A.R.S. § 32-1158.01 — Arizona Code / Title 32 / Chapter 10 / Article 3 / Section 1158.01
32-1158.01 Swimming pool; spa; construction contracts
Status: in_force

32-1158.01. Swimming pool; spa; construction contracts

A. In addition to the requirements of section 32-1158, a licensed contractor who enters into a contract for the construction or installation of a residential in-ground swimming pool or spa with a purchaser who resides in the residence or who intends to reside in the residence after the completion of the contract shall include at least the following provisions:

1. A provision providing the purchaser the opportunity to request standard contractor's payment and performance bonds in a form approved by the registrar, securing the completion of the work and payment for services and materials.  The cost of the payment and performance bond shall be paid by the purchaser of the swimming pool or spa and the contractor shall not charge a surcharge or a service charge.

2. The following payment provisions:

(a) A down payment payable on the execution of the contract of not more than fifteen percent of the original contract price.

(b) After the completion of the excavation work on the swimming pool or spa, a payment of not more than twenty-five percent of the amount of the original contract price plus any written change orders approved by the purchaser.

(c) After the installation of steel, plumbing and pneumatically applied concrete materials or the installation of a prefabricated swimming pool or spa, a payment of not more than twenty-five percent of the amount of the original contract price plus any written change orders approved by the purchaser.

(d) After the installation of decking materials, a payment of not more than twenty-five percent of the amount of the original contract price plus any written change orders approved by the purchaser.

(e) Before the application of the finishing interior materials or completion of all work on a prefabricated pool or spa, payment of all remaining sums due on the original contract plus any written change orders approved by the purchaser.

3. A provision that gives notice to the purchaser, in a form that is approved by the registrar and that is in at least ten point type, of the purchaser's right to receive written material that advises the purchaser of the provisions of this section and of the procedures provided for by the registrar for the resolution of claims and disputes with licensed contractors.

4. A provision in a form that is approved by the registrar and that is in at least ten point type, advising the purchaser of the purchaser's rights under title 44, chapter 15.

B. If a purchaser requires the contractor to furnish a payment and performance bond securing the performance of the contract, the contract provisions required by subsection A, paragraph 2 of this section may be changed in any manner agreed to by the parties to the contract.

C. Any changes, additions or deletions to the work specified in the original contract shall be included in a written change order.

D. A contractor's failure to comply with this section is a violation of section 32-1154, subsection A.
A.R.S. § 32-1308 — Arizona Code / Title 32 / Chapter 12 / Article 1 / Section 1308
32-1308 Fees and monies collected; civil penalties
Status: in_force

32-1308. Fees and monies collected; civil penalties

A. The department shall deposit, pursuant to sections 35-146 and 35-147, all fees and other monies collected under this chapter in the health services licensing fund established by section 36-414.

B. All civil penalties collected under this chapter shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 32-1505; Version 2 — Arizona Code / Title 32 / Chapter 14 / Article 1 / Section 1505; Version 2
32-1505; Version 2 Naturopathic physicians medical board fund
Status: in_force

32-1505. Naturopathic physicians medical board fund

(L24, Ch. 222, sec. 18.  Eff. 7/1/28)

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

B. Monies deposited in the naturopathic physicians medical board fund are subject to section 35-143.01.
A.R.S. § 32-854 — Arizona Code / Title 32 / Chapter 7 / Article 3 / Section 854
32-854 Unauthorized practice
Status: in_force

32-854. Unauthorized practice

A license to practice podiatry shall not be issued to a corporation, partnership or association, but two or more licensed podiatrists may occupy and practice in the same office space.
A.R.S. § 32-730.05 — Arizona Code / Title 32 / Chapter 6 / Article 2 / Section 730.05
32-730.05 Revoked status
Status: in_force

32-730.05. Revoked status

An individual whose certificate has been revoked shall not assume or use the CPA designation.
A.R.S. § 32-4205; Version 2 — Arizona Code / Title 32 / Chapter 42 / Article 1 / Section 4205; Version 2
32-4205; Version 2 Board of massage therapy fund
Status: in_force

32-4205. Board of massage therapy fund

(L24, Ch. 222, sec. 52.  Eff. 7/1/28)

A. The board of massage therapy fund is established.  The board shall administer the fund.  The board shall deposit, pursuant to sections 35-146 and 35-147, ten percent of all monies collected pursuant to this chapter in the state general fund and deposit the remaining ninety percent of the monies in the board of massage therapy fund.

B. Monies deposited in the board of massage therapy fund are subject to section 35-143.01.
A.R.S. § 32-1341 — Arizona Code / Title 32 / Chapter 12 / Article 2.1 / Section 1341
32-1341 Alkaline hydrolysis facilities; license required
Status: in_force

32-1341. Alkaline hydrolysis facilities; license required

A person may not advertise or operate an alkaline hydrolysis facility without first obtaining an alkaline hydrolysis facility license issued by the department.
A.R.S. § 32-3618 — Arizona Code / Title 32 / Chapter 36 / Article 2 / Section 3618
32-3618 Reciprocity
Status: in_force

32-3618. Reciprocity

Reciprocity shall be granted to an appraiser if all of the following conditions apply:

1. The appraiser holds a credential from a state that is in compliance with 12 United States Code sections 3310, 3332, 3333, 3335, 3338, 3339, 3341, 3342, 3345, 3346, 3347, 3348, 3350, 3351, 3353, 3354 and 3355.

2. The credential requirements for the state described in paragraph 1 of this section meet or exceed those of this state.

3. The appraiser has completed an application for licensure or certification on a form as prescribed by the deputy director and submitted the fees prescribed pursuant to section 32-3607.
A.R.S. § 32-1132 — Arizona Code / Title 32 / Chapter 10 / Article 2.1 / Section 1132
32-1132 Residential contractors' recovery fund; claimants; eligibility; definition
Status: in_force

32-1132. Residential contractors' recovery fund; claimants; eligibility; definition

A. The residential contractors' recovery fund is established to be administered by the registrar for the benefit of claimants that are damaged by an act, representation, transaction or conduct of a residential contractor that is licensed pursuant to this chapter and that is in violation of this chapter or the rules adopted pursuant to this chapter.

B. Only the following claimants are eligible for an award from the residential contractors' recovery fund:

1. An individual who both:

(a) Owns residential real property that is damaged by the failure of a residential contractor to adequately build or improve a residential structure or appurtenance.

(b) Actually occupies or intends to occupy the residential real property described in subdivision (a) of this paragraph as the individual's primary residence.

2. A limited liability company to which both of the following apply:

(a) The limited liability company owns the residential real property that is damaged by the failure of a residential contractor to adequately build or improve a residential structure or appurtenance.

(b) At least one of the limited liability company's members actually occupy or will occupy the residential real property as described in subdivision (a) of this paragraph as their primary residence.

3. A trust to which all of the following apply:

(a) The trust is a revocable living trust.

(b) The trust owns the residential real property that is damaged by the failure of a residential contractor to adequately build or improve a residential structure or appurtenance.

(c) All of the trust's trustors actually occupy or intend to occupy the residential real property described in subdivision (b) of this paragraph as their primary residence.

4. A planned community as defined in section 33-1802 or unit owners' association as defined in section 33-1202 if both:

(a) The builder or developer transferred control to the planned community as defined in section 33-1802 or unit owners' association as defined in section 33-1202.

(b) A licensed residential contractor's failure to adequately build or improve a residential structure or appurtenance caused damage to the common elements within the complex.

5. A lessee of residential real property that meets all of the following:

(a) Contracts directly with a residential contractor or indirectly with a subcontractor of the residential contractor.

(b) Actually occupies or intends to occupy the residential real property described in subdivision (a) of this paragraph as the lessee's primary residence.

(c) Is damaged by the licensed residential contractor's failure to adequately build or improve a residential structure or appurtenance.

C. In order for a claimant to be eligible for an award from the residential contractors' recovery fund, the contractor whose actions damaged the claimant must have been appropriately licensed at one of the following times:

1. The date that the underlying contract was signed.

2. The date that the first payment was made.

3. The date that the underlying work first commenced.

D. For the purposes of this section, "appropriately licensed" means the residential contractor held a valid residential contractor license that was issued pursuant to this chapter and that was not canceled, in inactive status, expired, suspended or revoked.
A.R.S. § 32-1137 — Arizona Code / Title 32 / Chapter 10 / Article 2.1 / Section 1137
32-1137 Notice of authorized payment to claimant
Status: in_force

32-1137. Notice of authorized payment to claimant

On authorization of payment from the residential contractors' recovery fund, the registrar shall notify the claimant that:

1. The amount authorized for payment is subject to repayment by the claimant if the judgment of the court is finally reversed.

2. It is the responsibility of the claimant to respond to an appeal from the judgment.

3. On appeal from the judgment, postponement of acceptance by the claimant of the amount authorized for payment does not operate as a waiver of any rights of the claimant.
A.R.S. § 32-1309 — Arizona Code / Title 32 / Chapter 12 / Article 1 / Section 1309
32-1309 Fees
Status: in_force

32-1309. Fees

A. The department shall establish and collect application fees in an amount to be determined by the department for each of the following:

1. A funeral director license.

2. An embalmer license.

3. A funeral director or embalmer license for a person who does not reside in this state.

4. A funeral establishment license:

(a) For a new establishment, new owner or new location.

(b) For a change of name.

5. A crematory license:

(a) For a new crematory, new owner or new location.

(b) For a change of name.

6. A cremationist license.

7. An alkaline hydrolysis facility license:

(a) For a new alkaline hydrolysis facility.

(b) For a change of name or location.

8. An alkaline hydrolysis operator license.

9. An interim alkaline hydrolysis facility permit.

10. An extension of an interim alkaline hydrolysis facility permit.

11. A prearranged funeral sales establishment endorsement.

12. A multiple funeral director license.

B. The department shall establish and collect license issuance fees in an amount to be determined by the department for each of the following:

1. A funeral director license.

2. An embalmer license.

3. A cremationist license.

4. An alkaline hydrolysis facility license.

5. An alkaline hydrolysis operator license.

6. A multiple funeral director license.

C. A license, registration or endorsement issued pursuant to this chapter does not expire and remains valid unless:

1. The department subsequently revokes or suspends the license, registration or endorsement.

2. Except as provided in section 32-4301, the license, registration or endorsement is considered void because the licensee did not pay the licensing, registration or endorsement fee, outstanding civil penalties or provider agreement fees or did not enter into an agreement with the department to pay all outstanding fees or penalties before the due date of the licensing, registration or enforcement fees or civil penalties.

D. The department shall establish and collect fees in an amount to be determined by the department for each of the following:

1. A duplicate license.

2. A reexamination for a state laws and rules examination.

3. Inactive licensure.

4. Reinstatement of an inactive license.

5. An interim permit for a funeral establishment, crematory and alkaline hydrolysis facility.

6. Filing an annual trust report.

7. Filing a late or incomplete annual trust report.

E. A person who was a licensed embalmer's assistant on March 31, 2023 may continue to be licensed if the licensed embalmer's assistant pays any lapsed licensing fees and continues to pay the licensing or endorsement fee before the licensing or endorsement fee due date.
A.R.S. § 32-2194.30 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.30
32-2194.30 Restriction on use of endowed-care funds
Status: in_force

32-2194.30. Restriction on use of endowed-care funds

Endowed-care funds shall not be used for any purpose other than to provide for the care of burial spaces as prescribed in section 32-2194.27. In investing these funds, the trustee shall exercise the judgment and care of a prudent investor under the circumstances then prevailing, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income or unitrust amount as well as the probable safety of their capital. Within the limitations of the foregoing standard, and subject to any express provisions or limitations contained in any particular trust instrument, a trustee is authorized to acquire every kind of property, real, personal or mixed, and every kind of investment, specifically including corporate obligations of every kind and stocks, preferred or common, that prudent investors acquire for their own account.
A.R.S. § 32-2913 — Arizona Code / Title 32 / Chapter 29 / Article 2 / Section 2913
32-2913 Examination; reexamination
Status: in_force

32-2913. Examination; reexamination

A. An applicant for licensure shall successfully pass an examination prescribed by the board.

B. If a person is seeking licensure pursuant to section 32-2912, subsection A, the examination for a license to practice under this chapter shall include all subjects that are generally accepted as necessary for a thorough knowledge of the practice of homeopathic medicine. The board shall prescribe rules for conducting the examination and shall set the passing grade.

C. If a person is seeking licensure pursuant to section 32-2912, subsection B, the examination for a license to practice under this chapter shall include all subjects that are generally accepted as necessary for a thorough knowledge of the practice of homeopathic medicine. The board shall prescribe rules for conducting the examination and shall set the passing grade.

D. The board shall review the examination of any applicant on the applicant's request. A grade on an examination reviewed by the board may be changed only by the majority vote of the members of the board. A person who fails to pass the initial licensure examination may be reexamined within one year after the date of the receipt of the original application fee without payment of additional fees. However, the applicant shall pay all additional fees associated with board-prescribed investigatory examinations such as the special purpose licensing examination.

E. In a written examination, applicants shall be designated by numbers only and the corresponding names shall be kept secret until after the grading of the examinations.

F. The board shall issue a license without examination to an applicant who is seeking licensure pursuant to section 32-2912, subsection B if the applicant holds, or has passed the examination to hold, a certification from the council for homeopathic certification, or its equivalent.
A.R.S. § 32-2199.05 — Arizona Code / Title 32 / Chapter 20 / Article 11 / Section 2199.05
32-2199.05 Condominium and planned community hearing office fund
Status: in_force

32-2199.05. Condominium and planned community hearing office fund

A. The condominium and planned community hearing office fund is established in the department to be administered by the commissioner. Monies in the fund are continuously appropriated.  On notice from the commissioner, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

B. Monies in the condominium and planned community hearing office fund shall be used to reimburse the actual costs of the office of administrative hearings in conducting hearings pursuant to section 32-2199.01. Monies remaining in the fund may be used by the department to offset the costs of administering cases filed pursuant to section 32-2199.01.
A.R.S. § 32-101 — Arizona Code / Title 32 / Chapter 1 / Article 1 / Section 101
32-101 Purpose; definitions
Status: in_force

32-101. Purpose; definitions

A. The purpose of this chapter is to provide for the safety, health and welfare of the public through the promulgation and enforcement of standards of qualification for those individuals who are registered or certified and seeking registration or certification pursuant to this chapter.

