A.R.S. § 32-2453 — Arizona Code / Title 32 / Chapter 24 / Article 4 / Section 2453
32-2453 Business address; posting of license
Status: in_force

32-2453. Business address; posting of license

A. Each licensed agency shall have at least one physical location from which the normal business of the agency is conducted. The address of this location shall be on file with the department at all times as required by section 32-2423, subsection A and section 32-2425, subsection D.

B. The agency license certificate issued by the department shall be posted in a conspicuous place in the principal office of the private investigation agency.  The branch office certificate shall be conspicuously posted in the branch office of the agency for which it is issued.
A.R.S. § 32-1722 — Arizona Code / Title 32 / Chapter 16 / Article 2 / Section 1722
32-1722 Qualifications of applicant; applications
Status: in_force

32-1722. Qualifications of applicant; applications

A. A person who wishes to engage in the practice of the profession of optometry shall file with the board a verified application with the required application fee that includes:

1. The applicant's name, age and address.

2. Documentation of graduation from a university or college that teaches the profession of optometry and that is accredited by a nationally accepted accrediting body on optometric education.

3. Documentation of satisfactory completion of an equivalent course of study that is approved by the board in didactic education, pharmacology and clinical training in the examination, diagnosis and treatment of conditions of the human eye and its adnexa and that either:

(a) Meets the contemporary educational requirements at colleges of optometry in the United States.

(b) Totals at least one hundred twenty hours.

4. Documentation of the successful passage of a written examination as prescribed by the board.

5. Background information on a form prescribed by the attorney general for the purpose of conducting an investigation into the existence of prior arrests and convictions.

6. Disclosure of any investigation conducted or pending by an optometric regulatory board in another jurisdiction in the United States.

B. On receipt of an application in proper form and containing the information prescribed in subsection A of this section, the board may investigate the applicant's ability and experience.

C. For the purposes of an investigation that is conducted pursuant to subsection B of this section, the board may subpoena witnesses, administer oaths and take testimony with respect to any matter affecting the application at a hearing held after sufficient notice has been given.

D. If the board finds that the applicant has passed the examination provided for under section 32-1724 and that the applicant's ability and experience are satisfactory, the board shall issue a license.
A.R.S. § 32-1124 — Arizona Code / Title 32 / Chapter 10 / Article 2 / Section 1124
32-1124 License issuance; required posting and placement; license suspension
Status: in_force

32-1124. License issuance; required posting and placement; license suspension

A. When the registrar receives the fee required by this chapter and an application furnishing complete information as required by the registrar, the registrar shall notify the applicant within sixty days after the date of the filing of a complete application of the action taken on the application, and if the registrar determines that the applicant is qualified to hold a license in accordance with this chapter, the registrar shall issue a license to the applicant allowing the applicant to engage in business as a contractor under the terms of this chapter.

B. Licenses issued under this chapter and any renewals shall be signed by the registrar or the registrar's designated representative and by the licensee. The license is nontransferable, and satisfactory evidence of possession shall be exhibited by the licensee on demand. The license number appearing on any licenses held by the licensee must be preceded by the acronym "ROC" and shall be posted or placed as follows:

1. In a conspicuous place on premises where any work is being performed.

2. On all written bids and estimates submitted by the licensee.

3. On all published advertising, letterheads and other documents used by the licensee to correspond with the licensee's customers or potential customers in the conduct of business regulated by this chapter.

4. On all broadcast, internet or billboard advertising, unless the broadcast, internet or billboard advertising includes a website's uniform resource locator that directly links to a website that prominently displays the licensee's name and license number.

C. A violation of subsection B of this section relating to posting and placement of license numbers shall be, at the discretion of the registrar, grounds for disciplinary action pursuant to section 32-1154, subsection A, paragraph 12, but not grounds for preventing the award of a contract, voiding an awarded contract, or any other claim or defense against the licensee. For the purposes of this subsection, advertising does not include a trade association directory listing that is distributed solely to the members of the association and not to the general public.

D. If an application for a license is denied for any reason provided in this chapter, the application fee paid by the applicant is forfeited and shall be deposited pursuant to section 32-1107. A reapplication for a license shall be accompanied by the fee fixed by this chapter.

E. On issuance or renewal of a license, the registrar, at the request of a licensee, shall issue a single license certificate showing all contracting licenses held by the licensee that are currently in good standing and their dates of expiration.

F. The registrar may establish procedures to allow a licensee to establish a common expiration or renewal date for all licenses issued to the licensee and may provide for proration of license fees for that purpose.

G. The registrar may suspend by operation of law a license issued under this chapter if any of the following occurs:

1. The licensed entity is dissolved. The dissolution of the licensed entity includes the death of a sole owner, a change to the partnership by either adding or removing a partner, the revocation or dissolution of corporate authority or the dissolution of a limited liability company or limited liability partnership.

2. The licensed entity does not have authority to do business in this state.

3. The license is obtained or renewed with an insufficient funds check. The license remains suspended until the registrar receives sufficient funds as payment for the license fees and assessments.
A.R.S. § 32-1004 — Arizona Code / Title 32 / Chapter 9 / Article 1 / Section 1004
32-1004 Exemptions
Status: in_force

32-1004. Exemptions

A. The following persons are exempt from this chapter when engaged in the regular course of their respective businesses but shall comply with the requirements of section 32-1051, paragraphs 2 through 6 and section 32-1055, subsection C and subsection D, paragraphs 1, 2, 3 and 5:

1. Attorneys-at-law.

2. A person regularly employed on a regular wage or salary in the capacity of credit person or a similar capacity, except as an independent contractor.

3. Banks, including trust departments of a bank, fiduciaries and financing and lending institutions.

4. Common carriers.

5. Title insurers, title insurance agents and abstract companies while doing an escrow business.

6. Licensed real estate brokers.

7. Employees of licensees under this chapter.

8. Substation payment offices employed by or serving as independent contractors or public utilities.

9. A person licensed pursuant to title 6, chapter 7.

10. A person licensed pursuant to title 6, chapter 9.

11. A person licensed pursuant to title 6, chapter 14, article 1.

12. A participant in a finance transaction in which a lender receives the right to collect commercial claims due the borrower by assignment, by purchase or by the taking of a security interest in those commercial claims.

13. An accounting, bookkeeping or billing service provider that complies with all of the following:

(a) Does not accept accounts that are contractually past due at the time of receipt.

(b) Does not initiate any contact with individual debtors except for the initial written notice of the amount owing and one written follow-up notice.

(c) Does not give or send to any debtor a written communication that requests or demands payment.

(d) Does not receive or have access to monies paid by debtors or their insurers.

(e) All communications with the debtors are done in the name of the creditor.

14. A person collecting claims owed, due or asserted to be owed or due to a financial institution of which the deposits are insured by an agency of the federal government, or any affiliate of the financial institution, if the person is related by common ownership or affiliated by corporate control with the financial institution and collects the claims only for the financial institution or any affiliate of the financial institution.

15. A person who is licensed pursuant to title 20, chapter 2, article 3, 3.1, 3.2, 3.3 or 3.5 and who is authorized to collect premiums under an insurance policy financed by a premium finance agreement as defined in section 6-1401.

16. A person that is licensed pursuant to title 20, chapter 2, article 9, that is authorized to act as an administrator for an insurer as defined in section 20-485 and that collects charges pursuant to section 20-485.09, subsection B.

B. For the purposes of subsection A, paragraph 12 of this section:

1. A transaction shall not be deemed a finance transaction if the primary purpose is to facilitate the collection of claims.

2. Commercial claim does not include an account arising from the purchase of a service or product intended for personal, family or household use.

C. For the purposes of subsection A, paragraph 13, subdivision (b) of this section, the initial written notice and follow-up notice may contain only the following information:

1. The name, address and telephone and telefacsimile numbers of the creditor.

2. The amount due and an itemization of that amount.

3. The date payment is due.

4. The address or place where payment is to be made.

5. If the payment is past due, that payment is past due.

D. For a person who is exempt under subsection A, paragraph 14 of this section, the deputy director shall investigate complaints of residents of this state relating to any violations of section 32-1051, paragraphs 2 through 7 or section 32-1055, subsection C or subsection D, paragraph 1, 2, 3 or 5 and may examine the books, accounts, claims and files of a person that relate to the complaint. A person who is exempt and who violates section 32-1051, paragraphs 2 through 6 or section 32-1055, subsection C or subsection D, paragraph 1, 2, 3 or 5 is subject to sections 6-132, 6-136 and 6-137.
A.R.S. § 32-1271 — Arizona Code / Title 32 / Chapter 11 / Article 3 / Section 1271
32-1271 Marking of dentures for identification; retention and release of information
Status: in_force

32-1271. Marking of dentures for identification; retention and release of information

A. Every complete upper or lower denture fabricated by a licensed dentist, or fabricated pursuant to the dentist's work order, must be marked with the patient's name unless the patient objects.  The marking must be done during fabrication and must be permanent, legible and cosmetically acceptable. The dentist or the dental laboratory shall determine the location of the marking and the methods used to implant or apply it. The dentist must inform the patient that the marking is used only to identify the patient, and the patient may choose which marking is to appear on the dentures.

B. The dentist must retain the records of marked dentures and may not release the records to any person except to law enforcement officers in any emergency that requires personal identification by means of dental records or to anyone authorized by the patient to receive this information.
A.R.S. § 32-2064 — Arizona Code / Title 32 / Chapter 19.1 / Article 1 / Section 2064
32-2064 Meetings; committees; quorum
Status: in_force

32-2064. Meetings; committees; quorum

A. The board shall hold regular quarterly meetings at a time and place determined by the chairman. The board shall hold special meetings the chairman determines necessary to carry out the functions of the board.

B. The chairman may establish committees from the board membership necessary to carry out the functions of the board. The board may establish committees of licensed psychologists to act as consultants to the board. Members of consultant committees are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

C. A majority of board members constitutes a quorum and a majority vote of a quorum present is necessary for the board to take any action.
A.R.S. § 32-3229.01 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3229.01
32-3229.01 Health professional wellness programs; confidentiality; definition
Status: in_force

32-3229.01. Health professional wellness programs; confidentiality; definition

A. Any statewide association that is exempt from taxation under 26 United States Code section 501(c)(3) or 501(c)(6) and that primarily represents health professionals who are licensed to practice pursuant to chapter 13, 15 or 17 of this title may establish a health professional wellness program.

B. A record of a health professional's participation in a health professional wellness program is confidential and not subject to discovery, subpoena or a reporting requirement to the applicable health profession regulatory board, unless either:

1. The health professional voluntarily provides for written release of the information.

2. The disclosure is required to meet a person's obligation:

(a) To report criminal conduct.

(b) To report an act of unprofessional conduct.

(c) To report that the health professional is not able to safely practice.

(d) To warn an individual of an imminent threat of harm.

C. For the purposes of this section, "health professional wellness program":

1. Means a program of evaluation, counseling, including substance abuse counseling, or another modality to address an issue related to career fatigue or wellness in a health professional who is licensed pursuant to chapter 13, 15 or 17 of this title.

2. Does not include providing services that are intended to monitor for impairment.
A.R.S. § 32-1152 — Arizona Code / Title 32 / Chapter 10 / Article 3 / Section 1152
32-1152 Bonds
Status: in_force

32-1152. Bonds

A. Before granting an original contractor's license, the registrar shall require of the applicant a surety bond in a form acceptable to the registrar or a cash deposit as provided in this section. No contractor's license may be renewed unless the applicant's surety bond or cash deposit is in full force and effect.

B. The bonds, or the cash deposit as provided in this section, shall be in the name of the licensee in amounts fixed by the registrar with the following schedules after giving due consideration to the volume of work and the classification contemplated by the applicant:

1. General commercial building contractors and subclassifications of general commercial contractors shall furnish a surety bond or cash deposit in an amount that is determined as follows:

(a) If the estimated annual volume of construction work of the applicant is $10,000,000 or more, the applicant must furnish a surety bond or cash deposit of not less than $50,000 or more than $100,000.

(b) If the estimated annual volume of construction work of the applicant is more than $5,000,000 and less than $10,000,000, the applicant shall furnish a surety bond or cash deposit of not less than $35,000 or more than $75,000.

(c) If the estimated annual volume of construction work of the applicant is more than $1,000,000 and less than $5,000,000, the applicant shall furnish a surety bond or cash deposit of not less than $15,000 or more than $50,000.

(d) If the estimated annual volume of construction work of the applicant is more than $500,000 and less than $1,000,000, the applicant shall furnish a surety bond or cash deposit of not less than $10,000 or more than $25,000.

(e) If the estimated annual volume of construction work of the applicant is more than $150,000 and less than $500,000, the applicant shall furnish a surety bond or cash deposit of not less than $5,000 or more than $15,000.

(f) If the estimated annual volume of construction work of the applicant is less than one hundred fifty thousand dollars, the applicant shall furnish a surety bond or cash deposit of five thousand dollars.

2. Specialty commercial contractors shall furnish a surety bond or cash deposit in an amount that is determined as follows:

(a) If the estimated annual volume of construction work of the applicant is $10,000,000 or more, the applicant shall furnish a surety bond or cash deposit of not less than $37,500 or more than $50,000.

(b) If the estimated annual volume of construction work of the applicant is more than $5,000,000 and less than $10,000,000, the applicant shall furnish a surety bond or cash deposit of not less than $17,500 or more than $37,500.

(c) If the estimated annual volume of construction work of the applicant is more than $1,000,000 and less than $5,000,000, the applicant shall furnish a surety bond or cash deposit of not less than $7,500 or more than $25,000.

(d) If the estimated annual volume of construction work of the applicant is more than $500,000 and less than $1,000,000, the applicant shall furnish a surety bond or cash deposit of not less than $5,000 or more than $17,500.

(e) If the estimated annual volume of construction work of the applicant is more than $150,000 and less than $500,000, the applicant shall furnish a surety bond or cash deposit of not less than $2,500 or more than $7,500.

(f) If the estimated annual volume of construction work of the applicant is less than $150,000, the applicant shall furnish a surety bond or cash deposit of $2,500.

3. The total amount of the surety bond or cash deposit required of a licensee who holds more than one license under paragraphs 1 and 2 of this subsection is the sum of the surety bond or cash deposit required for each license based on the estimated annual volume of construction work of the applicant allocated to and performed under each license. The applicant at his option may post a single surety bond or cash deposit that is the sum of the bonds or deposits determined under this subsection for all such licenses.

4. General dual licensed contractors and subclassifications of general dual licensed contractors shall furnish a single surety bond or cash deposit with amounts for each classification of license that are determined based on the volume of commercial work as determined under paragraph 1 of this subsection and the volume of residential work as determined under paragraph 5 of this subsection. Liability under the bond or cash deposit is limited to the amount established for each commercial or residential license and is subject to the limits and requirements set forth in subsection E of this section.

5. General residential contractors and subclassifications of general residential contractors shall furnish a surety bond or cash deposit in an amount of not more than $15,000 and not less than $5,000.

6. Specialty dual licensed contractors shall furnish a single surety bond or cash deposit with amounts for each classification of license that are determined based on the volume of commercial work as determined under paragraph 2 of this subsection and the volume of residential work as determined under paragraph 7 of this subsection. Liability under the bond or cash deposit is limited to the amount established for each commercial or residential license and is subject to the limits and requirements set forth in subsection E of this section.

7. Specialty residential contractors shall furnish a surety bond or cash deposit in an amount of not more than $7,500 and not less than $1,000.

8. Dual licensed swimming pool contractors and residential swimming pool general contractors shall furnish a surety bond or cash deposit in the same amounts based on the volume of work as determined under paragraph 1 of this subsection for a general commercial contractor.

C. Dual licensed contractors and residential contractors shall also either:

1. Furnish an additional surety bond or cash deposit in the amount of $200,000 solely for actual damages suffered by claimants as described in section 32-1132. This bond is subject to the limits on the amounts that may be awarded to individual claimants as established in section 32-1132.

2. Participate in the residential contractors' recovery fund and pay the assessment prescribed by section 32-1126, subsection G.

D. The surety bonds shall be executed by the contractor as principal with a corporation duly authorized to transact surety business in this state. Evidence of a surety bond shall be submitted to the registrar in a form acceptable to the registrar. The contractor in the alternative may establish a cash deposit in the amount of the bond with the state treasurer in accordance with rules adopted by the registrar.  Such cash bond monies shall be deposited, pursuant to sections 35-146 and 35-147, in the contractors' cash bond fund. The state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the state general fund. Such cash deposits may be withdrawn, if there are no outstanding claims against them, two years after the termination of the license in connection with which the cash is deposited. The cash deposit may be withdrawn two years after the filing of a commercial surety bond as a replacement to the cash deposit.

