A.R.S. § 32-2151.01 — Arizona Code / Title 32 / Chapter 20 / Article 3 / Section 2151.01
32-2151.01 Broker requirements; recordkeeping requirements; definition
Status: in_force

32-2151.01. Broker requirements; recordkeeping requirements; definition

A. Each licensed employing broker shall keep records of all real estate, cemetery, timeshare or membership camping transactions handled by or through the broker and shall keep employment records, including copies of employment status, for all current and former employees. The records required by this section shall include copies of earnest money receipts, confirming that the earnest money has been handled in accordance with the transaction, closing statements showing all receipts, disbursements and adjustments, sales contracts and, if applicable, copies of employment agreements. The records shall be open at all reasonable times for inspection by the commissioner or the commissioner's representatives. The records of each transaction and employment records shall be kept by the broker for a period of at least five years after the date of the termination of the transaction or employment. The records shall be kept in the employing broker's principal office or licensed branch office in this state or at an off-site storage location in this state if the broker provides prior written notification of the street address of the off-site storage location to the department.

B. Except as provided by section 32-2174, subsection C, a broker shall not grant any person authority to withdraw monies from the broker's trust fund account unless that person is a licensee under that broker's license.

C. A broker shall specifically state in the real estate purchase contract, lease agreement or receipt for earnest money the type of earnest money received in any real estate transaction, whether it is cash, a check, a promissory note or any other item of value.

D. All licensees shall promptly place all cash, checks or other items of value received as payment in connection with a real estate transaction in the care of the designated broker.

E. The broker shall maintain each real estate purchase contract or lease agreement and the transaction folder in which it is kept in a chronological log or other systematic manner that is easily accessible by the commissioner or the commissioner's representatives.

F. Sales transaction folders shall include:

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

2. A complete copy of the sales contract, any escrow account receipt, any closing or settlement statement and, if applicable, a copy of the escrow instructions, listing agreement, employment agreement and release of escrow monies.

G. The designated broker shall review each listing agreement, purchase or nonresidential lease agreement or similar instrument within ten business days after the date of execution by placing the broker's initials and the date of review on the instrument on the same page as the signatures of the parties. A designated broker may authorize in writing an associate broker who the designated broker employs to review and initial these instruments on the designated broker's behalf.

H. The broker shall retain all real estate purchase and nonresidential lease contracts and employment agreements, or copies of these documents, in the employing broker's principal office or licensed branch office or at an off-site storage location in this state if the broker provides prior written notification of the street address of the off-site storage location to the department.

I. The broker shall retain an original or a copy of any document evidencing a rejected offer to purchase real property as a matter of record for at least one year. In instances that result in binding contracts, the broker shall retain prior rejected offers for at least five years.

J. If real property in a development is sold or leased by a developer without the services of a listing or selling broker, the developer shall keep all records required by subsections A and C of this section.

K. For the purposes of this section, "business day" means a day that is not a Saturday, a Sunday or any other legal holiday in this state.
A.R.S. § 32-3637 — Arizona Code / Title 32 / Chapter 36 / Article 3 / Section 3637
32-3637 Retention of records; definition
Status: in_force

32-3637. Retention of records; definition

A. A state-licensed or state-certified appraiser shall retain a work file for at least five years after preparation of the work file or at least two years after final disposition of any judicial proceeding in which the appraiser provided testimony related to the work file, whichever period of time is greater.

B. A state-licensed or state-certified appraiser shall do either of the following:

1. Have custody of the appraiser's work file.

2. Make appropriate work file retention, access and retrieval arrangements with the party having custody of the work file.

C. The deputy director may inspect all records required to be maintained under this chapter by the state-licensed or state-certified appraiser on reasonable notice to the appraiser.

D. For the purposes of this section, "work file" includes documentation that is necessary to support an appraiser's analyses, opinions and conclusions and that demonstrates compliance with the uniform standards of professional appraisal practice.
A.R.S. § 32-4501 — Arizona Code / Title 32 / Chapter 45 / Article 1 / Section 4501
32-4501 Definitions
Status: in_force

32-4501. Definitions

In this chapter, unless the context otherwise requires:

1. "Declared disaster" means a state of emergency declared by the governor, a presidential declaration of a federal major disaster or emergency in this state or a disaster or emergency event in this state that is designated by the division of emergency management and that requires disaster recovery under this chapter.

2. "Disaster period" means a period that is within ten calendar days of the date of issuance of the declared disaster and that extends for a period of sixty calendar days after the end of the declared disaster or any longer period authorized by the governor.

3. "Disaster recovery" means repairing, renovating, installing, building, rendering services or other business activities that relate to infrastructure that has been damaged, impaired or destroyed by a declared disaster.

4. "Infrastructure" means property and equipment owned or used by communications networks, electric generation, transmission and distribution systems and gas distribution systems, water pipelines, public roads and bridges and related support facilities that service multiple customers or citizens of this state and includes buildings, offices, lines, poles, pipes, structures and equipment.

5. "Out-of-state business" means a business entity that existed as an operating entity before the declared disaster, including an affiliate solely by common ownership of a registered business, whose services are requested by a registered business in this state or by the state or a local government for the purpose of performing disaster recovery in this state and that meets all of the following conditions:

(a) Is not present in this state.

(b) Does not conduct business in this state.

(c) Does not have or maintain any state or local registrations, licenses or certifications in this state.

(d) Does not make any tax filings in this state.

6. "Out-of-state employee" means an employee who does not work in this state except for performing disaster recovery during a disaster period.

7. "Registered business" means a business entity that is currently registered to do business in this state and that was a registered business before the declared disaster.
A.R.S. § 32-3405 — Arizona Code / Title 32 / Chapter 34 / Article 1 / Section 3405
32-3405 Occupational therapy fund; deposit of receipts by board
Status: in_force

32-3405. Occupational therapy fund; deposit of receipts by board

(L24, Ch. 222, sec. 43.  Eff. until 7/1/28)

A. The occupational therapy fund is established. Pursuant to sections 35-146 and 35-147, civil penalties imposed under section 32-3442, subsection K shall be deposited in the state general fund.  The board shall deposit fifteen percent of all other monies collected under this chapter in the state general fund and deposit the remaining eighty-five percent in the occupational therapy fund.  Monies in the occupational therapy fund may be used by the board for payment of all necessary board expenses, including compensation and expenses of board members and board staff on claims approved by the board.

B. Monies deposited in the occupational therapy fund are subject to section 35-143.01.
A.R.S. § 32-4125 — Arizona Code / Title 32 / Chapter 41 / Article 2 / Section 4125
32-4125 Reinstatement of license
Status: in_force

32-4125. Reinstatement of license

A. The board may reinstate a lapsed license on payment of a renewal fee and a reinstatement fee and proof that the applicant has met all requirements for continuing competency established by the board.

B. If a person’s license has lapsed for more than three consecutive years, that person shall reapply for a license and pay all applicable fees. The person shall also demonstrate to the board's satisfaction competency in the practice of athletic training or shall serve an internship under a restricted license or take remedial courses as determined by the board, or both, at the board’s discretion.  The board may also require the applicant to take an examination.
A.R.S. § 32-108 — Arizona Code / Title 32 / Chapter 1 / Article 1 / Section 108
32-108 Low-voltage electric fence alarm systems; regulation; state preemption
Status: in_force

32-108. Low-voltage electric fence alarm systems; regulation; state preemption

The regulation of low-voltage electric fence alarm systems is of statewide concern. The regulation of low-voltage electric fence alarm systems pursuant to this chapter and their use is not subject to further regulation by a county, city, town or other political subdivision of this state.
A.R.S. § 32-1182 — Arizona Code / Title 32 / Chapter 10 / Article 5 / Section 1182
32-1182 Progress payments by owner; conditions; interest
Status: in_force

32-1182. Progress payments by owner; conditions; interest

A. By mutual agreement with a contractor, an owner may make progress payments on construction contracts of less than sixty days. An owner shall make progress payments to a contractor on all other construction contracts.  Progress payments shall be made on the basis of a duly certified and approved billing or estimate of the work performed and the materials supplied.  The billing or estimate for a progress payment shall be submitted on a thirty day billing cycle unless the construction contract and each page of the plans, including bid plans and construction plans, shall specifically identify a different billing cycle in a clear and conspicuous manner as prescribed in subsection B of this section. If any work is performed during a billing cycle, a contractor shall timely submit a billing or estimate to the owner.  Except as provided in subsection C of this section, the owner shall make progress payments to the contractor within seven days after the date the billing or estimate is certified and approved pursuant to subsection D of this section.  Except as provided in subsection C of this section, an owner shall release retention to the contractor within seven days after the date the billing or estimate for release of retention is certified and approved pursuant to subsection H of this section.  Except as provided in subsection C of this section, an owner shall make final payment to the contractor within seven days after the billing or estimate for final payment is certified and approved pursuant to subsection K of this section.

B. A construction contract may provide for a billing cycle other than a thirty day billing cycle if the construction contract specifically sets forth such other billing cycle and either of the following applies:

1. The following legend or substantially similar language setting forth the other billing cycle appears in clear and conspicuous type on each page of the plans, including bid plans and construction plans:

Notice of Alternate Billing Cycle

This contract allows the owner to require the submission of billings or estimates in billing cycles other than thirty days. Billings or estimates for this contract shall be submitted as follows:

______________________________________________________________

______________________________________________________________

______________________________________________________________

2. The following legend or substantially similar language setting forth the other billing cycle appears in clear and conspicuous type on each page of the plans, including bid plans and construction plans:

Notice of Alternate Billing Cycle

This contract allows the owner to require the submission of billings or estimates in billing cycles other than thirty days. A written description of such other billing cycle applicable to the project is available from the owner or the owner's designated agent at (telephone number or address, or both), and the owner or its designated agent shall provide this written description on request.

C. An owner may make progress payments, release of retention and final payment later than seven days after the date the billing or estimate is certified and approved if both:

1. The construction contract in a clear and conspicuous manner specifically provides for a later payment defined by a specified number of days after certification and approval.

2. The following legend or substantially similar language setting forth the specified number of days appears in clear and conspicuous type on each page of the plans, including bid plans and construction plans:

Notice of Extended Payment Provision

This contract allows the owner to make payment within _____ days after certification and approval of billings and estimates for progress payments, within _______ days after certification and approval of billings and estimates for release of retention and within ____ days after certification and approval of billings and estimates for final payment.

D. Except as provided in subsection F of this section, a billing or estimate for a progress payment shall be deemed certified and approved fourteen days after the owner receives the billing or estimate, unless before that time the owner or the owner's agent prepares and issues a written statement stating in reasonable detail the owner's reasons for not certifying or approving all or a portion of the billing or estimate. The owner is deemed to have received the billing or estimate when the billing or estimate is submitted to any person designated by the owner for receipt or for certification and approval of the billing or estimate. The owner may withhold from a progress payment a reasonable amount for retention.  An owner may decline to certify and approve a billing or estimate or portion of a billing or estimate for any of the following reasons:

1. Unsatisfactory job progress.

2. Defective construction work or materials not remedied.

3. Disputed work or materials.

4. Failure to comply with other material provisions of the construction contract.

5. Third-party claims filed or reasonable evidence that a claim will be filed.

6. Failure of the contractor or a subcontractor to make timely payments for labor, equipment and materials.

7. Damage to the owner.

8. Reasonable evidence that the construction contract cannot be completed for the unpaid balance of the construction contract sum.

E. An owner may withhold from a progress payment only an amount that is sufficient to pay the direct costs and expenses the owner reasonably expects to incur to protect the owner from loss for which the contractor is responsible and that results from any reasons set forth in writing pursuant to subsection D of this section.

F. An owner may extend the period within which the billing or estimate for progress payments, release of retention and final payment is certified and approved if both:

1. The construction contract in a clear and conspicuous manner specifically provides for an extended time period within which a billing or estimate shall be certified and approved defined by a specified number of days after the owner has received the billing or estimate.

2. The following legend or substantially similar language, setting forth the specified number of days, appears in clear and conspicuous type on each page of the plans, including bid plans and construction plans:

Notice of Extended Certification and

Approval Period Provision

This contract allows the owner to certify and approve billings and estimates for progress payments within ____ days after the billings and estimates are received from the contractor, for release of retention within ____ days after the billings and estimates are received from the contractor and for final payment within ____ days after the billings and estimates are received from the contractor.

G. After the effective date of a construction contract, an owner and contractor may change the number of specified days after certification and approval for the owner to make payment to the contractor or within which a billing or estimate must be certified and approved.  Any contractor or subcontractor that does not provide written consent to the change will continue to be paid as previously agreed.

H. On substantial completion of the work, a contractor shall submit a billing or estimate for release of retention. Except as provided in subsection F of this section, the billing or estimate for release of retention shall be deemed certified and approved within fourteen days after the owner receives the billing or estimate, unless before that time the owner or the owner's agent issues a written statement stating in reasonable detail the owner's reasons for not certifying or approving all or a portion of the billing or estimate.  The owner is deemed to have received the billing or estimate when the billing or estimate is submitted to any person designated by the owner for receipt or for certification and approval of the billing or estimate.  The owner may:

1. Decline to certify and approve a billing or estimate for release of retention or a portion of a billing or estimate for release of retention for failure of the contractor to complete a material requirement of the construction contract or to complete portions of the work or for any reason permitted under subsection D of this section.

2. Withhold from retention to be released only an amount not to exceed one hundred fifty percent of the direct costs and expenses the owner reasonably expects to incur to protect the owner from loss for which the contractor is responsible and that results from the contractor's failure to complete portions of the work at the time of substantial completion or for any reasons set forth in writing pursuant to this subsection.

I. Except as provided in subsections C and H of this section, the owner shall pay the retention to the contractor within seven days after the date the billing or estimate for release of retention is certified and approved. If the owner has declined to certify or approve a billing or estimate for release of retention or a portion of a billing or estimate for release of retention pursuant to subsection H of this section, when any reason as stated in the owner's written statement has been removed, the contractor may submit a supplemental billing or estimate for all or a portion of the withheld amounts of retention pursuant to subsection H of this section.  Unless otherwise agreed, the contractor may submit only one billing or estimate during each billing cycle.

J. When a contractor substantially completes all work under a portion of a construction contract for which the contract states a separate price, the contractor shall submit a billing or estimate for release of retention on that portion of the construction contract pursuant to subsection H of this section.

K. On final completion of the work, a contractor shall submit a billing or estimate for final payment.  Except as provided in subsection F of this section, a billing or estimate for final payment shall be deemed certified and approved fourteen days after the owner receives the billing or estimate, unless before that time the owner or owner's agent prepares and issues a written statement stating in reasonable detail the reasons the billing or estimate has not been certified or approved.  The owner is deemed to have received the billing or estimate for final payment when the billing or estimate is submitted to any person designated by the owner for receipt of or for certification and approval of the billing or estimate.  The owner may:

1. Decline to certify and approve a billing or estimate for final payment or a portion of a billing or estimate for final payment for failure of the contractor to complete a requirement of the construction contract or to complete portions of the work or for any reason permitted under subsection D of this section.

2. Withhold from final payment only an amount not to exceed one hundred fifty percent of the direct costs and expenses the owner reasonably expects to incur to protect the owner from loss for which the contractor is responsible and that results from any reasons set forth in writing pursuant to this subsection.

L. Except as provided in subsection C of this section, the owner shall make final payment to the contractor within seven days after the date the billing or estimate for final payment is certified and approved.  If the owner has declined to certify or approve a billing or estimate for final payment or a portion of a billing or estimate for final payment pursuant to subsection K of this section, when any reason as stated in the owner's written statement has been removed, the contractor may submit a billing or estimate for all or a portion of the withheld amounts of final payment pursuant to subsection K of this section. Unless otherwise agreed, the contractor may submit only one billing or estimate during each billing cycle.

M. Except as provided in subsection C of this section, on projects that require a federal agency's final certification or approval, the owner shall make payment in full on the construction contract within seven days after the federal agency's final certification or approval.

N. When a contractor completes all work under a portion of a construction contract for which the contract states a separate price, the contractor may timely submit a billing or estimate for final payment on that portion of the construction contract pursuant to subsection K of this section.

O. Payment shall not be required pursuant to this section unless the contractor provides the owner with a billing or estimate in accordance with the terms of the construction contract between the parties.

P. A construction contract shall not alter the rights of any contractor, subcontractor or material supplier to receive prompt and timely payments as provided under this article.

Q. If an owner or a third party designated by an owner as the person responsible for making progress payments, releasing retention or making final payment on a construction contract does not make a timely payment on amounts due pursuant to this section, the owner shall pay the contractor interest at the rate of one and one-half percent a month or fraction of a month on the unpaid balance, or at a higher rate as the parties to the construction contract agree.

R. On the written request of a subcontractor, the owner shall notify the subcontractor within five days after the issuance of a progress payment to the contractor.  On the written request of a subcontractor, the owner shall notify the subcontractor within five days after the owner releases retention or makes the final payment to the contractor on the construction contract. A subcontractor's request pursuant to this subsection shall remain in effect for the duration of the subcontractor's work on the project.

