A.R.S. § 32-1559 — Arizona Code / Title 32 / Chapter 14 / Article 3 / Section 1559
32-1559 Naturopathic medical assistants; certification; supervision; duties; training; use of title
Status: in_force

32-1559. Naturopathic medical assistants; certification; supervision; duties; training; use of title

A. A person who wishes to be certified as a naturopathic medical assistant shall submit an application as prescribed in section 32-1524.

B. A certified naturopathic medical assistant may assist a doctor of naturopathic medicine who is licensed under this chapter.

C. The board by rule may prescribe naturopathic medical treatment procedures that a naturopathic medical assistant certified under this section may perform under the direct supervision of a doctor of naturopathic medicine who is licensed under this chapter if the board determines that these procedures:

1. May be competently performed by the assistant.

2. Do not exceed the procedures that the supervising doctor of naturopathic medicine has been licensed by this state to perform.

D. The board by rule shall prescribe naturopathic medical assistant training requirements. The training requirements for a naturopathic medical assistant may be satisfied through a training program that meets all of the following:

1. Is designed and offered by a physician.

2. Meets or exceeds any of the approved training program requirements specified in rule.

3. Verifies the entry-level competencies of a naturopathic medical assistant as prescribed by rule.

4. Provides written verification to the individual of successful completion of the program.

E. A naturopathic medical assistant may perform clerical tasks without direct supervision if the tasks do not involve treating a person's condition or other procedures that are prohibited under this chapter.

F. A person shall not use the title "medical assistant" or a related abbreviation unless that person is working as a naturopathic medical assistant pursuant to this section or possesses written verification of successful completion of a training program provided pursuant to subsection D of this section.
A.R.S. § 32-3205 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3205
32-3205 Board disciplinary action; voting requirements
Status: in_force

32-3205. Board disciplinary action; voting requirements

If a disciplinary action requires a vote of board members, a health profession regulatory board shall conduct that vote by roll call.  The board shall maintain a record of each member's vote. This section does not prohibit a board from using a consent agenda.
A.R.S. § 32-3614.02 — Arizona Code / Title 32 / Chapter 36 / Article 2 / Section 3614.02
32-3614.02 Application for supervisory appraiser designation
Status: in_force

32-3614.02. Application for supervisory appraiser designation

An application for a supervisory appraiser designation shall be made on a form prescribed by the deputy director.  The applicant must submit proof of successful completion of a course that is specifically oriented to the requirements and responsibilities of supervisory appraisers and trainee appraisers and that complies with the specifications established by the appraiser qualifications board.
A.R.S. § 32-4159 — Arizona Code / Title 32 / Chapter 41 / Article 3 / Section 4159
32-4159 Substance abuse recovery program
Status: in_force

32-4159. Substance abuse recovery program

In lieu of a disciplinary proceeding prescribed by this article, the board may permit a licensee to actively participate in a board approved substance abuse recovery program if:

1. The board has evidence that the licensee is an impaired professional.

2. The licensee has not been convicted of a felony relating to a controlled substance in any court of law.

3. The licensee enters into a written agreement with the board for a restricted license and complies with all of the terms of the agreement, including making satisfactory progress in the program and adhering to any limitation on the licensee’s practice imposed by the board to protect the public.  If a licensee does not enter into such an agreement the board shall immediately begin an investigation and disciplinary proceeding.

4. As part of the agreement established between the licensee and the board, the licensee signs a waiver allowing the substance abuse program to release information to the board if the licensee does not comply with the requirements of this section or is unable to practice with reasonable skill or safety.
A.R.S. § 32-3427 — Arizona Code / Title 32 / Chapter 34 / Article 2 / Section 3427
32-3427 Fees
Status: in_force

32-3427. Fees

A. The board by rule, shall establish and collect fees not to exceed:

1. One hundred dollars for application for a license.

2. Three hundred dollars for an initial license.

3. Three hundred dollars for renewal of a license.

4. Three hundred dollars for an application for reinstatement.

5. Seventy-five dollars for a limited license.

6. Fifty dollars for a duplicate license.

B. The board, by rule, shall establish and collect fees for renewal of an inactive status license.
A.R.S. § 32-3524 — Arizona Code / Title 32 / Chapter 35 / Article 2 / Section 3524
32-3524 Licensure without examination
Status: in_force

32-3524. Licensure without examination

The board may issue a license to an applicant without examination if the applicant:

1. Files an application pursuant to section 32-3522.

2. Satisfies the requirements prescribed in section 32-3523.

3. At the time of applying, is either:

(a) Licensed as a licensed respiratory care practitioner in another state in which, in the opinion of the board, the licensure requirements are at least equivalent to those in this state and has passed, to the satisfaction of the board, an examination in the state where the applicant is licensed that is, in the opinion of the board, equivalent to the examination given under its direction.

(b) Registered as a respiratory therapist by a national organization for respiratory care approved by the board.
A.R.S. § 32-3056 — Arizona Code / Title 32 / Chapter 30 / Article 3 / Section 3056
32-3056 Violation; classification
Status: in_force

32-3056. Violation; classification

A person who violates any provision of this chapter is guilty of a class 3 misdemeanor.
A.R.S. § 32-3071 — Arizona Code / Title 32 / Chapter 30 / Article 4 / Section 3071
32-3071 Definitions
Status: in_force

32-3071. Definitions

In this article, unless the context otherwise requires:

1. "Assessment" means the amount a private postsecondary education institution is required to pay to the student tuition recovery fund.

2. "Ceasing operations" means that a private postsecondary education institution has stopped offering educational courses or programs to the public for any reason.

3. "Distance learning instruction" means a written correspondence or online education program for students who are enrolled in an institution licensed under this chapter.

4. "Fund" means the student tuition recovery fund.

5. "Newly enrolled student" means a student who is enrolling with a private postsecondary education institution for the first time.

6. "Person injured" means a student of a private postsecondary education institution that charges prepaid tuition to a student who is damaged monetarily by the institution ceasing operations before fulfilling its contractual obligations or fully providing the services that were paid for in advance.  Person injured does not include a nonresident student who is eligible to claim for recovery under a student tuition recovery fund or similar fund in the student's state of residence.

7. "Prepaid tuition" means monies that are advanced to an educational institution before the educational institution provides its service.

8. "Private postsecondary education institution" or "institution" means an educational institution that is subject to licensure under this chapter.

9. "Total course cost" means the tuition and other fees that are charged by the private postsecondary education institution for each course offered.
A.R.S. § 32-2813 — Arizona Code / Title 32 / Chapter 28 / Article 2 / Section 2813
32-2813 Examination; contents; subsequent examinations
Status: in_force

32-2813. Examination; contents; subsequent examinations

A. Examinations for certification shall include the subjects of radiation protection, x-ray physics, radiographic techniques, processing techniques, nursing procedures, anatomy terminology, radiological mathematics, professional ethics and such other subjects as the department may deem appropriate.

B. The department shall prepare lists of examination questions or problems and administer the examinations.

C. Examinations shall include written questions but may also include practical and oral portions. Following each examination, the papers and the practical and oral examinations shall be graded and the standing of each applicant shall be recorded. The department shall either pass or reject each applicant.

D. An applicant who fails to pass an examination may reapply for examination in the manner prescribed by section 32-2812. The department shall require a candidate who fails the examination three times to successfully complete additional training prescribed by the department before accepting the candidate for reexamination.
A.R.S. § 32-1644 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1644
32-1644 Approval of nursing schools and nursing programs; application; maintenance of standards
Status: in_force

32-1644. Approval of nursing schools and nursing programs; application; maintenance of standards

A. The board shall approve all new prelicensure nursing, nurse practitioner and clinical nurse specialist programs pursuant to this section. A postsecondary educational institution or school in this state that is accredited by an accrediting agency recognized by the United States department of education desiring to conduct a registered nursing, practical nursing, nurse practitioner or clinical nurse specialist program shall apply to the board for approval and submit satisfactory proof that it is prepared to meet and maintain the minimum standards prescribed by this chapter and board rules.

B. The board or its authorized agent shall conduct a survey of the institution or program applying for approval and shall submit a written report of its findings to the board.  If the board determines that the program meets the requirements prescribed in its rules, it shall approve the applicant as either a registered nursing program, practical nursing program, nurse practitioner program or clinical nurse specialist program in a specialty area.

C. A nursing program approved by the board may also be accredited by a national nursing accrediting agency recognized by the board.  If a prelicensure nursing program is accredited by a national nursing accrediting agency recognized by the board, the board does not have authority over it unless any of the following occurs:

1. The board receives a complaint about the program relating to patient safety.

2. The program falls below the standards prescribed by the board in its rules.

3. The program loses its accreditation by a national nursing accrediting agency recognized by the board.

4. The program allows its accreditation by a national nursing accrediting agency recognized by the board to lapse.

D. From time to time the board, through its authorized employees or representatives, may resurvey all approved programs in the state and shall file written reports of these resurveys with the board. If the board determines that an approved nursing program is not maintaining the required standards, it shall immediately give written notice to the program specifying the defects. If the defects are not corrected within a reasonable time as determined by the board, the board may take either of the following actions:

1. Approve the program but restrict the program's ability to admit new students until the program complies with board standards.

2. Remove the program from the list of approved nursing programs until the program complies with board standards.

E. All approved nursing programs shall maintain accurate and current records showing in full the theoretical and practical courses given to each student.

F. The board does not have regulatory authority over the following approved nurse practitioner or clinical nurse specialist programs unless the conditions prescribed in subsection C are met:

1. A nurse practitioner or clinical nurse specialist program that is part of a graduate program in nursing accredited by an agency recognized by the board if the program was surveyed as part of the graduate program accreditation.

2. A nurse practitioner or clinical nurse specialist program that is accredited by an agency recognized by the board.
A.R.S. § 32-1691.01 — Arizona Code / Title 32 / Chapter 15.1 / Article 3 / Section 1691.01
32-1691.01 Investigation and adjudication of complaints
Status: in_force

32-1691.01. Investigation and adjudication of complaints

A. The board on its motion may investigate any evidence that appears to show the existence of any of the grounds for disciplinary action pursuant to section 32-1696.

B. The board shall investigate the complaint of any person that appears to show the existence of any of the grounds for disciplinary action pursuant to section 32-1696. The board shall not disclose the name of the person who submitted the verified complaint unless that person's testimony is essential to the disciplinary proceedings conducted pursuant to this section.

C. After a motion approved by the board or on receipt of a verified complaint, as provided in subsections A and B of this section, the chairman of the board or the chairman’s designee shall either initiate an investigation or refer the complaint or motion to investigate to an investigative committee appointed by the board.  The committee shall consist of both licensed dispensing opticians and lay persons who need not be members of the board.

D. If an investigation is initiated the chairman or the chairman’s designee shall appoint a member of the board to act as the investigative officer.  Within ninety days after appointment, the officer shall conclude the investigation and make a written recommendation to the board on whether disciplinary action is appropriate and, if it is appropriate, the type of disciplinary action the board should take.

E. If the matter is referred to an investigative committee, the committee shall investigate the charges and within ninety days after referral shall make a written recommendation to the board on whether disciplinary action is appropriate and, if it is appropriate, the type of disciplinary action it should take.

F. The board shall make copies of the investigative officer’s or investigative committee’s report available to the complainant and to the licensed party.

G. Within sixty days after receipt of the written report of the investigative officer or the investigative committee, the board shall issue preliminary findings based on the written report.  If the board finds that the evidence would, if proved true, warrant suspension or revocation of a license issued under this chapter, formal proceedings for the revocation or suspension of the license shall be immediately initiated as provided in title 41, chapter 6, article 10.  If the board finds that the evidence does not warrant suspension or revocation of a license, the board shall either dismiss the complaint or impose other lesser disciplinary action pursuant to section 32-1693.

H. The board shall provide a copy of the preliminary order to the complainant and to the licensed party.  Within fifteen days after receiving the copy either party may file a motion for a rehearing or review pursuant to title 41, chapter 6, article 10.

I. Any person who in good faith makes a report as provided in this section to the board or to any person or committee acting on behalf of the board is not subject to liability for civil damages as a result of the report.

J. The board may proceed against all licenses held by a person or optical establishment in common, even if held for different physical locations, if in the opinion of the board the seriousness of the complaint or other evidence received by the board so warrants.
A.R.S. § 32-1051 — Arizona Code / Title 32 / Chapter 9 / Article 3 / Section 1051
32-1051 Duties of licensees
Status: in_force

32-1051. Duties of licensees

An individual, firm, partnership, association or corporation to whom a license is to be issued under this chapter shall:

1. Meet the financial responsibility and bonding requirements of this chapter.

2. Not have been a former licensee under this chapter whose license was suspended or revoked and not subsequently reinstated.

3. Except for attorneys licensed to practice law, not attempt to collect any collection fee, attorney fee, court cost or expenses unless the fees, charges or expenses are justly due from and legally chargeable against the debtor or have been judicially determined. A licensee may not engage in any unfair or misleading practices or resort to any oppressive, vindictive or illegal means or methods of collection.

4. Except for attorneys licensed to practice law, not give or send to any debtor, or cause to be given or sent to any debtor, any notice, letter, message or form that:

(a) Simulates any legal process.

(b) Is ambiguous as to or misrepresents the character, extent or amount of the obligation of the debtor.

(c) Represents or implies that the existing obligation of the debtor may be increased by the addition of attorney fees, investigation fees, service fees or any other fees or charges when in fact these fees or charges may not legally be added to the existing obligation of the debtor.

(d) Threatens to sell the obligation of the debtor to any person, firm or group.

(e) Uses or sets forth the name of or purports to be from any attorney at law or legal firm.

5. Except for attorneys licensed to practice law, not use any letterhead or literature bearing any heading, slogan or statement representing or implying that the licensee practices law, renders legal services or advice or maintains a legal department.

6. Not use any letterhead, advertisement, agreement, form, circular or other printed matter, or otherwise, to convey the impression that the individual, firm, partnership, association or corporation is vouched for or is an instrumentality of this state, a political subdivision of this state or the department.
A.R.S. § 32-1299.24 — Arizona Code / Title 32 / Chapter 11 / Article 8 / Section 1299.24
32-1299.24 Standards of operation and practice
Status: in_force

32-1299.24. Standards of operation and practice

A. A permit holder must:

1. Comply with all applicable federal, state and local laws, regulations and ordinances dealing with radiographic equipment, flammability, sanitation, zoning and construction standards, including construction standards relating to required access for persons with disabilities.

2. Establish written protocols for follow-up care for patients who are treated in a mobile dental facility or through a portable dental unit.  The protocols must include referrals for treatment in a dental office that is permanently established within a reasonable geographic area and may include follow-up care by the mobile dental facility or portable dental unit.

3. Ensure that each mobile dental facility or portable dental unit has access to communication equipment that will enable dental personnel to contact appropriate assistance in an emergency.

4. Identify a person who is licensed pursuant to this chapter, who is responsible to supervise treatment and who, if required by law, will be present when dental services are rendered.  This paragraph does not prevent supervision by a dentist providing services or supervision pursuant to the exceptions prescribed in section 32-1231.

5. Display in or on the mobile dental facility or portable dental unit a current valid permit issued pursuant to this article in a manner that is readily observable by patients or visitors.

6. Provide a means of communication during and after business hours to enable the patient or the parent or guardian of a patient to contact the permit holder of the mobile dental facility or portable dental unit for emergency care, follow-up care or information about treatment received.

7. Comply with all requirements for maintenance of records pursuant to section 32-1264 and all other statutory requirements applicable to health care providers and patient records. All records, whether in paper or electronic form, if not in transit, must be maintained in a permanent, secure facility.  Records of prior treatment must be readily available during subsequent treatment visits whenever practicable.

8. Ensure that all dentists, dental hygienists and denturists working in the mobile dental facility or portable dental unit hold a valid, current license issued by the board and that all delegated duties are within their respective scopes of practice as prescribed by the applicable laws of this state.

9. Maintain a written or electronic record detailing each location where services are provided, including:

(a) The street address of the service location.

(b) The dates of each session.

(c) The number of patients served.

(d) The types of dental services provided and the quantity of each service provided.

10. Provide to the board or its representative within ten days after a request for a record the written or electronic record required pursuant to paragraph 9 of this subsection.

11. Comply with current recommended infection control practices for dentistry as published by the national centers for disease control and prevention and as adopted by the board.

B. A mobile dental facility or portable dental unit must:

1. Contain equipment and supplies that are appropriate to the scope and level of treatment provided.

2. Have ready access to an adequate supply of potable water.

C. A permit holder or licensee who fails to comply with applicable statutes and rules governing the practice of dentistry, dental hygiene and denturism, the requirements for registered business entities or the requirements of this article is subject to disciplinary action for unethical or unprofessional conduct, as applicable.
A.R.S. § 32-2207 — Arizona Code / Title 32 / Chapter 21 / Article 1 / Section 2207
32-2207 Veterinary board; powers and duties
Status: in_force

32-2207. Veterinary board; powers and duties

The primary duty of the board is to protect the public from unlawful, incompetent, unqualified, impaired or unprofessional practitioners of veterinary medicine through licensure and regulation of the profession in this state. The powers and duties of the board include:

1. Administering and enforcing this chapter and board rules.

2. Regulating disciplinary actions, the granting, denial, revocation, renewal and suspension of licenses and certificates and the rehabilitation of licensees and certificate holders pursuant to this chapter and board rules.

3. Prescribing the forms, content and manner of application for licensure and certification and renewal of licensure and certification and setting deadlines for the receipt of materials required by the board.

4. Keeping a record of all licensees and certificate holders, board actions taken concerning all applicants, licensees and certificate holders and the receipt and disbursal of monies.

5. Adopting an official seal for attestation of licenses, certificates and other official papers and documents.

6. Investigating charges of violations of this chapter and board rules and orders.

7. Subject to title 41, chapter 4, article 4, employing an executive director who serves at the pleasure of the board.

8. Adopting rules pursuant to title 41, chapter 6 that relate to the qualifications and regulation of doctors of veterinary medicine, certified veterinary technicians, veterinary premises, mobile veterinary clinics and crematories and other rules that the board deems necessary for the administration of this chapter.  The rules may include continuing education requirements for licensees and certificate holders and shall include:

(a) Minimum standards of veterinary practice.

