A.R.S. § 32-1997 — Arizona Code / Title 32 / Chapter 18 / Article 4 / Section 1997
32-1997 Misbranding; promotion of off-label use; definitions
Status: in_force

32-1997. Misbranding; promotion of off-label use; definitions

A. Notwithstanding any other law, a pharmaceutical manufacturer or its representative may engage in truthful promotion of an off-label use of a drug, biological product or device.

B. This section does not require a health care insurer, other third-party payor or other health plan sponsor to provide coverage for the cost of any off-label use of a drug, biological product or device as a treatment.

C. Notwithstanding any other law, an official, employee or agent of this state may not enforce or apply section 32-1967 against or otherwise prosecute a pharmaceutical manufacturer or its representative for engaging in truthful promotion of an off-label use of a drug, biological product or device.

D. Notwithstanding any other law, the Arizona state board of pharmacy, the Arizona medical board, the Arizona board of osteopathic examiners in medicine and surgery and the department of health services may not revoke, fail to renew or take any other action against the license of a pharmaceutical manufacturer or its representative, a health care institution or a physician solely for engaging in truthful promotion of an off-label use of a drug, biological product or device.

E. For the purposes of this section:

1. "Biological product" has the same meaning prescribed in 42 United States Code section 262.

2. "Misbranding" has the same meaning described in section 32-1967 or 21 United States Code section 352.

3. "Off-label use" means the use of a United States food and drug administration-approved drug, biological product or device in a manner other than the use approved by the United States food and drug administration.

4. "Truthful promotion" means the sharing of information that is not misleading, not contrary to fact, and consistent with generally accepted scientific principles, between pharmaceutical manufacturers and licensed professionals who can prescribe medication within the provider's scope of practice.
A.R.S. § 32-2171 — Arizona Code / Title 32 / Chapter 20 / Article 3.1 / Section 2171
32-2171 Definitions
Status: in_force

32-2171. Definitions

In this article, unless the context otherwise requires:

1. "Property management firm" means any corporation, partnership or limited liability company licensed pursuant to section 32-2125, subsection A or a designated broker that by written agreement, manages rental property or properties for compensation.

2. "Rental agreement" means a lease or leasing agreement.
A.R.S. § 32-1297.03 — Arizona Code / Title 32 / Chapter 11 / Article 5 / Section 1297.03
32-1297.03 Qualification for reexamination
Status: in_force

32-1297.03. Qualification for reexamination

An applicant for examination who has previously failed two or more examinations, as a condition of eligibility to take any further examination, shall furnish to the board satisfactory evidence of having successfully completed additional training in a recognized denturist school or refresher courses approved by the board or the board's testing agency.
A.R.S. § 32-2132 — Arizona Code / Title 32 / Chapter 20 / Article 2 / Section 2132
32-2132 Fees
Status: in_force

32-2132. Fees

A. Except as provided in subsection D of this section, the following fees shall be charged and shall not be refunded by the commissioner after issuance of a receipt for payment:

1. A broker's examination application fee of not more than $125.

2. A broker's examination fee of not more than $100.

3. A broker's license fee of not more than $250.

4. A broker's renewal fee of not more than $400.

5. A salesperson's examination application fee of not more than $75.

6. A salesperson's examination fee of not more than $50.

7. A salesperson's license fee of not more than $125.

8. A salesperson's renewal fee of not more than $200.

9. A branch office broker's license fee or renewal fee of not more than $200.

10. A fee for a change of name and address of licensee on records of the department of not more than $20.

11. A duplicate license fee of $5.

12. A fee for reinstatement of license within the license period of $5.

13. A fee for each certificate of correctness of copy of records or documents on file with the department of $1, plus the cost to the department for reproducing the records or documents.

14. A temporary broker's license fee of not more than $50.

15. A temporary cemetery salesperson's license fee of not more than $50.

16. A membership camping salesperson certificate of convenience fee of not more than $50.

17. Fees in an amount to be determined by the commissioner by rule for the following:

(a) A certificate of approval or renewal to operate a school.

(b) An instructor or other school official approval or renewal fee.

(c) A continuing education live classroom course approval or renewal fee.

(d) A prelicensure education live classroom course or prelicensure distance learning course approval or renewal fee. The prelicensure course fee imposed by this subdivision shall be the same and the renewal course fee imposed by this subdivision shall be the same regardless of the instructional format a person uses to complete a prelicensure education course or instructional segment or a renewal education course or instructional segment.

(e) A continuing education distance learning course approval or renewal fee.

B. A corporation, partnership or limited liability company shall not be assessed a fee for the issuance of a broker's license.

C. The commissioner may contract for the processing of applications and the examination of applicants for licensure. The contract may provide for specific fees or a reasonable range for fees as determined by the commissioner for examination applications and examinations to be paid directly to the contractor by the applicant. These fees may not exceed the amounts prescribed in subsection A, paragraphs 1, 2, 5 and 6 of this section.

D. For good cause shown the commissioner may refund fees previously collected.
A.R.S. § 32-1686 — Arizona Code / Title 32 / Chapter 15.1 / Article 2 / Section 1686
32-1686 Board of dispensing opticians fund
Status: in_force

32-1686. Board of dispensing opticians fund

(L24, Ch. 222, sec. 21.  Eff. until 7/1/28)

A. Before the end of each month, pursuant to sections 35-146 and 35-147, the board shall deposit fifteen percent of all monies received by the board in the state general fund and deposit the remaining eighty-five percent in the board of dispensing opticians fund.

B. Monies deposited in the board of dispensing opticians fund are subject to section 35-143.01.
A.R.S. § 32-2194.27 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.27
32-2194.27 Restrictive use of income from endowed-care fund; obligation
Status: in_force

32-2194.27. Restrictive use of income from endowed-care fund; obligation

The irrevocable trust fund established pursuant to section 32-2194.26 shall be evidenced by an instrument in writing and shall contain the following provisions:

1. There shall be designated a trustee for the endowed-care fund that is a financial institution authorized to do business in this state and authorized to act as trustee by the laws of this state for such investments. The trustee must be one in which no officer, director or owner of the cemetery is financially interested in any way.

2. The principal of the trust fund shall remain permanently intact, and only the income or the unitrust amount specified in section 14-11014 or 14-11015 shall be expended. It is the intent of this section that the income or unitrust amount of the fund shall be used solely for the care of plots or other burial spaces sold to third persons with a provision for perpetual or endowed care and the care of such other portions of the cemetery immediately surrounding such plots as may be necessary to preserve the beauty and dignity of the plots sold. The fund or its income shall never be used for the development, improvement or embellishment of unsold portions of the cemetery so as to relieve the owner of the cemetery of the ordinary cost incurred in preparing such property for sale.

3. A financial institution acting as a trustee does not have a legal obligation to operate a cemetery other than providing trust fund income to the receiver or successor of a cemetery unable to meet its perpetual care obligations.  A trustee, in its sole discretion and without the approval of the court, may convert the trust to a total return unitrust and administer the endowed-care fund as provided in section 14-11014.
A.R.S. § 32-2937 — Arizona Code / Title 32 / Chapter 29 / Article 3 / Section 2937
32-2937 Judicial review
Status: in_force

32-2937. Judicial review

Except as provided in section 41-1092.08, subsection H, judicial review of license suspension or revocation is available pursuant to title 12, chapter 7, article 6.
A.R.S. § 32-2612 — Arizona Code / Title 32 / Chapter 26 / Article 2 / Section 2612
32-2612 Qualifications of applicant for agency license; substantiation of work experience
Status: in_force

32-2612. Qualifications of applicant for agency license; substantiation of work experience

A. Each applicant, if an individual, or each associate, director or manager, if the applicant is other than an individual, for an agency license to be issued pursuant to this chapter shall:

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

2. Be a citizen or a legal resident of the United States who is authorized to seek employment in the United States.

3. Not have been convicted of any felony or currently be under indictment for a felony.

4. Within the five years immediately preceding the application for an agency license, not have been convicted of any misdemeanor act involving:

(a) Personal violence or force against another person or threatening to commit any act of personal violence or force against another person.

(b) Misconduct involving a deadly weapon as provided in section 13-3102.

(c) Dishonesty or fraud.

(d) Arson.

(e) Theft.

(f) Domestic violence.

(g) A violation of title 13, chapter 34 or 34.1 or an offense that has the same elements as an offense listed in title 13, chapter 34 or 34.1.

(h) Sexual misconduct.

5. Not be on parole, on community supervision, on work furlough, on home arrest, on release on any other basis or named in an outstanding arrest warrant.

6. Not be serving a term of probation pursuant to a conviction for any act of personal violence or domestic violence, as defined in section 13-3601, or an offense that has the same elements as an offense listed in section 13-3601.

7. Not be any of the following:

(a) Adjudicated mentally incompetent.

(b) Found to constitute a danger to self or others or to be in persistent or acute disability or grave disability pursuant to section 36-540.

(c) Found incompetent pursuant to rule 11, Arizona rules of criminal procedure.

(d) Found guilty except insane.

8. Not have a disability as defined in section 41-1461, unless that person is a qualified individual as defined in section 41-1461.

9. Not have been convicted of acting or attempting to act as a security guard or a security guard agency without a license if a license was required.

10. Not be a registered sex offender.

B. The qualifying party for an agency license and the resident manager, if a resident manager is required pursuant to section 32-2616, shall have at least three years of full-time experience as a manager, supervisor or administrator of a security guard agency or three years of full-time supervisory experience with any federal, United States military, state, county or municipal law enforcement agency. The qualifying party for an agency license and the resident manager, if a resident manager is required pursuant to section 32-2616, must substantiate managerial work experience claimed as years of qualifying experience and provide the exact details as to the character and nature of the experience on a form prescribed by the department and certified by the employer.  On written request, an employer shall submit to the employee a written certification of prior work experience within thirty calendar days. The written certification is subject to independent verification by the department. If an employer goes out of business, the employer shall provide registered employees with a complete and accurate record of their work history. If an applicant is unable to supply written certification from an employer in whole or in part, the applicant may offer written certification from persons other than an employer covering the same subject matter for consideration by the department. The burden of proving the minimum years of experience is on the applicant.

C. The department may deny an agency license if the department determines that the applicant is unfit based on a conviction, citation or encounter with law enforcement for a statutory violation.
A.R.S. § 32-2375 — Arizona Code / Title 32 / Chapter 23 / Article 2 / Section 2375
32-2375 Disposition of fees
Status: in_force

32-2375. Disposition of fees

All monies received by the director from the fees provided in this article shall be deposited, pursuant to sections 35-146 and 35-147, in the state highway fund.
A.R.S. § 32-3273 — Arizona Code / Title 32 / Chapter 33 / Article 3 / Section 3273
32-3273 License renewal; continuing education
Status: in_force

32-3273. License renewal; continuing education

A. Except as provided in section 32-4301, a license issued pursuant to this chapter is renewable every two years by paying the renewal fee prescribed by the board and submitting documentation prescribed by the board by rule of completion of relevant continuing education experience as determined by the board during the previous twenty-four-month period.

B. The board shall send notice in writing of required relevant continuing education experience to each licensee at least ninety days before the renewal date.

C. A licensee must satisfy the continuing education requirements that are prescribed by the board by rule and that are designed to provide the necessary understanding of ethics, cultural competency, current developments, skills, procedures and treatments related to behavioral health and to ensure the continuing competence of licensees.  The board shall adopt rules to prescribe the manner of documenting compliance with this subsection.

D. At the request of a licensee who has been issued two or more licenses, the board shall establish the same renewal dates for those licenses.  The board may prorate any fees due as necessary to synchronize the dates.
A.R.S. § 32-1971 — Arizona Code / Title 32 / Chapter 18 / Article 3 / Section 1971
32-1971 Compounding pharmacies; certain medications; requirements; definitions
Status: in_force

32-1971. Compounding pharmacies; certain medications; requirements; definitions

A. Chronically ill patients and terminally ill patients have the right to determine, with the assistance and guidance of their health care providers, individual courses of treatment through the use of medications and treatments obtained from a compounding pharmacy.

B. Compounding pharmacies that are licensed in this state shall have access to active pharmaceutical ingredients for use in compounding that meet United States pharmacopeia monographs, if the active pharmaceutical ingredient is prepared for use by a United States food and drug administration-registered active pharmaceutical ingredient manufacturer or packager, is shipped into this state in compliance with state law and arrives with a certificate of analysis detailing quality specifications, including any medications, dietary supplements and amino acids that are already in use by compounding pharmacies in this state, in order to provide chronically ill patients and terminally ill patients with the prescribed individual course of treatment.

C. Subsection B of this section does not apply if the active pharmaceutical ingredient is deemed unsafe for compounding by the federal food and drug administration or is placed on the interim 503A category II bulk drug substance list. Compounding pharmacies may use substances placed on the interim 503A category III bulk drug substance list only if the substance meets the requirements of this section.

D. This section does not allow any treatment or use of medication that is intended to cause the death of the patient.

E. For the purposes of this section:

1. "Chronically ill patient" means a patient whose physician has diagnosed the patient as having a long-term disease or condition that if left untreated may cause major irreversible morbidity and who might benefit from individualized or specialized medication that is not commercially available.

2. "Compounding pharmacy" means a pharmacy that is classified as a 503A pharmacy by the United States food and drug administration.

3. "Monographs" means quality standards for prescription medicines and dietary supplements that articulate the quality expectations for a medicine or dietary supplement, including its identity, strength, purity and performance.

4. "Terminally ill patient" means a patient whose physician has diagnosed the patient with a disease that, taking into account the patient's medical circumstances, will cause the patient's death in a reasonably foreseeable time.
A.R.S. § 32-3924 — Arizona Code / Title 32 / Chapter 39 / Article 2 / Section 3924
32-3924 Qualifications for licensure; fingerprint clearance card
Status: in_force

32-3924. Qualifications for licensure; fingerprint clearance card

A. To receive a license to practice acupuncture pursuant to this chapter, a person shall submit an application as prescribed by the board.  The applicant shall disclose in an application for initial licensure all other active and past professional health care licenses and certificates issued to the applicant in this state or by another state, district or territory of the United States. The application shall document to the board's satisfaction that the applicant has successfully completed a clean needle technique course approved by the board and meets both of the following:

1. Has either:

(a) Been certified in acupuncture by the national certification commission for acupuncture and oriental medicine, or its successor organization, or another certifying body or examination that is recognized by the board.

(b) Passed the point location module, foundations of oriental medicine module, biomedicine module and acupuncture module offered by the national certification commission for acupuncture and oriental medicine.

(c) Been licensed by another state with substantially similar standards and has not had certification or licensure revoked.

2. Has graduated from or completed training in a board-approved program of acupuncture with a minimum of one thousand eight hundred fifty hours of training that includes at least eight hundred hours of board-approved clinical training.

B. Beginning January 1, 2023, an applicant for initial licensure or license renewal pursuant to this article shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
A.R.S. § 32-2091.13 — Arizona Code / Title 32 / Chapter 19.1 / Article 4 / Section 2091.13
32-2091.13 Confidential communications
Status: in_force

32-2091.13. Confidential communications

A. The confidential relations and communications between a client and a person who is licensed pursuant to this article, including temporary licensees, are placed on the same basis as those provided by law between an attorney and client. Unless the client waives the behavior analyst-client privilege in writing or in court testimony, a behavior analyst shall not voluntarily or involuntarily divulge information that is received by reason of the confidential nature of the behavior analyst's practice. The behavior analyst shall divulge to the board information it requires in connection with any investigation, public hearing or other proceeding. The behavior analyst-client privilege does not extend to cases in which the behavior analyst has a duty to report information as required by law.

B. The behavior analyst shall ensure that client records and communications are treated by clerical and paraprofessional staff at the same level of confidentiality and privilege required of the behavior analyst.
A.R.S. § 32-2504 — Arizona Code / Title 32 / Chapter 25 / Article 1 / Section 2504
32-2504 Powers and duties; delegation of authority; rules; subcommittees; immunity
Status: in_force

32-2504. Powers and duties; delegation of authority; rules; subcommittees; immunity

A. The board shall:

1. As its primary duty, protect the public from unlawful, incompetent, unqualified, impaired or unprofessional physician assistants.

2. License and regulate physician assistants pursuant to this chapter.

3. Order and evaluate physical, psychological, psychiatric and competency testing of licensees and applicants the board determines is necessary to enforce this chapter.

4. Review the credentials and the abilities of applicants for licensure whose professional records or physical or mental capabilities may not meet the requirements of this chapter.

5. Initiate investigations and determine on its own motion whether a licensee has engaged in unprofessional conduct or is or may be incompetent or mentally or physically unable to safely perform health care tasks.

6. Establish fees and penalties pursuant to section 32-2526.

7. Develop and recommend standards governing the profession.

8. Engage in the full exchange of information with the licensing and disciplinary boards and professional associations of other states and jurisdictions of the United States and foreign countries and a statewide association for physician assistants.

9. Direct the preparation and circulation of educational material the board determines is helpful and proper for its licensees.

10. Discipline and rehabilitate physician assistants pursuant to this chapter.

11. Certify physician assistants for thirty-day prescription privileges for schedule II, schedule III, schedule IV and schedule V controlled substances that are opioids or benzodiazepine and ninety-day prescription privileges for schedule II, schedule III, schedule IV and schedule V controlled substances that are not opioids or benzodiazepine if the physician assistant either:

(a) Within the preceding three years of application, completed forty-five hours in pharmacology or clinical management of drug therapy or at the time of application is certified by a national commission on the certification of physician assistants or its successor.

(b) Met any other requirement established by board rule.

B. The board may delegate to the executive director the board's authority pursuant to this section or section 32-2551. The board shall adopt a substantive policy statement pursuant to section 41-1091 for each specific licensing and regulatory authority the board delegates to the executive director.

C. The board may make and adopt rules necessary or proper for the administration of this chapter.

D. The chairperson may establish subcommittees consisting of board members and define their duties as the chairperson deems necessary to carry out the functions of the board.

E. Board employees, including the executive director, temporary personnel and professional medical investigators, are immune from civil liability for good faith actions they take to enforce this chapter.