B. In this chapter, unless the context otherwise requires:

1. "Advertising" includes business cards, signs or letterhead provided by a person to the public.

2. "Alarm" or "alarm system":

(a) Means any mechanical or electrical device that is designed to emit an audible alarm or transmit a signal or message if activated and that is used to detect an unauthorized entry into a building or other facility or alert other persons of the occurrence of a medical emergency or the commission of an unlawful act against a person or in a building or other facility.

(b) Includes:

(i) A silent, panic, holdup, robbery, duress, burglary, medical alert or proprietor alarm that requires emergency personnel to respond.

(ii) A low-voltage electric fence.

(c) Does not include a telephone call diverter or a system that is designed to report environmental and other occurrences and that is not designed or used to alert or cause other persons to alert public safety personnel.

3. "Alarm agent":

(a) Means a person, whether an employee, an independent contractor or otherwise, who acts on behalf of an alarm business and who tests, maintains, services, repairs, sells, rents, leases or installs alarm systems.

(b) Does not include any action by a person that:

(i) Is performed in connection with an alarm system located on the person's own property or the property of the person's employer.

(ii) Is acting on behalf of an alarm business whose work duties do not include visiting the location where an alarm system installation occurs.

4. "Alarm business":

(a) Means any person who, either alone or through a third party, engages in the business of either of the following:

(i) Providing alarm monitoring services.

(ii) Selling, leasing, renting, maintaining, repairing or installing a nonproprietor alarm system or service.

(b) Does not include any of the following:

(i) A person or company that purchases, rents or uses an alarm that is affixed to a motor vehicle.

(ii) A person who owns or conducts a business of selling, leasing, renting, installing, maintaining or monitoring an alarm that is affixed to a motor vehicle.

(iii) A person who installs a nonmonitored proprietor alarm for a business that the person owns, is employed by or manages.

(iv) The installation or monitoring of fire alarm systems.

(v) An alarm system that is operated by a city or town.

5. "Alarm subscriber" means any person who:

(a) Leases, rents or purchases any monitored alarm system or service from an alarm business.

(b) Leases or rents an alarm system.

(c) Contracts with an alarm business for alarm monitoring, installation, repair or maintenance services.

6. "Architect" means a person who, by reason of knowledge of the mathematical and physical sciences and the principles of architecture and architectural engineering acquired by professional education and practical experience, is qualified to engage in the practice of architecture and is registered as an architect pursuant to this chapter.

7. "Architectural practice" means any professional service or creative work requiring architectural education, training and experience, and the application of the mathematical and physical sciences and the principles of architecture and architectural engineering to such professional services or creative work as consultation, evaluation, design and review of construction for conformance with contract documents and design, in connection with any building, planning or site development. A person is deemed to practice or offer to practice architecture who in any manner represents that the person is an architect or is able to perform any architectural service or other services recognized by educational authorities as architecture.

8. "Board" means the state board of technical registration.

9. "Controlling person":

(a) Means a person who is designated by an alarm business.

(b) Does not include an alarm agent.

10. "Engineer" means a person who by reason of engineering education, training and experience may apply engineering principles and interpret engineering data.

11. "Engineering practice" means any professional service or creative work requiring engineering education, training and experience in applying engineering principles and interpreting engineering data to engineering activities that clearly impact the health, safety and welfare of the public and the engineering design of buildings, structures, products, machines, processes and systems to the extent that the engineering education, training and experience requirements prescribed by sections 32-122 and 32-122.01 are necessary to protect the health, safety and welfare of the public. The services or creative work may include providing planning services, studies, designs, design coordination, drawings, specifications and other technical submissions, surveying as prescribed in paragraph 22, subdivisions (d) and (e) of this subsection, and reviewing construction or other design products for the purposes of monitoring compliance with drawings and specifications related to engineered works. A person employed on a full-time basis as an engineer by an employer engaged in the business of developing, mining and treating ores and other minerals shall not be deemed to be practicing engineering for the purposes of this chapter if the person engages in the practice of engineering exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any engineering services for persons other than the person's employer. A person is deemed to practice engineering if the person does any of the following:

(a) Practices any discipline of the profession of engineering or holds out to the public that the person is able and authorized to practice any discipline of engineering.

(b) Represents to the public that the person is a professional engineer by a verbal claim, sign, advertisement, letterhead or card or in any other manner.

(c) Uses a title that implies that the person is a professional engineer.

12. "Engineer-in-training" means a candidate for registration as a professional engineer who both:

(a) Is a graduate in an approved engineering curriculum of four years or more of a school approved by the board or has four years or more of education or experience, or both, in engineering work that meets standards specified by the board in its rules.

(b) Has passed the engineer-in-training examination.

13. "Firm" means any individual or partnership, corporation or other type of association, including the association of a nonregistrant and a registrant who offers to the public professional services regulated by the board.

14. "Geological practice" means any professional service or work requiring geological education, training and experience, and the application of special knowledge of the earth sciences to such professional services as consultation, evaluation of mining properties, petroleum properties and groundwater resources, professional supervision of exploration for mineral natural resources including metallic and nonmetallic ores, petroleum and groundwater, and the geological phases of engineering investigations.

15. "Geologist" means a person, who is not required to be a professional engineer, who by reason of special knowledge of the earth sciences and the principles and methods of search for and appraisal of mineral or other natural resources acquired by professional education and practical experience is qualified to practice geology as attested by registration as a professional geologist. A person who is employed on a full-time basis as a geologist by an employer engaged in the business of developing, mining or treating ores and other minerals is not deemed to be engaged in geological practice for the purposes of this chapter if the person engages in geological practice exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any geological services for persons other than the person's employer.

16. "Geologist-in-training" means a candidate for registration as a professional geologist who both:

(a) Is a graduate of a school approved by the board or has four years or more of education or experience, or both, in geological work that meets standards specified by the board in its rules.

(b) Has passed the geologist-in-training examination.

17. "Home inspection" means a visual analysis for the purposes of providing a professional opinion of the building, any reasonably accessible installed components and the operation of the building's systems, including the controls normally operated by the owner, for the following components of a residential building of four units or less:

(a) Heating system.

(b) Cooling system.

(c) Plumbing system.

(d) Electrical system.

(e) Structural components.

(f) Foundation.

(g) Roof covering.

(h) Exterior and interior components.

(i) Site aspects as they affect the building.

(j) Pursuant to rules adopted by the board, swimming pool and spa.

18. "Home inspection report" means a written report that is prepared for compensation, that is issued after a home inspection and that clearly describes and identifies the inspected systems, structures and components of a completed dwelling and any visible major defects found to be in need of immediate major repair and any recommendations for additional evaluation by appropriate persons.

19. "Home inspector" means an individual who is certified pursuant to this chapter as a home inspector and who engages in the business of performing home inspections and writing home inspection reports.

20. "Landscape architect" means a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of landscape architecture as attested by registration as a landscape architect.

21. "Landscape architectural practice":

(a) Means performing professional services such as consultations, investigation, reconnaissance, research, planning, design or responsible supervision in connection with the development of land and incidental water areas where, and to the extent that, the dominant purpose of such services is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings of and approaches to buildings, structures, facilities or other improvements, natural drainage and the consideration and the determination of inherent problems of the land relating to erosion, wear and tear, light or other hazards.

(b) Includes locating and arranging such tangible objects and features as are incidental and necessary to the purposes outlined in this paragraph.

(c) Does not include making cadastral surveys or final land plats for official recording or approval, nor mandatorily include planning for governmental subdivisions.

22. "Land surveying practice" means performing one or more of the following professional services:

(a) Measuring land to determine the position of any monument or reference point that marks a property line, boundary or corner for the purpose of determining the area or description of the land.

(b) Locating, relocating, establishing, reestablishing, setting, resetting or replacing of corner monuments or reference points that identify land boundaries, rights-of-way or easements.

(c) Platting or plotting of lands for the purpose of subdividing.

(d) Measuring by angles, distances and elevations natural or artificial features in the air, on the surface and immediate subsurface of the earth, within underground workings and on the surface or within bodies of water for the purpose of determining or establishing their location, size, shape, topography, grades, contours or water surface and depths, and the preparing and perpetuating field note records and maps depicting these features.

(e) Setting, resetting or replacing points to guide the location of new construction.

23. "Land surveyor" means a person who by reason of knowledge of the mathematical and physical sciences, principles of land surveying and evidence gathering acquired by professional education or practical experience, or both, is qualified to practice land surveying as attested by registration as a land surveyor. A person employed on a full-time basis as a land surveyor by an employer engaged in the business of developing, mining or treating ores or other minerals is not deemed to be engaged in land surveying practice for purposes of this chapter if the person engages in land surveying practice exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any land surveying services for persons other than the person's employer.

24. "Land surveyor-in-training" means a candidate for registration as a professional land surveyor who both:

(a) Is a graduate of a school and curriculum approved by the board or has four years or more of education or experience, or both, in land surveying work that meets standards specified by the board in its rules.

(b) Has passed the land surveyor-in-training examination.

25. "Low-voltage electric fence" means a fence that meets all of the following requirements:

(a) Has an electric fence energizer that is powered by a commercial storage battery with a rated voltage of not more than twelve volts and that produces an electric charge on contact with the fence.

(b) Is completely enclosed by a nonelectric fence or wall.

(c) Is continuously monitored.

(d) Is attached to ancillary components or equipment such as closed circuit television systems, access controls, battery recharging devices and video cameras.

(e) Does not exceed ten feet in height or two feet higher than the nonelectric fence or wall described in subdivision (b) of this paragraph, whichever is higher.

(f) Has identification warning signs attached at intervals of not more than sixty feet.

(g) Is not installed in an area zoned exclusively for single family or multifamily residential use.

(h) Does not enclose property that is used for residential purposes.

26. "Monitored alarm" means a device that is designed to detect an entry on any premises and that if activated generates a notification signal.

27. "Person" means any individual, firm, partnership, corporation, association or other organization.

28. "Principal" means an individual who is an officer of the corporation or is designated by a firm as having full authority and responsible charge of the services offered by the firm.

29. "Professional engineer" means a person who, by reason of special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design acquired by professional education and practical experience, is qualified to practice engineering and is registered as a professional engineer pursuant to this chapter.

30. "Proprietor alarm" means any alarm or alarm system that is owned by an alarm subscriber who has not contracted with an alarm business.

31. "Registrant" means a person who is registered or certified by the board.

32. "Registration" means a registration or certification that is issued by the board.
A.R.S. § 32-2126 — Arizona Code / Title 32 / Chapter 20 / Article 2 / Section 2126
32-2126 Place of business or statutory agent required; notice of change; failure to give notice as cancellation of license; signage
Status: in_force

32-2126. Place of business or statutory agent required; notice of change; failure to give notice as cancellation of license; signage

A. Each employing broker shall have and maintain a definite place of business or an active and valid statutory agent on file with the corporation commission. The employing broker must notify the department of the definite place of business or the valid statutory agent. Notice of a change of business location or statutory agent shall be given to the commissioner in writing. Change or abandonment of a business location or statutory agent without notice shall automatically cancel the employing broker's license and shall sever the license of any salesperson or associate broker employed by the employing broker. If an employing broker's license is cancelled pursuant to this subsection and the employing broker's license is later reinstated, any salesperson or associate broker employed by the employing broker whose license was severed pursuant to this subsection may be rehired.

B. Each designated broker and, if applicable, each employing broker shall cause a sign to be affixed at the entrance to the broker's place of business, in a place and position clearly visible to all entering the place of business, with the name of the broker, the name under which the broker is doing business if other than the broker's given name, and sufficient wording to establish that the person is a real estate broker, cemetery broker or membership camping broker. In addition to any other applicable law, the sign shall conform to rules adopted by the commissioner.

C. On removal from any location the broker shall remove the sign from the location. A broker shall not display any name at designated places of business named in the broker's license other than the name under which the broker is licensed.
A.R.S. § 32-1698 — Arizona Code / Title 32 / Chapter 15.1 / Article 3 / Section 1698
32-1698 Prosecution of violations
Status: in_force

32-1698. Prosecution of violations

The prosecuting officer of a county or city shall prosecute all violations of this chapter occurring within his jurisdiction by persons who do not have a valid and subsisting license issued under the provisions of this chapter.
A.R.S. § 32-4204 — Arizona Code / Title 32 / Chapter 42 / Article 1 / Section 4204
32-4204 Executive director; personnel; duties; compensation; immunity
Status: in_force

32-4204. Executive director; personnel; duties; compensation; immunity

A. Subject to title 41, chapter 4, article 4 and section 32-3253, the executive director of the board of behavioral health examiners shall serve as the executive director of the board of massage therapy. The executive director may not be a member of the board of massage therapy and may not have any financial interests in the practice of massage therapy or the training of massage therapists. The board of massage therapy may authorize the executive director to represent the board of massage therapy and to vote on behalf of the board of massage therapy at meetings of national organizations of which the board of massage therapy is a dues-paying member.

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

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

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

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

3. Deposit monies received by the board as prescribed by section 32-4205.

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.

D. The executive director shall attend all committee hearings of the house of representatives and senate health and human services committees, or their successor committees, relating to the auditor general's follow-up reports regarding the board's implementation status of the auditor general's performance audit and sunset review recommendations.

E. 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.

F. The executive director and any person acting pursuant to the executive director's direction are personally immune from civil liability for all actions taken in good faith pursuant to this chapter.
A.R.S. § 32-4259 — Arizona Code / Title 32 / Chapter 42 / Article 3 / Section 4259
32-4259 Access to information; confidential information; display of license
Status: in_force

32-4259. Access to information; confidential information; display of license

A. Any person has access to the following information:

1. A list of licensees that includes the licensee's place of practice, license number, date of license expiration and status of license.