(b) Provisions to ensure that the public has reasonable access to nonconfidential information about the licensing or certification status of persons regulated under this chapter and about resolved complaints against licensees and certificate holders.

(c) Provisions to ensure that members of the public have an opportunity to evaluate the services that the board provides to the public.

(d) A provision that licensed veterinary faculty members are not subject to continuing education requirements.

9. Establishing by rule fees and penalties as provided in this chapter, including fees for the following:

(a) Reproduction of documents.

(b) Verification of information about a licensed veterinarian at the request of a veterinary licensing board in another jurisdiction.

(c) Return of checks due to insufficient funds, an order to stop payment or a closed account.

(d) Provision of a list of the names of veterinarians, certified veterinary technicians or veterinary premises licensed or certified by the board.

10. Adopting rules that require the board to inform members of the public about the existence of the office of the ombudsdman-citizens aide established by section 41-1375.
A.R.S. § 32-2842 — Arizona Code / Title 32 / Chapter 28 / Article 4 / Section 2842
32-2842 Mammographic images; physicians; requirements
Status: in_force

32-2842. Mammographic images; physicians; requirements

A physician licensed under chapter 13 or 17 of this title who reads or interprets mammographic images shall meet the following requirements:

1. Have completed forty hours of medical education credits in mammography.

2. Be certified by either the American board of radiology in diagnostic radiology or the American osteopathic board of radiology in diagnostic radiology, as applicable, or meet the requirements of the mammography quality standards act regulations for quality standards of interpreting physicians, 21 Code of Federal Regulations section 900.12.
A.R.S. § 32-3554 — Arizona Code / Title 32 / Chapter 35 / Article 3 / Section 3554
32-3554 Reinstatement of license; modification of probation
Status: in_force

32-3554. Reinstatement of license; modification of probation

A. If the license of a licensed respiratory care practitioner is revoked or probation is imposed he may apply to the board for reinstatement of his license or modification of the conditions of the probation one year after the date of revocation or imposition of probation.

B. The board may accept or reject an application for reinstatement or modification of probation and may require an examination for reinstatement or modification.
A.R.S. § 32-1508 — Arizona Code / Title 32 / Chapter 14 / Article 1 / Section 1508
32-1508 Display of licenses and certificates
Status: in_force

32-1508. Display of licenses and certificates

A. A person who holds a license or certificate pursuant to this chapter shall display that document in a conspicuous place that is accessible to view by the public.

B. A person who practices, conducts affairs or is employed at more than one location and who maintains a continuing activity as authorized by the license or certificate shall display a duplicate of that document issued by the board at each location.
A.R.S. § 32-571 — Arizona Code / Title 32 / Chapter 5 / Article 6 / Section 571
32-571 Disciplinary action
Status: in_force

32-571. Disciplinary action

The board may take any one or a combination of the following disciplinary actions:

1. Revoke a license or registration.

2. Suspend a license or registration.

3. Impose a civil penalty in an amount of not more than $2,000.

4. Impose probation requirements best adapted to protect the public safety, health and welfare, including requirements for restitution payments to patrons.

5. Publicly reprove a licensee or registrant.

6. Issue a letter of concern.
A.R.S. § 32-2932 — Arizona Code / Title 32 / Chapter 29 / Article 3 / Section 2932
32-2932 Use of title or abbreviation by licensees
Status: in_force

32-2932. Use of title or abbreviation by licensees

A. A person who is licensed pursuant to section 32-2912, subsection A may use the designation and sign the licensee's name, wherever required, in any capacity, as "homeopathic doctor", "homeopathic physician". If the licensee is a graduate of a board-approved allopathic school of medicine, the licensee may also use the designation "medical doctor (homeopathic)". If the licensee is a graduate of a board-approved osteopathic school of medicine, the licensee may also use the designation "doctor of osteopathic medicine (homeopathic)".

B. A person who is licensed pursuant to section 32-2912, subsection B may use the designation "homeopathic practitioner", "doctor of homeopathy" or "homeopathic doctor". A person may use the designation "homeopathic doctor" or "doctor of homeopathy" only if the person holds a doctorate and is licensed pursuant to chapter 8, 14, 19 or 39 of this title.

C. The board may adopt in rule abbreviations for the titles listed in subsections A and B of this section.
A.R.S. § 32-103 — Arizona Code / Title 32 / Chapter 1 / Article 1 / Section 103
32-103 Qualifications of members
Status: in_force

32-103. Qualifications of members

A. Each professional member of the board shall:

1. Be at least twenty-five years of age.

2. Have been a resident of this state for at least three years immediately preceding appointment as a member.

B. Each member who is an architect, a geologist, a landscape architect, a professional engineer or a land surveyor shall have at least five years' active professional experience as attested by registration under this chapter.
A.R.S. § 32-2104 — Arizona Code / Title 32 / Chapter 20 / Article 1 / Section 2104
32-2104 Real estate advisory board; members; terms; qualifications; compensation; chairperson; duties; annual evaluation
Status: in_force

32-2104. Real estate advisory board; members; terms; qualifications; compensation; chairperson; duties; annual evaluation

A. The real estate advisory board is established composed of ten members who are appointed by the governor. The term of office of each member is six years, and the terms of three members expire on January 31 of each odd-numbered year. Appointment to fill a vacancy occurring other than by expiration of term shall be filled by appointment for the unexpired portion of the term only.

B. The membership of the board shall consist of:

1. Two members, each of whom is a real estate broker or real estate salesperson with at least five years of residential brokerage experience in this state. Not more than one member shall be appointed from any one county.

2. One member who has been engaged in a commercial real estate brokerage for the five years immediately preceding appointment.

3. One member who has been engaged in multifamily residential rental property management with a real estate broker license for the five years immediately preceding appointment.

4. One member who has been engaged in timeshare, campground or cemetery sales for the five years immediately preceding appointment.

5. One member who has been primarily engaged in subdividing real property for the five years immediately preceding appointment.

6. One member who has been an active school administrator or approved instructor for the five years immediately preceding appointment.

7. Three public members who are not related within the third degree of consanguinity or affinity to any person holding a broker's or salesperson's license from this state.

C. Members of the board shall receive no compensation but shall be reimbursed for subsistence expenses pursuant to section 38-624 and travel expenses pursuant to section 38-623.

D. The board annually shall select from its membership a chairperson for the board.

E. The board shall provide the commissioner with such recommendations as it deems necessary and beneficial to the best interests of the public. The board shall also provide recommendations on specific questions or proposals as the board deems necessary or as requested by the commissioner.

F. The board annually shall present to the governor an evaluation of the performance of the real estate commissioner and the real estate department.

G. Not more than five members of the board from any one county may serve concurrently.
A.R.S. § 32-1299.22 — Arizona Code / Title 32 / Chapter 11 / Article 8 / Section 1299.22
32-1299.22 Mobile dental facilities; portable dental units; permits; exceptions
Status: in_force

32-1299.22. Mobile dental facilities; portable dental units; permits; exceptions

A. Beginning January 1, 2012, every mobile dental facility and, except as provided in subsection B, every provider, program or entity using portable dental units in this state must obtain a permit pursuant to this article.

B. A licensee who does not hold a permit for a mobile dental facility or portable dental unit may provide dental services if:

1. Occasional services are provided to a patient of record of a fixed dental office who is treated outside of the dental office.

2. Services are provided by a federal, state or local government agency.

3. Occasional services are performed outside of the licensee's office without charge to a patient or a third party.

4. Services are provided to a patient by an accredited dental or dental hygiene school.

5. The licensee holds a valid permit to provide mobile dental anesthesia services.

6. The licensee is an affiliated practice dental hygienist.
A.R.S. § 32-2127 — Arizona Code / Title 32 / Chapter 20 / Article 2 / Section 2127
32-2127 Licenses for additional places of business; branch office manager; broker's temporary absence
Status: in_force

32-2127. Licenses for additional places of business; branch office manager; broker's temporary absence

A. If a broker maintains more than one place of business within the state, the broker shall procure an additional license for each branch office maintained.

B. Branch office licenses shall be issued in the same name as the principal office license is issued, and the license must be posted in the branch office. Branch office signs shall conform to the provisions for the principal office and shall include the designation "branch office".

C. Each branch office shall be under the management of a broker or a licensed salesman.

D. If a designated broker is unable to act within twenty-four hours, the designated broker may designate a licensee whom the designated broker employs or another designated broker to act in the designated broker's behalf. The designated broker shall make this designation in writing and shall keep the original designation at the designated broker's office for one year from its effective date. A copy of this designation must be attached to any hire, sever or renewal form submitted to the department that is signed by the designated broker's designee. This designation shall not exceed thirty days' duration and may authorize the designee to perform any duties the designated broker may legally perform, except that a salesperson is not authorized to hire or sever licensees. A written designation is required for each temporary absence.
A.R.S. § 32-900 — Arizona Code / Title 32 / Chapter 8 / Article 1 / Section 900
32-900 Definitions
Status: in_force

32-900. Definitions

In this chapter, unless the context otherwise requires:

1. "Advisory letter" means a nondisciplinary letter to notify a licensee that either:

(a) While there is insufficient evidence to support disciplinary action, the board believes that continuation of the activities that led to the investigation may result in further board action against the licensee.

(b) The violation is a minor or technical violation that is not of sufficient merit to warrant disciplinary action.

(c) The violation is a minor or technical violation, and while the licensee has demonstrated substantial compliance through rehabilitation or remediation that has mitigated the need for disciplinary action, the board believes that repetition of the activities that led to the investigation may result in further board action against the licensee.

2. "Board" means the state board of chiropractic examiners.

3. "Certification" means that a doctor of chiropractic has been certified by the board in a specialty of chiropractic as provided by law.

4. "Chiropractic assistant" means an unlicensed person who has completed an educational training program approved by the board, who assists in basic health care duties in the practice of chiropractic under the supervision of a doctor of chiropractic and who performs delegated duties commensurate with the chiropractic assistant's education and training but who does not evaluate, interpret, design or modify established treatment programs of chiropractic care or violate any statute.

5. "Doctor of chiropractic" means a natural person who holds a license to practice chiropractic pursuant to this chapter.

6. "License" means a license to practice chiropractic.

7. "Physical medicine modalities" means any physical agent applied to produce therapeutic change to biologic tissues, including thermal, acoustic, noninvasive light, mechanical or electric energy, hot or cold packs, ultrasound, galvanism, microwave, diathermy and electrical stimulation.

8. "Therapeutic procedures" means the application of clinical skills and services, including therapeutic exercise, therapeutic activities, manual therapy techniques, massage and structural supports, to improve a patient's neuromusculoskeletal condition.
A.R.S. § 32-2917 — Arizona Code / Title 32 / Chapter 29 / Article 2 / Section 2917
32-2917 Locum tenens registration
Status: in_force

32-2917. Locum tenens registration

A. The board president or a person designated by the board may issue locum tenens registration to a person who meets all of the following requirements:

1. Submits proof satisfactory to the board that the applicant for registration holds an unrestricted license to practice allopathic, osteopathic or homeopathic medicine in another state, district or territory of the United States, that the license has not been revoked or suspended for any reason and that there are no unresolved complaints or formal charges filed against the applicant with any licensing board.

2. Submits an application as prescribed by section 32-2912.

3. The licensee for whom the applicant for registration under this section is substituting or assisting provides the board with a written request for the applicant's registration.

4. Submits the fees required under section 32-2914.

B. The board may authorize the applicant to provide locum tenens services if it is satisfied that the applicant has met the requirements of subsection A of this section.

C. Locum tenens registration granted under this section is valid for thirty days. The board may extend registration for an additional thirty days on written request by the person who made the original request for registration. This request shall explain why the extension is necessary and shall include prescribed fees and other information requested by the board.
A.R.S. § 32-903 — Arizona Code / Title 32 / Chapter 8 / Article 1 / Section 903
32-903 Compensation
Status: in_force

32-903. Compensation

The salary of the executive director shall be as determined pursuant to section 38-611. The members of the board shall receive compensation in the amount of one hundred dollars for each day of actual service in the business of the board and are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
A.R.S. § 32-1371 — Arizona Code / Title 32 / Chapter 12 / Article 3.1 / Section 1371
32-1371 List of prices of funeral goods and services offered
Status: in_force

32-1371. List of prices of funeral goods and services offered

A. The department shall adopt rules that require every licensee to give a standardized written or printed price list for retention to each person who personally inquires about funeral arrangements or prices of funeral goods and services. A funeral establishment shall offer each person the price list on beginning a discussion either of funeral arrangements or of the selection of funeral goods and services.

B. A price list shall be presented in an accurate and readable manner in order to facilitate price comparisons by funeral service consumers.
A.R.S. § 32-1285 — Arizona Code / Title 32 / Chapter 11 / Article 4 / Section 1285
32-1285 Applicants for licensure; examination requirements
Status: in_force

32-1285. Applicants for licensure; examination requirements

An applicant for licensure shall have passed all of the following:

1. The national dental hygiene board examination.

2. A clinical examination administered by a state or regional testing agency in the United States within five years preceding filing the application.

3. The Arizona dental jurisprudence examination.
A.R.S. § 32-3101 — Arizona Code / Title 32 / Chapter 31 / Article 1 / Section 3101
32-3101 Definitions
Status: in_force

32-3101. Definitions

In this chapter, unless the context otherwise requires:

1. "Certification" means a voluntary process by which a regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by that regulatory entity and who may assume or use the word "certified" in a title or designation to perform prescribed health professional tasks.

2. "Grandfather clause" means a provision that is applicable to practitioners who are actively engaged in the regulated health profession before the effective date of a law and that exempts the practitioners from meeting the prerequisite qualifications set forth in the law to perform prescribed occupational tasks.

3. "Health professional group" means any health professional group or organization, any individual or any other interested party that proposes that any health professional group that is not presently regulated be regulated.

4. "Health professions" means professions that are regulated pursuant to chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 28, 29, 33, 34, 35, 39 or 41 of this title, title 36, chapter 6, article 7 or title 36, chapter 17.

5. "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the practitioners' occupation is being carried out in a fashion consistent with the public health, safety and welfare.

6. "Licensure" or "license" means an individual, nontransferable authorization to carry on a health activity that would otherwise be unlawful in this state in the absence of the permission and that is based on qualifications that include graduation from an accredited or approved program and acceptable performance on a qualifying examination or a series of examinations.

7. "Practitioner" means an individual who has achieved knowledge and skill by practice and who is actively engaged in a specified health profession.

8. "Public member" means an individual who is not and never has been a member or the spouse of a member of the health profession being regulated and who does not have and never has had a material financial interest in either rendering the health professional service being regulated or an activity directly related to the profession being regulated.

9. "Registration" means the formal notification that, before rendering services, a practitioner must submit to a state agency setting forth the name and address of the practitioner, the location, nature and operation of the health activity to be practiced and, if required by a regulatory entity, a description of the service to be provided.

10. "Regulatory entity" means any board, commission, agency or department of this state that regulates one or more health professions in this state.

11. "State agency" means any department, board, commission or agency of this state.
A.R.S. § 32-2638 — Arizona Code / Title 32 / Chapter 26 / Article 4 / Section 2638
32-2638 Disclosure of information to law enforcement officer or county attorney
Status: in_force

32-2638. Disclosure of information to law enforcement officer or county attorney

Any licensee or registrant under this chapter shall, upon demand, divulge to any law enforcement officer or county attorney any information he may acquire as to any criminal offense.
A.R.S. § 32-1834 — Arizona Code / Title 32 / Chapter 17 / Article 2 / Section 1834
32-1834 Temporary licensure; requirements; fee
Status: in_force

32-1834. Temporary licensure; requirements; fee

A. Beginning July 1, 2017, the board may issue a temporary license, which may not be renewed or extended, to allow a physician who is not a licensee to practice in this state for a total of up to two hundred fifty consecutive days if the physician meets all of the following requirements:

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

2. Has never had a license revoked or suspended or surrendered a license for disciplinary reasons.

3. Is not the subject of an unresolved complaint.

4. Has applied for a license pursuant to section 32-1822.

5. Has paid any applicable fees.

B. The physician shall submit to the board a notarized affidavit attesting that the physician meets the requirements of subsection A, paragraphs 1, 2 and 3 of this section.  The physician shall notify the board immediately if any circumstance specified in subsection A, paragraphs 1, 2 and 3 of this section changes during the application period for a temporary license or while holding a temporary license, at which time the board may deny or revoke the temporary license.

C. The board shall approve or deny an application under this section within thirty days after an applicant files a complete application. The approval of a temporary license pursuant to this section allows the physician to practice in this state without restriction.

D. If granted, the physician's temporary license expires the earlier of two hundred fifty days after the date the temporary license is granted or on approval or denial of the physician's license application submitted pursuant to section 32-1822.

E. For the purpose of meeting the requirements of subsection A of this section, an applicant shall provide the board the name of each state, territory or possession of the United States in which the person is licensed or has held a license and the board shall verify with the applicable regulatory board that the applicant holds an active and unrestricted license to practice medicine, has never had a license revoked or suspended or surrendered a license for disciplinary reasons and is not the subject of an unresolved complaint. The board may accept the verification of this information from each other regulatory board verbally, which shall be followed by either an electronic or hard copy before the physician's permanent license is granted. If the board is unable to verify the information within the initial thirty days as required by subsection C of this section, the board may extend the time frame by an additional thirty days to receive the necessary verification.

F. The board may establish a fee in rule for temporary licensure under this section.
A.R.S. § 32-2134.01 — Arizona Code / Title 32 / Chapter 20 / Article 2 / Section 2134.01
32-2134.01 Membership camping salesperson certificate of convenience
Status: in_force

32-2134.01. Membership camping salesperson certificate of convenience

Notwithstanding any other licensing requirement under this chapter, the commissioner may issue a one time thirty day certificate of convenience without examination to any person who has applied and otherwise qualifies for a membership camping salesperson's license. An employing membership camping broker shall certify by affidavit to the commissioner that the salesperson applicant will be trained in applicable membership camping and contract laws before participation in any offer or sale.
A.R.S. § 32-4123 — Arizona Code / Title 32 / Chapter 41 / Article 2 / Section 4123
32-4123 Application; statement of deficiencies; hearing
Status: in_force

32-4123. Application; statement of deficiencies; hearing

A. An applicant for licensure shall file a completed application as required by the board.  The applicant shall include application and examination fees as prescribed in section 32-4126.