F. In performing its duties pursuant to subsection A of this section, the board may receive and review staff reports on complaints, malpractice cases and all investigations.

G. The chairperson and vice chairperson of the Arizona regulatory board of physician assistants are members of the committee on executive director selection and retention established by section 32-1403, subsection G, which is responsible for the appointment of the executive director pursuant to section 32-1405.
A.R.S. § 32-1454 — Arizona Code / Title 32 / Chapter 13 / Article 3 / Section 1454
32-1454 Injunction
Status: in_force

32-1454. Injunction

A. An injunction shall issue forthwith to enjoin the practice of medicine by either of the following:

1. One not licensed to practice medicine or exempt from the requirement therefor pursuant to this chapter.

2. A doctor of medicine whose continued practice will or well might cause irreparable damage to the public health and safety prior to the time proceedings under section 32-1451 could be instituted and completed.

B. In a petition for injunction pursuant to the paragraph numbered 1 of subsection A of this section it shall be sufficient to charge that the respondent on a day certain in a named county engaged in the practice of medicine without a license and without being exempt from the requirements therefor pursuant to this chapter. No showing of damage or injury as the result thereof shall be required.

C. In a petition for injunction pursuant to the paragraph numbered 2 of subsection A of this section there shall be set forth with particularity the facts which make it appear that irreparable damage to the public health and safety will or well might occur prior to the time proceedings under section 32-1451 could be instituted and completed.

D. An injunction shall issue forthwith to enjoin any act specified in section 32-1455, subsection B.

E. Such petition shall be filed by the board in the superior court of Maricopa county or in the county where the defendant resides or is found.

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

G. In all other respects injunction proceedings under this section shall be governed as near as may be by the law otherwise applicable to injunctions.
A.R.S. § 32-2217.01 — Arizona Code / Title 32 / Chapter 21 / Article 2 / Section 2217.01
32-2217.01 Issuance of permit to nonresident
Status: in_force

32-2217.01. Issuance of permit to nonresident

A. The board may issue to a person residing within twenty-five miles of Arizona in the state of California, Colorado, Nevada, New Mexico or Utah, who is licensed to practice veterinary medicine in the state of residence and whose practice extends into this state, a permit in the form prescribed by the board authorizing such extended practice in this state.

B. Application for a permit shall be made upon a form provided by the board. The application shall contain an irrevocable consent that actions arising out of or involving the permittee's practice of veterinary medicine in this state may be commenced within this state by service of pleadings or process upon the board, which shall forward to the permittee by certified mail a duplicate copy of the pleading or process.

C. The permittee shall be subject to the rules of the board and the provisions of this chapter relating to the practice of veterinary medicine and relating to unprofessional or dishonorable conduct.

D. A permit issued under the provisions of this section expires on December 31 of every even numbered year unless suspended or revoked. The fee for issuance of the permit is fifty dollars in even numbered years and one hundred dollars in odd numbered years. The biennial renewal fee is one hundred dollars.
A.R.S. § 32-3248.03 — Arizona Code / Title 32 / Chapter 32 / Article 4 / Section 3248.03
32-3248.03 Health professionals; hospitals; dispensing controlled substances; opioids; definition
Status: in_force

32-3248.03. Health professionals; hospitals; dispensing controlled substances; opioids; definition

A. A hospital or a health professional who is working in a hospital that is not within fifty miles of a twenty-four-hour pharmacy, when discharging a patient with an acute illness or injury after regular pharmacy business hours, may dispense a twelve-hour supply of a schedule II controlled substance that is an opioid to the patient.

B. For the purposes of this section, "health professional" means a person who is licensed pursuant to chapter 7, 13, 15, 17 or 25 of this title and who holds a valid United States drug enforcement administration registration number.
A.R.S. § 32-2023 — Arizona Code / Title 32 / Chapter 19 / Article 2 / Section 2023
32-2023 Application; denial; hearing
Status: in_force

32-2023. Application; denial; hearing

A. An applicant for licensure shall file a completed application as required by the board. The applicant shall include the application fee prescribed in section 32-2029.

B. The board may deny a license to an applicant or a licensee for any of the following:

1. Knowingly making a false statement of fact required to be revealed in the initial application, renewal application or reinstatement application for a license.

2. Committing fraud in the procurement of a license.

3. Committing 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.

4. Attempting to engage in conduct that subverts or undermines the integrity of the examination or the examination process, including using in any manner recalled or memorized examination questions from or with a person or entity, failing to comply with all test center security procedures, communicating or attempting to communicate with other examinees during the examination or copying or sharing examination questions or portions of questions.

5. Engaging in any conduct that would be considered a violation of section 32-2044.

C. If the board denies an application because of deficiencies or reasons in an application or for a reason prescribed in subsection B of this section, the board must inform an applicant of those specific deficiencies. On receipt of a written request by an applicant who disagrees with the board's decision to deny an application, the board shall hold a hearing pursuant to title 41, chapter 6, article 10.
A.R.S. § 32-1133.01 — Arizona Code / Title 32 / Chapter 10 / Article 2.1 / Section 1133.01
32-1133.01 Administrative recovery; statute of limitations
Status: in_force

32-1133.01. Administrative recovery; statute of limitations

A. Notwithstanding any other provision in this chapter, if a contractor license has been revoked or suspended as a result of an order to remedy a violation of this chapter, the registrar may order payment from the residential contractors' recovery fund to remedy the violation.

B. The registrar must serve the contractor with a notice setting forth the amount claimed or to be awarded.

C. If the contractor contests the amount or propriety of the payment, the contractor must respond in writing within ten days after the date of service by requesting a hearing to determine the amount or propriety of the payment. The contractor's failure to respond in writing within ten days after the date of service may be deemed a waiver by the contractor of the right to contest the amount claimed or to be awarded.

D. Service of the notice required by subsection B of this section may be made by personal service to the contractor or by mailing a copy of the notice by certified mail with postage prepaid to the contractor's latest address of record on file in the registrar's office.

E. If service is made by certified mail, it is effective five days after the notice is mailed. Except as provided in section 41-1092.08, subsection H, the contractor or claimant may seek judicial review of the registrar's final award pursuant to title 12, chapter 7, article 6.

F. A claimant to the residential contractors' recovery fund pursuant to this section must show that the claimant has proceeded against any existing bond covering the residential contractor.

G. A claim for payment from the residential contractor's recovery fund must be submitted within two years after all proceedings, reviews and appeals connected with the registrar's final order terminate.
A.R.S. § 32-1635 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1635
32-1635 Temporary license to practice registered nursing
Status: in_force

32-1635. Temporary license to practice registered nursing

A. The board may issue a temporary license to practice registered nursing to an applicant for a license who meets the qualifications for licensing specified in sections 32-1632 and 32-1633 and board rules.

B. Temporary licenses expire on the date specified in the license and may be renewed at the discretion of the executive director.
A.R.S. § 32-2197.19 — Arizona Code / Title 32 / Chapter 20 / Article 9 / Section 2197.19
32-2197.19 Civil liabilities; prohibitions; limitations
Status: in_force

32-2197.19. Civil liabilities; prohibitions; limitations

A. If any part of the notice of intention filed pursuant to section 32-2197.02 contains an untrue statement of a material fact or omits a material fact required to be stated in such notice, the developer or agent is liable as provided in this section to any person who acquires a timeshare interest in the timeshare plan covered by the notice of intention during the period the notice of intention remained uncorrected, unless it is proved that at the time of such acquisition the person acquiring the timeshare interest knew of such untruth or omission.

B. A developer or agent who sells or leases a timeshare interest in a timeshare plan in violation of section 32-2197.09 or by means of a public report which contains an untrue statement of a material fact, or omits a material fact required to be stated in such report, is liable to the purchaser of such timeshare interest as provided in this section.

C. No developer or agent shall, in selling or leasing, or offering to sell or lease, any timeshare interest in a timeshare plan:

1. Employ any device, scheme or artifice to defraud.

2. Obtain money or property by means of a material misrepresentation with respect to any information included in the notice of intention or the public report or with respect to any other information pertinent to the timeshare interest or timeshare plan and upon which the purchaser relies.

3. Engage in any transaction, practice or course of business which operates or would operate as a fraud or deceit upon a purchaser.

D. Damages in any suit brought pursuant to this section are the difference between the amount paid for the timeshare interest, together with the reasonable cost of improvements to such timeshare interest, and whichever of the following amount is less:

1. The value of the timeshare interest and improvements as of the time such suit was brought.

2. The price at which the timeshare interest was disposed of in a bona fide market transaction prior to the suit.

3. The price at which the timeshare interest was disposed of in a bona fide market transaction after suit was brought, but prior to judgment.

E. In any action in which a violation of this section is established, the purchaser is also entitled to recover reasonable attorney fees as determined by the court. If a violation is not established, the court may award reasonable attorney fees to the defendant.

F. Every person who becomes liable to make any payment pursuant to this section may recover contribution as in cases of contract from any person who, if sued separately, would have been liable to make the same payment.

G. The amount recoverable pursuant to this section shall not exceed the sum of the purchase price of the timeshare interest, the reasonable cost of improvements installed by the purchaser and reasonable court costs and attorney fees.

H. This section does not preclude any other remedies that may exist at law or in equity.

I. An action shall not be maintained to enforce any liability created pursuant to subsection A or B of this section unless brought within one year after the discovery of the untrue statement or the omission, or after such discovery should have been made by the exercise of reasonable diligence. An action shall not be maintained to enforce any liability created pursuant to subsection C of this section unless brought within two years after the violation upon which it is based. Any such action under subsection C of this section shall not be brought by a purchaser more than three years after the sale or lease to such purchaser.
A.R.S. § 32-1160 — Arizona Code / Title 32 / Chapter 10 / Article 3 / Section 1160
32-1160 Claim for termite damages; notice and offer of settlement; applicability; definition
Status: in_force

32-1160. Claim for termite damages; notice and offer of settlement; applicability; definition

A. At least thirty days before filing suit against a contractor for money damages resulting from termites, a claimant shall give written notice to that contractor at that contractor's last known address, specifying in reasonable detail the facts that are the subject of the complaint. Within ten days after the date the contractor receives the notice, the contractor may request an opportunity to inspect the premises and may make a written offer to the claimant that may include an agreement by the contractor to inspect, treat, repair or have repaired at the contractor's expense any area damaged by the termites and shall describe in reasonable detail the kind of repairs or treatment offered. If accepted, the repairs or treatment shall be made within forty-five days after the date the contractor receives written notice of acceptance of the offer of compromise, unless completion is delayed by the claimant or by other events beyond the control of the contractor. Failure to provide a written notice or refusal to allow a contractor to inspect the premises for termite damage and provide a retreatment program shall create a rebuttable presumption that the damages could have been mitigated.

B. The notice prescribed by subsection A is not required if the claimant must file suit at an earlier date to prevent expiration of the statute of limitations or if the complaint is asserted as a counterclaim.

C. This section does not create an implied warranty or extend any limitation period. This section applies only to a claim for money damages to a residence or an appurtenance to a residence resulting from termites and for which suit is filed after the effective date of this section.

D. For purposes of this section "contractor" means a person or entity, including any subsidiaries, parents, partners or affiliates, that contracts with a claimant for the construction or sale of a new residence constructed by that person or entity, or for an alteration of or addition to an existing residence, repair of a new or existing residence, or construction, sale, alteration, addition or repair of an appurtenance to a new or existing residence.
A.R.S. § 32-1993 — Arizona Code / Title 32 / Chapter 18 / Article 4 / Section 1993
32-1993 Authorization to seize certain drugs, counterfeit drugs and equipment; disposition of seized equipment
Status: in_force

32-1993. Authorization to seize certain drugs, counterfeit drugs and equipment; disposition of seized equipment

A. The following may be seized by the division of narcotics enforcement and criminal intelligence within the department of public safety and its designated agents and all officers exercising police powers when they have reasonable grounds to believe it is:

1. A drug that is a counterfeit.

2. A container of such counterfeit drug.

3. Equipment used in manufacturing, compounding, or processing a drug with respect to which drug a prohibited act within the meaning of section 32-1965 has occurred.

4. Any punch, die, plate, stone, labeling, container or other thing used or designed for use in making a counterfeit drug.

5. Any conveyance being used to transport, carry or hold a counterfeit drug in violation of section 32-1965, paragraph 4.

B. When any article, equipment, conveyance, or other thing is seized pursuant to this chapter the peace officer shall, within five days thereafter, cause to be filed in the proper court in whose jurisdiction the merchandise is seized or detained a complaint for condemnation of such merchandise as provided in this chapter.

C. Any person, firm, or corporation having an interest in the alleged article, equipment, or other thing proceeded against, or any person, firm or corporation against whom a civil or criminal liability would exist if the merchandise is in violation of section 32-1965, paragraph 4 may, within twenty days following the seizure, serve and file an answer or responsive pleading to the complaint which shall allege the interest or liability of the party filing it.

D. Any article, equipment, conveyance or other thing condemned under this section shall, after entry of the decree, be disposed of by destruction or sale as the court may direct and the proceeds thereof, if sold, less the legal costs and other charges shall be deposited, pursuant to sections 35-146 and 35-147, with the state treasurer.
A.R.S. § 32-4122 — Arizona Code / Title 32 / Chapter 41 / Article 2 / Section 4122
32-4122 Qualifications for licensure
Status: in_force

32-4122. Qualifications for licensure

An applicant for a license as an athletic trainer shall:

1. Have successfully completed the application process.

2. Possess a minimum of a baccalaureate degree from an accredited institution with coursework and supervised clinical experience as required and approved by the board.

3. Have passed a national examination approved by the board within one year before the date of application or currently possess certification as an athletic trainer from a nationally recognized board of certification.

4. Pay the application fee prescribed in section 32-4126.
A.R.S. § 32-1976 — Arizona Code / Title 32 / Chapter 18 / Article 3 / Section 1976
32-1976 Dispensing replacement soft contact lenses; prescription
Status: in_force

32-1976. Dispensing replacement soft contact lenses; prescription

A. A prescription order for replacement soft contact lenses may be dispensed under the following conditions:

1. The prescription order shall be in the form required by this chapter and shall include the name of the prescribing physician or optometrist.

2. The prescription order contains the date of issuance.

3. The prescription order for contact lenses includes the lens brand name, type, tint and all other specifications necessary to accurately dispense the prescription.

B. The prescription shall be dispensed with the exact lenses prescribed and no substitutions shall be made. The expiration date of the prescription shall be the earlier of the expiration date provided by the prescribing physician or optometrist or one year after the date of issuance. A refill of a prescription that is within sixty days of its expiration date shall be filled with no more than the sufficient quantity of replacement soft contact lenses needed through the expiration date.

C. The prescription shall be dispensed with a written notice containing the following wording or its substantial equivalent:

Warning: If you are having any unexplained eye discomfort, watering, vision change or redness, remove your lenses immediately and consult your eye care practitioner before wearing your lenses again.

D. Any advertisement by a pharmacy or pharmacist for replacement soft contact lenses shall include all charges associated with the purchase of replacement soft contact lenses from the pharmacy or pharmacist.
A.R.S. § 32-2192 — Arizona Code / Title 32 / Chapter 20 / Article 5 / Section 2192
32-2192 Subrogation of rights; collection
Status: in_force

32-2192. Subrogation of rights; collection

A. Before receiving payment from the fund, a claimant must complete and execute, as judgment creditor, an assignment of judgment lien and notice of subrogation and assignment of rights to the claimant’s judgment on a form provided by the department.

B. If the commissioner has paid from the real estate recovery fund any sum to the judgment creditor, the commissioner shall be subrogated to all of the rights of the judgment creditor and the judgment creditor shall assign all the right, title and interest in the judgment to the commissioner.  The commissioner may record the assignment of judgment lien and notice of subrogation and assignment of rights.  Any amount and interest so recovered by the commissioner on the judgment shall be deposited to the fund.

C. If the commissioner is subrogated to a claimant’s rights as judgment creditor, the claimant shall not file a full or partial satisfaction of judgment without the commissioner’s prior written consent.

D. The attorney general shall bring any actions to recover amounts paid from the fund including interest, attorney fees and costs of collection pursuant to this chapter in the name of this state in the superior court in the county in which the violation occurred or in a county in which the commissioner maintains an office.  A certified copy of a commissioner's order requiring payment from the fund may be filed in the office of the clerk of the superior court.  The clerk shall treat the commissioner's order in the same manner as a judgment of the superior court.  A commissioner's order so filed has the same effect, and may be recorded, enforced or satisfied in a similar manner, as a judgment of the superior court.  No filing fee is required under this subsection.
A.R.S. § 32-748 — Arizona Code / Title 32 / Chapter 6 / Article 3 / Section 748
32-748 Board review; executive director's actions
Status: in_force

32-748. Board review; executive director's actions

A person who is aggrieved by an action taken by the executive director of the board pursuant to section 32-703, subsection B, paragraph 14 may request that the board review the action. The person shall file with the board a written request within thirty days after the date of the letter informing the person of the executive director's action.  At the next regular board meeting, the board shall review the executive director's action and shall approve, modify or reject the action.
A.R.S. § 32-595 — Arizona Code / Title 32 / Chapter 5 / Article 7 / Section 595
32-595 Oversight, dispute resolution and enforcement; defaulting states; termination from compact
Status: in_force

32-595. Oversight, dispute resolution and enforcement; defaulting states; termination from compact

A. The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement this compact.

B. Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located.  The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.  This subsection does not affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice or misconduct or in any similar matter.

C. The commission may receive service of process in any proceeding regarding the enforcement or interpretation of this compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process renders a judgment or order void.

D. If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the adopted rules, the commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default and any other action that the commission may take and shall offer training and specific technical assistance regarding the default.

E. The commission shall provide a copy of the notice of default to the other member states.

F. If a state that is in default fails to cure the default, the defaulting state may be terminated from this compact on an affirmative vote of a majority of the delegates of the member states and all rights, privileges and benefits conferred on that state by this compact may be terminated on the effective date of termination.  A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

G. Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted.  The commission shall give notice of intent to suspend or terminate to the governor of the defaulting state, the majority and minority leaders of the defaulting state's legislature, the defaulting state's state licensing authority and the state licensing authority of each member state.