E. The bonds or deposit required by subsection B of this section are for the benefit of and are subject to claims by the registrar of contractors for failure to pay any sum required pursuant to this chapter.  The bond or deposit required by subsection B, paragraphs 1, 2 and 3 of this section is for the benefit of and subject to claims by a licensee under this chapter or a lessee, owner or co-owner of nonresidential real property including, but not limited to, a tenant in common or joint tenant, or their successors in interest, who has a direct contract with the licensee against whose bond or deposit the claim is made and who is damaged by the failure of the licensee to build or improve a structure or appurtenance on that real property at the time the work was performed in a manner not in compliance with the requirements of any building or construction code applicable to the construction work under the laws of this state or any political subdivision, or if no such code was applicable, in accordance with the standards of construction work approved by the registrar. The residential bond or deposit required by subsection B, paragraphs 4 through 8 of this section is for the benefit of and subject to claims by any person furnishing labor, materials or construction equipment on a rental basis used in the direct performance of a construction contract involving a residential structure or by claimants as described in section 32-1132. The bond or deposit required by subsection C, paragraph 1 of this section is for the benefit of and is subject to claims only by claimants as described in section  32-1132. The person seeking recovery from the bond or cash deposit shall maintain an action at law against the contractor if claiming against the cash deposit or against the contractor and surety if claiming against the surety bond. If the person seeking recovery is required to give the notice pursuant to section 33-992.01, he is entitled to seek recovery only if he has given such notice and has made proof of service. The surety bond or cash deposit is subject to claims until the full amount thereof is exhausted. The court may award reasonable attorney fees in a judgment against a contractor's surety bond or cash deposit. A suit may not be commenced on the bond or for satisfaction from the cash deposit after the expiration of two years following the commission of the act or delivery of goods or rendering of services on which the suit is based, except that time for purposes of claims for fraud is measured as provided in section 12-543. The surety bond or cash deposit shall be continuous in form and conditioned so that the total aggregate liability of the surety or cash deposit for all claims, including reasonable attorney fees, is limited to the face amount of the surety bond or cash deposit irrespective of the number of years the bond or cash deposit is in force. If the corporate surety desires to make payment without awaiting court or registrar action, the amount of any bond filed in compliance with this chapter shall be reduced to the extent of any payment or payments made by the corporate surety in good faith thereunder. Any such payments shall be based on priority of written claims received by the corporate surety before court or registrar action. If more than one cash deposit exists, the judgment against the contractor shall state which cash deposit is used to satisfy the judgment. A certified copy of the judgment shall then be filed with the registrar, and such judgment must specify that it may be satisfied from the contractor's cash deposit. Priority for payment is based on the time of filing with the registrar. On receipt of a certified copy of the judgment or on a final disciplinary order of the registrar, the registrar may authorize payment from the cash deposit of the amount claimed or of whatever lesser amount remains on file. In any action against a cash deposit, the claimant, at the time of filing suit, may notify the registrar in writing of the action against the cash deposit, but may not name as a defendant in the action the registrar, the treasurer or the state. A claimant's failure to notify the registrar at the time of filing suit may result in the cash deposit being withdrawn by the licensee before judgment pursuant to subsection D of this section.

F. When a corporate surety cancels a bond, the surety, not less than thirty days before the effective date of the cancellation, shall give the principal and the registrar a written notice of the cancellation. Notice to the principal shall be by certified mail in a sealed envelope with postage fully prepaid. Proof of notice to the principal shall be made available to the registrar on request. On reduction or depletion of the cash deposit, the registrar shall immediately notify the licensee of said reduction or depletion and that the licensee must replenish the cash deposit or furnish a surety bond on or before thirty days from the date of said reduction or depletion or the contractor's license is suspended on the thirtieth day without further notice or hearing. Notice to the contractor shall be by certified mail in a sealed envelope with postage fully prepaid thereon, addressed to the contractor's latest address of record in the registrar's office. The contractor's license is suspended by operation of law on the date the bond is canceled or thirty days from the date of reduction or depletion of the cash deposit unless a replacement bond or cash deposit is on file with the registrar.

G. The registrar and the state treasurer have no personal liability for the performance of duties relating to the bonds, cash deposits, certificates of deposit, investment certificates or share accounts required or permitted by this chapter as long as such duties are performed in good faith.

H. In the following instances the registrar, after a hearing, may require, as a condition precedent to issuance, renewal, continuation or removal of suspension of a license, a surety bond or cash deposit in an amount and duration to be fixed by the registrar based on the seriousness of the violations, which may not be more than ten times the amount required by subsection B of this section:

1. When a license of either the applicant or the qualifying party has been suspended or revoked or a surety bond or cash deposit requirement has been increased under section 32-1154 previously as the result of disciplinary action for a violation of this chapter.

2. When either the applicant or qualifying party was an officer, member, partner or qualifying party for a licensee at any time during which cause for disciplinary action occurred resulting in suspension or revocation of such licensee's license and such applicant or qualifying party had knowledge of or participated in the act or omission that was the cause of such disciplinary action for a violation of this chapter.

3. The bonds required by this subsection are in addition to any other bond or cash deposit required by this chapter or any other bond required of a contractor by an owner or any other contracting party on any contract undertaken by him pursuant to the authority of such license.
A.R.S. § 32-591 — Arizona Code / Title 32 / Chapter 5 / Article 7 / Section 591
32-591 Financing of the commission; assessments; annual review
Status: in_force

32-591. Financing of the commission; assessments; annual review

A. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.

B. The commission may accept any and all appropriate sources of revenue, donations and grants of monies, equipment, supplies, materials and services.

C. The commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources.  The aggregate annual assessment amount for member states shall be allocated based on a formula that the commission adopts by rule.

D. The commission may not incur obligations of any kind before securing the monies adequate to meet the obligations.  The commission may not pledge the credit of any member states, except by and with the authority of the member state.

E. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the financial review and accounting procedures established under its bylaws.  All receipts and disbursements of monies handled by the commission are subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the commission's annual report.
A.R.S. § 32-3506 — Arizona Code / Title 32 / Chapter 35 / Article 1 / Section 3506
32-3506 Executive director; duties; compensation
Status: in_force

32-3506. Executive director; duties; compensation

A. Subject to title 41, chapter 4, article 4, the board shall appoint an executive director who serves at the pleasure of the board. The executive director shall not be a board member.

B. The executive director and other board employees are eligible to receive compensation as determined pursuant to section 38-611.

C. The executive director shall:

1. Perform the board's administrative duties.

2. Subject to title 41, chapter 4, article 4 and, as applicable, articles 5 and 6, employ, evaluate, dismiss, discipline and direct personnel as necessary to carry out board functions.

3. Initiate an investigation if there is reason to believe that a licensee is incompetent, mentally or physically unable to safely practice respiratory care or engaged in unprofessional conduct.

4. Issue subpoenas if necessary to compel the attendance and testimony of witnesses and the production of books, records, documents and evidence.

5. As directed by the board, sign and execute disciplinary orders, rehabilitative orders and notices of hearings.

6. On behalf of the board, enter into stipulated agreements with licensees for the treatment, rehabilitation and monitoring of chemical substance abuse or misuse.

7. On behalf of the board, enter into stipulated agreements with licensees for the confidential treatment, rehabilitation and monitoring of chemical dependency.  A licensee who materially fails to comply with a program requirement shall be reported to the board and terminated from the confidential program established pursuant to section 32-3504.  Any records of a licensee who is terminated from a confidential program are no longer confidential or exempt from the public records law.  Notwithstanding any law to the contrary, stipulated agreements are not public records if the following conditions are met:

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

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

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

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

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

8. Perform all other duties required by the board.
A.R.S. § 32-2111 — Arizona Code / Title 32 / Chapter 20 / Article 1 / Section 2111
32-2111 Attorney general as legal adviser and representative of commissioner
Status: in_force

32-2111. Attorney general as legal adviser and representative of commissioner

The attorney general shall act for the commissioner in all legal actions or proceedings and shall advise him upon all questions of law arising out of the administration of this chapter.
A.R.S. § 32-4023 — Arizona Code / Title 32 / Chapter 40 / Article 2 / Section 4023
32-4023 Certificate renewal
Status: in_force

32-4023. Certificate renewal

A. Except as provided in section 32-4301, a certificate issued pursuant to this article is subject to renewal and expiration as prescribed by rules adopted pursuant to section 32-4005.

B. The certificate holder is responsible for applying for a renewal certificate.  On receipt of the renewal application and the renewal fee, the board shall issue the applicant a new certificate unless the board finds that the applicant does not meet the requirements for renewal or that section 32-4024 applies.

C. A certificate holder shall inform the supreme court of any name or address change within thirty days after the change occurs.

D. A certificate holder shall include with the application for renewal documentation satisfactory to the board that the certificate holder has successfully completed at least ten hours of approved continuing education each year.
A.R.S. § 32-3501 — Arizona Code / Title 32 / Chapter 35 / Article 1 / Section 3501
32-3501 Definitions
Status: in_force

32-3501. Definitions

In this chapter, unless the context otherwise requires:

1. "Board" means the board of respiratory care examiners.

2. "Diagnostic testing" includes obtaining physiologic samples and determining acid-base status and blood gas values from blood samples and pulmonary function measurements.

3. "Licensed respiratory care practitioner" means a respiratory therapist who is licensed pursuant to this chapter.

4. "Medical direction" means direction by a physician who is licensed pursuant to chapter 13 or 17 of this title.

5. "Practice of respiratory care" means direct and indirect respiratory care services that are performed in a clinic, hospital, skilled nursing facility or private dwelling or other place deemed appropriate or necessary by the board in accordance with the prescription or verbal order of a physician and performed under qualified medical direction. These services include:

(a) Administering pharmacological, diagnostic and therapeutic agents that are related to respiratory care procedures and necessary to implement a treatment, disease prevention, pulmonary rehabilitative or diagnostic regimen prescribed by a physician.

(b) Transcribing and implementing the written or verbal orders of a physician pertaining to the practice of respiratory care and observing and monitoring signs and symptoms, general behavior, general physical responses to respiratory care treatment and diagnostic testing, including a determination of whether these signs, symptoms, reactions, behavior or general responses exhibit abnormal characteristics.

(c) Implementing appropriate reporting, referral, respiratory care protocols or changes in treatment based on observed abnormalities and pursuant to a prescription by a physician who is licensed pursuant to chapter 13 or 17 of this title.

(d) Initiating emergency procedures pursuant to board rules or as otherwise permitted in this chapter.

(e) Respiratory therapy.

(f) Inhalation therapy.

(g) Therapeutics.

6. "Respiratory therapist" means a person who successfully completes a respiratory therapy training program approved by the board.

7. "Respiratory therapy training program" means a program that is accredited by the commission on accreditation for respiratory care or its successor agency and that is adopted by the board.

8. "Therapeutics" includes the following:

(a) Applying and monitoring oxygen therapy.

(b) Administering pharmacological agents to the cardiopulmonary systems.

(c) Ventilation therapy.

(d) Artificial airway care.

(e) Bronchial hygiene therapy.

(f) Cardiopulmonary resuscitation.

(g) Respiratory rehabilitation therapy.

(h) Barometric therapy.

(i) Assisting physicians licensed pursuant to chapter 13 or 17 of this title with hemodynamic monitoring.

9. "Unprofessional conduct" includes the following:

(a) Committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude.

(b) Habitual intemperance in the use of alcohol.

(c) Illegal use of narcotic or hypnotic drugs or substances.

(d) Gross incompetence, repeated incompetence or incompetence resulting in injury to a patient.

(e) Having professional connection with or lending the name of the licensee to an illegal practitioner of respiratory therapy or any of the other healing arts.

(f) Failing to refer a patient whose condition is beyond the training or ability of the respiratory therapist to another professional qualified to provide such service.

(g) Immorality or misconduct that tends to discredit the respiratory therapy profession.

(h) Having a license refused, revoked or suspended by any other state, territory, district or country, unless it can be shown that this was not caused by reasons that relate to the person's ability to safely and skillfully practice respiratory therapy or to an act of unprofessional conduct prescribed in this paragraph.

(i) Any conduct or practice that is contrary to recognized standards of ethics of the respiratory therapy profession or any conduct or practice that does or might constitute a danger to the health, welfare or safety of the patient or the public.

(j) Any conduct, practice or condition that does or might impair the person's ability to safely and skillfully practice respiratory therapy.

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

(l) Failing to report to the board within ten calendar days an incident or incidents that appear to show the existence of a cause for disciplinary action or that a licensed respiratory care practitioner is or may be professionally incompetent or is or may be mentally or physically unable to engage safely in the practice of respiratory care.
A.R.S. § 32-3651 — Arizona Code / Title 32 / Chapter 36 / Article 4 / Section 3651
32-3651 Definitions
Status: in_force

32-3651. Definitions

In this article, unless the context otherwise requires:

1. "Analysis" means the review of a property valuation or legal classification established by a county assessor in the representation of a person in appealing the property valuation or legal classification to the county assessor.

2. "Appraisal" means the development of real or personal property valuation or legal classification opinions or conclusions.

3. "Property tax agent" means an individual who is designated by a person or is an employee of an entity designated as an agent pursuant to section 42-16001, who acts on behalf of a person who owns, controls or possesses property valued by a county assessor or the department of revenue and who receives a fee for the analysis of any matter relating to the review of the valuation or legal classification of the person's property before the assessor, the county or state board of equalization or the department of revenue. Property tax agent does not include a person who is admitted to practice law in this state, an employee of the person owning, controlling or possessing the property or an employee of an entity designated pursuant to section 42-16001, if such employee is performing a secretarial, clerical or administrative support function.
A.R.S. § 32-2029 — Arizona Code / Title 32 / Chapter 19 / Article 2 / Section 2029
32-2029 Fees
Status: in_force

32-2029. Fees

The board shall establish and collect fees of not more than:

1. $300 for an application for an original license. This fee is nonrefundable.

2. $300 for a certificate of renewal of a license.

3. $300 for an application for reinstatement of licensure.

4. $50 for each duplicate license.
A.R.S. § 32-2905 — Arizona Code / Title 32 / Chapter 29 / Article 1 / Section 2905
32-2905 Executive director; duties
Status: in_force

32-2905. Executive director; duties

A. The executive director of the acupuncture board of examiners shall serve as the executive director of the board of homeopathic and integrated medicine examiners. The staff of the acupuncture board of examiners shall carry out the administrative responsibilities of the board of homeopathic and integrated medicine examiners.

B. The executive director shall:

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

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

3. Prepare bills for authorized expenditures of the board and obtain warrants from the department of administration.

4. Act as custodian of the seal, books, records, minutes and proceedings of the board.

5. Perform all duties prescribed by the board.

6. Perform all administrative duties of the board.

7. Subject to title 41, chapter 4, article 4, employ personnel necessary to carry out board functions.
A.R.S. § 32-3251 — Arizona Code / Title 32 / Chapter 33 / Article 1 / Section 3251
32-3251 Definitions
Status: in_force

32-3251. Definitions

In this chapter, unless the context otherwise requires:

1. "Board" means the board of behavioral health examiners.

2. "Client" means a patient who receives behavioral health services from a person licensed pursuant to this chapter.

3. "Direct client contact" means the performance of therapeutic or clinical functions related to the applicant's professional practice level of psychotherapy that includes diagnosis, assessment and treatment and that may include psychoeducation for mental, emotional and behavioral disorders based primarily on verbal or nonverbal communications and intervention with, and in the presence of, one or more clients, including through the use of telehealth pursuant to title 36, chapter 36, article 1.

4. "Equivalent" means comparable in content and quality but not identical.

5. "Indirect client service":

(a) Means training for, and the performance of, functions of an applicant's professional practice level in preparation for or on behalf of a client for whom direct client contact functions are also performed, including case consultation and receipt of clinical supervision.

(b) Does not include the provision of psychoeducation.

6. "Letter of concern" means a nondisciplinary written document sent by the board to notify a licensee that, while there is insufficient evidence to support disciplinary action, the board believes that continuation of the activities that led to the investigation may result in further board action against the licensee.

7. "Licensee" means a person who is licensed pursuant to this chapter.

8. "Practice of addiction counseling":

(a) Means the professional application of general counseling theories, principles and techniques as specifically adapted, based on research and clinical experience, to the specialized needs and characteristics of persons who are experiencing an addiction that is a persistent, compulsive dependence on a behavior or substance, including mood-altering behaviors or activities known as process addictions, and related problems and to the families of those persons.

(b) Includes the following:

(i) Assessment, appraisal and diagnosis.

(ii) The use of psychotherapy for the purpose of evaluation, diagnosis and treatment of individuals, couples, families and groups.

9. "Practice of behavioral health" means the practice of marriage and family therapy, practice of professional counseling, practice of social work and practice of addiction counseling pursuant to this chapter.

10. "Practice of marriage and family therapy" means the professional application of family systems theories, principles and techniques to treat interpersonal relationship issues and nervous, mental and emotional disorders that are cognitive, affective or behavioral.  The practice of marriage and family therapy includes:

(a) Assessment, appraisal and diagnosis.

(b) The use of psychotherapy for the purpose of evaluation, diagnosis and treatment of individuals, couples, families and groups.

11. "Practice of professional counseling" means the professional application of mental health, psychological and human development theories, principles and techniques to:

(a) Facilitate human development and adjustment throughout the human life span.