2. A list of official actions taken by the board.

B. Unless they are the only address and telephone number available, the home address and home telephone number of a massage therapist are not public records and the board shall keep this information confidential.

C. Except in the course of a board investigation, information pertaining to the relationship between the massage therapist and a person treated by the massage therapist is confidential and may not be communicated to a third party who is not involved in that person's care without that person's prior written consent.  If the person is a minor, the person's parent or guardian must also give written consent to these communications.

D. The massage therapist must divulge to the board information it requires in connection with any investigation, public hearing or proceeding, including information that is otherwise confidential pursuant to this section.

E. The privilege established by this section does not extend to cases in which the massage therapist has a duty to report information as required by law.

F. The board shall provide access to the application, license, investigation and discipline files maintained by the board to law enforcement agencies and other regulatory agencies of this state.

G. Each licensee shall display a copy of the licensee's license or current renewal verification in an establishment, location or setting that is accessible to public view at each location at which the licensee practices massage therapy.
A.R.S. § 32-3701 — Arizona Code / Title 32 / Chapter 37 / Article 1 / Section 3701
32-3701 Child support arrearages; suspension of license or certificate; applicability; definition
Status: in_force

32-3701. Child support arrearages; suspension of license or certificate; applicability; definition

A. A licensing board or agency shall suspend a license within thirty days after receiving a certificate of noncompliance from the court pursuant to section 25-518. The licensing board or agency shall not lift the suspension until it receives a certificate of compliance from the court.

B. The licensing board or agency shall notify the department of economic security within thirty days in writing, or by any other means prescribed by the department, of all license suspensions pursuant to this section. The information shall include the person's name, address, date of birth and social security number.

C. This section applies to support obligations ordered by any state, territory or district of the United States.

D. For purposes of this section, "license" means any license, certificate, registration, permit or other authorization that:

1. Is issued by an agency or regulatory board.

2. Is subject before expiration to suspension, revocation, forfeiture or termination by the issuing board or agency.

3. A person must obtain to practice or engage in a particular business, occupation or profession.
A.R.S. § 32-2155 — Arizona Code / Title 32 / Chapter 20 / Article 3 / Section 2155
32-2155 Restriction on employment or compensation of person as broker or salesperson
Status: in_force

32-2155. Restriction on employment or compensation of person as broker or salesperson

A. A broker shall employ and pay only active licensees, and a licensee shall accept employment and compensation as a licensee only from either or both of the following:

1. The legally licensed broker to whom the licensee is licensed.

2. An employer other than the legally licensed broker as described in paragraph 1 of this subsection if the all of the following apply:

(a) The employer holds a license.

(b) The licensee is the employer's employee and receives a federal form W-2 wage and tax statement.

(c) The employer has the same employing broker as the licensee.

(d) The employer obtains written permission from the employing broker to pay the licensee.

B. If the licensee is licensed through a professional corporation or a professional limited liability company, the employing broker may pay and the licensee may receive compensation only through the licensed professional corporation of which the licensee is an officer and shareholder or the licensed professional limited liability company of which the licensee is a member or manager.

C. It is unlawful for a person, firm or corporation, whether an obligor, escrow holder or otherwise, to pay or deliver to anyone compensation for performing any of the acts specified by this chapter, as a broker, who is not licensed at the time the service is rendered. An identification card or certificate of license issued by the state real estate department showing that the person, firm or corporation holds a license for the year in which the payment is made or earned is sufficient proof to relieve from any penalty for a violation of this section the obligor, escrow holder or other person who relied in good faith on the card or certificate.

D. A real estate broker or real estate salesperson shall not collect compensation for rendering services in negotiating loans secured by real property unless all of the following apply:

1. The broker or salesperson is licensed pursuant to title 6, chapter 9 or is an employee, officer or partner of a corporation or partnership licensed pursuant to title 6, chapter 9.

2. The broker or salesperson has disclosed to the person from whom the compensation is collected that the broker or salesperson is receiving compensation both for real estate brokerage, when applicable, and for mortgage broker services.

3. The compensation does not violate any other state or federal law.

E. Notwithstanding subsection A or B of this section, brokers licensed under this chapter may employ residential leasing agents or managers of residential rental properties, as prescribed by section 32-2121, subsection A, paragraph 6. The exemption of residential leasing agents or managers of residential rental property under article 2 of this chapter does not exempt the designated broker from the responsibility to exercise reasonable supervision over these leasing agents or managers.
A.R.S. § 32-1631 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1631
32-1631 Acts and persons not affected by chapter
Status: in_force

32-1631. Acts and persons not affected by chapter

This chapter does not prohibit:

1. Auxiliary or supportive services by maids, porters, messengers, busboys, nurses aides or attendants working under competent supervision in a licensed hospital, or gratuitous care by friends or family members of a sick or infirm person or incidental care of the sick by a domestic servant or person employed primarily as a housekeeper, as long as these persons do not practice registered nursing or claim to be licensed practical nurses.

2. Nursing assistance in cases of emergency.

3. Nursing by duly enrolled prelicensure students under competent supervision in approved nursing programs.

4. The practice of nursing in this state by any legally qualified nurse of another state whose engagement requires the nurse to accompany and care for a patient temporarily residing in this state during one such engagement not to exceed six months, if the nurse does not claim to be a nurse licensed to practice in this state.

5. Nursing by any legally qualified nurse of another state who is employed by the government of the United States or any bureau, division or agency of the United States government in the discharge of that person's official duties.

6. Caring for the sick in connection with the practice of religion or treatment by prayer.

7. Registered nurse practitioner, certified nurse midwife or clinical nurse specialist practice by duly enrolled students under competent supervision as part of a registered nurse practitioner, certified nurse midwife or clinical nurse specialist program if the program is approved by a United States nursing regulatory agency in the state of the parent institution and the student is authorized to practice registered nursing in this state.

8. Nursing education provided to students in this state that is provided electronically or in person by a person who resides in another state and who is licensed to practice registered nursing in that state if the provision of education does not exceed six consecutive months in any calendar year and does not include supervising or providing clinical care.

9. Consulting services that are provided to persons in this state electronically or in person by a person who resides in another state and who is licensed to practice registered nursing in that state if the provision of services does not exceed six consecutive months in any calendar year and does not include direct patient care.
A.R.S. § 32-2557 — Arizona Code / Title 32 / Chapter 25 / Article 4 / Section 2557
32-2557 Disciplinary action; reciprocity
Status: in_force

32-2557. Disciplinary action; reciprocity

A. The board shall initiate an investigation pursuant to section 32-2551 if a professional regulatory board in another jurisdiction in the United States has taken disciplinary action against a licensee for an act that occurred in that jurisdiction that constitutes unprofessional conduct pursuant to this chapter.

B. The board shall order the summary suspension of a license pending proceedings for revocation or other action if a professional regulatory board in another jurisdiction in the United States has taken the same action because of its belief that the public health, safety or welfare imperatively required emergency action.
A.R.S. § 32-1391.02 — Arizona Code / Title 32 / Chapter 12 / Article 5 / Section 1391.02
32-1391.02 Prearranged funeral agreements; restrictions on sales
Status: in_force

32-1391.02. Prearranged funeral agreements; restrictions on sales

A. A person shall not enter into a prearranged funeral agreement other than in accordance with this article and the rules adopted pursuant to this article.

B. The department shall adopt rules that require every funeral establishment that sells prearranged funeral agreements to give a standardized written or printed price list for retention to each person who personally inquires about prearranged funeral agreements. On beginning a discussion regarding prearranged funeral agreements, a person affiliated with the funeral establishment shall present the price list to the consumer.  The list shall be presented in an accurate and readable manner in order to facilitate price comparisons by consumers.

C. A prearranged funeral agreement shall be funded by insurance or trust. A funeral establishment or an agent or employee of a funeral establishment shall not accept payment for or agree to enter into any prearranged funeral agreement unless the name of a licensed funeral establishment appears on the statement of goods and services used in connection with the prearranged funeral agreement and one of the following is true:

1. If the prearranged funeral agreement is a prearranged funeral agreement funded by insurance, the funeral establishment employs or contracts with insurance producers who are licensed pursuant to title 20 to sell the prearranged funeral agreement.

2. If the prearranged funeral agreement is a prearranged funeral agreement funded by trust, the funeral establishment has been issued a prearranged funeral sales endorsement to its license allowing the funeral establishment to sell prearranged funeral agreements funded by trust.

3. If the prearranged funeral agreement is a payable on death account, the account is not under the control of the funeral establishment. A funeral establishment or an agent or employee of a funeral establishment shall not accept a deposit for a payable on death account.
A.R.S. § 32-2185.06 — Arizona Code / Title 32 / Chapter 20 / Article 4 / Section 2185.06
32-2185.06 Contract disclosures; contract disclaimers
Status: in_force

32-2185.06. Contract disclosures; contract disclaimers

All agreements and contracts for the purchase or lease of subdivided land from a subdivider, owner or agent shall clearly and conspicuously disclose, in accordance with regulations adopted by the commissioner, the nature of the document, the purchaser's right to receive a copy of the public report and, in the case of unimproved lots or parcels not exempted by regulation pursuant to section 32-2185.01, the purchaser's right to rescind the agreement as provided in section 32-2185.01. Any contract, agreement or lease which fails to make disclosures pursuant to this section shall not be enforceable against the purchaser. If the transaction involves a lot or parcel offered for present or future residential use, the contract, agreement or lease shall not waive or disclaim liability for prior material representations relied upon by the purchaser made by the seller and such seller's agents concerning the subdivision and lot or parcel involved, and any provision attempting to waive or disclaim liability is void.
A.R.S. § 32-2197.13 — Arizona Code / Title 32 / Chapter 20 / Article 9 / Section 2197.13
32-2197.13 Hearing on denial of public report
Status: in_force

32-2197.13. Hearing on denial of public report

Any applicant objecting to the denial of a public report may, within thirty days after receipt of the order of denial, file a written request for a hearing. The commissioner shall hold the hearing within twenty days thereafter unless the party requesting the hearing requests a postponement. If the hearing is not held within twenty days after a request for a hearing is received, plus the period of any such postponement, or if a proposed decision is not rendered within forty-five days after submission, the order of denial shall be rescinded and a public report issued.
A.R.S. § 32-1660.03 — Arizona Code / Title 32 / Chapter 15 / Article 2.1 / Section 1660.03
32-1660.03 Arizona state board of nursing; notice of commission actions
Status: in_force

32-1660.03. Arizona state board of nursing; notice of commission actions

The Arizona state board of nursing, within thirty days after an interstate commission of nurse licensure compact administrators action, shall post on the board's public website notice of any commission action that may affect a nurse's license.
A.R.S. § 32-1634.03 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1634.03
32-1634.03 Qualifications for certified registered nurse anesthetist; temporary certificate
Status: in_force

32-1634.03. Qualifications for certified registered nurse anesthetist; temporary certificate

A. The board may certify a registered nurse who is licensed pursuant to this chapter as a certified registered nurse anesthetist if the registered nurse meets the following requirements:

1. Submits an application as prescribed by the board.

2. Has completed a program in the science of anesthesia accredited by the council on accreditation of nurse anesthesia educational programs or another national accrediting body recognized by the board.

3. Is certified by a national certifying body such as the national board of certification and recertification for nurse anesthetists or another national certifying body recognized by the board.

4. Pays the certification fee prescribed pursuant to section 32-1643.

B. The board may issue a temporary certificate to a person who meets the requirements of subsection A, paragraphs 2 and 3 of this section.  A temporary certificate expires on the date specified in the certificate and may be renewed at the discretion of the executive director.
A.R.S. § 32-2404 — Arizona Code / Title 32 / Chapter 24 / Article 1 / Section 2404
32-2404 Private investigator and security guard hearing board; qualifications; appointments; terms; compensation; immunity
Status: in_force

32-2404. Private investigator and security guard hearing board; qualifications; appointments; terms; compensation; immunity

A. The private investigator and security guard hearing board is established consisting of seven members and an alternate member who are appointed by the director.

B. Each member of the board shall be a citizen of the United States and a resident of this state at the time of appointment.  Two members shall be qualifying parties who are licensed as provided in this chapter.  Two members shall be qualifying parties who are licensed as provided in chapter 26 of this title.  Two members shall be certified peace officers with a rank of at least lieutenant who are not employees of the department. One member shall be a public member who shall not have a financial interest in a private investigation or security guard agency and shall not have an immediate family member or a household member who is licensed or registered under this chapter or chapter 26 of this title or who is a certified peace officer.  The alternate member shall be a public member who does not have a financial interest in a private investigation or security guard agency and does not have an immediate family member or a household member who is licensed or registered under this chapter or chapter 26 of this title or who is a certified peace officer.

C. Each member of the board shall serve for a staggered term of five years beginning and ending on the third Monday in January.  The alternate member shall serve a five year term beginning and ending on the third Monday in January.  A member, including the alternate member, shall not serve more than one term, except that a member appointed to fill a vacancy may be reappointed for one full term.  If a qualified replacement has not been found by the end of the member's term, the director may extend the member's term for no more than six months or until a replacement is found, whichever occurs first.

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

E. Members of the board, including the alternate member, are eligible to receive compensation pursuant to section 38-611 for each day actually and necessarily spent in the performance of their duties.

F. Members of the board, including the alternate member, are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter.
A.R.S. § 32-1056 — Arizona Code / Title 32 / Chapter 9 / Article 3 / Section 1056
32-1056 Violation; classification
Status: in_force

32-1056. Violation; classification

A. A person operating a collection agency without a license shall be guilty of a class 1 misdemeanor.

B. A licensee violating the provisions of section 32-1055 or the rules and regulations adopted pursuant to this chapter shall be subject to revocation of license and shall be guilty of a class 1 misdemeanor.
A.R.S. § 32-2082 — Arizona Code / Title 32 / Chapter 19.1 / Article 3 / Section 2082
32-2082 Right to examine and copy evidence; subpoenas; right to counsel; appeal
Status: in_force

32-2082. Right to examine and copy evidence; subpoenas; right to counsel; appeal

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

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

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

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

E. Documents associated with an investigation are not open to the public and shall remain confidential. No documents may be released without a court order compelling their production.