H. A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

I. On the termination of a state's membership from this compact, the state shall immediately provide notice of the termination to all licensees who hold a multistate license within that state. The terminated state shall continue to recognize all licenses granted pursuant to this compact for at least one hundred eighty days after the date of the notice of termination.

J. The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from this compact, unless agreed to in writing between the commission and the defaulting state.

K. The defaulting state may appeal the commission's action by petitioning the United States district court for the District of Columbia or the federal district where the commission has its principal offices.  The prevailing party shall be awarded all costs of the litigation, including reasonable attorney fees.

L. On a member state's request, the commission shall attempt to resolve disputes related to this compact that arise among member states and between member and nonmember states.

M. The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

N. The commission, in the reasonable exercise of its discretion, shall enforce this compact and the commission's rules.

O. By majority vote as provided by commission rule, the commission may initiate legal action against a defaulting member state in the United States district court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with this compact and its adopted rules. The relief sought may include both injunctive relief and damages.  If judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation, including reasonable attorney fees.  The remedies described in this subsection are not the exclusive remedies of the commission.  The commission may pursue any other remedies available under federal law or the defaulting member state's law.

P. A member state may initiate legal action against the commission in the United States district court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with this compact and its adopted rules.  The relief sought may include both injunctive relief and damages.  If judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation, including reasonable attorney fees.

Q. Only a member state may enforce this compact against the commission.
A.R.S. § 32-4102 — Arizona Code / Title 32 / Chapter 41 / Article 1 / Section 4102
32-4102 Board; membership; duties; immunity
Status: in_force

32-4102. Board; membership; duties; immunity

A. The board of athletic training is established consisting of the following members appointed by the governor:

1. Three athletic trainers who are residents of this state, possess an unrestricted license to practice athletic training in this state and have been practicing in this state for at least five years immediately preceding their appointment.  The governor may make these appointments from a list of names submitted by a statewide athletic training association or any other group or person.  The initial three appointees are not required to be licensed pursuant to this chapter at the time of selection but shall meet all of the qualifications for licensure as prescribed by this chapter.

2. Two public members who are residents of this state and who are not affiliated with and do not have any financial interest in any health care profession but who have an interest in consumer rights.

B. Board members serve staggered five year terms that begin and end on the third Monday in January.  Board members shall not serve for more than two successive five year terms or for more than ten consecutive years.

C. If requested by the board, the governor may remove a board member for misconduct, incompetence or neglect of duty.

D. Board members are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2 to cover necessary expenses for attending each board meeting or for representing the board in an official board approved activity.

E. A board member who acts within the scope of board duties, without malice and in the reasonable belief that the person's action is warranted by law is not subject to civil liability.
A.R.S. § 32-3285 — Arizona Code / Title 32 / Chapter 33 / Article 4 / Section 3285
32-3285 Judicial review
Status: in_force

32-3285. Judicial review

Except as provided in section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 32-2063 — Arizona Code / Title 32 / Chapter 19.1 / Article 1 / Section 2063
32-2063 Powers and duties
Status: in_force

32-2063. Powers and duties

A. The board shall:

1. Administer and enforce this chapter and board rules.

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

3. Prescribe the forms, content and manner of application for licensure and renewal of licensure and set deadlines for the receipt of materials required by the board.

4. Keep a record of all licensees, board actions taken on all applicants and licensees and the receipt and disbursal of monies.

5. Adopt an official seal for attesting licenses and other official papers and documents.

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

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

8. Annually elect from among its membership a chairman, a vice chairman and a secretary, who serve at the pleasure of the board.

9. Adopt rules pursuant to title 41, chapter 6 to carry out this chapter and to define unprofessional conduct.

10. Engage in a full exchange of information with other regulatory boards and psychological associations, national psychology organizations and the Arizona psychological association and its components.

11. By rule, adopt a code of ethics relating to the practice of psychology. The board shall base this code on the code of ethics adopted and published by the American psychological association.  The board shall apply the code to all board enforcement policies and disciplinary case evaluations and development of licensing examinations.

12. Adopt rules regarding the use of telepractice.

13. Before the board takes action, receive and consider recommendations from the committee on behavior analysts on all matters relating to licensing and regulating behavior analysts, as well as regulatory changes pertaining to the practice of behavior analysis, except in the case of a summary suspension of a license pursuant to section 32-2091.09, subsection E.

14. Beginning January 1, 2022, require each applicant for an initial or temporary license or a license renewal pursuant to this chapter to have applied for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. If an applicant is issued a valid fingerprint clearance card, the applicant shall submit the valid fingerprint clearance card to the board with the completed application. If an applicant applies for a fingerprint clearance card and is denied, the applicant may request that the board consider the application for licensure notwithstanding the absence of a valid fingerprint clearance card. The board, in its discretion, may approve an application for licensure despite the denial of a valid fingerprint clearance card if the board determines that the applicant's criminal history information on which the denial is based does not alone disqualify the applicant from licensure.

B. Subject to title 41, chapter 4, article 4, the board may employ personnel it deems necessary to carry out this chapter. The board, in investigating violations of this chapter, may employ investigators who may be psychologists. The board or its executive director may take and hear evidence, administer oaths and affirmations and compel by subpoena the attendance of witnesses and the production of books, papers, records, documents and other information relating to the investigation or hearing.

C. Subject to section 35-149, the board may accept, expend and account for gifts, grants, devises and other contributions, monies or property from any public or private source, including the federal government. The board shall deposit, pursuant to sections 35-146 and 35-147, monies received pursuant to this subsection in special funds for the purpose specified, and monies in these funds are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

D. Compensation for all personnel shall be determined pursuant to section 38-611.
A.R.S. § 32-122 — Arizona Code / Title 32 / Chapter 1 / Article 2 / Section 122
32-122 Qualifications for in-training designation
Status: in_force

32-122. Qualifications for in-training designation

(L22, Ch. 59, sec. 43)

A. An applicant for in-training designation as an engineer, geologist or land surveyor shall:

1. Be a graduate of a school approved by the board or have four years or more of education or experience, or both, in work in the profession in which registration is sought that meets standards specified by the board in its rules.

2. Unless exempt under section 32-126, subsection D, pass the in-training examination in the profession in which registration is sought.

B. An applicant for in-training designation as an assayer shall:

1. Be a graduate of a school and curriculum approved by the board or have four years or more of education or experience, or both, in work in the profession in which registration is sought that meets standards specified by the board in its rules.

2. Unless exempt under section 32-126, subsection D, pass the in-training examination in the profession in which registration is sought.
A.R.S. § 32-3617 — Arizona Code / Title 32 / Chapter 36 / Article 2 / Section 3617
32-3617 Nonresident temporary licensure or certification
Status: in_force

32-3617. Nonresident temporary licensure or certification

A. Every applicant for nonresident temporary licensure or certification under this chapter who is not a resident of this state shall submit, with the application for nonresident temporary licensure or certification, an irrevocable consent that service of process on the applicant may be made by delivery of the process to the secretary of state if, in an action against the applicant in a court of this state arising out of the applicant's activities as a nonresident temporary state-licensed or state-certified appraiser, the plaintiff cannot effect, in the exercise of due diligence, personal service on the applicant.

B. A nonresident of this state who has complied with subsection A of this section may obtain a nonresident temporary license or certificate as a nonresident temporary state-licensed or state-certified appraiser by conforming to all of the requirements of this chapter relating to state-licensed or state-certified appraisers.

C. A nonresident of this state who is licensed or certified in another state is entitled to nonresident temporary licensure or certification by the deputy director, which is valid until the completion of each appraisal assignment but not for a period of more than one year after the date of issuance, if:

1. The nonresident appraiser's business in this state is of a temporary nature.

2. The nonresident appraiser applies with the deputy director on forms prescribed by the deputy director.

3. The nonresident appraiser pays the nonresident temporary licensure or certification fee required by the deputy director.

D. The deputy director shall adopt rules in furtherance of this section to avoid the abuse of the temporary practice rights in this state.
A.R.S. § 32-3257 — Arizona Code / Title 32 / Chapter 33 / Article 1 / Section 3257
32-3257 Written notifications and communications; methods of transmission
Status: in_force

32-3257. Written notifications and communications; methods of transmission

For the purposes of this chapter, notifications or communications required to be written or in writing may be transmitted or received by mail, electronic transmission, facsimile transmission or hand delivery and shall not be transmitted or received orally.
A.R.S. § 32-3612 — Arizona Code / Title 32 / Chapter 36 / Article 2 / Section 3612
32-3612 Classifications of licensure, registration and certification
Status: in_force

32-3612. Classifications of licensure, registration and certification

The following classifications are established:

1. State-certified general real estate appraisers consisting of those persons meeting the requirements for certification relating to the appraisal or appraisal review of all types of real property.

2. State-certified residential real estate appraisers consisting of those persons meeting the requirements for certification relating to the appraisal or appraisal review of one to four residential units without regard to value or complexity. The classification includes the appraisal for federally and nonfederally related transactions of vacant or unimproved land that is used for one to four family purposes or for which the highest and best use is for one to four family purposes.  This classification does not include the appraisal of a subdivision for which a development analysis or appraisal is necessary.

3. State-licensed real estate appraisers consisting of those persons meeting the requirements for licensing relating to appraisal or appraisal review of noncomplex one to four residential units having a value of less than $1,000,000 and complex one to four residential units having a value of less than $400,000. The classification includes the appraisal for nonfederally related transactions of vacant or unimproved land that is used for one to four family purposes or for which the highest and best use is for one to four family purposes. This classification does not include the appraisal of subdivisions for which a development analysis or appraisal is necessary.

4. Registered trainee appraisers who may not appraise any property type without being subject to the direct control and supervision of the registered trainee appraiser's designated supervisory appraiser.

5. Supervisory appraisers.
A.R.S. § 32-2614 — Arizona Code / Title 32 / Chapter 26 / Article 2 / Section 2614
32-2614 Issuance of agency licenses and identification cards; deadline for completing application
Status: in_force

32-2614. Issuance of agency licenses and identification cards; deadline for completing application

A. The department shall issue an agency license under this article to any applicant who satisfactorily complies with this chapter. Each agency license shall contain the name and address of the licensee and the number of the license and shall be issued for a period of four years.

B. On the issuance of an agency license, an identification card as described in section 32-2633 shall be issued to the licensee if an individual, or if the licensee is other than an individual, to the licensee's qualifying party, associates, resident managers and each of the licensee's resident officers, associates, directors and partners.  The identification card is evidence that the licensee is duly licensed pursuant to this chapter. If any person to whom the identification card of an agency licensee, other than an individual, is issued terminates the person's position, office or association with the licensee, the person shall surrender the identification card to the licensee and within five business days the licensee shall mail or deliver the identification card to the director for cancellation.  If the person fails or refuses to surrender the identification card to the licensee, the licensee shall notify the director within five business days of the termination of the person's position, office or association with the licensee.

C. On notification by the department to an applicant that the agency license is ready for issuance, the applicant shall complete the application process within ninety calendar days.  Failure to complete the process results in the application being canceled, and the applicant forfeits all fees. Subsequent application by the same applicant requires the payment of all application and license fees prescribed pursuant to section 32-2607.

D. A licensee, within thirty calendar days, shall notify the department in writing of any change in the name or address of the business or any change of associates or directors.
A.R.S. § 32-1521 — Arizona Code / Title 32 / Chapter 14 / Article 2 / Section 1521
32-1521 Persons and acts not affected by this chapter
Status: in_force

32-1521. Persons and acts not affected by this chapter

This chapter does not apply to:

1. The lawful practice of any other method, system or science of healing by a person licensed under the laws of this state.

2. Any student of naturopathic medicine in the course of taking an approved clinical training program. This exemption does not exempt the student from article 3 of this chapter.

3. Any out-of-state physician licensed by another state or country, if in consultation requested by a doctor of naturopathic medicine.

4. A person who is not licensed or certified by the board and who sells food articles to supplement the diet of a person or who sells a natural substance that does not require a prescription.

5. A person who is a graduate of an approved school of naturopathic medicine and has been awarded the degree of doctor of naturopathic medicine and who, in the course of taking an approved internship training program, an approved preceptorship training program or an approved postdoctoral training program under the direct supervision of a physician, complies with the application requirements of this chapter for the training program and pays the required fees. This exemption does not exempt that person from article 3 of this chapter.
A.R.S. § 32-3108 — Arizona Code / Title 32 / Chapter 31 / Article 1 / Section 3108
32-3108 Grievance process; public testimony
Status: in_force

32-3108. Grievance process; public testimony

Notwithstanding any law to the contrary, a regulatory entity shall allow a person or a representative of a person who has made a complaint or a person or a representative of a person against whom a complaint has been made attending a board disciplinary meeting open to the public to address the board on that complaint on the agenda by filling out a request form before or at the time of the meeting.
A.R.S. § 32-2114 — Arizona Code / Title 32 / Chapter 20 / Article 1 / Section 2114
32-2114 Recorded disclosure for land under a military training route or restricted air space
Status: in_force

32-2114. Recorded disclosure for land under a military training route or restricted air space

A. The commissioner shall execute and record in the office of the county recorder in each county in this state that includes land under a military training route as defined in section 28-8461 and as delineated in the military training route map prepared by the state land department pursuant to section 37-102 a document, applicable to land under a military training route as delineated in the military training route map, disclosing that the land is under a military training route.

B. The commissioner shall execute and record in the office of the county recorder in each county in this state that includes land under restricted air space as delineated in the restricted air space map prepared by the state land department pursuant to section 37-102 a document, applicable to land under restricted air space as delineated in the restricted air space map, disclosing that the land is under restricted air space.

C. If a military training route changes and people who were notified pursuant to subsection A of this section no longer have property under a military training route as delineated in the military training route map, the commissioner shall execute and record in the office of the county recorder in the county in which the property is located a document disclosing that the land is not under a military training route.

D. If restricted air space changes and people who were notified pursuant to subsection B of this section no longer have property under restricted air space as delineated in the restricted air space map, the commissioner shall execute and record in the office of the county recorder in the county in which the property is located a document disclosing that the land is not under restricted air space.

E. The attorney general shall prepare in recordable form the documents that are executed and recorded by the commissioner pursuant to this section.

F. The documents that are executed and recorded by the commissioner pursuant to this section shall include a legal description of the military training route as delineated in the military training route map and a legal description of the restricted air space as delineated in the restricted air space map.
A.R.S. § 32-1666.01 — Arizona Code / Title 32 / Chapter 15 / Article 3 / Section 1666.01
32-1666.01 Cease and desist orders; injunctive relief
Status: in_force

32-1666.01. Cease and desist orders; injunctive relief

A. In addition to all other remedies, when it appears to the board, either upon complaint or otherwise, that any person or nursing program has violated this chapter or any rule or order of the board, the board may do either of the following:

1. Serve by certified mail or personal service a cease and desist order.

2. Through the attorney general or the county attorney of the county in which the violation is alleged to have occurred, apply to the superior court in that county for an injunction.

B. The court shall issue a temporary restraining order, a preliminary injunction or a permanent injunction without bond.

C. Service of process may be in any county of this state where the violator is found or is operating.
A.R.S. § 32-2528 — Arizona Code / Title 32 / Chapter 25 / Article 2 / Section 2528
32-2528 Inactive license; application; prohibited activities
Status: in_force

32-2528. Inactive license; application; prohibited activities

A. A person who holds a regular license pursuant to this chapter may request an inactive license from the board if both of the following are true:

1. The licensee is not under investigation by the board.

2. The board has not begun disciplinary proceedings against the licensee.

B. The board may grant an inactive license and shall waive the annual renewal fee and requirements for continuing medical education if the person certifies total retirement from the performance of health care tasks in this state, any jurisdiction of the United States and any foreign country and is current on all fees required by this chapter.

C. An inactive licensee shall not perform health care tasks.

D. The board may convert an inactive license to a regular license on payment of the annual renewal fee and presentation of evidence to the board that the holder possesses the medical knowledge and the physical and mental ability to safely engage in the performance of health care tasks. The board may require any combination of physical examination, psychiatric or psychological evaluation, oral competency examination or a board qualified written examination or interview it believes necessary to assist it in determining the ability of a physician assistant who holds an inactive license to return to regular licensure.
A.R.S. § 32-1871 — Arizona Code / Title 32 / Chapter 17 / Article 4 / Section 1871
32-1871 Dispensing of drugs and devices; conditions; exception; civil penalty
Status: in_force

32-1871. Dispensing of drugs and devices; conditions; exception; civil penalty

A. Except as provided in subsections B and F of this section, an osteopathic physician may dispense drugs and devices kept by the physician if:

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

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

(b) The date the drug is dispensed.

(c) The patient's name.

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

2. The dispensing physician enters into the patient's medical record the name and strength of the drug dispensed, the date the drug is dispensed and the therapeutic reason.

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

4. The dispensing physician annually registers with the board to dispense drugs and devices.

5. The dispensing physician pays the registration fee prescribed by the board pursuant to section 32-1826.  This paragraph does not apply if the physician is dispensing in a nonprofit practice and neither the patient nor a third party pays or reimburses the physician or the nonprofit practice for the drugs or devices dispensed.

6. The dispensing physician labels dispensed drugs and devices and stores them according to rules adopted by the board.

B. An osteopathic physician may not dispense a schedule II controlled substance that is an opioid, except for an implantable device or an opioid that is for medication-assisted treatment for substance use disorders.

C. Except in an emergency situation, a physician who dispenses drugs without being registered by the board to do so is subject to a civil penalty by the board of at least $300 and not more than $1,000 for each transaction and is prohibited from further dispensing for a period of time as prescribed by the board.

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

E. Except as provided in subsection F of this section, a physician shall dispense only to the physician's patient and only for conditions being treated by that physician.