(b) Assess and facilitate career development.

(c) Treat interpersonal relationship issues and nervous, mental and emotional disorders that are cognitive, affective or behavioral.

(d) Manage symptoms of mental illness.

(e) Assess, appraise, evaluate, diagnose and treat individuals, couples, families and groups through the use of psychotherapy.

12. "Practice of social work" means the professional application of social work theories, principles, methods and techniques to:

(a) Treat mental, behavioral and emotional disorders.

(b) Assist individuals, families, groups and communities to enhance or restore the ability to function physically, socially, emotionally, mentally and economically.

(c) Assess, appraise, diagnose, evaluate and treat individuals, couples, families and groups through the use of psychotherapy.

13. "Psychoeducation" means the education of a client as part of a treatment process that provides the client with information regarding mental health, emotional disorders or behavioral health.

14. "Psychotherapy" means a variety of treatment methods developing out of generally accepted theories about human behavior and development.

15. "Telehealth" has the same meaning prescribed in section 36-3601.

16. "Unprofessional conduct" includes the following, whether occurring in this state or elsewhere:

(a) Being convicted of a felony. Conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the conviction.

(b) Using fraud or deceit in connection with rendering services as a licensee or in establishing qualifications pursuant to this chapter.

(c) Making any oral or written misrepresentation of a fact:

(i) To secure or attempt to secure the issuance or renewal of a license.

(ii) In any statements provided during an investigation or disciplinary proceeding by the board.

(iii) Regarding the licensee's skills or the value of any treatment provided or to be provided.

(d) Making any false, fraudulent or deceptive statement connected with the practice of behavioral health, including false or misleading advertising by the licensee or the licensee's staff or a representative compensated by the licensee.

(e) Securing or attempting to secure the issuance or renewal of a license by knowingly taking advantage of the mistake of another person or the board.

(f) Engaging in active habitual intemperance in the use of alcohol or active habitual substance abuse.

(g) Using a controlled substance that is not prescribed for use during a prescribed course of treatment.

(h) Obtaining a fee by fraud, deceit or misrepresentation.

(i) Aiding or abetting a person who is not licensed pursuant to this chapter to purport to be a licensed behavioral health professional in this state.

(j) Engaging in conduct that the board determines is gross negligence or repeated negligence in the licensee's profession.

(k) Engaging in any conduct or practice that is contrary to recognized standards of ethics in the behavioral health profession or that constitutes a danger to the health, welfare or safety of a client.

(l) Engaging in any conduct, practice or condition that impairs the ability of the licensee to safely and competently practice the licensee's profession.

(m) Engaging or offering to engage as a licensee in activities that are not congruent with the licensee's professional education, training or experience.

(n) Failing to comply with or violating, attempting to violate or assisting in or abetting the violation of any provision of this chapter, any rule adopted pursuant to this chapter, any lawful order of the board, or any formal order, consent agreement, term of probation or stipulated agreement issued under this chapter.

(o) Failing to furnish information within a specified time to the board or its investigators or representatives if legally requested by the board.

(p) Failing to conform to minimum practice standards as developed by the board.

(q) Failing or refusing to maintain adequate records of behavioral health services provided to a client.

(r) Providing behavioral health services that are clinically unjustified or unsafe or otherwise engaging in activities as a licensee that are unprofessional by current standards of practice.

(s) Terminating behavioral health services to a client without making an appropriate referral for continuation of care for the client if continuing behavioral health services are indicated.

(t) Disclosing a professional confidence or privileged communication except as may otherwise be required by law or allowed by a legally valid written release.

(u) Failing to allow the board or its investigators on demand to examine and have access to documents, reports and records in any format maintained by the licensee that relate to the licensee's practice of behavioral health.

(v) Engaging in any sexual conduct between a licensee and a client or former client.

(w) Providing behavioral health services to any person with whom the licensee has had sexual contact.

(x) Exploiting a client, former client or supervisee. For the purposes of this subdivision, "exploiting" means taking advantage of a professional relationship with a client, former client or supervisee for the benefit or profit of the licensee.

(y) Engaging in a dual relationship with a client that could impair the licensee's objectivity or professional judgment or create a risk of harm to the client. For the purposes of this subdivision, "dual relationship" means a licensee simultaneously engages in both a professional and nonprofessional relationship with a client that is avoidable and not incidental.

(z) Engaging in physical contact between a licensee and a client if there is a reasonable possibility of physical or psychological harm to the client as a result of that contact.

(aa) Sexually harassing a client, former client, research subject, supervisee or coworker. For the purposes of this subdivision, "sexually harassing" includes sexual advances, sexual solicitation, requests for sexual favors, unwelcome comments or gestures or any other verbal or physical conduct of a sexual nature.

(bb) Harassing, exploiting or retaliating against a client, former client, research subject, supervisee, coworker or witness or a complainant in a disciplinary investigation or proceeding involving a licensee.

(cc) Failing to take reasonable steps to inform potential victims and appropriate authorities if the licensee becomes aware during the course of providing or supervising behavioral health services that a client's condition indicates a clear and imminent danger to the client or others.

(dd) Failing to comply with the laws of the appropriate licensing or credentialing authority to provide behavioral health services by electronic means in all governmental jurisdictions where the client receiving these services resides.

(ee) Giving or receiving a payment, kickback, rebate, bonus or other remuneration for a referral.

(ff) Failing to report in writing to the board information that would cause a reasonable licensee to believe that another licensee is guilty of unprofessional conduct or is physically or mentally unable to provide behavioral health services competently or safely.  This duty does not extend to information provided by a licensee that is protected by the behavioral health professional-client privilege unless the information indicates a clear and imminent danger to the client or others or is otherwise subject to mandatory reporting requirements pursuant to state or federal law.

(gg) Failing to follow federal and state laws regarding the storage, use and release of confidential information regarding a client's personal identifiable information or care.

(hh) Failing to retain records pursuant to section 12-2297.

(ii) Violating any federal or state law, rule or regulation applicable to the practice of behavioral health.

(jj) Failing to make client records in the licensee's possession available in a timely manner to another health professional or licensee on receipt of proper authorization to do so from the client, a minor client's parent, the client's legal guardian or the client's authorized representative.

(kk) Failing to make client records in the licensee's possession promptly available to the client, a minor client's parent, the client's legal guardian or the client's authorized representative on receipt of proper authorization to do so from the client, the minor client's parent, the client's legal guardian or the client's authorized representative.

(ll) Being the subject of the revocation, suspension, surrender or any other disciplinary sanction of a professional license, certificate or registration or other adverse action related to a professional license, certificate or registration in another jurisdiction or country, including the failure to report the adverse action to the board. The action taken may include refusing, denying, revoking or suspending a license or certificate, the surrendering of a license or certificate, otherwise limiting, restricting or monitoring a licensee or certificate holder or placing a licensee or certificate holder on probation.

(mm) Engaging in any conduct that results in a sanction imposed by an agency of the federal government that involves restricting, suspending, limiting or removing the licensee's ability to obtain financial remuneration for behavioral health services.

(nn) Violating the security of any licensure examination materials.

(oo) Using fraud or deceit in connection with taking or assisting another person in taking a licensure examination.
A.R.S. § 32-1634.01 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1634.01
32-1634.01 Qualifications of international registered nurses; application for license; examination
Status: in_force

32-1634.01. Qualifications of international registered nurses; application for license; examination

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

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

2. Meets English language proficiency requirements prescribed by the board by rule.

3. Submit a report from an agency recognized by the board verifying that any license held in an international jurisdiction is in good standing and is of equivalent status to a license issued in the United States.

4. Pass an examination as provided in section 32-1633, subsection A.

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

B. If the applicant satisfies the requirements of subsection A of this section and meets the other requirements established pursuant to this chapter and board rules, except those requiring graduation from a board approved program, the board shall issue a license to practice as a registered nurse to the applicant.

C. On review of credible evidence, the board may require retesting of an applicant if the board believes that the security of an international licensure examination has been compromised and that the credibility of the examination results is in question.
A.R.S. § 32-2183.03 — Arizona Code / Title 32 / Chapter 20 / Article 4 / Section 2183.03
32-2183.03 Civil liabilities
Status: in_force

32-2183.03. Civil liabilities

A. When any part of the notice of intention filed pursuant to section 32-2181 contains an untrue statement of a material fact or omits a material fact required to be stated in such notice, the subdivider or agent shall be liable as provided in this section to any person who acquires a lot or parcel in the subdivision covered by such notice of intention during such period the notice of intention remained uncorrected unless at the time of such acquisition the person acquiring the lot knew of such untruth or omission.

B. Any subdivider or agent who sells or leases a lot or parcel in a subdivision in violation of section 32-2183 or by means of a public report that 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 lot or parcel as provided in this section unless at the time of purchase the purchaser knew of the untruth or omission.

C. It is unlawful for a subdivider or agent in selling or leasing, or offering to sell or lease, any lot or parcel in a subdivision 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 lot, parcel or subdivision and on which the purchaser relies.

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

D. Except as provided in subsection E of this section, damages in any suit brought pursuant to this section shall be the difference between the purchase price of the lot or parcel plus the cost of any improvements made to such lot or parcel and the following applicable amount:

1. The price at which such lot or parcel was sold in a bona fide market transaction prior to suit or judgment.

2. If the lot or parcel has not been sold before judgment, the current market value of the lot or parcel and any improvements as of the date the suit was filed.

E. The damages described in subsection D of this section shall not exceed the dollar amount that is the difference in price or market value that results from the untrue statement of material fact or omission of material fact that is required to be stated in the public report.

F. 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.

G. 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.

H. In no case shall the amount recoverable pursuant to this section exceed the sum of the purchase price of the lot or parcel, the reasonable cost of improvements installed by the purchaser and reasonable court costs and attorneys' fees.

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

J. 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 on 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. § 32-2943 — Arizona Code / Title 32 / Chapter 29 / Article 3 / Section 2943
32-2943 Complaints; statute of limitations
Status: in_force

32-2943. Complaints; statute of limitations

The board may not act on its own motion or on any complaint received by the board in which an allegation of unprofessional conduct or any other violation of this chapter against a professional who holds an Arizona license occurred more than four years before the complaint is received by the board. This time limitation does not apply to:

1. Medical malpractice settlements or judgments or allegations of sexual misconduct or if an incident or occurrence involved a felony, diversion of a controlled substance or impairment while practicing by the licensee.

2. A board's consideration of the specific unprofessional conduct related to a licensee's failure to disclose conduct or a violation as required by law.
A.R.S. § 32-1807 — Arizona Code / Title 32 / Chapter 17 / Article 1 / Section 1807
32-1807 Preceptorship awareness campaign; definitions
Status: in_force

32-1807. 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, which may include educating the student about dispensing drugs and devices, 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. § 32-1639.01 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1639.01
32-1639.01 Qualifications of international graduate practical nurses; application for license; examination
Status: in_force

32-1639.01. Qualifications of international graduate practical nurses; application for license; examination

A. An applicant for a license to practice as a practical nurse who is a graduate of an international nursing program, who is not licensed in another state or territory of the United States and who does not meet the requirements of section 32-1638, subsection A must satisfy the following requirements:

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

2. Meets English language proficiency requirements prescribed by the board by rule.

3. Submit a report from an agency recognized by the board verifying that any license held in an international jurisdiction is in good standing and is of equivalent status to a license issued in the United States.

4. Pass an examination as prescribed in section 32-1638.

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

B. The board shall issue a license to practice as a practical nurse to an applicant who does not meet the requirements of section 32-1637, paragraph 1, relating to graduation from a board approved program, if the applicant otherwise meets the requirements of subsection A of this section and the other requirements established pursuant to this chapter.

C. On review of credible evidence, the board may require retesting of an applicant if the board believes that the security of an international licensure examination has been compromised and that the credibility of the examination results is in question.
A.R.S. § 32-3075 — Arizona Code / Title 32 / Chapter 30 / Article 4 / Section 3075
32-3075 Statute of limitations; recovery from fund; eligibility
Status: in_force

32-3075. Statute of limitations; recovery from fund; eligibility

A. A claim against the fund shall not be commenced later than one year after the private postsecondary education institution has ceased operations. The person injured shall submit a complaint to the board outlining the circumstances surrounding the claim. The board shall promptly investigate the complaint. If the complaint and claim are valid the board shall pay the claim in the amount it considers reasonable.

B. Any person injured by a private postsecondary education institution ceasing operation is eligible to submit a claim against the fund unless the person is not a resident of this state and is enrolled in distance learning instruction.
A.R.S. § 32-131 — Arizona Code / Title 32 / Chapter 1 / Article 2 / Section 131
32-131 Assayer emeritus status
Status: in_force

32-131. Assayer emeritus status

The board shall grant assayer emeritus status to an assayer who is registered by the board pursuant to this chapter on August 6, 2016 if both of the following apply:

1. The assayer has not received any complaints during the assayer's active registration.

2. The assayer analyzes metals, ores, minerals or alloys to ascertain the quantity of gold or silver or any other substance present in the metals, ores, minerals or alloys.
A.R.S. § 32-1299 — Arizona Code / Title 32 / Chapter 11 / Article 7 / Section 1299
32-1299 Substance abuse treatment and rehabilitation program; private contract; funding; confidential stipulation agreement
Status: in_force

32-1299. Substance abuse treatment and rehabilitation program; private contract; funding; confidential stipulation agreement

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

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

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

2. Release to the board on demand of all treatment records.

3. Periodic reports to the board regarding each dentist's, dental therapist's, denturist's or dental hygienist's diagnosis and prognosis and recommendations for continuing care, treatment and supervision.

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

5. Immediate reporting to the board of the name of a practitioner who refuses to submit to treatment or whose impairment is not substantially alleviated through treatment.

C. The board may allocate an amount of not more than twenty dollars annually or sixty dollars triennially from each fee it collects from the renewal of active licenses for the operation of the program established by this section.

D. A dentist, dental therapist, denturist or hygienist who, in the opinion of the board, is impaired by alcohol or drug abuse shall agree to enter into a confidential nondisciplinary stipulation agreement with the board. The board shall place a licensee or certificate holder on probation if the licensee or certificate holder refuses to enter into a stipulation agreement with the board and may take other action as provided by law. The board may also refuse to issue a license or certificate to an applicant if the applicant refuses to enter into a stipulation agreement with the board.

E. In the case of a licensee or certificate holder who is impaired by alcohol or drug abuse after completing a second monitoring program pursuant to a stipulation agreement under subsection D of this section, the board shall determine whether:

1. To refer the matter for a formal hearing for the purpose of suspending or revoking the license or certificate.

2. The licensee or certificate holder should be placed on probation for a minimum of one year with restrictions necessary to ensure public safety.

3. To enter into another stipulation agreement under subsection D of this section with the licensee or certificate holder.
A.R.S. § 32-1207 — Arizona Code / Title 32 / Chapter 11 / Article 1 / Section 1207
32-1207 Powers and duties; executive director; immunity; fees; definitions
Status: in_force

32-1207. Powers and duties; executive director; immunity; fees; definitions

A. The board shall:

1. Adopt rules that are not inconsistent with this chapter for regulating its own conduct, for holding examinations and for regulating the practice of dentists and supervised personnel and registered business entities, provided that:

(a) Regulation of supervised personnel is based on the degree of education and training of the supervised personnel, the state of scientific technology available and the necessary degree of supervision of the supervised personnel by dentists.

(b) Except as provided pursuant to sections 32-1276.03 and 32-1281, only licensed dentists may perform diagnosis and treatment planning, prescribe medication and perform surgical procedures on hard and soft tissues.

(c) Only a licensed dentist, a dental therapist either under the direct supervision of a dentist or pursuant to a written collaborative practice agreement or a dental hygienist in consultation with a dentist may perform examinations, oral health assessments and treatment sequencing for dental hygiene procedures.

2. Adopt a seal.

3. Maintain a record that is available to the board at all times of its acts and proceedings, including the issuance, denial, renewal, suspension or revocation of licenses and the disposition of complaints.  The existence of a pending complaint or investigation shall not be disclosed to the public.  Records of complaints shall be available to the public, except only as follows:

(a) If the board dismisses or terminates a complaint, the record of the complaint shall not be available to the public.

(b) If the board has issued a nondisciplinary letter of concern, the record of the complaint shall be available to the public only for a period of five years after the date the board issued the letter of concern.

(c) If the board has required additional nondisciplinary continuing education pursuant to section 32-1263.01 but has not taken further action, the record of the complaint shall be available to the public only for a period of five years after the licensee satisfies this requirement.

(d) If the board has assessed a nondisciplinary civil penalty pursuant to section 32-1208 but has not taken further action, the record of the complaint shall be available to the public only for a period of five years after the licensee satisfies this requirement.

4. Establish a uniform and reasonable standard of minimum educational requirements consistent with the accreditation standards of the American dental association commission on dental accreditation to be observed by dental schools, dental therapy schools and dental hygiene schools in order to be classified as recognized dental schools, dental therapy schools or dental hygiene schools.

