S. § 32-1835 — Arizona Code / Title 32 / Chapter 17 / Article 2 / Section 1835
32-1835 Specialty certification; prohibited requirement for licensure; definition
Status: in_force

32-1835. Specialty certification; prohibited requirement for licensure; definition

A. The board may not require an applicant for licensure pursuant to this article to hold or maintain a specialty certification as a condition of licensure in this state.  This subsection does not prohibit the board from considering an applicant's specialty certification as a factor in whether to grant a license to the applicant.

B. For the purposes of this section, "specialty certification" means certification by a board that specializes in one particular area of medicine and that may require examinations in addition to those required by this state to be licensed to practice medicine.
A.R.S. § 32-1822 — Arizona Code / Title 32 / Chapter 17 / Article 2 / Section 1822
32-1822 Qualifications of applicant; application; fingerprinting; fees
Status: in_force

32-1822. Qualifications of applicant; application; fingerprinting; fees

A. On a form and in a manner prescribed by the board, an applicant for licensure shall submit proof that the applicant:

1. Is the person named on the application and on all supporting documents submitted.

2. Is a citizen of the United States or a resident alien.

3. Is a graduate of a school of osteopathic medicine approved by the American osteopathic association.

4. Has successfully completed an approved internship, the first year of an approved multiple-year residency or a board-approved equivalency.

5. Has passed the approved examinations for licensure within seven years of application or has the board-approved equivalency of practice experience.

6. Has not engaged in any conduct that, if it occurred in this state, would be considered unprofessional conduct or, if the applicant has engaged in unprofessional conduct, is rehabilitated from the underlying conduct.

7. Is physically, mentally and emotionally able to practice medicine, or, if limited, restricted or impaired in the ability to practice medicine, consents to contingent licensure pursuant to subsection E of this section or to entry into a program prescribed in section 32-1861.

8. Has submitted a full set of fingerprints to the board 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.

B. An applicant must submit with the application the nonrefundable application fee prescribed in section 32-1826 and pay the prescribed license issuance fee to the board at the time the license is issued.

C. The board or the executive director may require an applicant to submit to a personal interview, a physical examination or a mental evaluation or any combination of these, at the applicant's expense, at a reasonable time and place as prescribed by the board if the board determines that this is necessary to provide the board adequate information regarding the applicant's ability to meet the licensure requirements of this chapter. An interview may include medical knowledge questions and other matters that are relevant to licensure.

D. The board may deny a license for any unprofessional conduct that would constitute grounds for disciplinary action pursuant to this chapter or as determined by a competent domestic or foreign jurisdiction.

E. The board may issue a license that is contingent on the applicant entering into a stipulated order that may include a period of probation or a restriction on the licensee's practice.

F. The executive director may issue licenses to applicants who meet the requirements of this section.

G. A person whose license has been revoked, denied or surrendered in this or any other state may apply for licensure not sooner than five years after the revocation, denial or surrender.

H. A license issued pursuant to this section is valid for the remainder of the calendar year in which it was issued, at which time it is eligible for renewal.
A.R.S. § 32-2939 — Arizona Code / Title 32 / Chapter 29 / Article 3 / Section 2939
32-2939 Medical assistants
Status: in_force

32-2939. Medical assistants

This chapter does not prevent a medical assistant from assisting a licensee pursuant to rules adopted by the board.
A.R.S. § 32-1635.02 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1635.02
32-1635.02 Provisional licensure or certification; qualifications; notification; termination; definitions
Status: in_force

32-1635.02. Provisional licensure or certification; qualifications; notification; termination; definitions

A. The board shall issue a provisional license or certificate to an advanced practice registered nurse, a registered nurse or a licensed practical nurse within five business days after the board receives a complete application and the fees required by the board for an out-of-state nurse who is seeking licensure or certification if all of the following apply and the person includes a sworn declaration attesting to the completeness and veracity of the information:

1. The person holds a current license or certificate to practice as an advanced practice registered nurse, a registered nurse or a licensed practical nurse in at least one other state of the United States, and the license or certificate is in good standing in all states of the United States in which the person holds a license or certificate.

2. The person provides proof of a valid and unencumbered license or certificate in another state of the United States through board review of a national nurse license verification system or in another manner determined by the board as sufficient proof that the person is in good standing with all licensing entities that have issued the person a license or certificate.

3. The person has not had a license or certificate revoked or denied and has not voluntarily surrendered a license or certificate in any state of the United States.

4. The person does not have a complaint or investigation pending before a licensing entity in any state of the United States. If the person has any complaint or investigation pending, the five-day time frame does not apply and the board may determine whether the person can safely practice nursing in this state.

5. The person has submitted a full set of fingerprints to the board 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.

6. The person is a resident of this state or attests in the application that the person is physically working or has accepted an offer to physically work in this state.

B. If an advanced practice registered nurse, a registered nurse or a licensed practical nurse applies for a provisional license or certificate pursuant to this section and had discipline imposed by any licensing entity in another state of the United States, the five-day time frame prescribed in subsection A of this section does not apply and the board may determine whether the person can safely practice nursing in this state.

C. The board shall acknowledge by written or oral communication to an applicant for a provisional license or certificate pursuant to this section the date of receipt of the application for provisional licensure or certification. Within five business days after receipt of the application, the board shall provide to the applicant either:

1. A notice of provisional licensure or certification approval.

2. A written explanation of the reason or reasons the applicant is not eligible for provisional licensure or certification. The board shall further investigate the application as necessary to determine whether the applicant may be licensed or certified pursuant to this section or another section of this article.

D. A person who applies for or receives a provisional license or certificate pursuant to this section is subject to the laws regulating the person's practice in this state and is subject to the board's jurisdiction.

E. A provisional license or certificate issued pursuant to this section is valid only in this state and allows the person to whom it is issued to practice as an advanced practice registered nurse, a registered nurse or a licensed practical nurse in this state.

F. Except as provided in subsection G of this section, a provisional license or certificate issued pursuant to this section may be converted to a regular, single-state license or certificate six months after the provisional license or certificate is issued and is valid until the regular license or certificate is required to be renewed pursuant to this article.

G. The board may terminate a provisional license or certificate issued pursuant to this section within six months after issuance if the board determines that there is a reasonable basis to require restrictions on or the termination of the provisional license or certificate.

H. Any fees required pursuant to this section are waived for veterans of the United States armed forces and spouses of active duty members of the United States armed forces.

I. For the purposes of this section:

1. "Licensing entity" means the regulatory body of a state of the United States that is responsible for regulating the practice of nursing and advanced practice registered nursing.

2. "Resident" means a person who meets one of the following:

(a) Has obtained a driver license or nonoperating identification license in this state.

(b) Has registered to vote in this state.

(c) Declares this state as the person's home state for federal tax purposes.

(d) Has lived in this state for more than six months in the preceding year.

(e) Is active military or an active military spouse who is currently posted in this state.
A.R.S. § 32-1693 — Arizona Code / Title 32 / Chapter 15.1 / Article 3 / Section 1693
32-1693 Denial, suspension and revocation of license; other disciplinary sanctions
Status: in_force

32-1693. Denial, suspension and revocation of license; other disciplinary sanctions

A. The board may deny the application of any applicant who fails to meet the qualifications prescribed by this chapter or board rules.

B. The board may take any combination of the following disciplinary actions against a licensee pursuant to section 32-1691.01:

1. Suspend or revoke the license.  Suspension of a license shall be for a specified period not to exceed one year.

2. Enter a decree of censure.  In entering a decree of censure the board may require that restitution be made to the aggrieved party.

3. Place a licensee on probation. In the issuance of an order fixing a period and terms of probation, the board shall be guided by such considerations as are necessary to protect the public health, safety and welfare and to rehabilitate the licensee.

4. Enter an order of restitution.

5. Impose a civil penalty of not more than one thousand dollars for each violation of this chapter or board rules.

C. Reapplication for a license after revocation shall be made in the same manner as the application for an original license and not sooner than two years after the date the board revoked the license.

D. Failure to comply with any final board order, including an order prescribed by this section, is cause for suspension or revocation of a license.
A.R.S. § 32-2392 — Arizona Code / Title 32 / Chapter 23 / Article 3 / Section 2392
32-2392 Violation; classification
Status: in_force

32-2392. Violation; classification

A person who violates any provision of this chapter is guilty of a class 3 misdemeanor.
A.R.S. § 32-503 — Arizona Code / Title 32 / Chapter 5 / Article 1 / Section 503
32-503 Organization; meetings; personnel; compensation
Status: in_force

32-503. Organization; meetings; personnel; compensation

A. The board shall annually elect a chairperson, vice chairperson and secretary-treasurer from among its membership.

B. The board shall hold at least one regular meeting monthly and may hold other meetings at times and places it designates.

C. Subject to title 41, chapter 4, article 4, the board may employ the following personnel as it deems necessary to carry out the purposes of this chapter and designate their duties:

1. An executive director.

2. Persons to provide investigative, professional and clerical assistance.

3. Consultants to assist the board in performing its duties.

4. Other personnel.

D. Members of the board are eligible to receive compensation as determined pursuant to section 38-611 for each day of actual service in the business of the board. The board shall compensate its executive director and other personnel as determined pursuant to section 38-611.
A.R.S. § 32-2197.12 — Arizona Code / Title 32 / Chapter 20 / Article 9 / Section 2197.12
32-2197.12 Blanket encumbrance; lien; alternative assurance
Status: in_force

32-2197.12. Blanket encumbrance; lien; alternative assurance

Excluding any encumbrance placed against the purchaser’s timeshare interest securing the purchaser’s payment of purchase money financing for the purchase, the developer is not entitled to the release of any monies placed in escrow under section 32-2197.05 with respect to each timeshare interest and any other property or rights to property appurtenant to the timeshare interest, including any amenities represented to the purchaser as being part of the timeshare plan, until the developer has provided satisfactory evidence to the commissioner of one of the following:

1. The timeshare interest together with any other property or rights to property appurtenant to the timeshare interest, including any amenities represented to the purchaser as being part of the timeshare plan, are free and clear of any of the claims of the developer, any owner of the underlying fee, a mortgagee, judgment creditor or other lienor or any other person having a blanket encumbrance against the timeshare interest or appurtenant property or property rights.

2. The developer, any owner of the underlying fee, a mortgagee, judgment creditor or other lienor or any other person having a blanket encumbrance against the timeshare interest or appurtenant property or property rights, including any amenities represented to the purchaser as being part of the timeshare plan, has recorded a subordination and notice to creditors document in the appropriate public records of the jurisdiction in which the timeshare interest is located. The subordination document shall expressly and effectively provide that the interest holder’s right or blanket encumbrance does not adversely affect and is subordinate to the rights of the owners of the timeshare interests in the timeshare plan regardless of the date of purchase, from and after the effective date of the subordination document.

