A.R.S. § 32-2130 — Arizona Code / Title 32 / Chapter 20 / Article 2 / Section 2130
32-2130 Renewal of licenses; education requirements; broker licensee renewal as salesperson licensee
Status: in_force

32-2130. Renewal of licenses; education requirements; broker licensee renewal as salesperson licensee

A. Except as provided in subsection K of this section, a license may be renewed in a timely manner by filing an application for renewal in the manner prescribed by the commissioner, by paying the renewal fee specified in this chapter and by presenting evidence of attendance at a school certified by the commissioner during the preceding license period of twenty-four credit hours for salespersons and associate brokers and thirty credit hours for designated brokers or for associate brokers employed by a designated broker pursuant to section 32-2151.01, subsection G, or a lesser number of credit hours prescribed by the commissioner, of real estate oriented continuing education courses prescribed and approved by the commissioner. The total number of credit hours shall be accrued at a rate of twenty-four credit hours for salespersons and associate brokers and thirty credit hours for designated brokers or for associate brokers employed by a designated broker pursuant to section 32-2151.01, subsection G during each twenty-four-month period of licensure. The department shall maintain a current list of approved courses. The commissioner may waive all or a portion of the continuing education requirement for good cause shown.  The commissioner shall determine by rule the content of the renewal credit hours.  The renewal credit hours may include the commissioner's current topics, including short sales. For the purposes of this subsection, "short sales" means real estate transactions in which the sales price is insufficient to pay the loan encumbering the property in addition to the costs of sale and the seller is unable to pay the difference.

B. If an applicant is renewing a license within one year after it expired, the applicant may apply continuing education hours completed after the expiration toward the continuing education required for renewal.

C. Each renewal application shall contain, as applicable, the same information required in an original application pursuant to section 32-2123.

D. Cemetery brokers and salespersons and membership camping brokers and salespersons are exempt from the educational requirements of this section.

E. This section does not require a licensee to attend department produced or sponsored courses if approved courses are otherwise available.

F. Between the expiration date of the license and the date of renewal of the license, the rights of the licensee under the license expire.  While the license is expired it is unlawful for a person to act or attempt or offer to act in a manner included in the definition of a real estate, cemetery or membership camping broker or salesperson. If the license of an employing broker expires under this subsection, the licenses of persons who are employed by the employing broker shall be severed from the employing broker on the license expiration date of the employing broker. These persons may be rehired on renewal of the employing broker's license. The department shall terminate a license that has been expired for more than one year.

G. Except as provided in section 32-4301, not more than one year after the license expiration date, the department shall renew a license without requiring the applicant to submit to an examination if the applicant held a license that was not canceled or suspended at the time of expiration.  Except as provided in section 32-4301, the license period for a license renewed pursuant to this subsection commences the day after the expiration date of the expired license. Except as provided in section 32-2131, subsection A, paragraph 4 or 6, an applicant whose license has been terminated or revoked does not qualify for license renewal.

H. Any employee or immediate family member of any employee of this state who, pursuant to section 32-2110 or any other law, rule or requirement, is prohibited from using a license issued under this chapter shall have, on the request of the employee or family member, the license placed on inactive status, shall have the right to renew the license and shall not be required to pay further fees until the employee or family member is again eligible to use the license. Renewal fees for the license shall not be required for only as long as the employee or family member is prohibited from using the license.

I. The department shall not renew the license of a person who has been convicted of a felony offense and who is currently incarcerated for the conviction, paroled or under community supervision and under the supervision of a parole or community supervision officer or who is on probation as a result of the conviction. This subsection does not limit the commissioner's authority and discretion to deny the renewal for any other reason pursuant to this chapter.

J. A real estate broker licensee may renew as a real estate salesperson licensee without having to meet the requirements prescribed by section 32-2124, subsection B. If a person renews as a real estate salesperson pursuant to this subsection, the person shall pay the salesperson's renewal fee as prescribed in section 32-2132. If the person subsequently wants to obtain a real estate broker license, the person must meet the requirements of this chapter, including the requirements prescribed by section 32-2124, subsection C.

K. A licensee with an inactive license does not need to complete continuing education credit hours during the period that the license is inactive. If the licensee applies with the department to change the license status to active:

1. The commissioner may require the licensee to complete continuing education credit hours before activating the license.

2. In addition to the continuing education requirement described in paragraph 1 of this subsection, if the license has been inactive for more than fifteen years, the commissioner shall require that the applicant successfully pass an examination specific to the laws of this state relating to this chapter before activating the license.

L. One year before the fifteen-year period described in subsection K, paragraph 2 of this section expires, the department shall send a notice to a licensee with an inactive license.  The notice shall be sent to the licensee's last known address of record maintained by the department and shall disclose the requirements of subsection K of this section.
A.R.S. § 32-1663 — Arizona Code / Title 32 / Chapter 15 / Article 3 / Section 1663
32-1663 Disciplinary action
Status: in_force

32-1663. Disciplinary action

A. If an applicant for licensure or certification commits an act of unprofessional conduct, the board, after an investigation, may deny the application or take other disciplinary action.

B. In its denial order, the board shall immediately invalidate any temporary license or certificate issued to the applicant.

C. Any person aggrieved by an order of the board issued under the authority granted by subsection A of this section may request an administrative hearing pursuant to title 41, chapter 6, article 10.

D. If the board finds, after affording an opportunity to request an administrative hearing pursuant to title 41, chapter 6, article 10, that a person who holds a license or certificate issued pursuant to this chapter has committed an act of unprofessional conduct, it may take disciplinary action.

E. If the board finds after giving the person an opportunity to request an administrative hearing pursuant to title 41, chapter 6, article 10 that a nurse who practices in this state and is licensed by another jurisdiction pursuant to section 32-1668 committed an act of unprofessional conduct, the board may limit, suspend or revoke the privilege of that nurse to practice in this state.

F. If the board determines pursuant to an investigation that reasonable grounds exist to discipline a person pursuant to subsection D or E of this section, the board may serve on the licensee or certificate holder a written notice that states:

1. That the board has sufficient evidence that, if not rebutted or explained, will justify the board in taking disciplinary actions allowed by this chapter.

2. The nature of the allegations asserted and that cites the specific statutes or rules violated.

3. That unless the licensee or certificate holder submits a written request for a hearing within thirty days after service of the notice by certified mail, the board may consider the allegations admitted and may take any disciplinary action allowed pursuant to this chapter without conducting a hearing.

G. If the Arizona state board of nursing acts to modify any registered nurse practitioner's or clinical nurse specialist's prescription writing privileges, it shall immediately notify the Arizona state board of pharmacy of the modification.
A.R.S. § 32-1643 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1643
32-1643 Fees; penalties
Status: in_force

32-1643. Fees; penalties

A. The board by formal vote at its annual meeting shall establish fees not to exceed the following amounts:

1. Initial application for certification for certified registered nurse anesthetist, registered nurse practitioner and clinical nurse specialist in specialty areas, $150.

2. Initial application for school nurse certification, $75.

3. Initial application for license as a registered nurse, $150.

4. Initial application for license as a practical nurse, $150.

5. Application for reissuance of a registered or practical nursing license, $150.

6. Application for renewal of a registered nurse or a practical nurse license before expiration, $160.

7. Application for renewal of license after expiration, $160, plus a late fee of $50 for each month the license is lapsed, but not to exceed a total of $200.

8. Application for renewal of a school nurse certificate, $50.

9. Application for temporary registered nurse, practical nurse or licensed nursing assistant license, $50.

10. Retaking the registered nurse or practical nurse examination, $100.

11. Issuing a license to an applicant to become a licensed nursing assistant or licensed health aide, $50.

12. Issuing a license to a licensed nursing assistant or licensed health aide applicant for renewal, $50.

13. Application for renewal of a licensed nursing assistant or licensed health aide license after its expiration, $25 for each year it is expired, not to exceed a total of $100.

14. Issuing a duplicate license or certificate, $25.

15. Copying a nursing program transcript, $25.

16. Verification to another state or country of licensure for endorsement, certification for advanced practice or licensed nursing assistant licensure, $50.

17. Providing verification to an applicant for licensure or for licensed nursing assistant licensure by endorsement, $50.

18. Application to prescribe and dispense medication and application to prescribe medication, $150.

19. Application for renewal of prescribing and dispensing medication privileges before expiration and application for renewal of prescribing medication privileges before expiration, $20.

20. Application for renewal of prescribing and dispensing medication privileges after expiration and application for renewal of prescribing medication privileges after expiration, $35.

21. Issuing an inactive license, $50.

22. Writing the national council licensing examination for the first time, $150.

23. Sale of publications prepared by the board, $50.

24. Providing notary services, $2, or as allowed under section 41-316.

25. Copying records, documents, letters, minutes, applications and files, $.50 a page.

26. Processing fingerprint cards, $50.

27. Registration for board seminars, $100.

28. Failing to notify the board of a change of address pursuant to section 32-1609, $25.

B. The board may collect from the drawer of a dishonored check, draft order or note an amount allowed pursuant to section 44-6852.
A.R.S. § 32-2421 — Arizona Code / Title 32 / Chapter 24 / Article 2 / Section 2421
32-2421 Qualifying party
Status: in_force

32-2421. Qualifying party

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

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

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

D. If required, the qualifying party shall maintain workers’ compensation insurance in effect.
A.R.S. § 32-1451.04 — Arizona Code / Title 32 / Chapter 13 / Article 3 / Section 1451.04
32-1451.04 Burden of proof
Status: in_force

32-1451.04. Burden of proof

Except for disciplinary matters brought pursuant to section 32-1401, paragraph 27, subdivision (aa), the board has the burden of proof by clear and convincing evidence for disciplinary matters brought pursuant to this chapter.
A.R.S. § 32-2156 — Arizona Code / Title 32 / Chapter 20 / Article 3 / Section 2156
32-2156 Real estate sales and leases; disclosure
Status: in_force

32-2156. Real estate sales and leases; disclosure

A. No criminal, civil or administrative action may be brought against a transferor or lessor of real property or a licensee for failing to disclose that the property being transferred or leased is or has been:

1. The site of a natural death, suicide or homicide or any other crime classified as a felony.

2. Owned or occupied by a person exposed to the human immunodeficiency virus or diagnosed as having the acquired immune deficiency syndrome or any other disease that is not known to be transmitted through common occupancy of real estate.

3. Located in the vicinity of a sex offender.

B. Failing to disclose any fact or suspicion as set forth in subsection A shall not be grounds for termination or rescission of any transaction in which real property has been or will be transferred or leased.
A.R.S. § 32-1289 — Arizona Code / Title 32 / Chapter 11 / Article 4 / Section 1289
32-1289 Employment of dental hygienist by public agency, institution or school
Status: in_force

32-1289. Employment of dental hygienist by public agency, institution or school

A. A public health agency or institution or a public or private school authority may employ dental hygienists to perform necessary dental hygiene procedures under either direct or general supervision pursuant to section 32-1281.

B. A dental hygienist employed by or working under contract or as a volunteer for a public health agency or institution or a public or private school authority before an examination by a dentist may perform a screening or assessment and apply sealants and topical fluoride.
A.R.S. § 32-3656 — Arizona Code / Title 32 / Chapter 36 / Article 4 / Section 3656
32-3656 Confidential records
Status: in_force

32-3656. Confidential records

Except as otherwise provided by law, all documents associated with a complaint pursuant to this article are confidential until the complaint is resolved.
A.R.S. § 32-2458 — Arizona Code / Title 32 / Chapter 24 / Article 4 / Section 2458
32-2458 Violation; classification
Status: in_force

32-2458. Violation; classification

Except as provided in section 32-2411, a licensee, associate, registrant or employee who violates any provision of this chapter is guilty of a class 1 misdemeanor.
A.R.S. § 32-2819 — Arizona Code / Title 32 / Chapter 28 / Article 2 / Section 2819
32-2819 Radiologist assistants; certification; rules; scope of practice
Status: in_force

32-2819. Radiologist assistants; certification; rules; scope of practice

A. A person who wishes to practice as a radiologist assistant must apply to the department for a certificate on a form and in the manner prescribed by the department pursuant to the requirements of section 32-2812.

B. The department shall adopt rules to implement this section.  The rules shall include the following:

1. Continuing education requirements.

2. Any other requirements the department considers appropriate to implement this section.

C. Pursuant to rules adopted by the department, a radiologist assistant may do the following under the direct supervision of a radiologist:

1. Perform fluoroscopic procedures.

2. Assess and evaluate the physiologic and psychological responsiveness of patients undergoing radiologic procedures.

3. Evaluate image quality, make initial image observations and communicate observations to the supervising radiologist.

4. Administer contrast media or other medications prescribed by the supervising radiologist.

5. Perform any other procedures consistent with rules adopted by the department.

D. In adopting rules pursuant to subsection C of this section, the department shall consider guidelines established by the the American society of radiologic technologists and the American registry of radiologic technologists.

E. A radiologist assistant shall not interpret images, make diagnoses or prescribe medications or therapies.

F. A radiologist who supervises a radiologist assistant may authorize the assistant to perform only those radiologic procedures described in this section.

G. A person shall not do any of the following without a certificate issued pursuant to this section:

1. Perform the radiologic procedures described in subsection C of this section.

2. Claim to be a radiologist assistant, including using any sign, advertisement, card, letterhead, circular or other writing, document or design to induce others to believe the person is authorized to practice as a radiologist assistant.

H. Subsection G of this section does not apply to either of the following:

1. A person engaging in the scope of practice for which the person holds a valid license or certificate.

2. A person performing a task as part of an advanced academic program.
A.R.S. § 32-2076 — Arizona Code / Title 32 / Chapter 19.1 / Article 2 / Section 2076
32-2076 Unauthorized practice of medicine
Status: in_force

32-2076. Unauthorized practice of medicine

This chapter does not authorize a person to engage in any manner in the practice of medicine pursuant to chapter 13, 17 or 29 of this title, except that a person licensed as provided in this chapter may diagnose, treat and correct human conditions ordinarily within the scope of the practice of a psychologist.
A.R.S. § 32-1833 — Arizona Code / Title 32 / Chapter 17 / Article 2 / Section 1833
32-1833 Pro bono registration
Status: in_force

32-1833. Pro bono registration

A. The board may issue a pro bono registration to allow a doctor of osteopathy who is not a licensee to practice in this state for a total of sixty days each calendar year if the doctor meets all of the following requirements:

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

2. Has never had a license revoked or suspended by a health profession regulatory board of another jurisdiction.

3. Is not the subject of an unresolved complaint.

4. Applies for registration on an annual basis as prescribed by the board.

5. Agrees to render all medical services without accepting a fee or salary or performs only initial or follow-up examinations at no cost to the patient and the patient's family through a charitable organization.

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

C. For the purpose of meeting the requirements of subsection A of this section, an applicant under this section shall provide the board the name of each state in which the person is licensed or has held a license.  The board shall verify with the applicable regulatory board of each state that the applicant is licensed or has held a license, has never had a license revoked or suspended and is not the subject of an unresolved complaint.  The board may accept the verification of the information required by subsection A, paragraphs 1, 2 and 3 of this section from each of the other state's regulatory boards either electronically or by hard copy.
A.R.S. § 32-2371 — Arizona Code / Title 32 / Chapter 23 / Article 2 / Section 2371
32-2371 License for schools; requirements; fingerprint clearance card
Status: in_force

32-2371. License for schools; requirements; fingerprint clearance card

A. A professional driver training school shall not be established and any such existing school shall not be continued on or after March 13, 1968 unless the school applies for and obtains from the director a license in the manner and form prescribed by the director.

B. Rules adopted by the director shall state the requirements for a school license, including requirements concerning location, equipment, courses of instruction, instructors, previous records of the school and instructors, schedule of fees and charges, insurance in such a sum and with such provisions as the director deems necessary to protect adequately the interests of the public, and such other matters as the director may prescribe for the protection of the public.

C. Each applicant who owns twenty percent or more of an entity, and each partner or stockholder who owns twenty percent or more of an entity, and who seeks licensure pursuant to this chapter shall provide the department or a contracted private entity of the department pursuant to section 32-2352 with a valid fingerprint clearance card issued pursuant to section 41-1758.03.
A.R.S. § 32-2195.10 — Arizona Code / Title 32 / Chapter 20 / Article 7 / Section 2195.10
32-2195.10 Change of plan after approval by commissioner; notice
Status: in_force

32-2195.10. Change of plan after approval by commissioner; notice

It is unlawful for an owner, agent or subdivider, after submitting to the commissioner a plan under which unsubdivided lands are to be offered for sale or lease and securing his approval, to change the plan materially without first notifying the commissioner in writing of the intended change. On receipt of a notice of a change of plan, the commissioner, if he determines such action to be necessary for the protection of purchasers, may suspend his approval of the sale or lease pending amendment of the public report.
A.R.S. § 32-2173 — Arizona Code / Title 32 / Chapter 20 / Article 3.1 / Section 2173
32-2173 Property management agreements; contents, termination
Status: in_force

32-2173. Property management agreements; contents, termination

A. A property management firm shall write property management agreements in clear, unambiguous language, and the property management agreements:

1. Shall:

(a) State all material terms and conditions of the property management firm's services, obligations, duties and responsibilities to the property owner.

(b) Be signed by the property owner or his agent and the property management firm's designated broker or the broker's authorized real estate licensee.

(c) Specify a beginning and an ending date.