F. Nothing in this section or any other provision of law making communications between a psychologist and client or patient privileged applies to an investigation conducted pursuant to this chapter. The board, its employees and its agents shall keep in confidence the names of clients or patients whose records are reviewed during an investigation.
A.R.S. § 32-1433 — Arizona Code / Title 32 / Chapter 13 / Article 2 / Section 1433
32-1433 Cancellation of active license
Status: in_force

32-1433. Cancellation of active license

On request of an active licensee, the board may cancel that person's license if both of the following are true:

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

2. The board has not commenced any disciplinary proceeding against the licensee.
A.R.S. § 32-3927 — Arizona Code / Title 32 / Chapter 39 / Article 2 / Section 3927
32-3927 Fees
Status: in_force

32-3927. Fees

A. By a formal vote at its annual meeting the board shall establish nonrefundable fees that do not exceed the following:

1. For issuance of an initial license, six hundred dollars.

2. For an application for a license or certificate, one hundred fifty dollars.

3. For renewal of a license, six hundred dollars.

4. For late renewal of a license, an additional one hundred dollars.

5. For issuance of a duplicate license or certificate, fifty dollars.

6. For issuance of an initial visiting professor certificate, six hundred dollars.

7. For renewal of a visiting professor certificate, six hundred dollars.

8. For issuance of an initial auricular acupuncture certificate, two hundred fifty dollars.

9. For renewal of an auricular acupuncture certificate, two hundred fifty dollars.

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

11. For a copy of the minutes to board meetings during the current calendar year, twenty-five dollars for each set of minutes.

B. The board shall charge additional fees for services not required to be provided by this chapter but that the board determines are necessary and appropriate to carry out this chapter. The fees shall not exceed the actual cost of providing these services.
A.R.S. § 32-4202 — Arizona Code / Title 32 / Chapter 42 / Article 1 / Section 4202
32-4202 Board of massage therapy; members; terms; compensation; immunity
Status: in_force

32-4202. Board of massage therapy; members; terms; compensation; immunity

A. The board of massage therapy is established consisting of the following members appointed by the governor:

1. Two massage therapists who are residents of this state, who possess an unrestricted license to practice massage therapy in this state and who have been practicing in this state for at least five years immediately preceding their appointment.  The governor may make these appointments from a list of names submitted by a statewide massage or bodywork therapy association, or both, or any other group or person.

2. Three public members who are residents of this state and who are not affiliated with and do not have any financial interest in any health care profession but who have an interest in consumer rights or have a background in compliance or law enforcement issues. At least one public member must be actively involved in programs or services that help to reduce or prevent human trafficking.

B. Board members serve staggered five-year terms that begin and end on the third Monday in January.  Board members shall not serve for more than two successive five-year terms or for more than ten consecutive years, except that the term of office for a member of the board appointed to fill a vacancy that occurs before the expiration of a full term is for the unexpired portion of that term, and the governor may reappoint that member to not more than two additional full terms.

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

D. Board members are eligible to receive compensation in the amount of $100 per day for each day of actual service in the business of the board and for reimbursement of expenses pursuant to title 38, chapter 4, article 2 to cover necessary expenses for attending each board meeting or for representing the board in an official board approved activity.

E. A board member who acts within the scope of board duties, without malice and in the reasonable belief that the member's action is warranted by law is not subject to civil liability.
A.R.S. § 32-3211 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3211
32-3211 Medical records; protocol; unprofessional conduct; corrective action; exemptions
Status: in_force

32-3211. Medical records; protocol; unprofessional conduct; corrective action; exemptions

A. A health professional must prepare a written protocol for the secure storage, transfer and access of the medical records of the health professional's patients.  At a minimum the protocol must specify:

1. If the health professional terminates or sells the health professional's practice and the patient's medical records will not remain in the same physical location, the procedure by which the health professional shall notify each patient in a timely manner before the health professional terminates or sells the health professional's practice in order to inform the patient regarding the future location of the patient's medical records and how the patient can access those records.

2. The procedure by which the health professional may dispose of unclaimed medical records after a specified period of time and after the health professional has made good faith efforts to contact the patient.

3. How the health professional shall timely respond to requests from patients for copies of their medical records or to access their medical records.

B. The protocol prescribed in subsection A of this section must comply with the relevant requirements of title 12, chapter 13, article 7.1 regarding medical records.

C. A health professional shall indicate compliance with the requirements of this section on the health professional's application for relicensure in a manner prescribed by the health professional's regulatory board.

D. A health professional who does not comply with this section commits an act of unprofessional conduct.

E. In addition to taking disciplinary action against a health professional who does not comply with this section, the health professional's regulatory board may take corrective action regarding the proper storage, transfer and access of the medical records of the health professional's patients.  For the purposes of this subsection, corrective action does not include taking possession or management of the medical records.

F. For the purposes of this section, health professional does not include a veterinarian.

G. This section does not apply to a health professional who is employed by a health care institution as defined in section 36-401 that is responsible for the maintenance of the medical records.
A.R.S. § 32-3234 — Arizona Code / Title 32 / Chapter 32 / Article 2 / Section 3234
32-3234 Laser safety fund
Status: in_force

32-3234. Laser safety fund

The laser safety fund is established consisting of fees collected by the department pursuant to section 32-3233. The department shall administer the fund. Monies in the fund are continuously appropriated.
A.R.S. § 32-2936 — Arizona Code / Title 32 / Chapter 29 / Article 3 / Section 2936
32-2936 Patient records
Status: in_force

32-2936. Patient records

A licensee must keep a patient's medical records as follows:

1. If the patient is an adult, for at least seven years after the last date the licensee provided the patient with medical or health care services.

2. If the patient is a child, either for at least three years after the child's eighteenth birthday or for at least seven years after the last date the licensee provided that patient with medical or health care services, whichever date occurs first.

3. If the patient dies before the expiration of the dates prescribed in paragraph 1 or 2, for at least three years after the patient's death.
A.R.S. § 32-3272 — Arizona Code / Title 32 / Chapter 33 / Article 3 / Section 3272
32-3272 Fees
Status: in_force

32-3272. Fees

A. For issuance of a license pursuant to this chapter, including application fees, the board shall establish and charge reasonable fees not to exceed $500.

B. For renewal of a license pursuant to this chapter, the board shall establish and charge reasonable fees not to exceed $500. The board shall not increase fees pursuant to this subsection more than $25 each year.

C. The board by rule may adopt a fee for applications for approval of educational curricula pursuant to section 32-3253, subsection A, paragraph 14.

D. The board shall establish fees to produce monies that approximate the cost of maintaining the board.

E. The board shall waive the application fee for an independent level license if an applicant has paid the fee for an initial or renewal associate level license in this state and within ninety days after payment of the fee the applicant applies for an independent level license.

F. The board shall waive the renewal fee for an associate level license if the licensee has submitted the renewal application and the licensee's application for independent licensure is pending at the time of renewal.
A.R.S. § 32-1237 — Arizona Code / Title 32 / Chapter 11 / Article 2 / Section 1237
32-1237 Restricted permit
Status: in_force

32-1237. Restricted permit

A. A person may apply for a restricted permit if the applicant demonstrates to the board's satisfaction that the applicant:

1. Has a pending contract with a recognized charitable dental clinic or organization or will be practicing for educational purposes in connection with and while enrolled in recognized continuing dental education that offers dental services without compensation or at a rate that only reimburses the clinic for dental supplies and overhead costs and the applicant will receive no compensation for dental services provided at the clinic or organization or in connection with the recognized continuing dental education.

2. Has a license to practice dentistry issued by another state or territory of the United States or the District of Columbia.

3. Has been actively engaged in one or more of the following for at least three years immediately preceding the application:

(a) The practice of dentistry.

(b) An approved dental residency training program.

(c) Postgraduate training deemed by the board equivalent to an approved dental residency training program.

4. Is competent and proficient to practice dentistry.

5. Meets the requirements of section 32-1232, subsection A, other than the requirement to meet section 32-1233.

B. For the purposes of meeting the requirements of subsection A of this section, the provider of the recognized continuing dental education, before the commencement of the recognized continuing dental education, shall notify the board of the restricted permit applicants the provider has accepted that meet the requirements of section 32-1231, paragraph 9.  The board shall acknowledge receipt of the notification within five business days after the later of receiving either:

1. The notification.

2. A copy of the applicants' valid fingerprint clearance cards.
A.R.S. § 32-2193 — Arizona Code / Title 32 / Chapter 20 / Article 5 / Section 2193
32-2193 Waiver of rights
Status: in_force

32-2193. Waiver of rights

The failure of an aggrieved person to comply with all of the provisions of this article shall constitute a waiver of any rights hereunder.
A.R.S. § 32-1391.12 — Arizona Code / Title 32 / Chapter 12 / Article 5 / Section 1391.12
32-1391.12 Prearranged funeral sales endorsement; requirements
Status: in_force

32-1391.12. Prearranged funeral sales endorsement; requirements

A. A funeral establishment that desires to offer or sell prearranged funeral agreements funded by trust shall apply to the department for an endorsement to its establishment license. The department shall issue the endorsement if the funeral establishment satisfies the following requirements:

1. Pays the prescribed application fee pursuant to section 32-1309.

2. Provides the name and address of each person owning ten percent or more of the common shares or other ownership or beneficial interest in the funeral establishment.

3. Provides the name and address, any prior names or aliases, all prior addresses for the immediately preceding seven-year period, and the date and location of birth of any responsible funeral director, manager, officer, owner, trustee or other person controlling the funeral establishment and who has been convicted of any of the crimes or has been the subject of any of the court actions described in section 10-202, subsection D, paragraph 1, subdivisions (a), (b) and (c).

4. Delivers a corporate surety bond in favor of this state, executed by a surety company authorized to do business in this state, in the amount that is prescribed by the department and that is recoverable by this state for the benefit of any person injured by a violation of this article. The department shall establish, in its rules, a separate bond requirement amount for each of the following:

(a) Funeral establishments that sold fewer than one hundred prearranged funeral agreements funded by trust during the immediately preceding calendar year.

(b) Funeral establishments that sold one hundred or more but fewer than two hundred fifty prearranged funeral agreements funded by trust during the immediately preceding calendar year.

(c) Funeral establishments that sold two hundred fifty or more prearranged funeral agreements funded by trust during the immediately preceding calendar year.

Bond amount requirements established by the department shall be at least $15,000 but not more than $50,000 for each funeral establishment.

5. Provides the full name and address of the funeral director designated by the funeral establishment to offer or sell prearranged funerals and all of the following:

(a) A recent photograph of the designated funeral director.

(b) Any prior names or aliases used by the designated funeral director.

(c) All prior addresses of the designated funeral director for the immediately preceding seven-year period.

(d) The date and location of the designated funeral director's birth.

(e) A declaration from the designated funeral director that the funeral director has not been convicted of any felony or convicted of any other crime involving dishonesty, fraud, deception, misrepresentation, embezzlement or breach of fiduciary duty in any state or federal court within the seven-year period immediately preceding the date of application.

(f) A declaration from the designated funeral director that the funeral director has not been the subject of a consumer fraud, securities fraud or civil racketeering judgment or consent order in any state or federal court within the seven-year period immediately preceding the date of application.

6. Provides information about existing prearranged funeral agreements funded by trust of the funeral establishment required by the department.

B. A prearranged funeral sales endorsement does not expire and remains valid unless either of the following occurs:

1. The department subsequently revokes the endorsement.

2. The endorsement is considered void because the licensee did not pay the application fee before the fee due date.
A.R.S. § 32-2460 — Arizona Code / Title 32 / Chapter 24 / Article 4 / Section 2460
32-2460 Authority to employ unlicensed persons; duty to maintain records
Status: in_force

32-2460. Authority to employ unlicensed persons; duty to maintain records

A. Except as provided in this chapter, a licensee may employ as many unlicensed or unregistered persons as may be necessary to assist the licensee in business and the licensee is at all times legally responsible for the good conduct in the business of each person employed. This section does not authorize any unlicensed or unregistered person to perform any service of a type for which a license or registration is required under this chapter unless the person performs the service as a properly registered employee of a licensee.

B. Every licensed agency shall keep an accurate and current record of pertinent information on all employees that is available to the department on request.
A.R.S. § 32-2236 — Arizona Code / Title 32 / Chapter 21 / Article 3 / Section 2236
32-2236 Refusal to issue or renew license; reapplication
Status: in_force

32-2236. Refusal to issue or renew license; reapplication

A. The board, by majority consent, may refuse to issue or renew a permit or license for any of the causes prescribed in section 32-2233. The procedure for refusal to issue or renew a license or permit, or both, shall be as provided in section 32-2234.

B. If a permit or license is not issued or renewed, such person may not apply for a permit or license until six months have elapsed from the date of refusal, and the new application shall be accompanied with the regular examination fee and the license fee.
A.R.S. § 32-1651 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1651
32-1651 Clinical nurse specialists; prescribing and dispensing authority
Status: in_force

32-1651. Clinical nurse specialists; prescribing and dispensing authority

A. The board shall grant to a clinical nurse specialist the privileges to prescribe and dispense pharmacological agents if the clinical nurse specialist has both of the following:

1. The education and training equivalent to the requirements to prescribe and dispense pharmacological agents of a registered nurse practitioner, including successful completion of a nationally accredited advanced practice nursing program.

2. Certification as a clinical nurse specialist by a nationally recognized certification entity approved by the board.

B. A clinical nurse specialist may prescribe only for patients of a licensed health care institution that uses the services of the clinical nurse specialist as follows:

1. In a licensed hospital or hospital-affiliated outpatient treatment center, a behavioral health inpatient facility, a nursing care institution, a recovery care center, a behavioral health residential facility or a hospice, the clinical nurse specialist may prescribe or dispense only pursuant to the protocols or standards applicable to clinical nurse specialists of the health care institution and may not prescribe a schedule II controlled substance that is an opioid except pursuant to protocols or standing orders of the health care institution.  The prescribing and dispensing of opioid or benzodiazepine prescriptions by a clinical nurse specialist is limited to treating patients while at the licensed health care institution and is not for patients to use or fill outside of the licensed health care institution except pursuant to discharge protocols of the institution.