F. A physician who dispenses not more than a two-day supply of a noncontrolled substance medication that is kept by a health care institution may dispense the noncontrolled substance medication under the dispensing registration of the medical director of the health care institution's emergency department or satellite emergency department and is not required to register to dispense medications pursuant to this section if both of the following apply:

1. The physician dispenses only to patients of the health care institution's emergency department or satellite emergency department for conditions diagnosed or treated at the emergency department or satellite emergency department.

2. The physician works only at the health care institution's emergency department or satellite emergency department.

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

H. If a physician fails to renew a registration to dispense or ceases to dispense for any reason, within thirty days that physician must notify the board in writing of the remaining inventory of drugs and devices and the manner in which they were disposed.
A.R.S. § 32-2205; Version 2 — Arizona Code / Title 32 / Chapter 21 / Article 1 / Section 2205; Version 2
32-2205; Version 2 Veterinary medical examining board fund
Status: in_force

32-2205. Veterinary medical examining board fund

(L24, Ch. 222, sec. 34.  Eff. 7/1/28)

A. The veterinary medical examining board fund is established. Pursuant to sections 35-146 and 35-147, the board shall deposit ten percent of all fees and other revenue accruing to the board in the state general fund and deposit the remaining ninety percent in the veterinary medical examining board fund.

B. All monies deposited in the veterinary medical examining board fund are subject to section 35-143.01.
A.R.S. § 32-2213 — Arizona Code / Title 32 / Chapter 21 / Article 2 / Section 2213
32-2213 Application for license; retention of examination materials
Status: in_force

32-2213. Application for license; retention of examination materials

A. A person desiring to practice veterinary medicine or surgery, including as a faculty member at a veterinary college, shall apply in writing to the board for a license to practice. The application shall be on a form provided by the board and shall require the following information:

1. The name, age and address of the applicant.

2. The names of schools of veterinary medicine that the applicant attended, the dates of attendance and the date of transfer.

3. The degrees held from schools of veterinary medicine.

4. The location and length of time in active practice in other states or territories of the United States, if any, and whether or not the applicant is in good standing in each location of practice.

5. An affidavit that the facts recited in the application are accurate, true, and complete.

6. An affidavit that no complaint has been filed and is pending, no investigation is pending and no disciplinary action has been taken or is pending on any veterinary license the applicant holds from another state.

7. For a veterinary faculty member license application, documentation from an authorized official of a veterinary college in this state that shows that the applicant has been appointed to the faculty of that veterinary college.

8. Any other information that is required by rules adopted by the board.

B. All examination papers, tapes, questions and answers shall be maintained in accordance with a retention schedule approved by the Arizona state library, archives and public records.
A.R.S. § 32-3609 — Arizona Code / Title 32 / Chapter 36 / Article 1 / Section 3609
32-3609 Confidential records
Status: in_force

32-3609. Confidential records

Except as otherwise provided by law, the following records are confidential:

1. Questions contained in any examination administered by or for the deputy director or in any examination submitted to the deputy director for course approval.

2. Questions asked and the answers of individual examinees, except that the deputy director shall provide the grades of each examinee for public inspection and copying.

3. Appraisal reports or appraisal reviews and supporting documentation deemed confidential under the uniform standards of professional appraisal practice.

4. All documents associated with a complaint as prescribed by section 6-129.
A.R.S. § 32-2181.03 — Arizona Code / Title 32 / Chapter 20 / Article 4 / Section 2181.03
32-2181.03 Lot reservations; expiration
Status: reserved

32-2181.03. Lot reservations; expiration

A. The notice of intent required by section 32-2181, subsection A or section 32-2195, subsection B and the issuance of a public report required by section 32-2183, subsection A or section 32-2195.03, subsection A are not required for any party to enter into a lot reservation on property located in this state.

B. Before the issuance of a public report, a deposit may be accepted from a prospective buyer as a lot reservation if all of the following requirements are met:

1. Before accepting any lot reservation, the prospective seller shall mail or deliver written notice of the seller's intention to accept lot reservations to the department. The notice shall include:

(a) The name, address and telephone number of the prospective seller.

(b) The name, address and telephone number of any real estate broker retained by the prospective seller to promote the lot reservation program.

(c) The name and location of the project for which lot reservations are to be offered.

(d) The form to be used for accepting lot reservations, subject to approval by the commissioner.

2. The reservation deposit for a single lot or parcel shall not exceed five thousand dollars.

3. Within one business day after a reservation is accepted by the prospective seller, the reservation deposit shall be delivered to an escrow agent licensed pursuant to title 6, chapter 7 and deposited by the escrow agent in a depository insured by an agency of the United States. The escrow account may be interest bearing at the direction of either the prospective seller or prospective buyer. Payment of any account fees and payment of interest monies shall be as agreed to between the prospective buyer and prospective seller. All reservation deposits shall remain in an escrow account until cancellation or termination of the lot reservation or execution of a purchase contract.

4. Within fifteen calendar days of receipt by the prospective seller of the public report issued by the commissioner relative to the reserved lot or parcel, the prospective seller shall provide the prospective buyer with a copy of the public report and a copy of the proposed purchase contract for the sale of the lot or parcel. The prospective buyer and prospective seller have seven business days after the prospective buyer's receipt of the public report and the proposed purchase contract within which to enter into a contract for the purchase of the lot or parcel. If the prospective buyer and prospective seller do not enter into a contract for the purchase of the lot or parcel within the seven business day period, the reservation automatically terminates. The prospective seller has no cancellation rights other than as provided in this paragraph.

5. A prospective buyer may cancel a lot reservation at any time before the execution of a purchase contract by delivering written notice of termination to the prospective seller.

6. Within five business days after a lot reservation has been terminated for any reason, the prospective seller shall refund to the prospective buyer all reservation deposits made by the prospective buyer including any interest monies earned less any account fees agreed upon, if applicable. The escrow agent shall refund to the prospective buyer all reservation deposits made by the prospective buyer including any interest monies earned less any account fees agreed upon if the prospective seller is not available. After this refund neither the prospective buyer nor the prospective seller has any obligation to the other arising out of the lot reservation.

7. A prospective buyer may not transfer rights under a reservation without the prior written consent of the prospective seller, and any purported transfer without the consent of the prospective seller is voidable at the sole discretion of the prospective seller.

8. If the department denies an application for a public report on the development on which lot reservations were taken, within five business days of notification by the department, the prospective seller shall notify in writing each prospective buyer who entered into a lot reservation agreement. The prospective seller shall return any reservation deposits previously taken.

9. All notices required by this section to be given to the department, the prospective buyer or the prospective seller shall be in writing and either hand delivered or sent by certified mail, return receipt requested, with postage fully prepaid. Notices sent by mail are deemed delivered on the earlier of actual receipt, as evidenced by the delivery receipt, or seven calendar days after being deposited in the United States mail.

10. Each lot reservation form shall contain the following statement:

The state real estate department has not inspected or approved this project and no public report has yet been issued for the project. No offer to sell may be made and no offer to purchase may be accepted before issuance of a public report for the project.

C. The commissioner may deny authorization to accept lot reservations under this section to any person who has violated or is in violation of any provision of this chapter.

D. The authority to take lot reservations under this section expires two years after the date the commissioner receives notice of the intent to take lot reservations from a developer.
A.R.S. § 32-934 — Arizona Code / Title 32 / Chapter 8 / Article 2 / Section 934
32-934 Business entities; registration; fees; medical records protocol; civil penalty; exemptions; violation; classification
Status: in_force

32-934. Business entities; registration; fees; medical records protocol; civil penalty; exemptions; violation; classification

A. A business entity may not offer chiropractic services pursuant to this chapter unless:

1. The entity is registered with the board pursuant to this section and rules adopted pursuant to this chapter.

2. The services are conducted by a doctor of chiropractic who is licensed pursuant to this chapter.

B. The business entity must file a registration application and pay a fee as prescribed by the board by rule.

C. Registration expires on June 1 of each year.  A business entity that wishes to renew a registration must submit an application for renewal as prescribed by the board on an annual basis before the expiration date and pay a renewal fee as prescribed by the board by rule. The board shall prorate the renewal fee for the first year registration renewal based on the first day of the month that the business entity was registered with the board.  An entity that fails to renew the registration before the expiration date is subject to a late fee as prescribed by the board by rule.

D. A business entity must notify the board in writing within thirty days after any change:

1. In the entity's name, address or telephone number.

2. In the entity's officers or directors.

3. In the name of any doctor of chiropractic who is authorized to provide and who is responsible for providing or supervising the provision of chiropractic services in any facility.

E. The board shall impose a civil penalty as prescribed by the board by rule on a business entity that does not notify the board as required by subsection D of this section.

F. A business entity must comply with this chapter and board rules.

G. A business entity must establish a written protocol for the secure storage, transfer and access of the medical records of the business entity's patients.  This protocol must include, at a minimum, procedures for:

1. Notifying patients of the future locations of their records if the business entity terminates or sells the practice.

2. Disposing of unclaimed medical records.

3. The timely response to requests by patients or their representatives for copies of their records.

H. A business entity must notify the board within thirty days after the entity's dissolution or the closing or relocation of any facility and must disclose to the board the entity's procedure by which its patients may obtain their records.

I. The board may impose discipline consistent with this chapter if an entity violates any statute or board rule.

J. The board shall deposit, pursuant to sections 35-146 and 35-147, civil penalties collected pursuant to this section in the state general fund.

K. This section does not apply to:

1. A facility owned by a person who is licensed pursuant to this chapter.

2. A sole proprietorship or partnership that consists of persons who are licensed pursuant to this chapter.

3. A professional corporation or professional limited liability company, the shares of which are owned by persons who are licensed pursuant to this chapter.

4. An administrator or executor of the estate of a deceased doctor of chiropractic or a person who is legally authorized to act for a doctor of chiropractic who has been adjudicated to be mentally incompetent for not more than one year after the date of the doctor of chiropractic's death or incapacitation.

5. A health care institution that is licensed pursuant to title 36.

6. A health professional who is not licensed pursuant to this chapter but who acts within the scope of practice as prescribed by the health professional's regulatory board.

L. A business entity that offers chiropractic services pursuant to this chapter without complying with the registration requirements of this section is guilty of a class 6 felony.
A.R.S. § 32-1522 — Arizona Code / Title 32 / Chapter 14 / Article 2 / Section 1522
32-1522 Basic qualifications for license
Status: in_force

32-1522. Basic qualifications for license

A. To be eligible for a license to practice naturopathic medicine pursuant to this chapter, the applicant shall:

1. Be a graduate of an approved school of naturopathic medicine.

2. Have satisfactorily completed an approved internship, preceptorship or clinical training program in naturopathic medicine.

3. Be physically and mentally fit to practice as a doctor of naturopathic medicine.

4. Not be guilty of any act of unprofessional conduct or any other conduct that would be grounds for refusal, suspension or revocation of a license under this chapter.

5. Not have had a license to practice any profession refused, revoked or suspended by any other state, district or territory of the United States or another country for reasons that relate to the applicant's ability to skillfully and safely practice as a physician in this state.

6. File a completed application pursuant to section 32-1524 and meet the examination requirements provided for in section 32-1525.

B. The board may:

1. Require an applicant to submit credentials or other written or oral proof.

2. Make investigations it deems proper to adequately advise itself with respect to the qualifications of an applicant.

C. Within ninety days after it receives a completed application for initial licensure, the board shall issue a license if the application demonstrates to the board's satisfaction that the applicant complies with this chapter and board rules.
A.R.S. § 32-2172 — Arizona Code / Title 32 / Chapter 20 / Article 3.1 / Section 2172
32-2172 Scope of article
Status: in_force

32-2172. Scope of article

This article supersedes all provisions of law and rules that relate to property management.
A.R.S. § 32-1665 — Arizona Code / Title 32 / Chapter 15 / Article 3 / Section 1665
32-1665 Rehearing; judicial review
Status: in_force

32-1665. Rehearing; judicial review

A. Any person aggrieved by an order of the board denying a license, approval or certificate and any regulated party who is aggrieved by a disciplinary order of the board may file a motion for rehearing or review pursuant to title 41, chapter 6, article 10.

B. 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. § 32-930 — Arizona Code / Title 32 / Chapter 8 / Article 2 / Section 930
32-930 Chiropractic assistant
Status: in_force

32-930. Chiropractic assistant

Nothing in this chapter shall be construed to prevent a chiropractic assistant from assisting a doctor of chiropractic pursuant to rules adopted by the board except the chiropractic specialty of acupuncture by needle insertion.
A.R.S. § 32-2218 — Arizona Code / Title 32 / Chapter 21 / Article 2 / Section 2218
32-2218 License renewal and reinstatement
Status: in_force

32-2218. License renewal and reinstatement

A. Except as provided in subsection D of this section or section 32-4301, a license issued under this chapter remains in effect until December 31 of every even-numbered year unless it is suspended or revoked. Except as provided in section 32-4301, on submittal of an application for renewal and payment of a renewal fee, a license is renewed for two years.

B. Failure to pay the license fee before February 1 following expiration of the license shall be a forfeiture of the license, and the license shall not be restored except upon written application to the board and payment of a penalty fee of fifty dollars in addition to all regular license fees and past due fees owed to the board. A person applying for reinstatement of a license within thirty-six months of expiration shall not be required to submit to an examination because of failure to pay the license fee, but it is unlawful for a person to practice veterinary medicine or any branch of veterinary medicine during the period in which the person's license has been forfeited by reason of nonpayment of the license fee. If an applicant for reinstatement of a license has not completed the continuing education requirements, a license may be reinstated if the continuing education requirements are completed within six months of reinstatement. A person who does not apply for reinstatement within thirty-six months after expiration of the license must meet the requirements set forth in sections 32-2213, 32-2214 and 32-2215.

C. An application for renewal shall include a signed statement that no complaint has been filed and is pending, no investigation is pending and no disciplinary action has been taken or is pending on any veterinary license the veterinarian holds from another state.

D. A veterinary faculty member license issued under this chapter remains in effect until December 31 of every even-numbered year unless it is suspended or revoked or unless the licensee is no longer employed by the veterinary college.  If the licensee is no longer employed by the veterinary college, the license expires on the date of the separation of employment.
A.R.S. § 32-1385 — Arizona Code / Title 32 / Chapter 12 / Article 4 / Section 1385
32-1385 Retention of records
Status: in_force

32-1385. Retention of records

A funeral establishment shall maintain copies of consumer price lists, outer burial container price lists, casket price lists, statements of funeral goods and services and any other documents related to the arrangement or direction of funeral or embalming services for three years after the date that the documents were prepared by or on behalf of the establishment.
A.R.S. § 32-2276 — Arizona Code / Title 32 / Chapter 21 / Article 6 / Section 2276
32-2276 Retention of jurisdiction
Status: in_force

32-2276. Retention of jurisdiction

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

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

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

3. Assess a civil penalty pursuant to section 32-2233 or section 32-2237, subsection E.
A.R.S. § 32-3638 — Arizona Code / Title 32 / Chapter 36 / Article 3 / Section 3638
32-3638 Violation; classification
Status: in_force

32-3638. Violation; classification

Any person who performs a real estate appraisal or appraisal review, who is not licensed or certified under this chapter and who knowingly assumes or uses any title, designation or abbreviation likely to create the impression of licensure or certification by this state or any person who knowingly provides false or fraudulent information to the deputy director is guilty of a class 1 misdemeanor.
A.R.S. § 32-1928 — Arizona Code / Title 32 / Chapter 18 / Article 2 / Section 1928
32-1928 Hearings; restraining order; judicial review
Status: in_force

32-1928. Hearings; restraining order; judicial review

A. Except as provided in subsection B of this section, a license shall be denied, revoked or suspended or a pharmacist or pharmacy intern shall be placed on probation or censured and a civil penalty imposed only after due notice and a hearing pursuant to title 41, chapter 6, article 10.  A licensee shall respond in writing to the board when the licensee receives notice of the hearing.

B. If the board has reasonable grounds to believe and finds that the licensee has been guilty of deliberate and wilful violations, or that the public health, safety and welfare imperatively require immediate action, and incorporates a finding to that effect in its order, the board may order a summary suspension of the license pending a hearing.  If the board issues an order of summary suspension, it shall serve the licensee with written notice of the complaint and hearing setting forth the charges and informing the licensee of the licensee's right to the hearing.  The board shall institute the hearing within ten days after ordering the summary suspension. Service shall be by personal service as provided by the Arizona rules of civil procedure.

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.

D. With or without conditions, the board may reinstate the license of any pharmacist or pharmacy intern that it has placed on probation or whose license it has suspended or revoked.
A.R.S. § 32-123 — Arizona Code / Title 32 / Chapter 1 / Article 2 / Section 123
32-123 Application for registration and certification; denial; hearing
Status: in_force

32-123. Application for registration and certification; denial; hearing

A. A person desiring to practice any board-regulated profession or occupation shall apply for registration or certification on a form prescribed by the board, subscribed under penalty of perjury and accompanied by the appropriate application fee prescribed by the board. If the evidence submitted satisfies the board that the applicant is fully qualified to practice the profession or occupation for which registration or certification is asked, the board or the executive director as authorized by the board shall grant the applicant a certificate of registration or certification, signed by the chairman and secretary and attested by the official seal. If the applicant seeks registration as a professional engineer, the certificate of registration shall list the proficiency designation in the branch of engineering in which the applicant has demonstrated proficiency.

B. A registered professional engineer who desires to practice land surveying shall apply for professional registration as a land surveyor and satisfy the requirements set forth in section 32-122.01.

C. If in the judgment of the board the applicant has not furnished satisfactory evidence of qualifications for registration or certification, it may require additional data or may require the applicant to submit to an additional oral or written examination specified by the board in its rules.

D. An applicant whose application is denied may request a formal hearing pursuant to title 41, chapter 6, article 10.  If the application is granted after a formal hearing, the application fee shall be returned.
A.R.S. § 32-2802 — Arizona Code / Title 32 / Chapter 28 / Article 1 / Section 2802
32-2802 Advisory committee; members; appointment; terms; compensation; meetings; removal; employees; immunity
Status: in_force

32-2802. Advisory committee; members; appointment; terms; compensation; meetings; removal; employees; immunity

A. The director shall appoint an advisory committee to collaborate with and assist the director in performing the duties prescribed in this chapter.  The director shall inform the advisory committee regarding all disciplinary actions. In addition to the director who serves as chairperson, the advisory committee shall include:

1. Four members who are practicing radiologic technologists, who have at least five years' experience and who hold radiologic technology certificates issued pursuant to this chapter.