(d) Contain cancellation provisions that are agreeable to both parties.

(e) Provide for the manner of disposition of all monies collected by the property management firm, including any tenant deposits.

(f) Specify the type and frequency of status reports to the owner.

(g) State the amount and purpose of monies the property management firm holds as an operating reserve for emergency and other purposes.

(h) Provide for the disposition and allocation of interest earned on trust account monies.

(i) State the terms and conditions of compensation the property owner pays for services pursuant to the property management agreement.

(j) Not be assigned to another licensee or licensed entity without the express written consent of the property owner.

2. May:

(a) Contain an automatic renewal provision, if the property management firm sends the owner a reminder notice at least thirty days before the renewal date. The notice does not negate any other cancellation term otherwise agreed to.

(b) Provide for reasonable liquidated damages or cancellation fees for early termination of the agreement.

(c) Allow the property management firm's broker to authorize a licensed or unlicensed person in the direct employment of the broker, pursuant to section 32-2174, subsection C, to transfer monies from or to be a signatory on a property management trust account to which the property management firm deposits the owner's monies.

(d) Require more than one signature on checks written from a property management account.

(e) Contain any other provisions that are agreed to between the property management firm and the owner and that are not in conflict with the requirements of this chapter.

B. Immediately on termination of a property management agreement, the property management firm shall provide the owner with:

1. All originals or other copies of all rental agreements or related documents in the property management firm's possession for current and previous tenants. These documents shall include any applications, property inventories, leases, pet permits, default notices, lease amendments or addenda in the property management firm's possession. The broker is not required to keep copies of residential rental lease agreements or related rental lease documents after termination of the property management agreement.

2. All building plans, environmental studies, conditions, covenants and restrictions, inspection reports, contracts, keys, warranties, personal property or other documents in the possession of the property management firm.

C. On termination of the property management agreement the property management firm shall provide the owner with a final accounting of the property's financial status that includes at a minimum:

1. Within five days, a list of all tenant security obligations.

2. Within thirty-five days, reimbursement for all monies remaining in the property accounts maintained by the property management firm, except for monies needed for unpaid obligations incurred during the term of the property management agreement.

3. Within seventy-five days, a final accounts receivable and payable list.

4. Within seventy-five days, a final bank account reconciliation.

D. If there is an on-site management office and any of the records or documents described in subsection B of this section are located on site, the property management firm may leave the items there for the benefit of the owner on termination of the property management agreement. The property management firm shall inform the owner in writing immediately as to the location of these records.
A.R.S. § 32-2558 — Arizona Code / Title 32 / Chapter 25 / Article 4 / Section 2558
32-2558 Reinstatement of revoked or surrendered license
Status: in_force

32-2558. Reinstatement of revoked or surrendered license

A. On written application, the board may issue a new license to a physician assistant whose license was previously revoked by the board or surrendered if the applicant demonstrates to the board's satisfaction that the applicant is completely rehabilitated with respect to the conduct that was the basis for the revocation or surrender.  In making its decision, the board shall determine:

1. That the applicant has not engaged in any conduct during the revocation or surrender period that would have constituted a basis for revocation or surrender pursuant to section 32-2551.

2. If a criminal conviction was a basis of the revocation or surrender, that the applicant's civil rights have been fully restored pursuant to statute or any other applicable recognized judicial or gubernatorial order.

3. That the applicant has made restitution to any aggrieved person as ordered by a court of competent jurisdiction.

4. That the applicant demonstrates any other standard of rehabilitation the board determines is appropriate.

B. Except as provided in subsection C of this section, a person shall not submit an application for reinstatement less than two years after the date of revocation or surrender.

C. The board shall vacate its previous order to revoke or accept the surrender of a license if that revocation or surrender was based on a conviction of a felony or an offense involving moral turpitude and that conviction has been reversed on appeal. The physician assistant may submit an application for reinstatement as soon as the court enters the reversal.

D. An applicant for reinstatement shall comply with all initial licensing requirements prescribed by this chapter.
A.R.S. § 32-1752 — Arizona Code / Title 32 / Chapter 16 / Article 3 / Section 1752
32-1752 Violation; classification
Status: in_force

32-1752. Violation; classification

A person who practices the profession of optometry without at the time having a valid license to practice, or who files or attempts to file with the board of optometry practice locations under a license issued to another, claiming to be the person entitled to practice under such license, is guilty of a class 2 misdemeanor.
A.R.S. § 32-1832 — Arizona Code / Title 32 / Chapter 17 / Article 2 / Section 1832
32-1832 Retired license; waiver of fees; reinstatement; limited license; volunteer work
Status: in_force

32-1832. Retired license; waiver of fees; reinstatement; limited license; volunteer work

A. The board shall waive a physician's biennial renewal fee if the physician has paid all past fees, presents an affidavit to the board stating that the physician has permanently retired from the practice of osteopathic medicine and does not have any pending complaints or open disciplinary matters before the board.

B. A retired physician whose biennial fee has been waived by the board pursuant to this section is not required to comply with any continuing medical education requirements of this chapter.

C. After retired status is granted by the board, a retired physician shall submit a renewal of retired status every two years on a form and in a manner prescribed by the board.

D. Except as provided in subsection F of this section, a retired physician who has had the biennial renewal fee waived by the board pursuant to this section and who engages in the practice of osteopathic medicine is subject to the same penalties that are imposed pursuant to this chapter on a person who practices medicine without a license or without being exempt from licensure.

E. The board may reinstate a retired physician to active status on payment of the biennial renewal fee and presentation of evidence satisfactory to the board that the physician meets the qualifications prescribed pursuant to section 32-1822.  The board may deny the request for reinstatement, place the licensee on probation or issue a limited license that requires general or direct supervision by another licensed doctor of osteopathy for not more than one year.

F. A retired physician who has had the biennial renewal fee waived by the board pursuant to this section may perform volunteer work of not more than ten hours each week and may teach or provide instruction at an approved school of osteopathic medicine.
A.R.S. § 32-2194.17 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.17
32-2194.17 Transaction of cemetery business
Status: in_force

32-2194.17. Transaction of cemetery business

Only a corporation or a limited liability company duly organized to conduct cemetery business may transact cemetery business pursuant to this article.
A.R.S. § 32-3952 — Arizona Code / Title 32 / Chapter 39 / Article 3 / Section 3952
32-3952 Right to examine and copy evidence
Status: in_force

32-3952. Right to examine and copy evidence

In connection with a board investigation conducted pursuant to 32-3951, the board at all reasonable times has the right to examine and copy any documents, reports, records or other physical evidence of any person being investigated or reports, records and any other documents maintained by and in the possession of any clinic, licensee's office or other public or private agency and any health care institution as defined in section 36-401 if the board believes this information is related to unprofessional conduct or the mental or physical ability of a licensee to practice acupuncture.
A.R.S. § 32-4041 — Arizona Code / Title 32 / Chapter 40 / Article 3 / Section 4041
32-4041 Revocation or suspension of certificate
Status: in_force

32-4041. Revocation or suspension of certificate

A. The board may revoke or suspend a certificate issued under this chapter for any of the following reasons:

1. Unprofessional conduct.

2. Violations of this chapter.

3. Gross negligence or incompetence in the performance of duties.

4. Fraud, dishonesty or corruption.

5. Inability to perform the duties of a certified reporter at a level of skill that is required by the board.

6. Aiding or assisting another person to engage in the verbatim reporting of any judicial proceeding if the other person is not a certified reporter.

7. Conviction by final judgment of a felony offense or any other offense involving moral turpitude.

8. The court has ordered treatment for a certified reporter pursuant to title 36 or has found a certified reporter to be incapacitated pursuant to title 14.

B. Before revoking or suspending a certificate, the board shall give a certificate holder notice and an opportunity for a hearing, except that if the board finds that the public health, safety or welfare requires emergency action and incorporates a finding to that effect in the order, the board may order the summary suspension of a certificate pending a proceeding for certificate revocation or other action.
A.R.S. § 32-1239 — Arizona Code / Title 32 / Chapter 11 / Article 2 / Section 1239
32-1239 Practice under restricted permit
Status: in_force

32-1239. Practice under restricted permit

A person to whom a restricted permit is issued may practice dentistry only in the course of the person's employment by a recognized charitable dental clinic or organization or for educational purposes in connection with and while enrolled in recognized continuing dental education as approved by the board. The person shall file a copy of the person's employment contract or confirmation of enrollment with recognized continuing dental education with the board, and the contract or confirmation shall contain the following provisions:

1. The applicant understands and acknowledges that if the applicant's employment by the charitable dental clinic or organization or enrollment in the recognized continuing dental education is terminated before the expiration of the applicant's restricted permit, the applicant's restricted permit will be automatically revoked and the applicant will voluntarily surrender the permit to the board and will no longer be eligible to practice unless or until the applicant has satisfied the requirements of section 32-1237 or has successfully passed the examination as provided in this article.

2. The person must be either:

(a) Employed by a dental clinic or organization that is organized and operated for charitable purposes offering dental services without compensation. The term "employed" as used in this subdivision includes the performance of dental services without compensation.

(b) Enrolled in recognized continuing dental education and providing charitable dental services, for which the person may not receive any compensation, in connection with recognized continuing dental education with an organization that is exempt from taxation pursuant to section 501(c)(3) of the internal revenue code.

3. The person is subject to all the provisions of this chapter applicable to licensed dentists and to the jurisdiction and discipline of the board for all dental care and services provided under the restricted permit.
A.R.S. § 32-2195.04 — Arizona Code / Title 32 / Chapter 20 / Article 7 / Section 2195.04
32-2195.04 Sale of lots or parcels of unsubdivided lands; conditions precedent; methods
Status: in_force

32-2195.04. Sale of lots or parcels of unsubdivided lands; conditions precedent; methods

A. It is unlawful for the owner or agent of unsubdivided lands subject to the provisions of this article to sell or offer to sell lots or parcels of such land unless the sale complies with one of the following:

1. Execution, delivery and recording of a deed in good and sufficient form conveying to the purchaser merchantable and marketable title to the property subject only to such exceptions as may be agreed to in writing by the purchaser. Any balance remaining unpaid by the purchaser may be evidenced by a note and mortgage or deed of trust. The deed and mortgage or deed of trust shall be recorded by the owner or agent within sixty days of execution thereof by the purchaser.

2. Execution, delivery, recording and depositing in escrow, not later than sixty days after execution by the purchaser, with a person or firm authorized to receive escrows under the laws of this state or the state in which the unsubdivided lands are located, of a real estate sales contract pertaining to the property, which contract sets forth the full and correct legal description of the property being sold and the precise terms and conditions under which the property is being sold together with:

(a) A copy of a preliminary title report showing the condition of title to the property on the date of the real estate sales contract or a preliminary title report showing the condition of title on an earlier date together with a copy of any document, recorded subsequent to the date of the preliminary title report, which affects the title to the property.

(b) An executed deed in good and sufficient form conveying to the purchaser merchantable and marketable title, subject only to such exceptions as may be agreed to in writing by the purchaser which deed, under the terms of the real estate sales contract, is to be delivered to the escrow agent provided for under the contract within sixty days of the purchaser's execution of the contract and is to be recorded within sixty days after purchaser's compliance with the obligations imposed on him under the contract together with any release or partial release of any blanket encumbrance pertaining to said real property being sold.

(c) Any and all documents necessary to release or extinguish any blanket encumbrance to the extent it applies to the real property being sold, or a partial release of the parcel being sold from the terms and provisions of such blanket encumbrance.

3. Execution, delivery and recording of a deed to the real property to a trustee together with a trust agreement and any and all documents necessary to release or extinguish any blanket encumbrance to the extent it applies to property being sold, or a partial release of the lot or parcel being sold from the terms and provisions of such blanket encumbrance. The trust agreement shall provide for conveyance by the trustee to a purchaser, upon purchaser's compliance with the obligations imposed on him under his real estate sales contract, by a deed in good and sufficient form conveying to the purchaser merchantable and marketable title, subject only to such exceptions as may be agreed to in writing by the purchaser. The real estate sales contract of the real property being sold shall be recorded by the owner or agent of unsubdivided lands within sixty days of execution of the real estate sales contract by the purchaser. The trustee shall execute, record and deliver the deed and record the release or partial release required by this subsection within sixty days of the purchaser's fulfillment of the terms of his real estate sales contract.

B. All documents required to be recorded under the provisions of this section shall be recorded in the county and state wherein the unsubdivided land is located.

C. Any sale or assignment of a mortgage, deed of trust or real estate sales contract by an owner or agent of unsubdivided lands or trustee shall be recorded in the county and state where the unsubdivided land is located and a notice of such sale or assignment provided to the commissioner, the recording and notice thereof to be effected not later than sixty days after the execution of such assignment.

D. Any contract or agreement entered into after January 1, 1977, to purchase or lease a parcel in unsubdivided lands subject to this article may be rescinded by the purchaser without cause of any kind by sending or delivering written notice of rescission by midnight of the seventh calendar day following the day on which the purchaser or prospective purchaser has executed such contract or agreement. The owner or agent shall clearly and conspicuously disclose, in accordance with the regulations adopted by the commissioner, the right to rescind provided for in this section and shall provide, in accordance with regulations adopted by the commissioner, an adequate opportunity to exercise the right to rescission within the time limit set in this section. The commissioner may adopt regulations to exempt commercial and industrial developments from such requirement.

E. If a buyer of a lot or parcel of unsubdivided land has not inspected the lot or parcel prior to the execution of the purchase agreement, the buyer shall have a six-month period after the execution of the purchase agreement to inspect the lot or parcel and at the time of the inspection have the right to unilaterally rescind the purchase agreement. At the time of inspection, the buyer must sign an affidavit stating that he has inspected the real property and at the request of the commissioner such affidavit may be required to be filed with the department.

F. Only a bank, savings and loan association or title insurance company doing business under the laws of this state or the United States or the state in which the unsubdivided land is located, or a title insurance company wholly-owned subsidiary or underwriting agent qualified under section 20-1580, or persons or firms authorized to receive escrows under the laws of this state or the state in which the unsubdivided land is located may act as trustee under paragraph 3 of subsection A of this section. Nothing in this subsection extends to a firm or individual authority to act as a trustee unless such authority is otherwise provided by law.
A.R.S. § 32-504 — Arizona Code / Title 32 / Chapter 5 / Article 1 / Section 504
32-504 Powers and duties
Status: in_force

32-504. Powers and duties

A. The board shall:

1. Adopt rules that are necessary and proper to administer this chapter, including:

(a) Sanitary and safety requirements for establishments and schools.

(b) Sanitary and safety standards for the practices of barbering, cosmetology, aesthetics, nail technology and hairstyling.

(c) Mobile facility requirements.

2. Administer and enforce this chapter and rules adopted pursuant to this chapter.

3. Either prepare, administer and grade practical and written examinations or contract with a national professional organization for aesthetics, barbering, cosmetology, hairstyling and nail technology that is selected by the board to prepare, administer and grade practical and written examinations.

4. Make and maintain a record of its acts and proceedings, including the issuance, denial, renewal, suspension or revocation of licenses and registrations and public reproofs of licensees and registrants.

5. Evidence its official acts by the signature of the chairperson or vice chairperson of the board or a representative designated by the board.

6. Keep records of the board open to public inspection at all reasonable times.

7. Prescribe minimum school curriculum requirements for barbers, cosmetologists, aestheticians, nail technicians, hairstylists and instructors.

8. Prescribe standards and requirements for the provision of establishment services through mobile facilities and in customer locations.

9. Approve an aesthetician, a barber, a cosmetologist, a hairstylist or a nail technician as a mentor based on the licensee's record of compliance with this chapter.  The board may not condition the approval on the  licensee's payment of an additional fee or completion of an additional requirement.

B. The board may:

1. Inspect the premises of any establishment or school during business hours.

2. Delegate authority to its executive director to issue licenses and registrations to applicants who meet the requirements of this chapter.
A.R.S. § 32-2157 — Arizona Code / Title 32 / Chapter 20 / Article 3 / Section 2157
32-2157 Written notice of charges; summary suspension; hearing; voluntary surrender of license
Status: in_force

32-2157. Written notice of charges; summary suspension; hearing; voluntary surrender of license

A. Except as provided in subsections B and C of this section, before suspending, revoking or denying the renewal or the right of renewal of any license, or issuing any order prohibiting the sale or lease of property or the sale of cemetery lots or membership camping contracts as provided by this chapter, the commissioner shall present the licensee, owner, including the current owner of the property, operator, agent or developer with written notice of the charges filed against the person, or reasons for prohibiting the sale or lease, and shall afford the person an opportunity for a hearing pursuant to title 41, chapter 6, article 10.  Within twenty days after service of a notice of hearing, the respondent shall appear by filing a written answer to the complaint.  A licensee against whom the department has commenced a disciplinary proceeding under this chapter may voluntarily surrender to the department the license if the surrender of the license occurs not less than ten days prior to a hearing under this section.  After the acceptance of a voluntary surrender of a license under this section the department shall not thereafter issue a license under this chapter to the licensee.

B. If the commissioner finds that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in the commissioner's order, summary suspension of a license or sales may be ordered.  Grounds for issuance of an order of summary suspension include the violation of any of the provisions of section 32-2153 and the termination of a license pursuant to section 32-2188, subsection I. A licensee, owner, including the current owner of the property, operator, agent or developer may request a hearing pursuant to title 41, chapter 6, article 10.  A summary suspension shall be deemed to be final if a request for a hearing is not received within thirty days as provided by section 41-1092.03.