S. In any action or arbitration brought to collect payments or interest pursuant to this section, the successful party shall be awarded costs and attorney fees in a reasonable amount.

T. If the owner and contractor are a single entity, that entity shall pay its subcontractors or material suppliers within fourteen days after the billing or estimate is certified and approved unless the deadlines for certification and approval or for payment have been modified pursuant to subsection C or F of this section.

U. Notwithstanding anything to the contrary in this section, an owner may define "retention", "substantial completion" and "final completion" to have meanings different than those stated in section  32-1181, if:

1. The construction contract in a clear and conspicuous manner defines the terms.

2. The legend set forth in subsection W of this section or substantially similar language appears in clear and conspicuous type on each page of the plans, including bid plans and construction plans.

3. The different meanings of "retention", "substantial completion" and "final completion" are set forth in the plans, including on bid plans and construction plans, and the legend required by paragraph 2 of this subsection designates the sheet number of the plans on which the different meanings of the terms can be found.

V. Notwithstanding anything to the contrary in this section, an owner may establish different timing and conditions for when the contractor may submit a billing or estimate for release of retention or for final payment and for when such payments shall be due, if:

1. The construction contract in a clear and conspicuous manner establishes different timing for when the contractor may submit a billing or estimate for release of retention or for final payment, or both, and for when such payments shall be due.

2. The legend set forth in subsection W of this section or substantially similar language appears in clear and conspicuous type on each page of the plans, including bid plans and construction plans.

3. The different timing and conditions for when the contractor may submit a billing or estimate for release of retention or for final payment and for when such payments shall be due are set forth in the plans, including on bid plans and construction plans, and the legend required by paragraph 2 of this subsection designates the sheet number of the plans on which the different timing and conditions can be found.

W. The legend for making one or more of the modifications set forth in subsections U and V of this section shall be as follows:

Notice of Alternate Arrangements for

Release of Retention and Final Payment

This contract allows the owner to make alternate arrangements for the occurrence of substantial completion, the release of retention and making of final payment. Such alternate arrangements are disclosed on sheet no. _____ of these plans.
A.R.S. § 32-3671 — Arizona Code / Title 32 / Chapter 36 / Article 5 / Section 3671
32-3671 Agreements with independent appraisers; limitations
Status: in_force

32-3671. Agreements with independent appraisers; limitations

An appraisal management company registered in this state pursuant to this article may not enter into contracts or agreements with an independent appraiser for the performance of real property appraisal services in this state unless that person is licensed or certified in good standing with the deputy director.
A.R.S. § 32-4121 — Arizona Code / Title 32 / Chapter 41 / Article 2 / Section 4121
32-4121 Persons and activities not required to be licensed
Status: in_force

32-4121. Persons and activities not required to be licensed

This chapter does not apply to:

1. A health care professional who is licensed pursuant to this title and who practices within the scope of that person's license if that person does not claim to be an athletic trainer or a provider of athletic training services.

2. A person who is pursuing a course of study leading to a degree as an athletic trainer in a professional education program approved by the board if that person is satisfying supervised clinical education requirements related to the person's athletic training education while under the direct supervision of a licensed athletic trainer.

3. An athletic trainer who is practicing in the United States armed services, United States public health service or United States veterans administration pursuant to federal regulations for state licensure of health care providers.

4. An athletic trainer who resides and is employed in another jurisdiction and who possesses the required licensure, certification or registration necessary to practice athletic training under the laws of the jurisdiction in which the athletic trainer is employed if that person is performing athletic training in this state in connection with teaching or participating in an educational seminar or is providing athletic training services in this state to persons of a bona fide professional, intercollegiate, interscholastic or amateur sports organization by which the athletic trainer is employed, for not more than one hundred twenty days in any twelve month period.
A.R.S. § 32-3223.01 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3223.01
32-3223.01 Health profession regulatory board; mental health inquiry; prohibition; definition
Status: in_force

32-3223.01. Health profession regulatory board; mental health inquiry; prohibition; definition

A. A health profession regulatory board may not include any question on an application for a license, permit, certificate or endorsement that requests information about whether the applicant has sought mental health assistance or received a mental health diagnosis or treatment. The health profession regulatory board may ask if the applicant is currently under a regulatory entity's order in another state for the monitoring of a health condition, including substance abuse.  The applicant is not required to respond if the monitoring is part of a confidential program.

B. For the purposes of this section, "health profession regulatory board" includes the department of health services relating to health professionals who are regulated by the department.
A.R.S. § 32-3222 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3222
32-3222 Health profession regulatory boards; terms of members; board meeting recordings; employment opportunities; websites
Status: in_force

32-3222. Health profession regulatory boards; terms of members; board meeting recordings; employment opportunities; websites

A. Notwithstanding any other provision of this title and except as provided in this subsection, a member of a health profession regulatory board is not eligible for reappointment to that board once the person has been appointed for two full terms, in addition to any time served on the board to fill a vacancy. A person may be reappointed to a health profession regulatory board once the person has not been on the board for a period of at least two full terms.  This subsection applies to the state board of dental examiners, the Arizona medical board, the Arizona state board of nursing and the Arizona state board of pharmacy. A board member who is serving on an affected board on January 1, 2018 may complete any term to which the member has been appointed regardless of the number of terms the member has served.

B. Each health profession regulatory board shall make a digital recording of all open meetings of the board and shall maintain these recordings for three years after the date of the recording. The health profession regulatory board, within five business days after the board meeting that is the subject of the recording, shall either:

1. Post the digital recording on the board's website.

2. Post a notice on the board's website of the availability of the digital recording.

C. Each health profession regulatory board shall provide on the board's website a list of all board-specific contract employment opportunities and a link to the state procurement office to apply for those positions.
A.R.S. § 32-3428 — Arizona Code / Title 32 / Chapter 34 / Article 2 / Section 3428
32-3428 Limited license
Status: in_force

32-3428. Limited license

A. The board may grant a limited license to a person who has not taken the licensure examination if that person was trained in this country and has completed the academic and fieldwork requirements of this chapter.

B. The board may grant a limited license to a foreign-trained person who has completed the academic and fieldwork requirements of this chapter if that person has not taken the licensure examination but submits proof of acceptance to take the licensure examination.

C. The holder of a limited license may practice occupational therapy only under the supervision of a licensed occupational therapist.

D. A limited license is valid for four months and becomes void if a person fails the examination. The limited license expires if a person passes the examination and is issued a license under section 32-3425, subsection C.

E. The board may reissue a limited license once.
A.R.S. § 32-1394.01 — Arizona Code / Title 32 / Chapter 12 / Article 6 / Section 1394.01
32-1394.01 Application; qualifications for cremationist licensure; licensure requirement for responsible cremationists
Status: in_force

32-1394.01. Application; qualifications for cremationist licensure; licensure requirement for responsible cremationists

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

B. An applicant for a cremationist license shall submit a completed fingerprint card and the prescribed fingerprint records check fee to the department of health services to enable the department of health services or the department of public safety to conduct a criminal records check.

C. An applicant for a cremationist license shall meet the educational requirements as prescribed by the department in rule.

D. If the department finds that the applicant meets the criteria for cremationist licensure under this section and under rules adopted by the department, the department shall issue a cremationist license.

E. A responsible cremationist shall be licensed pursuant to this article. Any other cremationist may be licensed pursuant to this article but, if not licensed, may engage only in cremation activity that is allowed without a license.
A.R.S. § 32-1551 — Arizona Code / Title 32 / Chapter 14 / Article 3 / Section 1551
32-1551 Disciplinary action; duty to report; investigatory powers; immunity; hearing; appeal; notice
Status: in_force

32-1551. Disciplinary action; duty to report; investigatory powers; immunity; hearing; appeal; notice

A. The board on its own motion may investigate any evidence that appears to show that a doctor of naturopathic medicine is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable to engage safely in the practice of naturopathic medicine.  Any person may, and a doctor of naturopathic medicine, the Arizona naturopathic medical association, a component society of that association and any health care institution shall, report to the board any information that appears to show that a doctor of naturopathic medicine is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable to engage safely in the practice of naturopathic medicine.  The board or the executive director shall notify the doctor as to the content of the complaint as soon as reasonable.  Any person or entity that reports or provides information to the board in good faith is not subject to an action for civil damages.  If requested, the board shall not disclose the name of a person who supplies information regarding a licensee's drug or alcohol impairment.  It is an act of unprofessional conduct for any doctor of naturopathic medicine to fail to report as required by this section. The board shall report any health care institution that fails to report as required by this section to that institution's licensing agency.

B. The board or, if delegated by the board, the executive director shall require any combination of mental, physical or oral or written medical competency examinations and conduct necessary investigations including investigational interviews between representatives of the board and the doctor to fully inform itself with respect to any information filed with the board under this section.  These examinations may include biological fluid testing and psychological or psychiatric evaluation.  The board or, if delegated by the board, the executive director may require the doctor, at the doctor's expense, to undergo assessment by a board approved rehabilitative, retraining or assessment program.

C. If the board finds, based on the information it receives under this section, that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, the board may restrict, limit or order a summary suspension of a license pending proceedings for revocation or other action.  If the board takes action pursuant to this subsection it shall also serve the licensee with a written notice that states the charges and that the licensee is entitled to a formal hearing before the board or an administrative law judge.

D. If, after completing its investigation, the board finds that the information provided pursuant to subsection A of this section is not of sufficient seriousness to merit disciplinary action against the license of the doctor, the board may take any of the following actions:

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

2. File a letter of concern.

3. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.

E. If the board finds that it can take rehabilitative or disciplinary action without the presence of the doctor at a formal interview, it may enter into a consent agreement with the doctor to limit or restrict the doctor's practice or to rehabilitate the doctor in order to protect the public and ensure the doctor's ability to safely engage in the practice of naturopathic medicine.  The board may also require the doctor to successfully complete a board approved rehabilitative, retraining or assessment program.

F. If after completing its investigation the board believes that the information is or may be true, it may request a formal interview with the doctor. If the doctor refuses the invitation or accepts and the results indicate that grounds may exist for revocation or suspension of the doctor's license for more than twelve months, the board may issue a formal complaint and order that a hearing be held pursuant to title 41, chapter 6, article 10. If after completing a formal interview the board finds the information provided under this section is not of sufficient seriousness to merit suspension for more than twelve months or revocation of the license, it may take the following actions:

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

2. File a letter of concern.

3. File a letter of reprimand.

4. Issue a decree of censure.  A decree of censure is an official action against the doctor's license and may include a requirement for restitution of fees to a patient resulting from violations of this chapter or rules adopted under this chapter.

5. Fix a period and terms of probation best adapted to protect the public health and safety and rehabilitate or educate the doctor concerned. Probation may include temporary license suspension for not to exceed twelve months, restriction of the doctor's license to practice naturopathic medicine, a requirement for restitution of fees to a patient or education or rehabilitation at the licensee's own expense.  If a licensee fails to comply with the terms of probation, the board shall serve the licensee with a written notice that states that the licensee is subject to a formal hearing based on the information considered by the board at the formal interview and any other acts or conduct alleged to be in violation of this chapter or rules adopted by the board pursuant to this chapter including noncompliance with the terms of probation, a consent agreement or a stipulated agreement.

6. Enter into an agreement with the doctor to restrict or limit the doctor's practice or medical activities in order to rehabilitate, retrain or assess the doctor, protect the public and ensure the physician's ability to safely engage in the practice of naturopathic medicine. The board may also require the doctor to successfully complete a board approved rehabilitative, retraining or assessment program at the doctor's own expense pursuant to subsection E of this section.

7. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.

G. If the board finds that the information provided in an investigation warrants suspension or revocation of a license issued under this chapter, it must initiate formal proceedings pursuant to title 41, chapter 6, article 10.

H. Any doctor of naturopathic medicine who after a formal hearing is found by the board to be guilty of unprofessional conduct, to be mentally or physically unable to safely engage in the practice of naturopathic medicine or to be medically incompetent is subject to censure, probation as provided in this section, suspension or revocation of a license or any combination of these under any conditions as the board deems appropriate for the protection of the public health and safety and just in the circumstance. The board may charge the costs of formal hearings to the licensee who it finds to be in violation of this chapter.

I. If the naturopathic physicians board of medical examiners acts to modify any doctor's prescription writing privileges, it shall immediately notify the Arizona state board of pharmacy of the modification.

J. If the board, during the course of any investigation, determines that a criminal violation may have occurred involving the delivery of health care, it shall make the evidence of violations available to the appropriate criminal justice agency for its consideration.

K. The board shall deposit, pursuant to sections 35-146 and 35-147, all monies collected from civil penalties paid pursuant to this chapter in the state general fund.

L. Notice of a complaint and hearing is effective by a true copy of it being sent by certified mail to the doctor's last known address of record in the board's files.  Notice of the complaint and hearing is complete on the date of its deposit in the mail.

M. The board may accept the surrender of an active license from a person who admits in writing to any of the following:

1. Being unable to safely engage in the practice of naturopathic medicine.

2. Having committed an act of unprofessional conduct.

3. Having violated this chapter or a board rule.

N. The board may administer the oath to all witnesses and shall keep a written transcript of all oral testimony submitted at the hearing and the original or a copy of all other evidence submitted.  The board may waive the technical rules of evidence at any hearing conducted under this section.

O. Except as provided in section 41-1092.08, subsection H, an appeal to the superior court in Maricopa county may be taken from decisions of the board pursuant to title 12, chapter 7, article 6.
A.R.S. § 32-2233 — Arizona Code / Title 32 / Chapter 21 / Article 3 / Section 2233
32-2233 Revocation or suspension of license or permit; civil penalty; report of perjury
Status: in_force

32-2233. Revocation or suspension of license or permit; civil penalty; report of perjury

A. The board, by majority consent, may revoke or suspend a permit or license granted to any person under this chapter or may impose a civil penalty of not to exceed one thousand dollars against any veterinarian or the responsible veterinarian, or both, for:

1. Unprofessional or dishonorable conduct.

2. Publicly professing to cure or treat diseases of a highly contagious, infectious and incurable nature.

3. Curing or treating an injury or deformity in such a way as to deceive the public.

4. Testing any animal for any communicable disease and knowingly stating verbally or in writing that the animals are diseased or in a disease-free condition if the statement is contrary to the indication of the test made.

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

1. Failure to timely renew the veterinary license or the premises license while continuing to practice veterinary medicine or conducting business from that premises.

2. Failure to notify the board in writing within twenty days of any change in residence, practice, ownership, management or responsible veterinarian.

3. Minor records violations that are routine entries into a medical record and that do not affect the diagnosis or care of the animal.

C. The civil penalties collected pursuant to this chapter shall be deposited in the state general fund.

D. The board may report to the proper legal authorities for perjury anyone it suspects of giving deliberate, fraudulent testimony whether the testimony is given personally, telephonically or in writing.
A.R.S. § 32-2003 — Arizona Code / Title 32 / Chapter 19 / Article 1 / Section 2003
32-2003 Board; powers and duties
Status: in_force

32-2003. Board; powers and duties

A. The board shall:

1. Evaluate the qualifications of applicants for licensure.

2. Provide for national examinations for physical therapists and physical therapist assistants and adopt passing scores for these examinations.

3. Issue licenses and permits to persons who meet the requirements of this chapter.

4. Regulate the practice of physical therapy by interpreting and enforcing this chapter.

5. Adopt and revise rules to enforce this chapter.

6. Meet at least once each quarter in compliance with the open meeting requirements of title 38, chapter 3, article 3.1 and keep an official record of these meetings.

7. Establish the mechanisms for assessing continuing professional competence of physical therapists to engage in the practice of physical therapy and the competence of physical therapist assistants to work in the field of physical therapy.

8. At its first regular meeting after the start of each calendar year, elect officers from among its members and as necessary to accomplish board business.

9. Provide for the timely orientation and training of new professional and public appointees to the board regarding board licensing and disciplinary procedures, this chapter, board rules and board procedures.

10. Maintain a current list of all persons regulated under this chapter. This list shall include the person's name, current business and residential addresses, telephone numbers and license number.

11. Subject to title 41, chapter 4, article 4, employ necessary personnel to carry out the administrative work of the board. Board personnel are eligible to receive compensation pursuant to section 38-611.

12. Enter into contracts for services necessary for adequate enforcement of this chapter.

13. Report final disciplinary action taken against a licensee to a national disciplinary database recognized by the board.

14. Publish, at least annually, final disciplinary actions taken against a licensee.

15. Publish, at least annually, board rulings, opinions and interpretations of statutes or rules in order to guide persons who are regulated pursuant to this chapter.

16. Not later than December 31 of each year, submit a written report of its actions and proceedings to the governor.

17. Establish and collect fees.

18. Provide information to the public regarding the board, its processes and consumer rights.

B. The board may establish a committee or committees to assist it in carrying out its duties for a time prescribed by the board.  The board may require a committee appointed pursuant to this subsection to make regular reports to the board.
A.R.S. § 32-1297.09 — Arizona Code / Title 32 / Chapter 11 / Article 5 / Section 1297.09
32-1297.09 Violations; classification
Status: in_force

32-1297.09. Violations; classification

A person is guilty of a class 2 misdemeanor who:

1. Not licensed as a dentist, practices denture technology without certification as provided by this article.

2. Exhibits or displays a certificate, diploma, degree or identification of another or a forged or fraudulent certificate, diploma, degree or identification with the intent that it be used as evidence of the right of such person to practice as a denturist in this state.