2. Two public members. Only a person who has never been a member, or the spouse of a member, of a health care delivery profession and who has never had a material financial interest in providing health care or in a directly related activity is eligible to be a public member of the advisory committee.

3. Two members who are licensed practitioners, one of whom is a radiologist.

4. One member who is a practical technologist in radiology, who has at least five years' experience and who is a current license holder.

5. One member who is a practicing nuclear medicine technologist, who has at least five years' experience in that field and who holds an active certificate issued pursuant to this chapter.

B. All advisory committee members serve a term of three years to begin and end on the third Monday of January in the appropriate year. The director shall fill a vacancy that occurs before the expiration of a term for the unexpired term.

C. Each advisory committee member is eligible to receive compensation as determined pursuant to section 38-611.

D. The advisory committee shall meet at least once every six months at times and places determined by the advisory committee.  Special meetings also may be held at such times as the advisory committee may decide or on the call of the chairperson. A written notice of the time, place and purpose of any special meeting shall be mailed to all members of the advisory committee.

E. The department may provide additional professional, technical, secretarial and clerical assistance as the advisory committee may require to carry out its functions.

F. The advisory committee shall hold examinations for applicants for certificates pursuant to this chapter at least once every six months, at times and places as the advisory committee may determine.

G. The director may terminate the term of an advisory committee member and declare the position vacant if the member fails to attend three consecutive advisory committee meetings.

H. The advisory committee may hire practicing radiologic technologists and other medical specialists to assist it in preparing and administering examinations. These specialists shall receive the same compensation as advisory committee members.

I. The advisory committee may employ temporary and permanent personnel necessary to carry out the purposes of this chapter.

J. Advisory committee members, advisory committee staff and advisory committee examiners are personally immune from suit for all actions taken in good faith in furtherance of the purposes of this chapter.
A.R.S. § 32-2125.02 — Arizona Code / Title 32 / Chapter 20 / Article 2 / Section 2125.02
32-2125.02 Nonresident licensees; service of process; employment
Status: in_force

32-2125.02. Nonresident licensees; service of process; employment

A. An application for and acceptance of a license as a nonresident salesperson or broker shall be deemed to constitute irrevocable appointment of the commissioner as the agent or attorney in fact of the licensee for the acceptance of service of process issued in this state in any action or proceeding against the licensee arising out of the licensing, out of transactions under the license or in any action that may result in payment from the real estate recovery fund.

B. Duplicate copies of any process shall be served on the commissioner. The plaintiff at the time of service shall pay the commissioner $15, taxable as costs in the action. On receiving this service the commissioner shall promptly forward a copy of the service by certified mail to the licensee at the licensee's last address of record with the commissioner. Process served on the commissioner pursuant to this subsection constitutes service of process on the licensee as though the licensee were personally served with the process in this state.

C. A nonresident licensee shall accept employment or compensation as a nonresident licensee only under section 32-2155 and only from a broker who is actively licensed in this state.

D. A nonresident broker shall maintain in this state the records required by section 32-2151.01 and shall notify the commissioner of the address where the records are kept or may use online recordkeeping if the data is backed up and the nonresident broker notifies the department of the name of and contact information for the online recordkeeping provider.

E. Pursuant to section 32-4302, a broker license or salesperson license applicant who does not reside in this state is required to successfully pass the portion of the examination that is specific to this state's real estate practice and laws.

F. The commissioner may adopt rules necessary for the regulation of nonresident licensees.
A.R.S. § 32-2125.03 — Arizona Code / Title 32 / Chapter 20 / Article 2 / Section 2125.03
32-2125.03 Confidentiality of licensee's residential address, electronic mail address, residential telephone number and social security number
Status: in_force

32-2125.03. Confidentiality of licensee's residential address, electronic mail address, residential telephone number and social security number

A. Notwithstanding any other law, a licensee's or applicant's residential address or residential telephone number maintained by the department shall not be available to the public unless the commissioner determines that disclosure of the residential address or residential telephone number, or both, serves the interests of justice and is in the public interest.

B. A licensee's or applicant's electronic mail address shall not be released or made available for inspection to any person other than a court or a governmental agency that will use the electronic mail address for a legitimate court or governmental purpose.

C. The residential address, electronic mail address and residential telephone number of a licensee whose license is placed on inactive status are confidential unless the commissioner determines that disclosure of the addresses and telephone number serves the interests of justice and is in the public interest.

D. The department may not release a licensee's social security number or make a licensee's social security number available for inspection by any person other than a court or a governmental agency that will use the information for a legitimate governmental purpose.
A.R.S. § 32-1826 — Arizona Code / Title 32 / Chapter 17 / Article 2 / Section 1826
32-1826 Fees; penalty
Status: in_force

32-1826. Fees; penalty

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

1. For an application to practice osteopathic medicine, four hundred dollars.

2. For issuance of a license, two hundred dollars, prorated by each month remaining in the calendar year of issuance.

3. For biennial renewal of a license, eight hundred dollars.

4. For locum tenens registration or extension, three hundred dollars.

5. For issuance of a duplicate license, one hundred dollars.

6. For an annual training permit for an approved postgraduate training program or short-term residency program, one hundred dollars.

7. For an annual teaching license issued pursuant to section 32-1831, four hundred dollars.

8. For a five-day educational teaching permit at an approved school of medicine or at an approved teaching hospital's accredited graduate medical education program, two hundred dollars.

9. For the sale of a computerized format of the board's licensee directory that does not require programming, one hundred dollars.

10. For initial and annual registration to dispense drugs and devices, two hundred fifty dollars, prorated by each month remaining in the calendar year of issuance.

B. The board shall charge a one hundred fifty dollar penalty fee for late renewal of a license and a twenty-five dollar reimbursement fee to cover the board's expenses in collecting late renewal fees. The board shall deposit this fee in the board fund.

C. The board may charge additional fees for services the board determines are necessary and appropriate to carry out this chapter.  These fees shall not exceed the actual cost of providing the services.
A.R.S. § 32-1556 — Arizona Code / Title 32 / Chapter 14 / Article 3 / Section 1556
32-1556 Prosecution for violations
Status: in_force

32-1556. Prosecution for violations

The county attorney of each county shall prosecute all persons charged with violating section 32-1555, but the board may retain its own attorney or investigators to aid in prosecuting a violator. If the board obtains investigators or legal assistance to prosecute or aid in the prosecution for a violation of this chapter, payment for these services shall be made from the naturopathic physicians medical board fund.
A.R.S. § 32-1985 — Arizona Code / Title 32 / Chapter 18 / Article 3.1 / Section 1985
32-1985 Injunctive relief
Status: in_force

32-1985. Injunctive relief

The board, through the appropriate county attorney or the office of the attorney general, may apply for injunctive relief in any court of competent jurisdiction or enjoin any person from committing any act in violation of this article.  Injunctive proceedings are in addition to all penalties and other remedies prescribed in this chapter.
A.R.S. § 32-1158 — Arizona Code / Title 32 / Chapter 10 / Article 3 / Section 1158
32-1158 Contract requirements; provision of documents and receipt at contract signing
Status: in_force

32-1158. Contract requirements; provision of documents and receipt at contract signing

A. Any contract in an amount of more than $1,000 entered into between a contractor and the owner of a property to be improved shall contain in writing at least the following information:

1. The name of the contractor and the contractor's business address and license number.

2. The name and mailing address of the owner and the jobsite address or legal description.

3. The date the parties entered into the contract.

4. The estimated date of completion of all work to be performed under the contract.

5. A description of the work to be performed under the contract.

6. The total dollar amount to be paid to the contractor by the owner for all work to be performed under the contract, including all applicable taxes.

7. The dollar amount of any advance deposit paid or scheduled to be paid to the contractor by the owner.

8. The dollar amount of any progress payment and the stage of construction at which the contractor will be entitled to collect progress payments during the course of construction under the contract.

9. That the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. The contract shall contain the registrar's telephone number and website address and shall state that complaints must be made within the applicable time period as set forth in section 32-1162, subsection A.  The information in this paragraph must be prominently displayed in the contract in at least ten-point bold type, and the contract shall be signed by the property owner and the contractor or the contractor's designated representative. This paragraph does not apply to a person who is subject to and complies with section 12-1365.

B. When a contractor and an owner sign a contract, the contractor shall provide the owner with a legible copy of all documents signed and a written and signed receipt for and in the true amount of any cash paid to the contractor by the owner.

C. The requirements of this section are not prerequisites to the formation or enforcement of a contract. Failure to comply with the requirements of this section does not constitute a defense by either party to an action for compensation, damages, breach, enforcement or other cause of action based on the contract.
A.R.S. § 32-1133 — Arizona Code / Title 32 / Chapter 10 / Article 2.1 / Section 1133
32-1133 Civil recovery; statute of limitations
Status: in_force

32-1133. Civil recovery; statute of limitations

A. An action for a judgment that may subsequently result in an order for collection from the residential contractors' recovery fund may not be commenced later than two years after the date of the commission of the act by the contractor that is the cause of the injury or from the date of occupancy.

B. When a claimant commences an action for a judgment that may result in collection from the fund, the claimant must notify the registrar in writing to this effect within thirty calendar days after the commencement of the action. The registrar at any time may intervene in and defend the action.

C. When any claimant recovers a valid judgment against any residential contractor for an act, representation, transaction or conduct that is in violation of this chapter or the rules adopted pursuant to this chapter, the claimant, on twenty days' written notice to the registrar, may apply to the court for an order directing payment out of the fund, of the amount unpaid on the judgment, subject to the limits stated in this article. If the claimant fails to notify the registrar within thirty calendar days after commencement of the action as required by this subsection, the court may direct payment out of the fund on receipt of a consent to payment signed on behalf of the registrar.  If the claimant gives notice to the registrar as required by this subsection, the court may direct payment out of the fund either on receipt of a consent to payment signed on behalf of the registrar or, in the absence of any written consent, after the notice period required by this subsection. If the court receives written objections by the registrar, the court may not direct payment from the fund without affording the registrar a reasonable opportunity to present and support the registrar's objections.

D. The court may proceed on an application in a summary manner and, on the hearing, the claimant is required to show that the claimant has done all of the following:

1. Given notice as required by subsections B and C of this section.

2. Obtained a judgment that has become final, as provided in subsection C of this section, stating the amount and the amount owing at the date of the application.

3. Proceeded against any existing bond covering the residential contractor.

E. The court may make an order directed to the registrar requiring payment from the fund of whatever sum it finds to be payable on the claim, in accordance with this section, if the court is satisfied on the hearing of the truth of all matters required to be shown by the claimant by subsection D of this section.  The recovery limits established under this article apply to all judgments awarded beginning September 1, 2002. If the claimant has recovered a portion of the claimant's loss from sources other than the fund, the court shall deduct the amount recovered from other sources from the amount of actual damages suffered pursuant to section 32-1132.01, subsection A and direct the difference, not to exceed $30,000, to be paid from the fund.

F. On receipt of a certified copy of the order specified in subsection E of this section, the registrar may authorize payment from the residential contractors' recovery fund even if an appeal has been instituted but not completed.
A.R.S. § 32-2175 — Arizona Code / Title 32 / Chapter 20 / Article 3.1 / Section 2175
32-2175 Property management records; requirements; audits
Status: in_force

32-2175. Property management records; requirements; audits

A. Property management firms shall keep a residential rental agreement, including any lease amendments and addenda, and related residential rental agreement documents for one year after the expiration of the rental agreement or until the rental agreement and related documents are given to the owner at the termination of any property management agreement.  For the purposes of this subsection, related documents may include copies of any of the following:

1. Rental applications with tenant-identifying information.

2. Move-in forms.

3. Default notices.

B. Property management firms shall keep records of all finder fees that are paid to tenants for three years after the payment is made or until the records are given to the owner at the termination of the property management agreement.

C. Property management firms shall keep all financial records pertaining to clients for at least three years from the date each document was executed, including bank statements, canceled checks or bank generated check images, deposit slips, bank receipts, receipts and disbursement journals, owner statements, client ledgers and applicable bills, invoices and statements.

D. Only the designated broker or the broker's authorized real estate licensee, on behalf of the broker, may sign nonresidential rental agreements. The broker shall execute in writing and shall file any delegation of authority in the broker's employee file. Fully executed residential lease agreements are not required to be reviewed and initialed.

E. The property management firms shall consecutively number or file all signed property management agreements in compliance with a system that is orderly, easily accessible by the commissioner or the commissioner's representative and consistent with generally accepted professional standards of the industry for that type of real estate.

F. Property management firms shall maintain each nonresidential real estate lease agreement and the transaction folder in which it is kept in a chronological log or other systematic manner that is easily accessible by the commissioner or the commissioner's representatives. For nonresidential lease transactions, transaction folders shall contain:

1. Confirmation that the deposits or other monies that were handled by or through the broker were handled according to instructions given by or agreed on by the parties to the transaction.

2. A complete copy of the nonresidential lease or rental agreement.

3. If applicable, a copy of the listing agreement.

G. Property management firms shall number on-site residential rental transaction folders according to dwelling unit number or other systematic manner that is easily accessible by the commissioner or the commissioner's representative. A broker is not required to maintain duplicate residential rental transaction folders.

H. All records required under this section shall be kept at the broker's main office or branch office, electronically or at an off-site storage location in this state if the broker provides to the department prior written notification and a street address of the off-site storage location. Trust account records shall be kept pursuant to section 32-2151.  For the purposes of this subsection, "off-site storage location" includes a multifamily leasing office.

I. On request by the commissioner or the commissioner's representatives for routine audit purposes the broker shall make available within a reasonable amount of time all records relative to property management accounts, including lease agreements, lease related documents and trust account records.  The department is limited to auditing those areas that are related to the business activities of a broker and that have a material bearing on the accuracy of the audit.  This subsection does not limit the immediacy or scope of an audit if a violation of real estate statutes or rules is suspected.
A.R.S. § 32-730.06 — Arizona Code / Title 32 / Chapter 6 / Article 2 / Section 730.06
32-730.06 Relinquished status
Status: in_force

32-730.06. Relinquished status

A. A registrant may relinquish a certificate or firm registration pending or in lieu of an investigation or disciplinary proceeding or while under a disciplinary order. The board shall consider a relinquishment tendered by a registrant pursuant to this section and shall determine whether to accept the relinquishment. The board shall issue an order documenting its decision.

B. An individual whose certificate, or an individual, sole proprietor or business organization whose firm registration, has been relinquished shall not assume or use the CPA designation.

C. If the board accepts the relinquishment of a certificate of a certified public accountant or registration of a firm, the registrant shall acknowledge that disciplinary proceedings have been initiated against the registrant pursuant to article 3 of this chapter and that the registrant relinquishes the right to practice accounting as a  certified public accountant or firm in this state. The registrant shall acknowledge that the registrant understands both of the following:

1. If the registrant chooses to apply for a new certificate or firm registration, the registrant shall meet all requirements for certification or firm registration pursuant to section 32-731.

2. In deciding whether to issue a new certificate or firm registration to the registrant, the board will consider all disciplinary actions currently pending against the registrant and any other matters it determines to be appropriate.
A.R.S. § 32-2106 — Arizona Code / Title 32 / Chapter 20 / Article 1 / Section 2106
32-2106 Real estate commissioner; appointment; qualifications
Status: in_force

32-2106. Real estate commissioner; appointment; qualifications

A. The real estate commissioner shall be appointed by the governor, pursuant to section 38-211. The real estate commissioner shall serve at the pleasure of the governor.

B. To be a candidate for the position of real estate commissioner a person shall have at least five years' experience in the real estate industry, title insurance industry or banking or mortgage broker industry and three years' administrative experience and shall not at the date of acceptance of appointment be financially interested in any real estate or brokerage firm or act as a broker, salesperson or agent of any real estate or brokerage firm.
A.R.S. § 32-1745 — Arizona Code / Title 32 / Chapter 16 / Article 3 / Section 1745
32-1745 Prehearing conferences; orders
Status: in_force

32-1745. Prehearing conferences; orders

A. On the written request of a licensee, the board may schedule a prehearing conference at least ten days before the hearing date scheduled pursuant to section 32-1744.  The board shall notify the licensee who requested a prehearing conference of its decision within five business days.  If the board agrees to hold a prehearing conference the notification shall include the date, time and place of the conference.

B. To promote the orderly and prompt conduct of the hearing, the board may use a prehearing conference for the purposes prescribed in section 41-1092.05, subsection F and for any other matter related to the hearing.

C. The board may conduct all or part of the prehearing conference by electronic means if each party in the prehearing conference can hear and has an opportunity to participate during the entire conference.

D. After a prehearing conference and before the hearing, the board shall enter an order verbally on the record or in writing. The order shall state the stipulations and admissions made, actions taken and other matters resolved.  The board shall modify this order only to prevent manifest injustice, as determined by the board.

E. Whether or not a prehearing conference is held, the board may issue an order to regulate the conduct of the hearing and to limit the issues to those raised in the pleadings.
A.R.S. § 32-1367 — Arizona Code / Title 32 / Chapter 12 / Article 3 / Section 1367
32-1367 Investigations; disciplinary proceedings; civil penalty; probationary terms
Status: in_force

32-1367. Investigations; disciplinary proceedings; civil penalty; probationary terms

A. The department shall conduct an investigation when the department receives a complaint that appears to show the existence of any grounds for disciplinary action under this chapter or rules adopted pursuant to this chapter.

B. The department on its own initiative may investigate any information that appears to show the existence of any grounds for disciplinary action under this chapter or rules adopted pursuant to this chapter.