C. The department may issue a summary suspension when the department receives notice that a person licensed pursuant to this chapter has been convicted of a felony offense and is currently incarcerated for the conviction, paroled or under the supervision of a parole or community supervision officer or is on probation as a result of the conviction.  This subsection does not limit the commissioner's authority to seek revocation of a license or other disciplinary action pursuant to this chapter.
A.R.S. § 32-1206 — Arizona Code / Title 32 / Chapter 11 / Article 1 / Section 1206
32-1206 Compensation of board members; investigation committee members
Status: in_force

32-1206. Compensation of board members; investigation committee members

A. Members of the board are entitled to receive compensation in the amount of $250 for each day actually spent in performing necessary work authorized by the board and all expenses necessarily and properly incurred while performing this work.

B. Members of an investigation committee established by the board may receive compensation in the amount of $100 for each committee meeting.
A.R.S. § 32-2441 — Arizona Code / Title 32 / Chapter 24 / Article 3 / Section 2441
32-2441 Qualification of applicant for associate or employee registration
Status: in_force

32-2441. Qualification of applicant for associate or employee registration

An applicant for an associate or employee registration certificate shall:

1. Be at least eighteen years of age.

2. Be a citizen or 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 associate or employee registration certificate, 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 either of the following:

(a) Adjudicated mentally incompetent.

(b) Found to constitute a danger to self or others pursuant to section 36-540.

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 private investigator without a license if a license was required.

10. Not be a registered sex offender.
A.R.S. § 32-2107 — Arizona Code / Title 32 / Chapter 20 / Article 1 / Section 2107
32-2107 Powers and duties of commissioner; compensation; administration of department; seal; revolving fund
Status: in_force

32-2107. Powers and duties of commissioner; compensation; administration of department; seal; revolving fund

A. The commissioner shall have charge of the department with power to administer it in accordance with the provisions of and to carry out the purposes of this chapter.  The commissioner shall adopt a seal which shall bear the words "real estate commissioner, state of Arizona", which shall be used for the authentication of proceedings of the department and the official documents thereof.  The commissioner's principal office shall be at the state capitol.  The commissioner may have branch offices the commissioner deems necessary in other cities.

B. The commissioner shall receive compensation as determined pursuant to section 38-611.

C. The commissioner shall prepare and cause to be produced and circulated among the licensees and the general public educational matter the commissioner deems helpful and proper for the guidance and assistance of both licensees and the public. The commissioner may assess a fee for each of these educational products that does not exceed a level reasonably estimated to be sufficient to recover production and distribution costs.

D. In cooperation with industry educators, content experts and other professionals, the commissioner may develop, sponsor or hold educational seminars and workshops for the benefit of licensees.

E. A real estate department education revolving fund is established consisting of monies received from the sale of educational matter under subsection C of this section and grants of monies to be used in the production of educational products. Monies in the fund shall be used for the printing of a compilation of real estate laws and rules and other educational publications and for other educational efforts the commissioner deems helpful and proper for the guidance and assistance of licensees and the public, including sponsoring and holding educational seminars or workshops for educators and other licensees. The department shall establish the revolving fund as a separate account. The department shall make a full accounting of its use to the department of administration annually or as required by the department of administration. Expenditures from the fund and reimbursement to the fund shall be as prescribed by rules of the department of administration. Monies received in the real estate department education revolving fund are not subject to reversion, except that all monies in the fund in excess of twenty-five thousand dollars at the end of the fiscal year revert to the state general fund.

F. The commissioner shall adopt rules, in accord with this chapter, as the commissioner deems necessary to carry out this chapter.

G. The commissioner may approve standardized legal forms for use in the sale or lease of real estate for the purpose of recognizing compliance of the forms with this chapter and the rules adopted pursuant to this chapter.
A.R.S. § 32-2240.02 — Arizona Code / Title 32 / Chapter 21 / Article 3 / Section 2240.02
32-2240.02 Certified rabies vaccinators; training; renewal
Status: in_force

32-2240.02. Certified rabies vaccinators; training; renewal

A. A licensed veterinarian may appoint a person who is not a veterinarian licensed pursuant to section 32-2212 as a certified rabies vaccinator to administer rabies vaccines on the premises of a shelter or animal rescue organization facility that is located in a county with a population of less than four hundred thousand persons or a census county division with less than fifty thousand persons in a county with a population of four hundred thousand persons or more if a licensed veterinarian is not available.

B. The licensed veterinarian who made the appointment shall provide in-person training to each person appointed to administer rabies vaccines pursuant to subsection A of this section. On satisfactory completion of this training, the licensed veterinarian who made the appointment shall certify in writing that the person has demonstrated the knowledge and skills acceptable to administer rabies vaccines.

C. Initial certification of rabies vaccinators under this section is valid for one year.  Subsequent certifications under this section are valid for two years and must be renewed as prescribed by the state veterinarian pursuant to section 11-1002.

D. The certified rabies vaccinator shall maintain records of all vaccinations administered for three years and shall notify the veterinarian who made the appointment of any adverse events.

E. A licensed veterinarian who appoints a certified rabies vaccinator is not liable for any action taken by a certified rabies vaccinator in the course of administering a rabies vaccine.
A.R.S. § 32-2237 — Arizona Code / Title 32 / Chapter 21 / Article 3 / Section 2237
32-2237 Committee to investigate violations; referral to county attorney or attorney general; inspection of records; subpoenas; civil penalty; injunctions; cease and desist orders; confidentiality
Status: in_force

32-2237. Committee to investigate violations; referral to county attorney or attorney general; inspection of records; subpoenas; civil penalty; injunctions; cease and desist orders; confidentiality

A. The board shall appoint one or more investigative committees, each consisting of three licensed veterinarians who are not board members and two members of the general public who are not board members. The board shall appoint and dismiss members of investigative committees.  Each member shall serve for a term of two years. A committee member may not serve more than four consecutive terms.  A member of the investigative committee must resign when the member files an application to serve on the board.  A quorum for an investigative committee shall include at least three members, at least two of whom must be veterinarians.

B. The investigative committee may interview witnesses, gather evidence and otherwise investigate any allegations accusing any person of violating any of the provisions of this chapter.  An assistant attorney general shall advise the investigative committee on all questions of law arising out of its investigations. The expenses of the committee shall be paid out of the veterinary medical examining board fund.

C. The investigative committee shall prepare a written report relating to any allegations it investigates. The committee shall present its report to the board in an open meeting. The report shall include:

1. A summary of the investigation.

2. Findings of fact.

3. Either a recommendation to dismiss the allegation made in the complaint or a finding that a violation of this chapter or a rule adopted pursuant to this chapter occurred.

D. If the board rejects any recommendation contained in a report of the investigative committee, it shall document the reasons for its decision in writing.

E. Upon the complaint of any citizen of this state, or upon its own initiative, the board may investigate any alleged violation of this chapter. If after investigation the board has probable cause to believe that an unlicensed person is performing acts that are required to be performed by a person licensed pursuant to this chapter, the board may take one or more of the following enforcement actions:

1. Issue a cease and desist order.

2. Request the county attorney or attorney general to file criminal charges against the person.

3. File an action in the superior court to enjoin the person from engaging in the unlicensed practice of veterinary medicine.

4. After notice and an opportunity for a hearing, impose a civil penalty of not more than one thousand dollars for each violation.

F. The board or its agents or employees may at all reasonable times have access to and the right to copy any documents, reports, records or other physical evidence of any veterinarian, including documents, reports, records or physical evidence maintained by and in the possession of any veterinary medical hospital, clinic, office or other veterinary medical premises being investigated, if such documents, records, reports or other physical evidence relates to a specific investigation or proceeding conducted by the board.

G. The board on its own initiative or upon application of any person involved in an investigation or proceeding conducted by the board may issue subpoenas compelling the attendance and testimony of witnesses or demanding the production for examination or copying of documents, reports, records or any other physical evidence if such evidence relates to the specific investigation or proceeding conducted by the board.

H. Except as provided in this subsection, all materials, documents and evidence associated with a pending or resolved complaint or investigation are confidential and are not public records. The following materials, documents and evidence are not confidential and are public records if they relate to resolved complaints:

1. The complaint.

2. The response and any rebuttal statements submitted by the licensee or certificate holder.

3. Board discussions of complaints that are recorded pursuant to section 32-2204, subsection C.

4. Written reports of an investigative committee that are prepared pursuant to subsection C of this section.

5. Written statements of the board that are prepared pursuant to subsection D of this section.
A.R.S. § 32-3677 — Arizona Code / Title 32 / Chapter 36 / Article 5 / Section 3677
32-3677 Review of disputes
Status: in_force

32-3677. Review of disputes

A. An appraisal management company shall not remove an appraiser from its appraiser panel, or otherwise refuse to assign requests for real property appraisal services to an independent appraiser, without notifying the appraiser in writing of the reasons for the appraiser being removed from the appraiser panel of the appraisal management company.

B. An independent appraiser that is removed from the appraiser panel of an appraisal management company for alleged illegal conduct, a violation of the uniform standards of professional appraisal practice or a violation of state licensing standards may file a complaint with the deputy director for a review of the decision of the appraisal management company, except that the deputy director may not make any determination regarding the nature of the business relationship between the appraiser and the appraisal management company that is unrelated to the actions specified in subsection A of this section.

C. If an independent appraiser files a complaint against an appraisal management company pursuant to subsection B of this section, the deputy director shall investigate the complaint within a reasonable time.

D. If the deputy director determines that an independent appraiser did not commit a violation of law, a violation of the uniform standards of professional appraisal practice or a violation of state licensing standards:

1. The deputy director shall order that the appraiser be added to the appraiser panel of the appraisal management company that was the subject of the complaint without prejudice.

2. The appraisal management company may request a hearing pursuant to title 41, chapter 6, article 10.
A.R.S. § 32-4105 — Arizona Code / Title 32 / Chapter 41 / Article 1 / Section 4105
32-4105 Athletic training fund
Status: in_force

32-4105. Athletic training fund

(L24, Ch. 222, sec. 49.  Eff. until 7/1/28)

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

B. Monies deposited in the athletic training fund are subject to section 35-143.01.
A.R.S. § 32-3668 — Arizona Code / Title 32 / Chapter 36 / Article 5 / Section 3668
32-3668 Owner requirements
Status: in_force

32-3668. Owner requirements

A. An appraisal management company applying for registration may not be owned by a person or have any principal of the company who has had any financial, real estate or mortgage lending industry license or certificate refused, denied, canceled, revoked or voluntarily surrendered in this state or in any other state. This requirement may be waived at the discretion of the deputy director.

B. Each person that owns, is an officer of or has a financial interest in an appraisal management company in this state shall:

1. Apply for a valid fingerprint clearance card issued pursuant to section 41-1758.03.

2. Certify to the deputy director that the person has never had any financial, real estate or mortgage lending industry license or certificate refused, denied, canceled, revoked or voluntarily surrendered in this state or in any other state.  This requirement may be waived by appeal and at the discretion of the deputy director.
A.R.S. § 32-1402 — Arizona Code / Title 32 / Chapter 13 / Article 1 / Section 1402
32-1402 Board; appointment; qualifications; term; removal; compensation; immunity; report
Status: in_force

32-1402. Board; appointment; qualifications; term; removal; compensation; immunity; report

A. The Arizona medical board is established. The board consists of twelve members, four of whom shall represent the public and eight of whom shall be actively practicing medicine.  One of the four public members shall be a licensed practical nurse or a professional nurse, as defined in chapter 15 of this title, with at least five years' experience.  The eight physicians must be from at least three different counties of the state.  Not more than five of the board members may be from any one county.  Members of the board are appointed by the governor. All appointments shall be made promptly.  The governor shall make all appointments pursuant to section 38-211.

B. Each doctor of medicine who is appointed to the board shall have been a resident of this state and actively engaged in the practice of medicine as a licensed physician in this state for at least the five years before appointment.

C. The term of office of a member of the board is five years, commencing on July 1 and terminating on July 1 of the fifth year. Each member is eligible for reappointment for not more than one additional term.  However, the term of office for a member of the board appointed to fill a vacancy occasioned other than by expiration of a full term is for the unexpired portion of that term.  Each member may be appointed only once to fill a vacancy caused other than by expiration of a term.  The governor may reappoint that member to not more than two additional full terms.  Each member of the board shall continue to hold office until the appointment and qualification of that member's successor, subject to the following exceptions:

1. A member of the board, after notice and a hearing before the governor, may be removed on a finding by the governor of continued neglect of duty, incompetence, or unprofessional or dishonorable conduct, in which event that member's term shall end when the governor makes this finding.

2. The term of any member automatically ends:

(a) On death.

(b) On written resignation submitted to the board chairman or to the governor.

(c) On absence from the state for a period of more than six months.

(d) For failure to attend three consecutive meetings of the board.

(e) Five years after retirement from the active practice of medicine.

D. The board shall annually elect, from among its membership, a chairman, a vice-chairman and a secretary, who shall hold their respective offices at the pleasure of the board.

E. Board members are eligible to receive compensation in the amount of up to two hundred fifty dollars per day for each day of actual service in the business of the board, including time spent in preparation for and attendance at board meetings, and all expenses necessarily and properly incurred in attending meetings of the board.

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

G. The board shall submit a written report to the governor, the Arizona regulatory board of physician assistants and the members of the health and human services committee of the senate and the health committee of the house of representatives, or their successor committees, no later than August 31 of each year on the board's licensing and disciplinary activities for the previous fiscal year. The report must include both of the following:

1. Information regarding staff turnover that indicates whether the person was temporary, part-time or full-time and in which department or division the person worked.

2. The number of investigators who have been hired and how many of them have completed the investigator training program required by section 32-1405.

H. Public members appointed to the board may submit a separate written report to the governor by August 31 of each year setting forth their comments relative to the board's licensing and disciplinary activities for the previous fiscal year.
A.R.S. § 32-853 — Arizona Code / Title 32 / Chapter 7 / Article 3 / Section 853
32-853 Certain acts exempt from chapter
Status: in_force

32-853. Certain acts exempt from chapter

Nothing in this chapter shall prohibit the fitting, recommending, advertising, adjusting or sale of appliances, foot remedies or foot gear by retail dealers or manufacturers, provided that they shall not be made or fabricated by means of plaster casts or molds or by any other means for specific individual persons except on the prescription of a licensed podiatrist or physician.
A.R.S. § 32-1407 — Arizona Code / Title 32 / Chapter 13 / Article 1 / Section 1407
32-1407 Jurisdiction arbitration panel
Status: in_force

32-1407. Jurisdiction arbitration panel

A. When the board receives a complaint concerning a physician who is also licensed pursuant to chapter 29 of this title, the board shall immediately notify the board of homeopathic and integrated medicine examiners.  If the boards disagree and if both boards continue to claim jurisdiction over the dual licensee, an arbitration panel shall decide jurisdiction pursuant to section 32-2907, subsections B, C, D and E.

B. If the licensing boards decide without resorting to arbitration which board or boards shall conduct the investigation, the board or boards conducting the investigation shall transmit all investigation materials, findings and conclusions to the other board with which the physician is licensed. The board or boards shall review this information to determine if disciplinary action shall be taken against the physician.
A.R.S. § 32-1131 — Arizona Code / Title 32 / Chapter 10 / Article 2.1 / Section 1131
32-1131 Definitions
Status: in_force

32-1131. Definitions

In this article, unless the context otherwise requires:

1. "Assessment" means the contribution by a contractor to the residential contractors' recovery fund.

2. "Fund" means the residential contractors' recovery fund.

3. "Residential contractor" means a contractor as defined in section 32-1101 who is licensed to perform work on residential property pursuant to this chapter and who engages in residential contracting.
A.R.S. § 32-3227 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3227
32-3227 Unauthorized practice of a health profession; verification; posting; violation; classification; definition
Status: in_force

32-3227. Unauthorized practice of a health profession; verification; posting; violation; classification; definition

A. A health profession regulatory board shall regulate the unauthorized practice of the health profession the board regulates.

B. A health profession regulatory board or the executive director of the board, if delegated and consistent with each regulatory board's statutory authority, shall do all of the following after receiving a complaint regarding a person who is alleged to have engaged in the unauthorized practice of a health profession:

1. Verify all of the person's licensure or certification documentation with the primary source of the documentation.

2. Retain all records of the complaint and documentation verification for at least ten years.

3. Post on the board's public website for five years information regarding the person who the board verifies has engaged in the unauthorized practice of a health profession. The person may petition the board to have the information removed earlier than five years.

C. A health profession regulatory board may issue a cease and desist order to stop a person from engaging in the unauthorized practice of a health profession.

D. A health profession regulatory board shall notify each complainant that the person may submit additional information at any time during the investigation if the information was not initially submitted.

E. If a complainant requests to have the complainant's identifying information withheld from the person against whom the allegation of unauthorized practice of a health profession is being made, the board shall keep the complainant's identifying information confidential.

F. A person who engages in the unauthorized practice of a health profession is guilty of a class 5 felony.  A health profession regulatory board shall refer each verified complaint for the unauthorized practice of a health profession to the county attorney or attorney general for prosecution.