3. The developer, any owner of the underlying fee, a mortgagee, judgment creditor or other lienor or any other person having a blanket encumbrance against the timeshare interest or appurtenant property or property rights, including any amenities represented to the purchaser as being part of the timeshare plan, has transferred the subject accommodations or amenities or all use rights to the accommodations or amenities to a nonprofit organization or owners’ association to be held for the use and benefit of the owners of the timeshare plan.  The organization or association shall act as a fiduciary to the purchasers, if the developer has transferred control of the organization or association to the owners or does not exercise voting rights in the organization or association with respect to the subject accommodations or amenities.  Before the transfer, any blanket encumbrance against the accommodation or facility shall be made subject to a subordination and notice to creditors instrument pursuant to paragraph 2.

4. Alternative arrangements have been made that are adequate to protect the rights of the purchasers of the timeshare interests and approved by the commissioner.
A.R.S. § 32-1855.02 — Arizona Code / Title 32 / Chapter 17 / Article 3 / Section 1855.02
32-1855.02 Physicians; duty to report
Status: in_force

32-1855.02. Physicians; duty to report

If a death or an incident requiring emergency medical response occurs in a dental office or dental clinic during the administration of or recovery from general anesthesia or sedation by a physician, the physician shall, and any other person may, report the death or incident to the board within seven business days after the occurrence.
A.R.S. § 32-1925 — Arizona Code / Title 32 / Chapter 18 / Article 2 / Section 1925
32-1925 Renewal of license of pharmacists, interns and pharmacy technicians; fees; expiration dates; penalty for failure to renew; continuing education
Status: in_force

32-1925. Renewal of license of pharmacists, interns and pharmacy technicians; fees; expiration dates; penalty for failure to renew; continuing education

A. Except for interns and pharmacy technician trainees, the board shall assign all persons who are licensed under this chapter to one of two license renewal groups. Except as provided in section 32-4301, a holder of a license certificate designated in the licensing database as even by way of verbiage or numerical value shall renew it biennially on or before November 1 of the even-numbered year, two years after the last renewal date. Except as provided in section 32-4301, a holder of a license certificate designated in the licensing database as odd by way of verbiage or numerical value shall renew it biennially on or before November 1 of the odd-numbered year, two years after the last renewal date.  Failure to renew and pay all required fees on or before November 1 of the year in which the renewal is due suspends the license. The board shall vacate a suspension when the licensee pays all past due fees and reinstatement penalties. Reinstatement penalties shall not exceed $350. The board may waive collection of a fee or reinstatement penalty due after suspension under conditions established by a majority of the board.

B. A person shall not apply for license renewal more than sixty days before the expiration date of the license.

C. A person who is licensed as a pharmacist or a pharmacy technician and who has not renewed the license for five consecutive years shall furnish to the board satisfactory proof of fitness to be licensed as a pharmacist or a pharmacy technician.  A person whose license has lapsed for two or more renewal cycles shall pay the fees for the two most recent renewal cycles and the penalties before being reinstated.

D. Biennial renewal fees for licensure shall be not more than:

1. For a pharmacist, $250.

2. For a pharmacy technician, $100.

3. For a duplicate renewal license, $25.

E. Fees that are designated to be not more than a maximum amount shall be set by the board for the following two fiscal years beginning November 1. The board shall establish fees approximately proportionate to the maximum fee allowed to cover the board's anticipated expenditures for the following two fiscal years. Variation in a fee is not effective except at the expiration date of a license.

F. The board shall not renew a license for a pharmacist unless the pharmacist has complied with the mandatory continuing professional pharmacy education requirements of sections 32-1936 and 32-1937.

G. The board shall prescribe intern licensure renewal fees that do not exceed $75. The license of an intern who does not receive specific board approval to renew the intern license or who receives board approval to renew but who does not renew and pay all required fees before the license expiration date is suspended after the license expiration date. The board shall vacate a suspension if the licensee pays all past due fees and penalties. Penalties shall not exceed $350. The board may waive collection of a fee or penalty due after suspension under conditions established by the board.

H. The board shall not renew a license for a pharmacy technician unless that person has a current board-approved license and has complied with board-approved mandatory continuing professional education requirements. If a pharmacy technician prepares, compounds or dispenses prescription medications at a remote dispensing site pharmacy, the pharmacy technician shall complete, in addition to any other board-approved mandatory continuing professional education requirements, a two-hour continuing education program on remote dispensing site pharmacy practices provided by an approved provider.
A.R.S. § 32-1804 — Arizona Code / Title 32 / Chapter 17 / Article 1 / Section 1804
32-1804 Executive director; compensation; duties
Status: in_force

32-1804. Executive director; compensation; duties

A. Subject to title 41, chapter 4, article 4, the board shall appoint an executive director who is not a member of the board. The executive director shall serve at the pleasure of the board and shall receive compensation as determined pursuant to section 38-611 to be paid from the board fund.

B. The executive director or that person's designee shall:

1. Serve as administrative assistant to the board and manage the board's offices.

2. Collect all monies due and payable to the board.

3. Deposit, pursuant to sections 35-146 and 35-147, all monies received by the board in the appropriate fund.

4. Pay all bills for authorized board expenditures.

5. Administer oaths.

6. Act as custodian of the board's seal and books.

7. Employ special consultants or other agents subject to title 41, chapter 4, article 4 to make investigations, gather information, review complaints, review malpractice claims, suits and settlements, prepare reports and perform other duties the executive director determines are necessary to enforce this chapter.

8. Subject to title 41, chapter 4, article 4 and, as applicable, articles 5 and 6, employ, evaluate, dismiss, discipline and direct professional, clerical, technical, investigative and administrative personnel necessary to carry out the purposes of this chapter. The personnel are eligible to receive compensation pursuant to section 38-611.

9. Issue licenses, limited licenses, registrations, permits, license renewal extensions and waivers to applicants who meet the requirements of this chapter.

10. Enter into contracts pursuant to title 41, chapter 23 for goods and services that are necessary to carry out board policies and directives.

11. Prepare minutes, reports and records of all board transactions and orders.

12. Prepare a biannual budget.

13. As directed by the board, prepare and submit recommendations for changes to this chapter for consideration by the legislature.

14. Initiate an investigation if evidence appears to demonstrate that a physician may be engaged in unprofessional conduct or may be mentally incompetent or physically unable to safely practice medicine.

15. Issue subpoenas to compel the attendance and testimony of a witness and the production of evidence.

16. As directed by the board, provide assistance to the attorney general in preparing and executing disciplinary orders, rehabilitation orders and notices of hearings.

17. Represent the board with the federal government, other states and jurisdictions of the United States, this state, political subdivisions of this state, the news media and the public.

18. If delegated by the board, dismiss complaints that, after an investigation, demonstrate insufficient evidence that the physician's conduct violated this chapter.

19. If delegated by the board, enter into a stipulated agreement with a licensee for the treatment, rehabilitation and monitoring of the licensee's abuse or misuse of a chemical substance.

20. Review all complaints filed pursuant to section 32-1855. If delegated by the board, the executive director may also dismiss a complaint if the complaint is without merit.  The executive director shall not dismiss a complaint if a court has entered a medical malpractice judgment against a physician.  The executive director shall submit to the board a report of each complaint the executive director dismisses for its review at its next regular board meeting.  The report shall include the complaint number, the name of the physician and the investigation timeline for each dismissed complaint.

21. If delegated by the board, refer complaints for an investigative hearing.

22. If delegated by the board, close complaints resolved through mediation.

23. If delegated by the board, issue letters of concern or orders for nondisciplinary education, or both.

24. If delegated by the board, enter into a consent agreement if there is evidence of danger to the public health and safety.

25. If delegated by the board, grant uncontested requests for cancellation of a license pursuant to section 32-1827.

26. Perform any other duty required by the board.
A.R.S. § 32-2119 — Arizona Code / Title 32 / Chapter 20 / Article 1 / Section 2119
32-2119 Consumer education; water supply definitions; map
Status: in_force

32-2119. Consumer education; water supply definitions; map

A. The department of real estate shall post on its website information advising prospective home buyers to investigate water availability before purchasing real property and shall include a link to the website of the department of water resources for definitions of the following terms that apply in areas of the state outside active management areas, as required by section 45-108.05:

1. Adequate water supply.

2. Inadequate water supply.

3. Property served by a water provider currently designated as having an adequate water supply.

4. No water supply determination.

B. The department of real estate shall display on its website a current map of all areas in this state that are outside active management areas established pursuant to title 45, chapter 2, article 2.
A.R.S. § 32-1297.06 — Arizona Code / Title 32 / Chapter 11 / Article 5 / Section 1297.06
32-1297.06 Denturist certification; continuing education; certificate reinstatement; certificate for each place of practice; notice of change of address or place of practice; penalties
Status: in_force

32-1297.06. Denturist certification; continuing education; certificate reinstatement; certificate for each place of practice; notice of change of address or place of practice; penalties

A. Except as provided in section 32-4301, a certification expires thirty days after the certificate holder's birth month every third year. On or before the last day of the certificate holder's birth month every third year, every certified denturist shall submit to the board a complete renewal application and shall pay a certificate renewal fee of not more than $300, established by a formal vote of the board.  At least once every three years, before establishing the fee, the board shall review the amount of the fee in a public meeting. Any change in the amount of the fee shall be applied prospectively to a certificate holder at the time of certification renewal. This requirement does not apply to a retired denturist or to a denturist with a disability.

B. A certificate holder shall include a written affidavit with the renewal application that affirms that the certificate holder complies with board rules relating to continuing education requirements. A certificate holder is not required to complete the written affidavit if the certificate holder received an initial certification within the year immediately preceding the expiration date of the certificate or the certificate holder is in disabled status. If the certificate holder is not in compliance with board rules relating to continuing education, the board may grant an extension of time to complete these requirements if the certificate holder includes a written request for an extension with the renewal application instead of the written affidavit and the renewal application is received on or before the last day of the certificate holder's birth month of the expiration year. The board shall consider the extension request based on criteria prescribed by the board by rule. If the board denies an extension request, the certificate expires thirty days after the certificate holder's birth month of the expiration year.

C. A person applying for a certificate for the first time in this state shall pay a prorated fee for the period remaining until the certificate holder's next birth month. This fee shall not exceed one-third of the fee established pursuant to subsection A of this section.  Subsequent certifications shall be conducted pursuant to this section.

D. An expired certificate may be reinstated by submitting a complete renewal application within the twenty-four-month period immediately following the expiration of the certificate with payment of the renewal fee and a $100 penalty. Whenever issued, reinstatement is as of the date of application and entitles the applicant to certification only for the remainder of the applicable three-year period. If a person does not reinstate a certificate pursuant to this subsection, the person must reapply for certification pursuant to this chapter.