3. Fails to obey a summons or other order regularly and properly issued by the board.

4. Is a licensed dentist responsible for a denturist under this article who fails to personally supervise the work of the denturist.
A.R.S. § 32-598 — Arizona Code / Title 32 / Chapter 5 / Article 7 / Section 598
32-598 Consistent effect and conflict with other states
Status: in_force

32-598. Consistent effect and conflict with other states

A. This compact does not prevent or inhibit the enforcement of any other law of a member state that is consistent with this compact.

B. Any laws, statutes, rules or other legal requirements in a member state that conflict with this compact are superseded to the extent of the conflict.

C. All permissible agreements between the commission and the member states are binding in accordance with their terms.
A.R.S. § 32-2194.24 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.24
32-2194.24 Trust fund to be established before certificate of authority granted
Status: in_force

32-2194.24. Trust fund to be established before certificate of authority granted

No certificate of authority shall issue to a corporation or limited liability company organized for the purpose of maintaining and operating a cemetery unless the articles of incorporation or organization certify to the establishment of an irrevocable trust fund for maintenance and operation in accordance with the provisions of this article, and there is attached to the articles of incorporation or organization the written instrument establishing the irrevocable trust fund accompanied by the receipt of the trustee designated in the written instrument for the minimum care fund hereinafter provided. Any cemetery that has been operating before January 1, 1998 and that was not previously required to establish an irrevocable trust fund shall not be required to establish an irrevocable trust fund unless a material change is made to the plan under which cemetery plots are offered for sale.
A.R.S. § 32-2021 — Arizona Code / Title 32 / Chapter 19 / Article 2 / Section 2021
32-2021 Persons and activities not required to be licensed
Status: in_force

32-2021. Persons and activities not required to be licensed

A. This chapter does not restrict a person who is licensed under any other law of this state from engaging in the profession or practice for which that person is licensed if that person does not claim to be a physical therapist or a provider of physical therapy.

B. This chapter does not restrict the use of physical agents, modalities or devices by persons qualified under this title to personally render or delegate the use of this treatment.

C. The following persons are exempt from the licensure requirements of this chapter:

1. A person in a professional education program approved by the board who is satisfying supervised clinical education requirements related to the person's physical therapist or physical therapist assistant education while under the on-site supervision of a physical therapist.

2. A physical therapist who is practicing or a physical therapist assistant who is working in the United States armed services, United States public health service or veterans administration pursuant to federal regulations for state licensure of health care providers.

3. A physical therapist who is licensed in another jurisdiction of the United States or a foreign educated physical therapist credentialed in another country if that person is performing physical therapy in connection with teaching or participating in an educational seminar for not more than sixty days in any twelve month period.

4. A physical therapist who is licensed in another jurisdiction of the United States or who is credentialed in another country if that person by contract or employment is providing physical therapy to persons who are affiliated with or employed by established athletic teams, athletic organizations or performing arts companies temporarily practicing, competing or performing in this state for not more than sixty days in a calendar year.

5. A physical therapist who is licensed in another jurisdiction of the United States and who enters this state to provide physical therapy to victims of a declared local, state or national disaster or emergency.  This exemption applies for the duration of the declared emergency but not longer than sixty days.  The physical therapist must also register with the board before practicing.
A.R.S. § 32-574 — Arizona Code / Title 32 / Chapter 5 / Article 6 / Section 574
32-574 Unlawful acts; violations; classification
Status: in_force

32-574. Unlawful acts; violations; classification

A. A person shall not:

1. Perform or attempt to perform barbering, cosmetology, aesthetics, nail technology, hairstyling or personal services related to eyelash extensions without a license or registration in that category issued pursuant to this chapter, or practice in a category in which the person does not hold a license or registration.

2. Display a sign or in any way advertise or hold oneself out as a barber, cosmetologist, aesthetician, nail technician, hairstylist or eyelash technician or as being engaged in the practice or business of barbering, cosmetology, aesthetics, nail technology, hairstyling or eyelash extensions without being licensed or registered pursuant to this chapter.

3. Knowingly make a false statement on an application for a license or registration pursuant to this chapter.

4. Allow an employee or another person under the person's supervision or control to perform barbering, cosmetology, aesthetics, nail technology, hairstyling or personal services related to eyelash extensions without a license or registration issued pursuant to this chapter.

5. Practice or attempt to practice barbering, cosmetology, aesthetics, nail technology, hairstyling or personal services related to eyelash extensions in any place other than in an establishment licensed by the board unless the person is requested by a customer to go to a place other than an establishment licensed pursuant to this chapter and is sent to the customer from the establishment, except that a person who is licensed or registered pursuant to this chapter may practice, without the establishment's request, barbering, cosmetology, aesthetics, nail technology, hairstyling or personal services related to eyelash extensions in a health care facility, hospital, residential care institution, nursing home or residence of a person requiring home care because of an illness, infirmity or disability.

6. Obtain or attempt to obtain a license or registration by the use of monies other than the prescribed fees or any other thing of value or by fraudulent misrepresentation.

7. Provide any service to a person having a visible disease, pediculosis or open sores suggesting a communicable disease until the person furnishes a statement signed by a physician who is licensed pursuant to chapter 13 or 17 of this title stating that the disease or condition is not in an infectious, contagious or communicable stage.

8. Operate a school without being licensed by the board.

9. Operate an establishment without being licensed by the board and without having an individual designated as the manager of the establishment.

10. Violate this chapter or any rule adopted pursuant to this chapter.

11. Ignore or fail to comply with a board subpoena.

12. Use the title of "aesthetician", "barber", "cosmetologist", "nail technician", "hairstylist" or "eyelash technician" or any other title or term likely to be confused with "aesthetician", "barber", "cosmetologist", "nail technician", "hairstylist" or "eyelash technician" in any advertisement, statement or publication unless that person is licensed or registered by the board.

13. Teach barbering, cosmetology, aesthetics, nail technology or hairstyling in this state unless the person is licensed as an instructor pursuant to article 3 of this chapter.

B. An instructor shall not render barbering, cosmetology, aesthetics, nail technology or hairstyling services in a school unless the services are directly incidental to instructing students.

C. A school shall post a conspicuous notice to the public pursuant to section 32-557 that all services are performed by students under the direct supervision of a licensed instructor.

D. A person who violates this section is guilty of a class 1 misdemeanor.
A.R.S. § 32-562 — Arizona Code / Title 32 / Chapter 5 / Article 5 / Section 562
32-562 School inspections
Status: in_force

32-562. School inspections

The board shall inspect schools on a regular basis as it deems necessary.
A.R.S. § 32-1432 — Arizona Code / Title 32 / Chapter 13 / Article 2 / Section 1432
32-1432 Teaching license
Status: in_force

32-1432. Teaching license

A. A board approved school of medicine in this state or a teaching hospital's accredited graduate medical education program in this state may invite a doctor of medicine to provide and promote professional education through lectures, clinics or demonstrations. The doctor of medicine is prohibited from opening an office or designating a place to meet patients or receive calls relating to the practice of medicine in this state outside of the facilities and programs of the approved school or teaching hospital.

B. To receive a teaching license, the doctor of medicine shall:

1. Complete an application as prescribed by the board.

2. Pay all required fees.

3. Meet the basic requirements of section 32-1422 except for those relating to completing an approved hospital internship, residency or clinical fellowship program.

C. A teaching license is limited to a one year period. The doctor of medicine may reapply annually for no more than a total of four years. With each reapplication the doctor of medicine must submit all required fees and a petition from the school or teaching hospital asking the board for continuation of the teaching license.

D. The holder of a teaching license is not exempt from the requirements of this chapter with the exception of the training and examination requirements of this article.

E. A doctor of medicine holding a current teaching license at an approved school of medicine may convert that license into an active license by filing an application and meeting all applicable requirements of this article.
A.R.S. § 32-2931 — Arizona Code / Title 32 / Chapter 29 / Article 3 / Section 2931
32-2931 Violations; classification
Status: in_force

32-2931. Violations; classification

A. The following acts are class 5 felonies:

1. Practicing medicine as a homeopathic doctor or homeopathic practitioner pursuant to this chapter without being licensed or exempt from licensure pursuant to this chapter.

2. Securing a license to engage in the practice of homeopathic medicine pursuant to this chapter by fraud or deceit.

3. Impersonating a member of the board.

B. The following acts are class 2 misdemeanors:

1. Using the designation "doctor of homeopathy", "homeopathic doctor", "medical doctor-homeopathic", "doctor of osteopathic medicine (homeopathic)", "homeopathic practitioner" or "homeopathic physician" without being licensed pursuant to this chapter.

2. Using any words, initials or symbols that lead the public to believe that a person is licensed to engage in the practice of homeopathic medicine in this state if this is not true.
A.R.S. § 32-1373 — Arizona Code / Title 32 / Chapter 12 / Article 3.1 / Section 1373
32-1373 Statement of funeral goods and services
Status: in_force

32-1373. Statement of funeral goods and services

A. A licensee shall not enter into a contract to furnish funeral goods and services in connection with the burial or other disposition of a dead human body until the licensee has first delivered to the potential purchaser a written or printed statement of funeral goods and services that contains the following information, if this information is available at the time the contract is executed:

1. The total charge for the services of the licensee and the use of the funeral establishment, including preparing the body and other professional services, and the charge for using automotive and other necessary equipment.

2. An itemization of charges for the casket, alternative container or alkaline hydrolysis container and any outer burial container.

3. An itemization of fees or charges and the total amount of cash advances made by the licensee for transportation, flowers, cemetery or crematory charges, newspaper notices, clergy honoraria, transcripts, telegrams, long-distance telephone calls, music and any other advances authorized by the purchaser.

4. The method of payment and any interest charges.

5. An itemization of any fees or charges not included in paragraphs 1 through 4 of this subsection.

6. The total amount of charges itemized and included pursuant to this subsection.

7. The location where the deceased will be held, embalmed or cremated or will undergo alkaline hydrolysis if the location is not the funeral establishment's premises.

8. A statement containing the name, address and telephone number of any corporation, limited liability company, partnership or limited partnership that holds an ownership interest of ten percent or more in the funeral establishment or crematory.

B. The statement of funeral goods and services delivered to the potential purchaser shall also contain a conspicuous statement informing the potential purchaser that a casket, outer burial container, alternative container used for cremation or covering used for alkaline hydrolysis may be purchased and used, at the option of the purchaser, in connection with the funeral services and final disposition of human remains, but that, except as provided pursuant to section 36-136, the purchase or use of caskets, outer burial containers, alternative containers used for cremation or coverings used for alkaline hydrolysis is not required by law.

C. A licensee shall not bill or cause to be billed any item that is referred to as a cash advanced item unless the net amount paid for the item or items by the funeral establishment is the same as the amount billed by the funeral establishment.

D. If the charge for any of the items prescribed in this section is not known at the time the contract is entered into, the licensee shall advise the purchaser of the charge for the item within a reasonable period after the information becomes available.

E. A funeral director shall certify a statement of funeral goods and services with the funeral director's license number and signature before conducting final services or within five days after the purchaser signs the statement, whichever is earlier.
A.R.S. § 32-1456 — Arizona Code / Title 32 / Chapter 13 / Article 3 / Section 1456
32-1456 Medical assistants; allowable tasks; training; use of title; violation; classification; definition
Status: in_force

32-1456. Medical assistants; allowable tasks; training; use of title; violation; classification; definition

A. A medical assistant may perform the following medical procedures under the direct supervision of a doctor of medicine, physician assistant or nurse practitioner:

1. Take body fluid specimens.

2. Administer injections.

B. A medical assistant may place and remove urinary catheters after appropriate training and under the general supervision of a physician who is licensed pursuant to this chapter or chapter 17 of this title, a nurse practitioner, clinical nurse specialist or certified nurse midwife who is licensed pursuant to chapter 15 of this title or a physician assistant who is licensed pursuant to chapter 25 of this title.

C. The board by rule may prescribe other medical procedures that a medical assistant may perform under the direct supervision of a doctor of medicine, physician assistant or nurse practitioner on a determination by the board that the procedures may be competently performed by a medical assistant.

D. Without the direct supervision of a doctor of medicine, physician assistant or nurse practitioner, a medical assistant may do the following tasks:

1. Perform billing and coding.

2. Verify insurance.

3. Make patient appointments.

4. Perform scheduling.

5. Record the findings of a doctor of medicine in patient charts and transcribe materials in patient charts and records.

6. Perform visual acuity screening as part of a routine physical.

7. Take and record patient vital signs and medical history on medical records.

8. Communicate documented medical advice, documented interpretation of test results and documented orders from a doctor of medicine, physician assistant or nurse practitioner.

9. Obtain, process and communicate medication or procedure prior authorization as documented and ordered by a doctor of medicine, physician assistant or nurse practitioner.

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

1. Is designed and offered by a physician.

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

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

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

F. A person who uses the title "medical assistant" or a related abbreviation is guilty of a class 3 misdemeanor unless that person is working as a medical assistant under the direct supervision of a doctor of medicine, physician assistant or nurse practitioner or possesses written verification of successful completion of a training program provided pursuant to subsection E of this section.

G. For the purposes of this section, "general supervision" means that a procedure or service is provided under the overall direction and control of a physician, nurse practitioner, clinical nurse specialist, certified nurse midwife or physician assistant but that the presence of the physician, nurse practitioner, clinical nurse specialist, certified nurse midwife or physician assistant is not required during the performance of the procedure or service.
A.R.S. § 32-2124 — Arizona Code / Title 32 / Chapter 20 / Article 2 / Section 2124
32-2124 Qualifications of licensees
Status: in_force

32-2124. Qualifications of licensees

A. Except as otherwise provided in this chapter, the commissioner shall require proof, through the application or otherwise, as the commissioner deems advisable with due regard to the interests of the public, as to the competency of the applicant and shall require that the applicant has:

1. If for an original real estate broker's license, been an active licensed real estate salesperson or real estate broker for at least three years during the five years immediately preceding the time of application.

2. If for an original cemetery broker's license, either a current real estate broker's license, or if the applicant does not have a current real estate broker's license, at least three years' actual experience as a cemetery salesperson or cemetery broker or as a licensed real estate salesperson or licensed real estate broker during the five years immediately preceding the time of application.

3. If for an original membership camping broker's license, either a current real estate broker's license, or if the applicant does not have a current real estate broker's license, at least three years' actual experience as a licensed membership camping salesperson or licensed membership camping broker or as a licensed real estate salesperson or licensed real estate broker during the five years immediately preceding the time of application.

4. If for any type of broker's or salesperson's license, not had a license denied within one year immediately preceding application in this state pursuant to section 32-2153 or a similar statute in any other state.

5. If for any type of broker's or salesperson's license, not had a license revoked within the two years immediately preceding application in this state pursuant to section 32-2153 or a similar statute in any other state.

6. If reapplying for a license that expired more than one year before the date of application, met all current education and experience requirements and retakes the examination the same as if the applicant were applying for the license for the first time.

7. If for a real estate broker's, cemetery broker's or membership camping broker's license, other than a renewal application, an equivalent amount of active experience within the immediately preceding five years in the field in which the applicant is applying for the broker's license, as a substitute for the licensed active experience otherwise required in paragraphs 1, 2 and 3 of this subsection. The licensed active experience required may be met if the applicant can demonstrate to the commissioner's satisfaction that the applicant has an equivalent amount of experience in the past five years that, if the applicant had held a license, would have been sufficient to fulfill the licensed experience requirement.

B. All applicants other than renewal applicants under section 32-2130 for a real estate salesperson's license shall show evidence satisfactory to the commissioner that they have completed a real estate salesperson's course that is prescribed and approved by the commissioner and that is at least ninety classroom hours, or the equivalent, of instruction in a real estate school certified by the commissioner and have satisfactorily passed an examination on the course. An applicant may complete the real estate salesperson's course prescribed by this subsection through a live classroom course or a distance learning course if the live classroom course or distance learning course is offered by a real estate school that is certified by the commissioner.  The applicant must complete a proctored examination on the live classroom course or the distance learning course in person. An applicant may complete the required course or instructional segments in any combination of in-person or synchronous remote delivery methods. The real estate salesperson's course completion or its equivalent may not be more than ten years before the date of application unless, at the time of application, the commissioner determines in the commissioner's discretion that the applicant has work experience in a real estate-related field and education that together are equivalent to the prelicensure education requirement. Except as provided in section 32-4302, the commissioner may waive all or a portion of the prelicensure course requirement, other than the twenty-seven-hour Arizona-specific course, for an applicant who holds a current real estate license in another state.