G. For the purposes of this section, "unauthorized practice of a health profession" means to engage in the practice of a health profession without having the licensure or certification required to practice in that health profession in this state.
A.R.S. § 32-2105 — Arizona Code / Title 32 / Chapter 20 / Article 1 / Section 2105
32-2105 Meetings of the state real estate advisory board
Status: in_force

32-2105. Meetings of the state real estate advisory board

A. The board shall meet for the transaction of business not less than once each quarter-year at a place within the state it designates. The board may hold other meetings it deems advisable upon five days' written notice of the time and place of the meeting, signed by the commissioner or a majority of the members of the board.

B. A majority of the board shall constitute a quorum. A vacancy on the board shall not impair the rights or powers of the remaining members.
A.R.S. § 32-2195.02 — Arizona Code / Title 32 / Chapter 20 / Article 7 / Section 2195.02
32-2195.02 Examination of unsubdivided land by commissioner; fee
Status: in_force

32-2195.02. Examination of unsubdivided land by commissioner; fee

The commissioner shall examine any unsubdivided land offered for sale or lease pursuant to this article, and shall make public his findings. The total cost of travel and subsistence expenses incurred by the department in the examination, in addition to the initial filing fee provided for in this section, shall be borne by the owner of the unsubdivided land or his agent, or the subdivider of the project, on the basis of actual cost to the department. An initial filing fee of five hundred dollars shall accompany the written notification required in sections 32-2195 and 32-2195.10.
A.R.S. § 32-1933 — Arizona Code / Title 32 / Chapter 18 / Article 2 / Section 1933
32-1933 Display of license or permit
Status: in_force

32-1933. Display of license or permit

A. The holder of a permit granted under this chapter shall conspicuously display it in the location to which it applies.

B. A licensee shall maintain the licensee's current renewal license or duplicate current renewal license, if practicing in more than one location, in the practice site for inspection by the board or its designee or review by the public.

C. If a licensee practices in more than one place, the board may issue one or more duplicate current renewal licenses to the licensee on payment of a fee of not more than twenty-five dollars for each duplicate current renewal license.
A.R.S. § 32-1966 — Arizona Code / Title 32 / Chapter 18 / Article 3 / Section 1966
32-1966 Acts constituting adulteration of a drug or device
Status: in_force

32-1966. Acts constituting adulteration of a drug or device

A drug or device shall be deemed to be adulterated:

1. If it consists in whole or in part of any filthy, putrid or decomposed substance.

2. If it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have been contaminated with filth, or is not securely protected from dust, dirt, and, as far as may be necessary by all reasonable means, from all foreign or injurious contamination, or whereby it may have been rendered injurious to health.

3. If the methods used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practice to assure that such drug or device meets the requirements of this chapter as to safety and has the identity and strength, and meets the quality, which it is represented to possess.

4. If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

5. If:

(a) It bears or contains a color additive which is unsafe within the meaning of the federal act.

(b) It is a color additive, the intended use of which in or on drugs is for the purpose of coloring only, and is unsafe within the meaning of the federal act.

6. If it is a drug the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in such compendium. No drug defined in an official compendium shall be deemed to be adulterated under this paragraph because it differs from the standard of strength, quality, or purity set forth in such compendium, if its difference in strength, quality, or purity from such standard is plainly stated on its label.

7. If it is not subject to the provisions of paragraph 6 of this section and its strength differs from, or its purity or quality falls below that which it purports or is represented to possess.

8. If it is a drug or device to which any substance has been mixed or packed therewith so as to reduce its quality or strength, or to be substituted for it in whole or in part.
A.R.S. § 32-2129 — Arizona Code / Title 32 / Chapter 20 / Article 2 / Section 2129
32-2129 Advance payment of license fees
Status: in_force

32-2129. Advance payment of license fees

A. All license fees shall be paid in advance and shall be the same regardless of the time of the year the license is issued.

B. If the license fees or other fees that relate to licensure are paid with a check that is not honored by the financial institution on which it is written, the department may deny or cancel the license.

C. An original license shall be for a period of two years up to and including the last day of the month in which the license was granted. A renewal license shall be effective as of the date of issuance, but no earlier than the first day after the expiration of the previous license. Regardless of the date of issuance, the renewed license is for a two year period beginning on the first day after the expiration of the previous license.

D. License applicants shall pay fees as specified in this chapter.
A.R.S. § 32-1231 — Arizona Code / Title 32 / Chapter 11 / Article 2 / Section 1231
32-1231 Persons not required to be licensed
Status: in_force

32-1231. Persons not required to be licensed

This chapter does not prohibit:

1. A dentist, dental therapist or dental hygienist who is officially employed in the service of the United States from practicing dentistry in the dentist's, dental therapist's or dental hygienist's official capacity, within the scope of that person's authority, on persons who are enlisted in, directly connected with or under the immediate control of some branch of service of the United States.

2. A person, whether or not licensed by this state, from practicing dental therapy either:

(a) In the discharge of official duties on behalf of the United States government, including the United States department of veterans affairs, the United States public health service and the Indian health service.

(b) While employed by tribal health programs authorized pursuant to Public Law 93-638 or urban Indian health programs.

3. An intern or student of dentistry, dental therapy or dental hygiene from operating in the clinical departments or laboratories of a recognized dental school, recognized dental therapy school, recognized dental hygiene school or hospital under the supervision of a dentist.

4. An unlicensed person from performing for a licensed dentist merely mechanical work on inert matter not within the oral cavity in the construction, making, alteration or repairing of any artificial dental substitute or any dental restorative or corrective appliance, if the casts or impressions for that work have been furnished by a licensed dentist and the work is directly supervised by the dentist for whom done or under a written authorization signed by the dentist, but the burden of proving that written authorization or direct supervision is on the person charged with having violated this provision.

5. A clinician who is not licensed in this state from giving demonstrations, before bona fide dental societies, study clubs and groups of professional students, that are free to the persons on whom made.

6. The state director of dental public health from performing the director's administrative duties as prescribed by law.

7. A dentist or dental hygienist to whom a restricted permit has been issued from practicing dentistry or dental hygiene in this state as provided in sections 32-1237 and 32-1292.

8. A dentist, dental therapist or dental hygienist from practicing for educational purposes on behalf of a recognized dental school, recognized dental therapy school or recognized dental hygiene school.

9. A dentist who holds an active and unrestricted license in another state, territory or possession of the United States from practicing for educational purposes in connection with recognized continuing dental education. A dentist who practices under this paragraph:

(a) May not receive compensation for dental services provided in connection with recognized continuing dental education.

(b) Is subject to the jurisdiction and discipline of the board to the same extent as dentists who are licensed in this state.

(c) May not provide any dental care or services in this state to a person who is either:

(i) Physically unable to safely receive the dental care or services.

(ii) Not mentally competent to knowingly and voluntarily consent to the dental care or services.

(d) Shall file a restricted permit application on a form approved by the board with the provider of the recognized continuing dental education before providing any dental care or services in this state. The provider of the recognized continuing dental education shall retain the dentist's restricted permit application for a period of at least five years.
A.R.S. § 32-1803 — Arizona Code / Title 32 / Chapter 17 / Article 1 / Section 1803
32-1803 Powers and duties
Status: in_force

32-1803. Powers and duties

A. The board shall:

1. Protect the public from unlawful, incompetent, unqualified, impaired and unprofessional practitioners of osteopathic medicine.

2. Issue licenses, conduct hearings, place physicians on probation, revoke or suspend licenses, enter into stipulated orders, issue letters of concern or decrees of censure and administer and enforce this chapter.

3. Maintain a record of its acts and proceedings, including the issuance, denial, renewal, suspension or revocation of licenses to practice according to this chapter.  The board shall delete records of complaints only as follows:

(a) If the board dismisses a complaint, the board shall delete the public record of the complaint five years after the board dismissed the complaint.

(b) If the board has issued a letter of concern but has taken no further action on the complaint, the board shall delete the public record of the complaint five years after the board issued the letter of concern.

(c) If the board has required additional continuing medical education pursuant to section 32-1855 but has not taken further action, the board shall delete the public record of the complaint five years after the person satisfies this requirement.

4. Maintain a public directory of all physicians and surgeons who are or were licensed pursuant to this chapter that includes:

(a) The name of the physician.

(b) The physician's current or last known address of record.

(c) The date and number of the license issued to the physician pursuant to this chapter.

(d) The date the license is scheduled to expire if not renewed or the date the license expired or was revoked, suspended or canceled.

(e) Any disciplinary actions taken against the physician by the board.

(f) Letters of concern, remedial continuing medical education ordered and dismissals of complaints against the physician until deleted from the public record pursuant to paragraph 3 of this subsection.

5. Adopt rules regarding the regulation, qualifications and training of medical assistants. The training requirements for a medical assistant may be satisfied through a training program that meets all of the following:

(a) Is designed and offered by a physician.

(b) Meets or exceeds any of the approved training program requirements specified in rule.

(c) Verifies the entry-level competencies of a medical assistant as prescribed by rule.

(d) Provides written verification to the individual of successful completion of the program.

6. Discipline and rehabilitate osteopathic physicians.

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

8. Issue registrations to administer general anesthesia and sedation in dental offices and dental clinics pursuant to section 32-1272 to physicians who have completed residency training in anesthesiology.

B. The public records of the board are open to inspection at all times during office hours.

C. The board may:

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

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

3. Accept and spend federal monies and private grants, gifts, contributions and devises. These monies do not revert to the state general fund at the end of a fiscal year.

4. Develop and publish advisory opinions and standards governing the profession.

D. The board shall adopt and use a seal, the imprint of which, together with the signature of either the president, vice president or executive director, is evidence of its official acts.

E. In conducting investigations pursuant to this chapter, the board may receive and review confidential internal staff reports relating to complaints and malpractice claims.

F. The board may make available to academic and research organizations public records regarding statistical information on doctors of osteopathic medicine and applicants for licensure.
A.R.S. § 32-2197.21 — Arizona Code / Title 32 / Chapter 20 / Article 9 / Section 2197.21
32-2197.21 Payment of finder fees; limits; prohibited activities; records; definition
Status: in_force

32-2197.21. Payment of finder fees; limits; prohibited activities; records; definition

A. Notwithstanding sections 32-2155, 32-2163 and 32-2165 or any other provision of this chapter, a developer or managing entity may pay a finder fee to a person who is not licensed pursuant to this chapter and who owns a timeshare interest in the developer’s timeshare plan or in the timeshare plan managed by that managing entity.

B. A finder fee paid pursuant to this section shall not exceed one thousand dollars in credit or nonmonetary compensation during any twelve month period.

C. This section does not permit a person who is not licensed pursuant to this chapter to advertise or promote the person’s services in procuring or assisting to procure prospective timeshare interest purchasers.

D. The developer or managing entity shall keep records of all finder fees paid pursuant to this section for three years after the payment is made.

E. For purposes of this section, "finder fee" means credit or nonmonetary compensation paid to a person who is not licensed pursuant to this chapter, who owns a timeshare interest and who provides the name and address of a prospective purchaser to the developer or managing entity of the timeshare plan in which the owner previously purchased a timeshare interest.
A.R.S. § 32-2194.32 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.32
32-2194.32 Opening and closing of burial places
Status: in_force

32-2194.32. Opening and closing of burial places

If any grave, mausoleum, niche or other place used or intended to be used for the burial of human remains is located in a cemetery, only a person employed or designated by the cemetery may open or close the grave, mausoleum, niche or other place used or intended to be used for the burial of human remains, subject to the rules established by the cemetery.
A.R.S. § 32-2625 — Arizona Code / Title 32 / Chapter 26 / Article 3 / Section 2625
32-2625 Qualifications of applicant for security guard training instructor or firearms safety training instructor registration certificate
Status: in_force

32-2625. Qualifications of applicant for security guard training instructor or firearms safety training instructor registration certificate

A. An applicant for a security guard training instructor or firearms safety training instructor registration certificate issued pursuant to this article shall:

1. Be at least eighteen years of age.

2. Be a citizen or 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 a security guard training instructor or firearms safety training instructor registration certificate, 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 prescribed 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 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 with a disability as defined in section 41-1461.

9. Not have been convicted of acting or attempting to act as an associate, a security guard, an armed security guard, a security guard training instructor or a firearms safety training instructor without a license if a license was required.

10. Not be a registered sex offender.

B. In addition to meeting the requirements listed in subsection A of this section, an applicant for a firearms safety training instructor registration certificate that is issued pursuant to this article shall:

1. Successfully complete all background screening and training requirements.

2. Not be a prohibited possessor as defined in section 13-3101 or as described in 18 United States Code section 922.

3. Not have been discharged from the armed services of the United States under other than honorable conditions.

4. Not have been convicted of any crime involving domestic violence as defined in section 13-3601.
A.R.S. § 32-923 — Arizona Code / Title 32 / Chapter 8 / Article 2 / Section 923
32-923 Change of address; annual renewal fee; failure to renew; waivers; definition
Status: in_force

32-923. Change of address; annual renewal fee; failure to renew; waivers; definition

A. Every person who is licensed pursuant to this chapter shall notify the board in writing of any change in residence or office address and telephone number within thirty days after that change.  The board shall impose a penalty of $50 on a licensee who does not notify the board as required by this subsection.

B. Except as provided in section 32-4301, every person who is licensed to practice chiropractic in this state shall annually make a renewal application to the board before the last day of the licensee's birth month after original issuance of a license and shall pay a renewal license fee of not more than $225 as established by the board. The renewal application shall be made on a form and in a manner prescribed by the board. At least thirty days before the renewal application and renewal fee are due, the board shall send by first class mail a renewal application and notice requiring license renewal and payment of the renewal fee.

C. The board shall administratively suspend a license automatically if the licensee does not submit a complete application for renewal and pay the renewal license fee as required by this section.

D. The board may reinstate a license if the person completes an application for reinstatement as prescribed by the board, complies with the continuing education requirements for each year that the license was suspended, pays the annual renewal license fee for each year that the license was suspended and pays an additional fee of $200. An applicant who does not request reinstatement within two years after the date of suspension shall apply for a license as a new candidate pursuant to section 32-921 or 32-922.01.

E. The board may waive the annual renewal license fee if a licensee presents evidence satisfactory to the board that the licensee has permanently retired from the practice of chiropractic and has paid all fees required by this chapter before the waiver.

F. During the period of waiver the retired licensee shall not engage in the practice of chiropractic. A violation of this subsection subjects the retired licensee to the same penalties as are imposed in this chapter on a person who practices chiropractic without a license.

G. The board may reinstate a retired licensee to active practice on payment of the annual renewal license fee and presentation of evidence satisfactory to the board that the retired licensee is professionally able to engage in the practice of chiropractic and still possesses the professional knowledge required. After a hearing, the board may refuse to reinstate a retired licensee to active practice under this subsection on any of the grounds prescribed in section 32-924.

H. For the purposes of this section, "administratively suspend" means a nondisciplinary action that is imposed for failure to renew a license and that requires the licensee to suspend practice until renewal requirements are met.
A.R.S. § 32-592 — Arizona Code / Title 32 / Chapter 5 / Article 7 / Section 592
32-592 Qualified immunity, defense and indemnification
Status: in_force

32-592. Qualified immunity, defense and indemnification

A. The members, officers, executive director, employees and representatives of the commission are immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, except that this subsection does not protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or wilful or wanton misconduct of that person.  The procurement of insurance of any type by the commission does not in any way compromise or limit the immunity granted pursuant to this section.

B. The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities if the actual or alleged act, error or omission did not result from that person's intentional or wilful or wanton misconduct.  This subsection does not prohibit the person against whom the claim is made from retaining counsel at the person's own expense.

C. The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities if the actual or alleged act, error or omission did not result from the intentional or wilful or wanton misconduct of that person.

D. This section does not limit the liability of any licensee for professional malpractice or misconduct that is governed solely by any other applicable state laws.

E. This compact does not waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, the Clayton Act or any other state or federal antitrust or anticompetitive law.

F. This compact is not a waiver of sovereign immunity by the member states or by the commission.
A.R.S. § 32-2160.01 — Arizona Code / Title 32 / Chapter 20 / Article 3 / Section 2160.01
32-2160.01 Civil penalties
Status: in_force

32-2160.01. Civil penalties

A. Any licensee who is subject to the jurisdiction of the department and who has violated any provision of this chapter or any rule or order adopted or issued by the commissioner, who has deviated substantially from the provisions of a public report or who has engaged in any unlawful practices defined in section 44-1522 with respect to the sale or lease of either subdivided lands or unsubdivided lands may be assessed a civil penalty by the commissioner, after a hearing, in an amount not to exceed one thousand dollars for each infraction.

B. Actions to recover penalties assessed pursuant to this chapter shall be brought by the attorney general in the name of the state in the superior court in the county in which the violation occurred or in a county in which the commissioner maintains an office. When the commissioner has revoked a license or withdrawn certification or approval of a school, educational course or real estate instructor and assessed civil penalties that remain unpaid, if judicial review has not been sought under title 12, chapter 7, article 6, a certified copy of any such commissioner's order requiring the payment of civil penalties 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 as a judgment of the superior court and may be recorded, enforced or satisfied in like manner. No filing fee is required under this section.
A.R.S. § 32-2049 — Arizona Code / Title 32 / Chapter 19 / Article 3 / Section 2049
32-2049 Disclosure prohibition
Status: in_force

32-2049. Disclosure prohibition

The board shall not disclose the identity of a person who provides information unless this information is essential to proceedings conducted pursuant to sections 32-2045 and 32-2046 or unless required by a court.
A.R.S. § 32-1633 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1633
32-1633 Examination of registered nurses
Status: in_force

32-1633. Examination of registered nurses

A. An applicant shall pass an examination in subjects relating to the duties and services of a registered nurse taught in an approved registered nursing program as the board determines.