B. The board may return an application with a statement of deficiencies.  On request of an applicant who disagrees with the statement, the board shall hold a hearing pursuant to title 41, chapter 6.
A.R.S. § 32-1558 — Arizona Code / Title 32 / Chapter 14 / Article 3 / Section 1558
32-1558 Injunction
Status: in_force

32-1558. Injunction

A. An injunction may be issued to enjoin the practice of naturopathic medicine by either of the following classes of persons:

1. A person who is not licensed to practice naturopathic medicine nor exempt from the licensing requirement under this chapter.

2. A person who is licensed, certified or registered under this chapter and whose continued practice will or may cause irreparable damage to the public health and safety.

B. In a petition for injunction under subsection A, paragraph 1 it is sufficient to charge that the respondent on a day certain in a named county engaged in the practice of naturopathic medicine without a license and without being exempt from the licensing requirement under this chapter. For the purpose of this subsection damage or injury as a result of such practice is presumed.

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

D. Issuance of an injunction does not relieve the respondent from being subject to any other proceedings under law provided for in this chapter or otherwise. Violation of an injunction shall be punished as for contempt of court.

E. In all other respects injunction proceedings under this section shall be conducted in the same manner as other injunctions.
A.R.S. § 32-1266 — Arizona Code / Title 32 / Chapter 11 / Article 3 / Section 1266
32-1266 Prosecution of violations
Status: in_force

32-1266. Prosecution of violations

The attorney general shall act for the board in all matters requiring legal assistance, but the board may employ other or additional counsel in its own behalf. The board shall assist prosecuting officers in enforcement of this chapter, and in so doing may engage suitable persons to assist in investigations and in the procurement and presentation of evidence. Subpoenas or other orders issued by the board may be served by any officer empowered to serve processes, who shall receive the fees prescribed by law. Expenditures made in carrying out provisions of this section shall be paid from the dental board fund.
A.R.S. § 32-2199.04 — Arizona Code / Title 32 / Chapter 20 / Article 11 / Section 2199.04
32-2199.04 Rehearing; appeal
Status: in_force

32-2199.04. Rehearing; appeal

A. A person aggrieved by a decision of the administrative law judge may apply for a rehearing by filing with the commissioner a petition in writing pursuant to section 41-1092.09. Within ten days after filing such petition, the commissioner shall serve notice of the request on the other party by mailing a copy of the petition in the manner prescribed in section 32-2199.01 for notice of hearing.

B. The filing of a petition for rehearing temporarily suspends the operation of the administrative law judge's action. If the petition is granted, the administrative law judge's action is suspended pending the decision on the rehearing.

C. In the order granting or denying a rehearing, the commissioner shall include a statement of the particular grounds and reasons for the  commissioner's action on the petition and shall promptly mail a copy of the order to the parties who have appeared in support of or in opposition to the petition for rehearing.

D. In a rehearing conducted pursuant to this section, a corporation may be represented by a corporate officer or employee who is not a member of the state bar if:

1. The corporation has specifically authorized such officer or employee to represent it.

2. Such representation is not the officer's or employee's primary duty to the corporation but is secondary or incidental to such officer's or employee's duties relating to the management or operation of the corporation.
A.R.S. § 32-2197.14 — Arizona Code / Title 32 / Chapter 20 / Article 9 / Section 2197.14
32-2197.14 Investigations; orders; hearings
Status: in_force

32-2197.14. Investigations; orders; hearings

A. The commissioner, on the commissioner's own motion, or if the commissioner has received a complaint and has satisfactory evidence that the owner, agent or developer is violating any provision of this article or rules of the commissioner or has engaged in any unlawful practice as defined in section 44-1522 concerning the sale of timeshare interests or deviated from the provisions of the public report, may investigate the timeshare property and examine the books and records of the owner, agent or developer. For the purpose of examination, the owner, agent or developer shall keep and maintain records of all sales transactions and monies received pursuant to such sales transactions and make them accessible to the commissioner upon reasonable notice and demand.

B. The commissioner may conduct an investigation, issue a summary order as provided in section 32-2157 or hold a public hearing, on the commissioner's own motion, or if the commissioner has received a complaint and has satisfactory evidence that:

1. A person has violated any of the provisions of this article or the rules of the commissioner.

2. A person has engaged in any unlawful practice as defined in section 44-1522 concerning the sale of timeshare interests.

3. A person has deviated from the provisions of the public report.

4. The owner, agent, developer, officer or partner, developer trust beneficiary or, if a corporation, any stockholder owning ten per cent or more of the stock in such corporation has participated in, operated or held an interest in any land development company which is bankrupt or has been indicted for fraud or against whom an information for fraud has been filed or has been convicted of a felony, before or after the commissioner issues the public report.

C. After such hearing, the commissioner may issue such order or orders as the commissioner deems necessary to protect the public interest and ensure compliance with the law, or rules or public report, or may bring an action in any court of competent jurisdiction against the person to enjoin the person from continuing such violation or engaging in such violation or doing any act or acts in furtherance of such violation. The court may make such orders or judgments, including the appointment of a receiver, as are necessary to prevent the use or employment by a person of any unlawful practices or which are necessary to restore to any person in interest any monies or property, real or personal, which has been acquired by means of any practice declared to be unlawful in this article.

D. For any timeshare investigation made under this section of an out-of-state timeshare plan, or any in-state timeshare plan to which the commissioner issues any order necessary to protect the public interest and ensure compliance with law, rules or the public report, the developer shall reimburse the department for travel and subsistence expenses incurred by the department.
A.R.S. § 32-3261 — Arizona Code / Title 32 / Chapter 33 / Article 2 / Section 3261
32-3261 Academic review committees; members; appointment; qualifications; terms; compensation; immunity; training
Status: in_force

32-3261. Academic review committees; members; appointment; qualifications; terms; compensation; immunity; training

A. The board shall establish an academic review committee for each professional area licensed pursuant to this chapter to do the following:

1. Review applications referred to the committee by the board or the executive director to determine whether an applicant, whose curriculum has not been approved pursuant to section 32-3253, subsection A, paragraph 14 or whose program is not accredited by an organization or entity approved by the board, has met the educational requirements of this chapter or board rules.

2. On referral by the executive director, make recommendations to the board regarding whether an applicant has met the requirements of supervised work experience required for licensure pursuant to this chapter or board rules.

3. Make specific findings concerning an application's deficiencies.

4. Review applications and make recommendations to the board for curriculum approval applications made pursuant to section 32-3253, subsection A, paragraph 14.

5. At the request of the board, make recommendations regarding examinations required pursuant to this chapter.

6. Review applications for and make determinations regarding exemptions related to clinical supervision requirements.

B. If an application is referred to an academic review committee for review and the academic review committee finds that additional information is needed from the applicant, the academic review committee shall provide a comprehensive written request for additional information to the applicant.

C. An academic review committee shall be composed of three members who have been residents of this state for at least one year before appointment, at least one of whom is licensed in the professional area pursuant to this chapter and have five years of experience in the applicable profession.  At least one member must have served within the previous ten years as core or full-time faculty at a regionally accredited college or university in a program related to the applicable profession and have experience in the design and development of the curriculum of a related program.  If qualified, a faculty member may serve on more than one academic review committee. A board member may not be appointed to serve on an academic review committee.

D. Committee members shall initially be appointed by the board.  From and after January 1, 2016, the governor shall appoint the committee members. A committee member who is initially appointed by the board may be reappointed by the governor.  A committee member who is initially appointed by the board shall continue to serve until appointed or replaced by the governor.

E. Committee members serve at the pleasure of the governor for terms of three years. A member shall not serve more than two full consecutive terms.

F. Committee members are eligible to receive compensation of not more than eighty-five dollars for each day actually and necessarily spent in the performance of their duties.

G. An academic review committee shall annually elect a chairman and secretary from its membership.

H. Committee members are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter.

I. Committee members shall receive at least five hours of training as prescribed by the board within one year after the member is initially appointed and that includes instruction in ethics and open meeting requirements.
A.R.S. § 32-1403 — Arizona Code / Title 32 / Chapter 13 / Article 1 / Section 1403
32-1403 Powers and duties of the board; compensation; immunity; committee on executive director selection and retention
Status: in_force

32-1403. Powers and duties of the board; compensation; immunity; committee on executive director selection and retention

A. The primary duty of the board is to protect the public from unlawful, incompetent, unqualified, impaired or unprofessional practitioners of allopathic medicine through licensure, regulation and rehabilitation of the profession in this state. The powers and duties of the board include:

1. Ordering and evaluating physical, psychological, psychiatric and competency testing of licensed physicians and candidates for licensure as may be determined necessary by the board.

2. Initiating investigations and determining on the board's own motion whether a doctor of medicine has engaged in unprofessional conduct or provided incompetent medical care or is mentally or physically unable to engage in the practice of medicine.

3. Developing and recommending standards governing the profession.

4. Reviewing the credentials and the abilities of applicants whose professional records or physical or mental capabilities may not meet the requirements for licensure or registration as prescribed in article 2 of this chapter in order for the board to make a final determination whether the applicant meets the requirements for licensure pursuant to this chapter.

5. Disciplining and rehabilitating physicians.

6. Engaging in a full exchange of information with the licensing and disciplinary boards and medical associations of other states and jurisdictions of the United States and foreign countries and the Arizona medical association and its components.

7. Directing the preparation and circulation of educational material the board determines is helpful and proper for licensees.

8. Adopting rules regarding the regulation and the qualifications of doctors of medicine.

9. Establishing fees and penalties as provided pursuant to section 32-1436.

10. Delegating to the executive director the board's authority pursuant to section 32-1405 or 32-1451. The board shall adopt substantive policy statements pursuant to section 41-1091 for each specific licensing and regulatory authority the board delegates to the executive director.

11. Determining whether a prospective or current Arizona licensed physician has the training or experience to demonstrate the physician's ability to treat and manage opiate-dependent patients as a qualifying physician pursuant to 21 United States Code section 823(g)(2)(G)(ii).

12. Issuing registrations to administer general anesthesia and sedation in dental offices and dental clinics pursuant to section 32-1272 to doctors of medicine who have completed residency training in anesthesiology.

B. The board may appoint one of its members to the jurisdiction arbitration panel pursuant to section 32-2907, subsection B.

C. There shall be no monetary liability on the part of and no cause of action shall arise against the executive director or such other permanent or temporary personnel or professional medical investigators for any act done or proceeding undertaken or performed in good faith and in furtherance of the purposes of this chapter.

D. In conducting its investigations pursuant to subsection A, paragraph 2 of this section, the board may receive and review staff reports relating to complaints and malpractice claims.

E. The board shall establish a program that is reasonable and necessary to educate doctors of medicine regarding the uses and advantages of autologous blood transfusions.

F. The board may make statistical information on doctors of medicine and applicants for licensure under this article available to academic and research organizations.

G. The committee on executive director selection and retention is established consisting of the Arizona medical board and the chairperson and vice chairperson of the Arizona regulatory board of physician assistants. The committee is a public body and is subject to the requirements of title 38, chapter 3, article 3.1. The committee is responsible for appointing the executive director pursuant to section 32-1405. All members of the committee are voting members of the committee.  The committee shall elect a chairperson and a vice chairperson when the committee meets but not more frequently than once a year. The chairperson shall call meetings of the committee as necessary, and the vice chairperson may call meetings of the committee that are necessary if the chairperson is not available. The presence of eight members of the committee at a meeting constitutes a quorum. The committee meetings may be held using communications equipment that allows all members who are participating in the meeting to hear each other. If any discussions occur in an executive session of the committee, notwithstanding the requirement that discussions made at an executive session be kept confidential as specified in section 38-431.03, the chairperson and vice chairperson of the Arizona regulatory board of physician assistants may discuss this information with the Arizona regulatory board of physician assistants in executive session. This disclosure of executive session information to the Arizona regulatory board of physician assistants does not constitute a waiver of confidentiality or any privilege, including the attorney-client privilege.

H. The officers of the Arizona medical board and the Arizona regulatory board of physician assistants shall meet twice a year to discuss matters of mutual concern and interest.

I. The board may accept and expend grants, gifts, devises and other contributions from any public or private source, including the federal government. Monies received under this subsection do not revert to the state general fund at the end of a fiscal year.
A.R.S. § 32-4301 — Arizona Code / Title 32 / Chapter 43 / Article 1 / Section 4301
32-4301 License, certificate or registration expiration; military active duty; one hundred eighty-day extension
Status: in_force

32-4301. License, certificate or registration expiration; military active duty; one hundred eighty-day extension

A. Except as otherwise provided in this section, a license, certificate or registration that is issued pursuant to this title to any member of the national guard or the United States armed forces reserves shall not expire while the member is serving on federal active duty and shall be extended one hundred eighty days after the member returns from federal active duty, provided that the member, or the legal representative of the member, notifies the license, certificate or registration issuing authority of the federal active duty status of the member. A license, certificate or registration that is issued pursuant to this title to any member serving in the regular component of the United States armed forces shall be extended one hundred eighty days from the date of expiration, provided that the member, or the legal representative of the member, notifies the license, certificate or registration issuing authority of the federal active duty status of the member.

B. A license, certificate or registration that is issued pursuant to this title to any member of the national guard, the United States armed forces reserves or the regular component of the United States armed forces shall not expire and shall be extended one hundred eighty days from the date the military member is able to perform activities necessary under the license, certificate or registration if the member both:

1. Is released from active duty service.

2. Suffers an injury as a result of active duty service that temporarily prevents the member from being able to perform activities necessary under the license, certificate or registration.

C. If the license, certificate or registration is renewed during the applicable extended time period after the member returns from federal active duty, the member is responsible only for normal fees and activities relating to renewal of the license, certificate or registration and shall not be charged any additional costs such as late fees or delinquency fees.

D. The member, or the legal representative of the member, shall present to the authority issuing the license, certificate or registration a copy of the member's official military orders, a redacted military identification card or a written verification from the member's commanding officer before the end of the applicable extended time period in order to qualify for the extension.

E. This section does not apply to licenses that are issued pursuant to chapter 10 of this title if a person other than the person who is a member of the national guard, the United States armed forces reserves or the regular component of the United States armed forces is authorized to renew the license.

F. A license or certificate that is issued pursuant to chapter 36 of this title to any member of the national guard, the United States armed forces reserves or the regular component of the United States armed forces shall be placed in active status for ninety days after the member returns from federal active duty, provided that the member, or the legal representative of the member, notifies the department of insurance and financial institutions of the federal active duty status of the member.
A.R.S. § 32-3953 — Arizona Code / Title 32 / Chapter 39 / Article 3 / Section 3953
32-3953 Injunctive relief; bond; service of process
Status: in_force

32-3953. Injunctive relief; bond; service of process

A. In addition to all other available remedies, if the board has any reason to believe that a person has violated this chapter or a board rule, the board through the attorney general or the county attorney of the county in which the violation is alleged to have occurred may apply to the superior court in that county for an injunction restraining that person from engaging in the violation.

B. The court shall issue a temporary restraining order, a preliminary injunction or a permanent injunction without requiring the board to post a bond.

C. Service of process may be on the defendant in any county of this state where the defendant is found.
A.R.S. § 32-2197.07 — Arizona Code / Title 32 / Chapter 20 / Article 9 / Section 2197.07
32-2197.07 Examination of plan by commissioner; fees
Status: in_force

32-2197.07. Examination of plan by commissioner; fees

A. The commissioner shall examine any timeshare plan offered for sale or lease in this state or located in this state and shall make public his findings.

B. The commissioner may physically inspect any timeshare plan offered for sale or lease in this state or located in this state.

C. An initial filing fee of twenty dollars per interest with a maximum fee of not more than one thousand dollars shall accompany the notice of intention filed pursuant to section 32-2197.02. A filing fee as established by rule shall accompany the application to amend the timeshare public report required in section 32-2197.04.

D. The developer of the timeshare plan shall bear the total cost of travel and subsistence expenses incurred by the department in the examination, in addition to the initial filing fee provided for in this section, on the basis of actual cost to the department.
A.R.S. § 32-1421 — Arizona Code / Title 32 / Chapter 13 / Article 2 / Section 1421
32-1421 Exemptions from licensing requirements
Status: in_force

32-1421. Exemptions from licensing requirements

A. This article does not apply to any person while engaged in:

1. The provision of medical assistance in case of an emergency.

2. The administration of family remedies including the sale of vitamins, health foods or health food supplements or any other natural remedies, except drugs or medicines for which an authorized prescription is required by law.

3. The practice of religion, treatment by prayer or the laying on of hands as a religious rite or ordinance.

4. The practice of any of the healing arts of and by Indian tribes in this state.

5. The lawful practice of any of the healing arts to the extent authorized by a license issued by this state.

6. Activities or functions that do not require the exercise of a doctor of medicine's judgment for their performance, are not in violation of the laws of this state and are usually or customarily delegated by a doctor of medicine under the doctor's direction or supervision or are performed in accordance with the approval of a committee of physicians in a licensed health care institution.

7. The official duties of a medical officer in the armed forces of the United States, the United States department of veterans affairs or the United States public health service or their successor agencies, if the duties are restricted to federal lands.

8. Any act, task or function competently performed by a physician assistant in the proper performance of the physician assistant's duties.

9. The emergency harvesting of donor organs by a doctor of medicine or team of doctors of medicine licensed to practice medicine in another state or country for use in another state or country.

B. This article does not apply to:

1. A doctor of medicine residing in another jurisdiction who is authorized to practice medicine in that jurisdiction, if the doctor engages in actual single or infrequent consultation with a doctor of medicine licensed in this state and if the consultation regards a specific patient or patients.