C. All applicants other than renewal applicants under section 32-2130 for a real estate broker's license shall show evidence satisfactory to the commissioner that they have completed a real estate broker's course that is prescribed and approved by the commissioner and that is at least ninety classroom hours, or the equivalent, of instruction in a real estate school certified by the commissioner and have satisfactorily passed an examination on the course. An applicant may complete the real estate broker's course prescribed by this subsection through a live classroom course or a distance learning course if the live classroom course or distance learning course is offered by a real estate school that is certified by the commissioner.  The applicant must complete a proctored examination on the live classroom course or distance learning course in person.  An applicant may complete the required course or instructional segments in any combination of in-person or synchronous remote delivery methods.  The real estate broker's course completion or its equivalent may not be more than ten years before the date of application unless, at the time of application, the commissioner determines in the commissioner's discretion that the applicant has work experience in a real estate-related field and education that together are equivalent to the prelicensure education requirement. Except as provided in section 32-4302, the commissioner may waive all or a portion of the prelicensure course requirement, other than the twenty-seven-hour Arizona-specific course, for an applicant who holds a current real estate license in another state.

D. Before receiving any license provided for by this chapter, an applicant must be at least eighteen years of age.

E. The commissioner shall ascertain by a written, electronic or other examination method that an applicant for a real estate license has:

1. An appropriate knowledge of the English language, including reading, writing and spelling, and of arithmetical computations common to real estate practices.

2. At a minimum, an understanding of the general purpose and legal effect of any real estate practices, principles and related forms, including agency contracts, real estate contracts, deposit receipts, deeds, mortgages, deeds of trust, security agreements, bills of sale, land contracts of sale and property management, and of any other areas that the commissioner deems necessary and proper.

3. A thorough understanding of the obligations between principal and agent, the principles of real estate and business opportunity practice, the applicable canons of business ethics, this chapter and rules adopted pursuant to this chapter.

4. An appropriate knowledge of other real estate practices and principles as determined by the commissioner.

F. The commissioner shall ascertain by a written, electronic or other examination method that an applicant for a license as a cemetery broker or a cemetery salesperson has:

1. Appropriate knowledge of the English language, including reading, writing and spelling, and of elementary arithmetic.

2. A general understanding of:

(a) Cemetery associations, cemetery corporations and duties of cemetery directors and officers.

(b) Plot ownership, deeds, certificates of ownership, contracts of sale, liens and leases.

(c) Establishing, dedicating, maintaining, managing, operating, improving, preserving and conducting a cemetery.

(d) The provisions of this chapter and rules adopted pursuant to this chapter relating to the organization and regulation of cemeteries and the licensing and regulation of cemetery brokers and cemetery salespersons.

3. A general understanding of the obligations between principal and agent, the principles of cemetery practice and the canons of business ethics pertaining to the operation of cemeteries and the sale of cemetery property.

G. The commissioner shall ascertain by a written, electronic or other examination method that an applicant for a license as a membership camping broker or a membership camping salesperson has:

1. An appropriate knowledge of the English language, including reading, writing and spelling, and of elementary arithmetic.

2. A general understanding of:

(a) The general purposes and legal effect of contracts and agency contracts.

(b) Establishing, maintaining, managing and operating a membership campground.

(c) The provisions of this chapter and rules adopted pursuant to this chapter relating to the organization and regulation of membership campgrounds and the licensing and regulation of membership camping brokers and membership camping salespersons.

3. A general understanding of the obligations between principal and agent and the canons of business ethics pertaining to the operation and promotion of membership campgrounds.

H. A renewal applicant for a real estate broker's, cemetery broker's or membership camping broker's or real estate salesperson's, cemetery salesperson's or membership camping salesperson's license is not required to submit to an examination if the application is made within twelve months after the license expires and the license is not canceled, terminated or suspended at the time of application.

I. The examination for a broker's license shall be more exacting and stringent and of a broader scope than the examination for a salesperson's license.

J. An applicant for a real estate salesperson's or real estate broker's license who currently holds at least an equivalent license in another state is exempt from taking the national portion of the real estate examination pursuant to section 32-4302.

K. Identification of each applicant whose licensing requirement was allowed to be met by an equivalent alternative pursuant to this section shall be included in the annual performance evaluation presented by the board to the governor pursuant to section 32-2104.

L. An applicant for an original real estate salesperson's license, after completing the requirements of subsection B of this section, shall provide certification to the department at the time of application evidencing completion of six hours of instruction in real estate contract law and contract writing. This instruction shall include participation by the applicant in drafting contracts to purchase real property, listing agreements and lease agreements.

M. The commissioner shall not issue a license to a person who has been convicted of a felony offense and who is currently incarcerated for the conviction, paroled or under community supervision and under the supervision of a parole or community supervision officer or who is on probation as a result of the conviction.

N. The commissioner shall require an out-of-state applicant for a license that is issued pursuant to section 32-4302 to pass an examination specific to the laws of this state relating to this chapter before the commissioner issues the license to the applicant.
A.R.S. § 32-1747.01 — Arizona Code / Title 32 / Chapter 16 / Article 3 / Section 1747.01
32-1747.01 Medical, physical or mental examinations; duty to report; immunity
Status: in_force

32-1747.01. Medical, physical or mental examinations; duty to report; immunity

A. If the board believes, based on its own information or a complaint or inquiry directed to the board, that a licensee is suffering from a medical, physical or mental condition that might impede the licensee's ability to practice competently, the board may order the licensee to undergo a medical, physical or mental examination by persons designated by the board, at the licensee's expense.

B. A licensee's failure to submit to an examination directed by the board is an admission of the allegations, and the board may take appropriate action to protect the public health and safety.

C. The board, at reasonable intervals, shall allow a licensee whose license has been suspended, limited or revoked pursuant to this section to demonstrate that the licensee is able to resume the competent practice of optometry with reasonable skill and safety to patients.

D. If a licensee has reason to believe that another licensee has engaged in unprofessional conduct, the licensee must report the licensee to the board. The board shall not disclose the identity of the reporting licensee until the board completes its investigation.  The board shall not disclose the name of the licensee under investigation until it completes its investigation.

E. The board shall record and assign a case number to each complaint or allegation it receives.

F. A licensee who reports information to the board pursuant to this section or testifies in any related investigation in good faith is not subject to civil liability.
A.R.S. § 32-127 — Arizona Code / Title 32 / Chapter 1 / Article 2 / Section 127
32-127 Renewal of certification or registration; penalty fee; cancellation; inactive status; renewal fees; home inspector exam requirement
Status: in_force

32-127. Renewal of certification or registration; penalty fee; cancellation; inactive status; renewal fees; home inspector exam requirement

A. The board shall establish a system for renewing certification or registration.

B. Except as provided in section 32-4301, certificates of registration or certification are invalid after their expiration date unless renewed by payment of the required renewal fee. If the renewal fee is not paid prior to the expiration date, it shall be accompanied by a penalty fee equal to one-sixth of the renewal fee for each year or fraction of a year of delinquency.

C. The board shall cancel a certificate of registration or certification if the registration or certification has remained invalid for at least one renewal period.  Before the board may issue a valid registration or certification:

1. If the registration or certification has been invalid for less than five years or has been invalid for at least five years but the person has practiced as a licensed, certified or registered professional in that profession in another jurisdiction for the five years immediately before the date of the person's application with the board:

(a) The person shall apply as a new candidate and pay the application fee.

(b) The person is not required to take and pass the applicable professional examination.

2. If the registration or certification has been invalid for at least five years and the person has not practiced as a licensed, certified or registered professional in that profession in any other jurisdiction for the five years immediately before the date of the person's application with the board, the person shall apply as a new candidate, pay the application fee and take and pass the professional examination.

D. A registrant shall not practice, offer to practice or advertise if the certificate of registration or the certification is inactive or invalid.

E. A registrant who retires from the active practice of any board-regulated profession or occupation or who is not currently practicing that board-regulated profession or occupation in this state may request that the board place the registrant's certificate of registration or certification on inactive status.  The registrant shall submit the request in writing to the board.

F. If the board has invalidated, pursuant to subsection B of this section, the certificate of registration of a registrant who seeks to place the certificate of registration on inactive status, the registrant shall submit all penalty fees that are due with the registrant's application for inactive status.

G. A registrant shall not place the registrant's certificate of registration on inactive status if the person's certificate of registration has been canceled by the board pursuant to subsection C of this section.

H. A registrant who holds an inactive certificate of registration may apply to the board to reactivate the certificate of registration.  The board shall reactivate an inactive certificate of registration if the registrant submits a completed application on a form prescribed by the board and meets the qualifications for professional registration set forth in section 32-122.01. A registrant who seeks reactivation of the registrant's certificate of registration and who has not been engaged in the profession in which the registrant seeks reactivation for the five years immediately preceding the date of the application for reactivation shall take the applicable professional examination.

I. The board shall establish the renewal fee for each certificate or registration issued pursuant to this chapter.

J. Notwithstanding subsection C of this section, a home inspector who has had a certification canceled pursuant to subsection C of this section shall apply as a new candidate and pay the application fee.  If the applicant has not taken and passed the board-approved national examination within the two years immediately preceding the date of application, the applicant shall take and pass the examination for certification.
A.R.S. § 32-1129 — Arizona Code / Title 32 / Chapter 10 / Article 2 / Section 1129
32-1129 Apprenticeship programs; certificate of completion; filing with registrar
Status: in_force

32-1129. Apprenticeship programs; certificate of completion; filing with registrar

A. If a person completes a United States department of labor-approved or a department of economic security-approved apprenticeship program in a construction trade, the person or apprenticeship program sponsor may file the certificate of completion and any related updates to the certificate, including documentation for completed continuing education courses, with the registrar in a manner prescribed by the registrar.

B. The registrar shall maintain all documents that are filed pursuant to this section for ten years.
A.R.S. § 32-129 — Arizona Code / Title 32 / Chapter 1 / Article 2 / Section 129
32-129 Confidentiality
Status: in_force

32-129. Confidentiality

A. Examination material, file records of examination grading and performance, transcripts of educational institutions, letters of inquiry and reference concerning applicants and board inquiry forms concerning applicants are confidential and are not subject to inspection pursuant to title 39, chapter 1, article 2.

B. Investigation files of any investigation are confidential and are not subject to inspection pursuant to title 39, chapter 1, article 2 until the matter is final, a hearing notice is issued pursuant to title 41, chapter 6, article 10 or the matter is settled by consent order. However, the registrant shall be informed of and have access to the complaint and investigative assessments and the public may obtain information that an investigation is being conducted and of its general nature.

C. Informal conferences held by advisory committees are confidential and are not open to the public. All information, including any minutes or reports created or obtained pursuant to an informal conference, is confidential until the matter is final, a hearing notice is issued pursuant to title 41, chapter 6, article 10 or the matter is settled by consent order. The board may discuss matters that are being reviewed by an advisory committee in open session but may not introduce confidential documents into public board records.
A.R.S. § 32-3277 — Arizona Code / Title 32 / Chapter 33 / Article 3 / Section 3277
32-3277 Expired licenses; reinstatement
Status: in_force

32-3277. Expired licenses; reinstatement

A. A person who does not renew a license is ineligible to practice pursuant to this chapter.

B. The board may reinstate an expired license if the person submits an application for reinstatement within ninety days after the expiration of the license.  The application must document to the board's satisfaction that the applicant has met the renewal requirements prescribed by this chapter and include a late renewal penalty prescribed by the board by rule.
A.R.S. § 32-1287 — Arizona Code / Title 32 / Chapter 11 / Article 4 / Section 1287
32-1287 Dental hygienist triennial licensure; continuing education; license reinstatement; notice of change of address; penalties; retired and disabled license status
Status: in_force

32-1287. Dental hygienist triennial licensure; continuing education; license reinstatement; notice of change of address; penalties; retired and disabled license status

A. Except as provided in section 32-4301, a license 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, every licensed dental hygienist shall submit to the board a complete renewal application and pay a license renewal fee of not more than $325, 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 section does not apply to a retired hygienist or a hygienist 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. A person applying for a license for the first time in this state shall pay a prorated fee for the period remaining until the licensee's next birth month. This fee shall not exceed one-third of the fee established pursuant to subsection A of this section. Subsequent registrations 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.  Whenever 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 chapter.

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 penalty of $50 if a licensee fails to notify the board of the change within that time. The board shall increase the penalty imposed to $100 if a licensee fails to notify it of the change within thirty days.

F. A licensee who is over 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 on payment of a reduced renewal fee as prescribed by the board by rule.
A.R.S. § 32-3256 — Arizona Code / Title 32 / Chapter 33 / Article 1 / Section 3256
32-3256 Executive director; complaints; dismissal; review
Status: in_force

32-3256. Executive director; complaints; dismissal; review

A. If delegated by the board, the executive director may dismiss a complaint if the investigative staff's review indicates that the complaint is without merit and that dismissal is appropriate.

B. At each regularly scheduled board meeting, the executive director shall provide to the board a list of each complaint the executive director dismissed pursuant to subsection A of this section since the last board meeting.

C. A person who is aggrieved by an action taken by the executive director pursuant to subsection A of this section may file a written request that the board review that action.  The request must be filed within thirty-five days after that person is provided written notification of the executive director's action.  At the next regular board meeting, the board shall review the executive director's action and, on review, shall approve, modify or reject the executive director's action.
A.R.S. § 32-3502 — Arizona Code / Title 32 / Chapter 35 / Article 1 / Section 3502
32-3502 Board of respiratory care examiners; membership, appointment, qualifications
Status: in_force

32-3502. Board of respiratory care examiners; membership, appointment, qualifications

A. The board of respiratory care examiners is established consisting of seven members appointed by the governor. Each board member shall be a resident of this state at the time of appointment. The governor shall appoint:

1. Three licensed respiratory care practitioners, at least one of whom is a technical director of a respiratory care department or respiratory care corporation or an officer or faculty member of a college, school or institution engaged in respiratory therapy education and at least one of whom is involved in direct patient care.

2. A physician who is licensed pursuant to chapter 13 or 17 of this title and who is knowledgeable in respiratory care.

3. Two public members who are not engaged, directly or indirectly, in the provision of health care services.

4. One hospital administrator.

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

C. The respiratory care practitioner members shall:

1. Have at least five years of experience in respiratory care or respiratory therapy education.

2. Have been employed actively in direct patient care, respiratory therapy education or management or supervision of respiratory care for at least three years immediately preceding appointment.

3. Be licensed pursuant to this chapter.

D. The governor may appoint the licensed respiratory care practitioners from a list of seven qualified persons submitted to the governor by the Arizona society for respiratory care.

E. The governor may appoint the physician member from a list of three qualified persons submitted to the governor by the Arizona medical association and the Arizona osteopathic medical association.

F. The governor may appoint the hospital administrator member from a list of three qualified persons submitted to the governor by the Arizona hospital association.

G. The term of office of each member is three years, to begin and end on June 30. A member shall not serve for more than two consecutive terms.

H. The governor may remove board members for neglect of duty, malfeasance or misfeasance.
A.R.S. § 32-2204 — Arizona Code / Title 32 / Chapter 21 / Article 1 / Section 2204
32-2204 Meetings; quorum
Status: in_force

32-2204. Meetings; quorum

A. The board shall hold one annual meeting and other meetings as necessary. Special meetings may be called by the chairman of the board. The time and place of the annual meeting and the method of giving notice of special meetings shall be fixed by the rules adopted by the board.

B. At each board meeting the board shall make a call to the public informing attendees that any member of the public may address the board regarding any matter that appears on the board's agenda.

C. The board shall tape record all discussions of complaints that are not conducted in executive session. The board shall retain the tapes for at least two years.

D. A majority of the board members shall constitute a quorum.
A.R.S. § 32-2401 — Arizona Code / Title 32 / Chapter 24 / Article 1 / Section 2401
32-2401 Definitions
Status: in_force

32-2401. Definitions

In this chapter, unless the context otherwise requires:

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

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

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

4. "Associate" means a person who is a partner or corporate officer in a private investigation agency.

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

6. "Conviction" means an adjudication of guilt by a federal, state or local court resulting from trial or plea, including a plea of no contest, regardless of whether the adjudication of guilt was set aside or vacated.

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

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

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

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

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

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

13. "Insurance adjuster" means a person other than a private investigator who, for any consideration, engages in any of the activities prescribed in the definition of private investigator in this section in the course of adjusting or otherwise participating in the disposal of any claim under or in connection with a policy of insurance.

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

15. "Licensee" means a person to whom an agency license is granted pursuant to this chapter.

16. "Private investigator" means a person other than an insurance adjuster or an on-duty peace officer as defined in section 1-215 who, for any consideration, engages in business or accepts employment to:

(a) Furnish, agree to make or make any investigation for the purpose of obtaining information with reference to:

(i) Crime or wrongs done or threatened against the United States or any state or territory of the United States.

(ii) The identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation or character of any person or group of persons.

(iii) The credibility of witnesses or other persons.

(iv) The whereabouts of missing persons, owners of abandoned property or escheated property or heirs to estates.

(v) The location or recovery of lost or stolen property.

(vi) The causes and origin of, or responsibility for, a fire, libel, slander, a loss, an accident, damage or an injury to real or personal property.

(b) Secure evidence to be used before investigating committees or boards of award or arbitration or in the trial of civil or criminal cases and the preparation therefor.

(c) Investigate threats of violence and provide the service of protection of individuals from serious bodily harm or death.

17. "Qualifying party" means the individual meeting the qualifications under this chapter for an agency license.