B. If an applicant successfully passes the examination and meets the other requirements established pursuant to this chapter, the board shall issue a license to practice registered nursing to the applicant.

C. If an applicant fails to pass the examination prescribed in subsection A within two years after completing the nursing program, the board may require the applicant to complete additional educational requirements as prescribed by the board by rule.

D. If on review of credible evidence the board believes that the security of a licensure examination has been compromised and that the credibility of examination results is in question, the board may require retesting of applicants.
A.R.S. § 32-541 — Arizona Code / Title 32 / Chapter 5 / Article 4 / Section 541
32-541 Establishment licenses; requirements
Status: in_force

32-541. Establishment licenses; requirements

A. A person is entitled to receive a license to operate an establishment if the person:

1. Submits to the board an application for an establishment license on a form supplied by the board.

2. Pays the prescribed fee.

B. The safety and sanitary requirements specified by the board in its rules shall be requirements while an establishment is operating.

C. Each establishment shall have an individual designated as the manager of the establishment.
A.R.S. § 32-1860 — Arizona Code / Title 32 / Chapter 17 / Article 3 / Section 1860
32-1860 Acquired immune deficiency syndrome; disclosure of patient information; immunity; definition
Status: in_force

32-1860. Acquired immune deficiency syndrome; disclosure of patient information; immunity; definition

A. Notwithstanding section 32-1854, it is not an act of unprofessional conduct for a physician to report to the department of health services the name of a patient's spouse or sex partner or a person with whom the patient has shared hypodermic needles or syringes if the physician knows that the patient has contracted or tests positive for the human immunodeficiency virus and that the patient has not or will not notify these people and refer them to testing. Before making the report to the department of health services, the physician shall first consult with the patient and ask the patient to release this information voluntarily.

B. It is not an act of unprofessional conduct for a physician who knows or has reason to believe that a significant exposure has occurred between a patient infected with the human immunodeficiency virus and a health care or public safety employee to inform the employee of the exposure. Before informing the employee, the physician shall consult with the patient and ask the patient to release this information voluntarily. If the patient does not release this information the physician may do so in a manner that does not identify the patient.

C. This section does not impose a duty to disclose information. A physician is not civilly or criminally liable for either disclosing or not disclosing information.

D. If a physician decides to make a disclosure pursuant to this section, he may request that the department of health services make the disclosure on his behalf.

E. For the purposes of this section, "significant exposure" means contact of a person's ruptured or broken skin or mucous membranes with another person's blood or body fluids, other than tears, saliva or perspiration, of a magnitude that the centers for disease control of the United States public health service have epidemiologically demonstrated can result in transmission of the human immunodeficiency virus.
A.R.S. § 32-1969 — Arizona Code / Title 32 / Chapter 18 / Article 3 / Section 1969
32-1969 Filling foreign prescription orders; records; exception
Status: in_force

32-1969. Filling foreign prescription orders; records; exception

A. This chapter does not prohibit a pharmacist or an intern under a pharmacist's supervision from filling a new written prescription order for a drug or device issued by a medical practitioner licensed by the appropriate licensing board of a foreign country.

B. The proprietor, manager or pharmacist in charge of a pharmacy shall keep a separate record of prescriptions filled pursuant to this section.

C. A pharmacist or intern shall not fill a prescription order issued by a medical practitioner licensed by the appropriate licensing board of a foreign country for a controlled substance as defined pursuant to title 36, chapter 27, article 2 or the rules adopted pursuant to title 36, chapter 27, article 2.
A.R.S. § 32-1299.26 — Arizona Code / Title 32 / Chapter 11 / Article 8 / Section 1299.26
32-1299.26 Disciplinary actions; cessation of operation
Status: in_force

32-1299.26. Disciplinary actions; cessation of operation

A. A permit holder for a mobile dental facility or portable dental unit that provides dental services to a patient shall refer the patient for follow-up treatment with a licensed dentist or the permit holder if treatment is clinically indicated.  A permit holder or licensee who fails to comply with this subsection commits an act of unprofessional conduct or unethical conduct and is subject to disciplinary action pursuant to section 32-1263, subsection A, paragraph 1 or subsection C.

B. The board may do any of the following pursuant to its disciplinary procedures if a mobile dental facility or portable dental unit violates any statute or board rule:

1. Refuse to issue a permit.

2. Suspend or revoke a permit.

3. Impose a civil penalty of not more than two thousand dollars for each violation.

C. If a mobile dental facility or portable dental unit ceases operations, the permit holder must notify the board within thirty days after the last day of operation and must report on the disposition of patient records and charts.  In accordance with applicable laws and rules, the permit holder must also notify all active patients of the disposition of records and make reasonable arrangements for the transfer of patient records, including copies of radiographs, to a succeeding practitioner or, if requested, to the patient.  For the purposes of this subsection, "active patient" means any person whom the permit holder has examined, treated, cared for or consulted with during the two year period before the discontinuation of practice.
A.R.S. § 32-2195.06 — Arizona Code / Title 32 / Chapter 20 / Article 7 / Section 2195.06
32-2195.06 Civil liabilities
Status: in_force

32-2195.06. Civil liabilities

A. When any part of the notice of intention filed pursuant to section 32-2195 contains an untrue statement of a material fact or omits a material fact required to be stated in such notice, the owner or agent shall be liable as provided in this section to any person who acquires land covered by such notice of intention during such period the notice of intention remained uncorrected unless it is proved that at the time of such acquisition the person acquiring the land knew of such untruth or omission.

B. Any owner or agent who sells or leases unsubdivided lands subject to this article in violation of section 32-2195.03 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 shall be liable to the purchaser of such land as provided in this section.

C. It is unlawful for an owner or agent in selling or leasing, or offering to sell or lease, any unsubdivided lands subject to this article to:

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 parcel 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 shall be the difference between the amount paid for the land together with the reasonable cost of improvements to such land and whichever of the following amount is the smallest:

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

2. The price at which such land was disposed of in a bona fide market transaction prior to suit.

3. The price at which such land 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 shall also be entitled to recover reasonable attorney fees as determined by the court. If a violation is not established, the court, in its discretion, 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. In no case shall the amount recoverable pursuant to this section exceed the sum of the purchase price of the land, the reasonable cost of improvements installed by the purchaser and reasonable court costs and attorneys fees.

H. Nothing contained in this section shall be construed to preclude any other remedies that may exist at law or in equity.

I. No action shall 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. No action shall 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. In no event shall any such action be brought by a purchaser more than three years after the sale or lease to such purchaser.
A.R.S. § 32-1265 — Arizona Code / Title 32 / Chapter 11 / Article 3 / Section 1265
32-1265 Interpretation of chapter
Status: in_force

32-1265. Interpretation of chapter

Nothing in this chapter shall be construed to abridge a license issued under laws of this state relating to medicine or surgery.
A.R.S. § 32-149 — Arizona Code / Title 32 / Chapter 1 / Article 3 / Section 149
32-149 Transcript copies; cost
Status: in_force

32-149. Transcript copies; cost

The board shall provide copies of the written transcript of a hearing conducted under the authority of this chapter and all evidence submitted to a person appealing a board decision at that person's expense and without charge to the court in which an appeal is taken.
A.R.S. § 32-3203 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3203
32-3203 Malpractice claim investigation
Status: in_force

32-3203. Malpractice claim investigation

On receipt of a malpractice report and a copy of a malpractice complaint as provided in section 12-570, the health profession regulatory board shall initiate an investigation into the matter to determine if the licensee is in violation of the statutes or rules governing licensure.
A.R.S. § 32-2536 — Arizona Code / Title 32 / Chapter 25 / Article 3 / Section 2536
32-2536 Physician assistants; documentation; certification; rules
Status: in_force

32-2536. Physician assistants; documentation; certification; rules

A. A physician assistant who is licensed pursuant to this chapter, who is in good standing, who has graduated from an accredited physician assistant program in the United States and who has at least eight thousand clinical practice hours within the previous five years in this state or another jurisdiction shall provide the board with documentation of having completed at least eight thousand hours of clinical practice in order to meet the requirements of section 32-2531, subsection B. The board shall develop:

1. A policy that sets forth the process of attestation or documentation required as proof of completion of at least eight thousand clinical practice hours and issuance of certification of completion of the eight thousand clinical practice hours.

2. An alternative comparable standard for certification of eight thousand hours of clinical practice for physician assistants who have been actively practicing for more than five years.

B. The board shall adopt rules establishing additional certification standards or requirements for physician assistants who previously completed eight thousand clinical practice hours certified by the board and who are seeking employment with a collaborating physician or entity for a position that is not substantially similar to the practice setting or specialty in which the physician assistant was previously certified. The certification standards or requirements shall ensure appropriate training and oversight, including a supervision agreement if warranted, for the physician assistant's new practice setting or specialty.
A.R.S. § 32-730.04 — Arizona Code / Title 32 / Chapter 6 / Article 2 / Section 730.04
32-730.04 Retired status
Status: in_force

32-730.04. Retired status

A. A registrant who meets all of the following requirements may request that the registrant's certificate be placed on retired status:

1. Completes the forms prescribed by the board.

2. Is at least fifty-five years of age.

3. Has been a certified public accountant in one or more jurisdictions for at least twenty years.

4. Does not have a certificate under a disciplinary order by the board, except for suspension for nonregistration pursuant to section 32-741.01.

5. Does not have disciplinary proceedings initiated against the registrant.

6. Does not provide attest services or compilation services in this state.

7. Does not provide accounting services for a fee or other compensation in this state.

B. A registrant whose certificate is on retired status:

1. Shall continue to register once every two years with the board and pay a registration fee and all of an applicable late fee as prescribed by section 32-729.

2. Shall not do any of the following:

(a) Provide attest services or compilation services in this state.

(b) Provide accounting services for a fee or other compensation in this state.

(c) Assume or use the CPA designation in this state unless accompanied by the word "retired" or the abbreviation "RET".
A.R.S. § 32-1483 — Arizona Code / Title 32 / Chapter 13 / Article 5 / Section 1483
32-1483 Notification to donors
Status: in_force

32-1483. Notification to donors

Pursuant to rules promulgated by the director of the department of health services, all federally registered blood banks, blood centers and plasma centers in this state shall notify blood donors of any test results with significant evidence suggestive of syphilis, HIV or hepatitis B.
A.R.S. § 32-2413 — Arizona Code / Title 32 / Chapter 24 / Article 1 / Section 2413
32-2413 Reciprocal agreements
Status: in_force

32-2413. Reciprocal agreements

A. The department may enter into a reciprocal agreement with a state that has private investigator qualification laws substantially similar to this chapter to allow a private investigator license or registration to be used by the licensee or registrant within the jurisdiction of either this state or the other state.  The department may enter into the agreement if the issuing authority for the other state meets all of the following conditions:

1. Issues a private investigator identification card with an expiration date printed on the card.

2. Is available to verify the license or registration status for law enforcement purposes within three business days after a request for verification.

3. Has disqualification, suspension and revocation requirements for licenses and registrations.

4. Requires that the applicant for a license or registration submit to a criminal history records check pursuant to section 41-1750 and applicable federal law.

B. The reciprocal agreement shall be limited and is intended only to allow private investigators to continue investigations that originate in the investigator’s home state and that require investigation in another state. The reciprocal agreement shall include the following provisions:

1. The private investigator shall possess a private investigator license or registration in good standing.

2. The private investigator shall spend no more than thirty days per case while conducting an investigation in this state.

3. The private investigator shall provide written notification to the department describing the case and the dates to be worked in this state on the case.

4. The private investigator shall not solicit any business while in this state.
A.R.S. § 32-2624 — Arizona Code / Title 32 / Chapter 26 / Article 3 / Section 2624
32-2624 Issuance of registration certificates and identification cards
Status: in_force

32-2624. Issuance of registration certificates and identification cards

A. Except as otherwise provided in this subsection, after an investigation, the department shall issue a security guard registration certificate, armed security guard registration certificate, security guard training instructor registration certificate or firearms safety training instructor registration certificate under this chapter to any applicant who satisfactorily complies with this chapter. Each security guard, security guard training instructor or firearms safety training instructor registration certificate shall contain the name and address of the registrant and the number of the registration certificate and, except as otherwise provided in this subsection, shall be issued for four years.  Before the required background screenings for an applicant are complete, the department may issue a forty-five-day security guard registration certificate or a forty-five-day armed security guard registration certificate to an applicant who is an honorably discharged veteran of the United States military and who has been discharged not more than three years before application.  The applicant who receives a forty-five-day security guard registration certificate pursuant to this section may work only for an agency licensee that provides the applicant preassignment training as prescribed in section 32-2632.

B. When a security guard, security guard training instructor or firearms safety training instructor registration certificate is issued, an identification card as described in section 32-2633 shall be issued to the registrant.  The identification card is evidence that the person is a duly registered security guard, security guard training instructor or firearms safety training instructor. An employee must obtain an armed security guard registration certificate and identification card for each sponsoring licensee.

C. A security guard employee may not possess or carry a firearm while on official duty unless the employee is currently registered as an armed security guard and is authorized by the person's employer to possess or carry the firearm.

D. A security guard, security guard training instructor or firearms safety training instructor shall notify the director within fifteen calendar days after any change in the name or residential address of the security guard, security guard training instructor or firearms safety training instructor.

E. The department shall not issue a security guard, security guard training instructor or firearms safety training instructor provisional certificate.
A.R.S. § 32-3665 — Arizona Code / Title 32 / Chapter 36 / Article 5 / Section 3665
32-3665 Expiration of registration
Status: in_force

32-3665. Expiration of registration

An initial registration granted by the department pursuant to this article is valid for one year after the date on which it is issued. Registration renewals are valid for two years.
A.R.S. § 32-1361 — Arizona Code / Title 32 / Chapter 12 / Article 3 / Section 1361
32-1361 Licensed embalmers; supervision; certification of embalming; exception for embalmer's assistants
Status: in_force

32-1361. Licensed embalmers; supervision; certification of embalming; exception for embalmer's assistants

A. Only a licensed embalmer may embalm a dead human body, except that another person who is employed by a funeral establishment and on a pathway to licensure may embalm a dead human body under the direct supervision of a licensed embalmer.

B. A licensed embalmer who embalms or supervises the embalming of a dead human body shall certify the embalming with the embalmer's signature and license number.

C. For the purposes of this section, a person is on a pathway to licensure if both of the following apply:

1. The person has been employed by a funeral establishment.

2. The person intends to become a licensed embalmer after assisting in embalming at least twenty-five dead human bodies or intends to become a licensed funeral director by assisting in arranging and directing at least twenty-five funerals.

D. The pathway to licensure may not exceed three years and begins either:

1. While the person is enrolled in an accredited or provisionally accredited school of mortuary science and is assisting embalming dead human bodies under the direct supervision of a licensed embalmer or assisting in arranging and directing funerals.

2. After the person has graduated from an accredited or provisionally accredited school of mortuary science and passed the state laws and rules examination and the national board examination and is assisting in embalming dead human bodies under the direct supervision of a licensed embalmer or assisting in arranging and directing funerals.

E. A person on a pathway to licensure or the funeral establishment providing direct supervision of a person on a pathway to licensure shall submit to the department on a form approved by the department information necessary for the department to verify that the person is on a pathway to licensure.

F. This section does not apply to a person who was a licensed embalmer's assistant on March 31, 2023.
A.R.S. § 32-1611 — Arizona Code / Title 32 / Chapter 15 / Article 1 / Section 1611
32-1611 Board of nursing fund
Status: in_force

32-1611. Board of nursing fund

(L24, Ch. 222, sec. 19.  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 from fees pursuant to section 32-1643 in the state general fund and deposit the remaining eighty-five percent in the board of nursing fund.

B. Monies deposited in the board of nursing fund are subject to section 35-143.01.

C. Monies from civil penalties received pursuant to section 32-1606 shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 32-1184 — Arizona Code / Title 32 / Chapter 10 / Article 5 / Section 1184
32-1184 Interruption of performance of construction contract; damages; termination of contract
Status: in_force

32-1184. Interruption of performance of construction contract; damages; termination of contract

A. A contractor licensed under this chapter may interrupt the performance of a construction contract without penalty or liability for breach of contract if any applicable law or rule requires the cessation of work or the contractor encounters any hazardous substance or hazardous material which is required to be removed or contained by any applicable law or rule and either of the following apply:

1. Any applicable law or rule prohibits the contractor from proceeding to remove or contain the hazardous material or hazardous substance unless the contractor is duly licensed and the contractor is not so licensed.

2. The removal or containment of the hazardous material or hazardous substance cannot be accomplished without a cessation of work.

B. A contractor licensed under this chapter whose work is impaired, impeded or prohibited under subsection A may interrupt performance of the construction contract as provided in this section only to the extent of the area affected by the hazardous materials or hazardous substances removed or contained by the owner or as otherwise required by applicable statute or rule.

C. A person who interrupts the performance of a construction contract under subsection A is entitled to reasonable and foreseeable damages caused by the delay unless the existence of the specific hazardous substance or hazardous material is disclosed in writing prior to entering into the contract.  The right to damages is conditioned upon notification within a reasonable period of time to the owner of the discovery by the person of the existence of the hazardous material or hazardous substance.  This section shall not affect any legal rights and remedies otherwise existing between the parties, including but not limited to rights to damages, setoff and counterclaim.