2. In a licensed outpatient treatment center or an outpatient treatment center that is exempt from licensure pursuant to section 36-402, subsection A, paragraph 12 that provides behavioral health services or qualifies pursuant to federal law as a community health center, the clinical nurse specialist may prescribe or dispense only pursuant to the protocols or standards applicable to clinical nurse specialists of the health care institution.  The clinical nurse specialist may not prescribe a schedule II controlled substance that is an opioid except for an opioid that is for medication-assisted treatment for substance use disorders.

C. A clinical nurse specialist shall report any required information relating to dispensing or prescribing medication pursuant to the health care institution's protocols.

D. For the purposes of this section, a health care institution's protocols relating to the dispensing and prescribing authority of a clinical nurse specialist shall be developed with the input of the institution's medical director.
A.R.S. § 32-742 — Arizona Code / Title 32 / Chapter 6 / Article 3 / Section 742
32-742 Revocation or suspension of firm's registration; failure to renew or reinstate; reinstatement; relinquishment
Status: in_force

32-742. Revocation or suspension of firm's registration; failure to renew or reinstate; reinstatement; relinquishment

After notice and an opportunity for a hearing, the board may revoke or suspend a firm's registration or may take disciplinary action for any of the causes enumerated in section 32-741, subsection A or for either of the following:

1. The relinquishment, revocation or suspension of any certificate issued by the board to any owner of the firm.  This paragraph does not apply to a suspension for nonregistration pursuant to section 32-741.01.

2. The failure to comply with section 32-731, subsection E.
A.R.S. § 32-906; Version 2 — Arizona Code / Title 32 / Chapter 8 / Article 1 / Section 906; Version 2
32-906; Version 2 Board of chiropractic examiners fund
Status: in_force

32-906. Board of chiropractic examiners fund

(L24, Ch. 222, sec. 10.  Eff. 7/1/28)

A. All monies, except civil penalties collected pursuant to section 32-924, that are received by the board shall be deposited monthly. Pursuant to sections 35-146 and 35-147, the board shall deposit ten percent of the monies in the state general fund and deposit the remaining ninety percent in the board of chiropractic examiners fund. All monies that are derived from civil penalties collected pursuant to section 32-924 shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

B. Monies that are deposited in the board of chiropractic examiners fund are subject to section 35-143.01.
A.R.S. § 32-1704 — Arizona Code / Title 32 / Chapter 16 / Article 1 / Section 1704
32-1704 Powers and duties of the board
Status: in_force

32-1704. Powers and duties of the board

A. The board shall adopt, and may amend, rules consistent with this chapter governing the practice of the profession of optometry, for the performance of its duties under this chapter and for the examination of applicants for licenses. The board shall adopt and use a seal, administer oaths and take testimony concerning any matter within its jurisdiction.

B. The board may not adopt a rule that:

1. Regulates a licensee's fees or charges to a patient.

2. Regulates the place in which a licensee may practice.

3. Prescribes the manner or method of accounting, billing or collection of fees.

4. Prohibits advertising by a licensee unless the advertising is inconsistent with section 44-1481.

C. The board shall maintain its records in accordance with a retention schedule approved by the Arizona state library, archives and public records.

D. The board shall adopt rules for criteria it must use to approve continuing education programs for licensees.  Programs shall be designed to assist licensees to maintain competency, to become aware of new developments in the practice of the profession of optometry and to increase management skills and administrative efficiency.  The board shall approve programs that meet these criteria.

E. Subject to title 41, chapter 4, article 4, the board may hire an executive director as an employee of the board. The executive director is responsible for the performance of the regular administrative functions of the board and such other administrative duties as the board may direct.  The executive director is eligible to receive compensation in an amount as determined pursuant to section 38-611.

F. The board may hire investigators subject to title 41, chapter 4, article 4 or contract with investigators to assist in the investigation of violations of this chapter, hire other employees subject to title 41, chapter 4, article 4 required to carry out this chapter and contract with other state agencies when required to carry out this chapter.

G. The board may:

1. Appoint advisory committees.

2. Issue subpoenas for the attendance of witnesses and the production of books, records, documents and other evidence it deems relevant to an investigation or hearing.

3. Charge reasonable fees for materials it has printed at its own expense.

4. Delegate to the executive director, board staff and persons with whom the board contracts the board's licensing and regulatory duties.  The board shall adopt rules for each specific licensing and regulatory duty the board delegates pursuant to this paragraph.

H. Subject to title 41, chapter 4, article 4, the board may hire consultants and professional and clerical personnel as required to perform its duties.

I. The board may contract with other state or federal agencies as required to carry out this chapter.

J. Subject to the limitations of section 41-2544, the executive director may enter into agreements to allow licensees to pay fees by alternative methods, including credit cards, charge cards, debit cards and electronic funds transfers.

K. A person who is aggrieved by an action taken by the executive director, board staff or person with whom the board contracts may request the board to review that action by filing with the board a written request within thirty days after that person is notified of the action by personal delivery or certified mail to that person's last known residence or place of business. At the next regular board meeting, the board shall review the action and approve, modify or reject the action.

L. The board shall report allegations of evidence of criminal wrongdoing to the appropriate criminal justice agency.
A.R.S. § 32-3607 — Arizona Code / Title 32 / Chapter 36 / Article 1 / Section 3607
32-3607 Fees; use of credit cards; appraisal subcommittee fund
Status: in_force

32-3607. Fees; use of credit cards; appraisal subcommittee fund

A. The deputy director shall charge and collect fees that are sufficient to fund the activities necessary to carry out this chapter. The fees include:

1. An application fee for licensure or certification of not more than $400.

2. An application fee for a resident temporary license or certificate of not more than $400.

3. An examination fee in an amount to be determined by the deputy director.

4. A fee for renewal of a license, certificate or resident temporary license or certificate of not more than $425.

5. A delinquent renewal fee in addition to the renewal fee of not more than $25.

6. A two-year national registry fee of not to exceed the actual cost of twice the current annual national registry fee for a state-licensed or state-certified appraiser.

7. A one-year national registry fee not to exceed the actual cost of the current annual national registry fee for appraisal management companies.

8. A nonresident temporary licensure or certification fee of not more than $150.

9. A course approval fee of not more than $500.

10. An application fee to be a registered trainee appraiser in an amount to be determined by the deputy director.

B. If the appraisal subcommittee raises the national registry fee during the second year of a biennial license or certificate, state-licensed and state-certified appraisers shall pay the additional national registry fee on demand by the deputy director. Failure to pay the additional fee within thirty days after notice by the deputy director subjects the license or certificate holder to a penalty of twice the amount owed but not to exceed $20. The deputy director shall not renew a license or certificate until all outstanding obligations of the license or certificate holder are paid.

C. Pursuant to section 35-142, subsection J, the deputy director may accept a credit card or debit card for the payment of fees established by this section. The deputy director may impose a convenience fee for payment made pursuant to this subsection in an amount to be determined by the deputy director.

D. The appraisal subcommittee fund is established consisting of national registry fee monies collected pursuant to this section. The department shall administer the fund.  The department shall use the monies to promptly remit the national registry fees to the appraisal subcommittee for state-licensed appraisers, state-certified appraisers, registered appraisal management companies or appraisal management companies that operate as a subsidiary of a federally regulated financial institution.
A.R.S. § 32-1264 — Arizona Code / Title 32 / Chapter 11 / Article 3 / Section 1264
32-1264 Maintenance of records
Status: in_force

32-1264. Maintenance of records

A. A person who is licensed or certified pursuant to this chapter shall make legible permanent and contemporaneous written or electronic records concerning all diagnoses, evaluations and treatments of each patient of record.  The owner of a dental practice or a registered business entity shall maintain all written and electronic records. Electronic records must be retrievable in paper form. These records shall include:

1. All treatment notes, including current health history and the results of clinical examinations.

2. Prescription and dispensing information, including all drugs, medicaments and dental materials used for patient care.

3. A diagnosis and treatment plan.

4. Dental and periodontal charting. Charting must include existing restorations, areas of requested care and notation of visual oral examination describing any areas of potential pathology or radiographic irregularities.

5. Documentation of informed consent.

6. All radiographs.

B. Records are available for review and for treatment purposes to the dentist, dental therapist, dental hygienist or denturist providing care.

C. On request, the licensee, registered business entity or certificate holder shall allow properly authorized board personnel to have access to the licensee's or certificate holder's place of practice to conduct an inspection and must make the licensee's or certificate holder's records, books and documents available to the board free of charge as part of an investigation process.

D. Within fifteen business days after a patient's written request, that patient's dentist, dental therapist, dental hygienist or denturist or a registered business entity shall transfer legible and diagnostic quality copies of that patient's records to another licensee or certificate holder or that patient. The patient may be charged for the reasonable costs of copying and forwarding these records. A dentist, dental therapist, dental hygienist, denturist or registered business entity may require that payment of reproduction costs be made in advance, unless the records are necessary for continuity of care, in which case the records shall not be withheld.  Copies of records shall not be withheld because of an unpaid balance for dental services.

E. Unless otherwise required by law, a person who is licensed or certified pursuant to this chapter or a business entity that is registered pursuant to this chapter must retain the original or a copy of a patient's dental records as follows:

1. If the patient is an adult, for at least six years after the last date the adult patient received dental services from that provider.

2. If the patient is a child, for at least three years after the child's eighteenth birthday or for at least six years after the last date the child received dental services from the provider, whichever occurs later.

F. A person who is licensed or certified pursuant to this chapter and who is an associate or employee of a dental practice is not responsible for storing or retaining medical records but shall compile and record the records in the customary manner.

G. A licensee or business entity shall release treatment records to third parties, including current and former associates, employees or dentists of the practice, as required by sections 12-2294 and 12-2294.01.

H. When a dentist retires or sells a practice, or when a registered business entity closes or sells a practice, the dentist or registered business entity shall take reasonable measures to ensure that the patient records are retained pursuant to this section.
A.R.S. § 32-1395 — Arizona Code / Title 32 / Chapter 12 / Article 6 / Section 1395
32-1395 Application; qualifications for licensure
Status: in_force

32-1395. Application; qualifications for licensure

A. An applicant for a crematory license shall submit a completed application on a form prescribed by the department. If the applicant is a business entity, the entity shall direct a natural person who is an owner of the entity to submit its application. The application shall be subscribed under oath, shall contain the name of the responsible cremationist and shall be accompanied by the applicable fee pursuant to section 32-1309 and any additional information that the department deems necessary. A business entity that applies for a license pursuant to this article shall submit to the department with its application for licensure a copy of its partnership agreement, its articles of incorporation or organization or any other organizational documents required to be filed with the corporation commission.

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

C. The department shall inspect the premises of a crematory and investigate the character and other qualifications of all applicants for licensure pursuant to this article to determine whether the crematory and the applicants are in compliance with the requirements of this article and rules adopted by the department.

D. If the department finds that the applicant meets the criteria for licensure under this article and rules adopted by the department, the department shall issue a crematory license.
A.R.S. § 32-1139 — Arizona Code / Title 32 / Chapter 10 / Article 2.1 / Section 1139
32-1139 Liability of fund for each residential contractor's license; suspension of license; repayment
Status: in_force

32-1139. Liability of fund for each residential contractor's license; suspension of license; repayment

A. The liability of the fund shall not exceed two hundred thousand dollars for any one residential contractor's license. If claims against the fund on behalf of any one residential contractor's license exceed two hundred thousand dollars, the claims shall be paid based on a pro rata share of the common liability, and the registrar or a court entering an order for payment after the sum of two hundred thousand dollars has been paid from the fund shall modify the order indicating that no further recovery from the fund shall be allowed.

B. If any amount is paid from the fund in settlement of a claim arising from the act, representation, transaction or conduct of a residential contractor, the license of the contractor shall be automatically suspended by operation of law until the amount paid from the fund is repaid in full, plus interest at the rate of ten per cent a year. Any person who is or was, at the time of the act or omission, named on a license that has been suspended because of a payment from the recovery fund is not eligible to receive a new license or retain another existing license that also shall be suspended by operation of law, nor shall any suspended license be reactivated, until the amount paid from the fund is repaid as provided in this subsection.

C. After receiving an award from the fund pursuant to this article a person is deemed to have assigned to the registrar the person's rights for recovery against the responsible residential contractor licensed pursuant to this chapter to the extent of the person's award from the fund.
A.R.S. § 32-1961.01 — Arizona Code / Title 32 / Chapter 18 / Article 3 / Section 1961.01
32-1961.01 Remote dispensing site pharmacies
Status: in_force

32-1961.01. Remote dispensing site pharmacies

A. A remote dispensing site pharmacy shall obtain and maintain a pharmacy license issued by the board.

B. A remote dispensing site pharmacy shall meet all of the following requirements:

1. Either be jointly owned by a supervising pharmacy in this state or be operated under a contract with a pharmacy licensed and located in this state.

2. Be supervised by a pharmacist licensed and located in this state who is designated as the pharmacist who is responsible for the oversight of the remote dispensing site pharmacy.

3. Display a sign visible to the public indicating that the facility is a remote dispensing site pharmacy, that the facility is under continuous video surveillance and that the video is recorded and retained.

4. Use a common electronic recordkeeping system between the supervising pharmacy and the remote dispensing site pharmacy or allow the supervising pharmacy to access all of the remote dispensing site pharmacy's dispensing system records.

C. A pharmacist may supervise one remote dispensing site pharmacy if the pharmacist is also supervising and dispensing in a licensed pharmacy. A pharmacist may supervise up to two remote dispensing site pharmacies if the pharmacist is not simultaneously supervising and dispensing at another licensed pharmacy.  A pharmacist may supervise additional remote dispensing site pharmacies with board approval.