5. Establish a uniform and reasonable standard of minimum educational requirements that are consistent with the accreditation standards of the United States department of education or the council on higher education accreditation and that must be observed by denture technology schools in order to be classified as recognized denture technology schools.

6. Determine the reputability and classification of dental schools, dental therapy schools, dental hygiene schools and denture technology schools in accordance with their compliance with the standard set forth in paragraph 4 or 5 of this subsection, whichever is applicable.

7. Issue licenses to persons who the board determines are eligible for licensure pursuant to this chapter.

8. Determine the eligibility of applicants for restricted permits and issue restricted permits to those found eligible.

9. Pursuant to section 32-1263.02, investigate charges of misconduct on the part of licensees and persons to whom restricted permits have been issued.

10. Issue a letter of concern, which is not a disciplinary action but refers to practices that may lead to a violation and to disciplinary action.

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

12. Collect and disburse monies.

13. Perform all other duties that are necessary to enforce this chapter and that are not specifically or by necessary implication delegated to another person.

14. Establish criteria for the renewal of permits issued pursuant to board rules relating to general anesthesia and sedation.

B. The board may:

1. Sue and be sued.

2. Issue subpoenas, including subpoenas to the custodian of patient records, compel attendance of witnesses, administer oaths and take testimony concerning all matters within the board's jurisdiction.  If a person refuses to obey a subpoena issued by the board, the refusal shall be certified to the superior court and proceedings shall be instituted for contempt of court.

3. Adopt rules:

(a) Prescribing requirements for continuing education for renewal of all licenses issued pursuant to this chapter.

(b) Prescribing educational and experience prerequisites for administering intravenous or intramuscular drugs for the purpose of sedation or for using general anesthetics in conjunction with a dental treatment procedure.

(c) Prescribing requirements for obtaining licenses for retired licensees or licensees who have a disability, including the triennial license renewal fee.

4. Hire consultants to assist the board in the performance of its duties and employ persons to provide investigative, professional and clerical assistance as the board deems necessary.

5. Contract with other state or federal agencies as required to carry out the purposes of this chapter.

6. If determined by the board, order physical, psychological, psychiatric and competency evaluations of licensed dentists, dental therapists and dental hygienists, certified denturists and applicants for licensure and certification at the expense of those individuals.

7. Establish an investigation committee consisting of not more than eleven licensees who are in good standing, who are appointed by the board and who serve at the pleasure of the board to investigate any complaint submitted to the board, initiated by the board or delegated by the board to the investigation committee pursuant to this chapter.

C. The executive director or the executive director's designee may:

1. Issue and renew licenses, certificates and permits to applicants who meet the requirements of this chapter.

2. Initiate an investigation if evidence appears to demonstrate that a dentist, dental therapist, dental hygienist, denturist or restricted permit holder may be engaged in unprofessional conduct or may be unable to safely practice dentistry.

3. Initiate an investigation if evidence appears to demonstrate that a business entity may be engaged in unethical conduct.

4. Subject to board approval, enter into a consent agreement with a dentist, dental therapist, denturist, dental hygienist or restricted permit holder if there is evidence of unprofessional conduct.

5. Subject to board approval, enter into a consent agreement with a business entity if there is evidence of unethical conduct.

6. Refer cases to the board for a formal interview.

7. If delegated by the board, enter into a stipulation agreement with a person under the board's jurisdiction for the treatment, rehabilitation and monitoring of chemical substance abuse or misuse.

D. Members of the board are personally immune from liability with respect to all acts done and actions taken in good faith and within the scope of their authority.

E. The board by rule shall require that a licensee obtain a permit for applying general anesthesia and sedation, shall establish and collect a fee of not more than $300 to cover administrative costs connected with issuing the permit and shall conduct inspections to ensure compliance.

F. The board by rule may establish and collect fees for license verification, board meeting agendas and minutes, published lists and mailing labels.

G. This section does not prohibit the board from conducting its authorized duties in a public meeting.

H. For the purposes of this section:

1. "Good standing" means that a person holds an unrestricted and unencumbered license that has not been suspended or revoked pursuant to this chapter.

2. "Record of complaint" means the document reflecting the final disposition of a complaint or investigation.
A.R.S. § 32-2195.11 — Arizona Code / Title 32 / Chapter 20 / Article 7 / Section 2195.11
32-2195.11 Civil penalties; limitation
Status: in_force

32-2195.11. Civil penalties; limitation

A. An owner or agent who is subject to the jurisdiction of the department and who violates any provision of this chapter relating to the sale or lease of unsubdivided lands or any rule adopted or order issued by the commissioner relating to the sale or lease of unsubdivided lands or who engages in any unlawful practices defined in section 44-1522 with respect to the sale or lease of unsubdivided lands may be assessed a civil penalty by the commissioner, after a hearing, in an amount of not more than one thousand dollars per infraction.  An infraction that concerns more than one lot among unsubdivided lands is a single infraction for the purposes of this section.

B. A proceeding for the imposition of a civil penalty or for suspension or revocation of a license for a violation of this article or any rule adopted or order issued by the commissioner must be commenced within the earlier of five years of either of the following:

1. Actual discovery by the department.

2. Discovery that should have occurred if the department was reasonably diligent.
A.R.S. § 32-573 — Arizona Code / Title 32 / Chapter 5 / Article 6 / Section 573
32-573 Procedure for disciplinary action; appeal
Status: in_force

32-573. Procedure for disciplinary action; appeal

A. The board on its own motion may investigate any information that appears to show the existence of any of the causes set forth in section 32-572. The board shall investigate the report of any person that appears to show the existence of any of the causes set forth in section 32-572. A person who reports pursuant to this section and who provides the information in good faith is not subject to liability for civil damages as a result.

B. If, after completing its investigation, the board finds that the evidence is not of sufficient seriousness to merit direct action against a license or registration, it may take either of the following actions:

1. Dismiss if, in the opinion of the board, the evidence is without merit.

2. File a letter of concern if, in the opinion of the board, while there is insufficient evidence to support direct action against the license or registration there is sufficient evidence for the board to notify the licensee or registrant that continuation of the activities that led to the information or report being made to the board may result in action against the licensee's license or registrant's registration.

C. If, in the opinion of the board, it appears the information or report is or may be true, the board shall request an informal interview with the licensee or registrant concerned. The interview shall be requested by the board in writing, stating the reasons for the interview and setting a date at least ten days after the date of the notice for conducting the interview.

D. If, after an informal interview, the board finds that the evidence warrants suspension or revocation of a license or registration issued pursuant to this chapter, imposition of a civil penalty or public reproof or if the licensee or registrant under investigation refuses to attend the informal interview, a complaint shall be issued and formal proceedings shall be initiated. All proceedings pursuant to this subsection shall be conducted in accordance with title 41, chapter 6, article 10.

E. A licensee or registrant who has been notified pursuant to subsection D of this section of charges pending against the licensee or registrant shall file with the board an answer in writing to the charges not more than thirty days after the licensee or registrant receives the complaint. If the licensee or registrant fails to answer in writing within this time, it is deemed an admission by the licensee or registrant of the acts charged in the complaint and the board may take disciplinary action allowed by this chapter without a hearing.

F. If the board finds that the evidence is not of sufficient seriousness to merit suspension or revocation of a license or registration issued pursuant to this chapter, imposition of a civil penalty or public reproof, the board may take the following actions:

1. Dismiss if, in the opinion of the board, the evidence is without merit.

2. File a letter of concern if, in the opinion of the board, while there is insufficient evidence to support direct action against the license or registration there is sufficient evidence for the board to notify the licensee or registrant that continuation of the activities which led to the information or report being made to the board may result in action against the licensee's license or registrant's registration.

3. Impose probation requirements.

G. If a licensee or registrant violates this chapter or a rule adopted pursuant to this chapter, the board may assess the licensee or registrant with the board's reasonable costs and expenses, including attorney fees, incurred in conducting the investigation and administrative hearing. All monies collected pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in a separate account in the barbering and cosmetology fund established by section 32-505.  The board may only use these monies to defray its expenses in connection with investigation related training and education, disciplinary investigations and all costs related to administrative hearings. Notwithstanding section 35-143.01 the separate account monies may be spent without legislative appropriation.

H. Except as provided in section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 32-902 — Arizona Code / Title 32 / Chapter 8 / Article 1 / Section 902
32-902 Organization; meetings
Status: in_force

32-902. Organization; meetings

A. The board shall annually elect from its membership a chairman and vice-chairman.

B. The board shall hold regular meetings at such places as it determines in January and July of each year, and may hold other meetings at times and places determined by a majority of the board. The board shall notify the public of such dates, time and place of meetings at least twenty-four hours prior to any meeting as provided by law. Meetings of the board shall be open to the public as provided by law.

C. A majority of the members of the board shall constitute a quorum and a majority vote of a quorum present at any meeting shall govern all actions taken by the board, except that licenses shall be issued pursuant to this chapter only upon the vote of a majority of the full board.
A.R.S. § 32-1270 — Arizona Code / Title 32 / Chapter 11 / Article 3 / Section 1270
32-1270 Deceased or incapacitated dentists; notification
Status: in_force

32-1270. Deceased or incapacitated dentists; notification

A. An administrator or executor of the estate of a deceased dentist, or a person who is legally authorized to act for a dentist who has been adjudicated to be mentally incompetent, must notify the board within sixty days after the dentist's death or incapacitation.  The administrator or executor may employ a licensed dentist for a period of not more than one year to:

1. Continue the deceased or incapacitated dentist's practice.

2. Conclude the affairs of the deceased or incapacitated dentist, including the sale of any assets.

B. An administrator or executor operating a practice pursuant to this section for more than one year must register as a business entity pursuant to section 32-1213.
A.R.S. § 32-3107 — Arizona Code / Title 32 / Chapter 31 / Article 1 / Section 3107
32-3107 Continuing education requirements; evidence of effectiveness
Status: in_force

32-3107. Continuing education requirements; evidence of effectiveness

Any legislative proposal which contains a continuing education requirement for a health profession shall be accompanied by evidence that such a requirement has been proven effective for the health profession.
A.R.S. § 32-537 — Arizona Code / Title 32 / Chapter 5 / Article 3 / Section 537
32-537 Instructors; inactive licenses; reactivation; suspension
Status: in_force

32-537. Instructors; inactive licenses; reactivation; suspension

A. An instructor license that is not renewed pursuant to section 32-535 automatically reverts to inactive status.

B. A licensee may reactivate an inactive license:

1. If a license has been inactive for less than one year, by paying the prescribed delinquent renewal penalty.

2. If a license has been inactive for one year or more but less than five years, by paying the prescribed delinquent renewal penalty and submitting proof of satisfying educational requirements prescribed by the board in its rules.

C. A license that has been inactive for five years is automatically suspended.

D. A licensee shall not practice under an inactive license.
A.R.S. § 32-2198.01 — Arizona Code / Title 32 / Chapter 20 / Article 10 / Section 2198.01
32-2198.01 Application for membership camping public report; signature; amendment
Status: in_force

32-2198.01. Application for membership camping public report; signature; amendment

A. An application for a membership camping public report shall contain the following documents and information:

1. The name and address of the membership camping operator.

2. A copy of the articles of incorporation, partnership agreement or joint venture agreement and the camping club association bylaws as contemplated or currently in effect.

3. A list of all officers and directors or persons occupying a similar status of the membership camping operator including their names, addresses and occupations during the last five years.

4. A list of material affiliates of the membership camping operator, including the names and addresses of partners, officers, directors and persons with a direct or indirect interest of ten per cent or more in the membership camping operator.

5. A list of all owners of over ten per cent of the voting stock of the membership camping operator, except that this list is not required if the membership camping operator is a reporting company under the securities and exchange act of 1934.

6. Copies of forms of all advertisements intended to be used in connection with the offer or sale of membership camping contracts within this state.

7. A copy of each type of membership camping contract to be sold, a description of the purchase price of each type and, if the price varies, the reason for the variance.

8. A copy of any conditional use permit or any other major use permits indicating approval of the project by this state or a political subdivision of this state for each of the membership camping operator's camping projects located in this state. If the membership camping operator has no projects in this state, the same documents shall be provided for all out of state projects for which membership contracts are to be sold or offered for sale in this state.

9. The financial statements of the membership camping operator prepared in accordance with generally accepted accounting principles and audited by an independent certified public accountant.

10. A statement of the total number of membership camping contracts intended to be sold in this state and the method used to determine this number including a statement of commitment that this total number will not be exceeded unless it is disclosed by an amendment to the registration.

11. If membership camping contracts are sold with different privileges or durations, a list of each type of membership camping contract and the approximate number of each type to be sold.

12. A copy of the agreement, if any, between the operator and any person owning, controlling or managing the campground.

13. The names of any other states or foreign countries in which an application for registration of the membership camping operator or the membership camping contract or any similar document has been filed.

14. Complete information concerning any adverse order, judgment or decree involving forgery, theft, extortion, conspiracy to defraud, a crime of moral turpitude or any other like conduct which has been entered by a court or administrative agency in connection with a campground or other business operated by the applicant or in which the applicant has or had an interest at the time of the acts which led to the order, judgment or decree.

15. A current title report which is signed and dated not more than thirty days before receipt by the commissioner and which provides a true statement of the condition of the title to the campground property, including all encumbrances on the property.

16. A statement on the provisions that have been made for permanent access and provisions, if any, for health department approved sewage and solid waste collection and disposal and public utilities, if any, in the proposed campground, including water, electricity, gas and telephone facilities.

17. A statement of the provisions, if any, limiting the use or occupancy of the campground, together with copies of any restrictive covenants affecting all or part of the campground.

18. A true statement of the approximate amount of indebtedness which is a lien on the campground or any part of the campground and which was incurred to pay for the construction of any on-site or off-site improvement or any community or recreational facility.

19. A true statement or reasonable estimate, if applicable, of the amount of any indebtedness which has been or is proposed to be incurred by an existing or proposed special district, entity, taxing area or assessment district within the boundaries of which the campground or any part of the campground is located, and which is to pay for the construction or installation of any improvement or to furnish community or recreational facilities to the campground, and which amounts are to be obtained by ad valorem tax or assessment, or by a special assessment or tax on the campground or any part of the campground.

20. A true statement as to the approximate amount, if any, of annual taxes, special assessments or fees to be paid by the membership camping contract owner for the proposed annual maintenance of common facilities in the campground.

21. A true statement of assurances for the installation of improvements, such as roads and utilities, and approval by the political subdivision having authority.

22. A true statement of provisions made for financing any community, recreational or other facilities to be included in the offering or represented as being in the offering. The statement shall include a trust agreement or other evidence of assurances for delivery of such facilities and a statement of the provisions, if any, for the continued maintenance of the facilities.

23. A true statement of the nature of any improvements to be installed or represented to be installed, the estimated schedule for completion and the estimated costs related to these improvements which will be borne by membership camping contract owners in the campground.

24. A true statement of the membership camping operator's experience in the membership camping business, including the number of years the operator has been in the membership camping business.

25. A true statement of the nature of the purchaser's right or license to use the membership camping operator's property or facilities.

26. The location of each of the membership camping operator's parks and a brief description for each park of the significant facilities then available for use by purchasers and those which are represented to purchasers as being planned, together with a brief description of any significant facilities that are or will be available to nonpurchasers or nonmembers. As used in this paragraph "significant facilities" includes campsites, swimming pools, tennis courts, recreation buildings, rest rooms and showers, laundry rooms and trading posts or grocery stores.

27. A true statement of the membership camping operator's ownership of or other right to use the camping properties represented to be available for use by purchasers, together with the duration of any lease, license, franchise or reciprocal agreement entitling the membership camping operator to use the property, and any material provisions of any agreements which restrict a purchaser's use of the property.

28. A copy of the rules, restrictions or covenants regulating the purchaser's use of the membership camping operator's properties, including a statement of whether and how the rules, restrictions or covenants may be changed.

29. A description of any restraints on the transfer of the membership camping contract.

30. A true statement of the policies relating to the availability of camping sites and whether reservations are required.

31. A true statement of any grounds for forfeiture of a purchaser's membership camping contract.

32. Any other information, documents and certificates as the commissioner may reasonably require to clarify or ascertain the accuracy of the information required by this section.

B. The application shall be signed by the membership camping operator, an officer or general partner of the membership camping operator or by another person holding a power of attorney for this purpose from the membership camping operator. If the application is signed pursuant to a power of attorney, a copy of the power of attorney or the resolution authorizing the signature shall be included with the application.

C. The application must be submitted on a form prescribed by the commissioner with the application fee.

D. An application for registration to offer to sell or sell membership camping contracts shall be amended when a material change to the information previously filed occurs.
A.R.S. § 32-1647 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1647
32-1647 Examination of licensed nursing assistants and certified nursing assistants
Status: in_force

32-1647. Examination of licensed nursing assistants and certified nursing assistants

A. An applicant for licensure as a licensed nursing assistant or an applicant for registration as a certified nursing assistant who wishes to be placed on the registry of nursing assistants shall pass both the written and manual skills competency examinations on subjects contained in the licensed nursing assistant or certified nursing assistant training program approved by the board.