2. A doctor of medicine who is licensed to practice in another jurisdiction if the doctor engages in the practice of medicine that is limited to patients with whom the doctor has an already established doctor-patient relationship and who reside outside this jurisdiction when both the doctor and the patient are physically in this state for not more than sixty consecutive days.  For the purposes of this paragraph, "patient" means a person who is not a resident of this state and who is an athlete or a professional entertainer.
A.R.S. § 32-2231 — Arizona Code / Title 32 / Chapter 21 / Article 3 / Section 2231
32-2231 Acts constituting the practice of veterinary medicine; exceptions; definitions
Status: in_force

32-2231. Acts constituting the practice of veterinary medicine; exceptions; definitions

A. A person shall be regarded as practicing veterinary medicine, surgery and dentistry within the meaning of this chapter who, within this state:

1. By advertisement, or by any notice, sign or other indication, or by a statement written, printed or oral, in public or in private, made, done or procured by the person or any other at the person's request claims, announces, makes known or pretends ability or willingness to diagnose any animal condition, disease, deformity, defect, wound or injury or to perform any type of surgical procedure on animals.

2. Advertises or makes known or claims ability and willingness to perform the following for hire, fee, compensation or reward that is directly or indirectly promised, offered, expected, received or accepted:

(a) Prescribe or administer any drug, medicine, treatment, method or practice for any animal.

(b) Perform any operation or manipulation on or apply any apparatus or appliance to any animal.

(c) Give any instruction or demonstration for the cure, amelioration, correction or reduction or modification of any animal condition, disease, deformity, defect, wound or injury.

3. Diagnoses or prognosticates any animal condition, disease, deformity, defect, wound or injury for hire, fee, reward or compensation that is directly or indirectly promised, offered, expected, received or accepted.

4. Prescribes or administers any drug, medicine, treatment, method or practice, performs any operation or manipulation, or applies any apparatus or appliance for the cure, amelioration, correction or modification of any animal condition, disease, deformity, defect, wound or injury for hire, fee, compensation or reward that is directly or indirectly promised, offered, expected, received or accepted.

B. This section does not apply to:

1. Duly authorized representatives of the United States department of agriculture in the discharge of any duty authorized by the director in charge of the animal disease eradication division.

2. A certified veterinary technician performing a task or function authorized by the rules of the board in the employ of and under the direction, supervision and control of a licensed veterinarian or a licensed veterinary faculty member.

3. An equine dental practitioner if all of the following apply:

(a) The equine dental practitioner is certified by the international association of equine dentistry or the academy of equine dentistry.

(b) The equine dental practitioner performs any of the following procedures under the general supervision of a licensed veterinarian:

(i) The application of any apparatus used to work on the oral cavity.

(ii) The examination of dental conditions.

(iii) The removal of overgrowth from the teeth of horses and the removal of sharp enamel points from the teeth of horses, excluding any extractions unless the certified equine dental practitioner is under the direct supervision of a licensed veterinarian.

(iv) Any treatment of the oral cavity as authorized by the animal's owner, excluding any extractions unless the certified equine dental practitioner is under the direct supervision of a licensed veterinarian.

(c) The equine dental practitioner provides both of the following to the board:

(i) Proof of current certification from the international association of equine dentistry or the academy of equine dentistry.

(ii) A written statement signed by the supervising veterinarian that the certified equine dental practitioner will be under the general or direct supervision of the licensed veterinarian when performing the procedures prescribed by this paragraph.

(d) Both the supervising veterinarian and the certified equine dental practitioner maintain dental charts for procedures done pursuant to this paragraph.

4. A veterinary student who performs acts of health care or prescribed veterinary procedures as a part of the student's educational experience if both of the following apply:

(a) The acts are assigned by a licensed veterinarian or a licensed veterinary faculty member who is responsible for the animal's care.

(b) The student works under the direct supervision of a licensed veterinarian or a licensed veterinary faculty member.

5. An acupuncturist who is treating an animal pursuant to section 32-3928 and who is in compliance with all of the following:

(a) Is nationally certified by the American board of animal acupuncture or the national certification commission for acupuncture and oriental medicine to treat animals.

(b) Provides proof of current certification in animal acupuncture to the acupuncture board of examiners.

(c) Has received a referral for acupuncture treatment from a licensed veterinarian who has diagnosed the animal.

(d) Maintains records on every animal and provides the records to the treating veterinarian on request.

(e) Maintains adequate insurance to specifically cover any injuries to the animal, the animal's owner or staff members working on the animal.

(f) If the acupuncturist is not providing the treatment in a licensed veterinary premises that is operated by a licensed veterinarian, complies with all of the following:

(i) The animal is not treated in the same area as human patients.

(ii) The premises has secured areas to contain animals safely during any treatment.

(iii) The staff is trained to properly hold any animal being treated.

(iv) Protocols are in place to handle emergency situations that may arise with the animal that is being treated.

(v) Sanitation protocols are in place to ensure human and animal safety.

(vi) Any rules adopted by the acupuncture board of examiners.

(g) Assesses and treats the animal consistent with the licensed acupuncturist's training and, on request, communicates the findings, treatment and results to the treating licensed veterinarian in a timely manner. On request, the treating licensed veterinarian shall provide the treating acupuncturist with all medical information that may assist in the treatment of the animal.

(h) Is solely liable for the acupuncture treatment provided to the animal that is also under the care of a licensed veterinarian.

6. A rabies vaccinator who is certified pursuant to section 32-2240.02.

C. Notwithstanding subsection B, paragraph 3 of this section, only a licensed veterinarian and not an equine dental practitioner may prescribe or administer, or both prescribe and administer, any drug or medicine.

D. For the purposes of this section:

1. "Direct supervision" means a licensed veterinarian must authorize and be physically present for the procedure.

2. "General supervision" means a licensed veterinarian must be available for consultation by telephone or other form of immediate communication.
A.R.S. § 32-1168 — Arizona Code / Title 32 / Chapter 10 / Article 3 / Section 1168
32-1168 Proof of valid license
Status: in_force

32-1168. Proof of valid license

At the request of the registrar, and after issuing a citation pursuant to section 32-1104, subsection A, paragraph 4, or a cease and desist order pursuant to section 32-1166, the county, city or authority of the state may cause work on a construction project to cease or be suspended on that project until there is compliance with the licensing requirements of section 32-1151 by those contractors employed on that project.
A.R.S. § 32-1188 — Arizona Code / Title 32 / Chapter 10 / Article 5 / Section 1188
32-1188 Applicability to construction of a dwelling for an owner-occupant; definitions
Status: in_force

32-1188. Applicability to construction of a dwelling for an owner-occupant; definitions

A. The requirements in section 32-1182 do not apply to construction contracts for the construction of a dwelling for an owner-occupant unless the following legend or substantially similar language appears in clear and conspicuous type on the front page of each billing or estimate from the contractor to the owner-occupant:

Notice to owner of applicability of Arizona prompt pay act

(Notice required by Arizona Revised Statutes

section 32-1188)

Attention: Your obligations to pay your contractor are subject to the Arizona prompt pay act.  That act is set forth in title 32, chapter 10, article 5, Arizona Revised Statutes.  The full text of the statutes are available at your local public law library or on the internet.  Under that act, you have the right to withhold all or a portion of a payment to a contractor for a variety of reasons, including defective construction work that has not been corrected. However, in order to do so, you must issue a written statement setting forth in reasonable detail your reasons for withholding payments within fourteen (14) days after the date you receive a billing or estimate.  If you fail to issue the written statement within that period, the billing or estimate will be deemed approved. Once the billing or estimate is deemed approved, you must pay the billing or estimate within seven (7) days. Generally, you are limited by the act to withholding only an amount that is sufficient to pay the direct costs and expenses you reasonably expect to incur to protect you from loss for which the contractor is responsible.  You are encouraged to read the act in full to know your obligations and rights.

B. For the purposes of this section, "dwelling" and "owner-occupant" have the same meanings prescribed in section 33-1002.
A.R.S. § 32-1425 — Arizona Code / Title 32 / Chapter 13 / Article 2 / Section 1425
32-1425 Initial licensure
Status: in_force

32-1425. Initial licensure

A. An applicant who meets the applicable requirements provided in section 32-1422, 32-1423 or 32-1424, has passed steps one and two of the United States medical licensing examination or one of the examination combinations prescribed in section 32-1426, subsection A, paragraph  6, subdivision (c), items (i) and (ii), has paid the fees required by this chapter and has filed a completed application found by the board to be true and correct is eligible for licensure as a doctor of medicine upon successful passage of step three of the United States medical licensing examination with a scaled score of at least seventy-five if the applicant has passed all three steps within a seven year period.

B. An applicant for licensure applying pursuant to section 32-1422, 32-1423 or 32-1424 may take the examination only after successfully completing six months of a board approved hospital internship, residency or clinical fellowship or fifth pathway program or serving as a full-time assistant professor or in a higher position in a board approved school of medicine in this state.

C. The board shall not grant a license until the applicant meets the requirements for licensure pursuant to this chapter.
A.R.S. § 32-4002 — Arizona Code / Title 32 / Chapter 40 / Article 1 / Section 4002
32-4002 Definitions
Status: in_force

32-4002. Definitions

In this chapter, unless the context otherwise requires:

1. "Board" means the board of certified reporters.

2. "Certification" means a standard certificate that is issued by the board to a person who meets the requirements of sections 32-4021 and 32-4022 and does not include a temporary certificate.

3. "Certified reporter" means a person who is certified by the board and who records and transcribes a verbatim record in any sworn proceeding by means of written symbols or abbreviations in shorthand, machine writing or voice writing.

4. "Certify" means board authorization to engage in activities regulated by the board.

5. "Report" means to stenographically or by voice writing record and transcribe sworn proceedings.

6. "Voice writing" means the making of a verbatim record of the spoken word by means of repeating the words of the speaker into a device that is capable of digital translation into text.
A.R.S. § 32-2609 — Arizona Code / Title 32 / Chapter 26 / Article 1 / Section 2609
32-2609 Good cause exceptions for misdemeanor and felony offenses
Status: in_force

32-2609. Good cause exceptions for misdemeanor and felony offenses

A. If a person shows at a hearing to the board's satisfaction that the person is not awaiting trial on or has not been convicted of committing any of the offenses listed in section 41-1758.03, subsection B, the board may grant a good cause exception for the following:

1. A misdemeanor offense if the person completed all terms of sentencing.

2. A felony offense if ten of more years have passed since the person completed all terms of sentencing.

B. Before granting a good cause exception at a hearing the board shall consider all of the following in accordance with board rule:

1. The extent of the person's criminal record.

2. The length of time that has elapsed since the offense was committed.

3. The nature of the offense.

4. Evidence supporting any applicable mitigating circumstances.

5. Evidence supporting the degree to which the person participated in the offense.

6. Evidence supporting the extent of the person's rehabilitation, including:

(a) Completion of probation, parole or community supervision.

(b) Whether the person paid restitution or other compensation for the offense.

(c) Evidence of positive action to change criminal behavior, such as completion of a drug treatment program or counseling.

(d) Personal references attesting to the person's rehabilitation.

C. If seeking a good cause exception, at least five days before the hearing the applicant shall submit to the department any evidence the applicant will be presenting at the hearing.
A.R.S. § 32-142 — Arizona Code / Title 32 / Chapter 1 / Article 3 / Section 142
32-142 Public works
Status: in_force

32-142. Public works

A. Drawings, plans, specifications, estimates and construction observation for public works of this state or a political subdivision of this state involving architecture, engineering, geology, landscape architecture or land surveying shall be prepared by or under the direct supervision of a registrant within the category involved.

B. Surveys or maps required in connection with public land surveying shall be made by or under the personal direction of a qualified registrant.

C. Drawings, plans, design specifications and construction observation of public works facilities of the state or a political subdivision of this state for the use or storage of hazardous materials shall be made by or under the direct supervision of a qualified registrant in the appropriate field.
A.R.S. § 32-3521 — Arizona Code / Title 32 / Chapter 35 / Article 2 / Section 3521
32-3521 Allowable respiratory care services; transactions by medical equipment dealers
Status: in_force

32-3521. Allowable respiratory care services; transactions by medical equipment dealers

A. This chapter does not prohibit:

1. The performance of respiratory care services that are an integral part of a program of study by students who are enrolled in respiratory therapy training programs if the services are rendered under the supervision of a licensed respiratory care practitioner or a physician licensed pursuant to chapter 13 or 17 of this title.

2. Self-care by a patient or the gratuitous care by a friend or relative who does not purport to be a licensed respiratory care practitioner.

3. The performance of respiratory care services in case of an emergency, including an epidemic or public disaster.

4. The performance of respiratory care services by registered, certified or licensed individuals as provided pursuant to chapters 7, 8, 11, 13, 14, 15, 17, 18, 19, 21, 25, 28 and 29 of this title and title 36, chapter 21.1.

5. The performance of specific diagnostic testing techniques relating to respiratory care by a person under medical direction in a clinical laboratory that is regulated pursuant to title 36, chapter 4.1.

6. The performance of respiratory care services by a person who is employed as a respiratory therapist by the United States government or any of its agencies if that person provides respiratory therapy only under the direction or control of the federal government or an agency of the federal government.

7. Medical equipment dealers who comply with subsection B of this section from taking a prescription for respiratory equipment, as long as that prescription is verified by a licensed respiratory therapist, and delivering oxygen equipment to or demonstrating the operation, safety and maintenance of oxygen equipment at a patient's home.

B. In a sale or lease of respiratory equipment by a medical equipment dealer to a patient, the terms of the sale or lease shall be in writing and signed by the parties describing the date of the sale or lease, the equipment to be sold or leased and the cost and method of payment for the equipment and shall include verification by a licensed respiratory therapist attesting that purchase or lease of the equipment is consistent with the prescription and the needs of the patient. The patient shall be provided a copy of all documents pertaining to the sale or lease at the time the documents are signed by the parties.
A.R.S. § 32-856 — Arizona Code / Title 32 / Chapter 7 / Article 3 / Section 856
32-856 Podiatric medical assistants; rules
Status: in_force

32-856. Podiatric medical assistants; rules

A podiatric medical assistant may assist a podiatrist pursuant to rules adopted by the board.
A.R.S. § 32-729 — Arizona Code / Title 32 / Chapter 6 / Article 2 / Section 729
32-729 Fees
Status: in_force

32-729. Fees

The board shall establish and collect:

1. A uniform fee from an applicant for each initial examination and reexamination application pursuant to section 32-723 to cover reasonable costs of reviewing the applicant's eligibility to take the examination and facilitating the applicant to take the examination until the applicant passes all sections.

2. A uniform fee from each applicant for a certificate to be issued pursuant to section 32-721.

3. A uniform registration fee of at least one hundred and not more than three hundred dollars from each applicant for registration as a certified public accountant pursuant to section 32-730. The registration fee is due during the month of the anniversary of the registrant's birth.  Registrants for less than two years shall be charged on a pro rata basis for the remainder of the registration period.  The board shall establish and collect a late fee, if applicable, of not more than one hundred dollars.

4. A uniform registration fee of at least one hundred dollars and not more than three hundred dollars from each applicant for registration as a firm pursuant to section 32-730. The registration fee is due during the month of the anniversary of the effective date of the firm's formation.  The board shall establish and collect a late fee, if applicable, of not more than one hundred dollars.  The board shall not charge a fee for the registration of additional offices of the same firm or for the registration of a sole proprietorship or an individual who is required to register as a firm pursuant to section 32-731.

5. A uniform application fee in an amount to be determined by the board to reinstate pursuant to this chapter.

6. A uniform registration fee of fifty dollars for retired status registration as described in section 32-730.04.  The board shall establish and collect a late fee, if applicable, and it is the intent of the legislature that the fee be not more than one hundred dollars.
A.R.S. § 32-1284 — Arizona Code / Title 32 / Chapter 11 / Article 4 / Section 1284
32-1284 Qualifications of applicant; application; fee; fingerprint clearance card; rules; denial or suspension of application
Status: in_force

32-1284. Qualifications of applicant; application; fee; fingerprint clearance card; rules; denial or suspension of application

A. An applicant for licensure as a dental hygienist shall be at least eighteen years of age, shall meet the requirements of section 32-1285 and shall present to the board evidence of graduation or a certificate of satisfactory completion in a course or curriculum in dental hygiene from a recognized dental hygiene school. A candidate shall make written application to the board accompanied by a nonrefundable Arizona dental jurisprudence examination fee of $100.  The board shall waive this fee for candidates who are holders of valid restricted permits. Each candidate shall also obtain a valid fingerprint clearance card issued pursuant to section 41-1758.03.

B. The board shall adopt rules that govern the practice of dental hygienists and that are not inconsistent with this chapter.

C. The board may deny an application for licensure or an application for license renewal if the applicant:

1. Has committed an act that would be cause for censure, probation or suspension or revocation of a license under this chapter.

2. While unlicensed, committed or aided and abetted the commission of an act for which a license is required by this chapter.

3. Knowingly made any false statement in the application.

4. Has had a license to practice dental hygiene revoked by a regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction and that constitutes unprofessional conduct pursuant to this chapter.

5. Is currently under suspension or restriction by a regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction and that constitutes unprofessional conduct pursuant to this chapter.

6. Has surrendered, relinquished or given up a license to practice dental hygiene instead of disciplinary action by a regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction and that constitutes unprofessional conduct pursuant to this chapter.

D. The board shall suspend an application for a license if the applicant is currently under investigation by a dental regulatory board in another jurisdiction.  The board shall not issue or deny a license to the applicant until the investigation is resolved.
A.R.S. § 32-1801 — Arizona Code / Title 32 / Chapter 17 / Article 1 / Section 1801
32-1801 Arizona board of osteopathic examiners in medicine and surgery
Status: in_force

32-1801. Arizona board of osteopathic examiners in medicine and surgery

A. The Arizona board of osteopathic examiners in medicine and surgery is established consisting of seven members appointed by the governor. One member of the board shall be appointed each year for a term of five years, to begin and end on April 15.

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. Two members of the board shall be public members who shall not be in any manner connected with, or have an interest in, any school of medicine or any person practicing any form of healing or treatment of bodily or mental ailments and who has demonstrated an interest in the health problems of the state. The other five members of the board shall have engaged in the practice of medicine as an osteopathic physician in this state for at least five years preceding their appointments, hold active licenses in good standing and, at the time of appointment, be practicing medicine with direct patient contact. In making appointments of each professional member of the board, the governor shall consider a list of qualified persons submitted by the Arizona osteopathic medical association and recommendations by any other person.  Members of the board shall continue in office until their successors are appointed and qualified. Each board member, before entering on his duties, shall take an oath prescribed by law and in addition thereto shall make an oath as to his qualifications as prescribed in this section. No board member may serve more than two consecutive five year terms.