D. A remote dispensing site pharmacy may store, hold and dispense all prescription medications.  The remote dispensing site pharmacy shall:

1. Maintain a perpetual inventory of controlled substances.

2. Secure schedule II controlled substances that are opioids separately from other prescription medications used by this pharmacy locked by key, combination or other mechanical or electronic means to prohibit access by unauthorized personnel.

3. Require that the controlled substances prescription monitoring program's central database tracking system be queried pursuant to section 36-2606 by a pharmacist who is designated as the pharmacist responsible for the oversight of the remote dispensing site pharmacy before a prescription order for a schedule II controlled substance is dispensed.

4. Comply with any dispensing limits associated with the prescribing of schedule II controlled substances that are opioids.

5. Maintain a continuous system of video surveillance and recording of the pharmacy department for at least sixty days after the date of recording.

E. Each remote dispensing site pharmacy shall maintain a policy and procedures manual, which shall be made available to the board or its agent on request. In addition to any board-approved community pharmacy policy and procedure requirements, the policy and procedures manual shall include all of the following information:

1. A description of how the remote dispensing site pharmacy will comply with federal and state laws, rules and regulations.

2. The procedure for supervising the remote dispensing site pharmacy and counseling the patient or patient's caregiver using audio and visual technology that complies with the health insurance portability and accountability act of 1996.

3. The elements of a monthly inspection of the remote dispensing site pharmacy by the pharmacist who is designated as the pharmacist responsible for the oversight of the remote dispensing site pharmacy, including requirements for documentation and retention of the results of each inspection.

4. The procedure for reconciling on a monthly basis the perpetual inventory of controlled substances to the on-hand count of controlled substances at the remote dispensing site pharmacy.

5. A description of how the remote dispensing site pharmacy will improve patient access to a pharmacist and pharmacy services.
A.R.S. § 32-742.01 — Arizona Code / Title 32 / Chapter 6 / Article 3 / Section 742.01
32-742.01 Investigations
Status: in_force

32-742.01. Investigations

A. The board on its own motion, or on receiving a complaint or other information suggesting violations of this chapter or board rules, may conduct or direct an authorized committee to conduct an initial analysis which shall be completed before the board may open an investigation file pursuant to subsection B to determine whether reasonable cause exists to believe that there is a violation of this chapter or board rules.  The board or its authorized committee may designate one or more persons of appropriate competence to assist the board in its initial analysis.

B. After an initial analysis if the board finds reasonable cause to believe there is a violation of this chapter or board rules, the board may direct that an investigation file be opened to determine if there is reasonable cause to institute disciplinary proceedings under this chapter. An investigation is not a prerequisite to disciplinary proceedings under this chapter if reasonable cause can be determined without an investigation.

C. To assist in the investigation, the board or an authorized committee may designate one or more persons of appropriate competence to be investigators.  When completing an investigation, the investigator shall file a report with the board or an authorized committee. Based on the investigator's report, the board or authorized committee may request further investigation, hold voluntary investigative interviews, make appropriate recommendations for dismissal, letters of concern, consent orders or other disciplinary actions.

D. If the board does not find reasonable cause to believe that there is a violation of this chapter or board rules, the board shall close the investigation file.
A.R.S. § 32-1457 — Arizona Code / Title 32 / Chapter 13 / Article 3 / Section 1457
32-1457 Acquired immune deficiency syndrome; disclosure of patient information; immunity; definition
Status: in_force

32-1457. Acquired immune deficiency syndrome; disclosure of patient information; immunity; definition

A. Notwithstanding section 32-1401, it is not an act of unprofessional conduct for a doctor of medicine to report to the department of health services the name of a patient's spouse or sex partner or a person with whom the patient has shared hypodermic needles or syringes if the doctor of medicine knows that the patient has contracted or tests positive for the human immunodeficiency virus and that the patient has not or will not notify these people and refer them to testing. Before making the report to the department of health services, the doctor of medicine shall first consult with the patient and ask the patient to release this information voluntarily.

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

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

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

E. For the purposes of this section, "significant exposure" means contact of a person's ruptured or broken skin or mucous membranes with another person's blood or body fluids, other than tears, saliva or perspiration, of a magnitude that the centers for disease control of the United States public health service have epidemiologically demonstrated can result in transmission of the human immunodeficiency virus.
A.R.S. § 32-1432.03 — Arizona Code / Title 32 / Chapter 13 / Article 2 / Section 1432.03
32-1432.03 Training permits; approved schools
Status: in_force

32-1432.03. Training permits; approved schools

The executive director may grant a one year training permit to a person who:

1. Participates in a program at an approved school of medicine or a hospital that has an approved hospital internship, residency or clinical fellowship program if the purpose of the program is to exchange technical and educational information.

2. Pays the prescribed fee.

3. Submits a written statement from the dean of the approved school of medicine or from the chairman of a teaching hospital's accredited graduate medical education program that:

(a) Includes a request for the permit and describes the purpose of the exchange program.

(b) Specifies that the host institution will provide liability coverage.

(c) Provides the name of a doctor of medicine who will serve as the preceptor of the host institution and provide appropriate supervision of the participant.

(d) States that the host institution has advised the participant that the participant may serve as a member of an organized medical team but shall not practice medicine independently and that this training does not accrue toward postgraduate training requirements for licensure.
A.R.S. § 32-4201 — Arizona Code / Title 32 / Chapter 42 / Article 1 / Section 4201
32-4201 Definitions
Status: in_force

32-4201. Definitions

In this chapter, unless the context otherwise requires:

1. "Board" means the board of massage therapy.

2. "Board recognized school" means a school that is any of the following:

(a) Accredited to offer massage therapy education by an agency recognized by the secretary of the United States department of education.

(b) If located in this state, offered by a community college or approved by the state board for private postsecondary education.

(c) If located in another state or a Canadian province, approved by an agency similar to the state board for private postsecondary education.

(d) A career technical education district program that is offered by a career technical education district as defined in section 15-391.

3. "Bodywork therapy" means massage therapy.

4. "Massage therapist" means a person who is licensed under this chapter to engage in the practice of massage therapy.

5. "Massage therapy" means the following that are undertaken to increase wellness, relaxation, stress reduction, pain relief and postural improvement or provide general or specific therapeutic benefits:

(a) The manual application of compression, stretch, vibration or mobilization of the organs and tissues beneath the dermis, including the components of the musculoskeletal system, peripheral vessels of the circulatory system and fascia, when applied primarily to parts of the body other than the hands, feet and head.

(b) The manual application of compression, stretch, vibration or mobilization using the forearms, elbows, knees or feet or handheld mechanical or electrical devices.

(c) Any combination of range of motion, directed, assisted or passive movements of the joints.

(d) Hydrotherapy, including the therapeutic applications of water, heat, cold, wraps, essential oils, skin brushing, salt glows and similar applications of products to the skin.

6. "Practice of massage therapy" means the application of massage therapy to any person for a fee or other consideration.  Practice of massage therapy does not include the diagnosis of illness or disease, medical procedures, naturopathic manipulative medicine, osteopathic manipulative medicine, chiropractic adjustive procedures, homeopathic neuromuscular integration, electrical stimulation, ultrasound, prescription of medicines or the use of modalities for which a license to practice medicine, chiropractic, nursing, occupational therapy, athletic training, physical therapy, acupuncture or podiatry is required by law.
A.R.S. § 32-1432.01 — Arizona Code / Title 32 / Chapter 13 / Article 2 / Section 1432.01
32-1432.01 Education teaching permit
Status: in_force

32-1432.01. Education teaching permit

A. The dean of a board approved school of medicine or the chairman of a teaching hospital's accredited graduate medical education program may invite a doctor of medicine who is not licensed in this state to demonstrate and perform medical procedures and surgical techniques for the sole purpose of promoting professional education for students, interns, residents, fellows and doctors of medicine in this state.

B. The chairman or dean of the inviting institution shall provide to the board evidence that an applicant for an educational permit has malpractice insurance in an amount that meets the requirements of the institution and that the applicant accepts all responsibility and liability for the procedures he performs within the scope of his permit. In a letter to the board, the chairman or the dean of the inviting institution shall outline the procedures and techniques that the doctor of medicine shall perform or demonstrate and the dates that this activity will occur. The letter shall also include a summary of the doctor's of medicine educational and professional background and be accompanied by the fee required pursuant to section 32-1436.

C. The inviting institution shall submit the fees and documents required pursuant to subsection B of this section no later than two weeks before the scheduled activity.

D. The board or its staff shall issue an educational teaching permit for no more than five days for each approved activity.
A.R.S. § 32-1297.05 — Arizona Code / Title 32 / Chapter 11 / Article 5 / Section 1297.05
32-1297.05 Disposition of revenues
Status: in_force

32-1297.05. Disposition of revenues

The provisions of section 32-1212 shall apply to all fees, penalties and other revenues received by the board under this article.
A.R.S. § 32-2131 — Arizona Code / Title 32 / Chapter 20 / Article 2 / Section 2131
32-2131 Reinstatement of license
Status: in_force

32-2131. Reinstatement of license

A. The commissioner may reinstate a license that was issued under this article and that expired or was canceled, terminated, suspended or revoked as follows:

1. For a license that expired pursuant to section 32-2130, subsection F, by renewal application pursuant to this article.

2. For a license canceled pursuant to section 32-2126, subsection A or section 32-2129, subsection B or any other lawful authority:

(a) If within the license period, by reapplication and payment of applicable fees.

(b) If after expiration of the license, by original or renewal application, as appropriate, pursuant to this article.

3. For a license terminated pursuant to section 32-2188, subsection I, by:

(a) Repayment in full to the real estate recovery fund.

(b) Original application pursuant to this article.

(c) Providing evidence that the judgment that caused the recovery fund payment has been fully satisfied.

4. For a license terminated pursuant to section 32-2130, subsection F, by original application pursuant to this article.

5. For a license suspended pursuant to section 32-2153, 32-2154 or 32-2157 or any other lawful authority:

(a) If suspended for failure on the part of the licensee to meet procedural or educational requirements for maintaining the license, and the requirements have subsequently been fully met, and the suspension has been vacated:

(i) If within the license period, by reapplication and payment of applicable fees.

(ii) If after expiration of the license, by original or renewal application, as appropriate, pursuant to this article.

(b) If suspended by order of the commissioner for a specified length of time, and the suspension period has ended:

(i) If within the license period, by reapplication and payment of applicable fees.

(ii) If after expiration of the license, by original or renewal application, as appropriate, pursuant to this article.

6. For a license revoked pursuant to section 32-2153 or any other lawful authority, by original application pursuant to this article.

7. For a license suspended or revoked by order of the commissioner and this order is subsequently vacated as to the licensee, by reapplication only. No fees may be assessed. The reapplication may be initiated by the department on behalf of the licensee.

B. Except for canceled licenses, reinstatement of a license pursuant to subsection A of this section shall not be made for any licensee who is the subject of a department investigation into alleged violations of this chapter or of a pending administrative proceeding pursuant to article 3 of this chapter.

C. This section shall not be interpreted to lessen or reduce the qualifications otherwise required of license applicants under this article or the department's authority to deny a person's application for license reinstatement who does not otherwise meet all of the requirements.
A.R.S. § 32-2351 — Arizona Code / Title 32 / Chapter 23 / Article 1 / Section 2351
32-2351 Definitions
Status: in_force

32-2351. Definitions

In this chapter, unless the context otherwise requires:

1. "Agent" means any person who, for compensation, enrolls or attempts to enroll residents of this state in a professional driver training school through personal or telephone contact, advertisement, mail or any other type of publication.

2. "Director" means the director of the department of transportation.

3. "Instructor" means any person, whether acting for himself as an operator of a professional driver training school or for any such school for compensation, who teaches, conducts classes of, gives demonstrations to, or supervises the practice of persons learning to operate or drive motor vehicles or preparing to take an examination for a driver license or instruction permit, and any person who supervises the work of any other instructor.

4. "Professional driver training school" or "school" means a business enterprise conducted by an individual, association, partnership, or corporation that educates and trains persons, either practically or theoretically, or both, to operate or drive commercial motor vehicles, that prepares applicants for an examination given by the state for a commercial driver license or learner's permit and that charges a consideration or tuition for these services.
A.R.S. § 32-1336 — Arizona Code / Title 32 / Chapter 12 / Article 2 / Section 1336
32-1336 Department recognition; colleges of funeral service education or mortuary science
Status: in_force

32-1336. Department recognition; colleges of funeral service education or mortuary science

The department shall recognize any college of funeral service education or mortuary science that is either:

1. Accredited or provisionally accredited by the American board of funeral service education.

2. Approved by an accrediting agency that is recognized by the United States department of education and the council on postsecondary accreditation and requires a course of instruction in funeral service education or mortuary science that is equivalent to the course of instruction required by the American board of funeral service education.
A.R.S. § 32-705; Version 2 — Arizona Code / Title 32 / Chapter 6 / Article 1 / Section 705; Version 2
32-705; Version 2 Board of accountancy fund; disposition of monies
Status: in_force

32-705. Board of accountancy fund; disposition of monies

(L24, Ch. 222, sec. 6.  Eff. 7/1/28)

A. The board of accountancy fund is established consisting of fees authorized by this chapter.  Except as provided by subsection C of this section, the board shall deposit, pursuant to sections 35-146 and 35-147, ninety percent of all monies collected under this chapter in the board of accountancy fund and the remaining ten percent in the state general fund.

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

C. Monies collected by the board as administrative penalties pursuant to this chapter shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

D. The legislature shall appropriate monies from the fund for the expenses of administering this chapter, including:

1. Costs of conducting investigations, taking testimony and procuring the attendance of witnesses before the board or its committees.

2. Legal proceedings taken to enforce this chapter.

3. Educational programs to benefit the public, registrants and their employees.
A.R.S. § 32-2903 — Arizona Code / Title 32 / Chapter 29 / Article 1 / Section 2903
32-2903 Board meetings; organization; compensation
Status: in_force

32-2903. Board meetings; organization; compensation

A. The board shall hold an annual meeting each September in Maricopa county. At this meeting the board shall elect from its membership a president and a vice president.