B. The board may issue a licensed nursing assistant license to a person who successfully passes both examinations and meets all other requirements as prescribed in this article.

C. If a certified nursing assistant applicant fails to pass either the written or the manual skills competency examination within two years after completing an educational program, the applicant shall complete to the board's satisfaction an approved nursing assistant training program before the applicant may take that examination again.
A.R.S. § 32-4008 — Arizona Code / Title 32 / Chapter 40 / Article 1 / Section 4008
32-4008 Fees
Status: in_force

32-4008. Fees

The supreme court shall set and collect the following fees to carry out this chapter:

1. Examination fees.

2. Certificate application fees.

3. Certificate renewal fees.

4. Temporary certificate application fees.

5. Temporary certificate renewal fees.

6. Any other fees that are necessary and appropriate to carry out this chapter.
A.R.S. § 32-1667 — Arizona Code / Title 32 / Chapter 15 / Article 3 / Section 1667
32-1667 Violations; classification
Status: in_force

32-1667. Violations; classification

A person is guilty of a class 6 felony who:

1. Sells or fraudulently obtains or furnishes any nursing diploma, certificate, license, permit or record.

2. Engages in any conduct prohibited in section 32-1666.

3. Operates a training or educational program regulated pursuant to this chapter unless the program is a currently approved program.

4. Practices nursing or advanced practice nursing under cover of any diploma, license, permit or record illegally or fraudulently obtained, signed or issued unlawfully or because of fraudulent representation.
A.R.S. § 32-2198.02 — Arizona Code / Title 32 / Chapter 20 / Article 10 / Section 2198.02
32-2198.02 Issuance of public report; representations prohibited
Status: in_force

32-2198.02. Issuance of public report; representations prohibited

A. On examination of a membership campground, the commissioner, unless there are grounds for denial, shall issue to the owner or operator a public report authorizing the sale in or from this state of membership camping contracts. The report shall contain the data obtained in accordance with section 32-2198.01 and any other information which the commission determines is necessary to implement the purposes of this article. The commissioner shall require the owner or operator to reproduce the report and furnish each purchaser with a copy, taking a receipt. The owner and licensed broker shall each retain a receipt for at least five years from the date of its taking.

B. The issuance of a public report is not deemed to be an endorsement by the commissioner of the membership camping contract, the operator or the campground. It is unlawful for a person to make or use any statement or promotional device which tends to indicate that issuance constitutes an endorsement.
A.R.S. § 32-2112 — Arizona Code / Title 32 / Chapter 20 / Article 1 / Section 2112
32-2112 Admissibility of certified copies of department records in evidence
Status: in_force

32-2112. Admissibility of certified copies of department records in evidence

Properly certified copies of records of the department or documents filed therein shall be received in evidence in all courts of the state equally and with like effect as the originals.
A.R.S. § 32-2135 — Arizona Code / Title 32 / Chapter 20 / Article 2 / Section 2135
32-2135 Real estate schools; courses of study; instructors; certification
Status: in_force

32-2135. Real estate schools; courses of study; instructors; certification

A. Except as provided in section 32-4301, before offering a course of study towards completion of the education requirement for real estate licensure or renewal of licensure, a school shall obtain from the commissioner a certificate of approval or renewal to operate a school for a period of at least four years. A school shall also obtain a certificate of course approval for each course offered for credit that is not currently approved for another school. Each school is responsible for the content of any course it offers and for the professional administration and teaching of the course. Prelicensure education live classroom courses, prelicensure education distance learning courses, continuing education live classroom courses and distance learning continuing education courses are subject to approval pursuant to this section.

B. Each approved school shall issue a certificate of real estate course attendance to each person who completes an approved prelicensure or continuing education course. An applicant for renewal of licensure as provided by section 32-2130 shall file evidence of the certificates issued by the school with the commissioner showing the number of credit hours and course of study required for renewal.

C. The commissioner may withdraw or deny certification or approval of real estate schools, educational courses or real estate instructors for any acts inconsistent with the requirements of this chapter, including:

1. Committing or failing to report a violation by an approved school or instructor of any provision of this chapter or rules adopted pursuant to this chapter.

2. Improperly certifying student attendance or performance.

3. Committing any act that is grounds for discipline under section 32-2153.

4. Teaching information or using course materials that have not been approved by the commissioner.

5. Failing to attend any continuing education course required by the commissioner.

6. Filing any false or misleading application, report or documentation with the department.

7. Teaching course content that is not current or that has substantially changed from the course as approved.

D. A real estate school, through any owner, director, administrator, instructor or other agent, shall not:

1. Offer a course of study for credit that is not approved by the department, except that the school may advertise a course as pending approval before its approval.

2. Promote or advertise the school using false or misleading statistics or testimonials or any other form of deceptive advertisement.

E. The commissioner may determine minimal content requirements for approving educational courses and appropriate professional qualifications for approving instructors to teach individual educational courses.

F. Except as provided in subsection G of this section, at least thirty days before holding a course of study for completion of the education requirements leading to licensure of real estate applicants or for license renewal requirements, an application for a certificate of course approval or renewal must be filed with the department.  For a live classroom course, the application shall include a course outline with sufficient detail to clearly identify the scope and content of the course. The outline shall state how the course is intended to protect the public. A prelicensure education course outline that is submitted for approval shall be divided into estimated fifty-minute instructional segments. Course approval shall not be unreasonably withheld and shall not be issued later than thirty days after filing with the department for a live classroom course.  A continuing education distance learning course approval shall not be issued later than ninety days after filing with the department. If the approvals under this subsection are not granted within the time frames prescribed by this subsection, the course shall be automatically approved on a provisional basis for one hundred eighty days, unless the department has otherwise notified the applicant of specific deficiencies or unfulfilled requirements for the course submission. A provisional approval may be withdrawn by the department on fifteen days' advance notice if the department's review of the course subsequently reveals course deficiencies or unfulfilled course requirements. If not withdrawn, the course approval shall remain approved for the entire course approval period.  Course approval shall be for a period of at least four years if the contents of the course remain current and substantially unchanged. The course may not be taught if the content ceases to be current or is substantially changed.  The department may establish by rule additional appropriate requirements for approval of a distance learning course.

G. At least ninety days before holding a distance learning course of study for completion of the education requirements leading to licensure of real estate applicants, an application for a certificate of distance learning course approval must be filed with the department.  A distance learning course outline that is submitted for approval shall be divided into estimated fifty-minute instructional segments.  Distance learning course approval shall not be unreasonably withheld and shall be issued not later than ninety days after filing with the department. If the approvals under this subsection are not granted within the time frames prescribed by this subsection, the distance learning course shall be automatically approved on a provisional basis for one hundred eighty days, unless the department has otherwise notified the applicant of specific deficiencies or unfulfilled requirements for the distance learning course submission.  A provisional approval may be withdrawn by the department on fifteen days' advance notice if the department's review of the distance learning course subsequently reveals course deficiencies or unfulfilled course requirements. If not withdrawn, the distance learning course approval shall remain approved for the entire distance learning course approval period. Distance learning course approval shall be for a period of at least four years if the contents of the distance learning course remain current and substantially unchanged.  The distance learning course may not be taught if the content ceases to be current or is substantially changed. Approved distance learning courses must provide for student participation, feedback and remedial instruction. The department may establish by rule additional appropriate requirements for approval of a distance learning course.

H. For a currently approved course or distance learning course:

1. Unless granted an exemption by the commissioner, the school shall submit notice to the department at least fourteen days before holding the course to allow department employees to monitor the course. The notice is not otherwise subject to review and approval by the department.

2. With the permission of the school that received original approval for the course, another school that desires to offer the course is subject only to the fourteen-day notice requirement before holding the same course. No additional review and approval by the department is required.

I. The department shall approve for continuing education credit any course of study proposed by a real estate school if the course satisfies the commissioner's requirements and is held in this state.

J. The department may approve for continuing education credit any course of study proposed by a real estate school if the course satisfies the commissioner's requirements and is held outside this state. On the commissioner's request, the school shall either:

1. Provide the department with a video recording of the course.

2. Make arrangements that are approved by the department for monitoring the course.

K. An instructor shall file with the department an application for instructor approval or renewal. Instructor approval shall be for at least four years after the date of approval and is subject to amendment during the license period only if information material to the instructor's qualifications has changed. A person holding instructor approval to teach specific subject matter is not subject to additional or duplicate approval requirements during the original approval period, except that an additional instructor competency area may be added during the license period on submission by the instructor of evidence of competency in such additional competency area.

L. In the twenty-four months before application, each instructor original or renewal applicant, other than a panelist, guest speaker, attorney or out-of-state instructor, shall attend at least a three-hour professional seminar or workshop, approved by the department, emphasizing instruction methods, techniques and skills. At the discretion of the commissioner this requirement may be waived based on individual request review.

M. The course filing time frames prescribed in this section may be waived by the department for good cause shown.

N. Unless subject to a violation or suspected violation listed in subsection C of this section, the department's approval of a school, school official, instructor or course shall be processed in a time frame consistent with the time frames set forth in this section.

O. This section does not affect the department's ability to withdraw or deny certification or approval of real estate schools, education courses or real estate instructors for a violation of this chapter.
A.R.S. § 32-1524 — Arizona Code / Title 32 / Chapter 14 / Article 2 / Section 1524
32-1524 Application; deficiencies in application; interview; withdrawal; release of information
Status: in_force

32-1524. Application; deficiencies in application; interview; withdrawal; release of information

A. Each applicant for licensure or certification shall file a verified completed application in the form and style required and supplied by the board and accompanied by the appropriate application fee prescribed in section 32-1527. The filing of an application grants the board the authority to obtain information from any licensing board or agency in any state, district, territory or county of the United States or another country, from the Arizona criminal justice information system in the department of public safety and from the federal bureau of investigation.  The fingerprints submitted shall be used to obtain a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation.

B. The application shall require the applicant to submit evidence, credentials and other proof necessary to satisfy the board that the applicant meets the requirements of a completed application.

C. The application shall contain the oath of the applicant that:

1. All information contained in the application and evidence submitted with it are true and correct.

2. The credentials submitted were not procured by fraud or misrepresentation or any mistake of which the applicant is aware.

3. The applicant is the lawful holder of the credentials.

D. All applications submitted to the board and any attendant evidence, credentials or other proof submitted with an application are the property of the board and part of the permanent record of the board and shall not be returned to a withdrawing applicant.

E. The board shall promptly inform an applicant, in writing, of the deficiencies, if any, in the application that prevent it from being considered by the board as a completed application.

F. The board may interview the applicant to determine whether the application is sufficient or whether the applicant otherwise qualifies for licensure or for a certificate.

G. Applications are considered withdrawn on the occurrence of any of the following:

1. The request of the applicant.

2. Failure of the applicant to appear for an interview with the board except for good cause.

3. Failure of the applicant to submit a completed application within one year after the date of the mailing by the board of a statement to the applicant of the deficiencies in the application under subsection E of this section.

4. Failure of the applicant to show, within one year after the interview provided for in subsection F of this section, that the completed application is true and correct.

H. Applicants for a license or for a certificate to engage in a preceptorship training program or an internship training program shall submit a fingerprint card in the manner required by the board.
A.R.S. § 32-1276.02 — Arizona Code / Title 32 / Chapter 11 / Article 3.1 / Section 1276.02
32-1276.02 Dental therapist triennial licensure; continuing education; license renewal and reinstatement; fees; civil penalties; retired and disabled license status
Status: in_force

32-1276.02. Dental therapist triennial licensure; continuing education; license renewal and reinstatement; fees; civil penalties; retired and disabled license status

A. Except as provided in section 32-4301, a license issued under this article expires thirty days after the licensee's birth month every third year.  On or before the last day of the licensee's birth month every third year, each licensed dental therapist shall submit to the board a complete renewal application and pay a license renewal fee established by a formal vote of the board.  At least once every three years, before establishing the fee, the board shall review the amount of the fee in a public meeting.  Any change in the amount of the fee shall be applied prospectively to a licensee at the time of licensure renewal.  The fee prescribed by this subsection does not apply to a retired dental therapist or to a dental therapist with a disability.

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

C. An applicant for a dental therapy license for the first time in this state shall pay a prorated fee for the period remaining until the licensee's next birthday. This fee may not exceed one-third of the fee prescribed pursuant to subsection A of this section. Subsequent applications shall be conducted pursuant to this section.

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

E. A licensee shall notify the board in writing within ten days after the licensee changes the primary mailing address listed with the board. The board shall impose a civil penalty of $50 if a licensee fails to notify the board of the change within that time. The board shall increase the civil penalty to $100 if a licensee fails to notify the board of the change within thirty days.

F. A licensee who is at least sixty-five years of age and who is fully retired and a licensee who has a permanent disability may contribute services to a recognized charitable institution and still retain that classification for triennial registration purposes by paying a reduced renewal fee as prescribed by the board by rule.

G. A licensee is not required to maintain a dental hygienist license.
A.R.S. § 32-1339 — Arizona Code / Title 32 / Chapter 12 / Article 2 / Section 1339
32-1339 Fingerprinting of applicants; background checks
Status: in_force

32-1339. Fingerprinting of applicants; background checks

An applicant for a license under this article other than a temporary license shall submit a full set of fingerprints to the department of health services for the purpose of conducting a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation.
A.R.S. § 32-1201.01 — Arizona Code / Title 32 / Chapter 11 / Article 1 / Section 1201.01
32-1201.01 Definition of unprofessional conduct
Status: in_force

32-1201.01. Definition of unprofessional conduct

For the purposes of this chapter, "unprofessional conduct" means the following acts, whether occurring in this state or elsewhere:

1. Intentionally betraying a professional confidence or intentionally violating a privileged communication except as either of these may otherwise be required by law. This paragraph does not prevent members of the board from the full and free exchange of information with the licensing and disciplinary boards of other states, territories or districts of the United States or foreign countries, with the Arizona state dental association or any of its component societies or with the dental societies of other states, counties, districts, territories or foreign countries.

2. Using controlled substances as defined in section 36-2501, narcotic drugs, dangerous drugs or marijuana as defined in section 13-3401, or hypnotic drugs, including acetylurea derivatives, barbituric acid derivatives, chloral, paraldehyde, phenylhydantoin derivatives, sulfonmethane derivatives or any compounds, mixtures or preparations that may be used for producing hypnotic effects, or alcohol to the extent that it affects the ability of the dentist, dental therapist, denturist or dental hygienist to practice that person's profession.

3. Prescribing, dispensing or using drugs for other than accepted dental therapeutic purposes or for other than medically indicated supportive therapy in conjunction with managing a patient's needs and in conjunction with the scope of practice prescribed in section 32-1202.

4. Committing gross malpractice or repeated acts constituting malpractice.

5. Acting or assuming to act as a member of the board if this is not true.

6. Procuring or attempting to procure a certificate of the national board of dental examiners or a license to practice dentistry or dental hygiene by fraud or misrepresentation or by knowingly taking advantage of the mistake of another.

7. Having professional connection with or lending one's name to an illegal practitioner of dentistry or any of the other healing arts.

8. Representing that a manifestly not correctable condition, disease, injury, ailment or infirmity can be permanently corrected, or that a correctable condition, disease, injury, ailment or infirmity can be corrected within a stated time, if this is not true.

9. Offering, undertaking or agreeing to correct, cure or treat a condition, disease, injury, ailment or infirmity by a secret means, method, device or instrumentality.

10. Refusing to divulge to the board, on reasonable notice and demand, the means, method, device or instrumentality used in treating a condition, disease, injury, ailment or infirmity.

11. Dividing a professional fee or offering, providing or receiving any consideration for patient referrals among or between dental care providers or dental care institutions or entities.  This paragraph does not prohibit the division of fees among licensees who are engaged in a bona fide employment, partnership, corporate or contractual relationship for the delivery of professional services.

12. Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of dentistry.

13. Having a license refused, revoked or suspended or any other disciplinary action taken against a dentist by, or voluntarily surrendering a license in lieu of disciplinary action to, any other state, territory, district or country, unless the board finds that this action was not taken for reasons that relate to the person's ability to safely and skillfully practice dentistry or to any act of unprofessional conduct.

14. Committing any conduct or practice that constitutes a danger to the health, welfare or safety of the patient or the public.

15. Obtaining a fee by fraud or misrepresentation, or wilfully or intentionally filing a fraudulent claim with a third party for services rendered or to be rendered to a patient.

16. Committing repeated irregularities in billing.

17. Employing unlicensed persons to perform or aiding and abetting unlicensed persons in performing work that can be done legally only by licensed persons.

18. Practicing dentistry under a false or assumed name in this state, other than as allowed by section 32-1262.

19. Wilfully or intentionally causing or allowing supervised personnel or auxiliary personnel operating under the licensee's supervision to commit illegal acts or perform an act or operation other than that allowed under article 4 of this chapter and rules adopted by the board pursuant to section 32-1282.