D. The governor may remove board members if they fail to attend three or more board meetings within twelve months. This does not include telephonic meetings of the board. The governor may also remove board members for malfeasance, misfeasance or incompetence in their office, unprofessional or dishonorable conduct in their office or unprofessional or dishonorable conduct. The governor shall appoint a qualified replacement to fill a vacant position for the unexpired portion of the term.
A.R.S. § 32-1637 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1637
32-1637 Qualifications of practical nurse; application for license
Status: in_force

32-1637. Qualifications of practical nurse; application for license

An applicant for a license to practice as and assume the title of a licensed practical nurse shall file with the board a verified written application accompanied by the prescribed fee and shall submit satisfactory proof that the applicant:

1. Has satisfactorily completed the basic curriculum in an approved practical or professional nursing program and holds a diploma, certificate or degree from that program.

2. If convicted of one or more felonies, has received an absolute discharge from the sentences for all felony convictions three or more years before the date of filing the application.
A.R.S. § 32-1932.01 — Arizona Code / Title 32 / Chapter 18 / Article 2 / Section 1932.01
32-1932.01 Substance abuse treatment and rehabilitation program; private contract; funding
Status: in_force

32-1932.01. Substance abuse treatment and rehabilitation program; private contract; funding

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

B. The board may contract with other organizations to operate the program established pursuant to subsection A of this section. A contract with a private organization shall include the following requirements:

1. Periodic reports to the board regarding treatment program activity.

2. Pursuant to a written request by the board or its executive director, release of all treatment records.

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

4. Immediate reporting to the board of the name of an impaired licensee who the treating organization believes to be a danger to self or others.

5. Reports to the board, as soon as possible, of 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 an amount of not to exceed twenty dollars from each fee it collects from biennial renewal licenses pursuant to section 32-1925 for the operation of the program established by this section.

D. A licensee who is impaired by alcohol or drug abuse may enter into a stipulation order with the board, or the licensee may be placed on probation or be subject to other action as provided by law.
A.R.S. § 32-1396.01 — Arizona Code / Title 32 / Chapter 12 / Article 6 / Section 1396.01
32-1396.01 Display of license
Status: in_force

32-1396.01. Display of license

A crematory shall display its license and the responsible cremationist's license at the crematory to which the license was issued in a location that enables any member of the public who enters the crematory to observe and read the license.
A.R.S. § 32-1645 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1645
32-1645 Licensed nursing assistants; certified nursing assistants; licensed health aides; qualifications
Status: in_force

32-1645. Licensed nursing assistants; certified nursing assistants; licensed health aides; qualifications

A. A person who wishes to practice as a licensed nursing assistant shall file a verified application on a form prescribed by the board and accompanied by the fee required pursuant to section 32-1643. The applicant shall also submit a verified statement that indicates whether the applicant has been convicted of a felony and, if convicted of one or more felonies, indicates the date of absolute discharge from the sentences for all felony convictions. The applicant shall also submit proof satisfactory to the board that the applicant meets all of the following:

1. Satisfactorily completed the basic curriculum of a program approved by the board.

2. Received a valid certificate from a training program approved by the board.

3. Satisfactorily completed a competency examination pursuant to section 32-1647.

B. A person who wishes to practice as a certified nursing assistant shall file a verified form prescribed by the board and authorized by the omnibus budget reconciliation act of 1987 (P.L. 100-123; 101 Stat. 1330), as amended by the medicare catastrophic coverage act of 1988 (P.L. 100-360; 102 Stat. 683). The applicant shall also submit proof satisfactory to the board that the applicant meets all of the following:

1. Satisfactorily completed the basic curriculum of a program approved by the board.

2. Received a valid certificate from a training program approved by the board.

3. Satisfactorily completed the nursing assistant competency examinations pursuant to section 32-1647.

C. A person who wishes to practice as a licensed health aide shall file a verified application on a form prescribed by the board and accompanied by the fee required pursuant to section 32-1643. The applicant may allow the applicant's prospective employer to discuss the application with the board. The applicant shall also submit proof satisfactory to the board that the applicant meets all of the following:

1. Is a parent, guardian or family member of an individual who is under twenty-one years of age and who is eligible to receive continuous skilled nursing or skilled nursing respite care services pursuant to section 36-2939, subsection G.

2. Satisfactorily completed the basic curriculum of and received a valid certificate from a training program approved by the board that includes medication administration, tracheostomy care, enteral care and therapy for persons under twenty-one years of age, and any other tasks approved by the board.

3. Satisfactorily completed a competency examination approved by the board.

D. A person who wishes to practice as a certified nursing assistant or a licensed nursing assistant shall be at least sixteen years of age.
A.R.S. § 32-2137 — Arizona Code / Title 32 / Chapter 20 / Article 2 / Section 2137
32-2137 Cancellation of license
Status: in_force

32-2137. Cancellation of license

On request of a licensee, the department may cancel that person's license if both of the following are true:

1. The licensee is not presently under investigation by the department.

2. The department has not commenced any disciplinary proceeding against the licensee.
A.R.S. § 32-1365.01 — Arizona Code / Title 32 / Chapter 12 / Article 3 / Section 1365.01
32-1365.01 Lawful disposition of dead human body; authorization document; legally competent adults; immunity
Status: in_force

32-1365.01. Lawful disposition of dead human body; authorization document; legally competent adults; immunity

A. A legally competent adult may prepare a written statement directing the cremation or other lawful disposition of the legally competent adult's own remains pursuant to section 36-831. The written statement may but need not be part of the legally competent adult's will.

B. The legally competent adult who is the subject of a document described in subsection A of this section shall sign and date the document. The document shall be notarized or witnessed in writing by at least one adult who affirms that the notary or witness was present when the legally competent adult signed and dated the document and that the legally competent adult appeared to be of sound mind and free from duress at the time of execution of the document.

C. A document that conforms to this section authorizes a crematory, cemetery, alkaline hydrolysis facility or funeral establishment to carry out the wishes of the legally competent adult who is the subject of the document. It is not necessary for a crematory, cemetery, alkaline hydrolysis facility or funeral establishment to obtain the consent or concurrence of any other person when it cremates or otherwise provides for the lawful disposition of a dead human body pursuant to instructions contained in a document that conforms to this section.

D. This section does not mandate that a crematory, cemetery, alkaline hydrolysis facility or funeral establishment cremate or otherwise provide for the lawful disposition of a dead human body pursuant to the document unless the legally competent adult who executed the document made any financial arrangements necessary to effectuate the legally competent adult's wishes as expressed in the document.

E. A crematory, cemetery, alkaline hydrolysis facility or funeral establishment that cremates or otherwise provides for the lawful disposition of a dead human body in good faith reliance on an apparently genuine document executed pursuant to this section is immune from criminal and civil liability and is not subject to professional discipline. The decision of a crematory, cemetery, alkaline hydrolysis facility or funeral establishment to cremate or otherwise provide for the lawful disposition of a dead human body in reliance on a document executed pursuant to this section is presumed to be made in good faith.
A.R.S. § 32-3280 — Arizona Code / Title 32 / Chapter 33 / Article 3 / Section 3280
32-3280 Fingerprinting
Status: in_force

32-3280. Fingerprinting

A. An applicant for licensure under this article other than for a temporary license must submit a full set of fingerprints to the board, at the applicant's own expense, 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. The board shall waive the records check required in subsection A of this section for an applicant who provides evidence acceptable to the board that the applicant holds a valid fingerprint clearance card issued by the department of public safety.
A.R.S. § 32-3401 — Arizona Code / Title 32 / Chapter 34 / Article 1 / Section 3401
32-3401 Definitions
Status: in_force

32-3401. Definitions

In this chapter, unless the context otherwise requires:

1. "Board" means the board of occupational therapy examiners.

2. "Consultation" means the act or procedure of exchanging ideas or information or providing professional advice to another professional or responsible party regarding the provision of occupational therapy services.

3. "Evaluation" means an occupational therapist's assessment of treatment needs within the scope of practice of occupational therapy. Evaluation does not include making a medical diagnosis.

4. "Letter of concern" means a nondisciplinary advisory letter to notify a licensee that, while there is insufficient evidence to support disciplinary action, the licensee should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the board may result in future action against the licensee's license.

5. "Occupational therapist" means a person who is licensed pursuant to this chapter to practice occupational therapy and who is a graduate of an accredited occupational therapy education program, completes the approved fieldwork and passes the examination as required by the board pursuant to section 32-3424.

6. "Occupational therapy" means the use of therapeutic activities or modalities to promote engagement in activities with individuals who are limited by physical or cognitive injury or illness, psychosocial dysfunction, developmental or learning disabilities, sensory processing or modulation deficits or the aging process in order to achieve optimum functional performance, maximize independence, prevent disability and maintain health. Occupational therapy includes evaluation, treatment and consultation based on the client's temporal, spiritual and cultural values and needs.

7. "Occupational therapy assistant" means a person who is licensed pursuant to this chapter, who is a graduate of an accredited occupational therapy assistant education program, who assists in the practice of occupational therapy and who performs delegated procedures commensurate with the person's education and training.

8. "Occupational therapy services" includes the following:

(a) Developing an intervention and training plan that is based on the occupational therapist's evaluation of the client's occupational history and experiences, including the client's daily living activities, development, activity demands, values and needs.

(b) Evaluating and facilitating developmental, perceptual-motor, communication, neuromuscular and sensory processing function, psychosocial skills and systemic functioning, including wound, lymphatic and cardiac functioning.

(c) Enhancing functional achievement, prevocational skills and work capabilities through the use of therapeutic activities and modalities that are based on anatomy, physiology and kinesiology, growth and development, disabilities, technology and analysis of human behavioral and occupational performance.

(d) Evaluating, designing, fabricating and training the individual in the use of selective orthotics, prosthetics, adaptive devices, assistive technology and durable medical equipment as appropriate.

(e) Administering and interpreting standardized and nonstandardized tests that are performed within the practice of occupational therapy, including manual muscle, sensory processing, range of motion, cognition, developmental and psychosocial tests.

(f) Assessing and adapting environments for individuals with disabilities or who are at risk for dysfunction.

9. "Supervision" means the giving of instructions by the supervising occupational therapist or the occupational therapy assistant that are adequate to ensure the safety of clients during the provision of occupational therapy services and that take into consideration at least the following factors:

(a) Skill level.

(b) Competency.

(c) Experience.

(d) Work setting demands.

(e) Client population.

10. "Unprofessional conduct" includes the following:

(a) Habitual intemperance in the use of alcohol.

(b) Habitual use of narcotic or hypnotic drugs.

(c) Gross incompetence, repeated incompetence or incompetence resulting in injury to a client.

(d) Having professional connection with or lending the name of the licensee to an unlicensed occupational therapist.

(e) Practicing or offering to practice occupational therapy beyond the scope of the practice of occupational therapy.

(f) Obtaining or attempting to obtain a license by fraud or misrepresentation or assisting a person to obtain or to attempt to obtain a license by fraud or misrepresentation.

(g) Failing to provide supervision according to this chapter and rules adopted pursuant to this chapter.

(h) Making misleading, deceptive, untrue or fraudulent representations in violation of this chapter.

(i) Having been adjudged mentally incompetent by a court of competent jurisdiction.

(j) Knowingly aiding a person who is not licensed in this state and who directly or indirectly performs activities requiring a license.

(k) Failing to report to the board any act or omission of a licensee or applicant or of any other person who violates this chapter.

(l) Engaging in the performance of substandard care by a licensee due to a deliberate or negligent act or failure to act, regardless of whether actual injury to the person receiving occupational therapy services is established.

(m) Failing to refer a client whose condition is beyond the training or ability of the occupational therapist to another professional qualified to provide such service.

(n) Censure of a licensee or refusal, revocation, suspension or restriction of a license to practice occupational therapy by any other state, territory, district or country, unless the applicant or licensee can demonstrate that the disciplinary action is not related to the ability to safely and skillfully practice occupational therapy or to any act of unprofessional conduct prescribed in this paragraph.

(o) Any conduct or practice that violates recognized standards of ethics of the occupational therapy profession, any conduct or practice that does or might constitute a danger to the health, welfare or safety of the client or the public or any conduct, practice or condition that does or might impair the licensee's ability to safely and skillfully practice occupational therapy.

(p) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate this chapter.

(q) Falsely claiming to have performed a professional service, billing for a service not rendered or charging or collecting an excessive fee for services not performed.

(r) Sexually inappropriate conduct with a client. For the purposes of this subdivision, "sexually inappropriate conduct" includes:

(i) Engaging in or soliciting a sexual relationship, whether consensual or nonconsensual, with a current client or with a former client within three months after termination of occupational therapy services.

(ii) Making sexual advances, requesting sexual favors or engaging in other verbal conduct or inappropriate physical contact of a sexual nature with a person treated by an occupational therapist or occupational therapy assistant.

(iii) Intentionally viewing a completely or partially disrobed client in the course of treatment if the viewing is not related to treatment under current practice standards.

(s) Knowingly making a false or misleading statement to the board on a license application or renewal form required by the board or any other verbal or written communications directed to the board or its staff.

(t) Conviction of a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude.  In either case conviction by a court of competent jurisdiction is conclusive evidence of the commission and the board may take disciplinary action after the time for appeal has lapsed, when judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order.  For the purposes of this subdivision, "conviction" means a plea or verdict of guilty or a conviction following a plea of nolo contendere.

(u) Violating any federal law, state law, rule or regulation directly related to the practice of occupational therapy.

(v) Engaging in false advertising of occupational therapy services.

(w) Engaging in the assault or battery of a client.

(x) Falsifying client documents or reports.

(y) Failing to document or maintain client treatment records or failing to prepare client reports within thirty days of service or treatment.

(z) Failing to renew a license while continuing to practice occupational therapy.

(aa) Signing a blank, undated or unprepared prescription form.

(bb) Entering into a financial relationship other than a normal billing process that leads to embezzlement or violates recognized ethical standards.

(cc) Failing to maintain client confidentiality without written consent of the client or unless otherwise required by law.

(dd) Promoting or providing treatment, intervention or a device or service that is unwarranted for the condition of the client beyond the point of reasonable benefit.
A.R.S. § 32-2065; Version 2 — Arizona Code / Title 32 / Chapter 19.1 / Article 1 / Section 2065; Version 2
32-2065; Version 2 Board of psychologist examiners fund; separate behavior analyst account
Status: in_force

32-2065. Board of psychologist examiners fund; separate behavior analyst account

(L24, Ch. 222, sec. 32.  Eff. 7/1/28)

A. The board of psychologist examiners fund is established.

B. Except as provided in section 32-2081 and section 32-2091.09, subsection I, pursuant to sections 35-146 and 35-147, the board shall deposit ten percent of all monies collected pursuant to this chapter in the state general fund and deposit the remaining ninety percent in the board of psychologist examiners fund.

C. All monies deposited in the board of psychologist examiners fund are subject to section 35-143.01.

D. All monies deposited in the board of psychologist examiners fund pursuant to section 32-2067 and any monies received pursuant to section 32-2063, subsection C for psychologist licensing and regulation must be used only for licensing and regulating psychologists pursuant to this article and articles 2 and 3 of this chapter and may not be used for licensing and regulating behavior analysts pursuant to article 4 of this chapter.

E. All monies deposited in the board of psychologist examiners fund pursuant to article 4 of this chapter and any monies received pursuant to section 32-2063, subsection C for behavior analyst licensing and regulation must be used only for licensing and regulating behavior analysts pursuant to article 4 of this chapter and may not be used for licensing and regulating psychologists pursuant to this article and articles 2 and 3 of this chapter.

F. The board shall establish a separate account in the fund for monies transferred to the fund pursuant to article 4 of this chapter, and any monies received pursuant to section 32-2063, subsection C for behavior analyst licensing and regulation.
A.R.S. § 32-1297.07 — Arizona Code / Title 32 / Chapter 11 / Article 5 / Section 1297.07
32-1297.07 Discipline; procedure
Status: in_force

32-1297.07. Discipline; procedure

A. After a hearing pursuant to title 41, chapter 6, article 10, the board may suspend or revoke the license issued to a person under this article or censure or place on probation any person for any of the causes set forth as grounds for censure, probation, suspension or revocation in section 32-1263.

B. The board on its own motion may investigate any evidence which appears to show the existence of any of the causes set forth in section 32-1263.  The board shall investigate the report under oath of any person which appears to show the existence of any of the causes set forth in section 32-1263.  Any person reporting pursuant to this section who provides the information in good faith shall not be subject to liability for civil damages as a result.

C. 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. § 32-2373 — Arizona Code / Title 32 / Chapter 23 / Article 2 / Section 2373
32-2373 Refusal to issue or renew license of school or agent
Status: in_force

32-2373. Refusal to issue or renew license of school or agent

A. The director may refuse to issue or renew the license for a school or an agent in any case in which the director determines that the licensee or applicant has not complied with, or has knowingly violated, any provision of this chapter or any rule adopted pursuant to this chapter by the director.

B. An applicant or licensee who is aggrieved by the director's decision may make a written request to the department for a hearing within thirty days after service of notice of the refusal. If the applicant or licensee does not request a hearing within thirty days, the decision is final.  If the applicant or licensee requests a hearing, the director shall give written notice to the applicant or licensee to appear at the hearing and show cause why the refusal to issue or renew the license should not be upheld.  After consideration of the evidence presented at the hearing, the director shall serve notice in writing to the applicant or licensee of the director's findings and order.
A.R.S. § 32-141 — Arizona Code / Title 32 / Chapter 1 / Article 3 / Section 141
32-141 Firm registration
Status: in_force

32-141. Firm registration

A. A firm shall not engage in the practice of any board-regulated profession or occupation unless the firm is registered with the board and the professional services are conducted under the full authority and responsible charge of a principal of the firm, who is also a registrant.

B. A person shall file a registration application for each branch office that is located in this state and that is part of a firm registered with the board. The branch office application shall list a designated registrant having full authority and responsible charge of the professional services of that branch office.  The designated registrant in a branch office need not be a principal of the firm.