D. The owner may terminate the construction contract on payment to the contractor, subcontractor or other person whose work is delayed under subsection A of the amount of any services or materials supplied or expended which conform to the contract terms and specifications and the payment of damages subject to the provisions of subsection C to the date of the termination of the contract.
A.R.S. § 32-3209 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3209
32-3209 Release of information; fees
Status: in_force

32-3209. Release of information; fees

A. On request of any person, a health profession regulatory board must provide the following information to that person:

1. A copy of the minutes of any specified board meeting.

2. A copy of a board action concerning a person regulated by the board.

3. A copy of the final adjudication of a complaint against a person regulated by the board. For the purposes of this paragraph, final adjudication of a complaint does not include any complaint that was dismissed or terminated more than five years before the request was submitted.

4. The name and primary practice address of a person regulated by the board.

B. A health regulatory board may charge a fee for copies of any of the information in subsection A.
A.R.S. § 32-1557 — Arizona Code / Title 32 / Chapter 14 / Article 3 / Section 1557
32-1557 Violation; classification
Status: in_force

32-1557. Violation; classification

A. A person who violates section 32-1555, paragraph 1, 2, 3, 4, 5 or 6 is guilty of a class 5 felony.

B. A person who violates section 32-1555, paragraph 7, 8, 9, 10 or 11 is guilty of a class 6 felony.
A.R.S. § 32-148 — Arizona Code / Title 32 / Chapter 1 / Article 3 / Section 148
32-148 Refusal to obey a subpoena; contempt
Status: in_force

32-148. Refusal to obey a subpoena; contempt

A person who refuses to obey a subpoena issued by the board shall be certified by the board to the superior court in the county in which service was made for contempt proceedings.
A.R.S. § 32-3628 — Arizona Code / Title 32 / Chapter 36 / Article 2 / Section 3628
32-3628 Inactive license or certificate status during military duty; reactivation application; renewal application and fee; continuing education
Status: in_force

32-3628. Inactive license or certificate status during military duty; reactivation application; renewal application and fee; continuing education

A. A license or certificate holder who is ordered to active military duty with the United States armed forces may request that the license or certificate be placed on inactive status by filing with the deputy director an application that includes all of the following:

1. The license or certificate holder's name.

2. The license or certificate number.

3. The date that the active military duty begins.

4. A request for inactive status.

B. The license or certificate is deemed to be on inactive status while the license or certificate holder is on active military duty, but the period of inactive status may not exceed three years.

C. A license or certificate holder who is on inactive status pursuant to this section shall not do either of the following:

1. Represent that the holder is an active appraiser licensed or certified in this state.

2. Perform real estate appraisals or appraisal reviews on real estate in this state.

D. A license or certificate holder who is on inactive status must file with the deputy director an application for reactivation of the license or certificate within one hundred eighty days after returning home from active military duty.

E. If the holder of an inactive license or certificate timely files an application for reactivation of the license or certificate, the license or certificate is returned to active status on the deputy director's approval of the application for reactivation. The license or certificate holder shall complete the continuing education requirements that would otherwise have been required when the license or certificate was on inactive status within ninety days after the person's return from active military duty. The license or certificate holder must submit proof of completion of any continuing education requirements to the deputy director not later than one hundred twenty days after completion.

F. If the holder of an inactive license or certificate under this section does not timely apply for reactivation as required by subsection D of this section, the holder must reapply for licensure or certification meeting all of the requirements of this chapter.

G. A license or certificate holder who is on inactive status pursuant to this section remains on inactive status until the deputy director approves the application for reactivation of the license or certificate.

H. The holder of an inactive license or certificate applying for reactivation of the license or certificate under this section shall include with the application for reactivation a copy of the documentation from the armed forces showing the period of time that the holder of the inactive license or certificate was on active military duty.

I. Any license or certificate holder who places the holder's license or certificate on inactive status under this section must pay the renewal fee prescribed in section 32-3607 and complete an application for renewal pursuant to section 32-3619.  A license or certificate holder on inactive status pursuant to this section who files an application for reactivation shall provide evidence of completion of the continuing education requirements pursuant to subsection E of this section.

J. For the purposes of this section, active military duty does not include service persons performing weekend drill and annual training.
A.R.S. § 32-3446 — Arizona Code / Title 32 / Chapter 34 / Article 3 / Section 3446
32-3446 Substance abuse recovery program; consent agreement
Status: in_force

32-3446. Substance abuse recovery program; consent agreement

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

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

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

3. The licensee enters into a consent agreement and complies with all of the terms of the agreement, including making satisfactory progress in the program and adhering to any limitations on the licensee's practice imposed by the board to protect the public.  If a licensee does not enter into a consent agreement, the board may begin an investigation and disciplinary proceedings.

4. As part of the agreement between the licensee and the board, the licensee signs a waiver that allows the substance abuse recovery program to release information to the board if the licensee does not comply with the requirements of this section or is unable to practice with reasonable skill or safety.
A.R.S. § 32-2409 — Arizona Code / Title 32 / Chapter 24 / Article 1 / Section 2409
32-2409 Exemptions
Status: in_force

32-2409. Exemptions

This chapter does not apply to:

1. An officer or employee of the federal government, this state or a political subdivision of this state, while engaged in the official performance of the officer's or employee's duties.

2. A person, firm or corporation, or an employee of a person, firm or corporation, engaged in the business of obtaining and furnishing financial and related personal information for others, including a consumer reporting agency as defined in the fair credit reporting act (15 United States Code section 1681a), if the person, firm or corporation does not engage in other investigative research that is an investigative consumer report as defined in the fair credit reporting act (15 United States Code section 1681a) and if the employee is not employed or connected with any private investigator or private investigator's business.

3. A practicing attorney involved in a case for which the attorney has been retained or a person employed under an employee-employer relationship with a practicing attorney, in the employee's performance of duties related to a case for which the attorney has been retained.

4. A collection agency licensed in this state, or its employee while acting within the scope of employment, while making an investigation incidental to the business of the agency, including an investigation of the location of a debtor or the debtor's property if the contract with an assignor creditor is for the collection of claims owed or due or asserted to be owed or due or its equivalent.

5. Insurance producers, adjusters and agents licensed by this state in performing their duties in connection with insurance transacted by them.

6. The legal owner of personal property that has been sold under a sales agreement in making investigations relating to the sales agreement.

7. A member of the news media and its employees when engaged in obtaining information for the purpose of disseminating news to the public.

8. Public service corporations engaged in transmitting messages, furnishing public telegraph or telephone service or investigating the use or misuse of their equipment and facilities or the use or misuse of the equipment and facilities of any connecting telecommunications company.

9. Private process servers who are duly registered and performing their duties pursuant to the Arizona rules of civil procedure.

10. A person, firm or corporation, or an employee of a person, firm or corporation, that, for any consideration, observes consumer purchases of products or services in the public environments of a business establishment for the purpose of evaluating customer service, operational procedures, cleanliness, product quality and availability if all of the following apply:

(a) The information is obtained from questionnaires that the business establishment approves in advance of use.

(b) The obtained information is used for employee training or incentives.

(c) The obtained information is not used for prosecution of an employee.

(d) The business establishment does not use a single evaluation as the only basis for an employee's termination from employment.

11. A person or entity that is performing duties pursuant to statute and that is certified or registered by the supreme court.
A.R.S. § 32-1528 — Arizona Code / Title 32 / Chapter 14 / Article 2 / Section 1528
32-1528 Retired licensee; waiver of fees; reinstatement
Status: in_force

32-1528. Retired licensee; waiver of fees; reinstatement

A. The board may waive a physician's annual renewal fee if the physician has paid all past fees and presents an affidavit to the board that the physician has permanently retired from the practice of naturopathic medicine.

B. A physician whose annual renewal fee has been waived by the board and who is permanently retired from the practice of naturopathic medicine is not required to comply with any continuing medical education requirements of this chapter.

C. If a retired physician who has had the annual renewal fee waived by the board engages in the practice of naturopathic medicine, the physician is subject to the same penalties that are imposed under this chapter on a person who practices naturopathic medicine without a license or without being exempt from licensure.

D. The board may reinstate a retired physician to active practice on payment of the annual renewal fee as prescribed in section 32-1527 and, if requested by the board, on presentation of evidence satisfactory to the board that the applicant for reinstatement of a retired license is professionally able to engage or assist in the practice of naturopathic medicine and possesses the professional knowledge required.

E. If an applicant for reinstatement of a retired license has not been licensed and actively practicing in a jurisdiction of the United States or Canada in the three years immediately preceding the application, the board may issue a limited license that requires a period of general or direct supervision by another licensed naturopathic physician not to exceed one year.
A.R.S. § 32-1730 — Arizona Code / Title 32 / Chapter 16 / Article 2 / Section 1730
32-1730 Fingerprinting
Status: in_force

32-1730. Fingerprinting

A. Each applicant for licensure and license reinstatement pursuant to this chapter 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.

B. If the board does not have any evidence or reasonable suspicion that the applicant has a criminal history, the board may issue a license before it receives the results of a criminal records check.

C. The board shall suspend a license of a person who submits an unreadable set of fingerprints and does not submit a new readable set of fingerprints within twenty days after being notified by the board to do so.

D. This section does not affect the board's authority to otherwise issue, deny, cancel, terminate, suspend or revoke a license.
A.R.S. § 32-1345 — Arizona Code / Title 32 / Chapter 12 / Article 2.1 / Section 1345
32-1345 Display of license
Status: in_force

32-1345. Display of license

An alkaline hydrolysis facility shall display its license in a location that enables any member of the public who enters the alkaline hydrolysis facility to observe and read the license.
A.R.S. § 32-2623 — Arizona Code / Title 32 / Chapter 26 / Article 3 / Section 2623
32-2623 Application for employee registration certificate
Status: in_force

32-2623. Application for employee registration certificate

A. Every application for an employee registration certificate must set forth verified information to assist the department in determining the applicant's ability to meet the requirements set forth in this chapter, as follows:

1. The full name and address of the applicant.

2. Fingerprints of the applicant of a quality and number prescribed by the department for the purpose of obtaining state and federal criminal records checks pursuant to section 41-1750 and Public Law 92-544.  The department may exchange this fingerprint data with the federal bureau of investigation. The department may conduct periodic criminal history checks to ensure continued qualification under this chapter.

3. Photographs of the applicant of a number and type prescribed by the department.

4. Such other information, evidence, statements or documents as may reasonably be required by the department.

B. An application for an original or renewal security guard, armed security guard, security guard training instructor or firearms safety training instructor registration certificate shall be accompanied by:

1. The fees prescribed pursuant to section 32-2607.

2. A statement from the applicant's employer requesting and authorizing armed security guard registration status for the applicant.

C. If an application is incomplete, the department shall notify the applicant pursuant to section 41-1074. If the department requires additional information to make a decision on registration, the department shall notify the applicant pursuant to section 41-1075. The department shall send notices issued under this subsection to the applicant's last known residential address and shall include sufficient information to assist the applicant to complete the application process. The applicant has forty-five calendar days after the date of notification to provide the additional documentation. If the applicant fails to respond within forty-five calendar days, the application and any registration certificates issued are automatically suspended until the department receives the necessary documentation to approve or deny the application.
A.R.S. § 32-1378 — Arizona Code / Title 32 / Chapter 12 / Article 3.1 / Section 1378
32-1378 Transportation protection agreements
Status: in_force

32-1378. Transportation protection agreements

A transportation protection agreement is not insurance under this chapter or under title 20, chapter 29.
A.R.S. § 32-2194 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194
32-2194 Exceptions
Status: in_force

32-2194. Exceptions

This chapter does not apply to any of the following:

1. Any religious corporation, church, religious society or denomination, a corporation sole administering temporalities of any church or religious society or denomination, or any cemetery organized, controlled and operated by any of them.

2. A private or municipal cemetery.

3. Any fraternal burial park not exceeding ten acres in area, established before July 2, 1963, in which the sale of burial spaces is restricted exclusively to its members.

4. The superintendent of the Arizona pioneers' home and the Arizona pioneers’ home cemetery.
A.R.S. § 32-2533 — Arizona Code / Title 32 / Chapter 25 / Article 3 / Section 2533
32-2533 Supervising physicians; responsibilities
Status: in_force

32-2533. Supervising physicians; responsibilities

A. A supervising physician is responsible for all aspects of the performance of a physician assistant who has less than eight thousand hours of clinical practice, whether or not the supervising physician actually pays the physician assistant a salary. The supervising physician is responsible for supervising the physician assistant and ensuring that the health care tasks performed by a physician assistant are within the physician assistant's scope of training and experience and have been properly delegated by the supervising physician.

B. Each physician-physician assistant team must ensure that:

1. The physician assistant's scope of practice is identified.

2. The delegation of medical tasks is appropriate to the physician assistant's level of competence.

3. The relationship of, and access to, the supervising physician is defined.

4. A process for evaluating the physician assistant's performance is established.

C. A supervising physician shall not supervise more than six physician assistants who work at the same time.

D. A supervising physician shall develop a system for recording and reviewing all instances in which the physician assistant prescribes schedule II or schedule III controlled substances.
A.R.S. § 32-2607 — Arizona Code / Title 32 / Chapter 26 / Article 1 / Section 2607
32-2607 Fees; renewal of agency licenses and associate or employee registration certificates
Status: in_force

32-2607. Fees; renewal of agency licenses and associate or employee registration certificates

A. The department shall charge and collect reasonable fees as determined by the director to cover the operational and equipment costs of regulating the security guard industry.

B. An agency license granted under this chapter may be renewed after the department receives an application on such a form as the department prescribes, the fees prescribed pursuant to subsection A of this section and proof of required liability insurance and workers' compensation and the agency identifies the certified security guard training instructors and firearms safety training instructors that the applicant uses.  A person, firm, company, partnership or corporation may not carry on any business subject to this article during any period that may exist between the date of expiration of an agency license and the renewal of the agency license.

C. A security guard, armed security guard, security guard training instructor or firearms safety training instructor registration certificate granted under this article may be issued after application on such a form as the department prescribes, the payment of fees prescribed pursuant to subsection A of this section and proof of the completion of training as required by this chapter.

D. A security guard, armed security guard, security guard training instructor or firearms safety training instructor registration certificate granted under this article may be renewed after application on such a form as the department prescribes and the payment of renewal fees.

E. A licensee or registrant shall not engage in any activity regulated by this chapter during any period between the date of expiration of the agency license or registration certificate and the renewal of the agency license or registration certificate.

F. The department may renew a suspended agency license or registration certificate as provided in this chapter.  While suspended, the renewal of the agency license or registration certificate does not entitle the licensee, security guard, armed security guard, security guard training instructor or firearms safety training instructor to engage in any activity regulated by this chapter or in any other activity or conduct in violation of the order or judgment that suspended the agency license or registration certificate.

G. The department shall not renew a revoked agency license or registration certificate.  The department shall not accept an application for an agency license or registration certificate from a person whose agency license or registration certificate has been revoked until at least one year after the date of revocation.
A.R.S. § 32-2508 — Arizona Code / Title 32 / Chapter 25 / Article 1 / Section 2508
32-2508 Preceptorship awareness campaign; definitions
Status: in_force

32-2508. Preceptorship awareness campaign; definitions

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

B. For the purposes of this section:

1. "Medical preceptor" means a medical professional who is licensed pursuant to this chapter and who maintains an active practice in this state.

2. "Preceptorship":

(a) Means a mentoring experience in which a medical preceptor provides a program of personalized instruction, training and supervision to a student to enable the student to obtain a medical professional degree to become licensed pursuant to this chapter.

(b) Does not include mentoring for medical services that are prescribed in section 36-2301.01, subsection C, paragraph 1.

3. "Student" means an individual who is matriculating at the graduate level at an accredited institution of higher education in this state and who is seeking a medical professional degree to become licensed pursuant to this chapter.
A.R.S. § 32-3627 — Arizona Code / Title 32 / Chapter 36 / Article 2 / Section 3627
32-3627 Inactive license or certificate status; reactivation application; renewal application and fee; continuing education
Status: in_force

32-3627. Inactive license or certificate status; reactivation application; renewal application and fee; continuing education

A. Any license or certificate holder may request that the license or certificate be placed on inactive status by filing with the deputy director an application that includes all of the following:

1. The license or certificate holder's name.

2. The license or certificate number.

3. A request for inactive status.

B. The period a license or certificate is on inactive status under this section may not exceed two years.

C. A license or certificate holder who is on inactive status shall not do either of the following:

1. Represent that the license or certificate holder is an active appraiser licensed or certified in this state.

2. Perform real estate appraisals or appraisal reviews on real estate in this state.

D. A license or certificate holder who is on inactive status under this section must file with the deputy director an application for reactivation of the license or certificate before resuming real estate appraisal activity.

E. To return to active status, the inactive license or certificate holder shall do both of the following:

1. File with the deputy director an application for reactivation of the license or certificate.

2. Provide evidence of completion of the required continuing education that the license or certificate holder would have been required to meet during the period when the license or certificate holder's license or certificate was on inactive status.

F. If the holder of an inactive license or certificate under this section does not file an application for reactivation within a two-year period, that person must reapply for licensure or certification pursuant to the requirements of this chapter.