20. Committing the following advertising practices:

(a) Publishing or circulating, directly or indirectly, any false, fraudulent or misleading statements concerning the skill, methods or practices of the licensee or of any other person.

(b) Advertising in any manner that tends to deceive or defraud the public.

21. Failing to dispense drugs and devices in compliance with article 6 of this chapter.

22. Failing to comply with a board order, including an order of censure or probation.

23. Failing to comply with a board subpoena in a timely manner.

24. Failing or refusing to maintain adequate patient records.

25. Failing to allow properly authorized board personnel, on demand, to inspect the place of practice and examine and have access to documents, books, reports and records maintained by the licensee or certificate holder that relate to the dental practice or dental-related activity.

26. Refusing to submit to a body fluid examination as required through a monitored treatment program or pursuant to a board investigation into a licensee's or certificate holder's alleged substance abuse.

27. Failing to inform a patient of the type of material the dentist will use in the patient's dental filling and the reason why the dentist is using that particular filling.

28. Failing to report in writing to the board any evidence that a dentist, dental therapist, denturist or dental hygienist is or may be:

(a) Professionally incompetent.

(b) Engaging in unprofessional conduct.

(c) Impaired by drugs or alcohol.

(d) Mentally or physically unable to safely engage in the activities of a dentist, dental therapist, denturist or dental hygienist pursuant to this chapter.

29. Filing a false report pursuant to paragraph 28 of this section.

30. Practicing dentistry, dental therapy, dental hygiene or denturism in a business entity that is not registered with the board as required by section 32-1213.

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

32. Providing services or procedures as a dental therapist that exceed the scope of practice or exceed the services or procedures authorized in the written collaborative practice agreement.
A.R.S. § 32-806 — Arizona Code / Title 32 / Chapter 7 / Article 1 / Section 806
32-806 Podiatry fund
Status: in_force

32-806. Podiatry fund

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

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

B. All monies deposited in the podiatry fund are subject to section 35-143.01.
A.R.S. § 32-2193.01 — Arizona Code / Title 32 / Chapter 20 / Article 5 / Section 2193.01
32-2193.01 Effect of article on disciplinary action
Status: in_force

32-2193.01. Effect of article on disciplinary action

This article does not limit the authority of the commissioner to take disciplinary action against any licensee for a violation of this chapter or of the rules adopted pursuant to this chapter. The repayment in full of all obligations to the fund by any licensee does not nullify or modify the effect of any other disciplinary proceeding brought pursuant to this chapter or the rules adopted pursuant to this chapter.
A.R.S. § 32-1159.01 — Arizona Code / Title 32 / Chapter 10 / Article 3 / Section 1159.01
32-1159.01 Indemnity agreements in construction and architect-engineer dwelling contracts void; definitions
Status: in_force

32-1159.01. Indemnity agreements in construction and architect-engineer dwelling contracts void; definitions

A. Notwithstanding section 32-1159, a covenant, clause or understanding in, collateral to or affecting a construction contract or architect-engineer professional service contract involving a dwelling that purports to insure, to indemnify or to hold harmless the promisee from or against liability for loss or damage is against the public policy of this state and is void only to the extent that it purports to insure, to indemnify or to hold harmless the promisee from or against liability for loss or damage resulting from the negligence of the promisee or the promisee's indemnitees, employees, subcontractors, consultants or agents other than the promisor.

B. Notwithstanding subsection A of this section, a contractor who is responsible for the performance of a construction contract may fully indemnify a person for whose account the construction contract is not being performed and who, as an accommodation, enters into an agreement with the contractor that allows the contractor to enter on or adjacent to its property to perform the construction contract for others.

C. Any additional insured endorsement furnished pursuant to an agreement or collateral to a construction contract involving a dwelling does not obligate the insurer to indemnify the additional insured for the percentage of fault that is allocated to the additional insured. This subsection does not limit an insurer's duty to defend an additional insured pursuant to the terms and conditions of an additional insured endorsement.

D. A covenant, clause or understanding in, collateral to or affecting a construction contract or architect-engineer professional service contract that requires the promisor to defend the promisee is limited to defending claims arising out of or related to the promisor's work or operations.

E. This section applies to all construction contracts and architect-engineer professional service contracts involving a dwelling entered into between private parties.

F. This section does not apply to:

1. An agreement to which this state or a political subdivision of this state is a party, including an intergovernmental agreement and an agreement governed by sections 34-226 and 41-2586.

2. Agreements entered into by agricultural improvement districts under title 48, chapter 17.

3. An agreement for indemnification of a surety on a payment or performance bond by its principal or indemnitors.

4. An agreement between an insurer under an insurance policy or contract and its named insureds.

5. An agreement between an insurer under an insurance policy or contract and its additional insureds, except that this type of agreement is subject to the limitations of subsections A, B and C of this section.

6. An agreement between an insurer and its insureds under a single insurance policy or contract for a defined project or workplace, except that such agreement may not require or allow one or more insureds under the agreement to indemnify, to hold harmless or to defend any other insured under the agreement beyond the limitations of subsections A, B and C of this section.

7. A public service corporation's rules, regulations or tariffs that are approved by the corporation commission.

G. For the purposes of this section:

1. "Architect-engineer professional service contract" means a written or oral agreement relating to the survey, design, design-build, construction administration, study, evaluation or other professional services furnished in connection with any actual or proposed construction, alteration, repair, maintenance, moving, demolition or excavation of any structure, street or roadway, appurtenance or other development or improvement to land.

2. "Construction contract" means a written or oral agreement relating to the actual or proposed construction, alteration, repair, maintenance, moving, demolition or excavation of any structure, street or roadway, appurtenance or other development or improvement to land.

3. "Dwelling" has the same meaning prescribed in section 12-1361.
A.R.S. § 32-110 — Arizona Code / Title 32 / Chapter 1 / Article 1 / Section 110
32-110 Immunity from personal liability
Status: in_force

32-110. Immunity from personal liability

Members, agents and employees of the board, members of advisory committees and statutorily established committees of the board and registrants volunteering professional services to emergency services personnel at the scene of a disaster as part of an authorized board program are immune from personal liability with respect to acts done and actions taken in good faith within the scope of their authority.
A.R.S. § 32-1186 — Arizona Code / Title 32 / Chapter 10 / Article 5 / Section 1186
32-1186 Construction contracts; void provisions
Status: in_force

32-1186. Construction contracts; void provisions

A. The following are against this state's public policy and are void and unenforceable:

1. A provision, covenant, clause or understanding in, collateral to or affecting a construction contract that makes the contract subject to the laws of another state or that requires any litigation arising from the contract to be conducted in another state.

2. A provision, covenant, clause or understanding in, collateral to or affecting a construction contract stating that a party to the contract cannot suspend performance under the contract or terminate the contract if another party to the contract fails to make prompt payments under the contract pursuant to section 32-1181, 32-1182 or  32-1183.

B. Any mediation, arbitration or other dispute resolution proceeding arising from a construction contract for work performed in this state shall be conducted in this state.
A.R.S. § 32-1983 — Arizona Code / Title 32 / Chapter 18 / Article 3.1 / Section 1983
32-1983 Restrictions on transactions
Status: in_force

32-1983. Restrictions on transactions

A. A full service wholesale permittee may accept prescription-only drug returns or exchanges from a pharmacy or chain pharmacy warehouse pursuant to the terms of an agreement between the full service wholesale permittee and the pharmacy or chain pharmacy warehouse.  The full service wholesale permittee shall not accept as returns or exchanges from the pharmacy or chain pharmacy warehouse:

1. Adulterated or counterfeited prescription-only drugs.

2. An amount or quantity of a prescription-only drug that exceeds the amount or quantity that the full service wholesale permittee or another full service wholesale permittee under common ownership sold to the pharmacy or chain pharmacy warehouse.

B. A full service wholesale permittee may furnish prescription-only drugs only to a pharmacy or medical practitioner.  The full service wholesale permittee must first verify that person holds a valid license or permit.

C. The full service wholesale permittee must deliver prescription-only drugs only to the premises listed on the license or permit.  A full service wholesale permittee may furnish prescription-only drugs to an authorized person or agent of that premises if:

1. The full service wholesale permittee properly establishes the person's identity and authority.

2. Delivery to an authorized person or agent is used only to meet the immediate needs of a particular patient of the authorized person.

D. A full service wholesale permittee may furnish prescription-only drugs to a pharmacy receiving area if a pharmacist or authorized receiving personnel sign, at the time of delivery, a receipt showing the type and quantity of the prescription-only drug received.  Any discrepancy between receipt and the type and quantity of the prescription-only drug actually received must be reported to the full service wholesale permittee by the next business day after the delivery to the pharmacy receiving area.

E. A full service wholesale permittee shall not accept payment for or allow the use of a person or entity's credit to establish an account for the purchase of prescription-only drugs from any person other than the owner of record, the chief executive officer or the chief financial officer listed on the license or permit of a person or entity legally authorized to receive prescription-only drugs. Any account established for the purchase of prescription-only drugs must bear the name of the licensee or permittee.
A.R.S. § 32-1364 — Arizona Code / Title 32 / Chapter 12 / Article 3 / Section 1364
32-1364 Crimes against the dead; classification
Status: in_force

32-1364. Crimes against the dead; classification

A. It is unlawful for a person, without the authority of law or as normally required to store, prepare, disinfect or embalm a dead human body according to standards of practice in the funeral industry, to mutilate a dead human body.

B. It is unlawful for a person, without the authority of law, to disinter or remove a dead human body or any part of a dead human body from its sepulcher, grave or other interment site, or from the place where the body is awaiting disposition, with malice or wantonness or with the intent to sell or dissect the body.

C. It is unlawful for a person, without the authority of law, to obtain or convert property that is located with or affixed to a dead human body or any part of a dead human body with the intent to deprive the decedent or the decedent's estate of the property.

D. It is unlawful for a person to engage in necrophilia. A person engages in necrophilia by:

1. Having sexual intercourse with a dead human body.

2. Having sexual contact with a dead human body, other than the contact normally required to store, prepare, disinfect or embalm a dead human body according to standards of practice in the funeral industry.

E. For the purposes of subsection D:

1. "Sexual contact" means any direct or indirect touching, including oral contact, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object.

2. "Sexual intercourse" means penetration into the vulva or anus by any part of the body or by any object or masturbatory contact with the penis or vulva.

F. A person who violates this section is guilty of a class 4 felony.
A.R.S. § 32-1705 — Arizona Code / Title 32 / Chapter 16 / Article 1 / Section 1705
32-1705 Board of optometry fund
Status: in_force

32-1705. Board of optometry fund

(L24, Ch. 222, sec. 23.  Eff. until 7/1/28)

A. The board of optometry fund is established.

B. Pursuant to sections 35-146 and 35-147, the board shall deposit fifteen percent of all monies from whatever source which come into the possession of the board in the state general fund and deposit the remaining eighty-five percent in the board of optometry fund.

C. Monies deposited in the board of optometry fund are subject to section 35-143.01.
A.R.S. § 32-2246 — Arizona Code / Title 32 / Chapter 21 / Article 4 / Section 2246
32-2246 Duration of certificate
Status: in_force

32-2246. Duration of certificate

A certificate issued pursuant to this article shall expire on December 31 of every even-numbered year unless suspended or revoked. On payment of the renewal fee, a certificate is renewed for a period of two years.
A.R.S. § 32-109; Version 2 — Arizona Code / Title 32 / Chapter 1 / Article 1 / Section 109; Version 2
32-109; Version 2 Technical registration fund
Status: in_force

32-109. Technical registration fund

(L24, Ch. 222, sec. 2.  Eff. 7/1/28)

A. Pursuant to sections 35-146 and 35-147, the executive director shall deposit ten percent of all fees or other revenues received by the board in the state general fund to assist in defraying the cost of maintaining the state government and shall deposit the remaining ninety percent in the technical registration fund to be used only in defraying expenses of the board and in prosecuting violations of this chapter.

B. Monies deposited in the technical registration fund pursuant to subsection A of this section are subject to section 35-143.01.
A.R.S. § 32-2940 — Arizona Code / Title 32 / Chapter 29 / Article 3 / Section 2940
32-2940 Injunctive relief
Status: in_force

32-2940. Injunctive relief

A. In addition to all other available remedies, if the board has any reason to believe that a person has violated this chapter or a board rule, the board through the attorney general or the county attorney may apply to the superior court in Maricopa county for an injunction restraining that person from engaging in the violation. It is not necessary for the board to show damage or injury. It is sufficient for the board to charge that the respondent on a certain day in a named county committed the violation.

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

C. The board may serve the defendant in any county of this state where the defendant is found.
A.R.S. § 32-3552 — Arizona Code / Title 32 / Chapter 35 / Article 3 / Section 3552
32-3552 Grounds for denial of licenses or disciplinary action; judicial review
Status: in_force

32-3552. Grounds for denial of licenses or disciplinary action; judicial review

A. The board may deny an application for a license or take disciplinary action pursuant to section 32-3553 if the applicant or licensee:

1. Makes a material misrepresentation on an application or procures a license by fraud.

2. Negligently or knowingly employs an unlicensed person who represents himself as a licensed respiratory care practitioner.

3. Commits an act of unprofessional conduct.

4. Is convicted of a felony if the conviction has not been set aside by the court.  Conviction by a court of competent jurisdiction is presumptive evidence that the person committed the felony.

B. Except as provided in section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 32-4105; Version 2 — Arizona Code / Title 32 / Chapter 41 / Article 1 / Section 4105; Version 2
32-4105; Version 2 Athletic training fund
Status: in_force

32-4105. Athletic training fund

(L24, Ch. 222, sec. 50.  Eff. 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 ten percent of all monies from whatever source that come into the possession of the board in the state general fund and deposit the remaining ninety percent in the athletic training fund.

B. Monies deposited in the athletic training fund are subject to section 35-143.01.
A.R.S. § 32-1324 — Arizona Code / Title 32 / Chapter 12 / Article 2 / Section 1324
32-1324 Multiple funeral director license; display; nontransferrability
Status: in_force

32-1324. Multiple funeral director license; display; nontransferrability

A. An applicant for a license as a funeral director who is proposing to manage and supervise the operations of more than one funeral establishment shall apply on a form prescribed by the department. The application shall be accompanied by the prescribed fee for the additional funeral establishment.

B. The department shall review the application for a multiple funeral director license, and, if it is reasonable to believe that the funeral establishments can be adequately supervised and managed by the applicant, the department shall issue the license.

C. A funeral director who holds a multiple funeral director license shall display the license at the funeral establishment to which the license is issued. A multiple funeral director license is not transferable without prior approval of the department.
A.R.S. § 32-3603 — Arizona Code / Title 32 / Chapter 36 / Article 1 / Section 3603
32-3603 Registration, license or certificate use; exception
Status: in_force

32-3603. Registration, license or certificate use; exception

A. All real estate appraisals and appraisal reviews performed on real property in this state shall be performed only by individuals who are registered, licensed or certified in accordance with the requirements of this chapter. No person, other than a registered trainee appraiser or a state-licensed or state-certified appraiser, may assume or use that title or any title, designation or abbreviation likely to create the impression of registration as a trainee appraiser or licensure or certification as an appraiser by this state.

B. No person other than a state-licensed or state-certified appraiser may receive a fee for a real estate appraisal or an appraisal review of real property in this state. This subsection does not prohibit a supervisory appraiser from remitting compensation to a registered trainee appraiser during the course of training.
A.R.S. § 32-1383 — Arizona Code / Title 32 / Chapter 12 / Article 4 / Section 1383
32-1383 Application; qualifications for funeral establishment licensure
Status: in_force

32-1383. Application; qualifications for funeral establishment licensure

A. An applicant for a funeral establishment license shall submit a completed application on a form prescribed by the department. The application shall be subscribed under oath and shall be accompanied by the applicable fee pursuant to section 32-1309 and any additional information that the department deems necessary. A business entity that applies for a license pursuant to this article shall submit to the department with its application for licensure a copy of its partnership agreement, its articles of incorporation or any other organizational documents required to be filed with the corporation commission.

B. A person who applies for a license pursuant to this article, or if the applicant is a business entity, the proprietors, partners, officers and directors of the entity, shall submit a completed fingerprint card, criminal history background information and a fingerprint background check fee to the department.

C. The department shall inspect the premises of a funeral establishment and investigate the qualifications of all applicants for licensure.

D. If the department finds that the applicant meets the criteria for licensure under this article and rules adopted by the department, the department shall issue a funeral establishment license.
A.R.S. § 32-1609 — Arizona Code / Title 32 / Chapter 15 / Article 1 / Section 1609
32-1609 Register of licenses and registrations; change of address
Status: in_force

32-1609. Register of licenses and registrations; change of address

A. The executive director shall keep a register of licenses and registrations for each person who holds an Arizona nursing license or who is a licensed nursing assistant or a certified nursing assistant that includes the following:

1. Each person's current address.

2. Licenses, certificates and registrations granted or revoked.

B. The register shall be open during office hours to public inspection.

C. Each regulated person shall notify the board in writing within thirty days after each change in the person's address.
A.R.S. § 32-3051 — Arizona Code / Title 32 / Chapter 30 / Article 3 / Section 3051
32-3051 Grounds for disciplinary action
Status: in_force

32-3051. Grounds for disciplinary action

The board may take disciplinary action against any person licensed pursuant to this chapter for any one or a combination of the following reasons:

1. Violation of this chapter or rules adopted pursuant to this chapter.

2. Conviction of a felony or any crime related to the operation of an educational institution.

3. Engaging in fraudulent advertising.

4. Failure to reapply as prescribed by the board for a license issued under this chapter if the licensee is continuing in business.