C. After completing an investigation, the department may take any or all of the following disciplinary actions:

1. Issue a letter of censure or reprimand.

2. Impose probationary terms as the department deems necessary to protect the public health, safety and welfare and to rehabilitate or educate the licensee. Probationary terms imposed pursuant to this paragraph may include temporary suspension of a license or endorsement, restriction of the licensee's right to practice pursuant to this chapter and a requirement that restitution be made to any funeral service consumer or other person who was injured by a violation of this chapter or rules adopted pursuant to this chapter.

3. Assess a civil penalty against a person who violates this chapter or a rule adopted pursuant to this chapter in an amount of not more than $1,000 for each violation. Each day that a violation occurs constitutes a separate violation.

4. Suspend or revoke a license or endorsement pursuant to chapter 41, chapter 6, article 10.

D. In determining the amount of a civil penalty pursuant to subsection C of this section, the department shall consider the following:

1. Repeated violations of statutes or rules by the person.

2. Patterns of noncompliance by the person.

3. The types of violations.

4. The severity of violations.

5. The potential for and occurrences of actual harm.

6. Threats to health and safety.

7. The number of persons affected by the violations.

8. The number of violations.

9. The size of the facility.

10. The length of time that the violations have been occurring.

E. Actions to enforce the collection of civil penalties assessed pursuant to subsection C of this section shall be brought by the attorney general or the county attorney in the name of the state in the justice court or the superior court in the county in which the violation occurred.

F. If a licensee refuses to participate in an investigation, the department may take any or all of the disciplinary actions listed in subsection C of this section.

G. In addition to the authority given to the department in this section, the department may impose probationary terms as described in subsection C, paragraph 2 of this section after the department inspects a funeral establishment, crematory or alkaline hydrolysis facility if the department deems the probationary terms necessary to protect the public health, safety and welfare and to rehabilitate or educate the licensee.
A.R.S. § 32-107 — Arizona Code / Title 32 / Chapter 1 / Article 1 / Section 107
32-107 Executive director; duties; compensation
Status: in_force

32-107. Executive director; duties; compensation

A. The board may employ an executive director to conduct investigations and carry out the purposes of this chapter.

B. The executive director shall be the custodian of the records of the board, receive applications for registration and certification and, if authority is delegated by the board, issue registrations and certifications as authorized by the board, file complaints with the proper officials against violators of any provision of this chapter, assist in the prosecution of such cases and perform other duties the board prescribes.

C. The executive director is eligible to receive compensation as determined pursuant to section 38-611.
A.R.S. § 32-2185.02 — Arizona Code / Title 32 / Chapter 20 / Article 4 / Section 2185.02
32-2185.02 Permanent access to subdivided land; rescindable sales
Status: in_force

32-2185.02. Permanent access to subdivided land; rescindable sales

A. No subdivided land may be sold without provision for permanent access to the land over terrain which may be traversed by conventional motor vehicle unless such provision is waived by the commissioner.

B. Any sale of subdivided land which is without permanent access is rescindable by the purchaser. An action by the purchaser to rescind such transaction shall be brought within three years of the date of execution of the real estate sales contract by the purchaser.
A.R.S. § 32-2159 — Arizona Code / Title 32 / Chapter 20 / Article 3 / Section 2159
32-2159 Judicial review; costs; transcript
Status: in_force

32-2159. Judicial review; costs; transcript

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

B. If the superior court declares an appealing party indigent, on appeal the department shall pay the costs of the reporter's transcript of proceedings and shall produce a certified copy of all documents and evidence in the administrative record at no charge.
A.R.S. § 32-1650 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1650
32-1650 Certified medication assistants; medication administration; delegation
Status: in_force

32-1650. Certified medication assistants; medication administration; delegation

A. A nurse who is licensed pursuant to this chapter may delegate medication administration to a licensed nursing assistant who is also certified by the board as a medication assistant or to a student in an approved medication assistant program under the following conditions:

1. The recipient of the medication is a resident of a licensed nursing care institution as defined in section 36-401.

2. Delegated medications are limited to:

(a) Regularly scheduled medications, including controlled substances, by oral, topical, nasal, otic, optic and rectal routes.

(b) Following the nurse's assessment of the resident's need for the medication and at the direction of the nurse, as-needed medications for bowel care or over-the-counter analgesics.  The nurse shall evaluate the effect of the medication and document findings in the resident's record.

3. The delegating nurse maintains accountability for the delegation and management of the resident's medications.

B. A nurse may not delegate to a medication assistant:

1. If, in the professional judgment of the nurse after evaluating the condition of and the level of services required for the resident and the conduct and skills of the certified medication assistant or medication assistant student, the delegation would pose an unacceptable risk of harm or jeopardize the health or welfare of the resident or if safe delegation cannot be accomplished.

2. The first dose of a new medication or of a previously prescribed medication if the dosage is changed.

3. Any new medication that arrives from the pharmacy without ensuring that it reflects the original prescription.

4. As-needed medications except as provided in this section.

5. The counting of controlled substances at the beginning and end of a shift and any act associated with obtaining multiple doses of controlled substances.

6. Any medication delivered by a needle or by intradermal, subcutaneous, intramuscular, intravenous, intrathecal and intraosseous routes.

7. The administration of any medication that must be inserted into a nasogastric tube or gastric tube.

8. Changing oxygen settings or turning oxygen on or off.

9. The administration of inhalant medications.

10. The regulation of intravenous fluids or the programming of insulin pumps.

11. The administration of topical patches or topical medications that require a sterile dressing or assessment of skin condition.

12. The administration of sublingual medications.

13. The administration of any medication that requires a mathematical conversion between units of measurement to determine the correct dose.
A.R.S. § 32-2297 — Arizona Code / Title 32 / Chapter 21 / Article 8 / Section 2297
32-2297 Duty of animal crematory licensee to scan for presence of microchip; owner notification; exception
Status: in_force

32-2297. Duty of animal crematory licensee to scan for presence of microchip; owner notification; exception

For all dogs and cats brought to a crematory by a person other than the dog's or cat's owner, the crematory licensee shall thoroughly scan for the presence of a microchip and make a reasonable effort to contact the owner, unless there is a written or electronic record that the dog or cat has been thoroughly scanned for the presence of a microchip and a reasonable effort has been made to contact the owner.
A.R.S. § 32-704 — Arizona Code / Title 32 / Chapter 6 / Article 1 / Section 704
32-704 Immunity from liability
Status: in_force

32-704. Immunity from liability

There is no liability on the part of, and no cause of action may arise against, the board, its members or professional investigators or any board formed committee and its members, agents or employees for any act done or proceeding undertaken or performed in good faith and in furthering the purposes of this chapter.
A.R.S. § 32-1187 — Arizona Code / Title 32 / Chapter 10 / Article 5 / Section 1187
32-1187 Applicability to state and political subdivisions
Status: in_force

32-1187. Applicability to state and political subdivisions

Sections 32-1182, 32-1183, 32-1185 and  32-1186 do not apply to this state or political subdivisions of this state.
A.R.S. § 32-2816 — Arizona Code / Title 32 / Chapter 28 / Article 2 / Section 2816
32-2816 Certificates; fee; terms; registration; renewal; cancellation; waiver
Status: in_force

32-2816. Certificates; fee; terms; registration; renewal; cancellation; waiver

A. Except as provided in section 32-4301, a certificate issued under this section is valid for two years.

B. The department may renew a certificate for two years on payment of a renewal fee established by the director and submission of a renewal application containing information the department requires to show that the applicant for renewal is a technologist in good standing.  The applicant for renewal shall also present evidence satisfactory to the department of having completed the required continuing education in radiologic technology within the preceding two years.  If a radiologic technologist is certified by the American registry of radiologic technologists or nuclear medicine technology certification board, that person must satisfy the continuing education requirements of this subsection by providing the department with evidence of the technologist's good standing and current certification with that registry.

C. A certificate holder who fails to renew the certificate on or before the certificate's expiration as prescribed in subsection B of this section shall pay a penalty fee of fifty dollars for late renewal.

D. A certificate holder who does not renew a certificate within thirty days after the certificate expires and who continues the active practice of radiologic technology without adequate cause satisfactory to the department is subject to censure, reprimand or denial of right to renew the certificate pursuant to section 32-2821.

E. On the request of a certificate holder in good standing, the department shall cancel a certificate.

F. The department shall waive the renewal fee if a certificate holder submits an affidavit to the department stating that the certificate holder is retired from the practice of radiologic technology or wishes to be placed on inactive status. A retired or inactive technologist who practices is subject to the same penalties imposed pursuant to this chapter on a person who practices radiologic technology without a certificate.

G. The department may reinstate a technologist on retired or inactive status on payment of the renewal fee pursuant to subsection B of this section.
A.R.S. § 32-1291 — Arizona Code / Title 32 / Chapter 11 / Article 4 / Section 1291
32-1291 Dental assistants; regulation; duties
Status: in_force

32-1291. Dental assistants; regulation; duties

A. A dental assistant may expose radiographs for dental diagnostic purposes under either the general supervision of a dentist or the direct supervision of an affiliated practice dental hygienist licensed pursuant to this chapter if the assistant has passed an examination approved by the board.

B. A dental assistant may polish the natural and restored surfaces of the teeth under either the general supervision of a dentist or the direct supervision of an affiliated practice dental hygienist licensed pursuant to this chapter if the assistant has passed an examination approved by the board.
A.R.S. § 32-1263.01 — Arizona Code / Title 32 / Chapter 11 / Article 3 / Section 1263.01
32-1263.01 Types of disciplinary action; letter of concern; judicial review; notice; removal of notice; violation; classification
Status: in_force

32-1263.01. Types of disciplinary action; letter of concern; judicial review; notice; removal of notice; violation; classification

A. The board may take any one or a combination of the following disciplinary actions against any person licensed under this chapter:

1. Revocation of license to practice.

2. Suspension of license to practice.

3. Entering a decree of censure, which may require that restitution be made to an aggrieved party.

4. Issuance of an order fixing a period and terms of probation best adapted to protect the public health and safety and to rehabilitate the licensed person.  The order fixing a period and terms of probation may require that restitution be made to the aggrieved party.

5. Imposition of an administrative penalty in an amount not to exceed two thousand dollars for each violation of this chapter or rules adopted under this chapter.

6. Imposition of a requirement for restitution of fees to the aggrieved party.

7. Imposition of restrictions on the scope of practice.

8. Imposition of peer review and professional education requirements.

9. Imposition of community service.

B. The board may issue a letter of concern if a licensee's continuing practices may cause the board to take disciplinary action.  The board may also issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.

C. Failure to comply with any order of the board, including an order of censure or probation, is cause for suspension or revocation of a license.

D. All disciplinary and final nondisciplinary actions or orders, not including letters of concern or advisory letters, issued by the board against a licensee or certificate holder shall be posted to that licensee's or certificate holder's profile on the board's website.  For the purposes of this subsection, only final nondisciplinary actions and orders that are issued after January 1, 2018 shall be posted.

E. 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.

F. If the state board of dental examiners acts to modify any dentist's prescription-writing privileges, it shall immediately notify the Arizona state board of pharmacy of the modification.

G. The board may post a notice of its suspension or revocation of a license at the licensee's place of business. This notice shall remain posted for sixty days. A person who removes this notice without board or court authority before that time is guilty of a class 3 misdemeanor.

H. A licensee or certificate holder shall respond in writing to the board within twenty days after a notice of hearing is served.  A licensee who fails to answer the charges in a complaint and notice of hearing issued pursuant to this article and title 41, chapter 6, article 10 is deemed to admit the acts charged in the complaint, and the board may revoke or suspend the license without a hearing.
A.R.S. § 32-2462 — Arizona Code / Title 32 / Chapter 24 / Article 4 / Section 2462
32-2462 Notice of arrest
Status: in_force

32-2462. Notice of arrest

Within forty-eight hours after being arrested, a private investigator or a qualifying party shall notify the employer agency of the arrest.  Within twenty-four hours after receiving notice of the arrest, the employer agency shall notify the department of the arrest.
A.R.S. § 32-1107; Version 2 — Arizona Code / Title 32 / Chapter 10 / Article 1 / Section 1107; Version 2
32-1107; Version 2 Registrar of contractors fund
Status: in_force

32-1107. Registrar of contractors fund

(L24, Ch. 222, sec. 12.  Eff. 7/1/28)

A. The registrar of contractors fund is established. The registrar of contractors shall administer the fund. The registrar shall deposit, pursuant to sections 35-146 and 35-147, ninety percent of all monies collected under this chapter in the registrar of contractors fund and ten percent of all monies collected under this chapter in the state general fund, except monies collected for the residential contractors' recovery fund and the contractors' cash bond fund and monies received from civil penalties.

B. The registrar shall use monies in the registrar of contractors fund for carrying out the powers and duties of the registrar and for the purposes of this chapter. Monies deposited in the registrar of contractors fund are subject to section 35-143.01.
A.R.S. § 32-3204 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3204
32-3204 Experimental diagnosis, therapy or treatment; implied consent; definition
Status: in_force

32-3204. Experimental diagnosis, therapy or treatment; implied consent; definition

A. Notwithstanding any provision of this title to the contrary, a health professional, within the scope of that person's profession, may use an experimental diagnosis, therapy or treatment on a patient who is unable to make or communicate health care decisions and who has an emergent life threatening condition if the requirements of 21 Code of Federal Regulations parts 50, 56, 312, 314, 601, 812 and 814 have been met.

B. A health professional who performs an experimental diagnosis, therapy or treatment pursuant to this section is deemed to have obtained the patient's implied consent for the purposes of title 12, chapter 5.1, article 1.

C. For purposes of this section, "experimental diagnosis" means the pharmaceuticals, devices and technology used to diagnose patients.
A.R.S. § 32-1824 — Arizona Code / Title 32 / Chapter 17 / Article 2 / Section 1824
32-1824 Expedited licensure; medical licensure compact; fingerprinting
Status: in_force

32-1824. Expedited licensure; medical licensure compact; fingerprinting

Beginning September 1, 2017, applicants for expedited licensure pursuant to section 32-3241 shall submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. Communication between the board and the interstate medical licensure compact commission regarding verification of physician eligibility for licensure under the medical licensure compact may not include any information received from the federal bureau of investigation relating to a state and federal criminal records check performed for the purposes of section 32-3241, section 5, subsection B, paragraph 2.
A.R.S. § 32-1691 — Arizona Code / Title 32 / Chapter 15.1 / Article 3 / Section 1691
32-1691 Exemptions of persons and sales
Status: in_force

32-1691. Exemptions of persons and sales

This chapter does not apply to:

1. Any physician or optometrist who is licensed to practice under the laws of this state.

2. Any person working under the direct supervision of a physician, optometrist or dispensing optician who is licensed to practice in this state, as long as the person is working exclusively for the licensed physician, optometrist or dispensing optician and does not claim to be a dispensing optician.

3. The sale of goggles, sunglasses, colored glasses or occupational protective eye devices, if they do not have refractive values.

4. The sale of complete ready-to-wear eyeglasses for near vision only, toys, binoculars or scientific instruments as merchandise.

5. The sale and fitting of ocular prosthetic appliances if they do not have refractive values.

6. The sale of replacement soft contact lenses as provided in chapter 16, article 5 and chapter 18 of this title.
A.R.S. § 32-4006 — Arizona Code / Title 32 / Chapter 40 / Article 1 / Section 4006
32-4006 Enforcement and disciplinary procedures
Status: in_force

32-4006. Enforcement and disciplinary procedures

A. On its own motion or on receipt of a complaint, the board shall investigate, prosecute and adjudicate alleged violations of this chapter, as appropriate, and may conduct any investigation that would aid in the enforcement of this chapter.

B. For the purposes of investigations or hearings under this chapter, the board may administer oaths and affirmations, subpoena witnesses, take evidence and require the production of documents, records or information, either kept in original form or electronically stored or recorded, or other items that are relevant or material to the inquiry.

C. If a person refuses to obey a subpoena issued pursuant to this section, the board may request the superior court to issue an order that requires the appearance by a person or the production of documents or other items, or both.  The court may treat the failure to obey the order as contempt of court and may punish the contempt.

D. The board shall impose cease and desist orders, issue letters of concern or warnings or order revocation or suspension of certification for violations of this article and assess costs and penalties associated with these activities.  These costs and penalties shall be deposited in the certified reporters fund established by section 32-4007.
A.R.S. § 32-1292 — Arizona Code / Title 32 / Chapter 11 / Article 4 / Section 1292
32-1292 Restricted permits; suspension; expiration; renewal
Status: in_force

32-1292. Restricted permits; suspension; expiration; renewal

A. The board may issue a restricted permit to practice dental hygiene to an applicant who:

1. Has a pending contract with a recognized charitable dental clinic or organization that offers dental hygiene services without compensation or at a rate that reimburses the clinic only for dental supplies and overhead costs and the applicant will not receive compensation for dental hygiene services provided at the clinic or organization.

2. Has a license to practice dental hygiene issued by a regulatory jurisdiction in the United States.

3. Has been actively engaged in the practice of dental hygiene for three years immediately preceding the application.

4. Is, to the board's satisfaction, competent to practice dental hygiene.

5. Meets the requirements of section 32-1284, subsection A that do not relate to examination.

B. A person who holds a restricted permit issued by the board may practice dental hygiene only in the course of the person's employment by a recognized charitable dental clinic or organization approved by the board.

C. The applicant for a restricted permit must file a copy of the person's employment contract with the board that includes a statement signed by the applicant that the applicant:

1. Understands that if that person's employment is terminated before the restricted permit expires, the permit is automatically revoked and that person must voluntarily surrender the permit to the board and is no longer eligible to practice unless that person meets the requirements of sections 32-1284 and 32-1285 or passes the examination required in this article.

2. Must be employed without compensation by a dental clinic or organization that is operated for a charitable purpose.

3. Is subject to the provisions of this chapter that apply to the regulation of dental hygienists.

D. The board may deny an application for a restricted permit if the applicant:

1. Has committed an act that is a cause for disciplinary action pursuant to this chapter.

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

3. Knowingly made a false statement in the application.

4. Has had a license to practice dental hygiene revoked by a dental 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 dental 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 dental 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.