G. A license or certificate holder who is on inactive status pursuant to this section remains on inactive status until the deputy director approves the application for reactivation of the license or certificate.

H. The deputy director may take disciplinary or remedial action against a license or certificate holder who is on inactive status pursuant to this section.

I. A license or certificate holder who places the holder's license or certificate on inactive status must pay the renewal fee and complete an application for renewal as prescribed in section 32-3619. The license or certificate holder on inactive status is not required to provide evidence of completion of the continuing education requirements until the application for reactivation is filed pursuant to subsection E of this section.
A.R.S. § 32-1289.01 — Arizona Code / Title 32 / Chapter 11 / Article 4 / Section 1289.01
32-1289.01 Dental hygienists; affiliated practice relationships; rules; definition
Status: in_force

32-1289.01. Dental hygienists; affiliated practice relationships; rules; definition

A. A dentist who holds an active license pursuant to this chapter and a dental hygienist who holds an active license pursuant to this article may enter into an affiliated practice relationship to deliver dental hygiene services.

B. A dental hygienist shall satisfy all of the following to be eligible to enter into an affiliated practice relationship with a dentist pursuant to this section to deliver dental hygiene services in an affiliated practice relationship:

1. Hold an active license in good standing pursuant to this article.

2. Enter into an affiliated practice relationship with a dentist who holds an active license pursuant to this chapter.

3. Be actively engaged in dental hygiene practice for at least five hundred hours in each of the two years immediately preceding the affiliated practice relationship.

C. An affiliated practice agreement between a dental hygienist and a dentist shall be in writing and:

1. Shall identify at least the following:

(a) The affiliated practice settings in which the dental hygienist may deliver services pursuant to the affiliated practice relationship.

(b) The services to be provided and any procedures and standing orders the dental hygienist must follow.  The standing orders shall include the circumstances in which a patient may be seen by the dental hygienist.

(c) The conditions under which the dental hygienist may administer local anesthesia and provide root planing.

(d) Circumstances under which the affiliated practice dental hygienist must consult with the affiliated practice dentist before initiating further treatment on patients who have not been seen by a dentist within twelve months after the initial treatment by the affiliated practice dental hygienist.

2. May include protocols for supervising dental assistants.

D. The following requirements apply to all dental hygiene services provided through an affiliated practice relationship:

1. Patients who have been assessed by the affiliated practice dental hygienist shall be directed to the affiliated practice dentist for diagnosis, treatment or planning that is outside the dental hygienist's scope of practice, and the affiliated practice dentist may make any necessary referrals to other dentists.

2. The affiliated practice dental hygienist shall consult with the affiliated practice dentist if the proposed treatment is outside the scope of the agreement.

3. The affiliated practice dental hygienist shall consult with the affiliated practice dentist before initiating treatment on patients presenting with a complex medical history or medication regimen.

4. The patient shall be informed in writing that the dental hygienist providing the care is a licensed dental hygienist and that the care does not take the place of a diagnosis or treatment plan by a dentist.

E. A contract for dental hygiene services with licensees who have entered into an affiliated practice relationship pursuant to this section may be entered into only by:

1. A health care organization or facility.

2. A long-term care facility.

3. A public health agency or institution.

4. A public or private school authority.

5. A government-sponsored program.

6. A private nonprofit or charitable organization.

7. A social service organization or program.

F. An affiliated practice dental hygienist may not provide dental hygiene services in a setting that is not listed in subsection E of this section.

G. Each dentist in an affiliated practice relationship shall:

1. Be available to provide an appropriate level of contact, communication and consultation with the affiliated practice dental hygienist during the business hours of the affiliated practice dental hygienist.

2. Adopt standing orders applicable to dental hygiene procedures that may be performed and populations that may be treated by the affiliated practice dental hygienist under the terms of the applicable affiliated practice agreement and to be followed by the affiliated practice dental hygienist in each affiliated practice setting in which the affiliated practice dental hygienist performs dental hygiene services under the affiliated practice relationship.

3. Adopt procedures to provide timely referral of patients referred by the affiliated practice dental hygienist to a licensed dentist for examination and treatment planning. If the examination and treatment planning is to be provided by the dentist, that treatment shall be scheduled in an appropriate time frame.  The affiliated practice dentist or the dentist to whom the patient is referred shall be geographically available to see the patient.

4. Not permit the provision of dental hygiene services by more than six affiliated practice dental hygienists at any one time.

H. Each affiliated practice dental hygienist, when practicing under an affiliated practice relationship:

1. May perform only those duties within the terms of the affiliated practice relationship.

2. Shall maintain an appropriate level of contact, communication and consultation with the affiliated practice dentist.

3. Is responsible and liable for all services rendered by the affiliated practice dental hygienist under the affiliated practice relationship.

I. The affiliated practice dental hygienist and the affiliated practice dentist shall notify the board of the beginning of the affiliated practice relationship and provide the board with a copy of the agreement and any amendments to the agreement within thirty days after the effective date of the agreement or amendment. The affiliated practice dental hygienist and the affiliated practice dentist shall also notify the board within thirty days after the termination date of the affiliated practice relationship if this date is different than the agreement termination date.

J. Subject to the terms of the written affiliated practice agreement entered into between a dentist and a dental hygienist, a dental hygienist may:

1. Perform all dental hygiene procedures authorized by this chapter, except for performing any diagnostic procedures that are required to be performed by a dentist and administering nitrous oxide. The dentist's presence and an examination, diagnosis and treatment plan are not required unless specified by the affiliated practice agreement.

2. Supervise dental assistants, including dental assistants who are certified to perform functions pursuant to section 32-1291.

K. The board shall adopt rules regarding participation in affiliated practice relationships by dentists and dental hygienists that specify the following:

1. Additional continuing education requirements that must be satisfied by a dental hygienist.

2. Additional standards and conditions that may apply to affiliated practice relationships.

3. Compliance with the dental practice act and rules adopted by the board.

L. For the purposes of this section, "affiliated practice relationship" means the delivery of dental hygiene services, pursuant to an agreement, by a dental hygienist who is licensed pursuant to this article and who refers the patient to a dentist who is licensed pursuant to this chapter for any necessary further diagnosis, treatment and restorative care.
A.R.S. § 32-1288 — Arizona Code / Title 32 / Chapter 11 / Article 4 / Section 1288
32-1288 Practicing without license; classification
Status: in_force

32-1288. Practicing without license; classification

It is a class 1 misdemeanor for a person to practice dental hygiene in this state unless the person has obtained a license from the board as provided in this article.
A.R.S. § 32-4158 — Arizona Code / Title 32 / Chapter 41 / Article 3 / Section 4158
32-4158 Reporting violations; immunity
Status: in_force

32-4158.  Reporting violations; immunity

A. A person, licensee, corporation, educational institution, athletic organization or health care facility and state or local governmental agencies shall 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 32-4153.

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 32-4154 and 32-4155 or unless required by a court.
A.R.S. § 32-1827 — Arizona Code / Title 32 / Chapter 17 / Article 2 / Section 1827
32-1827 Cancellation of a license; requirements
Status: in_force

32-1827. Cancellation of a license; requirements

The board shall cancel a license at the licensee's request if the licensee is not the subject of a board investigation or disciplinary proceeding.
A.R.S. § 32-1205 — Arizona Code / Title 32 / Chapter 11 / Article 1 / Section 1205
32-1205 Organization; meetings; quorum; staff
Status: in_force

32-1205. Organization; meetings; quorum; staff

A. The board shall elect from its membership a president and a vice-president who shall act also as secretary-treasurer.

B. Board meetings shall be conducted pursuant to title 38, chapter 3, article 3.1. A majority of the board constitutes a quorum. Beginning September 1, 2015, meetings held pursuant to this subsection shall be audio recorded and the audio recording shall be posted to the board's website within five business days after the meeting.

C. The board may employ an executive director, subject to title 41, chapter 4, article 4 and legislative appropriation.

D. The board or the executive director may employ personnel, as necessary, subject to title 41, chapter 4, article 4 and legislative appropriation.
A.R.S. § 32-1161 — Arizona Code / Title 32 / Chapter 10 / Article 3 / Section 1161
32-1161 Rights of contractor after suspension of license
Status: in_force

32-1161. Rights of contractor after suspension of license

A. After suspending the license on any of the grounds set forth in section 32-1154, the registrar shall renew it on proof of compliance by the contractor with provisions of the judgment relating to renewal of the license, or in the absence of a judgment or provisions therein as to renewal, on proper showing that all loss caused by the act or omission for which the license was suspended has been fully satisfied.

B. After suspending the license pursuant to section 32-1154, the licensee may perform, without compensation, warranty work or other corrective work.

C. After revoking a license on any of the grounds set forth in section 32-1154, the license may not be renewed or reissued for one year after final determination of revocation and then only on proper showing that all loss caused by the act or omission for which the license was revoked has been fully satisfied.  For the purposes of this subsection, a proper showing may be made by demonstrating, to the satisfaction of the registrar, that the licensee exhausted all reasonable means to remedy the underlying loss caused by the act or omission.
A.R.S. § 32-2197.03 — Arizona Code / Title 32 / Chapter 20 / Article 9 / Section 2197.03
32-2197.03 Purchase agreements; rescission of contract or agreement; cancellation or termination of timeshare interests
Status: reserved

32-2197.03. Purchase agreements; rescission of contract or agreement; cancellation or termination of timeshare interests

A. A purchase agreement shall be in writing and shall be signed by the purchaser.  The developer shall give the purchaser a paper copy of the purchase agreement when the purchaser signs the purchase agreement.

B. The purchaser may rescind the purchase agreement without cause of any kind by sending or delivering a written notice of rescission by midnight of the tenth calendar day following the day on which the purchaser or prospective purchaser executed the purchase agreement.  The rescission rights shall be conspicuously disclosed in the purchase agreement. If the developer allows the rescission period to extend beyond ten calendar days, the rescission period disclosure in the purchase agreement shall reflect the longer period of time. The disclosure required by this subsection shall be printed immediately before the space reserved in the purchase agreement for the signature of the purchaser and shall include the following information:

1. The purchaser may cancel the purchase agreement without a penalty or obligation within ten calendar days, or another time period if applicable, after the purchaser signs the purchase agreement.

2. If the purchaser decides to cancel the purchase agreement, the purchaser shall notify the seller in writing of the purchaser's intent to cancel.

3. The purchaser's notice of cancellation is effective on the date the cancellation is sent and shall be sent to the seller at the seller's address.  The seller's address and telephone number shall be listed in the purchase agreement.

4. The purchaser may execute all closing documents in advance. However, the closing, as evidenced by delivery of the deed or other document, is prohibited before the ten calendar day cancellation period expires.

C. The denial of a purchaser's rights under this section without a good faith legal basis constitutes an unlawful practice under section 44-1522.  The attorney general may investigate and take appropriate action as prescribed by title 44, chapter 10, article 7.

D. This section applies to any timeshare plan approved by the commissioner pursuant to either article 4 of this chapter or this article, regardless of the date of issuance of the public report.
A.R.S. § 32-2394 — Arizona Code / Title 32 / Chapter 23 / Article 3 / Section 2394
32-2394 Cease and desist orders
Status: in_force

32-2394. Cease and desist orders

A. If the director has reasonable cause to believe that a professional driver training school licensed pursuant to article 2 of this chapter has violated or is violating a law of this state or rule adopted by the director, the director may immediately issue and serve on the licensee, by personal delivery or first class mail at the business address of record, a cease and desist order requiring the licensee to immediately cease and desist from further engaging in the business or the prohibited activity, or both.

B. A licensee who receives a cease and desist order may submit a written request for a hearing to the director.  The licensee shall submit the request for a hearing within thirty days after the licensee receives the cease and desist order.  On failure of a licensee to comply with the order or after a requested hearing, the director may suspend or cancel the licensee's license pursuant to section 32-2391.
A.R.S. § 32-1398.01 — Arizona Code / Title 32 / Chapter 12 / Article 6 / Section 1398.01
32-1398.01 Crematories; disciplinary proceedings
Status: in_force

32-1398.01. Crematories; disciplinary proceedings

Article 3 of this chapter and rules adopted pursuant to article 3 of this chapter govern disciplinary proceedings brought against a crematory.
A.R.S. § 32-2182 — Arizona Code / Title 32 / Chapter 20 / Article 4 / Section 2182
32-2182 Examination of subdivision by commissioner; fee; time limit to determine violation
Status: in_force

32-2182. Examination of subdivision by commissioner; fee; time limit to determine violation

A. The commissioner shall examine any subdivision offered for sale or lease and shall make public his findings.  The total cost of travel and subsistence expenses incurred by the department in the examination, in addition to the initial filing fee provided for in this section, shall be borne by the subdivider on the basis of actual cost to the department. A filing fee of five hundred dollars or such lesser fee as determined by the commissioner shall accompany the written notification required in section 32-2181.  The commissioner may allow the developer to outsource and pay for the cost of physical inspections so long as the department approves the inspector and the inspection for content.

B. The commissioner may, but is not required to, inspect a subdivision site if all of the following apply:

1. The commissioner has previously inspected the subdivision within the past two years.

2. All proposed improvements were complete at the time of the previous inspection.

3. The sales offering does not include any changes to the physical aspects of the subdivision, including the plat, site and locations of improvements.

C. The commissioner is not required to complete the inspection of the subdivision site before issuing a public report. Nevertheless, if the commissioner discovers anything during any subsequent inspection that would have been grounds to deny issuance of the public report or anything that would have warranted additional disclosure in the public report, the commissioner may issue a summary order as provided in section 32-2157.

D. Notwithstanding any other law, the commissioner has no more than five years after the date of an initial complaint or initiation of an investigation by the commissioner to determine if the sale or lease violated this article.
A.R.S. § 32-576 — Arizona Code / Title 32 / Chapter 5 / Article 6 / Section 576
32-576 Confidentiality
Status: in_force

32-576. Confidentiality

A. Examination materials, records of examination grading and performance and transcripts of educational institutions are confidential and are not subject to inspection pursuant to title 39, chapter 1, article 2.

B. All investigation files are confidential and are not subject to inspection pursuant to title 39, chapter 1, article 2 until the matter is final.  The licensee shall be informed of the investigation.  The public may obtain information that discloses that an investigation is being conducted and the general nature of the investigation.
A.R.S. § 32-3231 — Arizona Code / Title 32 / Chapter 32 / Article 2 / Section 3231
32-3231 Definitions
Status: in_force

32-3231. Definitions

In this article, unless the context otherwise requires:

1. "Administer" means the direct application of or dispensing or furnishing a prescription medication or a prescription-only device, whether by injection or any other means, to the body of a patient by a health professional or by the health professional's authorized agent at the direction of the health professional.

2. "Aesthetician" has the same meaning prescribed in section 32-501.

3. "Cosmetic purpose" means for the purpose of beautifying, preserving or conferring comeliness, excluding therapeutic massage and manipulations.

4. "Department" means the department of health services.

5. "Directly supervised" means a health professional who is licensed in this state and whose scope of practice allows the supervision supervises the use of a laser or IPL device for cosmetic purposes while the health professional is present at the facility where and when the device is being used.

6. "Indirect supervision" means supervision by a health professional who is licensed in this state, whose scope of practice allows the supervision and who is readily accessible by telecommunication.

7. "IPL device" has the same meaning prescribed in section 32-516.

8. "Laser" has the same meaning prescribed in section 32-516.

9. "Laser technician" means a person who is or has been certified by the department pursuant to its rules and this article.

10. "Registrant" means a person or entity that owns or operates a laser or IPL device for which the application for registration is on file with the department and that is in compliance with department rules.
A.R.S. § 32-2206 — Arizona Code / Title 32 / Chapter 21 / Article 1 / Section 2206
32-2206 Board personnel
Status: in_force

32-2206. Board personnel

Subject to title 41, chapter 4, article 4, the board may employ personnel as it deems necessary to provide investigative, professional and clerical assistance as required to perform its duties under this article. Personnel are eligible to receive compensation in an amount as determined pursuant to section 38-611.  The board may contract with other state or federal agencies as required to carry out this article.
A.R.S. § 32-4042 — Arizona Code / Title 32 / Chapter 40 / Article 3 / Section 4042
32-4042 Certificate reinstatement
Status: in_force

32-4042. Certificate reinstatement

A person whose certificate was suspended or revoked by the board may apply in writing for a reinstatement of the certificate on a showing of good cause and paying the renewal fee.  The board may grant or deny the request, may require the applicant to take or retake the examination for certification and may impose other conditions for reinstatement.
A.R.S. § 32-594 — Arizona Code / Title 32 / Chapter 5 / Article 7 / Section 594
32-594 Rulemaking; notice
Status: in_force

32-594. Rulemaking; notice

A. The commission shall adopt reasonable rules to effectively and efficiently implement and administer this compact. A rule is invalid and has no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of this compact or the powers granted pursuant to this compact, or based on another applicable standard of review.

B. Commission rules have the force of law in each member state, except that if commission rules conflict with the laws of the member state that establish the member state's scope of practice laws governing the practice of cosmetology as held by a court of competent jurisdiction, the commission rules are ineffective in that state to the extent of the conflict.

C. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted pursuant to this section.  Rules become binding as of the date specified by the commission for each rule.