C. A firm wishing to offer professional services in this state shall file with the board an application for registration on a form that is provided by the board and accompanied by the appropriate application fee as prescribed by the board.  Firms shall also identify responsible registrants by the registrant's registration certificate number. Each firm shall list a description of the services the firm is offering to the public. The board shall be notified in writing within thirty days of any change occurring in the registered principals, any change in the firm's name or address or any change in a branch office address or designated registrant. Except as provided in section 32-4301, a new application shall be filed each year by the firm within thirty days of the anniversary date of the original firm registration.

D. No firm may advertise its availability to perform home inspections by home inspectors certified pursuant to this chapter unless each home inspection is performed by a home inspector certified pursuant to this chapter and each home inspection report is prepared as a result of the inspector's on-site observation.
A.R.S. § 32-3680 — Arizona Code / Title 32 / Chapter 36 / Article 5 / Section 3680
32-3680 Rulemaking authority
Status: in_force

32-3680. Rulemaking authority

The deputy director shall adopt rules that are reasonably necessary to implement, administer and enforce this article, including rules for obtaining copies of appraisals and other documents necessary to audit compliance with this article and rules requiring a surety bond to be posted with each application.
A.R.S. § 32-2242 — Arizona Code / Title 32 / Chapter 21 / Article 4 / Section 2242
32-2242 Application for certification as veterinary technician; qualifications
Status: in_force

32-2242. Application for certification as veterinary technician; qualifications

A. A person desiring to be certified as a veterinary technician shall apply in writing to the board on a form furnished by the board.

B. The applicant shall be at least eighteen years of age and shall furnish satisfactory evidence of graduation from a two-year curriculum in veterinary technology, or the equivalent of such graduation as determined by the board, in a college or other institution approved by the board.

C. The application shall be accompanied by the application and examination fee established by the board.

D. An applicant from another state is not required to retake the veterinary technician national examination if the applicant can provide all of the following:

1. Proof that the applicant's original score meets the minimum score required by the board.

2. Proof that the applicant holds an active license in good standing in another state or in Canada.

3. Proof of employment as a veterinary technician in two of the preceding four years or four of the preceding seven years.
A.R.S. § 32-4126 — Arizona Code / Title 32 / Chapter 41 / Article 2 / Section 4126
32-4126 Fees
Status: in_force

32-4126. Fees

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

1. For an application for an original license, three hundred fifty dollars.

2. For a certificate of renewal of a license, two hundred fifty dollars.

3. For an application for reinstatement of a license, three hundred fifty dollars.

4. For each duplicate license, fifty dollars.

5. For copying records, documents, letters, minutes, applications and files, twenty-five cents a page.

B. The board shall charge additional fees for services not required to be provided by this chapter but that the board determines are necessary and appropriate to carry out this chapter.  The fees shall not exceed the actual cost of providing these services.
A.R.S. § 32-3313 — Arizona Code / Title 32 / Chapter 33 / Article 7 / Section 3313
32-3313 Licensed associate marriage and family therapist; licensure; requirements; supervision
Status: in_force

32-3313. Licensed associate marriage and family therapist; licensure; requirements; supervision

A. A person who wishes to be licensed by the board to engage in the practice of marriage and family therapy as a licensed associate marriage and family therapist shall satisfy the requirements of section 32-3311, subsection A, paragraphs 1 and 3 and subsection B.

B. A licensed associate marriage and family therapist shall only practice under direct supervision as prescribed by the board.
A.R.S. § 32-1935 — Arizona Code / Title 32 / Chapter 18 / Article 2 / Section 1935
32-1935 Approval of schools and colleges of pharmacy
Status: in_force

32-1935. Approval of schools and colleges of pharmacy

The board of pharmacy shall adopt and promulgate standards and requirements for approval of schools and colleges of pharmacy.
A.R.S. § 32-1728 — Arizona Code / Title 32 / Chapter 16 / Article 2 / Section 1728
32-1728 Pharmaceutical agents; certification; use; course of study
Status: in_force

32-1728. Pharmaceutical agents; certification; use; course of study

A. A licensee initially licensed after the effective date of the amendment to this section, a licensee licensed by endorsement after the effective date of the amendment to this section or a licensee who passed an examination conducted by the board for the use of oral pharmaceutical agents before the effective date of the amendment to this section may prescribe, dispense and administer a pharmaceutical agent subject to the limitations provided in this chapter.

B. The board may reissue a certificate for renewal for the use of pharmaceutical agents for topical diagnostic or topical therapeutic pharmaceutical agents, or both, to a person who holds an existing certificate issued on or before the effective date of the amendment to this section and who pays the certificate of special qualification fee prescribed in section 32-1727. The certificate may specify the following:

1. Use of no drugs.

2. Use of topical diagnostic agents.

3. Use of topical diagnostic and therapeutic agents.

C. The board may issue a certificate of special qualification to practice optometry without the use of pharmaceutical agents to a person who holds a current license as of July 1, 2000 and who pays the certificate of special qualification fee prescribed in section 32-1727.

D. The board shall adopt a course of study for certification to use oral pharmaceuticals after consultation with colleges of optometry accredited by a nationally accepted accrediting body on optometric education and with the college of pharmacy at the university of Arizona.  The board shall design and implement the course in a manner that requires a licensee who wishes to have the privilege of dispensing, prescribing and administering topical and oral pharmaceutical agents pursuant to this chapter meet the contemporary educational requirements related to pharmaceuticals authorized for licensees pursuant to this chapter at colleges of optometry in the United States and to demonstrate competence in dispensing, prescribing and administering those topical or oral pharmaceutical agents by passing examinations in those areas commensurate with doctoral candidates in colleges of optometry in the United States. The course of study shall teach and certify competence in the prescription and administration of topical or oral pharmaceutical agents pursuant to this chapter.  The board shall adopt the course of study and completion requirements to reflect the current course of study and demonstrated competence level of pharmacy programs in colleges of optometry in the United States.  The board may offer a course and examination that otherwise meets the requirements of this subsection and that is limited to oral pharmaceuticals for licensees who hold a valid diagnostic and therapeutic topical pharmaceutical permit issued pursuant to subsection A of this section.

E. The board shall adopt a uniform prescription form for use by all licensees who have the privilege to prescribe, dispense and administer topical pharmaceuticals or oral pharmaceuticals.  The prescription form shall indicate the prescribing authority of the licensees and whether the authority includes oral pharmaceuticals, topical pharmaceuticals or both oral pharmaceuticals and topical pharmaceuticals.  The form shall include the name, address, telephone number, fax number and professional license number of the licensee.

F. Annually on or before January 1 the state board of optometry shall mail to the Arizona state board of pharmacy the list of all licensees who have been certified to prescribe, dispense and administer either oral pharmaceuticals or topical pharmaceuticals, or both.  Within thirty days of any additional certification by the state board of optometry, the state board of optometry shall provide updated lists to the Arizona state board of pharmacy.  At the same time the state board of optometry shall send the list to each licensed pharmacy in Arizona, excluding hospital pharmacies, long-term care pharmacies and infusion pharmacies.
A.R.S. § 32-1157 — Arizona Code / Title 32 / Chapter 10 / Article 3 / Section 1157
32-1157 Appeals; costs; transcript
Status: in_force

32-1157. Appeals; costs; transcript

A. Except as provided in section 41-1092.08, subsection H, a final decision of the registrar may be appealed to the superior court pursuant to title 12, chapter 7, article 6.

B. The party who is appealing may request in writing and shall receive from the registrar a certified copy of all documents and evidence in the administrative record.  The party shall pay the registrar for the cost of producing the administrative record.  Within thirty days after receipt of the request and payment, the registrar shall certify the administrative record and file it with the clerk of the superior court in the county in which the appeal is pending.

C. By order of the court or by stipulation of the parties to the action, the record may be shortened or supplemented.

D. If the appeal is from an action instituted by the registrar and the court determines that the appellant is the successful party in the appeal, the appealing party is entitled to recover from the registrar any monies paid by the appealing party for transcriptions or for copies of documents provided by the registrar.
A.R.S. § 32-3619 — Arizona Code / Title 32 / Chapter 36 / Article 2 / Section 3619
32-3619 Renewal of license or certificate; fees
Status: in_force

32-3619. Renewal of license or certificate; fees

A. Except as otherwise provided in this section and in section 32-4301, to renew a registration certificate as a registered trainee appraiser or a license or certificate as a state-licensed or state-certified appraiser, the holder of a current, valid license or certificate shall apply and pay the prescribed fee to the deputy director not earlier than ninety days before the license or certificate expires. With the application for renewal, the registered trainee appraiser or the state-licensed or state-certified appraiser shall present evidence in the form prescribed by the deputy director of having completed the continuing education requirements for renewal specified in section 32-3625.

B. The deputy director may accept a renewal application after the expiration date and within ninety days of the date of expiration but shall assess a delinquent renewal fee in addition to the renewal fee.

C. An appraiser or registered trainee appraiser who fails to seek renewal within the time period specified in subsection A or B of this section must reapply for licensure or certification and meet all of the requirements of this chapter.

D. An appraiser or registered trainee appraiser shall not engage in, advertise or purport to engage in real estate appraisal activity in this state after a license or certificate has expired and before the renewal of the expired license or certificate except as provided in section 41-1092.11.
A.R.S. § 32-2904 — Arizona Code / Title 32 / Chapter 29 / Article 1 / Section 2904
32-2904 Powers and duties
Status: in_force

32-2904. Powers and duties

A. The board shall:

1. Conduct all examinations for applicants for a license under this chapter, issue licenses, conduct hearings, regulate the conduct of licensees and administer and enforce this chapter.

2. Enforce the standards of practice prescribed by this chapter and board rules.

3. Collect and account for all fees under this chapter and deposit, pursuant to sections 35-146 and 35-147, the monies in the appropriate fund.

4. Maintain a record of its acts and proceedings, including the refusal to issue a license or the issuance, renewal, suspension or revocation of licenses to practice according to this chapter.

5. Maintain a roster of all persons who are licensed pursuant to this chapter that includes:

(a) The licensee's name.

(b) The current professional office address.

(c) The date and number of the license issued under this chapter.

(d) Whether the licensee is in good standing.

6. Adopt and use a seal, the imprint of which is evidence of the board's official acts.

7. Contract with the department of administration for administrative and recordkeeping services.

8. Charge additional fees that do not exceed the cost of the services for services the board deems necessary to carry out its intent and purposes.

9. Adopt rules regarding the regulation and the qualifications of medical assistants.

10. Keep board records open to public inspection during normal business hours.

11. Meet each January with the acupuncture board of examiners to set financial compensation for staff and operating expense sharing.

B. The board may:

1. Adopt rules necessary or proper to administer this chapter.

2. Subject to title 41, chapter 4, article 4, hire personnel to carry out the purposes of this chapter.

3. Hire investigators subject to title 41, chapter 4, article 4 or contract with investigators to assist in investigating violations of this chapter and contract with other state agencies if required to carry out this chapter.

4. Appoint one of its members to the jurisdiction arbitration panel pursuant to section 32-2907, subsection B.

5. Subject to title 41, chapter 4, article 4, employ consultants to perform duties the board determines are necessary to implement this chapter.

6. Compile and publish an annual directory.

7. Adopt rules to establish competency or professional review standards for any minor surgical procedure.

8. Appoint two or more board members to a subcommittee that reviews and approves applications and issues permits pertaining to homeopathic medical assistants and associated practical educational programs, pursuant to board rules.

9. Appoint two or more board members to a subcommittee that reviews and approves applications and issues permits pertaining to drugs and device dispensing practices, pursuant to board rules.
A.R.S. § 32-802 — Arizona Code / Title 32 / Chapter 7 / Article 1 / Section 802
32-802 State board of podiatry examiners; compensation; employees; immunity
Status: in_force

32-802. State board of podiatry examiners; compensation; employees; immunity

A. The state board of podiatry examiners is established consisting of five members who are appointed by the governor. Each member shall be appointed for a term of five years, to begin and end on February 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. Three members of the board shall have practiced podiatry continuously in this state for not less than two years immediately preceding appointment and shall have valid licenses to practice podiatry.  Two members of the board shall be lay persons. All members of the board shall be citizens of the United States.

D. A vacancy on the board occurring other than by the expiration of a term shall be filled by appointment by the governor for the unexpired term.

E. All appointments shall be made promptly, and in the case of the vacancy of a professional member or members, appointment shall be made no later than ninety days from the expiration of the term or vacancy.

F. The term of any member, at the discretion of the board, may end and the office be declared vacant for the member's failure to attend three consecutive meetings of the board.

G. Members of the board shall receive compensation of fifty dollars for each day of actual service in the business of the board.

H. Subject to title 41, chapter 4, article 4, the board may employ personnel, including trained investigators, as it deems necessary to carry out the purposes of this chapter.

I. Members and personnel of the board are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter.
A.R.S. § 32-2507 — Arizona Code / Title 32 / Chapter 25 / Article 1 / Section 2507
32-2507 Licensee profiles; civil penalty
Status: in_force

32-2507. Licensee profiles; civil penalty

A. The board shall make available to the public a profile of each licensee. The board shall make this information available through an internet website and, if requested, in writing.  The profile shall contain the following information:

1. A description of any conviction of a felony or a misdemeanor involving moral turpitude within the last five years.  For the purposes of this paragraph, a licensee is deemed to be convicted of a crime if the licensee pled guilty or was found guilty by a court of competent jurisdiction.

2. A description of any felony charges or misdemeanor charges involving moral turpitude within the last five years to which the licensee pled no contest.

3. The number of pending complaints and final board disciplinary and nondisciplinary actions within the last five years. Information concerning pending complaints shall contain the following statement:

Pending complaints represent unproven allegations. On investigation, many complaints are found to be without merit and are dismissed.

4. All medical malpractice court judgments and all medical malpractice awards or settlements in which a payment is made to a complaining party within the last five years.  Information concerning malpractice actions shall contain the following statement:

The settlement of a medical malpractice action may occur for a variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the physician assistant. A payment in settlement of a medical malpractice action does not create a presumption that medical malpractice occurred.

5. The name and location of the licensee's training and the date of graduation.

6. The licensee's primary practice location.

B. Each licensee shall submit the information required pursuant to subsection A of this section as directed by the board. An applicant for licensure shall submit this information at the time of application.  The applicant and licensee shall submit the information on a form prescribed by the board. A licensee shall submit immediately any changes in information required pursuant to subsection A, paragraphs 1, 2 and 4 of this section.  The board shall update immediately its internet website to reflect changes in information relating to subsection A, paragraphs 1, 2, 3 and 4 of this section.  The board shall update the internet website information after receipt of the renewal application pursuant to section 32-2523.

C. The board shall provide each licensee with a copy of the licensee's profile and give the licensee reasonable time to correct the profile before it is available to the public.

D. It is an act of unprofessional conduct for a licensee to provide erroneous information pursuant to this section. In addition to other disciplinary action, the board may impose a civil penalty of not more than one thousand dollars for each erroneous statement.
A.R.S. § 32-1936 — Arizona Code / Title 32 / Chapter 18 / Article 2 / Section 1936
32-1936 Mandatory continuing professional pharmacy education
Status: in_force

32-1936. Mandatory continuing professional pharmacy education

A. All pharmacists licensed in this state shall satisfactorily complete approved courses of continuing professional pharmacy education or continue their education by other means in accordance with rules adopted by the board before renewing a license.

B. The board by rule shall establish the form and content of courses for continuing professional pharmacy education and the number of hours required for renewal of a license.
A.R.S. § 32-1326 — Arizona Code / Title 32 / Chapter 12 / Article 2 / Section 1326
32-1326 Embalmers and funeral directors; temporary licenses
Status: in_force

32-1326. Embalmers and funeral directors; temporary licenses

The department may issue a temporary embalmer or funeral director license to a person who is not licensed in this state in cases of emergency or public disaster or for educational purposes if the person holds an active license in good standing issued by the funeral services licensing authority of another jurisdiction. The department shall issue a license under this section only for the category of licensure for which the person holds an active license issued by another jurisdiction.  A temporary license issued under this section is valid for thirty days.  The department may renew a temporary license once for a period of thirty or fewer days.
A.R.S. § 32-1663.01 — Arizona Code / Title 32 / Chapter 15 / Article 3 / Section 1663.01
32-1663.01 Administrative violations; administrative penalty
Status: in_force

32-1663.01. Administrative violations; administrative penalty

A. The board may sanction any of the following as an administrative violation rather than as unprofessional conduct and may impose an administrative penalty of not more than one thousand dollars for any of the following:

1. Failing to timely renew a nursing license or licensed nursing assistant license while continuing to practice nursing or engage in activities or duties regulated by this chapter.

2. Failing to notify the board in writing within thirty days after a change in address.

3. Failing to renew nursing, licensed nursing assistant or certified nursing assistant program approval and continuing to operate the program.

4. If the board adopts a substantive policy statement pursuant to section 41-1091, practicing nursing without a license.

B. A regulated party who fails to pay an administrative penalty as prescribed by this section or to establish a schedule for payment as prescribed pursuant to section 32-1606, subsection A, paragraph 6 within thirty days after notification commits an act of unprofessional conduct and is subject to disciplinary action.

C. The board shall deposit, pursuant to sections 35-146 and 35-147, all monies collected under this section in the state general fund.
A.R.S. § 32-2214 — Arizona Code / Title 32 / Chapter 21 / Article 2 / Section 2214
32-2214 Examination of applicants; confidentiality
Status: in_force

32-2214. Examination of applicants; confidentiality

A. All applicants for a veterinary license, not including a veterinary faculty member license, shall take an examination that consists of the following:

1. A state examination approved by the board.

2. The North American veterinary licensing examination.

B. The state examination shall be both:

1. Held in January and June of each year unless otherwise provided by the board.

2. Conducted so that the members of the board do not know the name of the applicant until the judging or grading is officially completed.

C. A grade of at least seventy-five percent is required to successfully pass the North American veterinary licensing examination. A grade of at least seventy-five percent is required to successfully pass the state examination. The scores of the North American veterinary licensing examination and the state examination shall not be averaged. National board scores that are received from either the national examination committee or the North American veterinary licensing examination committee from another state may be accepted for part of an applicant's passing score.

D. An applicant's score that was received within the preceding five years and that is on record at the national examination service or the North American veterinary licensing examination committee shall be verified through either the national examination service or the North American veterinary licensing examination committee, unless the applicant is applying for a license by endorsement or a specialty license under section 32-2215, subsection C or D, in which case the applicant's score shall be transcribed and received by the board.