E. The board shall suspend an application for a restricted permit or an application for restricted permit renewal if the applicant is currently under investigation by a dental regulatory board in another jurisdiction.  The board shall not issue or deny a restricted permit to the applicant until the investigation is resolved.

F. A restricted permit expires either one year after the date of issue or June 30, whichever date first occurs.  The board may renew a restricted permit for terms that do not exceed one year.
A.R.S. § 32-3226 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3226
32-3226 Address of record; disclosure; telephone number or email address; definition
Status: in_force

32-3226. Address of record; disclosure; telephone number or email address; definition

A. A health profession regulatory board shall have, for each licensee under the board's regulation, an address of record designated by the licensee that may be disclosed to the public. If the licensee designates the licensee's residential address as the address of record, the board shall notify the licensee of the public disclosure and allow the licensee to opt out of the disclosure.

B. Each licensee who is required to maintain patient medical records must have on file with the licensee's health profession regulatory board a telephone number or email address for the board to provide to a patient who is seeking medical records.

C. A health profession regulatory board shall designate associations of licensed health professionals that may receive on request the contact information and addresses of record for all health professionals under the board's regulation, including health professionals who have opted out of public disclosure. An association of licensed health professions that receives contact information and addresses of record from a health profession regulatory board may not transfer or sell that information.

D. This section does not prohibit a health profession regulatory board from providing to the department of health services or a university under the jurisdiction of the Arizona board of regents information and data concerning the health profession regulatory board's licensees for research purposes if the information and data are not distributed to the public in a format that includes a licensee's personally identifiable information.

E. For the purposes of this section, "address of record" means either:

1. The address where a health professional practices the person's health profession or is otherwise employed.

2. The health professional's residential address.
A.R.S. § 32-1202 — Arizona Code / Title 32 / Chapter 11 / Article 1 / Section 1202
32-1202 Scope of practice; practice of dentistry
Status: in_force

32-1202. Scope of practice; practice of dentistry

For the purposes of this chapter, the practice of dentistry is the diagnosis, surgical or nonsurgical treatment and performance of related adjunctive procedures for any disease, pain, deformity, deficiency, injury or physical condition of the human tooth or teeth, alveolar process, gums, lips, cheek, jaws, oral cavity and associated tissues of the oral maxillofacial facial complex, including removing stains, discolorations and concretions and administering botulinum toxin type A and dermal fillers to the oral maxillofacial complex for therapeutic or cosmetic purposes.
A.R.S. § 32-2553 — Arizona Code / Title 32 / Chapter 25 / Article 4 / Section 2553
32-2553 Judicial review
Status: in_force

32-2553. Judicial review

Except as provided in section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 32-104 — Arizona Code / Title 32 / Chapter 1 / Article 1 / Section 104
32-104 Compensation
Status: in_force

32-104. Compensation

Members of the board are eligible to receive compensation pursuant to title 38, chapter 4, article 1.
A.R.S. § 32-1233 — Arizona Code / Title 32 / Chapter 11 / Article 2 / Section 1233
32-1233 Applicants for licensure; examination requirements
Status: in_force

32-1233. Applicants for licensure; examination requirements

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

1. The written national dental board examinations.

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. § 32-4256 — Arizona Code / Title 32 / Chapter 42 / Article 3 / Section 4256
32-4256 Reporting violations; immunity
Status: in_force

32-4256. Reporting violations; immunity

A. A person, licensee, corporation, educational institution, health care professional or health care facility and state or local governmental agencies must report to the board any conviction, determination or finding that a licensee has committed an act that constitutes grounds for disciplinary action pursuant to section 32-4253.

B. A person is immune from civil liability, whether direct or derivative, for providing information in good faith to the board pursuant to subsection A of this section.

C. The board shall not disclose the identity of a person who provides information unless this information is essential to proceedings conducted pursuant to sections 32-4254 and 32-4255 or unless required by a court.
A.R.S. § 32-2296 — Arizona Code / Title 32 / Chapter 21 / Article 8 / Section 2296
32-2296 Retention of jurisdiction
Status: in_force

32-2296. Retention of jurisdiction

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

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

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

3. Assess a civil penalty pursuant to section 32-2233 or section 32-2237, subsection E.
A.R.S. § 32-1276.06 — Arizona Code / Title 32 / Chapter 11 / Article 3.1 / Section 1276.06
32-1276.06 Practicing without a license; violation; classification
Status: in_force

32-1276.06. Practicing without a license; violation; classification

It is a class 6 felony for a person to practice dental therapy in this state unless the person has obtained a license from the board as provided in this article.
A.R.S. § 32-1861 — Arizona Code / Title 32 / Chapter 17 / Article 3 / Section 1861
32-1861 Substance abuse treatment and rehabilitation program; private contract; funding
Status: in_force

32-1861. Substance abuse treatment and rehabilitation program; private contract; funding

A. The board may establish a confidential program for the treatment and rehabilitation of licensees who are impaired by substance abuse. This program may 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. Release to the board on demand of all treatment records.

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

4. Immediate reporting to the board of the name of an impaired physician who the treating organization believes to be incapable of safely practicing medicine.

C. The board may allocate an amount of not more than twenty dollars from each fee it collects from the renewal of licenses pursuant to section 32-1826 for the administration of the program established by this section.
A.R.S. § 32-2841 — Arizona Code / Title 32 / Chapter 28 / Article 4 / Section 2841
32-2841 Mammographic technologists; computed tomography technologists; certification; renewal
Status: in_force

32-2841. Mammographic technologists; computed tomography technologists; certification; renewal

A. A person who wishes to perform diagnostic mammography or screening mammography as defined in section 30-651 shall obtain a mammographic technologist certificate from the department. A person who wishes to perform computed tomography shall obtain a computed tomography technologist certificate from the department. The department shall issue a certificate to an applicant who:

1. Pays a twenty dollar application fee.

2. Holds a current radiologic technology certificate issued by the department.

3. For a mammographic certification, completes the training and education requirements of subsection B of this section and passes an examination as prescribed in subsection D of this section.

4. For a computed tomography technologist certification, provides documentation of two years of experience in computed tomography and completion of twelve hours of computed tomography specific education or passes an examination as prescribed in subsection D of this section.

B. To satisfy the education requirements of subsection A of this section, an applicant shall meet the initial training and education requirements of the mammography quality standards act regulations for quality standards of mammographic technologists, 21 Code of Federal Regulations section 900.12.

C. The department shall issue a student mammography permit, preceptorship or temporary certificate to a person who is in training and meets the requirement of subsection A, paragraph 2 of this section if the applicant also provides the department with verification of employment and the name of the radiologist who agrees to be responsible for the applicant's supervision and training. A student mammography permit, preceptorship or temporary certificate is valid for one year from the date it is issued and may not be renewed.  If the holder completes all of the requirements of subsection A of this section within the permitted period, the department shall issue a mammographic or computed tomography technologist certificate. The mammographic or computed tomography technologist certificate shall be renewed as prescribed under subsection E of this section.

D. To satisfy the examination requirements of this section an applicant shall pass an examination in mammography or computed tomography administered by the department or, in lieu of its own examination, the department may accept a certificate issued on the basis of an examination by a certificate-granting body recognized by the department.

E. Except as provided in section 32-4301, a certificate that is issued under this section is valid for two years. The department shall notify a certificate holder thirty days before the expiration date of the certificate. An applicant for renewal of a mammographic technologist certificate shall meet the continuing education requirements of the mammography quality standards act regulations for quality standards of mammographic technologists, 21 Code of Federal Regulations section 900.12.  If a radiologic technologist is certified by the American registry of radiologic technologists, that person must satisfy the continuing education requirements of this subsection by providing the department with evidence of the technologist's good standing and current certification with that registry.  The applicant shall also pay a twenty dollar renewal fee to the department.

F. A person or facility that employs a person certified under this section shall report any suspected violations of section 32-2821 to the department. The department shall investigate the complaint. If in the course of its investigation the department determines that a person regulated by another regulatory agency of this state may have violated that agency's laws, the department shall report the violation to the other agency for disciplinary action.
A.R.S. § 32-2197.15 — Arizona Code / Title 32 / Chapter 20 / Article 9 / Section 2197.15
32-2197.15 Order; appointment of receiver; writ of ne exeat
Status: in_force

32-2197.15. Order; appointment of receiver; writ of ne exeat

A. If it appears to the commissioner that a person has engaged in or is engaging in a practice declared to be unlawful by this article, and that such person is concealing assets or self, or has made arrangements to conceal assets or is about to leave this state, the commissioner may apply to the superior court, ex parte, for an order appointing a receiver of the assets of such person or for a writ of ne exeat, or both.

B. The court, upon receipt of an application for the appointment of a receiver or for a writ of ne exeat, or both, shall examine the verified application of the commissioner and such other evidence that the commissioner presents to the court. If satisfied that the interests of the public require the appointment of a receiver or the issuance of a writ ne exeat without notice, the court shall issue an order appointing the receiver or issue the writ, or both. If the court determines that the interests of the public will not be harmed by the giving of notice, the court shall set a time for a hearing and require such notice be given as the court deems satisfactory.

C. If the court appoints a receiver without notice, the court shall further direct that a copy of the order appointing a receiver be served upon the person engaged in or engaging in a practice declared to be unlawful under this article by delivering such order to the last address of the person which is on file with the real estate department. The order shall inform the person that he has the right to request a hearing within ten days of the date of the order, and if requested, the hearing shall be held within thirty days from the date of the order.
A.R.S. § 32-2194.29 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.29
32-2194.29 Posting of signs by cemeteries
Status: in_force

32-2194.29. Posting of signs by cemeteries

Each cemetery shall post in a conspicuous place in the office or offices where sales are conducted and in a conspicuous place at or near the entrance of the cemetery or its administration building, and readily accessible to the public, a legible sign in lettering of a size and style to be approved by the real estate commissioner indicating either the cemetery is an endowed or a nonendowed cemetery.
A.R.S. § 32-2605 — Arizona Code / Title 32 / Chapter 26 / Article 1 / Section 2605
32-2605 Power of local authorities
Status: in_force

32-2605. Power of local authorities

This chapter does not prevent any political subdivision of this state from prescribing additional requirements for regulation of security guard agencies, but the political subdivision may not assess an additional fee.
A.R.S. § 32-1634.02 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1634.02
32-1634.02 Qualifications of international registered nurses; applicants for licensure; endorsement
Status: in_force

32-1634.02. Qualifications of international registered nurses; applicants for licensure; endorsement

A. An applicant for a license to practice as a registered nurse who is a graduate of an international nursing program and who is licensed in another state or territory of the United States or, if not licensed, has met the requirements prescribed in section 32-1633, subsection A shall satisfy the following requirements:

1. Submit a report from a credential evaluation agency approved by the board that provides information indicating that the applicant's nursing program is equivalent to an approved registered nursing program or, if the applicant graduated from a Canadian nursing program, submit a passing score on the English language version of the Canadian nurses association testing service examination or an equivalent Canadian nurse licensure examination as determined by the board.

2. Submit a report from an agency recognized by the board verifying the status of any nursing license held by the applicant.

3. Pass an examination as prescribed in section 32-1633, subsection A and satisfy English language proficiency requirements as prescribed by the board by rule.

4. Submit a verified statement that indicates whether the applicant has been convicted of a felony and, if convicted of one or more felonies, that indicates the date of absolute discharge from the sentences for all felony convictions.

B. If the applicant satisfies the requirements of subsection A of this section and meets the other requirements prescribed in this chapter and pursuant to board rule, except those requiring graduation from a board approved program pursuant to section 32-1632, paragraph 1, the board shall issue a license to practice as a registered nurse to the applicant.
A.R.S. § 32-1181 — Arizona Code / Title 32 / Chapter 10 / Article 5 / Section 1181
32-1181 Definitions; applicability
Status: in_force

32-1181. Definitions; applicability

A. In this article, unless the context otherwise requires:

1. "Construction contract" means a written or oral agreement relating to the construction, alteration, repair, maintenance, moving or demolition of any building, structure or improvement or relating to the excavation of or other development or improvement to land.

2. "Contractor" means any person, firm, partnership, corporation, association or other organization, or a combination of any of them, that has a direct contract with an owner to perform work under a construction contract.

3. "Final completion" means the earliest of the following:

(a) When the work, or the work under a portion of a construction contract for which the contract states a separate price, has been completed in accordance with the terms and conditions of the construction contract.

(b) The date of final inspection and final written acceptance by the governmental body that issues the building permit for the building, structure or improvement.

4. "Owner" means any person, firm, partnership, corporation, association or other organization, or a combination of any of them, that causes a building, structure or improvement to be constructed, altered, repaired, maintained, moved or demolished or that causes land to be excavated or otherwise developed or improved, whether the interest or estate of the person is in fee, as vendee under a contract to purchase, as lessee or another interest or estate less than fee.

5. "Retention" means a portion of a progress payment otherwise due from the owner to the contractor that is withheld pursuant to the terms and conditions of a construction contract to ensure proper performance of the construction contract.

6. "Subcontractor" means any person, firm, partnership, corporation, association or other organization, or a combination of any of them, that has a direct contract with a contractor or another subcontractor to perform a portion of the work under a construction contract.

7. "Substantial completion" or "substantially complete" means the earliest of the following events:

(a) The stage in the progress of the work on a construction contract when the work, or the work under a portion of a construction contract for which the contract states a separate price, is sufficiently complete in accordance with the terms and conditions of the construction contract so that the owner can occupy and use the work or such portion of the work for its intended purpose.  When substantial completion occurs for a portion of a construction contract for which the contract states a separate price, substantial completion occurs only to the work under that portion of the contract.

(b) The stage in the progress of the work on a construction contract when the contractor has sufficiently completed the work or the work under a portion of a construction contract for which the contract states a separate price in accordance with the terms and conditions of the construction contract to allow the owner to occupy and use the work or such portion of the work for its intended purpose but the owner is unable to or does not occupy or use the work or such portion of the work for its intended purpose through no fault of the contractor.

(c) The date on which the governmental body that issues the building permit, if any, for a building, structure or improvement issues the written acceptance allowing the owner to occupy and use the work under a construction contract.

8. "Work" means the labor, materials, equipment and services to be provided by a contractor or subcontractor under a construction contract.

B. The definitions in this section do not apply to section 12-552.
A.R.S. § 32-2194.10 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.10
32-2194.10 Change of cemetery plan after approval by commissioner; notice; fee
Status: in_force

32-2194.10. Change of cemetery plan after approval by commissioner; notice; fee

A. It is unlawful for any owner or agent, after submitting to the commissioner the plan under which cemetery plots are to be offered for sale and securing his approval, to change the plan materially without first notifying the commissioner in writing of the intended change. Material changes covered by this section shall be prescribed in the rules of the commissioner. On receipt of any notice of a material change, the commissioner, if he determines such action to be necessary for the protection of purchasers, may suspend his approval of sale pending amendment of the notice as required by section 32-2194.01.

B. A filing fee of one-half of the fee that was charged for the initial certificate of authority pursuant to section 32-2194.02 but not less than two hundred fifty dollars shall accompany any amendment required by subsection A of this section.
A.R.S. § 32-2205 — Arizona Code / Title 32 / Chapter 21 / Article 1 / Section 2205
32-2205 Veterinary medical examining board fund
Status: in_force

32-2205. Veterinary medical examining board fund

(L24, Ch. 222, sec. 33.  Eff. until 7/1/28)

A. The veterinary medical examining board fund is established. Pursuant to sections 35-146 and 35-147, the board shall deposit fifteen percent of all fees and other revenue accruing to the board in the state general fund and deposit the remaining eighty-five percent in the veterinary medical examining board fund.

B. All monies deposited in the veterinary medical examining board fund are subject to section 35-143.01.
A.R.S. § 32-3634 — Arizona Code / Title 32 / Chapter 36 / Article 3 / Section 3634
32-3634 Prohibition against discrimination
Status: in_force

32-3634. Prohibition against discrimination

If appraisal users require specific appraiser qualifications or experience for certain transactions necessary to carry out or to meet the responsibilities of the appraisal user, these requirements shall be related to the special skills that are required of an individual in connection with the specific appraisal assignment and shall not exclude an appraiser for consideration for such assignment solely by membership or lack of membership in any particular professional appraisal organization or association.
A.R.S. § 32-3674 — Arizona Code / Title 32 / Chapter 36 / Article 5 / Section 3674
32-3674 Appraiser independence; prohibitions
Status: in_force

32-3674. Appraiser independence; prohibitions

A. Any employee, director, officer or agent of an appraisal management company registered pursuant to this article shall not influence or attempt to influence the development, reporting or review of an appraisal through coercion, extortion, collusion, compensation, inducement, intimidation, bribery or any other manner, including:

1. Withholding or threatening to withhold timely payment for an appraisal.

2. Withholding or threatening to withhold future business for an independent appraiser or demoting or terminating, or threatening to demote or terminate, an independent appraiser.

3. Expressly or impliedly promising future business, promotions or increased compensation for an independent appraiser.

4. Conditioning the request for an appraisal service or the payment of an appraisal fee or salary or bonus on the opinion, conclusion or valuation to be reached or on a preliminary estimate or opinion requested from an independent appraiser.

5. Requesting that an independent appraiser provide an estimated, predetermined or desired valuation in an appraisal report or provide estimated values or comparable sales at any time before the independent appraiser's completion of an appraisal service.

6. Providing to an independent appraiser an anticipated, estimated, encouraged or desired value for a subject property or a proposed or target amount to be loaned to the borrower, except that a copy of the sales contract for purchase transactions may be provided.

7. Providing to an independent appraiser, or any entity or person related to the appraiser, stock or other financial or nonfinancial benefits.

8. Allowing the removal of an independent appraiser from an appraiser panel, without prior written notice to the appraiser.

9. Obtaining, using or paying for a second or subsequent appraisal or ordering an automated valuation model in connection with a mortgage financing transaction, unless there is a reasonable basis to believe that the initial appraisal was flawed or tainted and the basis is clearly and appropriately noted in the loan file or unless the appraisal or automated valuation model is done pursuant to a bona fide prefunding or postfunding appraisal review or quality control process.