B. The board by majority vote may also establish an annual schedule of regular meetings at times and places prescribed by the board.

C. The board may hold a special meeting if the president determines that this is necessary to carry out the board's functions. The vice president may call a special meeting if the president is unable to do so. At these meetings the board may use communications equipment that allows all participants to hear each other.

D. The executive director shall give each board member ten days' written notice of the date and time of each board meeting. On request of the president, the board by majority vote may waive this notification requirement. If the president is absent, the vice president may request that the board take this action.

E. A majority of board members constitutes a quorum. However, only a majority of the full board may issue a license.

F. Board members are eligible to receive compensation in the amount of not more than $150 for each day of actual service in the business of the board. Board members are eligible to receive compensation for all expenses necessarily and properly incurred in attending board meetings.

G. Medical consultants and agents appointed under section 32-2904 are eligible to receive compensation of not more than $200 for each day of service.
A.R.S. § 32-2261 — Arizona Code / Title 32 / Chapter 21 / Article 5 / Section 2261
32-2261 Emergency aid; nonliability
Status: in_force

32-2261. Emergency aid; nonliability

Any person licensed or certified pursuant to this chapter who gratuitously and in good faith gives emergency treatment to a sick or injured animal at the scene of an emergency shall not be liable in damages to the owner of such animal in the absence of gross negligence.
A.R.S. § 32-4303 — Arizona Code / Title 32 / Chapter 43 / Article 1 / Section 4303
32-4303 Military education, training and experience
Status: in_force

32-4303. Military education, training and experience

Notwithstanding any other law, the education, training or experience requirements for a license, certificate or registration issued pursuant to this title are completely or partially satisfied, as determined by the regulating entity, on presentation of satisfactory evidence that the applicant received substantially equivalent education, training or experience as a member of the United States armed forces or any national guard or other reserve component. The regulating entity shall work in conjunction with the department of veterans' services to access information regarding the applicant's military education, training or experience.
A.R.S. § 32-826 — Arizona Code / Title 32 / Chapter 7 / Article 2 / Section 826
32-826 Issuance of license
Status: in_force

32-826. Issuance of license

A. The board shall issue a license to practice podiatry to every person who pays the required fee and furnishes satisfactory proof of successfully completing a thirty-six-month residency program.

B. Each license shall be signed by the president and secretary of the board and bear the seal of the board.

C. The board shall deny a license to an applicant who satisfies all of the licensing requirements of this article if that applicant does not submit the license issuance fee within twelve months after the date of application. An applicant who fails to submit the fee within this time shall reapply for licensure pursuant to this article.
A.R.S. § 32-2637 — Arizona Code / Title 32 / Chapter 26 / Article 4 / Section 2637
32-2637 Violations; classification
Status: in_force

32-2637. Violations; classification

Any person who violates any of the provisions of this chapter is guilty of a class 1 misdemeanor.
A.R.S. § 32-2451 — Arizona Code / Title 32 / Chapter 24 / Article 4 / Section 2451
32-2451 Impersonation of a public officer; display of identification
Status: in_force

32-2451. Impersonation of a public officer; display of identification

A. No licensee, associate, registrant or employee of a licensee may wear a uniform, use a title, insignia, badge or identification card or make any statement that would lead a person to believe that he is connected in any way with the federal government, a state government or any political subdivision of a state government unless he is authorized by proper authorities to do so. No badge of any type may be used, shown or offered as identification in conjunction with the identification card or independently.

B. A licensee or registrant, on claiming to be a private investigator, shall display the identification card issued by the department to such persons as may have reasonable cause to verify the validity of the license or registration. The licensee or registrant shall display the identification card for a reasonable period of time for the requester to verify the information on the identification card.
A.R.S. § 32-558 — Arizona Code / Title 32 / Chapter 5 / Article 5 / Section 558
32-558 Student-school contracts
Status: in_force

32-558. Student-school contracts

A private school is required to execute a contract between itself and a student in duplicate. The form of the contract shall be approved by the board. A contract between a school and a student shall bear the signature of a school official and the student or parent or guardian if the student is under eighteen years of age. A fully executed copy of the contract shall be given to the student and the school shall keep the original copy.
A.R.S. § 32-3669 — Arizona Code / Title 32 / Chapter 36 / Article 5 / Section 3669
32-3669 Controlling person requirements
Status: in_force

32-3669. Controlling person requirements

A. Each appraisal management company applying to the deputy director for registration in this state shall designate one controlling person who will be the main contact for all communication between the deputy director and the appraisal management company.

B. To serve as a controlling person of an appraisal management company, a person shall:

1. Certify to the deputy director that the person has never had any financial, real estate or mortgage lending industry license or certificate issued by this state, or any other state, refused, denied, canceled, revoked or voluntarily surrendered. This requirement may be waived by appeal and at the discretion of the deputy director.

2. Apply for a valid fingerprint clearance card issued pursuant to section 41-1758.03.
A.R.S. § 32-1391.08 — Arizona Code / Title 32 / Chapter 12 / Article 5 / Section 1391.08
32-1391.08 Prearranged funeral agreements funded by trust; death of beneficiary
Status: in_force

32-1391.08. Prearranged funeral agreements funded by trust; death of beneficiary

A. After the death of a beneficiary of a prearranged funeral agreement funded by trust, the financial institution shall release a portion of the remaining trust funds equal to the funeral establishment's charges for funeral goods and services for the beneficiary's funeral arrangement to the funeral establishment on receipt of the beneficiary's certified death certificate and a certificate from the funeral establishment stating that it provided the requested funeral goods and services and stating the total charges for those goods and services.

B. After the death of a beneficiary of a fixed price prearranged funeral agreement funded by trust, the financial institution may release a portion of the trust funds equal to the funeral establishment's charges for the beneficiary's funeral arrangements and all then accrued interest on the trust funds to the funeral establishment on receipt of the beneficiary's certified death certificate and a certificate from the establishment stating that it provided the requested funeral goods and services, stating that the establishment agreed to fix the prices of those goods and services and the purchaser agreed to convey the accrued interest on performance of the funeral arrangements and stating the total charges for those goods and services.

C. If any trust funds remain after disbursement to the funeral establishment, the remaining funds shall be paid to the estate of the beneficiary.

D. If the funeral establishment does not provide funeral goods and services for the beneficiary's funeral arrangements within thirty days after the death of the beneficiary, all remaining trust funds shall be paid immediately to the estate of the beneficiary. This shall not be the exclusive remedy available to the purchaser or the estate of the beneficiary if there has been a breach of contract.

E. If the funeral establishment provides any funeral goods or services to the purchaser or beneficiary before the death of the beneficiary, the provision shall not constitute performance under the prearranged funeral agreement and shall not entitle the funeral establishment to any portion of the trust funds.
A.R.S. § 32-1311 — Arizona Code / Title 32 / Chapter 12 / Article 1 / Section 1311
32-1311 Immunity
Status: in_force

32-1311. Immunity

A. Employees and agents of the department are immune from personal liability with respect to acts done and actions taken in good faith and in furtherance of the purposes of this chapter.

B. Any person who reports or provides information to the department in good faith is not subject to an action for civil damages.
A.R.S. § 32-128 — Arizona Code / Title 32 / Chapter 1 / Article 2 / Section 128
32-128 Disciplinary action; letter of concern; judicial review
Status: in_force

32-128. Disciplinary action; letter of concern; judicial review

A. The board may take the following disciplinary actions, in combination or alternatively:

1. Revocation of a certification or registration.

2. Suspension of a certification or registration for a period of not more than three years.

3. Imposition of an administrative penalty of not more than two thousand dollars for each violation of this chapter or rules adopted pursuant to this chapter.

4. Imposition of restrictions on the scope of the registrant's practice.

5. Imposition of peer review and professional education requirements.

6. Imposition of probation requirements that are best adapted to protect the public safety, health and welfare and that may include a requirement for restitution payments to professional services clients or to other persons suffering economic loss resulting from violations of this chapter or rules adopted pursuant to this chapter.

7. Issuance of a letter of reprimand informing a person regulated under this chapter of a violation of this chapter or rules adopted by the board.

B. The board may issue a letter of concern if the board believes there is insufficient evidence to support disciplinary action against the registrant or home inspector but sufficient evidence for the board to notify the registrant or home inspector of the board's concern.  A letter of concern is a public document.

C. The board may take disciplinary action against the holder of a certificate or registration under this chapter who is charged with the commission of any of the following acts:

1. Fraud or misrepresentation in obtaining a certificate of qualification, whether in the application or qualification examination.

2. Gross negligence, incompetence, bribery or other misconduct in the practice of the profession.

3. Aiding or abetting an unregistered or uncertified person to evade this chapter or knowingly combining or conspiring with an unregistered or uncertified person, or allowing one's registration or certification to be used by an unregistered or uncertified person or acting as agent, partner, associate or otherwise of an unregistered or uncertified person, with intent to evade this chapter.

4. Violation of this chapter or board rules.

5. Failing to pay a collaborating registered professional within seven calendar days after the registrant receives payment from a client unless specified otherwise contractually between the prime professional and the collaborating registered professional.  For the purposes of this paragraph, "collaborating registered professional" means a registered professional with whom the prime professional has a contract to perform professional services.

D. The board may make investigations, employ investigators and expert witnesses, appoint members of advisory committees and conduct hearings to determine whether a disciplinary action should be taken against the holder of a certificate or registration under this chapter.

E. An investigation may be initiated on receipt of an oral or written complaint.  The board, on its own motion, may direct the executive director to file a verified complaint charging a person with a violation of this chapter or board rules and shall give notice of the hearing pursuant to title 41, chapter 6, article 10.  The executive director shall then serve on the accused, by either personal service or certified mail, a copy of the complaint together with notice setting forth the charge or charges to be heard and the time and place of the hearing, which shall not be less than thirty days after the service or mailing of notice.

F. A person who has been notified of charges pending against the person shall file with the board an answer in writing to the charges not more than thirty days after service of the complaint and notice of hearing. If a person fails to answer in writing, it is deemed an admission by the person of the act or acts charged in the complaint and notice of hearing.  The board may then take disciplinary action pursuant to this chapter without a hearing.

G. A disciplinary action may be informally settled by the board and the accused either before or after initiation of hearing proceedings.

H. On its determination that any person has violated this chapter or a rule adopted pursuant to this chapter, the board may assess the person with its reasonable costs and expenses, including attorney fees, incurred in conducting the investigation and administrative hearing.  All monies collected pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the technical registration fund established by section 32-109 and shall only be used by the board to defray its expenses in connection with investigation related training, disciplinary investigations and hearings. Notwithstanding section 35-143.01, these monies may be spent without legislative appropriation.

I. The board shall immediately notify the clerk of the board of supervisors of each county in the state of the suspension or revocation of a certificate or of the reissuance of a suspended or revoked certificate.

J. Except as provided in section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 32-2041 — Arizona Code / Title 32 / Chapter 19 / Article 3 / Section 2041
32-2041 Lawful practice
Status: in_force

32-2041. Lawful practice

A. A physical therapist shall refer a client to appropriate health care practitioners if the physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice or if physical therapy is contraindicated.

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

C. A physical therapist licensed under this chapter shall practice physical therapy as prescribed by this chapter.
A.R.S. § 32-922 — Arizona Code / Title 32 / Chapter 8 / Article 2 / Section 922
32-922 Examinations; licensure
Status: in_force

32-922. Examinations; licensure

A. The examination for a license to practice chiropractic required of applicants shall be conducted at a time and place designated by the board at least semiannually. Each applicant to be examined shall first file a completed application found to be true and correct and shall be given at least twenty days' written notice of the time and place of the examination.

B. The examination shall be in English, practical in character and designed to include subjects that are necessary to ascertain the applicant's knowledge of and fitness to practice chiropractic safely and skillfully as authorized in this state. Examinations shall include material relating to chiropractors and Arizona jurisprudence and the following subjects as taught by accredited chiropractic colleges:

1. Anatomy.

2. Physiology.

3. Pathology.

4. Bacteriology.

5. Symptomatology.

6. Diagnosis, including physical, clinical, x-ray and laboratory subjects.

7. Chiropractic orthopedics.

8. Principles of chiropractic and adjusting.

9. Neurology.

10. Chemistry, including biochemistry and nutrition.

11. Public health and hygiene.

12. Chiropractic spinal analysis.

C. The board may waive examination in those subjects that the applicant passed previously with the percentage of correct answers prescribed in subsection D of this section in an examination conducted by the national board of chiropractic examiners.

D. The board shall grant a license to an applicant who meets all of the following requirements:

1. Correctly answers at least seventy-five percent of all questions asked on the subjects identified in subsection B of this section or attains a board approved passing score on all questions asked on the subjects identified in subsection B of this section in an examination administered by a board approved testing facility.

2. Correctly answers at least seventy-five percent of the questions on jurisprudence.

3. Meets all other licensing requirements of this chapter.

4. Pays the original license fee of not more than one hundred twenty-five dollars as established by the board.

E. An applicant who fails the examination for the first time may retake the examination within one year if the applicant submits an updated application that meets the requirements of section 32-921.

F. An applicant shall reapply for licensure if the applicant does not pay the original license fee within one year after having been notified by the board that the applicant is eligible to receive a license.
A.R.S. § 32-3218 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3218
32-3218 Health profession regulatory boards; members; training; definitions
Status: in_force

32-3218. Health profession regulatory boards; members; training; definitions

A. Beginning January 1, 2015, each member of a health profession regulatory board shall complete a twelve-hour training within one year after the member's initial appointment to the board. Any member of a health profession regulatory board whose initial appointment was before January 1, 2015 has until January 1, 2016 to complete the training required by this subsection. The training must include the subjects of governance and administrative management, disciplinary procedures, conduct of quasi-judicial proceedings, administrative procedure and rule adoption and licensure as they apply to the health profession regulatory board.  Any training completed by a current board member on and after January 1, 2014 on the topics specified in this subsection may count toward the requirements of this subsection.