E. Each certificate holder must provide to the board in writing both of the following:

1. A primary mailing address.

2. The address for each place of practice.

F. A certificate holder maintaining more than one place of practice shall obtain from the board a duplicate certificate for each office. The board shall set and charge a fee for each duplicate certificate. A certificate holder shall notify the board in writing within ten days after opening an additional place of practice.

G. A certificate holder shall notify the board in writing within ten days after changing a primary mailing address or place of practice address listed with the board. The board shall impose a $50 penalty if a certificate holder fails to notify the board of the change within that time. The board shall increase the penalty imposed to $100 if a certificate holder fails to notify it of the change within thirty days.
A.R.S. § 32-1684 — Arizona Code / Title 32 / Chapter 15.1 / Article 2 / Section 1684
32-1684 License issuance, renewal and reinstatement
Status: in_force

32-1684. License issuance, renewal and reinstatement

A. Within a reasonable time after the receipt of an original application or renewal application, together with the fee required by section 32-1685, the board shall investigate the qualifications of the applicant.  The board shall approve the application if the applicant meets the qualifications of this chapter and board rules and shall allow the applicant for initial licensure to sit for the practical examination. The board shall issue a license if the applicant successfully completes this examination.  If the board disapproves an original or renewal application it shall notify the applicant pursuant to section 32-1694, subsection A.

B. Except as provided in section 32-4301, on or before December 31 of each year a licensee shall submit a renewal application on a form prescribed by the board.  The licensee shall submit the renewal fee prescribed by section 32-1685 with the application.

C. A licensee who submits a renewal application and renewal fee after December 31 but before the following January 31 shall pay a late fee prescribed by section 32-1685 in addition to the renewal fee. The board may allow a licensee additional time to submit a renewal application if the licensee demonstrates to the board's satisfaction good cause to do so.

D. Except as provided in section 32-4301, a license expires if it is not renewed before January 31 following the December 31 expiration date.  A person who does not submit a renewal application, a renewal fee and a late fee before that date may submit an application for reinstatement on a form prescribed by the board within one year after the license expiration date.  The applicant for reinstatement shall submit the renewal fee and a late fee prescribed by section 32-1685 with the application.  The applicant shall take the state board practical examination. The applicant shall also take the national examinations if the applicant did not successfully complete those examinations before the applicant obtained the original license.

E. A person who does not submit a reinstatement application and applicable fees within one year after the license expiration date shall apply for licensure as an original applicant.
A.R.S. § 32-106.01 — Arizona Code / Title 32 / Chapter 1 / Article 1 / Section 106.01
32-106.01 Petition for injunction
Status: in_force

32-106.01. Petition for injunction

A. The superior court may issue an injunction immediately upon a petition filed as provided in this section to enjoin the practice of any board regulated profession or occupation by any person not registered or certified to practice the occupations or exempt pursuant to this chapter from registration requirements.

B. In a petition for injunction pursuant to subsection A of this section, it shall be sufficient to charge that the respondent on a day certain in a named county engaged in the practice of any board regulated profession or occupation without a registration and without being exempt pursuant to this chapter from registration requirements. No showing of damage or injury shall be required.

C. Such petition shall be filed in the name of the state by the board or at the request of the board by the attorney general or any county attorney in any county where the respondent resides or may be found.

D. Issuance of an injunction shall not relieve the respondent from being subject to any proceedings pursuant to section 32-145, or otherwise. Any violation of an injunction shall be punished as contempt of court.

E. In all other respects, injunction proceedings pursuant to this section shall be governed by title 12, chapter 10, article 1.
A.R.S. § 32-2198.14 — Arizona Code / Title 32 / Chapter 20 / Article 10 / Section 2198.14
32-2198.14 Advertising availability of campgrounds to campground members; blanket encumbrances
Status: in_force

32-2198.14. Advertising availability of campgrounds to campground members; blanket encumbrances

A. No membership campground may be advertised or promoted in any way that guarantees the unimpeded use of or access to the campground's properties unless the membership camping operator applies for and receives approval by filing information satisfactory to the department guaranteeing that the purchasers of membership camping contracts cannot be denied access to and use of campground properties pursuant to the membership camping contracts. The department may require the applicant to pay for any costs of experts hired by the department to evaluate the application, nondisturbance clause or financial condition of the applicant. No lien or encumbrance may be construed to deny access and use.

B. The applicant shall include satisfactory evidence that purchasers of campground memberships acquire an unimpeded and irrevocable right of access to and use of campground properties by means acceptable to the department, including:

1. A duly recorded nondisturbance agreement from each holder of a lien or encumbrance on a membership campground that provides minimally for:

(a) Enforcement of the agreement by individual campground members.

(b) Effectiveness of the agreement notwithstanding insolvency, bankruptcy of the membership campground operator or sale of the campground.

(c) Binding successors in interest of both the campground membership operator and each holder of a lien or encumbrance.

(d) Alternative means to continue operation of the campground if the campground operator, holder of a lien or encumbrance or purchaser who obtains title or possession of the campground ceases to act as operator.

2. A bond or irrevocable letter of credit posted by the membership camping operator in an aggregate principal amount sufficient to cover the indebtedness remaining under any lien or encumbrance.

3. Other financial assurances reasonably acceptable to the department.
A.R.S. § 32-3616 — Arizona Code / Title 32 / Chapter 36 / Article 2 / Section 3616
32-3616 Terms of license or certificate
Status: in_force

32-3616. Terms of license or certificate

A. Except as provided in subsection B of this section, a license or certificate issued under this chapter is valid for two years from the date of issuance. The expiration date of the license or certificate shall appear on the license or certificate.

B. A registration certificate issued for registered trainee appraisers shall be valid for three years from the date of issuance.  The expiration date of the registration shall appear on the registration certificate.
A.R.S. § 32-145 — Arizona Code / Title 32 / Chapter 1 / Article 3 / Section 145
32-145 Violations; classification
Status: in_force

32-145. Violations; classification

Any person who commits any of the following acts is guilty of a class 2 misdemeanor:

1. Practices, offers to practice or by any implication holds himself out as qualified to practice any board regulated profession or occupation if the person is not registered or certified as provided by this chapter.

2. Advertises or displays any card, sign or other device that may indicate to the public that the person is certified or registered or is qualified to practice any board regulated profession or occupation if the person is not certified or registered as provided by this chapter.

3. Uses "certified", "professional certified", "professional", "PE", "registered", "registered professional" or "professional registered" in conjunction with any board regulated profession or occupation if the person is not certified or registered as provided by this chapter.

4. Uses a certification or certificate of registration of another, or uses an expired or revoked certification or certificate of registration.

5. Presents false evidence to the board with the intent to obtain a certification or a certificate of registration.

6. Otherwise violates any provision of this chapter.
A.R.S. § 32-1635.01 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1635.01
32-1635.01 Temporary certifications; expiration
Status: in_force

32-1635.01. Temporary certifications; expiration

A. The board may issue a temporary nurse practitioner, certified nurse midwife or clinical nurse specialist certificate, including prescribing and dispensing authority, or a temporary clinical nurse specialist certificate to a registered nurse who holds an unencumbered temporary or permanent license and who meets the requirements for certification and prescribing and dispensing authority as prescribed by this chapter and board rules.

B. A temporary certificate expires on the date specified in the certificate and may be renewed at the discretion of the executive director.
A.R.S. § 32-2163 — Arizona Code / Title 32 / Chapter 20 / Article 3 / Section 2163
32-2163 Unlawful acts; out-of-state broker; cooperation agreement
Status: in_force

32-2163. Unlawful acts; out-of-state broker; cooperation agreement

A. It is unlawful for any licensed broker in this state to employ or compensate, directly or indirectly, any person for performing any of the acts within the scope of this chapter if the person is not also a licensed broker in this state, or a salesperson licensed under the broker employing or compensating the salesperson, except that a licensed broker in this state may pay compensation to and receive compensation from a broker who is lawfully operating in another state.

B. Notwithstanding that pursuant to subsection A of this section a licensed broker in this state may pay to and receive compensation from an out-of-state broker, this authority does not allow an out-of-state broker to conduct activity in this state that would otherwise require a broker's license issued by the department.

C. A licensed broker in this state may cooperate with an out-of-state broker who would otherwise require licensure in this state if:

1. The licensed broker and the out-of-state broker enter into a written cooperation agreement before the out-of-state broker conducts any activity otherwise requiring a broker's license pursuant to this chapter. The cooperation agreement shall include the following:

(a) A list of the real estate activities to be conducted by the out-of-state broker.

(b) A statement that the out-of-state broker agrees to fully comply with the laws of this state and submit to the regulatory jurisdiction of the department for activities subject to real estate broker licensure pursuant to this chapter.

(c) A statement that the licensed broker in this state understands and accepts responsibility for the acts of the out-of-state broker.

2. All negotiations in this state or with people who own property in this state are conducted through the licensed broker in this state.

3. The licensed broker in this state assumes all responsibility for the acts of the out-of-state broker.

4. All principal funds handled by either the licensed broker in this state or the out-of-state broker are subject to the deposit and handling requirements of section 32-2151.

D. The offering of real estate brokerage services specified by section 32-2101, paragraph  51 for compensation or any other thing of value pertaining to real property located in this state through an internet website constitutes activity that requires a broker's license issued by the department.

E. This section does not allow an out-of-state broker who is not licensed in this state to list, market or advertise in this state real property located in this state for sale, lease or exchange.

F. Signs shall not be placed on real property in this state by an out-of-state broker.  An out-of-state broker shall not use a cooperation agreement as authority to sell, lease, rent, exchange or attempt to sell, lease, rent or exchange real property to a resident of this state.
A.R.S. § 32-4104 — Arizona Code / Title 32 / Chapter 41 / Article 1 / Section 4104
32-4104 Executive director; personnel
Status: in_force

32-4104.  Executive director; personnel

A. The executive director of the board of occupational therapy examiners shall also serve as the executive director of the board of athletic training.  Both boards shall jointly select the executive director.

B. The board of athletic training shall select staff to serve its board or shall direct the executive director to select these staff members.
A.R.S. § 32-1302 — Arizona Code / Title 32 / Chapter 12 / Article 1 / Section 1302
32-1302 Advisory committee; members; appointment; terms; compensation; meetings; duties
Status: in_force

32-1302. Advisory committee; members; appointment; terms; compensation; meetings; duties

A. An advisory committee is established to collaborate with and advise the director about matters relating to the regulation of the funeral services industry. The advisory committee consists of seven members who are appointed by the director.  The advisory committee shall include:

1. Two members who are funeral directors licensed under this chapter.

2. One member who is an embalmer licensed under this chapter.

3. One member who is a cremationist licensed under this chapter.

4. Three public members who are residents of this state, one of whom is an owner or manager of a business that has no pecuniary or proprietary interest in a funeral establishment or crematory or in the sale of funeral goods and services. The public members shall not be licensed under this chapter currently or have been licensed under this chapter in the five years preceding appointment.