D. If a majority of the legislatures of the member states rejects a rule or portion of a rule by enacting a statute or resolution in the same manner used to adopt this compact within four years after the date of adoption of the rule, the rule has no further force and effect in any member state or to any state applying to participate in this compact.

E. Rules shall be adopted at a regular or special meeting of the commission.

F. Before adopting a proposed rule, the commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions and arguments.

G. Before adopting a proposed rule, and at least thirty days before the meeting at which the commission will hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rulemaking as follows:

1. On the commission's website or other publicly accessible platform.

2. To persons who have requested notice of the commission's notices of proposed rulemaking.

3. In such other ways as the commission specifies by rule.

H. The notice of proposed rulemaking shall include:

1. The time, date and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date and location of the meeting at which the commission will consider and vote on the proposed rule.

2. If the hearing is held via telecommunication, videoconference or other electronic means, the commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking.

3. The text of the proposed rule and the reason for the proposed rule.

4. A request for comments on the proposed rule from any interested person.

5. The manner in which interested persons may submit written comments.

I. All hearings shall be recorded.  A copy of the recording and all written comments and documents received by the commission in response to the proposed rule shall be available to the public.

J. This section does not require a separate hearing on each rule. Rules may be grouped for the commission's convenience at hearings required by this section.

K. By a majority vote of all members, the commission shall take final action on the proposed rule based on the rulemaking record and the full text of the rule.

L. The commission may adopt changes to the proposed rule if the changes do not enlarge the original purpose of the proposed rule.

M. The commission shall provide an explanation of the reasons for substantive changes that are made to the proposed rule as well as reasons for substantive changes that are not made but that were recommended by commenters.

N. The commission shall determine a reasonable effective date for the rule. Except for an emergency rule as provided in subsection O of this section, the effective date of the rule shall be at least forty-five days after the commission issues the notice that the commission adopted or amended the rule.

O. On determination that an emergency exists, the commission may consider and adopt an emergency rule with at least a five-day notice, with an opportunity to comment, provided that the usual rulemaking procedures provided in this compact are retroactively applied to the rule as soon as reasonably possible, and not later than ninety days after the rule's effective date.  For the purposes of this subsection, an emergency rule is one that must be adopted immediately to:

1. Meet an imminent threat to public health, safety or welfare.

2. Prevent a loss of commission or member state monies.

3. Meet a deadline that is established by federal law to adopt a rule.

4. Protect public health and safety.

P. The commission or an authorized committee of the commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors.  Public notice of any revisions shall be posted on the commission's website.  The revision is subject to challenge by any person for a period of thirty days after posting.  The revision may be challenged only on grounds that the revision results in a material change to a rule.  A challenge shall be made in writing and delivered to the commission before the end of the notice period.  If a challenge is not made, the revision takes effect without further action. If the revision is challenged, the revision may not take effect without the commission's approval.

Q. A member state's rulemaking requirements do not apply under this compact.
A.R.S. § 32-830 — Arizona Code / Title 32 / Chapter 7 / Article 2 / Section 830
32-830 Fees
Status: in_force

32-830. Fees

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

1. For initial application for licensure, which includes the initial registration to dispense drugs and devices, $1,000.

2. For application for a license pursuant to section 32-827 by a podiatrist from another state or country, which includes the initial registration to dispense drugs and devices, $500.

3. For issuing a license, $500.

4. For annual renewal of a license, which includes the annual renewal of registration to dispense drugs and devices, $500.

5. For certifying a licensed podiatrist to authorities of another state or country, $50.

6. For late renewal of a license after July 30 through August 31, $150.

B. The board may establish and collect fees for the following:

1. Providing a duplicate wallet card.

2. Providing a duplicate wall certificate.

3. Copying records, documents, letters, minutes, applications, files and policy statements.

4. Providing a licensee list.

5. Providing audio files.
A.R.S. § 32-1527 — Arizona Code / Title 32 / Chapter 14 / Article 2 / Section 1527
32-1527 Fees
Status: in_force

32-1527. Fees

A. The board by a formal vote at an open public meeting shall establish fees, except as provided in section 32-1530, that the board determines are necessary to provide monies to conduct its business and that do not exceed the following:

1. For application for a license to practice naturopathic medicine and for certification to practice as a specialist, $400.

2. For application for a certificate to dispense, $400.

3. For issuance of a duplicate license or certificate, $100.

4. For endorsement of an Arizona license or certificate for the purpose of applying for a license, certificate or registration in another state or country, $50.

5. For initial issuance of a license or a certificate, $50.

6. For any annual renewal of a license or a certificate, $400.

7. For any late renewal of a license or an additional certificate, $200.

8. For an initial application to conduct or engage in an internship, a preceptorship or a postdoctoral training program, $100.

9. For examination of applicants, the cost of giving the examination to each applicant.

10. For an initial application to be certified as a naturopathic medical assistant, $100.

11. For a copy of the minutes of board meetings during the calendar year, $25 for each set of minutes.

12. For copying records, documents, letters, minutes, applications and files, $.25 per page.

13. For a copy of tapes or computerized diskettes not requiring programming, $100.

14. For written verification of a certificate or license, $5.

15. For submitting fingerprint cards to the department of public safety, the cost required by that department.

B. The board may charge a fee for services that it is not required to provide pursuant to this chapter but that the board determines are appropriate to carry out the intent and purpose of this chapter.  A fee imposed pursuant to this subsection shall not exceed the board's costs of rendering the service.
A.R.S. § 32-1973 — Arizona Code / Title 32 / Chapter 18 / Article 3 / Section 1973
32-1973 Pharmacies; quality assurance
Status: in_force

32-1973. Pharmacies; quality assurance

A. As prescribed by the board by rule, each pharmacy shall implement or participate in a continuous quality assurance program to review pharmacy procedures in order to identify methods for addressing pharmacy medication errors.  The rules shall prescribe requirements to document compliance and any other provisions necessary for the administration of the program.

B. Records that are generated as a component of a pharmacy's ongoing quality assurance program and that are maintained for that program are peer review documents and are not subject to subpoena or discovery in an arbitration or civil proceeding.  This subsection does not prohibit a patient from accessing the patient's prescription records or affect the discoverability of any records that are not generated only as a component of a pharmacy's ongoing quality assurance program and maintained only for that program.

C. A pharmacy meets the requirements of this section if it holds a current general, special or rural general hospital license from the department of health services and is any of the following:

1. Certified by the centers for medicare and medicaid services to participate in the medicare or medicaid programs.

2. Accredited by the joint commission on the accreditation of health care organizations.

3. Accredited by the American osteopathic association.
A.R.S. § 32-2902 — Arizona Code / Title 32 / Chapter 29 / Article 1 / Section 2902
32-2902 Board of homeopathic and integrated medicine examiners; membership; terms; removal; immunity
Status: in_force

32-2902. Board of homeopathic and integrated medicine examiners; membership; terms; removal; immunity

A. The board of homeopathic and integrated medicine examiners is established consisting of the following members appointed by the governor:

1. Two public members.

2. Until January 1, 2017, four members who are licensed pursuant to section 32-2912, subsection A.

3. Beginning January 1, 2017, five members who are licensed pursuant to this chapter, one of whom is licensed pursuant to section 32-2912, subsection B.

B. Before appointment by the governor, a prospective member of the board shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.  The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

C. Board members serve staggered three-year terms ending on June 30. Board members shall not serve more than three consecutive terms. A board member may continue to serve until that member's replacement takes office.

D. Board members shall be residents of this state for at least three consecutive years immediately before their appointment.

E. The governor may remove a board member from office because of that member's neglect of duty, malfeasance, misfeasance, incompetence or unprofessional or dishonorable conduct.

F. A board member's term of office automatically ends if that member is absent from this state for more than six months or if that member fails to attend three consecutive regularly scheduled board meetings.

G. Board members and board employees are immune from civil liability for any good faith action they take to implement this chapter.
A.R.S. § 32-1297.01 — Arizona Code / Title 32 / Chapter 11 / Article 5 / Section 1297.01
32-1297.01 Application for certification; fingerprint clearance card; denial; suspension
Status: in_force

32-1297.01. Application for certification; fingerprint clearance card; denial; suspension

A. Each applicant for certification shall submit a written application to the board accompanied by a nonrefundable jurisprudence examination fee and obtain a valid fingerprint clearance card issued pursuant to section 41-1758.03.

B. The board may deny an application for certification or for certification renewal if the applicant:

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

2. Has knowingly made any false statement in the application.

3. While uncertified, has committed or aided and abetted the commission of any act for which a certificate is required under this chapter.

4. Has had a certificate to practice denture technology revoked by a regulatory board in another jurisdiction in the United States or Canada for an act that occurred in that jurisdiction and that constitutes unprofessional conduct pursuant to this chapter.

5. Is currently under investigation, suspension or restriction by a regulatory board in another jurisdiction in the United States or Canada 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 certificate to practice denture technology in lieu of disciplinary action by a regulatory board in another jurisdiction in the United States or Canada for an act that occurred in that jurisdiction and that constitutes unprofessional conduct pursuant to this chapter.

C. The board shall suspend an application for certification if the applicant is currently under investigation by a denturist regulatory board in another jurisdiction.  The board shall not issue or deny certification to the applicant until the investigation is resolved.
A.R.S. § 32-1391.05 — Arizona Code / Title 32 / Chapter 12 / Article 5 / Section 1391.05
32-1391.05 Prearranged funeral agreements funded by trusts; definition
Status: in_force

32-1391.05. Prearranged funeral agreements funded by trusts; definition

A. All monies paid under a prearranged funeral agreement funded by trust, except as provided in subsection B of this section, shall be deposited, within five business days after the receipt of the monies, in a prearranged funeral trust account with a financial institution doing business in this state.  The monies shall be invested either in federally insured accounts, in which case the amounts so deposited shall not exceed the amount of the deposit insurance, or in direct obligations of the United States government. Federally insured accounts are defined as accounts insured by the federal deposit insurance corporation or the national credit union administration board. If invested in direct obligations of the United States government, the maturity dates of such obligations shall not exceed three years, unless rules adopted by the department of insurance and financial institutions permit a longer period and not less than five percent of the amounts so deposited shall at all times be deposited in federally insured accounts.

B. All monies paid under a fixed price prearranged funeral agreement funded by trust shall be deposited, within twenty-one calendar days or fifteen business days, whichever is shorter after the receipt of the monies, in a prearranged funeral trust account with a financial institution doing business in this state. In investing these monies the trustee shall exercise the judgment and care of a prudent investor under the prevailing circumstances.

C. Except as provided in this article:

1. All monies deposited in a prearranged funeral trust account and all accrued interest shall be held in the trust account for and remain the property of the beneficiary during the beneficiary's life and of the beneficiary's estate after the beneficiary's death.

2. A funeral establishment or another person shall not withdraw, transfer, remove, commingle, encumber or use as collateral any monies paid to the establishment under a prearranged funeral agreement funded by trust.

3. All monies deposited and accrued interest in a prearranged funeral trust account shall be exempt from attachment, garnishment, execution and claims of creditors, receivers and trustees of the funeral establishment other than the claims of the beneficiary or the beneficiary's estate.

4. All monies deposited and accrued interest in a prearranged funeral trust account up to a total of $5,000 shall be exempt from attachment, garnishment, execution and claims of creditors, receivers and trustees of the beneficiary other than the claims of the funeral establishment.

D. A funeral establishment may direct the financial institution in which the trust monies are deposited to transfer the trust account to another financial institution after providing each participant in the trust with the name and location of the institution and the new trust account number.

E. For the purposes of this section, "prudent investor" means a person who exercises the same care and expertise as a person of ordinary prudence, diligence, discretion and judgment would exercise in the management of the property of others, not in regard to speculation, but in regard to the permanent disposition of the funds considering the probable income as well as the probable safety of the capital to be invested.
A.R.S. § 32-1212; Version 2 — Arizona Code / Title 32 / Chapter 11 / Article 1 / Section 1212; Version 2
32-1212; Version 2 Dental board fund
Status: in_force

32-1212. Dental board fund

(L24, Ch. 222, sec. 14.  Eff. 7/1/28)

A. Except as provided in subsection C of this section, pursuant to sections 35-146 and 35-147, the executive director of the board shall each month deposit ten percent of all fees, fines and other revenue received by the board in the state general fund and deposit the remaining ninety percent in the dental board fund.

B. Monies deposited in the dental board fund are subject to the provisions of section 35-143.01.

C. Monies from administrative penalties received pursuant to section 32-1263.01 shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 32-1996 — Arizona Code / Title 32 / Chapter 18 / Article 4 / Section 1996
32-1996 Violations; classification; civil penalty
Status: in_force

32-1996. Violations; classification; civil penalty

A. Except as provided in this section, a person who violates this chapter:

1. Without the intent to defraud or mislead is guilty of a class 2 misdemeanor.

2. With the intent to defraud or mislead is guilty of a class 5 felony.

B. A person who violates section 32-1965, paragraph 4 or article 3.1 of this chapter is guilty of a class 2 felony.

C. Any person who secures a license or permit for that person or for another person by knowingly making a false representation, who fraudulently claims to be licensed as a pharmacist or pharmacy intern within the meaning of this chapter or who knowingly engages in the practice of pharmacy without a license is guilty of a class 2 misdemeanor.

D. A person who secures a license as a pharmacy technician or a registration as a pharmacy technician trainee for that person or for another person by knowingly making a false representation, who fraudulently claims to be licensed as a pharmacy technician or registered as a pharmacy technician trainee or who knowingly performs the duties of a pharmacy technician or a pharmacy technician trainee without a license or registration is guilty of a class 2 misdemeanor.

E. A person who dispenses a human growth hormone in violation of this chapter is guilty of a class 6 felony.

F. A court convicting any person for a violation of this chapter shall, immediately after the date of conviction, send a complete copy of the record of the conviction, including the person's name and offense committed, to the executive director of the board.

G. A person who violates section 32-1978 shall be issued a civil penalty only as set forth in that section.
A.R.S. § 32-564 — Arizona Code / Title 32 / Chapter 5 / Article 5 / Section 564
32-564 School license renewal
Status: in_force

32-564. School license renewal

A. Except as provided in section 32-4301, school licenses are renewable on or before June 30 of every year by meeting all the requirements for a school license and paying the prescribed renewal fee.

B. A school owner who fails to renew his school license by June 30 of every year shall apply pursuant to section 32-551 and pay the prescribed fee and delinquent renewal penalty.
A.R.S. § 32-2188.04 — Arizona Code / Title 32 / Chapter 20 / Article 5 / Section 2188.04
32-2188.04 Final decision and order on claim; notice
Status: in_force

32-2188.04. Final decision and order on claim; notice

A. The commissioner shall make a final written decision and order on a claim within ninety calendar days after receiving a completed application except in the following cases:

1. A proration hearing is pending under section 32-2188, subsection H.

2. An application is deficient or fails to comply substantially with the requirements of section 32-2188 or rules adopted pursuant to this chapter as determined pursuant to section 32-2188.02. The ninety day time period begins under this subsection when the department receives an application that is substantially complete.

3. The claimant agrees in writing to extend the time for making a decision.

B. If the commissioner fails to render a written decision and order on a claim within ninety calendar days, or within an extended period of time provided under subsection A of this section, the claim is considered to be approved on the day following the final day for rendering the decision.

C. The commissioner may approve or deny an application or may enter into a compromise with the claimant to pay less in settlement than the full amount of the claim.  If the claimant refuses to accept a settlement offered by the commissioner, the commissioner shall deny the claim.

D. The commissioner shall give notice of a decision and order with respect to the claim to the claimant and to any judgment debtor who has filed a timely response to the claim pursuant to section 32-2188.01 as follows:

1. If the commissioner denies the application, the notice shall include the following:

The claimant's application has been denied.  If the claimant wishes to pursue the application in court, the claimant must file the application in the court in which the underlying judgment was entered within six months after receiving this notice, pursuant to section 32-2188.05, Arizona Revised Statutes.

2. If the commissioner's decision is to make a payment to the claimant out of the real estate recovery fund, the following notice shall be given to the judgment debtor with a copy of the decision and order of the commissioner:

The decision of the Arizona state real estate commissioner on the claim of (name of claimant) is to pay $_________ from the real estate recovery fund.  A copy of that decision and order is enclosed.

Pursuant to section 32-2188, subsection I, Arizona Revised Statutes, all of your licenses and license rights under title 32, chapter 20, Arizona Revised Statutes, will be terminated effective on the date of the payment, and you will not be eligible to apply for reinstatement of any of those licenses until you have satisfied the underlying judgment and reimbursed the real estate recovery fund for this payment, including interest at the prevailing legal rate.

If you desire a judicial review of the commissioner's decision and order or the termination of your licenses and license rights, you may petition the superior court, in the county in which the judgment that is the basis of this claim was rendered, for a judicial review.  To be timely, you must file the petition with the court within 30 calendar days after receiving this notice.
A.R.S. § 32-3276 — Arizona Code / Title 32 / Chapter 33 / Article 3 / Section 3276
32-3276 Notice of address and telephone number changes; penalties
Status: in_force

32-3276. Notice of address and telephone number changes; penalties

A. A licensee must provide the board with the licensee's current home address and telephone number and office address and telephone number and promptly and in writing inform the board of any change in this information.

B. The board may assess the costs it incurs in locating a licensee and impose a penalty of not to exceed one hundred dollars against a licensee who does not notify the board pursuant to subsection A of this section within thirty days after the change of address or telephone number.