18. "Registrant" means an employee of a licensed agency qualified to perform the services of the agency.

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

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

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

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

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

(c) Gross negligence in the practice of a private investigator.

(d) Failing or refusing to maintain adequate records and investigative findings on a client. For purposes of this subdivision, "adequate records" means records containing, at a minimum, sufficient information to identify the client, the dates of service, the fee for service, the payments for service, the type of service given and copies of any reports that may have been made.

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

(f) Making a fraudulent or untrue statement to the department, the board or its investigators, staff or consultants.
A.R.S. § 32-1238 — Arizona Code / Title 32 / Chapter 11 / Article 2 / Section 1238
32-1238 Issuance of restricted permit
Status: in_force

32-1238. Issuance of restricted permit

A. The board shall issue a restricted permit within thirty days after the date the board receives a complete application that meets the requirements of section 32-1232, subsection B from an applicant that meets the requirements of section 32-1237.

B. A restricted permit may be issued by the board without examination or payment of fee for a period not to exceed one year and shall automatically expire at that time. The board may, in its discretion and pursuant to rules or regulations not inconsistent with this chapter, renew such restricted permit for periods not to exceed one year.

C. For the purposes of this section, the acknowledgment from the board pursuant to section 32-1237, subsection B serves as the issuance of a restricted permit to an applicant who will be practicing for educational purposes in connection with and while enrolled in recognized continuing dental education.
A.R.S. § 32-2815 — Arizona Code / Title 32 / Chapter 28 / Article 2 / Section 2815
32-2815 Rules; bone densitometry certification; nuclear medicine certification; continuing education
Status: in_force

32-2815. Rules; bone densitometry certification; nuclear medicine certification; continuing education

A. The department shall adopt rules regarding the certification of practical technologists in bone densitometry to allow the certificate holder to apply ionizing radiation to a person's extremities through the use of a bone densitometry machine. The rules shall prescribe:

1. The minimum education and training qualifications for certification. The qualifications prescribed by the department shall allow a person who does not meet the education and training requirements of a radiologic technologist or a practical technologist in radiology to obtain a certificate as a practical technologist in bone densitometry.

2. The application and renewal fees.

B. Subsection A of this section does not prohibit a radiologic technologist or a practical technologist in radiology from operating a bone densitometry machine.

C. A person who wishes to practice as a nuclear medicine technologist must apply to the department for certification as prescribed by rule. The department shall adopt rules to establish minimum educational and training requirements for nuclear medicine technologists.

D. The department shall adopt rules to prescribe the following minimum continuing education requirements for the renewal of the following certificates:

1. Practical technologist in podiatry, two hours every two years.

2. Practical technologist in radiology, six hours every two years.

3. Practical technologist in bone densitometry, two hours every two years.

4. Unlimited practical technologist in radiology, twenty-four hours every two years.

5. Nuclear medicine technologist, twenty-four hours every two years.

6. Radiologist assistant, fifty hours every two years.

7. Radiologic technologist, twenty-four hours every two years.

8. Radiation therapy technologist, twenty-four hours every two years.

E. The department may require an applicant for renewal to document compliance with the appropriate continuing education requirements of subsection D of this section.
A.R.S. § 32-572 — Arizona Code / Title 32 / Chapter 5 / Article 6 / Section 572
32-572 Grounds for disciplinary action or refusal to issue or renew license or registration; definition
Status: in_force

32-572. Grounds for disciplinary action or refusal to issue or renew license or registration; definition

A. The board may take disciplinary action or refuse to issue or renew a license or registration for any of the following causes:

1. Continuing to perform barbering, cosmetology, aesthetics, nail technology, hairstyling or eyelash extension services if the person knowingly has an infectious or communicable disease.

2. Being convicted of a crime.

3. Committing an act involving dishonesty, fraud or deceit with the intent to substantially benefit oneself or another or substantially injure another.

4. Committing malpractice or incompetency.

5. Knowingly advertising by means of false, misleading, deceptive or fraudulent statements through communication media.

6. Violating this chapter or any rule adopted pursuant to this chapter.

7. Making oral or written false statements to the board.

8. Repeatedly failing to correct infractions of safety and sanitary requirements prescribed by the board in its rules.

9. Failing to comply with an order of the board.

B. A licensee's or registrant's conviction of a crime or act is not a cause for the board to refuse to issue or renew a license or registration unless the crime or act is substantially related to the qualifications, functions or duties of the license or registration for which application is made.

C. The expiration, cancellation, suspension or revocation of a license or registration or a licensee's or registrant's voluntary surrender of a license or registration does not deprive the board of jurisdiction to do any of the following:

1. Proceed with an investigation of a licensee or registrant.

2. Proceed with an action or disciplinary proceeding against a licensee or registrant.

3. Suspend or revoke a license or registration.

4. Deny the renewal or right of renewal of a license or registration.

D. For the purposes of this section, "conviction" means a plea or verdict of guilty or a conviction following a plea of no contest.
A.R.S. § 32-1761 — Arizona Code / Title 32 / Chapter 16 / Article 4 / Section 1761
32-1761 Referral of patient to licensed physician required on finding of certain symptomatic conditions
Status: in_force

32-1761. Referral of patient to licensed physician required on finding of certain symptomatic conditions

An optometrist licensed pursuant to this chapter and providing service to any person shall refer such person to a physician licensed pursuant to chapter 13 or 17 of this title when such optometrist finds an indication of the presence of a disease or condition of the eye requiring treatment outside the scope of practice of the profession of optometry as defined in section 32-1701.
A.R.S. § 32-2198.09 — Arizona Code / Title 32 / Chapter 20 / Article 10 / Section 2198.09
32-2198.09 Fees
Status: in_force

32-2198.09. Fees

A. Each application for a membership camping public report shall be accompanied by a fee of five hundred dollars.

B. Each application for amendment or renewal of a public report shall be accompanied by a fee of three hundred dollars.

C. Each application for a special order of exemption shall be accompanied by a fee of one hundred dollars.
A.R.S. § 32-1297.04 — Arizona Code / Title 32 / Chapter 11 / Article 5 / Section 1297.04
32-1297.04 Fees
Status: in_force

32-1297.04. Fees

The board shall establish and collect fees, not to exceed the following amounts:

1. For an examination in jurisprudence, two hundred fifty dollars.

2. For each replacement or duplicate certificate, twenty-five dollars.
A.R.S. § 32-1263.03 — Arizona Code / Title 32 / Chapter 11 / Article 3 / Section 1263.03
32-1263.03 Investigation committee; complaints; termination; review
Status: in_force

32-1263.03. Investigation committee; complaints; termination; review

A. If established by the board, the investigation committee may terminate a complaint if the investigation committee's review indicates that the complaint is without merit and that termination is appropriate.

B. The investigation committee may not terminate a complaint if a court has entered a medical malpractice judgment against a licensee.

C. At each regularly scheduled board meeting, the investigation committee shall provide to the board a list of each complaint the investigation committee terminated pursuant to subsection A of this section since the preceding board meeting. On review, the board shall approve, modify or reject the investigation committee's action.

D. A person who is aggrieved by an action taken by the investigation committee pursuant to subsection A of this section may file a written request that the board review that action.  The request must be filed within thirty days after that person is notified of the investigation committee's action by personal delivery or, if the notification is mailed to that person's last known residence or place of business, within thirty-five days after the date on the notification.  At the next regular board meeting, the board shall review the investigation committee's action.  On review, the board shall approve, modify or reject the investigation committee's action.
A.R.S. § 32-1800 — Arizona Code / Title 32 / Chapter 17 / Article 1 / Section 1800
32-1800 Definitions
Status: in_force

32-1800. Definitions

In this chapter, unless the context otherwise requires:

1. "Active license" means a valid license to practice medicine and includes the license of a licensee who has been placed on probation or on whose license the board has placed restrictions.

2. "Address of record" means either:

(a) The address where a person who is regulated pursuant to this chapter practices medicine or is otherwise employed.

(b) The residential address of a person who is regulated pursuant to this chapter if that person has made a written request to the board that the board use that address as the address of record.

3. "Adequate records" means legible medical records containing, at a minimum, sufficient information to identify the patient, support the diagnosis, justify the treatment, accurately document the results, indicate advice and cautionary warnings provided to the patient and provide sufficient information for another licensed health care practitioner to assume continuity of the patient's care at any point in the course of treatment.

4. "Administrative warning" means a disciplinary action by the board in the form of a written warning to a physician of a violation of this chapter involving patient care that the board determines falls below the community standard.

5. "Approved postgraduate training program" means that an applicant for licensure successfully completed training when the hospital or other facility in which the training occurred was approved for a postgraduate internship, residency or fellowship by the American osteopathic association or by the accreditation council for graduate medical education.

6. "Approved school of osteopathic medicine" means a school or college offering a course of study that, on successful completion, results in the awarding of the degree of doctor of osteopathy and whose course of study has been approved or accredited by the American osteopathic association.

7. "Board" means the Arizona board of osteopathic examiners in medicine and surgery.

8. "Decree of censure" means a formal written reprimand by the board of a physician for a violation of this chapter that constitutes a disciplinary action against a physician's license.

9. "Direct supervision" means that a physician is within the same room or office suite as the unlicensed person in order to be available for consultation regarding those tasks the unlicensed person performs pursuant to section 32-1859.

10. "Dispense" means the delivery by a physician of a prescription drug or device to a patient, except for samples packaged for individual use by licensed manufacturers or repackagers of drugs, and includes the prescribing, administering, packaging, labeling and security necessary to prepare and safeguard the drug or device for delivery.

11. "Doctor of osteopathy" means a person who holds a license, registration or permit to practice medicine pursuant to this chapter.

12. "Immediate family" means the spouse, natural or adopted children, father, mother, brothers and sisters of the physician and the natural and adopted children, father, mother, brothers and sisters of the physician's spouse.

13. "Inappropriate fee" means a fee that is not supported by documentation of time, complexity or extreme skill required to perform the service.

14. "Investigative hearing" means a meeting between the board and a physician to discuss issues set forth in the investigative hearing notice and during which the board may hear statements from board staff, the complainant, the physician and witnesses, if any.

15. "Letter of concern" means an advisory letter to notify a physician that while there is insufficient evidence to support disciplinary action against the physician's license there is sufficient evidence for the board to notify the physician of its concern.

16. "Limited license" means a license that restricts the scope and setting of a licensee's practice.

17. "Medical assistant" means an unlicensed person who has completed an educational program approved by the board, who assists in a medical practice under the supervision of a doctor of osteopathic medicine and who performs delegated procedures commensurate with the assistant's education and training but who does not diagnose, interpret, design or modify established treatment programs or violate any statute.

18. "Medicine" means osteopathic medicine as practiced by a person who receives a degree of doctor of osteopathy.

19. "Physician" means a doctor of osteopathy who holds a license, a permit or a locum tenens registration to practice osteopathic medicine pursuant to this chapter.

20. "Practice of medicine" or "practice of osteopathic medicine" means all of the following:

(a) To examine, diagnose, treat, prescribe for, palliate, prevent or correct human diseases, injuries, ailments, infirmities and deformities, physical or mental conditions, real or imaginary, by the use of drugs, surgery, manipulation, electricity or any physical, mechanical or other means as provided by this chapter.

(b) Suggesting, recommending, prescribing or administering any form of treatment, operation or healing for the intended palliation, relief or cure of any physical or mental disease, ailment, injury, condition or defect.

(c) The practice of osteopathic medicine alone or the practice of osteopathic surgery or osteopathic manipulative therapy, or any combination of either practice.

21. "Specialist" means a physician who has successfully completed postdoctoral training in an approved postgraduate training program, an approved preceptorship or an approved residency or who is board certified by a specialty board approved by the board.

22. "Subscription provider of health care" means an entity that, through contractual agreement, is responsible for the payment, in whole or in part, of debts incurred by a person for medical or other health care services.
A.R.S. § 32-3233 — Arizona Code / Title 32 / Chapter 32 / Article 2 / Section 3233
32-3233 Lasers; IPL devices; authorized use; authorized supervision
Status: in_force

32-3233. Lasers; IPL devices; authorized use; authorized supervision

A. A health professional may register, operate and use a laser or IPL device that is registered with the department or administer drugs or devices for cosmetic purposes to the extent the use is allowed by the health professional's scope of practice and the health professional has completed any training required by the health professional's regulatory board and the department.

B. A health professional may supervise another health professional in the use of a laser or IPL device for cosmetic purposes to the extent the supervision is allowed or required by the supervising health professional's scope of practice and the supervising health professional has completed any training required by the supervising health professional's regulatory board and the department.

C. The health professional's regulatory board shall investigate any complaint from the public or another board or agency involving the training, education, supervision or use of a laser or IPL device. A health professional shall report to the department any complaint received about the training or performance of a laser technician.

D. A health professional may supervise a laser technician in the use of a laser or IPL device for cosmetic purposes if:

1. The health professional is licensed pursuant to either:

(a) Chapter 11, article 2 of this title and specializes in oral and maxillofacial surgery.

(b) Chapter 13, 14, 15, 17 or 25 of this title and the supervision is within the health professional's scope of practice.

2. The supervision does not conflict with the requirements of this article.

3. The laser technician has been certified by the department to use a laser or IPL device for hair removal or other cosmetic procedures.

E. A laser technician who wishes to perform cosmetic laser procedures and procedures using IPL devices must:

1. Successfully complete forty hours of didactic training as required by department rules at a department-certified training program. The program shall provide a provisional certificate to the applicant verifying the successful completion of the didactic training.

2. For hair removal, complete hands-on training that is supervised by a health professional who is acting within the health professional's scope of practice or by a laser technician who has a minimum of one hundred hours of hands-on experience per procedure. The health professional or laser technician must be present in the room during twenty-four hours of hands-on use of lasers or IPL devices. The supervising health professional or supervising laser technician shall verify that the laser technician has completed the training and supervision as prescribed by this section.

3. For other cosmetic laser and IPL device procedures, complete a minimum of an additional twenty-four hours of hands-on training of at least ten cosmetic procedures for each type of procedure that is supervised by a health professional who is acting within the health professional's scope of practice or by a laser technician who has a minimum of one hundred hours of hands-on experience per procedure. The health professional or laser technician must be present in the room during twenty-four hours of hands-on use of lasers or IPL devices. The supervising health professional or supervising laser technician shall verify that the laser technician has completed the training and supervision as prescribed by this section.

4. Submit to the department the provisional certificate from the training program and certification by the health professional or laser technician who directly supervised the applicant in the room during the hands-on training.

F. The department shall issue a laser technician certificate authorizing the use of lasers and IPL devices only for hair removal if the applicant meets the applicable requirements of subsection E of this section, or for hair removal and other cosmetic procedures if the applicant meets the applicable requirements of subsection E of this section.  The department shall maintain a current register of those laser technicians in good standing and whether certification is only for hair removal or for hair removal and other cosmetic procedures. The department may establish a fee for the registration of laser technicians and the issuance of certificates pursuant to this subsection.  The department shall deposit monies collected pursuant to this subsection in the laser safety fund established by section 32-3234.

G. A laser technician who has been using laser and IPL devices before November 24, 2009 may continue to do so if the laser technician applies for and receives a certificate pursuant to this section before October 1, 2010.

H. A laser technician may use a laser or IPL device in the following circumstances:

1. For hair removal under the indirect supervision of a health professional whose scope of practice permits the supervision.

2. For cosmetic purposes other than hair removal if the laser technician is directly supervised by a health professional whose scope of practice permits the supervision.

I. The supervising health professional, the employer of a laser technician and the registrant who owns or operates the laser or IPL device are subject to disciplinary action by the appropriate regulatory board for any errors made by a laser technician or for the use of a laser or IPL device that is not allowed by this article. A person who employs a person who operates a laser or IPL device must report any misuse of a laser or IPL device to the operator's regulatory board and to the department.

J. The department shall investigate any complaint from a member of the public or another board or agency involving the training, education, practice or complaint of harm resulting from a laser technician performing procedures for cosmetic purposes under this article and shall take appropriate disciplinary action as necessary, including revocation of the laser technician's certification or revocation of a registrant's or employer's license to own or operate a laser or IPL device.
A.R.S. § 32-1696 — Arizona Code / Title 32 / Chapter 15.1 / Article 3 / Section 1696
32-1696 Unlawful acts; grounds for disciplinary action; classification
Status: in_force

32-1696. Unlawful acts; grounds for disciplinary action; classification

A. It is unlawful to:

1. Obtain or attempt to obtain a license by fraud or misrepresentation or by knowingly taking advantage of a mistake of another person or agency.

2. Hire, procure or induce a person to act as a licensed dispensing optician if the person is not licensed to practice as a dispensing optician.

3. Give, pay or receive, or offer to give, pay or receive, directly or indirectly, any gift, premium, discount, rebate or remuneration to or from any physician or optometrist in return for the referral of patients or customers.

4. Engage in false or misleading representations by knowingly and with the intent to sell to the public real or personal property or services, or to induce the public to acquire an interest in real or personal property or services, make and publish an advertisement, either printed or by public proclamation, or otherwise, containing any false, fraudulent, deceptive or misleading representations in respect to such property or services or the manner of sale or distribution.