B. Members of the advisory committee shall not receive compensation but shall be reimbursed for subsistence expenses pursuant to section 38-624 and travel expenses pursuant to section 38-623.

C. The advisory committee shall annually select from its membership a chairperson for the advisory committee.

D. The advisory committee shall hold meetings:

1. Twice per year at a time and place designated by the chairperson.

2. At the director's request.

E. The advisory committee shall:

1. Provide the director with such recommendations as it deems necessary and beneficial to the best interests of the public.

2. Provide recommendations on specific questions or proposals as the advisory committee deems necessary or as requested by the director.
A.R.S. § 32-3923 — Arizona Code / Title 32 / Chapter 39 / Article 2 / Section 3923
32-3923 Use of title or abbreviation by licensee; prohibited acts; posting of license
Status: in_force

32-3923. Use of title or abbreviation by licensee; prohibited acts; posting of license

A. A person who is licensed pursuant to this chapter may use the title "licensed acupuncturist" and the abbreviation "L.Ac.".

B. A person who is not licensed pursuant to this chapter shall not use any title, abbreviation, words, letters, signs or figures to indicate that the person is licensed pursuant to this chapter.

C. Possession of a license pursuant to this chapter does not by itself entitle a person to use the title "doctor" or "physician".

D. A person who is licensed pursuant to this chapter shall post the license or an official duplicate of the license in a conspicuous location in the reception area of each office facility of that licensee.

E. A person who is licensed pursuant to this chapter shall not represent to any member of the public that, by virtue of that license, the person is licensed to practice any modality other than acupuncture.
A.R.S. § 32-593 — Arizona Code / Title 32 / Chapter 5 / Article 7 / Section 593
32-593 Data system
Status: in_force

32-593. Data system

A. The commission shall provide for the development, maintenance, operation and use of a coordinated database and reporting system.

B. The commission shall assign each applicant for a multistate license a unique identifier, as determined by commission rules.

C. Notwithstanding any other law, a member state shall submit a uniform data set to the data system on all individuals to whom this compact applies as required by commission rules, including:

1. Identifying information.

2. Licensure data.

3. Adverse actions against a license and information related to the adverse actions.

4. Nonconfidential information related to alternative program participation, the beginning and ending dates of the participation and other information related to the participation.

5. Any denial of application for licensure and the reason for the denial, excluding the reporting of any criminal history record information if it is prohibited by law.

6. The existence of investigative information.

7. The existence of current significant investigative information.

8. Other information that may facilitate the administration of this compact or the protection of the public, as determined by commission rules.

D. The records and information provided to a member state pursuant to this compact or through the data system, when certified by the commission or the commission's agent, constitute the authenticated business records of the commission and are entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a member state.

E. The existence of current significant investigative information and the existence of investigative information pertaining to a licensee in any member state is available only to other member states.

F. It is the responsibility of the member states to monitor the data system to determine whether adverse action has been taken against a licensee or license applicant.  Adverse action information pertaining to a licensee or license applicant in any member state will be available to any other member state.

G. Member states that contribute information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

H. Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.
A.R.S. § 32-1660.02 — Arizona Code / Title 32 / Chapter 15 / Article 2.1 / Section 1660.02
32-1660.02 Open meeting requirements
Status: in_force

32-1660.02. Open meeting requirements

If a meeting, or a portion of a meeting, of the interstate commission of nurse licensure compact administrators is closed pursuant to section 32-1660, article VII, subsection B, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision consistent with title 38, chapter 3, article 3.1.
A.R.S. § 32-582 — Arizona Code / Title 32 / Chapter 5 / Article 7 / Section 582
32-582 Member state requirements
Status: in_force

32-582. Member state requirements

A. To be eligible to join this compact and to maintain eligibility as a member state, a state must do all of the following:

1. License and regulate cosmetology.

2. Have a mechanism or entity in place to receive and investigate complaints about licensees practicing in that state.

3. Require licensees within that state to pass a cosmetology competency examination before being licensed to provide cosmetology services to the public in that state.

4. Require that licensees satisfy educational or training requirements in cosmetology before being licensed to provide cosmetology services to the public in that state.

5. Implement procedures for considering one or more of the following categories of information from applicants for licensure: criminal history, disciplinary history or background checks. Such procedures may include the submission of information by applicants for the purpose of obtaining an applicant's background check.

6. Participate in the data system, including through the use of unique identifying numbers.

7. Share information related to adverse actions with the commission and other member states, both through the data system and otherwise.

8. In compliance with the terms of this compact and rules of the commission, notify the commission and other member states of the existence of investigative information or current significant investigative information in the state's possession regarding a licensee practicing in that state.

9. Comply with rules that are enacted by the commission to administer this compact.

10. Accept licensees from other member states pursuant to this compact.

B. Member states may charge a fee for granting a license to practice cosmetology.

C. Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state.  A single-state license granted pursuant to this subsection shall not be recognized as granting these individuals a multistate license to provide services in any other member state.

D. This compact does not affect the requirements established by a member state for the issuance of a single-state license.

E. A multistate license issued to a licensee by a home state to a resident of that state shall be recognized by each member state as authorizing the licensee to practice cosmetology in each member state.

F. The commission may not define the educational or professional requirements for a licensee to practice cosmetology.  The member states retain sole jurisdiction over the provision of these requirements.
A.R.S. § 32-2209 — Arizona Code / Title 32 / Chapter 21 / Article 1 / Section 2209
32-2209 Substance abuse treatment and rehabilitation plan; private contract; funding
Status: in_force

32-2209. Substance abuse treatment and rehabilitation plan; private contract; funding

A. The board may establish a plan for the treatment and rehabilitation of licensees or certificate holders who are impaired by alcohol or drug abuse.  The plan shall include education, intervention, therapeutic treatment and posttreatment monitoring and support.

B. The board may contract with other organizations to implement the plan established pursuant to subsection A of this section.  A contract with a private organization shall require that the private organization do all of the following:

1. Make periodic reports to the board regarding treatment program activity.

2. Pursuant to a written request by the board or its executive director with direction from the chairman, release all treatment records.

3. Make quarterly reports to the board by case number regarding each participant's diagnosis and prognosis and recommendations for each participant's continuing care, treatment and supervision.

4. Immediately report to the board the name of an impaired licensee or certificate holder whom the organization believes to be a danger to the licensee or certificate holder or to others.

5. Immediately report to the board the name of a participant who refuses to submit to treatment or whose impairment is not substantially alleviated through treatment.

C. The board may allocate up to five per cent from each fee collected from renewal of licenses pursuant to section 32-2219 for implementation of the plan established by this section.

D. A licensee or certificate holder who is impaired by alcohol or drug abuse may enter into a stipulation order with the board, or the licensee or certificate holder may be placed on probation or be subject to other action as provided by law.  A licensee or certificate holder who is impaired by alcohol or drug abuse and who self-refers before any board investigation or disciplinary action may enter into a nondisciplinary and confidential contract with the plan administrator for participation in the plan.

E. Participants in the plan are either confidential or known.  Confidential participants are self-referred and may remain unidentified to the board, subject to maintaining compliance with their nondisciplinary and confidential contract with the plan administrator.  Known participants are under a board order of discipline to complete a minimum tenure in the plan.  After a known participant completes the minimum tenure, the board may terminate the board order and reinstate the participant's license to practice veterinary medicine or certification as a veterinary technician.
A.R.S. § 32-2198.03 — Arizona Code / Title 32 / Chapter 20 / Article 10 / Section 2198.03
32-2198.03 Exemptions
Status: in_force

32-2198.03. Exemptions

A. The following transactions are exempt from the provisions of section 32-2198:

1. An offer, sale or transfer by any one person of not more than one membership camping contract in any twelve month period any agent for the person, participating in more than one transaction in a twelve-month period is not exempt from registration as a membership camping salesperson under this chapter if he receives a commission or similar payment for the sale or transfer.

2. An offer or sale by a government or subdivision of a government agency.

3. An offer, sale or transfer by a membership camping operator of a membership camping contract previously authorized if the offer, sale or transfer constitutes a transfer to an owner other than the original owner of the contract.

B. The commissioner may by special order exempt from the provisions of section 32-2198 the offer for sale or the sale of membership camping contracts on written petition and a showing by the petitioner satisfactory to the commissioner that compliance with this chapter is not essential to the public interest or for the protection of purchasers.
A.R.S. § 32-1126 — Arizona Code / Title 32 / Chapter 10 / Article 2 / Section 1126
32-1126 Fees
Status: in_force

32-1126. Fees

A. The license fees prescribed by this chapter are as follows:

1. Application and license fees for an original biennial license:

(a) For general residential contracting and subclassifications of general residential contracting, not more than $500.

(b) For general commercial contracting and subclassifications of general commercial contracting, not more than $1,500.

(c) For general dual licensed contracting, not more than $2,000.

(d) For specialty residential contracting, not more than $350.

(e) For specialty commercial contracting, not more than $1,000.

(f) For specialty dual licensed contracting, not more than $1,350.

2. Biennial license renewal fee:

(a) For general residential contracting and subclassifications of general residential contracting, not more than $320.

(b) For general commercial contracting and subclassifications of general commercial contracting, not more than $1,000.

(c) For general dual licensed contracting, not more than $1,320.

(d) For specialty residential contracting, not more than $270.

(e) For specialty commercial contracting, not more than $900.

(f) For specialty dual licensed contracting, not more than $1,170.

B. The fee for an annual license renewal granted pursuant to section 32-1123.01 is one-half of the biennial license renewal fee.

C. The registrar may establish reasonable fees for services performed by the registrar relating to reexaminations, processing of applications, changes of qualifying party and approval of name changes on licenses.

D. The penalty for failure to apply for renewal of a license within the time prescribed by this chapter is $50.

E. The registrar may establish a separate fee for examination.

F. The registrar may contract with private testing services to establish and administer such examinations and may authorize the payment of the examination fee to the private testing service.

G. Except as provided in section 32-1152, subsection C, a person applying for a contractor license or for renewal of a contractor license to engage in residential contracting shall pay an assessment of not more than $600 during the biennial license period for deposit in the residential contractors' recovery fund established by section 32-1132. If the registrar does not issue the license, the assessment shall be returned to the applicant.
A.R.S. § 32-3001 — Arizona Code / Title 32 / Chapter 30 / Article 1 / Section 3001
32-3001 Definitions
Status: in_force

32-3001. Definitions

In this chapter, unless the context otherwise requires:

1. "Accredited" means accredited by an accrediting agency recognized by the United States department of education.