10. Engaging in any other act or practice that impairs or attempts to impair an appraiser's independence, objectivity or impartiality.

B. An appraisal fee offered or paid may not be based on the predetermined value or range of value of the subject property or the amount of the transaction price.

C. Subsections A and B do not prohibit an appraisal management company from requesting that an independent appraiser either:

1. Provide additional information about the basis for a valuation.

2. Correct objective factual errors in an appraisal report.
A.R.S. § 32-2199.02 — Arizona Code / Title 32 / Chapter 20 / Article 11 / Section 2199.02
32-2199.02 Orders; penalties; disposition
Status: in_force

32-2199.02. Orders; penalties; disposition

A. The administrative law judge may order any party to abide by the statute, condominium documents, community documents or contract provision at issue and may levy a civil penalty on the basis of each violation. All monies collected pursuant to this article shall be deposited in the condominium and planned community hearing office fund established by section 32-2199.05 to be used to offset the cost of administering the administrative law judge function. If the petitioner prevails, the administrative law judge shall order the respondent to pay to the petitioner the filing fee required by section 32-2199.01.

B. The order issued by the administrative law judge is binding on the parties unless a rehearing is granted pursuant to section 32-2199.04 based on a petition setting forth the reasons for the request for rehearing, in which case the order issued at the conclusion of the rehearing is binding on the parties. The order issued by the administrative law judge is enforceable through contempt of court proceedings and is subject to judicial review as prescribed by section 41-1092.08.
A.R.S. § 32-4228 — Arizona Code / Title 32 / Chapter 42 / Article 2 / Section 4228
32-4228 Massage therapy schools; recognition
Status: in_force

32-4228. Massage therapy schools; recognition

A. The board shall recognize a school of massage therapy located in this state if it is approved by the state board for private postsecondary education, is accredited to offer massage therapy education by an agency recognized by the secretary of the United States department of education or is a career technical education district program that is offered by a career technical education district as defined in section 15-391.

B. The board shall recognize a school of massage therapy located in another state or a Canadian province if it is accredited or approved by an agency similar to the state board for private postsecondary education or it is accredited to offer massage therapy education by an agency recognized by the secretary of the United States department of education.

C. Each school of massage therapy that is located in this state and that receives approval from the state board for private postsecondary education shall report to the board of massage therapy:

1. The physical address of the school and each instructional facility maintained or operated by the school.

2. All faculty and instructional staff, and all additions to or deletions from the faculty and staff.

D. The board shall maintain a list of recognized schools.
A.R.S. § 32-113 — Arizona Code / Title 32 / Chapter 1 / Article 1 / Section 113
32-113 Preemption; power of local authorities
Status: in_force

32-113. Preemption; power of local authorities

A. The state legislature determines that the licensure, certification or registration of alarm businesses and alarm agents is a matter of statewide concern. The power to license, register or certify an alarm business or alarm agent is preempted by this state.

B. The board, a county, a city, including a charter city, or a town shall not require an alarm business to provide any information regarding the alarm subscribers of the alarm business without a court order.

C. A county, city, including a charter city, or town that violates this section shall reimburse a prevailing party for fees and expenses.  A court may assess civil penalties against the county or city.
A.R.S. § 32-2107.01 — Arizona Code / Title 32 / Chapter 20 / Article 1 / Section 2107.01
32-2107.01 Recorded disclaimer of unlawful restrictions
Status: in_force

32-2107.01. Recorded disclaimer of unlawful restrictions

A. The commissioner shall execute and record in the office of the county recorder in each county in this state a document that disclaims the validity and enforceability of certain restrictions and covenants. The document shall contain a disclaimer in substantially the following form:

It is the law of this state that any covenants or restrictions that are based on race, religion, color, disability status or national origin are invalid and unenforceable. If the invalid covenant or restriction is contained in a document that is recorded in this county, it is hereby declared void.

B. The document that is executed and recorded by the commissioner shall include the legal description specified by title 11, chapter 1, article 1 for the appropriate county.

C. This section does not affect any other covenant, condition or restriction.
A.R.S. § 32-2198.13 — Arizona Code / Title 32 / Chapter 20 / Article 10 / Section 2198.13
32-2198.13 Construction of this article
Status: in_force

32-2198.13. Construction of this article

The provisions of this article are in addition to all other causes of action, remedies and penalties available to this state or to the purchaser.
A.R.S. § 32-3074 — Arizona Code / Title 32 / Chapter 30 / Article 4 / Section 3074
32-3074 Deposit of assessments
Status: in_force

32-3074. Deposit of assessments

A. The assessments and student record request fees received by the board for deposit in the fund shall be held in trust to carry out the purposes of the fund.  On notice from the board, 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.

B. The monies deposited in the fund are continuously appropriated to the board to carry out the purposes of the fund.

C. Any monies unexpended and unencumbered in the fund at the close of a fiscal year shall not revert to the state general fund.

D. Monies held in the fund shall be available only to satisfy valid claims submitted to the board by persons who provide educational records and who are injured and are exempt from execution and from all claims by an institution's creditors or other claimants.
A.R.S. § 32-1335 — Arizona Code / Title 32 / Chapter 12 / Article 2 / Section 1335
32-1335 Out-of-state licensees
Status: in_force

32-1335. Out-of-state licensees

A. A person who holds an embalmer or funeral director license in good standing that was issued by the funeral services licensing authority of another jurisdiction and who desires an embalmer or funeral director license in this state shall meet the requirements and qualifications for licensure prescribed in this article.

B. Notwithstanding subsection A of this section, the department may waive the testing requirements of section 32-1322, subsection A, paragraph 1 and subsection B, paragraph 1 if the person has actively practiced embalming or funeral directing in another jurisdiction within the three years immediately preceding the date that the person applies for a license in this state and the department determines that the requirements for licensure in the other jurisdiction are equal to or more stringent than the requirements prescribed in this article.
A.R.S. § 32-4223 — Arizona Code / Title 32 / Chapter 42 / Article 2 / Section 4223
32-4223 Reciprocity
Status: in_force

32-4223. Reciprocity

A. An applicant is eligible for reciprocal licensure if either of the following applies:

1. The applicant has been licensed in another state that has comprehensive standards for licensure for massage therapists for at least two of the last five years preceding the filing of the application with the board.

2. The applicant holds a current certification from the national certification board for therapeutic massage and bodywork or another agency that meets the standards of the national organization on competency assurance and received education and training substantially equivalent to that required by this chapter.

B. When an applicant submits an application for reciprocity, the applicant shall also submit a letter or other document acceptable to the board showing whether any jurisdiction that has previously certified or licensed the applicant has instituted disciplinary proceedings or has unresolved complaints pending against the applicant.  If a disciplinary proceeding or an unresolved complaint is pending, the applicant shall not be licensed until the proceeding or the complaint has been resolved in the applicant's favor.
A.R.S. § 32-587 — Arizona Code / Title 32 / Chapter 5 / Article 7 / Section 587
32-587 Active military members and their spouses
Status: in_force

32-587. Active military members and their spouses

Active military members or their spouses shall designate a home state where the individual has a current license to practice cosmetology in good standing.  The individual may retain the individual's home state designation during any period of service when that individual or the individual's spouse is on active duty assignment.
A.R.S. § 32-855 — Arizona Code / Title 32 / Chapter 7 / Article 3 / Section 855
32-855 Violations; classification; injunctive relief
Status: in_force

32-855. Violations; classification; injunctive relief

A. A person is guilty of a class 5 felony who:

1. Practices or advertises or holds himself out as practicing or entitled to practice podiatry, or who in a sign or advertisement uses the term "chiropodist", "foot specialist", "podiatrist" or "practapedist" or any other term or letter indicating or implying that the person practices podiatry or foot correction, without having at the time a valid unrevoked license to practice podiatry.

2. Otherwise violates this chapter.

B. The superior court is vested with jurisdiction to restrain any actual or threatened violation of this chapter by an action filed by the board in the county where the cause of action arises.
A.R.S. § 32-2194.12 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.12
32-2194.12 Permanent access to cemetery land
Status: in_force

32-2194.12. Permanent access to cemetery land

No cemetery may be sold without provision for permanent access.
A.R.S. § 32-2042 — Arizona Code / Title 32 / Chapter 19 / Article 3 / Section 2042
32-2042 Use of titles; restrictions; violation; classification
Status: in_force

32-2042. Use of titles; restrictions; violation; classification

A. A physical therapist shall use the letters "PT" in connection with the physical therapist's name or place of business to denote licensure under this chapter. A physical therapist on retired status shall use "(retired)" or "(ret.)" after the letters "PT" in connection with the physical therapist's name or place of business to denote the physical therapist's retired status pursuant to section 32-2031.

B. A physical therapist assistant shall use the letters "PTA" in connection with that person's name to denote licensure pursuant to this chapter. A physical therapist assistant on retired status shall use "(retired)" or "(ret.)" after the letters "PTA" in connection with the physical therapist assistant's name or place of business to denote the physical therapist assistant's retired status pursuant to section 32-2031.

C. A person or business entity or its employees, agents or representatives shall not use in connection with that person's name or the name or activity of the business the words "physical therapy", "physical therapist", "physiotherapy", "physiotherapist" or "registered physical therapist", the letters "PT", "LPT", "RPT", "MPT", "DScPT" or "DPT" or any other words, abbreviations or insignia indicating or implying directly or indirectly that physical therapy is provided or supplied, including the billing of services labeled as physical therapy, unless these services are provided by or under the direction of a physical therapist who is licensed pursuant to this chapter. A person or entity that violates this subsection is guilty of a class 1 misdemeanor.

D. A person or business entity shall not advertise, bill or otherwise promote a person who is not licensed pursuant to this chapter as being a physical therapist or offering physical therapy services.

E. A person shall not use the title "physical therapist assistant" or use the letters "PTA" in connection with that person's name or any other words, abbreviations or insignia indicating or implying directly or indirectly that the person is a physical therapist assistant unless that person is licensed as a physical therapist assistant pursuant to this chapter.  A person who violates this subsection is guilty of a class 1 misdemeanor.
A.R.S. § 32-597 — Arizona Code / Title 32 / Chapter 5 / Article 7 / Section 597
32-597 Construction and severability
Status: in_force

32-597. Construction and severability

A. The compact and the commission's rulemaking authority shall be liberally construed to effectuate the purposes, implementation and administration of this compact. Provisions of this compact expressly authorizing or requiring the adoption of rules do not limit the commission's rulemaking authority solely for those purposes.

B. The provisions of this compact are severable, and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, of a state seeking participation in this compact or of the United States, or the applicability to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability to any other government, agency, person or circumstance is not affected.

C. Notwithstanding subsection B of this section, the commission may deny a state's participation in the compact or, in accordance with section 32-595, may terminate a member state's participation in the compact if the commission determines that a constitutional requirement of a member state is a material departure from this compact. Otherwise, if this compact is held to be contrary to the constitution of any member state, this compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
A.R.S. § 32-3004; Version 2 — Arizona Code / Title 32 / Chapter 30 / Article 1 / Section 3004; Version 2
32-3004; Version 2 Board for private postsecondary education fund
Status: in_force

32-3004. Board for private postsecondary education fund

(L24, Ch. 222, sec. 40.  Eff. 7/1/28)

A. Pursuant to sections 35-146 and 35-147, the board shall deposit ten percent of all fees or other revenues received by the board in the state general fund and deposit the remaining ninety percent in the board for private postsecondary education fund.

B. Monies deposited in the board for private postsecondary education fund are subject to section 35-143.01.
A.R.S. § 32-1406; Version 2 — Arizona Code / Title 32 / Chapter 13 / Article 1 / Section 1406; Version 2
32-1406; Version 2 Arizona medical board fund
Status: in_force

32-1406. Arizona medical board fund

(L24, Ch. 222, sec. 16.  Eff. 7/1/28)

A. The Arizona medical board fund is established. Pursuant to sections 35-146 and 35-147, the board shall deposit ten percent of all monies collected under the provisions of this chapter in the state general fund and deposit the remaining ninety percent in the Arizona medical board fund.

B. Monies deposited in the fund are subject to section 35-143.01.
A.R.S. § 32-904 — Arizona Code / Title 32 / Chapter 8 / Article 1 / Section 904
32-904 Powers and duties
Status: in_force

32-904. Powers and duties

A. The board may administer oaths, summon witnesses and take testimony on matters within its powers and duties.

B. The board shall:

1. Adopt a seal, which shall be affixed to licenses issued by the board.

2. Adopt rules that are necessary and proper for the enforcement of this chapter.

3. Adopt rules regarding chiropractic assistants who assist a doctor of chiropractic, and the board shall determine the qualifications and regulation of chiropractic assistants who are not otherwise licensed by law.

4. At least once each fiscal year and before establishing the amount of a fee for the subsequent fiscal year, review the amount of each fee authorized in this chapter in a public hearing.

C. A copy of the rules shall be filed with the secretary of state upon adoption as provided by law.
A.R.S. § 32-545 — Arizona Code / Title 32 / Chapter 5 / Article 4 / Section 545
32-545 Change of ownership or location; change of trade name; board notification
Status: in_force

32-545. Change of ownership or location; change of trade name; board notification

A. An establishment shall not change from the name of one licensee to another or from one location to another or change its trade name without filing a new application and paying the prescribed fee.

B. Within ten days after any change of ownership of the establishment or change in the establishment's location, the establishment owner shall notify the board in writing, file a new application and pay the prescribed fee.
A.R.S. § 32-746 — Arizona Code / Title 32 / Chapter 6 / Article 3 / Section 746
32-746 Fraudulent audit practices; classification
Status: in_force

32-746. Fraudulent audit practices; classification

A. A person commits fraudulent audit practices if such person knowingly prepares, issues or offers or files with any public agency an audit report or certificate on any financial statement which is materially false or misleading or fraudulent, or which purports to fairly present the financial position, results of operations or changes in financial position of the person or entity reported on but fails to do so.

B. Fraudulent audit practices is a class 5 felony. Fraudulent audit practices in connection with any securities offering or involving the filing of financial statements in connection with securities is a class 4 felony.
A.R.S. § 32-2062 — Arizona Code / Title 32 / Chapter 19.1 / Article 1 / Section 2062
32-2062 Board; qualifications; appointments; terms; compensation; immunity
Status: in_force

32-2062. Board; qualifications; appointments; terms; compensation; immunity

A. The state board of psychologist examiners is established consisting of ten members appointed by the governor pursuant to section 38-211.

B. Each member of the board shall be a citizen of the United States and a resident of this state at the time of appointment. Seven members shall be licensed pursuant to this chapter, and three shall be public members who are not eligible for licensure. The board shall have at all times, except for the period when a vacancy exists, at least two members who are licensed as psychologists and who are full-time faculty members from universities in this state with a doctoral program in psychology that meets the requirements of section 32-2071, at least three members who are psychologists in professional practice and at least two members who are behavior analysts in professional practice and who are members of the committee on behavior analysts. The public members shall not have a substantial financial interest in the health care industry and shall not have a household member who is eligible for licensure under this chapter.

C. Each member shall serve for a term of five years beginning and ending on the third Monday in January.

D. A vacancy on the board occurring other than by the expiration of term shall be filled by appointment by the governor for the unexpired term as provided in subsection C of this section. The governor, after a hearing, may remove any member of the board for misconduct, incompetency or neglect of duty.

E. Board members shall receive compensation in the amount of one hundred dollars for each cumulative eight hours of actual service in the business of the board and reimbursement of all expenses pursuant to title 38, chapter 4, article 2.

F. Members of the board and its employees, consultants and test examiners are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter.
A.R.S. § 32-2273 — Arizona Code / Title 32 / Chapter 21 / Article 6 / Section 2273
32-2273 Premises license fees
Status: in_force

32-2273. Premises license fees

The board may establish and collect in advance fees, not to exceed the following:

1. For issuance of a license:

(a) In an odd-numbered year, one hundred dollars.

(b) In an even-numbered year, fifty dollars.

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

3. For a duplicate license, twenty dollars.
A.R.S. § 32-3248.02 — Arizona Code / Title 32 / Chapter 32 / Article 4 / Section 3248.02
32-3248.02 Health professionals; substance use or addiction continuing education
Status: in_force

32-3248.02. Health professionals; substance use or addiction continuing education

A health professional who is authorized under this title to prescribe schedule II controlled substances and who has a valid United States drug enforcement administration registration number or who is authorized under chapter 18 of this title to dispense controlled substances shall complete a minimum of three hours of opioid-related, substance use disorder-related or addiction-related continuing education each license renewal cycle. The three hours of continuing medical education or accredited continuing education that is approved by the applicable health profession regulatory board shall be included as part of any continuing education requirements for that health professional.
A.R.S. § 32-3076 — Arizona Code / Title 32 / Chapter 30 / Article 4 / Section 3076
32-3076 Subrogation
Status: in_force

32-3076. Subrogation

The state has the right of subrogation to the extent of payments made from the fund including the right to collect from a letter of credit, bond or cash deposit made pursuant to section 32-3023 or directly from the institution. The board and the attorney general shall promptly enforce all subrogation claims.
A.R.S. § 32-2235 — Arizona Code / Title 32 / Chapter 21 / Article 3 / Section 2235
32-2235 Complaints
Status: in_force

32-2235. Complaints

A. Any person may file a complaint against a licensee for a violation of this chapter.  Except as provided in subsection C, complaints shall be submitted in proper form and signed by the complainant.  Each complaint shall be turned over to an appointed staff investigator who shall compile the written complaint and the written response and may verify statements and any evidence submitted by the complainant and the respondent.

B. If after completion of this preliminary investigation the staff investigator believes that there would not be a violation of this chapter if the allegations were proven to be true or if the complaint does not fall under the jurisdiction of the board, the board shall review the written information and investigative report at a scheduled board meeting at which time the board may dismiss the complaint or proceed as otherwise authorized.

C. A complaint may be anonymous if it is regarding either of the following:

1. Substance abuse by a veterinarian or certified veterinary technician.

2. A person committing the unlicensed practice of veterinary medicine.

D. The board, on its own initiative and based on information from any source, may investigate any alleged violation of this chapter.