5. Provide any examination or treatment of the eye or advertise eye examinations without the disclaimer "by independent doctor of optometry", "by independent doctor of ophthalmology" or "by independent physician licensed pursuant to title 32, chapter 13 or 17, Arizona Revised Statutes".

6. Use any means to measure the refractive value of the human eye, except nonrefractive, nondiagnostic devices, such as a keratometer, ophthalmometer or other instrumentation that is required to fit a contact lens to an intended wearer.

7. Make use of any advertising statement of a character tending to indicate to the public superiority of any particular system or type of eyesight examination or treatment over that provided by other licensed ocular practitioners.

8. Fraudulently, dishonestly, illegally or unprofessionally conduct the practice of optical dispensing or engage in any conduct that would tend to do harm to the visual health of the public.

B. A person who violates this chapter or a board rule is subject to disciplinary action as prescribed in this article.

C. A person or licensee who violates subsection A, paragraph 1, 4, 5 or 8 is guilty of a class 1 misdemeanor. A person or licensee who violates subsection A, paragraph 2, 3, 6 or 7 is guilty of a class 2 misdemeanor.
A.R.S. § 32-1391.11 — Arizona Code / Title 32 / Chapter 12 / Article 5 / Section 1391.11
32-1391.11 Prearranged funeral agreements funded by trust; sales; restrictions
Status: in_force

32-1391.11. Prearranged funeral agreements funded by trust; sales; restrictions

It is unlawful for a person to offer or sell prearranged funeral agreements funded by trust unless the person is a registered salesperson or the designated funeral director employed or otherwise engaged by a funeral establishment that has been issued a prearranged funeral sales endorsement to its establishment license.
A.R.S. § 32-147 — Arizona Code / Title 32 / Chapter 1 / Article 3 / Section 147
32-147 Board reports; immunity
Status: in_force

32-147. Board reports; immunity

Any person may report to the board any information the person may have which appears to show grounds for disciplinary action under the provisions of this chapter or rules of the board. A person who reports or provides information to the board in good faith is not subject to an action for civil damages as a result, and the person's name shall not be disclosed if confidentiality is requested by the person, unless the person's testimony is essential to the disciplinary proceedings conducted under this section.
A.R.S. § 32-2199.01 — Arizona Code / Title 32 / Chapter 20 / Article 11 / Section 2199.01
32-2199.01 Hearing; rights and procedures
Status: in_force

32-2199.01. Hearing; rights and procedures

A. For a dispute between an owner and a condominium association or planned community association that is regulated pursuant to title 33, chapter 9 or 16, the owner or association may petition the department for a hearing concerning violations of condominium documents or planned community documents or violations of the statutes that regulate condominiums or planned communities. The petitioner shall file a petition with the department and pay a filing fee in an amount to be established by the commissioner.  The filing fee shall be deposited in the condominium and planned community hearing office fund established by section 32-2199.05. On dismissal of a petition at the request of the petitioner before a hearing is scheduled or by stipulation of the parties before a hearing is scheduled, the filing fee shall be refunded to the petitioner.  The department does not have jurisdiction to hear:

1. Any dispute among or between owners to which the association is not a party.

2. Any dispute between an owner and any person, firm, partnership, corporation, association or other organization that is engaged in the business of designing, constructing or selling a condominium as defined in section 33-1202 or any property or improvements within a planned community as defined in section 33-1802, including any person, firm, partnership, corporation, association or other organization licensed pursuant to this chapter, arising out of or related to the design, construction, condition or sale of the condominium or any property or improvements within a planned community.

B. The petition shall be in writing on a form approved by the department, shall list the complaints and shall be signed by or on behalf of the persons filing and include their addresses, stating that a hearing is desired, and shall be filed with the department.

C. On receipt of the petition and the filing fee the department shall mail by certified mail a copy of the petition along with notice to the named respondent that a response is required within twenty days after mailing of the petition showing cause, if any, why the petition should be dismissed.

D. After receiving the response, the commissioner or the  commissioner's designee shall promptly review the petition for hearing and, if justified, refer the petition to the office of administrative hearings. The commissioner may dismiss a petition for hearing if it appears to the commissioner's satisfaction that the disputed issue or issues have been resolved by the parties.

E. Failure of the respondent to answer is deemed an admission of the allegations made in the petition, and the commissioner shall issue a default decision.

F. Informal disposition may be made of any contested case.

G. Either party or the party's authorized agent may inspect any file of the department that pertains to the hearing, if the authorization is filed in writing with the department.

H. At a hearing conducted pursuant to this section, a corporation may be represented by a corporate officer, employee or contractor of the corporation who is not a member of the state bar if:

1. The corporation has specifically authorized the officer, employee or contractor of the corporation to represent it.

2. The representation is not the officer's, employee's or contractor of the corporation's primary duty to the corporation but is secondary or incidental to the officer's, employee's or contractor of the corporation's, limited liability company's, limited liability partnership's, sole proprietor's or other lawfully formed and operating entity's duties relating to the management or operation of the corporation.
A.R.S. § 32-2134 — Arizona Code / Title 32 / Chapter 20 / Article 2 / Section 2134
32-2134 Temporary cemetery salesperson's license
Status: in_force

32-2134. Temporary cemetery salesperson's license

Notwithstanding any other provision of law to the contrary, the commissioner may issue without examination to any person who has applied and otherwise qualifies for a cemetery salesperson's license, a temporary cemetery salesperson's license good for a period not to exceed ninety days from the date of issuance. An applicant shall not be entitled to more than one temporary license without examination. An employing cemetery broker shall certify by affidavit to the commissioner that the temporary license applicant has been trained in applicable Arizona cemetery and contract law.
A.R.S. § 32-2091.11 — Arizona Code / Title 32 / Chapter 19.1 / Article 4 / Section 2091.11
32-2091.11 Injunction
Status: in_force

32-2091.11. Injunction

A. The board may petition the superior court for an order to enjoin the following:

1. A person who is not licensed pursuant to this article from practicing behavior analysis.

2. The activities of a licensee that are an immediate threat to the public.

3. Criminal activities.

B. If the board seeks an injunction to stop the unlicensed practice of behavior analysis, it is sufficient to charge that the respondent on a certain day in a specific county engaged in the practice of behavior analysis without a license and without being exempt from the licensure requirements of this article. It is not necessary to show specific damages or injury.

C. The issuance of an injunction does not limit the board's authority to take other action against a licensee pursuant to this article.
A.R.S. § 32-2249 — Arizona Code / Title 32 / Chapter 21 / Article 4 / Section 2249
32-2249 Disciplinary action; grounds; emergency care by technician; letter of concern
Status: in_force

32-2249. Disciplinary action; grounds; emergency care by technician; letter of concern

A. Except as provided in subsection B of this section, the board may:

1. Take one or more of the following actions:

(a) Revoke or suspend a certificate.

(b) Issue a decree of censure.

(c) Place a certified veterinary technician on probation.

(d) Impose a civil penalty not to exceed one thousand dollars per violation.

2. Take one or more of the actions described in paragraph 1 for any of the following reasons:

(a) The employment of fraud, misrepresentation or deception in obtaining certification.

(b) Conviction on a charge of cruelty to animals or conviction of a felony, in which case the record of such conviction will be conclusive evidence.

(c) Chronic inebriety or habitual use of narcotics, dangerous drugs or controlled substances.

(d) Gross ignorance or inefficiency in connection with the performance of technical procedures in veterinary medicine.

(e) Representing himself as a doctor of veterinary medicine.

(f) Violating or attempting to violate, directly or indirectly, or assisting or abetting the violation or conspiracy to violate any of the provisions of this chapter, a rule adopted under this chapter or a written order of the board issued pursuant to this chapter.

(g) Practicing veterinary medicine.

(h) Gross incompetence or gross negligence.

(i) Following orders that are in violation of this chapter or rules adopted pursuant to this chapter.

B. In an emergency, a certified veterinary technician may render emergency care or first aid if the technician is supervised telephonically by a licensed veterinarian or until a licensed veterinarian arrives.  This does not preclude emergency care as outlined in section 32-2261.

C. If the board receives information indicating that a certified veterinary technician may have engaged in unprofessional or dishonorable conduct and it appears after investigation that the information may be true, the board may request an informal interview. If the certified veterinary technician refuses the interview or if other evidence relating to the technician's professional competence indicates that disciplinary action should be taken, the board may take the action as prescribed by subsection A of this section.

D. If, as a result of information ascertained during an investigation, informal interview or formal hearing of a certified veterinary technician, the board has concern for the certified veterinary technician's conduct but has not found the conduct to be a reason listed in subsection A of this section, the board may issue a letter of concern to the technician regarding the technician's conduct.
A.R.S. § 32-505 — Arizona Code / Title 32 / Chapter 5 / Article 1 / Section 505
32-505 Barbering and cosmetology fund
Status: in_force

32-505. Barbering and cosmetology fund

(L24, Ch. 222, sec. 3.  Eff. until 7/1/28)

A. The barbering and cosmetology fund is established.  Except as provided in subsection C of this section, before the end of each calendar month the board shall deposit, pursuant to sections 35-146 and 35-147, fifteen percent of all monies from whatever source that come into the possession of the board in the state general fund and deposit the remaining eighty-five percent in the barbering and cosmetology fund.

B. Except as provided in section 32-573, subsection G, monies deposited in the barbering and cosmetology fund are subject to section 35-143.01.

C. Monies from civil penalties received pursuant to section 32-571 shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 32-2423 — Arizona Code / Title 32 / Chapter 24 / Article 2 / Section 2423
32-2423 Application for agency license; financial responsibility; notice and opportunity to supply additional information
Status: in_force

32-2423. Application for agency license; financial responsibility; notice and opportunity to supply additional information

A. Every application for an original or renewal agency license to engage in the private investigator business shall set forth verified information to assist the department in determining the applicant's ability to meet the requirements prescribed in this chapter and shall contain the following:

1. The full name and business address of the applicant.

2. The name under which the applicant intends to do business.

3. A statement as to the general nature of the business in which the applicant intends to engage.

4. If the applicant is other than an individual, the full name and residence address of each of its associates.

5. A verified statement of the applicant's experience and qualifications.

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

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

8. Such other information, evidence, statements or documents as the director may reasonably require.

9. The fee prescribed pursuant to section 32-2407.

B. Before the issuance of an original or renewal agency license the applicant shall provide to the department:

1. A surety bond in the amount of $2,500.

2. A certificate of workers' compensation insurance, if applicable.

C. The bond shall be executed and acknowledged by the applicant as principal and by a corporation licensed to transact fidelity and surety business in this state as surety. The bond shall be continuous in form and shall run concurrently with the license period. The bond required by this section shall be in favor of the state for the benefit of any person injured by any acts of a private investigator or the private investigator’s agency or employees and is subject to claims by any person who is injured by these acts.

D. The department shall cancel the agency license of any licensed agency on the cancellation of the surety bond. The qualifying party may reinstate the agency license on filing:

1. A surety bond that is concurrent with the remainder of the license period.

2. Payment of the reinstatement fee prescribed pursuant to section 32-2407.

E. If an application is incomplete, the department shall notify the applicant pursuant to section 41-1074. If the department requires additional information to make a decision on licensure, the department shall notify the applicant pursuant to section 41-1075. The department shall send notices under this subsection to the applicant's last known residential address and shall include sufficient information to assist the applicant in completing the application process.  The applicant has forty-five calendar days after the date of notification to provide the additional documentation. If the applicant fails to respond within forty-five calendar days, the application and any registration certificates issued are automatically suspended until the department receives the necessary documentation to approve or deny the application.
A.R.S. § 32-2074 — Arizona Code / Title 32 / Chapter 19.1 / Article 2 / Section 2074
32-2074 Active license; issuance; renewal; expiration; continuing education; cancellation of active license
Status: in_force

32-2074. Active license; issuance; renewal; expiration; continuing education; cancellation of active license

A. If the applicant satisfies all of the requirements for licensure pursuant to this chapter, the board shall issue an active license and shall prorate the fee for issuing that license for the period remaining until the last day of the birth month of the applicant of the next odd-numbered year or even-numbered year pursuant to subsection B, paragraph 1 or 2 of this section.

B. Except as provided in section 32-4301, a person holding an active or an inactive license shall apply to renew the license on or before the last day of the birth month of the licensee every other year as follows:

1. In each odd-numbered year, if the licensee holds an odd-numbered license.

2. In each even-numbered year, if the licensee holds an even-numbered license.

C. The application shall include any applicable renewal fee.  Except as provided in section 32-4301 or 41-1092.11, a license expires if the licensee fails to renew the license on or before the last day of the licensee's birth month of the licensee's renewal year pursuant to subsection B of this section. A licensee may reinstate an expired license by paying a reinstatement fee within two months after the last day of the licensee's birth month in that year.  Beginning two months after the last day of the licensee's birth month during the licensee's renewal year until the last day of the licensee's birth month the following year, a licensee may reinstate the license by paying a reinstatement fee and providing proof of competency and qualifications to the board. This proof may include continuing education, an oral examination, a written examination or an interview with the board. A licensee whose license is not reinstated within a year after the last day of the licensee's birth month of the licensee's renewal year may reapply for licensure as prescribed by this chapter. A notice to renew is fully effective by mailing or electronically providing the notice to the licensee's last known address of record or last known email address of record in the board's file. Notice is complete at the time of deposit in the mail or when the email is sent.

D. A person renewing a license shall attach to the completed renewal form a report of disciplinary actions or restrictions placed against the license by another state licensing or disciplinary board or disciplinary actions or sanctions imposed by a state or national psychology ethics committee or health care institution. The report shall include the name and address of the sanctioning agency or health care institution, the nature of the action taken and a general statement of the charges leading to the action.

E. A person who renews an active license to practice psychology in this state shall satisfy a continuing education requirement designed to provide the necessary understanding of current developments, skills, procedures or treatment related to the practice of psychology in the amount and during the period the board prescribes. The board shall prescribe documentation requirements.

F. On request of an active licensee, the board may cancel the license if the licensee is not presently under investigation by the board and the board has not initiated any disciplinary proceeding against the licensee.

G. A person who applies for an initial renewal of a license pursuant to this section on or after January 1, 2022 shall possess or have applied for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.
A.R.S. § 32-2181.02 — Arizona Code / Title 32 / Chapter 20 / Article 4 / Section 2181.02
32-2181.02 Exempt sales and leases
Status: in_force

32-2181.02. Exempt sales and leases

A. The following are exempt under this article:

1. The sale or lease in bulk of six or more lots, parcels or fractional interests to one buyer in one transaction.

2. The sale or lease of lots or parcels of one hundred sixty acres or more.

B. The following are exempt from section 32-2181, subsection A and section 32-2183, subsection A:

1. The sale or lease of parcels, lots, units or spaces that are zoned and restricted to commercial or industrial uses.

2. The sale or lease of lots or parcels located in a single platted subdivision by a subdivider if:

(a) A public report has been issued within the past five years pursuant to this article on the subdivision lots or parcels.

(b) The subdivision meets all current requirements otherwise required of a subdivision under this article.

(c) The method of sale or lease of lots or parcels meets all current requirements under this article.

(d) The lots or parcels are included on a recorded subdivision plat that is approved by a municipal or county government.

(e) All roads within the subdivision, all utilities to the lots or parcels being offered for sale or lease and all other required improvements within the subdivision, other than a residence to be built, are complete, paid for and free of any blanket encumbrances.

(f) The roads, utilities or other improvements are not complete, but the completion of all improvements is assured pursuant to section 32-2183, subsection F.

(g) Except for matters relating to ownership and financing, there have been no material changes to the information set forth in the most recent public report issued for the subdivision lots that would require an amendment to the public report.

(h) No owner of a ten per cent or greater interest, subdivider, director, partner, agent, officer or developer of the subdivision has:

(i) Been convicted of a felony or any crime involving theft, dishonesty, violence against another person, fraud or real estate, regardless of whether the convictions were subsequently expunged.

(ii) Had a civil judgment entered against the person in a case involving allegations of misrepresentation, fraud, breach of fiduciary duty, misappropriation, dishonesty or, if the subject matter involved real property, securities or investments.

(iii) Had a business or professional license, including a real estate license, denied, suspended or revoked or voluntarily surrendered a business or professional license during the course of an investigative or disciplinary proceeding or other disciplinary action taken in this state or any other state.

(i) The sale of the subdivided lands violates no laws or ordinances of any governmental authority.

(j) Before the buyer's or lessee's execution of a purchase contract or lease, the subdivider has provided the buyer or lessee with a copy of the most recent public report on the lot and has taken a receipt from the buyer for the copy.

(k) The subdivider has provided to the buyer or lessee, along with the public report, a signed statement that the subdivider has reviewed and is in compliance with the terms of the exemption provided in this paragraph.

(l) Before sale or lease, the subdivider has notified the commissioner, on a form provided by the department, of the subdivider's intent to sell or lease lots or parcels pursuant to this paragraph. The notice shall include:

(i) The name, address and telephone number of the subdivider.

(ii) The name, address and telephone number of any real estate broker retained by the subdivider to make sales or leases of the lots.