2. "Board" means the state board for private postsecondary education.

3. "Degree" means an academic degree or honorary degree or the title of any designation, mark, appellation, series of letters or words including associate, bachelor, master, doctor or fellow which signifies, purports to signify or is generally taken to signify satisfactory completion of the requirements of an educational program of study beyond the secondary school level or which is an honorary title conferred for recognition of some meritorious achievement.

4. "Grant" means award, bestow, confer, convey or sell.

5. "Operate" means to establish, keep, maintain or utilize a physical facility, location or mailing address in this state where, from which or through which students are procured for private vocational or private degree programs, private vocational or private degree programs are offered or private vocational credentials or private degrees are offered or granted and includes contracting for the performance of any of these acts.

6. "Private vocational program" means an instructional program which includes a course or group of courses as defined in section 15-101 for which a student does not earn a degree and which is designed to provide or is advertised as providing a student with sufficient skills for entry into a paid occupation, and which is not conducted solely by a public school, public community college or public university.
A.R.S. § 32-2239.01 — Arizona Code / Title 32 / Chapter 21 / Article 3 / Section 2239.01
32-2239.01 Duty to report; clients seeking controlled substances; immunity
Status: in_force

32-2239.01. Duty to report; clients seeking controlled substances; immunity

A. A veterinarian who reasonably suspects or believes that a client or person is trying to obtain controlled substances with an intent other than to treat the patient animal shall report that suspicion, or cause a report to be made, to local law enforcement within forty-eight hours after the treatment or examination. The report shall include the name and address of the client or person who sought the examination or treatment.  The veterinary records pertaining to the investigation initiated pursuant to the report to law enforcement under this subsection shall be provided to local law enforcement on request for any further criminal investigation.

B. A veterinarian who files a report or causes a report to be filed pursuant to subsection A of this section is immune from civil liability with respect to any report made in good faith.
A.R.S. § 32-4160 — Arizona Code / Title 32 / Chapter 41 / Article 3 / Section 4160
32-4160 Public, confidential and privileged information; exception; display of license
Status: in_force

32-4160. Public, confidential and privileged information; exception; display of license

A. The public has the right of access to the following information:

1. A list that includes each licensee's place of practice, license number, date of license expiration, status of license and whether the licensee has been subject to a complaint or disciplinary action by the board.

2. A list of official actions taken by the board.

B. The home addresses and home telephone numbers of licensees are not public records and shall be kept confidential by the board.

C. Information pertaining to the relationship between the licensee and a person treated by the licensee is confidential and shall not be communicated to a third party who is not involved in that person's care without that person's prior written consent.  If the person is a minor, the person's parent or guardian must also give written consent to these communications.

D. The licensee shall divulge to the board information it requires in connection with any investigation, public hearing or proceeding.

E. The privilege described in subsection C does not extend to cases in which the licensee has a duty to report information as required by law.

F. Each licensee shall display a copy of the licensee's license or current renewal verification in a location accessible to public view at the licensee's place of practice.
A.R.S. § 32-2601 — Arizona Code / Title 32 / Chapter 26 / Article 1 / Section 2601
32-2601 Definitions
Status: in_force

32-2601. Definitions

In this chapter, unless the context otherwise requires:

1. "Advertising" means submitting bids, contracting or making known by any public notice, publication or solicitation of business, directly or indirectly, that services regulated under this chapter are available for consideration.

2. "Agency license" means a certificate that is authenticated by the department and that attests that a qualifying party is authorized to conduct the business of private security guard service in this state.

3. "Applicant" means a person who has submitted a completed application and all required application and fingerprint processing fees.

4. "Armed security guard" means a registered security guard who wears, carries, possesses or has access to a firearm at any time during the course of employment.

5. "Associate" means a person who is a partner or corporate officer in a security guard agency.

6. "Board" means the private investigator and security guard hearing board established by section 32-2404.

7. "Conviction" means an adjudication of guilt by a federal, state or local court resulting from trial or plea, including a plea of no contest, regardless of whether or not the adjudication of guilt was set aside or vacated.

8. "Department" means the department of public safety.

9. "Director" means the director of the department of public safety.

10. "Emergency action" means a summary suspension of a license pending revocation, suspension or probation in order to protect the public health, safety or welfare.

11. "Employee" means an individual who works for an employer, is listed on the employer's payroll records and is under the employer's direction and control.

12. "Employer" means a person who is licensed pursuant to this chapter, who employs an individual for wages or salary, who lists the individual on the employer's payroll records and who withholds all legally required deductions and contributions.

13. "Firearms safety training instructor" means a person who provides classroom and range instruction to applicants for armed security guard certification.

14. "Identification card" means a card issued by the department to a qualified applicant for an agency license, to an associate or to a registrant.

15. "Letter of concern" means an advisory letter to notify a licensee or registrant that while there is insufficient evidence to support probation, suspension or revocation of a license or registration the department believes the licensee or registrant should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the department may result in further disciplinary action against the person's license or registration.

16. "Licensee" means a person to whom an agency license is granted pursuant to article 2 of this chapter.

17. "Private security guard service" means any agency, individual or employer in the business of furnishing to the public for hire, fee or reward dogs, watchmen, patrol services, private security guards or other persons to protect human life or to prevent the theft or the misappropriation or concealment of goods, wares, merchandise, money, bonds, stocks, notes, choses in action or other property, valuable documents, papers and articles of value.

18. "Proprietary company" means a company that employs security guards or armed security guards solely for use of and service to itself and not for others.

19. "Qualifying party" means the individual who meets the qualifications under this chapter for an agency license.

20. "Registrant" means an employee of a licensed agency who is qualified to perform the services of a security guard.

21. "Registration certificate" means a certificate that is authenticated by the department and that attests that an employee of a business holding an agency license has satisfactorily complied with article 3 of this chapter.

22. "Restructuring" means any change in a business' legal status.

23. "Security guard" means any person employed by a private security guard service or proprietary company as a watchman, patrolman, bodyguard, personal protection guard or private security guard or any other person who performs security guard services, but does not include any regularly commissioned police or peace officer or railroad police appointed pursuant to section 40-856.

24. "Security guard training instructor" means a person who provides instruction to applicants for unarmed security guard certification.

25. "Unprofessional conduct" means any of the following:

(a) Engaging or offering to engage by fraud or misrepresentation in activities regulated by this chapter.

(b) Aiding or abetting a person who is not licensed or registered pursuant to this chapter in representing that person as a security guard in this state.

(c) Gross negligence in the practice of a security guard.

(d) Failing or refusing to maintain adequate records on a client containing at least sufficient information to identify the client, the dates of service, the fee for service and the payments for service.

(e) Committing a felony or a misdemeanor involving any crime that is grounds for denial, suspension or revocation of a security guard agency license or employee registration certificate.  In all cases, conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission.

(f) Making a fraudulent or false statement to the department, the board or the department's investigators, staff or consultants.
A.R.S. § 32-1296 — Arizona Code / Title 32 / Chapter 11 / Article 5 / Section 1296
32-1296 Qualifications of applicant
Status: in_force

32-1296. Qualifications of applicant

A. To be eligible for certification to practice denture technology an applicant shall:

1. Hold a high school diploma or its equivalent.

2. Present to the board evidence of graduation from a recognized denturist school or a certificate of satisfactory completion of a course or curriculum in denture technology from a recognized denturist school.

3. Pass a board-approved examination.

B. A candidate for certification shall submit a written application to the board that includes a nonrefundable Arizona dental jurisprudence examination fee as prescribed by the board.
A.R.S. § 32-1640 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1640
32-1640 Temporary license to practice as a licensed practical nurse
Status: in_force

32-1640. Temporary license to practice as a licensed practical nurse

A. The board may issue a temporary license to practice as a licensed practical nurse to an applicant for a license who meets the qualifications for licensing specified in section 32-1637 and as prescribed by the board by rule.

B. Temporary licenses expire on the date specified in the license and may be renewed at the discretion of the executive director.
A.R.S. § 32-2241 — Arizona Code / Title 32 / Chapter 21 / Article 4 / Section 2241
32-2241 Certified veterinary technician; services performed
Status: in_force

32-2241. Certified veterinary technician; services performed

A certified veterinary technician may perform those services authorized by the board pursuant to section 32-2245 in the employ of and under the direction, supervision and control of a licensed veterinarian who shall be responsible for the performance of the certified veterinary technician. Compensation for such authorized services shall be derived solely from the employing veterinarian.
A.R.S. § 32-2817 — Arizona Code / Title 32 / Chapter 28 / Article 2 / Section 2817
32-2817 Use of title; display of certificate or permit
Status: in_force

32-2817. Use of title; display of certificate or permit

A. A person holding a certificate may use the title "certified radiologic technologist", "certified nuclear medicine technologist", "certified radiation therapy technologist", "certified computed tomography technologist", "certified mammographic technologist", "certified radiologist assistant", "certified practical technologist in podiatry", "certified practical technologist in bone densitometry" or "certified practical technologist in radiology", as applicable. No other person shall be entitled to use such titles or title or letters after such person's name that indicates or implies that such person is a certified technologist or to represent the person in any way, whether orally or in writing, expressly or by implication, as being so certified.

B. Every technologist or special permit holder shall display a certificate or permit at the technologist's or permit holder's place of employment.
A.R.S. § 32-2194.28 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.28
32-2194.28 Deposit in endowed-care fund from sales
Status: in_force

32-2194.28. Deposit in endowed-care fund from sales

A. In addition to establishing a trust fund as required by this article, every perpetual or endowed-care cemetery shall deposit into its trust fund according to the following schedule for each sale within thirty days after the contract for the purchase of cemetery property is paid in full:

1. Two dollars seventy-five cents per square foot for each grave.

2. Thirty-six dollars for each niche.

3. One hundred twenty dollars for each crypt.

B. In addition to the deposits required in subsection A of this section, a cemetery may deposit in its trust fund up to fifteen per cent of the gross sales price of a grave, niche or crypt.

C. This section applies to every cemetery which in any way represents that it is a perpetual or endowed-care cemetery, regardless of whether it operated as a perpetual or endowed-care cemetery before July 2, 1963.

D. In the case of a perpetual or endowed-care cemetery which was in operation as a perpetual or endowed-care cemetery before July 2, 1963, the fund created by the deposits which subsection A of this section requires is subject to the same restrictions to which the trust funds required by sections 32-2194.24 and 32-2194.25 are subject.
A.R.S. § 32-2194.33 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.33
32-2194.33 Cemetery property owners; address notification reclamation; abandoned cemetery plot
Status: in_force

32-2194.33. Cemetery property owners; address notification reclamation; abandoned cemetery plot

A. For the purposes of this section, an owner of cemetery property in any cemetery licensed under this chapter shall keep the cemetery informed in writing of the owner's current residence address.  Before initiating a notice of abandonment, the cemetery shall notify each cemetery property owner by letter at the owner's last known address and notify all future cemetery property owners, in the contract for sale and the certificate of ownership, of the requirement to keep the cemetery informed in writing of their current residence address.