E. All examination materials, records of examination grading and performance and transcripts of educational institutions concerning applicants or licensees are confidential and not public records.
A.R.S. § 32-747 — Arizona Code / Title 32 / Chapter 6 / Article 3 / Section 747
32-747 CPA designation; title; use; unlawful use
Status: in_force

32-747. CPA designation; title; use; unlawful use

A. A registrant or an individual or firm that qualifies for the limited reciprocity privilege under section 32-725 shall be known as a certified public accountant or certified public accounting firm and may use the CPA designation with the exact name as registered with the board unless the status of the registrant, individual or firm is canceled, expired, suspended, relinquished or revoked.

B. An individual or firm when referring to accounting or accounting practices shall not assume or use the CPA designation unless the individual or firm is qualified pursuant to subsection A of this section.

C. This section does not apply to or affect or limit the right to continuous use of a firm name, or a modification of a firm name, by successor firms formed by the remaining owner or owners or added owner or owners even though the individuals whose names are included in the firm name are not owners, but the successor firm shall conform to all other provisions of this chapter. This section does not apply to or affect or limit the right to continuous use of a professional corporation's name as provided pursuant to this chapter or title 10, chapter 20 or a professional limited liability company's name pursuant to this chapter or title 29.

D. The displaying or uttering by a registrant or an individual or firm that qualifies for the limited reciprocity privilege under section 32-725 of any card, sign, advertisement or other printed, engraved or written instrument or device bearing a name and intended to be confused with the CPA designation is prima facie evidence in a prosecution, proceeding or hearing brought under this section that the registrant, individual or firm so displayed caused or procured the displaying or uttering of the card, sign, advertisement or other printed, engraved or written instrument or device.

E. A firm may not refer to itself as a CPA firm unless it has a simple majority of the ownership, in terms of direct and indirect financial interests and voting rights, that belongs to holders in good standing of certificates or licenses as certified public accountants in any jurisdiction.
A.R.S. § 32-2174 — Arizona Code / Title 32 / Chapter 20 / Article 3.1 / Section 2174
32-2174 Property management accounts; trust accounts; signatories
Status: in_force

32-2174. Property management accounts; trust accounts; signatories

A. All property management accounts shall be designated as trust accounts on the broker's records.

B. A broker's trust account is required for all of the owner's monies, except if the owner directs the broker to deposit the monies directly into the owner's account. The broker shall not have access to the owner's account. Trust accounts may be interest bearing.

C. The designated broker for a property management firm may authorize either a licensee or an unlicensed natural person in the direct employ of the broker to transfer monies or to be a signatory on the property management firm's trust accounts. If the person who is designated to sign on behalf of the designated property management broker is an unlicensed person, that person shall be a bona fide officer, member, principal or employee of the property management firm. The broker may require dual signatures on checks and may use a facsimile signature according to the broker's business policies and procedures. The designation of a licensed or unlicensed person to transfer monies or to be a signatory on trust accounts does not lessen the broker's responsibility or liability for any monies handled.

D. Within three banking days after receiving monies that are not subject to dispute or contingency, the property management firm shall deposit the monies in either the owner's direct account or the property management firm's trust account for the benefit of the owner. A property management firm may remit an owner's monies under its control to or for the owner by any lawful means available.

E. Each rental agreement executed by a property manager shall include a provision that clearly states the disposition of any tenant deposits.
A.R.S. § 32-3243 — Arizona Code / Title 32 / Chapter 32 / Article 3 / Section 3243
32-3243 Participation in compact as condition of employment; prohibition
Status: in_force

32-3243. Participation in compact as condition of employment; prohibition

(Conditionally Rpld.)

An employer may not require a physician to seek licensure through the medical licensure compact enacted by section 32-3241 as a condition of initial or continued employment as an allopathic or osteopathic physician in this state.  An employer may require that a physician obtain and maintain a license to practice allopathic or osteopathic medicine in multiple states, if the physician is free to obtain and maintain the licenses by any means authorized by the laws of the respective states.
A.R.S. § 32-3675 — Arizona Code / Title 32 / Chapter 36 / Article 5 / Section 3675
32-3675 Payment
Status: in_force

32-3675. Payment

Except in cases of breach of contract or substandard performance of services, each appraisal management company shall make payment to an independent appraiser for the completion of an appraisal or valuation assignment within forty-five days after the date on which the independent appraiser transmits or otherwise provides the completed appraisal or valuation study to the appraisal management company or its assignee.
A.R.S. § 32-1134 — Arizona Code / Title 32 / Chapter 10 / Article 2.1 / Section 1134
32-1134 Powers and duties of registrar
Status: in_force

32-1134. Powers and duties of registrar

A. The registrar shall:

1. Establish assessments and maintain the fund balance at a level sufficient to pay operating costs and anticipated claims using the cash basis of accounting.

2. Cause an examination of the fund to be made every three years by an independent certified public accountant.

3. File with the department of insurance and financial institutions an annual statement of the condition of the fund.

4. Employ accountants and attorneys from monies in the fund, but not to exceed $10,000 in any fiscal year, that are necessary for the performance of the duties prescribed in this section.

5. Employ or contract with individuals and procure equipment and operational support, to be paid from or purchased with monies in the fund, but not to exceed in any fiscal year fourteen percent of the total amount deposited in the fund in the prior fiscal year as may be necessary to monitor, process or oppose claims filed by claimants, which may result in collection from the recovery fund.

B. Notwithstanding section 32-1135, the registrar may expend interest monies from the fund to increase public awareness of the fund. This expenditure may not exceed $50,000 in any fiscal year.
A.R.S. § 32-3430 — Arizona Code / Title 32 / Chapter 34 / Article 2 / Section 3430
32-3430 Fingerprinting; requirement
Status: in_force

32-3430. Fingerprinting; requirement

A. Beginning January 1, 2022, an applicant for original licensure, license renewal, license reinstatement or a limited license pursuant to this chapter shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.

B. This section does not affect the board's authority to otherwise issue, deny, cancel, terminate, suspend or revoke a license or a limited license.
A.R.S. § 32-1505 — Arizona Code / Title 32 / Chapter 14 / Article 1 / Section 1505
32-1505 Naturopathic physicians medical board fund
Status: in_force

32-1505. Naturopathic physicians medical board fund

(L24, Ch. 222, sec. 17.  Eff. until 7/1/28)

A. The naturopathic physicians medical board fund is established.  The board shall administer the fund. Pursuant to sections 35-146 and 35-147, the board shall deposit fifteen percent of all monies from whatever source that come into the possession of the board in the state general fund and deposit the remaining eighty-five percent in the naturopathic physicians medical board fund.

B. Monies deposited in the naturopathic physicians medical board fund are subject to section 35-143.01.
A.R.S. § 32-2091.10 — Arizona Code / Title 32 / Chapter 19.1 / Article 4 / Section 2091.10
32-2091.10 Right to examine and copy evidence; subpoenas; right to counsel; confidentiality
Status: in_force

32-2091.10. Right to examine and copy evidence; subpoenas; right to counsel; confidentiality

A. In connection with an investigation conducted pursuant to this article, at all reasonable times the board and its authorized agents may examine and copy documents, reports, records and other physical evidence wherever located relating to the licensee's professional competence, unprofessional conduct or mental or physical ability to safely practice behavior analysis.

B. The board and its authorized agents may issue subpoenas to compel the attendance and testimony of witnesses and the production of documents and other physical evidence as prescribed in subsection A.  The board may petition the superior court to enforce a subpoena.

C. Within five days of receiving a subpoena, a person may petition the board to revoke, limit or modify the subpoena.  The board shall take this action if it determines that the evidence demanded is not relevant to the investigation.  The person may petition the superior court for this relief without first petitioning the board.

D. A person appearing before the board or its authorized agents may be represented by an attorney.

E. Documents associated with an investigation are not open to the public and shall remain confidential.  Documents may not be released without a court order compelling their production.

F. This section or any other provision of law making communications between a behavior analyst and client privileged does not apply to an investigation conducted pursuant to this article.  The board, its employees and its agents shall keep in confidence the names of clients whose records are reviewed during an investigation.
A.R.S. § 32-1151.01 — Arizona Code / Title 32 / Chapter 10 / Article 3 / Section 1151.01
32-1151.01 Change in ownership; notice to registrar
Status: in_force

32-1151.01. Change in ownership; notice to registrar

A corporation, association or other organization that is a licensed contractor shall immediately notify the registrar of any transfer of ownership of twenty-five percent or more of the stock or beneficial interest in the company.
A.R.S. § 32-2164 — Arizona Code / Title 32 / Chapter 20 / Article 3 / Section 2164
32-2164 Unlawful subdivision lot sales
Status: in_force

32-2164. Unlawful subdivision lot sales

It is unlawful for a licensed real estate broker or salesperson to assist a subdivider or agent of such subdivider in the offer, sale or lease of a subdivision lot or parcel in violation of any provision of this chapter or any rule adopted or order issued by the commissioner if the licensee knew or should have known of the violation.
A.R.S. § 32-1561 — Arizona Code / Title 32 / Chapter 14 / Article 3 / Section 1561
32-1561 Internship, clinical fellowship and preceptorship programs; duties; prohibitions
Status: in_force

32-1561. Internship, clinical fellowship and preceptorship programs; duties; prohibitions

A. A person who is a graduate of an approved school with a degree of doctor of naturopathic medicine and who wishes to engage in an internship program, a clinical fellowship or a preceptorship program shall submit an application for certification as prescribed in section 32-1524.

B. If the application submitted pursuant to subsection A of this section is approved by the board, that person may engage in a board approved internship program, clinical fellowship or preceptorship program under the direct supervision of a physician licensed under this chapter or by a physician licensed pursuant to chapter 13, 17 or 29 of this title.

C. The board by rule may prescribe naturopathic medical treatment procedures that a person who is certified under this section may perform under the direct supervision of a physician licensed under this chapter if the board determines that these procedures:

1. May be competently performed by the graduate.

2. Do not exceed the procedures that the supervising physician has been licensed by this state to perform.

D. A person who is certified under this section may do clerical tasks without direct supervision if the tasks do not involve diagnosing or treating a patient's condition.

E. If the supervising physician of a person who is certified under this section withdraws from direct supervision, the certificate to engage in the training program held by that person is automatically canceled.

F. A person who is certified under this section shall not employ that person's supervising physician and shall not have any financial interest in any business owned by that person's supervising physician.
A.R.S. § 32-2183.06 — Arizona Code / Title 32 / Chapter 20 / Article 4 / Section 2183.06
32-2183.06 Restricted air space disclosure; residential property
Status: in_force

32-2183.06. Restricted air space disclosure; residential property

A. Any public report that is issued after December 31, 2006 pursuant to section 32-2183 or 32-2195.03 and that is applicable to property located under restricted air space, as delineated in the restricted air space map prepared by the state land department pursuant to section 37-102, shall include the following statements:

1. The property is located under restricted air space.

2. The state land department and the state real estate department maintain restricted air space maps available to the public.

3. The restricted air space map is posted on the state real estate department's web site.

B. The public report prescribed by subsection A of this section may contain a disclaimer that the subdivider has no control over the restricted air space as delineated in the restricted air space map or the timing or frequency of flights and associated levels of noise.

C. For any lot reservation or conditional sale that occurs before the issuance of a public report, the disclosure statements listed in subsection A of this section shall be included within the reservation document or conditional sales contract.

D. This section does not require the amendment or reissuance of any public report issued on or before December 31, 2006 or the amendment or reissuance of any reservation document or conditional sales contract accepted on or before December 31, 2006.

E. Notwithstanding any other law, if the public report complies with subsection A of this section, a subdivider is not liable to any person or governmental entity for any act or failure to act in the disclosure of restricted air space as delineated in the restricted air space map.
A.R.S. § 32-1343 — Arizona Code / Title 32 / Chapter 12 / Article 2.1 / Section 1343
32-1343 Alkaline hydrolysis operators; licensure; application; qualifications; fingerprinting
Status: in_force

32-1343. Alkaline hydrolysis operators; licensure; application; qualifications; fingerprinting

A. An applicant for an alkaline hydrolysis operator license shall submit a completed application on a form prescribed by the department.  The application shall be subscribed under oath and shall be accompanied by the applicable fee pursuant to section 32-1309 and any additional information that the department deems necessary.

B. An applicant for an alkaline hydrolysis operator license shall meet both of the following:

1. Submit a completed fingerprint card and the prescribed fingerprint records check fee to the department of health services to enable the department of health services or the department of public safety to conduct a criminal records check.

2. Meet the educational requirements as prescribed by the department in rule.

C. An applicant for licensure under this section may not have a disqualifying criminal history as determined by the department pursuant to section 41-1093.04.

D. If the department finds that the applicant meets the criteria for an alkaline hydrolysis operator license under this section and under rules adopted by the department, the department shall issue an alkaline hydrolysis operator license. A person does not need to be licensed as an alkaline hydrolysis operator in order to practice as an alkaline hydrolysis operator if the alkaline hydrolysis facility is operated or supervised by a responsible cremationist or another person who is a licensed alkaline hydrolysis operator.
A.R.S. § 32-2197.24 — Arizona Code / Title 32 / Chapter 20 / Article 9 / Section 2197.24
32-2197.24 Applicability of article
Status: in_force

32-2197.24. Applicability of article

A. This article applies to all of the following:

1. A timeshare property located in this state.

2. Timeshare plans with an accommodation or component site in this state if those timeshare plans are sold or offered to be sold to any individual located in this state.

3. Timeshare plans without an accommodation or component site in this state if the timeshare plans are sold or offered to be sold to any individual located in this state.

B. This article does not apply to the following:

1. An exchange program except as provided in subsection C.

2. Timeshare plans consisting of fewer than twelve timeshare interests whether or not an accommodation is located in this state.

3. Timeshare plans the use of which extends over any period of less than three years.

4. Timeshare plans, whether or not an accommodation is located in this state, under which the prospective purchaser’s total financial obligation will be less than one thousand five hundred dollars during the entire term of the timeshare plan.

C. A method, arrangement or procedure that meets the definition of an exchange program pursuant to section 32-2197 shall be regulated as a timeshare plan in accordance with this article if the purchaser's total contractual financial obligation exceeds three thousand dollars for any individual, recurring timeshare period.
A.R.S. § 32-1607 — Arizona Code / Title 32 / Chapter 15 / Article 1 / Section 1607
32-1607 Preceptorship awareness campaign; definitions
Status: in_force

32-1607. Preceptorship awareness campaign; definitions

A. The board shall develop a preceptorship awareness campaign that educates advance practice registered nurse professionals who are licensed pursuant to this chapter on how to become and the benefits of being a preceptor for graduate nursing students.

B. For the purposes of this section:

1. "Graduate student" means an individual who is matriculating at the graduate level at an accredited institution of higher education in this state and who is seeking an advance nursing degree to become licensed as an advance practice registered nurse pursuant to this chapter.

2. "Nursing preceptor" means a nursing professional who is licensed pursuant to this chapter and who maintains an active practice in this state.

3. "Preceptorship":

(a) Means a mentoring experience in which a nursing preceptor provides a program of personalized instruction, training and supervision to a graduate student to enable the student to obtain an advance nursing degree to become licensed as an advance practice registered nurse pursuant to this chapter.

(b) Does not include mentoring for medical services that are prescribed in section 36-2301.01, subsection C, paragraph 1.
A.R.S. § 32-3220 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3220
32-3220 Health professionals; requirements for licensure; prohibition
Status: in_force

32-3220. Health professionals; requirements for licensure; prohibition

A health professional is not required to participate in any public or private third-party reimbursement program as a condition of licensure under this title.
A.R.S. § 32-1426 — Arizona Code / Title 32 / Chapter 13 / Article 2 / Section 1426
32-1426 Licensure by endorsement
Status: in_force

32-1426. Licensure by endorsement

A. An applicant who is licensed in another jurisdiction or whose license under this chapter has been revoked or surrendered or has expired and who meets the applicable requirements prescribed in section 32-1422, 32-1423 or 32-1424, has paid the fees required by this chapter and has filed a completed application found by the board to be true and correct is eligible to be licensed to engage in the practice of medicine in this state through endorsement under any one of the following conditions:

1. The applicant is certified by the national board of medical examiners or its successor entity as having successfully passed all three parts of the United States medical licensing examination or its successor examination.

2. The applicant has successfully passed a written examination that the board determines is equivalent to the United States medical licensing examination and that is administered by any state, territory or district of the United States, a province of Canada or the medical council of Canada.

3. The applicant successfully completed the three-part written federation of state medical boards licensing examination administered by any jurisdiction before January 1, 1985 and obtained a weighted grade average of at least seventy-five on the complete examination. Successful completion of the examination shall be achieved in one sitting.

4. The applicant successfully completed the two component federation licensing examination administered after December 1, 1984 and obtained a scaled score of at least seventy-five on each component within a five-year period.

5. The applicant's score on the United States medical licensing examination was equal to the score required by this state for licensure pursuant to section 32-1425.

6. The applicant successfully completed one of the following combinations of examinations:

(a) Parts one and two of the national board of medical examiners examination, administered either by the national board of medical examiners or the educational commission for foreign medical graduates, with a successful score determined by the national board of medical examiners and passed either step three of the United States medical licensing examination or component two of the federation licensing examination with a scaled score of at least seventy-five.

(b) The federation licensing examination component one examination and the United States medical licensing step three examination with scaled scores of at least seventy-five.

(c) Each of the following:

(i) Part one of the national board of medical examiners licensing examination with a passing grade as determined by the national board of medical examiners or step one of the United States medical licensing examination with a scaled score of at least seventy-five.

(ii) Part two of the national board of medical examiners licensing examination with a passing grade as determined by the national board of medical examiners or step two of the United States medical licensing examination with a scaled score of at least seventy-five.

(iii) Part three of the national board of medical examiners licensing examination with a passing grade as determined by the national board of medical examiners or step three of the United States medical licensing examination with a scaled score of at least seventy-five or component two of the federation licensing examination with a scaled score of at least seventy-five.