5. Engaging in false or misleading advertising, solicitation or recruitment practices.

6. Unprofessional or dishonorable conduct by the licensee or any employee, administrator, owner, member, officer, director or agent of the licensee, whether occurring in this state or elsewhere, including:

(a) Engaging in sexual conduct with a student who is not the person's spouse at the time of the conduct.  For the purposes of this subdivision, "sexual conduct" means either of the following:

(i) Engaging in or soliciting a sexual relationship, whether consensual or nonconsensual.

(ii) Making sexual advances, requesting sexual favors or engaging in any other verbal or physical contact of a sexual nature.

(b) Verbally abusing a student or employee.

(c) Threatening or intimidating by word or conduct causing physical injury to a student.

(d) Intentionally, knowingly or recklessly causing any physical injury to a student.

(e) Knowingly touching a student with the intent to injure, insult or provoke the student.

7. Failure to comply with all state and federal laws relating to the operation of a private postsecondary educational institution.

8. Failure to comply with applicable standards of accreditation as determined by the board.

9. Failure to be financially responsible as determined by the board.

10. Failure to have adequate management capability as determined by the board.

11. Failure to provide the approved program as determined by the board.

12. Failure to provide faculty who meet the minimum qualifications as determined by the board.

13. Failure to provide the facility, equipment and other resources to operate the program.

14. Failure to follow published administrative policies, procedures and fees of the educational institution.

15. Failure to offer published student services.

16. Failure to maintain records as prescribed by rule.

17. Failure to provide a safe learning environment.

18. Failure to comply with a board order, consent agreement, stipulation, subpoena or investigative request.
A.R.S. § 32-2091.06 — Arizona Code / Title 32 / Chapter 19.1 / Article 4 / Section 2091.06
32-2091.06 Temporary licenses; inactive status; reinstatement to active status
Status: in_force

32-2091.06. Temporary licenses; inactive status; reinstatement to active status

A. If the board requires an additional examination, it may issue a temporary license to a behavior analyst who is licensed or certified under the laws of another jurisdiction if the behavior analyst applies to the board for licensure and meets the educational, experience and first examination requirements of this article.

B. A temporary license issued pursuant to this section is effective from the date the application is approved until the last day of the month in which the applicant receives the results of the additional examination.

C. The board shall not extend, renew or reissue a temporary license or allow it to continue in effect beyond the period authorized by this section.

D. The board's denial of an application for licensure terminates a temporary license.

E. The board may place on inactive status and waive the license renewal fee requirements for a person who is temporarily or permanently unable to practice as a behavior analyst due to physical or mental incapacity or disability. An initial request for the waiver of renewal fees shall be accompanied by the renewal fee for an active license, which the board shall return if the waiver is granted. The board shall judge each request for the waiver of renewal fees on its own merits and may seek the verification it deems necessary to substantiate the facts of the situation. A behavior analyst who is retired is exempt from paying the renewal fee. A behavior analyst may request voluntary inactive status by submitting to the board an application on a form prescribed by the board and an affirmation that the behavior analyst will not practice as a behavior analyst in this state for the duration of the voluntary inactive status and by paying the required fee as prescribed by the board by rule.

F. A behavior analyst who is on any form of inactive status shall renew the inactive status every two years by submitting a renewal form provided by the board and paying any applicable fee as prescribed by the board by rule. A notice to renew is fully effective by mailing the renewal application to the licensee's last known address of record in the board's file.  Notice is complete at the time of its deposit in the mail.  A behavior analyst who is on inactive status due to physical or mental incapacity or disability or retirement shall use the term "inactive" to describe the person's status and shall not practice as a behavior analyst.

G. A behavior analyst on inactive status may request reinstatement of the license to active status by applying to the board. The board shall determine whether the person has been or is in violation of any provisions of this article and whether the person has maintained and updated the person's professional knowledge and capability to practice as a behavior analyst.  The board may require the person to take or retake the licensure examinations and may require other knowledge or skill training experiences. If approved for active status, the person shall pay a renewal fee that equals the renewal fee for the license to be reinstated.

H. Beginning January 1, 2022, an applicant for a temporary license pursuant to this section shall have applied for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.
A.R.S. § 32-2198.05 — Arizona Code / Title 32 / Chapter 20 / Article 10 / Section 2198.05
32-2198.05 Contracts; cancellation
Status: in_force

32-2198.05. Contracts; cancellation

A membership camping contract may be cancelled by a resident purchaser for any reason at any time before midnight of the third business day after the purchaser has signed and received a copy of the contract. A membership camping contract may be cancelled by a nonresident purchaser for any reason at any time before midnight of the seventh calendar day after the purchaser has signed and received a copy of the contract. To cancel a contract the purchaser may notify the campground operator of the cancellation in writing, by certified mail return receipt requested, or personal delivery, to an address in this state as specified in the contract. Proof of timely cancellation is satisfied if the certified letter is postmarked on or before midnight of the seventh day. All monies paid pursuant to the cancelled contract shall be fully refunded within thirty days of receipt of the notice of cancellation. If the purchaser executed any credit or loan agreement through the campground operator to pay all or part of the camping services, the debt and security instruments shall also be returned within thirty days. The contract shall contain a conspicuous notice printed in at least ten point bold-faced type as follows:

Notice to purchaser

You are entitled to a copy of this contract at the time you sign it.

You may cancel this contract at any time, if a resident of this state, before midnight of the third business day or if a nonresident of this state before midnight of the seventh calendar day after receiving a signed copy of this contract. If you choose to cancel this contract, you must either:

1. Send a signed and dated written notice of cancellation by certified mail, return receipt requested.

2. Personally deliver a signed and dated written notice of cancellation to:

____________________(Name of Campground)

____________________(Address of Campground)

If you cancel this contract within the time periods set forth above, you are entitled to a full refund of your money. If the last day for giving notice falls on a Sunday or holiday, notice is timely given if it is mailed or delivered as specified on the next business day. Refunds must be made within thirty days of receipt of the cancellation notice by the campground operator.
A.R.S. § 32-3928 — Arizona Code / Title 32 / Chapter 39 / Article 2 / Section 3928
32-3928 Treating animals; certification; requirements; definition
Status: in_force

32-3928. Treating animals; certification; requirements; definition

A. An acupuncturist may apply for certification by the board to treat animals if the acupuncturist is nationally certified by the American board of animal acupuncture or the national certification commission for acupuncture and oriental medicine to treat animals. The board may prescribe the procedure for applying for certification and the certification fee.  An acupuncturist who receives certification to treat animals may apply all appropriate modalities prescribed in this chapter and the rules adopted pursuant to this chapter in treating animals.

B. An acupuncturist who is certified by the board to treat animals may treat an animal pursuant to section 32-2231.

C. The board shall adjudicate complaints arising from acupuncture treatment on animals and shall consult a licensed veterinarian as a subject matter expert on animal health.

D. For the purposes of this section, "licensed veterinarian" has the same meaning prescribed in section 32-2201.
A.R.S. § 32-921 — Arizona Code / Title 32 / Chapter 8 / Article 2 / Section 921
32-921 Application for license; qualifications of applicant; fee; background investigations
Status: in_force

32-921. Application for license; qualifications of applicant; fee; background investigations

A. A person who wishes to practice chiropractic in this state shall submit a complete application to the board at least forty-five days before the next scheduled examinations on a form and in the manner prescribed by the board.

B. To be eligible for an examination and licensure, the applicant shall:

1. Be a graduate of a chiropractic college that both:

(a) Is accredited by or has status with the council on chiropractic education or is accredited by an accrediting agency recognized by the United States department of education or the council on postsecondary accreditation.

(b) Teaches a resident course of four years of not less than nine months each year, or the equivalent of thirty-six months of continuous study, and that comprises not less than four thousand credit hours of resident study required to receive a degree of doctor of chiropractic (D.C.).

2. Be physically and mentally able to practice chiropractic skillfully and safely.

3. Have a certificate of attainment for part I and part II and a score of three hundred seventy-five or more on part III or IV of the examination conducted by the national board of chiropractic examiners.

C. The board may refuse to give an examination or may deny licensure to an applicant who:

1. Fails to qualify for an examination or licensure under subsection B of this section.

2. Has had a license to practice chiropractic refused, revoked, suspended or restricted by a regulatory board in this or any other jurisdiction for any act that constitutes unprofessional conduct pursuant to this chapter.

3. Is currently under investigation by a regulatory board in this or any other jurisdiction for an act that constitutes unprofessional conduct pursuant to this chapter.

4. Has surrendered a license to practice chiropractic in lieu of disciplinary action by a regulatory board in this or any other jurisdiction for an act that constitutes unprofessional conduct pursuant to this chapter.

5. Has engaged in any conduct that constitutes grounds for disciplinary action pursuant to section 32-924 or board rules.

D. On applying, the applicant shall pay to the executive director of the board a nonrefundable fee of not more than $325 as established by the board. The board shall keep a register of all applicants and the result of each examination.

E. In order to determine an applicant's eligibility for examination and licensure, the board may require the applicant to submit a full set of fingerprints to the board.  The board shall submit the fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.  The department of public safety may exchange this fingerprint data with the federal bureau of investigation.  The board shall charge each applicant a fee that is necessary to cover the cost of the investigation. The board shall forward this fee to the department of public safety.
A.R.S. § 32-2002 — Arizona Code / Title 32 / Chapter 19 / Article 1 / Section 2002
32-2002 Board of physical therapy; membership; appointment; qualifications; terms; removal; reimbursement; immunity
Status: in_force

32-2002. Board of physical therapy; membership; appointment; qualifications; terms; removal; reimbursement; immunity

A. The board of physical therapy is established consisting of members appointed by the governor pursuant to section 38-211. Four members shall be physical therapists who are residents of this state, possess an unrestricted license to practice physical therapy in this state and have been practicing in this state for at least five years before their appointment. One member shall be a physical therapist assistant who is a resident of this state, possesses an unrestricted license issued pursuant to this chapter and has been performing selected interventions in this state for at least five years before the person's appointment.  The governor shall also appoint two public members who are residents of this state and who are not affiliated with, and do not have a financial interest in, any health care profession but who have an interest in consumer rights.

B. Board members serve staggered four-year terms. Board members shall not serve for more than two successive four-year terms or for more than ten consecutive years. By approval of a majority of the board, a member's service may extend at the completion of a four-year term until a new member is appointed or the current member is reappointed.

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

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

E. A board member who acts within the scope of board duties, without malice and in the reasonable belief that the person's action is warranted by law is immune from civil liability.
A.R.S. § 32-1391.18 — Arizona Code / Title 32 / Chapter 12 / Article 5 / Section 1391.18
32-1391.18 Violation; classification; penalties and remedies
Status: in_force

32-1391.18. Violation; classification; penalties and remedies

A. Except as otherwise provided by law, a person who recklessly violates this article is guilty of a class 1 misdemeanor.

B. A person who violates this article is civilly liable to any person injured as a result of the violation in an amount equal to three times the injured person's damages. A court shall award the prevailing plaintiff legal costs, including reasonable attorney fees, as determined by the court. This remedy is in addition to any other remedies provided by law.
A.R.S. § 32-1310 — Arizona Code / Title 32 / Chapter 12 / Article 1 / Section 1310
32-1310 Availability of information and records; complaints; release to public
Status: in_force

32-1310. Availability of information and records; complaints; release to public

A. All examination materials, records of examination grading and performance, and transcripts of educational institutions concerning applicants and licensees are confidential and are not public records.

B. Information received and records kept by the department for the purposes of administering this chapter are available to the public, except for sources of information that cause the department to believe that an inspection of a licensee or facility is needed to determine the extent of compliance with this chapter and rules adopted pursuant to this chapter.

C. After receiving a complaint, the department shall inform the licensee of the general nature of the complaint.

D. The department may release the general nature of a complaint to the public.
A.R.S. § 32-1404 — Arizona Code / Title 32 / Chapter 13 / Article 1 / Section 1404
32-1404 Meetings; quorum; committees; rules; posting
Status: in_force

32-1404. Meetings; quorum; committees; rules; posting

A. The board shall hold regular quarterly meetings on a date and at the time and place designated by the chairman. The board shall hold special meetings, including meetings using communications equipment that allows all members participating in the meeting to hear each other, as the chairman determines are necessary to carry out the functions of the board. The board shall hold special meetings on any day that the chairman determines are necessary to carry out the functions of the board. The vice-chairman may call meetings and special meetings if the chairman is not available.

B. The presence of seven board members at a meeting constitutes a quorum. A majority vote of the quorum is necessary for the board to take any action.

C. The chairman may establish committees from the membership of the board and define committee duties necessary to carry out the functions of the board.

D. The board may adopt rules pursuant to title 41, chapter 6 that are necessary and proper to carry out the purposes of this chapter.

E. Meetings held pursuant to subsection A of this section shall be audio and video recorded.  Beginning September 2, 2014, the board shall post the video recording on the board's website within five business days after the meeting.
A.R.S. § 32-109 — Arizona Code / Title 32 / Chapter 1 / Article 1 / Section 109
32-109 Technical registration fund
Status: in_force

32-109. Technical registration fund

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

A. Pursuant to sections 35-146 and 35-147, the executive director shall deposit fifteen percent of all fees or other revenues received by the board in the state general fund to assist in defraying the cost of maintaining the state government and shall deposit the remaining eighty-five percent in the technical registration fund to be used only in defraying expenses of the board and in prosecuting violations of this chapter.

B. Monies deposited in the technical registration fund pursuant to subsection A of this section are subject to section 35-143.01.
A.R.S. § 32-2197 — Arizona Code / Title 32 / Chapter 20 / Article 9 / Section 2197
32-2197 Definitions
Status: in_force

32-2197. Definitions

In this article, unless the context otherwise requires:

1. "Accommodation" means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room, or other private or commercial structure containing toilet facilities that is designed and available for use and occupancy as a residence by one or more individuals and that is included in the offering of a timeshare plan.

2. "Advertisement" means any written, oral or electronic communication that is directed to or targeted to persons in this state and that contains a promotion, inducement, premium or offer to sell a timeshare plan, including brochures, pamphlets, radio and television scripts, electronic media, telephone and direct mail solicitations and other means of promotions.

3. "Assessment" means the share of funds required for the payment of common expenses that the managing entity assesses periodically against each purchaser.

4. "Association" means any organized body consisting of the purchasers of interests in a timeshare plan.

5. "Component site" means a specific geographic location where accommodations that are part of a multisite timeshare plan are located.  Separate phases of a single timeshare property in a specific geographic location and under common management are a single component site.

6. "Developer" means either of the following:

(a) Any person, corporation, partnership, limited liability company, trust or other entity, other than a sales agent, that creates a timeshare plan or is in the business of selling timeshare interests or employs sales agents to sell timeshare interests.

(b) Any person or entity that succeeds to the interest of the developer by sale, lease, assignment, mortgage or other transfer if the person offers at least twelve timeshare interests in a particular timeshare plan and the person is in the business of selling timeshare interests or employs sales agents to sell timeshare interests.

7. "Dispose" or "disposition" means a voluntary transfer or assignment of any legal or equitable interest in a timeshare plan other than the creation, transfer, assignment or release of a security interest.

8. "Exchange company" means any person owning or operating or both owning and operating an exchange program.

9. "Exchange program" means any method, arrangement or procedure for the voluntary exchange of timeshare interests or other property interests. Exchange program does not include an assignment of the right to use and occupy accommodations and facilities to purchasers or owners of timeshare interests within a single site timeshare plan.

10. "Managing entity" means the association or other person that undertakes the duties, responsibilities and obligations of the management of a timeshare plan.

11. "Multisite timeshare plan" includes a specific timeshare interest or a nonspecific timeshare interest.

12. "Nonspecific timeshare interest" means the right to use accommodations at more than one component site created by or acquired through the timeshare plan's reservation system, but not including a specific right to use any particular accommodations.

13. "Offer" or "offering" means any marketing, promotion, solicitation or advertising of any kind that is intended to interest prospective customers in the sale, lease or use of a timeshare interest in a timeshare plan, other than as security for an obligation, whether now or in the future.  Offer or offering does not include a general promotion of a resort not intended to market timeshare interests.

14. "Person" means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, federal or state government, political subdivision or other legal entity or any combination of these entities.

15. "Premium" means anything of value offered, promised or given to a prospective customer as an incentive to attend a presentation for the sale, lease or use of a timeshare interest or to tour or visit a timeshare property.