B. There is a presumption that cemetery property in any cemetery licensed under this chapter has been abandoned when an owner of unused cemetery property has failed to provide the cemetery with a current residence address for a period of fifty consecutive years and as a result the cemetery is unable to communicate by certified mail with the owner of the unused cemetery property.  There is not a presumption of abandonment if either of the following occurs:

1. Cemetery property held in common ownership is adjoining whether in a grave space, plot, mausoleum, columbarium or other place of interment and is used within common ownership.

2. Any type of memorial marker has been placed on or attached to the cemetery property.

C. On the occurrence of a presumption of abandonment as prescribed by subsection B of this section, a cemetery may file with the department a certified notice attesting to the abandonment of the cemetery property.  The notice shall do the following:

1. Describe the cemetery plot certified to have been abandoned.

2. Set forth the name of the last known owner of the cemetery plot or, if the owner is known to the cemetery to be deceased, the names, if known to the cemetery, of claimants that are heirs at law, next of kin or specific devisees under the will of the owner.

3. Describe the failure of the owner or claimants as prescribed by paragraph 2 of this subsection to keep the cemetery informed of the owner's current residence address for a period of fifty consecutive years or more.

4. Certify that cemetery property has not been included that is held in common ownership with any abandoned cemetery property as prescribed by subsection B of this section and that a memorial marker has not been placed on or attached to the cemetery property.

D. Irrespective of diversity of ownership of the cemetery property, a cemetery may include in its certification cemetery properties of various types.

E. The cemetery shall publish a notice of the approved abandoned cemetery property once each week for two consecutive weeks in a newspaper of general circulation in the county in which the cemetery property is located.

F. After one hundred twenty days from the final publication of the notice as provided in subsection E of this section, if there has been no notification of the address of the current owner, the cemetery shall have the right to resell the cemetery property and transfer the ownership of the cemetery property as provided in the cemetery's certificate of authority.

G. On the sale of each lot, grave, niche or crypt reclaimed pursuant to this section, the cemetery shall contribute to the endowed-care trust fund the amount currently required by section 32-2194.28.

H. On showing of evidence of right of ownership, persons or their heirs who were owners of cemetery property that was sold under this section shall have the right at any time to obtain equivalent cemetery property in the cemetery without additional charge.  If no cemetery property is desired, the persons or their heirs may obtain and recover the amount originally paid to the cemetery for the cemetery property.

I. The cemetery shall make available cemetery property equal to ten per cent of the abandoned cemetery property sold under this section for the use of persons or their heirs who were owners of cemetery property that was sold under this section and who have the right at any time to obtain cemetery property in the cemetery under this section.

J. Persons who purchase cemetery property reclaimed pursuant to this section shall have the right to sell, alienate or otherwise transfer the cemetery property subject to and in accordance with the rules of the cemetery and payment of any applicable transfer fee.
A.R.S. § 32-3505; Version 2 — Arizona Code / Title 32 / Chapter 35 / Article 1 / Section 3505; Version 2
32-3505; Version 2 Board of respiratory care examiners fund
Status: in_force

32-3505. Board of respiratory care examiners fund

(L24, Ch. 222, sec. 46.  Eff. 7/1/28)

A. The board of respiratory care examiners fund is established. Pursuant to sections 35-146 and 35-147, the board shall deposit ten percent of all monies from whatever source that come into the possession of the board in the state general fund and deposit the remaining ninety percent in the board of respiratory care examiners fund. Monies in the board of respiratory care examiners fund may be used by the board for payments of all necessary board expenses.

B. Monies deposited in the board of respiratory care examiners fund are subject to section 35-143.01.
A.R.S. § 32-2935 — Arizona Code / Title 32 / Chapter 29 / Article 3 / Section 2935
32-2935 Right to examine and copy evidence; summoning witnesses and documents; taking testimony; right to counsel; court aid; process
Status: in_force

32-2935. Right to examine and copy evidence; summoning witnesses and documents; taking testimony; right to counsel; court aid; process

A. In connection with the investigation by the board on its own motion or as the result of information received pursuant to section 32-2934, subsection A, the board or its authorized agents or employees shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documents, reports, records or any other physical evidence of any person being investigated, or the reports, records and any other documents maintained by and in possession of any hospital, clinic, office, laboratory, pharmacy or any other public or private agency, and any health care institution as defined in section 36-401, if these documents, reports, records or evidence relate to medical competence, unprofessional conduct or the mental or physical ability of a licensee to practice homeopathic medicine safely.

B. For the purpose of all investigations and proceedings conducted by the board:

1. The board on its own initiative, or on application of any person involved in the investigation, may issue subpoenas compelling the attendance and testimony of witnesses, or demanding the production for examination or copying of documents or any other physical evidence if the evidence relates to medical competence, unprofessional conduct or the mental or physical ability of a licensee to practice homeopathic medicine safely. Within five days after the service of a subpoena on any person requiring the production of any evidence in that person's possession or under that person's control, the person may petition the board to revoke, limit or modify the subpoena. The board shall revoke, limit or modify the subpoena if in its opinion the evidence required does not relate to unlawful practices covered by this chapter, is not relevant to the charge that is the subject matter of the hearing or investigation or does not describe with sufficient particularity the physical evidence whose production is required. Any member of the board or any agent designated by the board may administer oaths or affirmations, examine witnesses and receive evidence.

2. Any person appearing before the board has the right to be represented by counsel.

C. The superior court, on application by the board or by the person subpoenaed, may issue an order:

1. Requiring the person to appear before the board or the duly authorized agent to produce evidence relating to the matter under investigation. Any failure to obey the order of the court may be punished by the court as a contempt.

2. Revoking, limiting or modifying the subpoena if in the court's opinion the evidence demanded does not relate to unlawful practices covered by this chapter, is not relevant to the charge that is the subject matter of the hearing or investigation, or does not describe with sufficient particularity the evidence whose production is required.

D. Patient records, including clinical records, medical reports, laboratory statements and reports, any file, film, any other report or oral statement relating to diagnostic findings or treatment of patients, any information from which a patient or the patient's family might be identified or information received and records kept by the board as a result of investigation procedures are not available to the public.

E. This section or any other provision of law making communications between a licensee and a patient a privileged communication does not apply to investigations or proceedings conducted pursuant to this chapter. The board and its employees, agents and representatives shall keep in confidence the names of any patients whose records are reviewed during the course of investigations and proceedings pursuant to this chapter.

F. Hospital records, medical staff records, medical staff review committee records and testimony concerning these records, and proceedings related to the creation of these records, are not available to the public, shall be kept confidential by the board and are subject to the same provisions concerning discovery and use in legal actions as are the original records in the possession and control of hospitals, their medical staffs and their medical staff review committees. The board shall use records and testimony during the course of investigations and proceedings pursuant to this chapter.
A.R.S. § 32-2116 — Arizona Code / Title 32 / Chapter 20 / Article 1 / Section 2116
32-2116 Military airspace working group; contact information; posting
Status: in_force

32-2116. Military airspace working group; contact information; posting

The department shall post the contact information for the Arizona military airspace working group on the department's website.
A.R.S. § 32-1026 — Arizona Code / Title 32 / Chapter 9 / Article 2 / Section 1026
32-1026 Issuance of licenses
Status: in_force

32-1026. Issuance of licenses

A. On receipt of an original application accompanied by the fees prescribed in section 6-126 and the financial statement and bond required by this chapter, the deputy director shall investigate the qualifications of the applicant and, if the applicant meets the qualifications of this chapter, shall approve the application. If the application is approved, the license shall be promptly issued to the applicant.

B. A license issued under this chapter shall not be transferable or assignable and control of a license may not be acquired through a stock purchase or other device without the prior written consent of the deputy director. Consent shall not be given if the deputy director finds that the acquiring person does not meet the qualifications of this chapter. For purposes of this subsection, "control" means the power to vote more than twenty percent of the outstanding voting shares of a licensed corporation, partnership, association or trust.
A.R.S. § 32-2185 — Arizona Code / Title 32 / Chapter 20 / Article 4 / Section 2185
32-2185 Delivery of clear title by vendor on performance of contract by vendee
Status: in_force

32-2185. Delivery of clear title by vendor on performance of contract by vendee

It is unlawful to sell to any purchaser any subdivision lot or parcel that is subject to a blanket encumbrance, unless there is a provision in the blanket encumbrance, or in a valid supplementary agreement executed by the holder of the blanket encumbrance, enabling the purchaser to acquire title to the lot or parcel free of the blanket encumbrance upon completion of all payments and performances of all the terms and provisions required to be made or performed by the purchaser under the real estate sales contract. Certified or verified copies of documents acceptable to the commissioner containing such provisions shall be filed with the commissioner prior to the sale of any subdivision lot or parcel subject to a blanket encumbrance.
A.R.S. § 32-3283 — Arizona Code / Title 32 / Chapter 33 / Article 4 / Section 3283
32-3283 Confidential relationship; privileged communications; clients with legal guardians; treatment decisions
Status: in_force

32-3283. Confidential relationship; privileged communications; clients with legal guardians; treatment decisions

A. The confidential relationship between a client and a licensee, including a temporary licensee, is the same as between an attorney and a client.  Unless a client waives this privilege in writing or in court testimony, a licensee shall not voluntarily or involuntarily divulge information that is received by reason of the confidential nature of the behavioral health professional-client relationship.

B. A licensee shall divulge to the board information the board requires in connection with any investigation, public hearing or other proceeding.

C. The behavioral health professional-client privilege does not extend to cases in which the behavioral health professional has a duty to:

1. Inform victims and appropriate authorities that a client's condition indicates a clear and imminent danger to the client or others pursuant to this chapter.

2. Report information as required by law.

D. A client's legal guardian may make treatment decisions on behalf of the client, except that the client receiving services is the decision maker for issues:

1. That directly affect the client's physical or emotional safety, such as sexual or other exploitative relationships.

2. That the guardian agrees to specifically reserve to the client.

3. Where the right to seek behavioral health services without parental or guardian consent is established by state or federal law.
A.R.S. § 32-1802 — Arizona Code / Title 32 / Chapter 17 / Article 1 / Section 1802
32-1802 Meetings; organization; compensation; committees
Status: in_force

32-1802. Meetings; organization; compensation; committees

A. The board shall hold an annual meeting during the month of January each year in the Phoenix metropolitan area and may hold other meetings at times and places determined by a majority of the board on notice to each member and the general public pursuant to title 38, chapter 3, article 3.1.  A majority of the members of the board constitutes a quorum, and a majority vote of a quorum present at any meeting governs all board actions.