B. The board may require an applicant seeking licensure by endorsement based on successful passage of a written examination or combination of examinations, the most recent of which precedes by more than ten years the application for licensure by endorsement in this state, to take and pass a special purpose licensing examination to assist the board in determining the applicant's ability to safely engage in the practice of medicine. The board may also conduct a records review and physical and psychological assessments, if appropriate, and may review practice history to determine the applicant's ability to safely engage in the practice of medicine.
A.R.S. § 32-507 — Arizona Code / Title 32 / Chapter 5 / Article 1 / Section 507
32-507 Fees
Status: in_force

32-507. Fees

A. The board shall establish and collect fees not to exceed the following:

1. Application for initial personal license, a onetime fee of  $100.

2. Application for personal reciprocity or universal license, a onetime fee of  $200.

3. Application for establishment license, including change of ownership, $250.

4. Application for school license and initial inspection fee, including change of ownership and change of location, $1,000.

5. Application for certification of licensure or hours, $30.

6. Personal license renewal, $100 to be paid once every two years pursuant to section 32-517 or 32-535.

7. Personal license delinquent renewal, $150.

8. Establishment license after a change of location, $150.

9. Establishment license renewal, $100.

10. Establishment license delinquent renewal, $150.

11. School license renewal, $500.

12. School license delinquent renewal, $600.

13. Delinquent penalties for each year or portion of a year for which the license was inactive.

14. Computer printouts of names of licensees, up to $.10 per name.

15. Duplicate license, $30.

16. Dishonored checks, $20.

17. Copying charges, $1 per page. For audiotapes, videotapes, computer discs or other mediums used for recording sounds, images or information, $15 per tape, disc or other medium.

18. Board-administered educational classes, $100.

19. Service charges for persons who pay with alternative payment methods, including credit cards, charge cards, debit cards and electronic transfers, not to exceed the cost of the alternative payment method.

20. Eyelash technician registration, an amount to be determined by the board.

21. Eyelash technician registration renewal, an amount to be determined by the board.

22. Eyelash technician registration delinquent renewal, an amount to be determined by the board.

B. The board may charge additional fees for:

1. Documents and publications provided by the board.

2. Services that the board deems appropriate to carry out its intent and purpose.  These additional fees shall not exceed the costs of rendering the services.
A.R.S. § 32-1903 — Arizona Code / Title 32 / Chapter 18 / Article 1 / Section 1903
32-1903 Organization; meetings; quorum; compensation of board; executive director; compensation; powers and duties
Status: in_force

32-1903. Organization; meetings; quorum; compensation of board; executive director; compensation; powers and duties

A. The board shall annually elect a president and a vice-president from among its membership and, subject to title 41, chapter 4, article 4, select an executive director who may or may not be a member of the board.  The executive director shall serve at the pleasure of the board.

B. The president of the board shall preside at all of its meetings.  The vice-president shall act if the president is absent.  A majority of the membership of the board constitutes a quorum.

C. The executive director is the executive officer in charge of the board's office and shall administer this chapter under the direction of the board. The executive director shall make, keep and be in charge of all records and record books required to be kept by the board, including a register of all licensees and registered businesses under this chapter. The executive director shall attend to the correspondence of the board and perform other duties the board requires.  The executive director is eligible to receive compensation as determined pursuant to section 38-611.

D. Any member of the board or the executive director may administer oaths in connection with the duties of the board.  The books, registers and records of the board as made and kept by the executive director or under the executive director's supervision are prima facie evidence of the matter therein recorded in any court of law.  Members of the board are eligible to receive compensation in the amount of two hundred dollars for each day of actual service in the business of the board and reimbursement for all expenses necessarily and properly incurred in attending meetings of or for the board.

E. The executive director may designate the deputy director to sign claims and other documents in the executive director's absence.  If the executive director dies, becomes incapacitated or resigns, the deputy director shall serve as the executive director until the board selects a new executive director.

F. The executive director may cause to be published reports summarizing judgments, decrees, court orders and board action that may have been rendered under this chapter, including the nature of charges and the disposition of the charges. The executive director may disseminate information regarding drugs, devices, poisons or hazardous substances in situations the executive director believes involve imminent danger to health or gross deception of the consumer and report the results of investigations carried out under this chapter.
A.R.S. § 32-2521 — Arizona Code / Title 32 / Chapter 25 / Article 2 / Section 2521
32-2521 Qualifications
Status: in_force

32-2521. Qualifications

A. An applicant for licensure shall:

1. Have graduated from a physician assistants educational program approved by the board.

2. Pass a certifying examination approved by the board.

3. Be physically and mentally able to safely perform health care tasks as a physician assistant.

4. Have a professional record that indicates that the applicant has not committed any act or engaged in any conduct that constitutes grounds for disciplinary action against a licensee pursuant to this chapter. This paragraph does not prevent the board from considering the application of an applicant who was the subject of disciplinary action in another jurisdiction if the applicant's act or conduct was subsequently corrected, monitored and resolved to the satisfaction of that jurisdiction's regulatory board.

5. Not have 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.

6. Not be 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.  If the applicant is under investigation by a regulatory board 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.

7. Not have 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 application of an applicant 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 applicant's license.

8. Have submitted verification of all hospital affiliations and employment for the five years preceding application. Each hospital must verify the applicant's affiliation or employment on the hospital's official letterhead or the electronic equivalent.

B. The board shall require an applicant to have all credentials submitted from the primary source where the document originated, either electronically or by hard copy, except that the board may accept primary-source verified credentials from a credentials verification service approved by the board.

C. The board may make investigations it deems necessary to advise itself with respect to the qualifications of the applicant, including physical examinations, mental evaluations, written competency examinations or any combination of these examinations and evaluations.

D. If the board finds that the applicant committed an act or engaged in conduct that would constitute grounds for disciplinary action in this state, before issuing a license the board must determine to its satisfaction that the act or conduct has been corrected, monitored and resolved.  If the act or conduct has not been resolved, before issuing a license the board must determine to its satisfaction that mitigating circumstances exist that prevent its resolution.

E. If another jurisdiction has taken disciplinary action against an applicant, before issuing a license the board must determine to its satisfaction that the cause for the action was corrected and the matter was resolved. If the other jurisdiction has not resolved the matter, before issuing a license the board must determine to its satisfaction that mitigating circumstances exist that prevent its resolution.

F. The board may delegate to the executive director the authority to deny licenses to applicants who do not meet the requirements of this section.
A.R.S. § 32-2004; Version 2 — Arizona Code / Title 32 / Chapter 19 / Article 1 / Section 2004; Version 2
32-2004; Version 2 Board of physical therapy fund
Status: in_force

32-2004. Board of physical therapy fund

(L24, Ch. 222, sec. 30.  Eff. 7/1/28)

A. The board of physical therapy fund is established. The board shall administer the fund.

B. Except as provided in section 32-2048, pursuant to sections 35-146 and 35-147, the board shall deposit ten percent of all monies collected under this chapter in the state general fund and deposit the remaining ninety percent in the board of physical therapy fund.

C. Monies deposited in the physical therapy fund are subject to section 35-143.01.
A.R.S. § 32-1135 — Arizona Code / Title 32 / Chapter 10 / Article 2.1 / Section 1135
32-1135 Deposit of assessments
Status: in_force

32-1135. Deposit of assessments

The assessments received by the registrar for deposit in the fund shall be held in trust for carrying out the purposes of the fund. On notice from the registrar, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 32-4021 — Arizona Code / Title 32 / Chapter 40 / Article 2 / Section 4021
32-4021 Standard certification qualifications; application
Status: in_force

32-4021. Standard certification qualifications; application

A. An applicant for standard certification as a certified reporter shall apply on approved forms and, at a minimum, 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 32-4022.

4. Possess a high school diploma or general equivalency diploma or a similar document or certificate.

5. Pursuant to rules adopted by the supreme court, demonstrate reasonable proficiency in making verbatim records of trial or judicial or related proceedings.

6. Comply with the laws and rules and orders adopted by the supreme court governing certified reporters in this state.

7. Pay the fees established pursuant to section 32-4008.

8. Submit a full set of fingerprints with the fee prescribed in section 41-1750 to the supreme court for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.

B. If the board is satisfied that an applicant meets the requirements of this section and section 32-4022, the supreme court shall issue a certificate to the applicant.  The board may refuse to issue a certificate if section 32-4024 applies.
A.R.S. § 32-1481 — Arizona Code / Title 32 / Chapter 13 / Article 5 / Section 1481
32-1481 Limitation of liability
Status: in_force

32-1481. Limitation of liability

A. No physician, surgeon, hospital or person who assists a physician, surgeon or hospital in obtaining, preparing, injecting or transfusing blood or its components from one or more human beings to another human being shall be liable on the basis of implied warranty or strict tort liability for any such activity but such person or entity shall be liable for his or its negligent or wilful misconduct.

B. No nonprofit blood bank, tissue bank, donor or entity who donates, obtains, processes or preserves blood or its components from one or more human beings for the purpose of transfusing or transferring blood or its components to another human being shall be liable on the basis of implied warranty or strict tort liability for any such activity but such person or entity shall be liable for his or its negligent or wilful misconduct.
A.R.S. § 32-1743 — Arizona Code / Title 32 / Chapter 16 / Article 3 / Section 1743
32-1743 Grounds for censure, civil penalty, probation, suspension, revocation, denial or renewal of license, certificate or registration
Status: in_force

32-1743. Grounds for censure, civil penalty, probation, suspension, revocation, denial or renewal of license, certificate or registration

A. After notice and a hearing the board in its discretion may censure, impose a civil penalty, prescribe probation, suspend or revoke the license of a doctor of optometry or refuse to issue or renew a license, certificate or registration for any of the following reasons:

1. Being convicted of a felony or any offense involving moral turpitude.

2. Procuring or attempting to procure a license to practice optometry or a certificate to use pharmaceutical agents by fraud, deceit, misrepresentation or knowingly taking advantage of the mistake of another person or agency.

3. Committing conduct likely to deceive or defraud the public.

4. Committing unprofessional conduct.

5. Employing a solicitor to solicit business or soliciting from house to house or person to person.

6. Obtaining a fee or compensation by fraud or misrepresentation.

7. Employing a person to engage in the practice of the profession of optometry who does not hold a license to practice the profession of optometry in this state.

8. Using any device to evade or defeat the provisions of this chapter, such as a profit sharing plan or partnership with a person not licensed to practice the profession of optometry in this state.

9. Committing the practice of the profession of optometry under a false or assumed name.

10. Violating any provision of this chapter or any board order.

11. Violating any of the rules adopted by the board pursuant to this chapter.

12. Violating any statutes, laws or rules regulating the practice of optometry in this state or any other jurisdiction in the United States.

13. Providing any controlled substance or pharmaceutical agent that is not authorized by this chapter or providing any controlled substance or prescription-only drug for other than accepted therapeutic purposes for diagnosis and treatment of conditions of the human eye and its adnexa.

14. Dispensing a schedule II controlled substance that is an opioid.

15. Committing gross malpractice or repeated acts constituting malpractice.

16. Failing to maintain or submit records as required by this chapter.

B. To determine the appropriate disciplinary action pursuant to this section, the board may consider any previous nondisciplinary and disciplinary actions against a licensee.
A.R.S. § 32-3103 — Arizona Code / Title 32 / Chapter 31 / Article 1 / Section 3103
32-3103 Regulation of health professions; legislation; criteria
Status: in_force

32-3103. Regulation of health professions; legislation; criteria

A. Regulation shall not be imposed on any unregulated health profession for the purpose of prohibiting competition, but only for the exclusive purpose of protecting the public interest. All proposed legislation to regulate a health profession for the first time shall be reviewed according to the following criteria. A health profession shall be regulated by this state only if:

1. There is credible evidence that the unregulated practice of that health profession can clearly harm or endanger the public health, safety or welfare and the potential for harm is easily recognizable and not remote or dependent on tenuous argument.

2. The public needs and can reasonably be expected to benefit from an assurance of initial and continuing professional ability.

3. The public cannot be effectively protected by other means in a more cost-beneficial manner.

B. After evaluating the criteria prescribed in subsection A of this section and considering governmental and societal costs and benefits, if the legislature finds that it is necessary to regulate a health profession not previously regulated by law, the legislature shall implement the least restrictive alternative method of regulation to address the specific harm or danger identified, consistent with the public interest and the following:

1. If existing common law and statutory civil actions and criminal prohibitions are not sufficient to eradicate existing harm, the regulation shall provide for stricter civil actions and criminal prohibitions.

2. If a service is being performed for individuals that involves a hazard to the public health, safety or welfare, the regulation shall impose inspection requirements and enable an appropriate state agency to enforce violations by injunctive relief in court.

3. If the threat to the public health, safety or economic well-being is relatively small as a result of the operation of the health profession, the regulation shall implement a system of registration.

4. If the consumer may have a substantial basis for relying on the services of a practitioner, the regulation shall implement a system of certification.

5. If it is apparent that adequate regulation cannot be achieved by means other than licensing, the regulation shall implement a system of licensing.
A.R.S. § 32-2634 — Arizona Code / Title 32 / Chapter 26 / Article 4 / Section 2634
32-2634 Authority; limitations
Status: in_force

32-2634. Authority; limitations

A person employed as a security guard or armed security guard shall not possess the authority of a regularly commissioned police or peace officer. Any duties performed by a security guard or armed security guard shall be performed in the capacity of a private citizen.
A.R.S. § 32-2412 — Arizona Code / Title 32 / Chapter 24 / Article 1 / Section 2412
32-2412 Good cause exceptions for misdemeanor and felony offenses
Status: in_force

32-2412. Good cause exceptions for misdemeanor and felony offenses

A. If a person shows at a hearing to the board's satisfaction that the person is not awaiting trial on or has not been convicted of committing any of the offenses listed in section 41-1758.03, subsection B, the board may grant a good cause exception for the following:

1. A misdemeanor offense if the person completed all terms of sentencing.

2. A felony offense if ten of more years have passed since the person completed all terms of sentencing.

B. Before granting a good cause exception at a hearing the board shall consider all of the following in accordance with board rule:

1. The extent of the person's criminal record.

2. The length of time that has elapsed since the offense was committed.

3. The nature of the offense.

4. Evidence supporting any applicable mitigating circumstances.

5. Evidence supporting the degree to which the person participated in the offense.

6. Evidence supporting the extent of the person's rehabilitation, including:

(a) Completion of probation, parole or community supervision.

(b) Whether the person paid restitution or other compensation for the offense.

(c) Evidence of positive action to change criminal behavior, such as completion of a drug treatment program or counseling.

(d) Personal references attesting to the person's rehabilitation.

C. If seeking a good cause exception, at least five days before the hearing the applicant shall submit to the department any evidence the applicant will be presenting at the hearing.
A.R.S. § 32-751 — Arizona Code / Title 32 / Chapter 6 / Article 3 / Section 751
32-751 Actions to recover civil penalties
Status: in_force

32-751. Actions to recover civil penalties

The board may request the attorney general to bring an action in superior court to recover any administrative penalties imposed by the board pursuant to this chapter. An action to recover such penalties shall be brought in the county in which the board has its office, or in the county of residence or principal place of business of the person subject to the penalties.
A.R.S. § 32-3902 — Arizona Code / Title 32 / Chapter 39 / Article 1 / Section 3902
32-3902 Acupuncture board of examiners; members; qualifications; terms; removal; compensation
Status: in_force

32-3902. Acupuncture board of examiners; members; qualifications; terms; removal; compensation

A. The acupuncture board of examiners is established consisting of the following members who are appointed by the governor:

1. Through January 16, 2022, four members who are licensed to practice acupuncture pursuant to this chapter and who have practiced acupuncture in this state or any other state for at least one year. Not more than two of these members may be graduates of the same school or college of acupuncture. The governor may make these appointments from a list of names submitted by a statewide acupuncture society.

2. Through January 17, 2022, three consumers who:

(a) Are not employed in a health profession.

(b) Do not have any pecuniary interest in a school of medicine or health care institution.

(c) Demonstrate an interest in health issues in this state.

3. Through January 17, 2022, two members who are licensed pursuant to chapter 8, 13, 14, 17 or 29 of this title. These members shall not be licensed pursuant to the same chapter.

4. Beginning January 17, 2022, one member who is certified or licensed to practice auricular acupuncture or acupuncture pursuant to this chapter.

5. Beginning January 20, 2022, three members who are licensed to practice acupuncture pursuant to this chapter and who have practiced acupuncture in this or any other state for at least one year. Not more than two of these members may be graduates of the same school or college of acupuncture. The governor may make these appointments from a list of names submitted by a statewide acupuncture society.

6. For appointments made on or after January 18, 2022, two consumers who meet all of the following:

(a) Are not employed in a health profession.

(b) Do not have any pecuniary interest in a school of medicine or health care institution.

(c) Demonstrate an interest in health issues in this state.

7. For appointments made on or after January 18, 2022, one member who is licensed pursuant to chapter 8, 13, 14, 17 or 29 of this title.

B. 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. Board members shall be residents of this state for at least one year immediately preceding their appointment.

D. Board members serve three-year terms to begin and end on the third Monday in January. A member shall not serve more than two consecutive terms.

E. The board shall meet in January of each year to elect a chairperson and vice chairperson.

F. The board shall meet quarterly and at the call of the chairperson or a majority of board members.

G. Board members are eligible to receive compensation in an amount not to exceed $50 per day for each day of actual service in the business of the board and are eligible for reimbursement of expenses necessarily and properly incurred in attending board meetings.

H. The governor may remove a board member from office for malfeasance, dishonorable conduct or unprofessional management of board duties.

I. The term of any member automatically ends on resignation or absence from this state for a period of at least six months. The governor shall fill vacancies for an unexpired portion of a term in the same manner as regular appointments.

J. Board members and board employees are not subject to civil liability for any act done or proceeding undertaken or performed in good faith and in furtherance of the purposes of this chapter.
A.R.S. § 32-707 — Arizona Code / Title 32 / Chapter 6 / Article 1 / Section 707
32-707 Record of proceedings; admissibility as evidence
Status: in_force

32-707. Record of proceedings; admissibility as evidence

The board shall keep records of its proceedings, and in any proceeding in court, civil or criminal, arising out of or founded upon any provision of this chapter, copies of such records certified as correct under the seal of the board shall be admissible in evidence as tending to prove the content of such records.