16. "Promotion" means a plan or device, including one involving the possibility of a prospective purchaser receiving a vacation, discount vacation, gift or prize, used by a developer or the developer's employee, or on the developer's behalf by an agent or the agent's employee, an independent contractor or the independent contractor's employee in connection with the offering and sale of timeshare interests in a timeshare plan.

17. "Purchaser" means any person, other than a developer, who, by means of a voluntary transfer, acquires a legal or equitable interest in a timeshare plan other than a security for an obligation.

18. "Purchase agreement" means a document that legally obligates a person to sell or buy a timeshare interest.

19. "Redemption certificate" means a premium that grants a right to or the promise of the future delivery of goods or services and that is conditioned on the holder's compliance with stated requirements, limitations or conditions. Redemption certificate does not include a prepaid premium or discount certificate, other than a travel related premium, that is redeemable for goods or services at a business located in this state, including a restaurant or retail store.

20. "Reservation system" means the method, arrangement or procedure in which a purchaser, in order to reserve the use or occupancy of any accommodation of a multisite timeshare plan for one or more timeshare periods, is required to compete with other purchasers in the same multisite timeshare plan, regardless of whether the reservation system is operated and maintained by the multisite timeshare plan managing entity, an exchange company or any other person.  If a purchaser is required to use an exchange program as the purchaser's principal means of obtaining the right to use and occupy accommodations, that arrangement is a reservation system. Reservation system does not include the use by an exchange company of a mechanism for the exchange of use of timeshare periods among members of an exchange program.

21. "Sales agent" means a person who, directly or through the person's employees, agents or independent contractors, sells or offers to sell one or more timeshare interests in a timeshare plan to any individual in this state.

22. "Single site timeshare plan" means the right to use accommodations at a single timeshare property.

23. "Specific timeshare interest" means the right to use accommodations at a specific timeshare property, together with use rights in accommodations at one or more other component sites created by or acquired through the timeshare plan's reservation system.

24. "Timeshare estate" means the right of occupancy in a timeshare property that is coupled with an estate in real property.

25. "Timeshare instrument" means one or more documents creating or governing the operation of a timeshare plan.

26. "Timeshare interest" includes either a timeshare estate or a timeshare use.

27. "Timeshare period" means the period of time when the purchaser of a timeshare plan is afforded the opportunity to use the accommodations of a timeshare plan.

28. "Timeshare plan" means any arrangement, plan or similar device, other than an exchange program, whether by membership agreement, sale, lease, deed, license or right-to-use agreement or by any other means, in which a purchaser, in exchange for consideration, receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, but not necessarily for consecutive years.  A timeshare plan may be a single site timeshare plan or a multisite timeshare plan.

29. "Timeshare property" means one or more accommodations subject to the same timeshare instrument, together with any other property or rights to property appurtenant to those accommodations.

30. "Timeshare use" is the right to occupy a timeshare property that is not coupled with an estate in real property.
A.R.S. § 32-506 — Arizona Code / Title 32 / Chapter 5 / Article 1 / Section 506
32-506 Nonapplicability of chapter
Status: in_force

32-506. Nonapplicability of chapter

This chapter does not apply to the following persons while in the proper discharge of their professional duties:

1. Medical practitioners who are licensed pursuant to this title if the practices treat physical or mental ailments or disease.

2. Commissioned physicians and surgeons who are serving in the armed forces of the United States or other federal agencies.

3. Persons who are licensed pursuant to chapter 12 of this title.

4. Students who are attending schools licensed by the board while they are on school premises during school hours or off campus at a school-sponsored event.

5. Persons employed by theatrical groups who apply makeup, oils and cosmetics.

6. Persons who sell makeup, oils and cosmetics and who apply such products during the process of selling such products.

7. Shampoo assistants who shampoo hair under the direction of a barber, cosmetologist or hairstylist licensed pursuant to this chapter.

8. Services performed by and for persons who are in the custody of the state department of corrections.

9. Persons who apply makeup, oils and cosmetics to patients in a hospital, nursing home or residential care institution with the consent of the patient and the hospital, nursing home or residential care institution.

10. Persons who provide a service that results in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking or braiding if the service does not include the application of dyes, reactive chemicals or other preparations to alter the color of the hair or to straighten, curl or alter the structure of the hair.

11. Persons who provide threading.

12. Persons who provide tanning services by means of airbrushing, tanning beds or spray tanning.

13. Persons who apply makeup, including eyelash enhancements. This paragraph does not apply if a person is engaging in the practice of aesthetics or cosmetology. A person who is exempt pursuant to this paragraph shall post a sign in a conspicuous location in the person's place of business notifying the public that the person's services are not regulated by the board.

14. Persons who dry, style, arrange, dress, curl, hot iron or shampoo and condition hair if the service does not include applying reactive chemicals to permanently straighten, curl or alter the structure of the hair and if the person takes and completes a class relating to sanitation, infection protection and law review that is provided by the board or its designee. This paragraph does not apply if a person is engaging in the practice of aesthetics or cosmetology.  A person who is exempt pursuant to this paragraph shall post a sign in a conspicuous location in the person's place of business notifying the public that the person's services are not regulated by the board.

15. Persons who are participating in a department of economic security-approved apprenticeship program as described in section 32-510, 32-511, 32-512, 32-512.01 or 32-512.02 while working with a mentor in an establishment that is licensed by the board.

16. Persons who are licensed in another state and who are working in this state at a charitable event that benefits a nonprofit organization.

17. Persons who are licensed in another state, who are in this state for not more than two weeks and who provide services for persons who are attending an athletic, charitable, artistic or social event in this state.

18. Persons who are enrolled in a school that is licensed by the board and who shampoo, rinse and apply cream rinse, conditioners and reconstructors to hair, including hair that has been treated with color or bleach.

19. Persons who perform services without compensation in either:

(a) An emergency.

(b) A domestic administration.

20. Persons who perform barbering, cosmetology, hairstyling or nail technology services in a funeral establishment as defined in section 32-1301.
A.R.S. § 32-3230 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3230
32-3230 Prohibition of irreversible gender reassignment surgery for minors; definitions
Status: in_force

32-3230. Prohibition of irreversible gender reassignment surgery for minors; definitions

A. A physician may not provide irreversible gender reassignment surgery to any individual who is under eighteen years of age.

B. A physician may provide any of the following to an individual who is under eighteen years of age:

1. Services to an individual born with a medically verifiable disorder of sex development, including an individual with external biological sex characteristics that are irresolvably ambiguous, such as being born with forty-six XX chromosomes with virilization or forty-six XY chromosomes with undervirilization or having both ovarian and testicular tissue.

2. Services provided when a physician has otherwise diagnosed a disorder of sexual development and has determined through genetic or biochemical testing that the individual does not have normal sex chromosome structure, sex steroid hormone production or sex steroid hormone action.

3. The treatment of any infection, injury, disease or disorder that has been caused by or exacerbated by the performance of gender transition procedures, whether or not the gender transition procedure was performed in accordance with state and federal law.

4. Any procedure undertaken because the individual suffers from a physical disorder, physical injury or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed.

C. For the purposes of this section:

1. "Biological sex" means the biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen or subjective experience of gender.

2. "Gender" means the psychological, behavioral, social and cultural aspects of being male or female.

3. "Gender transition" means the process in which a person goes from identifying with and living as a gender that corresponds to the person's biological sex to identifying with and living as a gender different from the person's biological sex and may involve social, legal or physical changes.

4. "Irreversible gender reassignment surgery" means a medical procedure performed for the purpose of assisting an individual with a gender transition, including any of the following:

(a) Penectomy, orchiectomy, vaginoplasty, clitoroplasty or vulvoplasty for biologically male patients or hysterectomy or ovariectomy for biologically female patients.

(b) Metoidioplasty, phalloplasty, vaginectomy, scrotoplasty or implantation of erection or testicular prostheses for biologically female patients.

(c) Augmentation mammoplasty for biologically male patients and subcutaneous mastectomy for female patients.

5. "Physician" means a person who is licensed pursuant to chapter 13 or 17 of this title.
A.R.S. § 32-3292 — Arizona Code / Title 32 / Chapter 33 / Article 5 / Section 3292
32-3292 Licensed master social worker; licensure; qualifications; supervision
Status: in_force

32-3292. Licensed master social worker; licensure; qualifications; supervision

A. A person who wishes to be licensed by the board to engage in the practice of social work as a licensed master social worker shall:

1. Furnish documentation satisfactory to the board that the person has earned a master's or higher degree in social work from a regionally accredited college or university in a program accredited by the council on social work education or a degree from a foreign school based on a program of study that the board determines is substantially equivalent.

2. Pass an examination approved by the board.

B. A licensed master social worker shall only engage in clinical practice under direct supervision as prescribed by the board.
A.R.S. § 32-2907 — Arizona Code / Title 32 / Chapter 29 / Article 1 / Section 2907
32-2907 Jurisdiction arbitration panel; members; procedures; duties
Status: in_force

32-2907. Jurisdiction arbitration panel; members; procedures; duties

A. When the board receives a complaint on a licensee who is also licensed pursuant to chapter 13 or 17 of this title, the board shall immediately notify the other board.

B. If the boards disagree and if both boards continue to claim jurisdiction over the dual licensee, an arbitration panel shall decide jurisdiction. The panel shall consist of one member from each board, one legal representative from each board and one attorney who is licensed to practice law in this state, who is selected by the supreme court and who shall serve as chairman.

C. The chairman shall fix a date, time and place for a meeting within thirty days after the date the action is referred to the panel.

D. The panel shall determine which board shall investigate the complaint or whether both boards shall conduct their own investigation and hearing.

E. After conducting its investigation, the board chosen to conduct the investigation shall transmit all investigation materials, findings and conclusions to the other board. That board shall review this information to determine if it shall take any action against the licensee or dismiss the complaint.

F. If the licensing boards decide without resorting to arbitration which board shall conduct the investigation, the board conducting the investigation shall transmit all materials, findings and conclusions to the other board.
A.R.S. § 32-2912 — Arizona Code / Title 32 / Chapter 29 / Article 2 / Section 2912
32-2912 Qualifications of applicant; applications; scope of practice
Status: in_force

32-2912. Qualifications of applicant; applications; scope of practice

A. The board shall grant a license to practice pursuant to this chapter to an applicant who meets all of the following requirements:

1. Holds a degree from an approved school of medicine or has received a medical education that the board determines is of equivalent quality.

2. Holds a license in good standing to practice medicine or osteopathic medicine that is issued under chapter 13 or 17 of this title or by another state, district or territory of the United States.

3. Has a professional record that indicates that the applicant has not had a license to practice medicine refused, revoked, suspended or restricted in any way by any state, territory, district or country for reasons that relate to the applicant's ability to competently and safely practice medicine.

4. Has a professional record that indicates that the applicant has not committed any act or engaged in any conduct that would constitute grounds for disciplinary action against a licensee under this chapter.

5. Has the physical and mental capacity to safely engage in the practice of medicine.

6. Pays all fees and costs required by the board.

7. Completes the application required by the board.

B. Notwithstanding subsection A, paragraphs 1 and 2 of this section, the board shall issue a license pursuant to this chapter to an applicant who meets the requirements of subsection A, paragraphs 3, 4, 5, 6 and 7 of this section and who either holds a degree from an approved school of medicine or has completed an approved training program.

C. The board may require an applicant to submit additional written or oral information and may conduct additional investigations if it determines that this is necessary to adequately inform itself of the applicant's ability to meet the requirements of this chapter. If an applicant has had a license revoked by or has surrendered a license to another jurisdiction, the applicant may attempt to demonstrate 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 of the license.

D. The board shall vacate its previous order to deny or revoke a license if that denial or revocation was based on the applicant's conviction of a felony or an offense involving moral turpitude and that conviction has been reversed on appeal. The applicant may resubmit an application for licensure as soon as the court enters the reversal.

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

F. Except as provided in subsection D of this section, a person shall not submit an application for reinstatement or a new application within five years after the person has completely corrected the conduct and made full legal restitution to the board's satisfaction.

G. An applicant shall submit a verified completed application to the board in a form and within a period of time prescribed by the board. The application shall include:

1. The application fee.

2. Affidavits from three persons who are actively licensed to practice allopathic, osteopathic or homeopathic medicine in any state or district of the United States and who are able to attest to the applicant's fitness to practice pursuant to this chapter.

3. A diploma or certificate issued by an approved training program, a homeopathic college or any other educational institution approved by the board or documentation of the applicant's successful completion of preceptorships or formal postgraduate courses approved by the board.

4. If the person is applying for licensure pursuant to subsection A of this section, proof that the applicant has served a board-approved internship.

5. The applicant's oath that:

(a) All of the information contained in the application and the accompanying evidence or other credentials is correct.

(b) The applicant submitted the credentials without fraud or misrepresentation and that the applicant is the lawful holder of the credentials.

(c) The applicant authorizes the release to the board of any information from any source that the board determines is necessary for it to act on the application.

H. The board shall promptly inform an applicant in writing of any deficiency in the application that prevents the board from acting on it.

I. The board shall consider an application withdrawn if any of the following is true:

1. The applicant submits a written request to withdraw the application.

2. The applicant without good cause fails to appear for a board interview.

3. The applicant fails to submit information to the board within one year after the board's request for that information.

4. The applicant fails to complete the required examination or personal interview within one year after submitting the application.

J. A person who is issued a license pursuant to subsection B of this section shall practice only within the scope of practice as prescribed by this chapter.  A licensee who acts outside that scope of practice commits an act of unprofessional conduct.  In addition to all other available remedies, the board may seek injunctive relieve pursuant to section 32-2940.
A.R.S. § 32-2197.11 — Arizona Code / Title 32 / Chapter 20 / Article 9 / Section 2197.11
32-2197.11 Developer supervisory duties
Status: in_force

32-2197.11. Developer supervisory duties

The developer shall supervise, manage and control all aspects of the offering of the timeshare plan, including promotion, advertising, contracting and closing.  The developer is responsible for each timeshare plan registered by the developer with the department and for the actions of any sales agent or managing entity used by the developer in the offering or selling of any registered timeshare plan.  Any violation of this article that occurs during the offering activities shall be deemed to be a violation by the developer as well as by the sales agent or managing entity who actually committed the violation.  The developer is responsible for the actions of the association and managing entity only while they are subject to the developer’s control, as provided in the timeshare instruments or by law.
A.R.S. § 32-2183.02 — Arizona Code / Title 32 / Chapter 20 / Article 4 / Section 2183.02
32-2183.02 Recording of actions
Status: in_force

32-2183.02. Recording of actions

A. Whenever the commissioner issues a cease and desist order, obtains a court order enjoining further sales, issues an order of prohibition or suspends approval of a subdivision, the action shall be recorded in the book of deeds in the office of the county recorder in any county in which the subdivision property is located and include the legal description of the affected land.  The commissioner shall also provide notice of the order or suspension to all affected parties with an ownership interest of record in any lot, parcel or fractional interest in the subdivision property within ten business days of issuing the order of suspension.

B. In the event of revocation of any of the orders which require recording in subsection A, an order of release shall be recorded in the same manner within ten business days after the revocation.

C. The department shall record a public notice for each plat, parcel or lot in the county in which the subdivided land is located when the land has been subdivided in violation of this article.  The notice shall include the legal description of the affected land and provide that a city or town pursuant to authority granted by the state under title 9 or to a county pursuant to authority granted under title 11 may decline to issue building permits for the land until the requisite state and local approval is acquired. The department shall record a release in the same manner within ten business days after the subdivision is in compliance with this article.
A.R.S. § 32-2187 — Arizona Code / Title 32 / Chapter 20 / Article 5 / Section 2187
32-2187 Payments to real estate recovery fund
Status: in_force

32-2187. Payments to real estate recovery fund

A. In addition to any other fees, payments shall be made to the real estate recovery fund on application by any person, as follows:

1. For an original real estate or cemetery broker's license, twenty dollars.

2. For an original real estate or cemetery salesperson's license, ten dollars.

B. If, on June 30 of any year, the balance remaining in the real estate recovery fund is less than six hundred thousand dollars, every broker when renewing a real estate or cemetery license during the following license year shall pay, in addition to the license renewal fee, a fee of twenty dollars for deposit in the real estate recovery fund, and every salesperson when renewing a real estate or cemetery license during such year shall pay, in addition to the license renewal fee, a fee of ten dollars for deposit in the real estate recovery fund.
A.R.S. § 32-2054 — Arizona Code / Title 32 / Chapter 19 / Article 3 / Section 2054
32-2054 Participation in compact as condition of employment; prohibition
Status: in_force

32-2054. Participation in compact as condition of employment; prohibition

An employer may not require a physical therapist to seek licensure through the physical therapy licensure compact enacted by section 32-2053 as a condition of initial or continued employment as a physical therapist in this state.  An employer may require that a physical therapist obtain and maintain a license to practice physical therapy in multiple states, if the physical therapist is free to obtain and maintain the licenses by any means authorized by the laws of the respective states.