(iii) The name and location of the subdivision.

(iv) The most recent subdivision public report reference number on the lots.

(v) The completion status of subdivision improvements.

3. The conveyance to a person who previously conveyed the lot to a home builder for the purpose of constructing a dwelling for the person.

4. The sale or lease by a person of individual lots or parcels that were separately acquired by the person from different persons and that were not acquired for the purpose of development if:

(a) The lots or parcels are not located in a platted subdivision.

(b) Each lot or parcel bears the same legal description that it bore when the lot or parcel was acquired by the person.

(c) The seller or lessor is in compliance with all other applicable state and local government requirements.

5. The sale of an improved lot in a subdivision that is located outside of this state if:

(a) The subdivision is located within the United States and the sale is exempt from the interstate land sales full disclosure act (P.L. 90-448; 82 Stat. 590; 15 United States Code sections 1701 through 1720).

(b) The subdivider is required by the state where the subdivision is located to deliver a public report or equivalent disclosure document to prospective purchasers and the subdivider delivers the report or equivalent disclosure document.

6. The sale of an improved lot in a subdivision located in this state where five or more sales were previously made by the seller if:

(a) The sale is the seller's first or second sale in the subdivision within the previous twelve month period.

(b) The subdivision is located within the corporate limits of a town or city.

(c) Electricity and telephone service are complete and available to the improved lot.

(d) Water and sewage service is complete and available to the improved lot.

(e) Streets and roads located outside of the subdivision provide permanent access to the subdivision and are complete and maintained by the county, town or city, or by a legally created and operational property owners' association.

(f) Streets within the subdivision are dedicated, provide permanent access to the lot, are complete to town or city standards and are maintained by the town or city or, in the case of private streets, a legally created and operational property owners' association accepts the responsibility of perpetual maintenance.

(g) All subdivision common area improvements, including landscaping, recreational facilities and other jointly used and maintained improvements, are complete and maintained by a legally created and operational property owners' association.

(h) The purchaser's down payment, earnest money, deposit or other advanced money is placed and held in a neutral escrow depository in this state until escrow closes and the deed is delivered to the purchaser.

(i) Within the previous twelve months the seller has not had an ownership interest in more than two lots in the subdivision, including an interest by option, an agreement for sale, a beneficial interest under a trust or a purchase contract.

C. Nothing in this section shall be construed to increase, decrease or otherwise affect any rights or powers granted the commissioner under this chapter.

D. This section does not apply to lands on which the commissioner has issued orders pursuant to sections 32-2154 and 32-2157 and section 32-2183, subsection M unless the commissioner has issued a public report on those lands subsequent to the date of the orders.

E. Nothing in this section shall be construed to increase, to decrease or to otherwise affect any rights or powers granted to political subdivisions of this state with respect to their jurisdictions.
A.R.S. § 32-905 — Arizona Code / Title 32 / Chapter 8 / Article 1 / Section 905
32-905 Executive director of board; duties; other personnel; immunity
Status: in_force

32-905. Executive director of board; duties; other personnel; immunity

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

B. The executive director shall:

1. Keep a record of the proceedings of the board.

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

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

4. Prepare bills for authorized expenditures of the board and obtain warrants from the director of the department of administration for payment of bills.

5. Administer oaths.

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

7. At the request of the board, do and perform any other duty not prescribed for the executive director elsewhere in this chapter.

C. Subject to title 41, chapter 4, article 4, the board may employ other personnel as it deems necessary to carry out the purposes of this chapter.

D. The executive director and a person acting pursuant to the executive director's direction is personally immune from civil liability for all actions taken in good faith pursuant to this chapter.
A.R.S. § 32-3073 — Arizona Code / Title 32 / Chapter 30 / Article 4 / Section 3073
32-3073 Powers and duties of board over fund
Status: in_force

32-3073. Powers and duties of board over fund

A. The board shall:

1. Administer the student tuition recovery fund.

2. Receive claims against the fund from persons injured and provide students' educational records from closed institutions.

3. Determine the amount of monies in any fiscal year to be drawn to administer the fund.

4. Deduct reasonable costs from the fund in addition to those allowed in paragraph 2 of this subsection for any of the following purposes:

(a) Seizing student records from a closed school.

(b) Processing student record requests.

(c) Reimbursing the board or a third party as the custodian of records.

5. Not later than ten business days after a board meeting, notify institutions, pursuant to section 32-3072, subsection C, that only institutions that are newly or provisionally licensed during or after that fiscal year shall pay the assessment.

6. Review the balance of the fund at the first board meeting that is held after June 30 of each year.

7. Adopt rules necessary to administer this article.

B. If an institution that is subject to assessments under section 32-3072 ceases operations with assessments unpaid to the board, the board and the attorney general shall recover the assessments from the institution.
A.R.S. § 32-1432.04 — Arizona Code / Title 32 / Chapter 13 / Article 2 / Section 1432.04
32-1432.04 Medical graduate transitional training permits; requirements; definitions
Status: in_force

32-1432.04. Medical graduate transitional training permits; requirements; definitions

A. The board or, if delegated, the executive director of the board shall grant a one-year transitional training permit to a graduate of an allopathic school of medicine who is not otherwise eligible to apply for a license to practice or a training permit pursuant to section 32-1432.02 or 32-1432.03 in this state if the applicant meets both of the following conditions:

1. Within a two-year period immediately preceding initial application for a transitional training permit, was either:

(a) Qualified to submit, and submitted, a valid application to an accredited internship or residency program but was not selected for a position.

(b) Selected for a position described in subdivision (a) of this paragraph but ended participation in the program before completion for a reason that would not be considered grounds for disciplinary action pursuant to section 32-1451.

2. Successfully completed steps one and two of the United States medical licensing examination or equivalent exams.

B. The transitional training permit may be renewed for two additional one-year periods if the permittee, in the year preceding an application for renewal, submits complete and valid applications to at least three accredited primary care internship or residency programs and is not selected for an internship or residency position.  The permittee shall provide the board with written documentation of the internship or residency program applications and the nonselections. A permittee may not hold a permit for an aggregate time period of more than thirty-six months.

C. The transitional training permit limits the permittee to function only under the supervision of a qualified physician within the setting of an eligible entity, which includes the following if located in this state:

1. A hospital or behavioral health facility that is licensed pursuant to title 36, chapter 4.

2. A patient care facility operated by or for any federally recognized American Indian tribe, the Indian health service, the United States veterans administration, a prison or a school or university.

3. A community health center or a federally qualified health center.

4. A private office or clinic where a supervising qualified physician practices and that is not a pain management clinic as defined in section 36-448.01.

D. An eligible entity contracting with or employing a permittee shall:

1. Provide to the permittee, in collaboration with the supervising qualified physician, ongoing clinical training related to the services that may be delegated to the permittee by the supervising qualified physician.

2. Be responsible, along with the supervising qualified physician, for all aspects of the performance of a permittee.

3. Ensure that the health care tasks performed by a permittee are within the permittee's scope of medical training, experience and competence and have been properly delegated and supervised by a qualified physician.

4. Ensure that during the permittee's first six months of full-time practice, all clinical encounters performed by the permittee are under the direct supervision of the supervising qualified physician. Subsequent encounters performed by the permittee after the initial six-month period may be under indirect supervision with direct supervision immediately available from the supervising qualified physician.

5. Ensure that all qualified physician supervision is documented.

6. Ensure that in all clinical or other patient encounters the permittee is clearly identified as a medical graduate in training.

7. Define the employment or contractual relationship with the permittee, including terms of compensation and benefits, billing and reimbursement and general and professional liability coverage.

8. Establish and document a process for evaluating the permittee's performance that includes a review by the supervising qualified physician of all medical records related to the clinical encounters performed by the permittee.

E. The supervising qualified physician may delegate to a permittee the performance of health care tasks that are of a nature typically delegated in an accredited internship or residency program, including the ability to provide delegated telehealth services that are of a similar nature, if all other conditions prescribed in this section are met.

F. Before employing or contracting with a permittee, an eligible entity shall notify the department of health services on a form prescribed by the department, or on an equivalent form from the entity, of all the following information:

1. The types and extent of medical training the entity plans to provide to the permittee.

2. The names of the qualified physicians who will supervise the permittee and the types of health care tasks that may be delegated to the permittee by those supervising qualified physicians.

G. An eligible entity shall post on its public website and submit to the department an annual report that includes all of the following:

1. The number of permittees and supervising qualified physicians employed by or contracted with the entity.

2. The length of time each permittee and supervising qualified physician has been employed by or contracted with the entity.

3. The total number of hours of medical education provided to each permittee.

4. The total number of hours of clinical care provided by each permittee.

5. The number of permittees who obtained a match with an accredited internship or residency program.

H. Before supervising a permittee, a qualified physician shall notify the board in writing of the qualified physician's agreement to serve as a supervising qualified physician. The notification shall include the name of the permittee and the name and location of the eligible entity at which the supervision will occur.

I. Before the board issues or renews a training permit under this section, the applicant or renewing permittee shall comply with the applicable registration requirements of this article and pay the fee, which shall be the same as the fee prescribed for an approved internship pursuant to section 32-1436.

J. This section does not require any eligible entity or qualified physician to establish a program to employ or contract with permittees as described in this section or require any qualified physician to assume supervision responsibilities for a permittee.

K. A permittee under this section:

1. Is subject to the disciplinary regulation of article 3 of this chapter.

2. Per one-year period, shall participate in at least sixty hours of continuing medical education programs approved by the board.

3. Shall notify the board on the permittee's acceptance to an accredited internship or residency program.

L. A supervising qualified physician under this section:

1. Is responsible for all aspects of a permittee's performance whether or not the supervising qualified physician employs the permittee.

2. Is responsible for supervising the permittee and ensuring that the health care tasks performed by the permittee are within the permittee's scope of medical training and experience, are appropriate to the permittee's level of competence and are properly delegated by the supervising qualified physician.

3. May allow a permittee to administer or dispense drugs under the conditions of section 32-1491 if the controlled substance permit under which the drugs are dispensed is either the supervising qualified physician's or the eligible entity's permit.

4. May serve as a supervising qualified physician for only one permittee at any one time.

5. Shall notify the board, the eligible entity and the permittee in writing if the permittee exceeds the scope of the delegated health care tasks to allow the board to investigate.

M. For the purposes of this section:

1. "Direct supervision" means the supervising qualified physician is physically present with the permittee and patient.

2. "Indirect supervision with direct supervision immediately available" means the supervising qualified physician is physically present within the hospital or other eligible entity site of patient care and is immediately available to provide direct supervision of the permittee.

3. "Permittee" means a person who holds a transitional training permit issued pursuant to this section.

4. "Qualified physician" means a physician who possesses a full and unrestricted license issued pursuant to this chapter to engage in the practice of medicine in this state and who is not currently under board discipline.
A.R.S. § 32-3321 — Arizona Code / Title 32 / Chapter 33 / Article 8 / Section 3321
32-3321 Licensed addiction technician; licensed associate addiction counselor; licensed independent addiction counselor; qualifications; supervision
Status: in_force

32-3321. Licensed addiction technician; licensed associate addiction counselor; licensed independent addiction counselor; qualifications; supervision

A. A person who wishes to be licensed by the board to engage in the practice of addiction counseling as a licensed addiction technician shall present documentation as prescribed by the board by rule that the person has:

1. Received one of the following:

(a) An associate degree in addiction with an emphasis on counseling that meets the requirements as prescribed by the board by rule from a regionally accredited college or university.

(b) A bachelor's degree in a behavioral science with an emphasis on counseling that meets the requirements as prescribed by the board by rule from a regionally accredited college or university.

2. Passed an examination approved by the board.

B. A licensed addiction technician shall practice only under direct supervision as prescribed by the board.

C. The board may waive the education requirement for an applicant requesting licensure as an addiction technician if the applicant provides services pursuant to contracts or grants with the federal government under the authority of Public Law 93-638 (25 United States Code sections 5301 through 5332) or Public Law 94-437 (25 United States Code sections 1601 through 1683). A person who becomes licensed as an addiction technician pursuant to this subsection shall provide addiction services only to those persons who are eligible for services pursuant to Public Law 93-638 (25 United States Code sections 5301 through 5332) or Public Law 94-437 (25 United States Code sections 1601 through 1683).

D. A person who wishes to be licensed by the board to engage in the practice of addiction counseling as a licensed associate addiction counselor shall present evidence as prescribed by the board by rule that the person has:

1. Received one of the following:

(a) A bachelor's degree in a behavioral science with an emphasis on counseling that meets the requirements as prescribed by the board by rule from a regionally accredited college or university and present documentation as prescribed by the board by rule that the applicant has received at least one thousand six hundred hours of direct client contact work experience in at least twenty-four months in addiction counseling under supervision that meets the requirements prescribed by the board by rule. For the direct client contact hours, not more than four hundred hours may be in psychoeducation.

(b) A master's or higher degree in a behavioral science with an emphasis on counseling as prescribed by the board by rule from a regionally accredited college or university.

2. Passed an examination approved by the board.

3. Provided an attestation from the person's supervisor on a board-approved form that the person both:

(a) Was observed during supervised hours to have demonstrated satisfactory competency in clinical documentation, consultation, collaboration and coordination of care related to clients to whom the person provided direct care.

(b) Has a rating of at least satisfactory in overall performance.

E. A licensed associate addiction counselor shall practice only under direct supervision as prescribed by the board.

F. A person who wishes to be licensed by the board to engage in the practice of addiction counseling as a licensed independent addiction counselor shall:

1. Have received a master's or higher degree in a behavioral science with an emphasis on counseling, in a program that is approved by the board pursuant to section 32-3253 or that meets the requirements as prescribed by the board by rule, from a regionally accredited college or university.

2. Present documentation as prescribed by the board by rule that the applicant has received at least one thousand six hundred hours of work experience in at least twenty-four months in addiction counseling with direct client contact under supervision that meets the requirements as prescribed by the board by rule. For the direct client contact hours, not more than four hundred hours may be in psychoeducation.

3. Pass an examination approved by the board.

4. Provide an attestation from the person's supervisor on a board-approved form that the person both:

(a) Was observed during supervised hours to have demonstrated satisfactory competency in clinical documentation, consultation, collaboration and coordination of care related to clients to whom the person provided direct care.

(b) Has a rating of at least satisfactory in overall performance.
A.R.S. § 32-1105 — Arizona Code / Title 32 / Chapter 10 / Article 1 / Section 1105
32-1105 Rulemaking powers for purposes of classifying and reclassifying contractors
Status: in_force

32-1105. Rulemaking powers for purposes of classifying and reclassifying contractors

A. The registrar may adopt rules necessary to classify contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of operations of a licensed contractor within any of the branches of the contracting business, as described in this chapter, in which the contractor is classified and qualified to engage.

B. The registrar shall establish by rule license classifications for dual licensed contractors. A contractor classified as a dual licensed contractor may perform equivalent construction work on both commercial and residential projects under a single license. The registrar shall adopt rules necessary to establish the scope of work that may be done under the dual license classifications.

C. A licensee may apply for classification and be classified in more than one classification after the licensee meets the qualifications prescribed by the registrar for such additional classification or classifications.

D.  This chapter does not prohibit a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades if the performance of the work in the crafts or trades other than those in which the specialty contractor is licensed is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.
A.R.S. § 32-1430 — Arizona Code / Title 32 / Chapter 13 / Article 2 / Section 1430
32-1430 License renewal; expiration
Status: in_force

32-1430. License renewal; expiration

A. Except as provided in section 32-4301, each person holding an active license to practice medicine in this state shall renew the license every other year on or before the licensee's birthday and shall pay the fee required by this article, accompanied by a completed renewal form. The board shall provide the renewal form online and, on request, shall mail the form to the licensee.  A licensee who does not renew an active license as required by this subsection on or before thirty days after the licensee's birthday must also pay a penalty fee as required by this article for late renewal. A licensee's license automatically expires if the licensee does not renew an active license within four months after the licensee's birthday. A person who practices medicine in this state after that person's active license has expired is in violation of this chapter.

B. A person renewing an active license to practice medicine in this state shall provide to the board as part of the renewal process a report of disciplinary actions, restrictions or any other action placed on or against that person's license or practice by another state licensing or disciplinary board or an agency of the federal government. This action may include denying a license or failing the special purpose licensing examination. The report shall include the name and address of the sanctioning agency or health care institution, the nature of the action taken and a general statement of the charges leading to the action taken.

C. The licensee shall submit proof with the renewal form of having completed a training unit as prescribed by the board relating to the requirements of this chapter and board rules.

D. A person whose license has expired may reapply for a license to practice medicine as provided in this chapter.
A.R.S. § 32-3424 — Arizona Code / Title 32 / Chapter 34 / Article 2 / Section 3424
32-3424 Examination for licensure of occupational therapists and occupational therapy assistants
Status: in_force

32-3424. Examination for licensure of occupational therapists and occupational therapy assistants

A. An applicant for licensure shall take a written examination approved and administered by the national board for certification in occupational therapy, incorporated. The examination shall test an applicant's knowledge of the basic and clinical services relating to providing occupational therapy services, techniques and methods.