B. At each annual meeting the board shall select from among its membership a president and vice-president who shall serve until their successors are chosen. If either of these offices becomes vacant before the annual meeting, the board may elect a replacement at any other board meeting.

C. Members of the board are eligible to receive compensation in the amount of two hundred fifty dollars for each day of actual service in the business of the board and reimbursement of all expenses necessarily and properly incurred in attending meetings of the board.

D. Board members, the executive director, permanent or temporary board personnel, board consultants, committee members and professional medical investigators are immune from civil liability for any act they do in good faith to implement this chapter.

E. To carry out the functions of the board, the board president may establish committees and define committee duties.  The president shall name at least one board member to each committee the president establishes.
A.R.S. § 32-1398 — Arizona Code / Title 32 / Chapter 12 / Article 6 / Section 1398
32-1398 Crematories; prohibited acts; disciplinary actions
Status: in_force

32-1398. Crematories; prohibited acts; disciplinary actions

A. The department may take disciplinary action against a crematory or an agent or employee of a crematory for any of the following acts:

1. Unless otherwise allowed by law, selling or offering to sell a cremation that is not arranged by a funeral establishment licensed pursuant to article 4 of this chapter. This paragraph does not prohibit charging a cremation fee.

2. Unless otherwise allowed by law, selling or offering to sell any funeral goods and services other than cremation.

3. Cremating or causing the cremation of a dead human body before obtaining certification from the county medical examiner or person performing the duties of the county medical examiner pursuant to section 11-599 and, if the deceased person did not execute a document authorizing the deceased person's cremation pursuant to section 32-1365.01, before obtaining express written consent to cremate the body from the authorizing agent pursuant to section 32-1365.02.

4. Using a retort for any purpose other than the cremation of human remains.

5. Cremating more than one dead human body at the same time in the same retort without the express written consent of the authorizing agents.

6. Introducing a second dead human body into a retort before reasonable efforts have been made to remove all bone fragments or soil of the cremated remains from the preceding cremation without the express written consent of the authorizing agents. Incidental and unavoidable residue remaining in a retort after a cremation does not constitute a violation of this paragraph.

7. Introducing the cremated human remains of a second dead human body into a processor before the termination of the processing of the cremated human remains that were previously in the processor and before reasonable efforts have been made to remove all bone fragments or soil of cremated remains from the preceding processing without the express written consent of the authorizing agents. Incidental and unavoidable residue remaining in a processor after a processing does not constitute a violation of this paragraph.

8. Retaining any accumulated human residue from any retort, processor, container or other equipment used in cremation. A crematory shall dispose of all accumulated human residue in a cemetery in accordance with the rules of the cemetery and any applicable local ordinances.

9. Selling or offering for sale anything of value obtained as a result of the cremation process.

10. Violating this chapter or a rule adopted pursuant to this chapter.

B. The acts or omissions of an agent or employee of a crematory that violate this chapter or rules adopted pursuant to this chapter are deemed to be acts or omissions of the crematory.
A.R.S. § 32-2072 — Arizona Code / Title 32 / Chapter 19.1 / Article 2 / Section 2072
32-2072 Examinations; exemptions
Status: in_force

32-2072. Examinations; exemptions

A. An applicant for licensure must pass the examination for professional practice in psychology, which is the national examination established by the association of state and provincial psychology boards.  An applicant is considered to have passed the national examination if the applicant's score equals or exceeds either:

1. Seventy per cent on the written examination.

2. A scaled score of five hundred on the computer-based examination.

B. The board may implement an additional examination for all applicants to cover areas of professional ethics and practice consistent with the applicant's education and experience, state law relating to the practice of psychology or other areas the board determines are suitable.

C. An applicant may not take an examination administered for or by the board until the applicant completes the education requirements of this article.  The board may approve an applicant who has obtained a doctoral degree in psychology as required under section 32-2071 to take the national examination before completing the experience requirements of this article. Except as provided in subsection D of this section, an applicant may not take an additional board examination until the applicant passes the national examination.  An applicant who fails the national examination administered for or by any jurisdiction three times is not eligible to take that examination again until the applicant meets additional requirements prescribed by the board.

D. An applicant is exempt from taking the national examination administered pursuant to this section if the applicant either:

1. Is a diplomate of the American board of professional psychology.

2. Holds a certificate of professional qualification in psychology in good standing issued by the association of state and provincial psychology boards or its successor.
A.R.S. § 32-3610 — Arizona Code / Title 32 / Chapter 36 / Article 1 / Section 3610
32-3610 Uniform standards of professional appraisal practice; state standards; exception
Status: in_force

32-3610. Uniform standards of professional appraisal practice; state standards; exception

The uniform standards of professional appraisal practice as published by the appraisal standards board are the standards for the appraisal practice in this state unless the deputy director objects.
A.R.S. § 32-1295 — Arizona Code / Title 32 / Chapter 11 / Article 5 / Section 1295
32-1295 Board of dental examiners; additional powers and duties
Status: in_force

32-1295. Board of dental examiners; additional powers and duties

A. In addition to other powers and duties prescribed by this chapter, the board shall:

1. As far as applicable, exercise the same powers and duties in administering and enforcing this article as it exercises under section 32-1207 in administering and enforcing other articles of this chapter.

2. Determine the eligibility of applicants for certification and issue certificates to applicants who it determines are qualified for certification.

3. Investigate charges of misconduct on the part of certified denturists.

4. Issue decrees of censure, fix periods and terms of probation, suspend or revoke certificates as the facts may warrant and reinstate certificates in proper cases.

B. The board may:

1. Adopt rules prescribing requirements for continuing education for renewal of all certificates issued pursuant to this article.

2. Hire consultants to assist the board in the performance of its duties.

C. In all matters relating to discipline and certifying of denturists and the approval of examinations, the board, by rule, shall provide for receiving the assistance and advice of denturists who have been previously certified pursuant to this chapter.
A.R.S. § 32-1377 — Arizona Code / Title 32 / Chapter 12 / Article 3.1 / Section 1377
32-1377 Rules; relation to federal trade commission regulations
Status: in_force

32-1377. Rules; relation to federal trade commission regulations

Except as authorized by this article, rules adopted by the department to implement this article shall be at least as stringent as federal trade commission regulations relating to funeral industry practices as authorized by the federal trade commission act as amended and in effect on July 19, 1994 (16 Code of Federal Regulations part 453).
A.R.S. § 32-3526 — Arizona Code / Title 32 / Chapter 35 / Article 2 / Section 3526
32-3526 Fees
Status: in_force

32-3526. Fees

A. The board by rule shall establish and collect fees that do not exceed the following:

1. Application for a license, one hundred dollars.

2. Application based on a diploma from a foreign respiratory therapy school, two hundred dollars.

3. Initial license, two hundred dollars.

4. Renewal of a license or late renewal of a license, two hundred dollars.

5. Duplicate license, fifty dollars.

B. The board shall prescribe the fee necessary to obtain a copy of the list of licensed respiratory care practitioners. Any interested person may obtain a copy on payment of the fee.

C. The board by rule may establish and collect fees for license renewals and verifications and for checks that are returned for nonpayment because of insufficient monies, payments stopped or closed accounts.
A.R.S. § 32-3605 — Arizona Code / Title 32 / Chapter 36 / Article 1 / Section 3605
32-3605 Deputy director; duties; powers; immunity
Status: in_force

32-3605. Deputy director; duties; powers; immunity

A. The deputy director shall adopt rules in aid or in furtherance of this chapter.

B. The deputy director shall:

1. Adopt standards for appraisal practice that is regulated by this chapter.  The standards at a minimum shall be equivalent to the standards of professional appraisal practice.

2. In prescribing criteria for certification, adopt criteria that at a minimum are equal to the minimum criteria for certification adopted by the appraiser qualifications board.

3. In prescribing criteria for licensing and registration, adopt criteria that at a minimum are equal to the minimum criteria for licensing and registration adopted by the appraiser qualifications board.

4. Further define by rule with respect to state-licensed or state-certified appraisers appropriate and reasonable educational experience, appraisal experience and equivalent experience that meets the statutory requirement of this chapter.

5. Adopt the national examination as approved by the appraiser qualifications board for state-certified appraisers.

6. Adopt the national examination as approved by the appraiser qualifications board for state-licensed appraisers.

7. Establish administrative procedures for:

(a) Processing applications for licenses and certificates, including registration certificates.

(b) Approving or disapproving applications for registration, licensure and certification.

(c) Issuing licenses and certificates, including registration certificates.

8. Define by rule, with respect to registered trainee appraisers and state-licensed and state-certified appraisers, the continuing education requirements for the renewal of licenses or certificates that satisfy the statutory requirements provided in this chapter.

9. Periodically review the requirements for the development and communication of appraisals provided in this chapter and adopt rules explaining and interpreting the requirements.

10. Define and explain by rule each stage and step associated with the administrative procedures for the disciplinary process pursuant to this chapter, including:

(a) Prescribing minimum criteria for accepting a complaint against a registered trainee appraiser or a licensed or certified appraiser.  The deputy director may not consider a complaint for administrative action if the complaint either:

(i) Relates to an appraisal that was completed more than five years before the complaint was submitted to the deputy director or more than two years after final disposition of any judicial proceeding in which the appraisal was an issue, whichever period of time is greater.

(ii) Is filed against a person who is a staff person of the department and the person is a licensed or certified appraiser and the complaint is against the person's license or certificate and relates to the person's performance of duties. This item applies to a contract investigator who is under contract with the department for the performance of an appraisal review as defined by the uniform standards of professional appraisal practice.

(b) Defining the process and procedures used in investigating the allegations of the complaint. The deputy director shall consolidate complaints that are filed within a six-month period of time if the complaints are against the same appraiser, relate to the same appraisal and property and are filed by an entity that is subject to the mandatory reporting provisions of the Dodd-Frank Wall Street reform and consumer protection act (P.L. 111-203; 124 Stat. 1376). Complaints that are consolidated pursuant to this subdivision must be considered and adjudicated as one complaint.

(c) Defining the process and procedures used in hearings on the complaint, including a description of the rights of the deputy director and any person who is alleged to have committed the violation.

(d) Establishing criteria to be used in determining the appropriate actions for violations.

11. Communicate information that is useful to the public and appraisers relating to actions for violations.

12. Issue decrees of censure, fix periods and terms of probation and suspend and revoke licenses and certificates pursuant to the disciplinary proceedings provided for in section 32-3631.

13. At least monthly transmit to the appraisal subcommittee a listing of all appraisal management companies that have received a state certificate of registration in accordance with this chapter.

14. Investigate and assess potential law or order violations and discipline, suspend, terminate or deny registration renewals of appraisal management companies that violate laws or orders. The deputy director shall report violations of appraisal-related laws or orders and disciplinary and enforcement actions to the appraisal subcommittee.

15. Transmit the national registry fee collected pursuant to section 32-3607 to the appraisal subcommittee.

16. Establish the fees in accordance with section 32-3607.

17. Receive applications for state licenses and certificates.

18. Maintain a registry of the names and addresses of persons who are registered, licensed or certified under this chapter.

19. Retain records and all application materials submitted to the deputy director.

20. Publish on the department's website a current list of supervisory appraisers and registered trainee appraisers.

21. Perform such other functions and duties as may be necessary to carry out this chapter.

C. The deputy director may accept and spend federal monies and grants, gifts, contributions and devises from any public or private source to assist in carrying out the purposes of this chapter.  These monies do not revert to the state general fund at the end of the fiscal year.

D. The deputy director may impose civil penalties pursuant to section 32-3631.
A.R.S. § 32-1685 — Arizona Code / Title 32 / Chapter 15.1 / Article 2 / Section 1685
32-1685 Fees
Status: in_force

32-1685. Fees

A. The board shall establish nonrefundable fees that do not exceed the following:

1. Filing an application for a dispensing optician license, two hundred dollars.

2. Issuing an original dispensing optician license, two hundred dollars.

3. Renewing a dispensing optician license, two hundred dollars.

4. Late renewal of a dispensing optician license, two hundred dollars.

5. Name change and issuance of a duplicate dispensing optician license, one hundred dollars.

6. Reinstatement of a dispensing optician license, two hundred dollars.

7. Filing an application for an optical establishment license, two hundred dollars.

8. Issuing an original optical establishment license, two hundred dollars.

9. Renewing an optical establishment license, two hundred dollars.

10. Late renewal of an optical establishment license, two hundred dollars.

11. Name or location change and issuance of a duplicate optical establishment license, one hundred dollars.

B. The board may charge additional fees for services that the board deems are necessary to carry out this chapter and board rules.  These fees shall not exceed the costs of rendering the services.
A.R.S. § 32-1851 — Arizona Code / Title 32 / Chapter 17 / Article 3 / Section 1851
32-1851 Prohibited acts
Status: in_force

32-1851. Prohibited acts

The following acts are prohibited:

1. Practicing medicine and surgery as an osteopathic physician and surgeon without holding a license issued by the board under the provisions of this chapter.

2. Misusing the designation "D.O." in a way that leads the public to believe that a person is licensed to practice medicine in this state.

3. Using the designation "doctor of osteopathy", "doctor of osteopathic medicine", "osteopathic physician", "osteopathic surgeon", "osteopathic physician and surgeon" or any combination of these terms unless the designation additionally contains the description of another branch of the healing arts.

4. Using any other words, initials or symbols or a combination of these that leads the public to believe a person is licensed to practice medicine in this state.
A.R.S. § 32-1241 — Arizona Code / Title 32 / Chapter 11 / Article 2 / Section 1241
32-1241 Training permits; qualified military health professionals
Status: in_force

32-1241. Training permits; qualified military health professionals

A. The board shall issue a training permit to a qualified military health professional who is practicing dentistry in the United States armed forces and who is discharging the health professional's official duties by participating in a clinical training program based at a civilian hospital affiliated with the United States department of defense.

B. Before the board issues the training permit, the qualified military health professional must submit a written statement from the United States department of defense that the applicant:

1. Is a member of the United States armed forces who is performing duties for and at the direction of the United States department of defense at a location in this state approved by the United States department of defense.

2. Has a current license or is credentialed to practice dentistry in a jurisdiction of the United States.

3. Meets all required qualification standards prescribed pursuant to 10 United States Code section 1094(d) relating to the licensure requirements for health professionals.

4. Has not had a license to practice revoked by a regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction that constitutes unprofessional conduct pursuant to this chapter.

5. Is not currently under investigation, suspension or restriction by a regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction that constitutes unprofessional conduct pursuant to this chapter.

6. Has not surrendered, relinquished or given up a license in lieu of disciplinary action by a regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction that constitutes unprofessional conduct pursuant to this chapter.  This paragraph does not prevent the board from considering the request for a training permit of a qualified military health professional who surrendered, relinquished or gave up a license in lieu of disciplinary action by a regulatory board in another jurisdiction if that regulatory board subsequently reinstated the qualified military health professional's license.

C. The qualified military health professional may not open an office or designate a place to meet patients or receive calls relating to the practice of dentistry in this state outside of the facilities and programs of the approved civilian hospital.

D. The qualified military health professional may not practice outside of the professional's scope of practice.

E. A training permit issued pursuant to this section is valid for one year.  The qualified military health professional may apply annually to the board to renew the permit.  With each application to renew the qualified military health professional must submit a written statement from the United States department of defense asking the board for continuation of the training permit.

F. The board may not impose a fee to issue or renew a training permit to a qualified military health professional pursuant to this section.
A.R.S. § 32-1605.01 — Arizona Code / Title 32 / Chapter 15 / Article 1 / Section 1605.01
32-1605.01 Executive director; compensation; powers; duties
Status: in_force

32-1605.01. Executive director; compensation; powers; duties

A. Subject to title 41, chapter 4, article 4, the board shall appoint an executive director who is not a member of the board. The executive director is eligible to receive compensation set by the board within the range determined under section 38-611.

B. The executive director or the executive director's designee shall:

1. Perform the administrative duties of the board.

2. Subject to title 41, chapter 4, article 4, employ personnel needed to carry out the functions of the board.

3. Issue and renew temporary and permanent licenses, certificates and prescribing or dispensing authority.

4. Issue single state and multistate licenses pursuant to this chapter to applicants who are not under investigation and who meet the qualifications for licensure prescribed in this chapter.

5. Perform other duties as directed by the board.

6. Register certified nursing assistants and maintain a registry of licensed nursing assistants and certified nursing assistants.

7. On behalf of the board, enter into stipulated agreements with a licensee for the confidential treatment, rehabilitation and monitoring of chemical dependency. A licensee who materially fails to comply with a program requirement shall be reported to the board and terminated from the confidential program.  Any records of a licensee who is terminated from a confidential program are no longer confidential or exempt from the public records law.  Notwithstanding any law to the contrary, stipulated agreements are not public records if the following conditions are met:

(a) The licensee voluntarily agrees to participate in the confidential program.

(b) The licensee complies with all treatment requirements or recommendations, including participation in alcoholics anonymous or an equivalent twelve step program and nurse support group.

(c) The licensee refrains from the practice of nursing until the return to nursing has been approved by the treatment program and the executive director or the executive director's designee.

(d) The licensee complies with all monitoring requirements of the stipulated agreement, including random bodily fluid testing.

(e) The licensee's nursing employer is notified of the licensee's chemical dependency and participation in the confidential program and is provided a copy of the stipulated agreement.

8. Approve nursing assistant training programs that meet the requirements of this chapter.

C. If the board adopts a substantive policy statement pursuant to section 41-1091 and the executive director or designee reports all actions taken pursuant to this subsection to the board at the next regular board meeting, the executive director or designee may:

1. Dismiss a complaint pursuant to section 32-1664 if the complainant does not wish to address the board and either there is no evidence substantiating the complaint or, after conducting an investigation, there is insufficient evidence that the regulated party violated this chapter or a rule adopted pursuant to this chapter.

2. Enter into a stipulated agreement with the licensee or certificate holder for the treatment, rehabilitation and monitoring of the licensee's or certificate holder's abuse or misuse of a chemical substance.

3. Close complaints resolved through settlement.

4. Issue letters of concern.

5. In lieu of a summary suspension hearing, enter into a consent agreement if there is sufficient evidence that the public health, safety or welfare imperatively requires emergency action.

D. The executive director may accept the voluntary surrender of a license, certificate or approval to resolve a pending complaint that is subject to disciplinary action.  The voluntary surrender or revocation of a license, certificate or approval is a disciplinary action, and the board shall report this action if required by federal law.
A.R.S. § 32-730.02 — Arizona Code / Title 32 / Chapter 6 / Article 2 / Section 730.02
32-730.02 Canceled status
Status: in_force

32-730.02. Canceled status

A. A registrant may cancel a certificate or registration by submitting a written request on a form prescribed by the board.  A registrant whose certificate or registration is under a disciplinary order by the board, except for suspension for nonregistration pursuant to section 32-741.01, or against whom disciplinary proceedings have been initiated may not cancel the certificate or registration.

B. An individual whose certificate has been canceled shall not assume or use the CPA designation while the certificate remains on canceled status unless the individual qualifies for limited reciprocity privilege pursuant to section 32-725.
A.R.S. § 32-3223 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3223
32-3223 Health profession regulatory boards; nondisciplinary confidential monitoring programs
Status: in_force

32-3223. Health profession regulatory boards; nondisciplinary confidential monitoring programs

A. Each health profession regulatory board may establish a nondisciplinary confidential program, including enrollment criteria for participation in the program, for the monitoring of a licensee or certificate holder who has been reported to or who voluntarily reports to the licensee's or certificate holder's regulatory board and who may be chemically dependent or have a substance misuse history or who may have a medical, psychiatric, psychological or behavioral health disorder that may impact the licensee's or certificate holder's ability to safely practice or perform health care tasks.

B. A program established pursuant to subsection A of this section may include education, intervention, therapeutic treatment and posttreatment monitoring and support. The licensee or certificate holder is responsible for the costs associated with any treatment, rehabilitation or monitoring under a program established pursuant to subsection A of this section. The health profession regulatory board and the licensee or certificate holder may agree to enter into a nondisciplinary confidential stipulated agreement for participation in a program established pursuant to subsection A of this section.

C. The board may take further action if the licensee or certificate holder refuses to enter into a nondisciplinary confidential stipulated agreement with the board or fails to comply with the agreement's terms.  The confidentiality requirements of this section do not apply if the licensee or certificate holder does not comply with the stipulated agreement.
A.R.S. § 32-2374 — Arizona Code / Title 32 / Chapter 23 / Article 2 / Section 2374
32-2374 Fees
Status: in_force

32-2374. Fees

Except as provided in section 32-4301, all licenses expire on the last day of the calendar year and may be renewed on application to the director as prescribed by rule. Each application for an original or renewal license to operate a professional driver training school shall be accompanied by a fee of two hundred dollars. Each application for an original or renewal agent's license shall be accompanied by a fee of ten dollars. An application for a branch license shall be accompanied by a fee of fifty dollars.  No license fee may be refunded in the event a license is suspended or revoked.