B. The applicant shall arrange for the examination following successful completion of the academic and fieldwork requirements of section 32-3423 and submit evidence of successful completion of the examination.
A.R.S. § 32-4251 — Arizona Code / Title 32 / Chapter 42 / Article 3 / Section 4251
32-4251 Lawful practice
Status: in_force

32-4251. Lawful practice

A. A massage therapist shall refer a person requiring a treatment for a condition outside the scope of practice of a massage therapist to one or more appropriate health care practitioners if the massage therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice of massage therapy or if massage therapy is contraindicated.

B. A massage therapist shall adhere to the recognized standards and ethics of the massage therapy profession and as further established by rule.

C. This chapter does not authorize a massage therapist to practice any other profession regulated under this title and does not expand the scope of practice of any health care provider who is not licensed pursuant to this chapter but who is licensed pursuant to this title.
A.R.S. § 32-1151.02 — Arizona Code / Title 32 / Chapter 10 / Article 3 / Section 1151.02
32-1151.02 List of unlicensed contractors; website publication
Status: in_force

32-1151.02. List of unlicensed contractors; website publication

A. The registrar shall maintain a list of persons who have been convicted of contracting without a license in violation of section 32-1151 or administratively adjudicated to have been contracting without a license after being issued a civil citation pursuant to section 32-1166.01. The list shall include any known related business names that the persons described in this subsection have used. The list shall be published on the registrar's website.

B. The registrar shall remove a person and any known related business names that person used from the list within ten business days when the person becomes licensed pursuant to this chapter and submits a written request to the registrar requesting the person's name to be removed from the list.

C. If a member of the public requests a copy of the list prescribed  by subsection A of this section, the registrar shall provide a copy of the list.
A.R.S. § 32-2043 — Arizona Code / Title 32 / Chapter 19 / Article 3 / Section 2043
32-2043 Supervision; patient care management
Status: in_force

32-2043. Supervision; patient care management

A. A physical therapist is responsible for patient care given by assistive personnel, student physical therapists and student physical therapist assistants under the physical therapist's supervision. A physical therapist may delegate to assistive personnel and supervise selected acts, tasks or procedures that fall within the scope of physical therapy practice but that do not exceed the education or training of the assistive personnel.

B. A physical therapist assistant who is licensed pursuant to this chapter may provide physical therapy services under the general supervision of a physical therapist who is licensed pursuant to this chapter.

C. A physical therapy aide and other assistive personnel shall perform designated routine tasks only under the on-site supervision of a licensed physical therapist.

D. A licensed physical therapist must provide on-site supervision of an interim permit holder.

E. A physical therapist student and a physical therapist assistant student must practice under the on-site supervision of a licensed physical therapist.

F. A physical therapist is responsible for managing all aspects of the physical therapy care of each patient.  A physical therapist must provide:

1. The initial evaluation of and documentation for a patient.

2. Periodic reevaluation of and documentation for a patient.

3. The documented discharge of a patient, including the response to therapeutic intervention at the time of discharge.

G. A physical therapist must verify the qualifications of physical therapist assistants and other assistive personnel under the physical therapist's direction and supervision.

H. For each patient on each date of service, a physical therapist must provide and document all of the therapeutic intervention that requires the expertise of a physical therapist to ensure the delivery of care that is safe, effective and efficient.  Documentation for each date of service must be as prescribed by the board by rule.

I. A physical therapist assistant must document care provided but may do so without the cosignature of the supervising physical therapist if the physical therapist complies with the requirements of subsections G and H of this section.

J. A physical therapist's responsibility for patient care management includes accurate documentation and billing of the services provided.
A.R.S. § 32-2073 — Arizona Code / Title 32 / Chapter 19.1 / Article 2 / Section 2073
32-2073 Temporary licenses; inactive status; reinstatement to active status
Status: in_force

32-2073. Temporary licenses; inactive status; reinstatement to active status

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

B. The board may issue a temporary license to an individual who submits an application for temporary licensure, who is working under supervision for postdoctoral experience and who meets the requirements of section 32-2071, subsections A, B, C and D, as applicable. The individual's postdoctoral experience must meet the requirements of section 32-2071, subsection G. The applicant shall submit the written training plan for the supervised professional experience required in section 32-2071, subsection G, paragraph 7 as part of the application for the temporary license.

C. A temporary license issued pursuant to subsection A of this section is effective from the date that the application is approved until the last day of the month in which the applicant receives the results of the additional examination as provided in section 32-2072.

D. A temporary license issued pursuant to subsection A of this section shall not be extended, renewed, reissued or allowed to continue in effect beyond the period authorized by this section.

E. A temporary license issued pursuant to subsection B of this section is effective for thirty-six months after the date the application is approved and is subject to an initial license fee pursuant to section 32-2067, subsection A, paragraph 4.  A temporary license is not subject to renewal.

F. Denial of an application for licensure terminates a temporary license.

G. 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 psychologist 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 psychologist who is retired is exempt from paying the renewal fee. A psychologist may request voluntary inactive status by submitting to the board an application on a form prescribed by the board and an affirmation that the psychologist shall not practice as a psychologist in this state for the duration of the voluntary inactive status and paying the required fee.

H. A psychologist 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. 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 psychologist 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 psychologist.

I. A psychologist 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 chapter and whether the person has maintained and updated the person's professional knowledge and capability to practice as a psychologist. 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.

J. 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. § 32-1923 — Arizona Code / Title 32 / Chapter 18 / Article 2 / Section 1923
32-1923 Interns and intern preceptors; qualifications; licensure; purpose of internship
Status: in_force

32-1923. Interns and intern preceptors; qualifications; licensure; purpose of internship

A. A pharmacist who meets the qualifications established by the board to supervise the training of a pharmacy intern shall comply with the rules of the board and be known as a pharmacy intern preceptor.

B. A person shall not act as a pharmacy intern until that person is licensed by the board. An employer shall verify that a person is currently licensed as a pharmacy intern before the employer allows that person to act as a pharmacy intern.

C. The board shall establish the preliminary educational qualifications for all pharmacy interns, which may include enrollment and attendance in a school or college of pharmacy approved by the board.

D. A pharmacy intern who is currently licensed may be employed in a pharmacy or any other place approved and authorized by the board for training interns and shall receive instruction in the practice of pharmacy, including manufacturing, wholesaling, dispensing of drugs and devices, compounding and dispensing prescription orders, clinical pharmacy, providing drug information, keeping records and making reports required by state and federal laws and other experience that, in the discretion of the board, provides the intern with the necessary experience to practice the profession of pharmacy. Pharmacy interns may compound, dispense and sell drugs, devices and poisons or perform other duties of a pharmacist only in the presence and under the immediate personal supervision of a pharmacist.

E. Intern training and licensure as a pharmacy intern under this section are for the purpose of acquiring practical experience in the practice of the profession of pharmacy before becoming licensed as a pharmacist and are not for the purpose of continued licensure under the pharmacy laws. If a pharmacy intern fails to complete pharmacy education within a period of six years, the intern is not eligible for relicensure as an intern without an acceptable explanation to the board that the intern intends to be and is working toward becoming a pharmacist.

F. The board may accept the experience of a pharmacy intern acquired in another jurisdiction on proper certification by the other jurisdiction.
A.R.S. § 32-1342 — Arizona Code / Title 32 / Chapter 12 / Article 2.1 / Section 1342
32-1342 Alkaline hydrolysis facilities; requirements
Status: in_force

32-1342. Alkaline hydrolysis facilities; requirements

A. An alkaline hydrolysis facility licensed under this article must meet all of the following:

1. Have a building or structure that complies with applicable local and state building codes, zoning laws and ordinances and wastewater management and environmental standards and that contains one or more alkaline hydrolysis vessels.

2. Use a method that is approved by the department to dry the hydrolyzed remains and that occurs within the licensed facility.

3. Have an appropriate refrigerated holding facility or another means for refrigerating dead human bodies awaiting alkaline hydrolysis that maintains dead human bodies at or below thirty-eight degrees fahrenheit.

B. An alkaline hydrolysis facility:

1. Shall employ a licensed alkaline hydrolysis operator to carry out the process of alkaline hydrolysis.  This paragraph does not apply if the alkaline hydrolysis facility is operated or supervised by a responsible cremationist.

2. Shall provide proper procedures for all personnel.

3. Shall comply with this chapter and other applicable state and federal laws relating to occupational and workplace health and safety.
A.R.S. § 32-2085 — Arizona Code / Title 32 / Chapter 19.1 / Article 3 / Section 2085
32-2085 Confidential communications
Status: in_force

32-2085. Confidential communications

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

B. The psychologist shall ensure that client or patient records and communications are treated by clerical and paraprofessional staff at the same level of confidentiality and privilege required of the psychologist.
A.R.S. § 32-3403 — Arizona Code / Title 32 / Chapter 34 / Article 1 / Section 3403
32-3403 Executive director; personnel; duties; compensation
Status: in_force

32-3403. Executive director; personnel; duties; compensation

A. Subject to title 41, chapter 4, article 4, the board may employ and discharge an executive director and other officers and employees as it deems necessary and designate their duties.  Board personnel are eligible to receive compensation as determined pursuant to section 38-611.

B. The executive director shall:

1. Issue and document licenses approved by the board.

2. Keep a record of the status of licenses and licensees.

3. Keep a record of the status of applicants, including those whose applications are denied.

4. Perform tasks and duties assigned by the board.

5. Collect fees and maintain accounting records according to generally accepted accounting principles.
A.R.S. § 32-1327 — Arizona Code / Title 32 / Chapter 12 / Article 2 / Section 1327
32-1327 National board examination
Status: in_force

32-1327. National board examination

A. A person who desires to take the national board examination shall submit to the department:

1. An examination application on a form prescribed by the department.

2. Documentation of a high school diploma or its equivalent.

3. Documentation of the person's graduation from an accredited or provisionally accredited school of mortuary science.

4. All applicable fees pursuant to section 32-1309.

B. A person who takes the national board examination must achieve a passing score according to the standards of the international conference of funeral service examining boards.

C. The department shall accept a passing score that an applicant achieved on the national board examination taken within the five years immediately preceding the date that the applicant filed a license application with the department.
A.R.S. § 32-588 — Arizona Code / Title 32 / Chapter 5 / Article 7 / Section 588
32-588 Establishment and operation of the cosmetology licensure compact commission; powers and duties
Status: in_force

32-588. Establishment and operation of the cosmetology licensure compact commission; powers and duties

A. The member states create and establish a joint government agency known as the cosmetology licensure compact commission whose membership consists of all member states that have enacted this compact. The commission is an instrumentality of the member states acting jointly and is not an instrumentality of any one state.  The commission shall come into existence on or after the effective date of this compact as set forth in section 32-596.

B. Each member state shall have and be limited to one delegate selected by that member state's state licensing authority.  The delegate shall be an administrator of the state licensing authority of the member state or the administrator's designee.

C. The commission shall establish by rule or bylaw a term of office for delegates and by rule or bylaw may establish term limits.

D. The commission may recommend removal or suspension of any delegate from office.

E. A member state's state licensing authority shall fill any vacancy of its delegate occurring on the commission within sixty days after the vacancy.

F. Each delegate is entitled to one vote on all matters that are voted on by the commission.

G. The commission shall meet at least once during each calendar year.  Additional meetings may be held as set forth in the bylaws.  The commission may meet by telecommunication, videoconference or other similar electronic means.

H. The commission may:

1. Establish the commission's fiscal year.

2. Establish code of conduct and conflict of interest policies.

3. Adopt rules and bylaws.

4. Maintain its financial records in accordance with the bylaws.

5. Meet and take actions that are consistent with this compact, the commission's rules and the bylaws.

6. Initiate and conclude legal proceedings or actions in the name of the commission, if the standing of any state licensing authority to sue or be sued under applicable law is not affected.

7. Maintain and certify records and information provided to a member state as the authenticated business records of the commission and designate an agent to do so on the commission's behalf.

8. Purchase and maintain insurance and bonds.

9. Borrow, accept or contract for services of personnel, including employees of a member state.

10. Conduct an annual financial review.

11. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters.

12. As set forth in the commission rules, charge a fee to a licensee for granting a multistate license and, as may be established by commission rule, charge the licensee a multistate license renewal fee for each renewal period.  This paragraph does not prevent a home state from charging a licensee a fee for a multistate license or renewals of a multistate license or a fee for the jurisprudence requirement if the member state imposes such a requirement for granting a multistate license.

13. Assess and collect fees.

14. Accept any appropriate gifts, donations, grants of monies, other sources of revenue, equipment, supplies, materials and services and receive, use and dispose of the same except that at all times the commission shall avoid any appearance of impropriety or conflict of interest.

15. Lease, purchase, retain, own, hold, improve or use any property, real, personal or mixed, or any undivided interest in the property.

16. Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.

17. Establish a budget and make expenditures.

18. Borrow monies.

19. Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, consumer representatives and other interested persons as may be designated in this compact and the bylaws.

20. Provide and receive information from, and cooperate with, law enforcement agencies.

21. Elect a chairperson, vice chairperson, secretary and treasurer and other officers of the commission as provided in the commission's bylaws.

22. Establish and elect an executive committee, including a chairperson and a vice chairperson.

23. Adopt and provide to the member states an annual report.

24. Determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in this compact.

25. Perform other functions as may be necessary or appropriate to achieve the purposes of this compact.

I. The commission shall adopt and provide an annual report to the member states.
A.R.S. § 32-4161 — Arizona Code / Title 32 / Chapter 41 / Article 3 / Section 4161
32-4161 Judicial review
Status: in_force

32-4161.  Judicial review

Board decisions are subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 32-2534 — Arizona Code / Title 32 / Chapter 25 / Article 3 / Section 2534
32-2534 Billing; direct payment
Status: in_force

32-2534. Billing; direct payment

A physician assistant may bill and receive direct payment for the professional services provided by the physician assistant.
A.R.S. § 32-2197.10 — Arizona Code / Title 32 / Chapter 20 / Article 9 / Section 2197.10
32-2197.10 Timeshare interest reservations
Status: reserved

32-2197.10. Timeshare interest reservations

A. The notice of intent required by section 32-2197.02 and the approval for use of a public report required by section 32-2197.08 are not required for any party to enter into a timeshare interest reservation.

B. Before the approval for use of a public report for a timeshare plan, a deposit may be accepted from a prospective buyer for a timeshare interest reservation if all of the following requirements are met:

1. Before accepting any timeshare interest reservation, the prospective seller shall mail or deliver or provide to the department a hard copy notice or electronic notice as approved by the commissioner of the seller's intention to accept the timeshare interest reservations.  The notice shall include:

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

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

(c) The name and location of the timeshare property for which timeshare interest reservations are to be offered.

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

(e) The name and address of the independent third-party escrow or trust account agent responsible for holding the reservation deposits.

2. The reservation deposit for a single timeshare interest shall not exceed twenty percent of the purchase price.

3. Within one business day after a reservation is accepted by the prospective seller, the reservation deposit shall be delivered to an independent third-party escrow or trust account in a federally insured depository. The account may be interest bearing at the direction of either the prospective seller or prospective buyer.  Payment of any account fees and payment of interest monies shall be as agreed to between the prospective buyer and prospective seller.  All reservation deposits shall remain in the account until cancellation or termination of the timeshare interest reservation or execution of a purchase agreement.

4. Within fifteen calendar days after the prospective seller receives the public report approved for use by the commissioner relating to the reserved timeshare interest, the prospective seller shall provide the prospective buyer with a copy of the public report and a copy of the proposed purchase agreement for the sale of the timeshare interest.  The prospective buyer and prospective seller shall have ten business days after the prospective buyer's receipt of the public report and the proposed purchase agreement to enter into a contract for the purchase of the timeshare interest.  If the prospective buyer and prospective seller do not enter into a contract for the purchase of the timeshare interest within the ten business day period, the reservation automatically terminates.  The prospective seller has no cancellation rights concerning a timeshare interest reservation other than as provided in this subsection.

5. A prospective buyer may cancel a timeshare interest reservation at any time before the execution of a purchase agreement by delivering written notice of termination to the prospective seller as provided in paragraph 9 of this subsection.

6. Within five business days after a timeshare interest reservation has been terminated for any reason, the prospective seller shall refund to the prospective buyer all reservation deposits made by the prospective buyer, including any interest monies earned minus any account fees agreed on, if applicable.  The independent third-party escrow account or trust account agent shall refund to the prospective buyer all reservation deposits made by the prospective buyer, including any interest monies earned minus any account fees agreed on if the prospective seller is not available. After the refund, neither the prospective buyer nor the prospective seller has any obligation arising out of the timeshare interest reservation.

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

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

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

10. Each timeshare interest reservation form shall contain the following statement in conspicuous type above the purchaser's signature line:

The Arizona department of real estate has not inspected or approved this timeshare property and no public report has been issued for the timeshare plan.  No offer to sell may be made and no offer to purchase may be accepted before issuance of a public report or pre-sale authorization for the timeshare plan.

C. The commissioner may deny, suspend or revoke authorization to accept timeshare interest reservations under this section to any person who has violated any provision of this chapter.