B. The training of board members required by this section may be provided by the staff of any health profession regulatory board, the office of the attorney general, the department of administration, the auditor general or an outside educational institution or any other provider that is approved by the health profession regulatory board on which the member is serving.

C. Any board action taken by a health profession regulatory board is not subject to challenge or invalidation because a board member has not completed the training required by this section.

D. For the purposes of this section:

1. "Health profession regulatory board" means any board that regulates one or more health professional in this state.

2. "Health professional" means a person who is certified or licensed pursuant to chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 28, 29, 34, 35, 39, 41 or 42 of this title.
A.R.S. § 32-1388 — Arizona Code / Title 32 / Chapter 12 / Article 4 / Section 1388
32-1388 Nontransferability of funeral establishment licenses; change of ownership; interim permits; definition
Status: in_force

32-1388. Nontransferability of funeral establishment licenses; change of ownership; interim permits; definition

A. A funeral establishment license issued by the department is not transferable or subject to sale or assignment, whether by a voluntary or involuntary process.

B. If there is a change of ownership of a funeral establishment, the licensee shall notify the department in writing and shall surrender the license to the department within twenty days after the change of ownership. The new owner shall also notify the department in writing within twenty days after the change of ownership and shall submit an initial application for a funeral establishment license to the department pursuant to section 32-1383.

C. The department shall issue an interim permit to a new owner of a licensed funeral establishment to allow the new owner to continue the operation of the funeral establishment during the period that the new owner's license application is pending if the following conditions are met:

1. The new owner notifies the department of the change of ownership and submits an application for an interim permit and the applicable fee pursuant to section 32-1309 within three days, excluding Saturdays, Sundays and holidays, after the change takes place. Notice shall be given during regular business hours.

2. The funeral establishment continues to meet the requirements of section 32-1382.

D. An interim permit issued by the department pursuant to this section shall be for not more than forty-five days and shall not be extended except as provided in subsection E of this section. An interim permit is a conditional permit and authorizes the holder to operate a funeral establishment as would be allowed under a funeral establishment license issued pursuant to this article. The holder of an interim permit is subject to the licensing rules and disciplinary proceedings prescribed in this chapter and in rules adopted pursuant to this chapter.

E. Notwithstanding subsection D of this section, for good cause shown, the department may extend an interim permit for not more than forty-five days.

F. Until an interim permit is issued, the department shall keep confidential all notices filed with the department by the prospective new owner of a licensed funeral establishment pursuant to this section.

G. For the purposes of this section, "regular business hours" means between the hours of 8:00 a.m. and 5:00 p.m. on any day of the week other than Saturday, Sunday or any other legal holiday or a day on which the department is authorized or obligated by law or executive order to close.
A.R.S. § 32-1276.05 — Arizona Code / Title 32 / Chapter 11 / Article 3.1 / Section 1276.05
32-1276.05 Dental therapists; supervising dentists; collaborative practice relationships
Status: in_force

32-1276.05. Dental therapists; supervising dentists; collaborative practice relationships

A. A dentist who holds an active license pursuant to this chapter and a dental therapist who holds an active license pursuant to this article may enter into a collaborative practice relationship through a written collaborative practice agreement for the delivery of dental therapy services.

B. Each dental practice shall disclose to a patient whether the patient is scheduled to see the dentist or dental therapist.

C. Each dentist in a collaborative practice relationship shall:

1. Be available to provide appropriate contact, communication and consultation with the dental therapist.

2. Adopt procedures to provide timely referral of patients whom the dental therapist refers to a licensed dentist for examination. The dentist to whom the patient is referred shall be geographically available to see the patient.

D. Each dental therapist in a collaborative practice relationship shall:

1. Perform only those duties within the terms of the written collaborative practice agreement.

2. Maintain an appropriate level of contact with the supervising dentist.

E. The dental therapist and the supervising dentist shall notify the board of the beginning of the collaborative practice relationship and provide the board with a copy of the written collaborative practice agreement and any amendments to the agreement within thirty days after the effective date of the agreement or amendment.  The dental therapist and supervising dentist shall also notify the board within thirty days after the termination date of the written collaborative practice agreement if the date is different than the termination date provided in the agreement.

F. Subject to the terms of the written collaborative practice agreement, a dental therapist may perform all dental therapy procedures authorized in section 32-1276.03.  The dentist's presence, examination, diagnosis and treatment plan are not required unless specified by the written collaborative practice agreement.
A.R.S. § 32-1648 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1648
32-1648 Licensed nursing assistants; certified nursing assistants; acceptance of out-of-state licenses
Status: in_force

32-1648. Licensed nursing assistants; certified nursing assistants; acceptance of out-of-state licenses

A. The board may issue a license to a nursing assistant who has a current certificate or an equivalent document issued by another state if the board receives an application pursuant to section 32-1645 and determines that the applicant meets the qualifications of this article.

B. The board shall not issue a license to an applicant under subsection A of this section who has one or more felony convictions and who has not received an absolute discharge from the sentences for all felony convictions three or more years prior to the date of filing the application.

C. The board may register a person as a certified nursing assistant who has been listed on the nursing assistant registry maintained in another state if the nursing assistant provides to the board current proof of registration or an equivalent document issued by another state and the board receives an application pursuant to section 32-1645 and determines that the applicant meets the qualifications of this article.
A.R.S. § 32-1650.06 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1650.06
32-1650.06 Certified medication assistants; disciplinary actions; civil penalties; revocation or denial of certificate
Status: in_force

32-1650.06. Certified medication assistants; disciplinary actions; civil penalties; revocation or denial of certificate

A. In regulating medication assistants, the board may:

1. Refer criminal violations to the appropriate law enforcement agency.

2. File a letter of concern if the board believes there is insufficient evidence to support direct action against a medication assistant's certificate but sufficient evidence for the board to notify a medication assistant of its concern.

3. Issue a decree of censure for a violation of this chapter or board rules.

4. Deny certification or recertification or take disciplinary action if a medication assistant commits an act of unprofessional conduct.

5. In addition to any other disciplinary action it may take, impose a civil penalty of not more than one thousand dollars.

B. The board shall revoke a certificate or deny an application for certification or recertification of a person who has one or more felony convictions and who has not received an absolute discharge from the sentences for all felony convictions three or more years before the date of filing an application pursuant to this chapter.
A.R.S. § 32-1212 — Arizona Code / Title 32 / Chapter 11 / Article 1 / Section 1212
32-1212 Dental board fund
Status: in_force

32-1212. Dental board fund

(L24, Ch. 222, sec. 13.  Eff. until 7/1/28)

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

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

C. Monies from administrative penalties received pursuant to section 32-1263.01 shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 32-1164 — Arizona Code / Title 32 / Chapter 10 / Article 3 / Section 1164
32-1164 Violation; classification; probation; conditions
Status: in_force

32-1164. Violation; classification; probation; conditions

A. Commission by a contractor of any of the following acts is a class 1 misdemeanor:

1. Any act specified in section 32-1154, subsection A, paragraph 6 or 9.

2. Acting in the capacity of a contractor within the meaning of this chapter without a license.

B. For the first offense under subsection A of this section, a contractor shall be fined not less than one thousand dollars. For the second or any subsequent offense under subsection A of this section, a contractor shall be fined not less than two thousand dollars.

C. If a person is convicted of a misdemeanor pursuant to subsection A of this section and the court sentences the person to a term of probation, the court shall order that as conditions of probation the person do all of the following:

1. Pay in full all transaction privilege tax or use tax amounts that are due under title 42, chapter 5, article 2 or 4 and that arise from the acts or omissions constituting the offense.

2. Pay in full all transaction privilege or use tax amounts that are due to the county in which the offense occurred and that arise from the acts or omissions constituting the offense.

3. Pay in full all transaction privilege or use tax amounts that are owed to the local municipal government, city or town in which the offense occurred and that arise from the acts or omissions constituting the offense.
A.R.S. § 32-584 — Arizona Code / Title 32 / Chapter 5 / Article 7 / Section 584
32-584 Reissuance of a multistate license by a new home state
Status: in_force

32-584. Reissuance of a multistate license by a new home state

A. A licensee may hold a multistate license that is issued by the licensee's home state in only one member state at a time.

B. If a licensee changes the licensee's home state by moving between two member states:

1. The licensee shall immediately apply for the reissuance of the licensee's multistate license in the licensee's new home state.  The licensee shall pay all applicable fees and notify the previous home state in accordance with the commission's rules.

2. On receipt of an application to reissue a multistate license, the new home state shall verify that the multistate license is active, unencumbered and eligible for reissuance under the terms of this compact and the commission's rules. The multistate license that is issued by the previous home state shall be deactivated and all member states shall be notified in accordance with the commission's rules.

3. If required for initial licensure, the new home state may require a background check as specified in the laws of that state or the applicant's compliance with any jurisprudence requirements of the new home state.

4. Notwithstanding any other provision of this compact, if a licensee does not meet the requirements set forth in this compact for the reissuance of a multistate license by the new home state, the licensee is subject to the new home state requirements for the issuance of a single-state license in that state.

C. If a licensee changes the licensee's primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, the licensee is subject to the state requirements for the issuance of a single-state license in the new home state.

D. This compact does not interfere with a licensee's ability to hold a single-state license in multiple states. For the purposes of this compact, a licensee may have only one home state and only one multistate license.

E. This compact does not interfere with the requirements established by a member state for the issuance of a single-state license.
A.R.S. § 32-3445 — Arizona Code / Title 32 / Chapter 34 / Article 3 / Section 3445
32-3445 Violations; classification
Status: in_force

32-3445. Violations; classification

A person is guilty of a class 1 misdemeanor who:

1. Obtains a license by fraud, by misrepresentation or in any manner other than that prescribed in this chapter.

2. Practices or assists in the practice of occupational therapy and is not licensed or exempt from the requirements of licensure pursuant to this chapter.

3. Violates any provision of this chapter.
A.R.S. § 32-2352 — Arizona Code / Title 32 / Chapter 23 / Article 1 / Section 2352
32-2352 Enforcement; contract with private entity
Status: in_force

32-2352. Enforcement; contract with private entity

A. The director, subject to title 41, chapter 6, shall adopt such rules concerning the administration and enforcement of this chapter as are necessary to carry out the intent of this chapter and to protect the public. The director or the director's authorized representative shall inspect the school facilities and equipment used by applicants and licensees under this chapter.

B. The director shall administer and enforce this chapter.

C. The director may contract with a private entity to conduct inspections pursuant to this section and to administer any rules adopted pursuant to this section that relate to the licensure and administration of professional driver training schools pursuant to this chapter. The term of any contract entered into pursuant to this subsection shall not exceed five years with a right to renew for an additional five years. The private entity that contracts with the director pursuant to this subsection:

1. Shall not provide professional driver training school courses.

2. May charge a fee to each person who enrolls in a professional driver training school.
A.R.S. § 32-1705; Version 2 — Arizona Code / Title 32 / Chapter 16 / Article 1 / Section 1705; Version 2
32-1705; Version 2 Board of optometry fund
Status: in_force

32-1705. Board of optometry fund

(L24, Ch. 222, sec. 24.  Eff. 7/1/28)

A. The board of optometry fund is established.

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

C. Monies deposited in the board of optometry fund are subject to section 35-143.01.
A.R.S. § 32-3278 — Arizona Code / Title 32 / Chapter 33 / Article 3 / Section 3278
32-3278 Inactive license
Status: in_force

32-3278. Inactive license

A. The board by rule may establish procedures for a licensee to delay renewal of the license for good cause and to place the licensee on inactive status.  A person on inactive status shall not practice behavioral health or claim to be a licensee.

B. A licensee on inactive status may request reinstatement of the license to active status by submitting a license renewal application.
A.R.S. § 32-1921.01 — Arizona Code / Title 32 / Chapter 18 / Article 2 / Section 1921.01
32-1921.01 Disclosures on applications; licensees; registrants; applicability
Status: in_force

32-1921.01. Disclosures on applications; licensees; registrants; applicability

A. A pharmacist, pharmacy intern, pharmacy technician and pharmacy technician trainee are not required to disclose the following information when filing an application under this chapter:

1. A single misdemeanor charge that was dismissed, expunged or set aside more than five years before the date of application.

2. A single misdemeanor conviction that occurred more than ten years before the date of application.

3. A single felony conviction that was reduced to a misdemeanor conviction or that was dismissed, expunged or set aside more than ten years before the date of application.

B. An applicant or a licensee or registrant who has had more than one of any charge or conviction specified in subsection A of this section shall disclose that information to the board.

C. Subsection A of this section applies to current licensees and registrants.
A.R.S. § 32-3444 — Arizona Code / Title 32 / Chapter 34 / Article 3 / Section 3444
32-3444 Judicial review
Status: in_force

32-3444. Judicial review

Except as provided in section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 32-1101.01 — Arizona Code / Title 32 / Chapter 10 / Article 1 / Section 1101.01
32-1101.01 Local authority
Status: in_force

32-1101.01. Local authority

The legislature determines that the licensing of construction contractors is a proper state function. Cities, including charter cities, towns and counties shall not require licenses of any construction contractors licensed by statute prior to the effective date of this section.
A.R.S. § 32-1365.02 — Arizona Code / Title 32 / Chapter 12 / Article 3 / Section 1365.02
32-1365.02 Authorizing agents; consent for cremation, alkaline hydrolysis, disinterment or embalming; definition
Status: in_force

32-1365.02. Authorizing agents; consent for cremation, alkaline hydrolysis, disinterment or embalming; definition

A. Except as provided in section 32-1365.01 and in subsection E of this section, it is unlawful to cremate, use alkaline hydrolysis or disinter a dead human body without prior written consent of the authorizing agent.

B. Except as provided in section 32-1365.01, it is unlawful to embalm a dead human body without prior oral or written consent of the authorizing agent.

C. A funeral establishment shall create a written record of an oral consent given pursuant to this section that includes all of the following:

1. The name of the authorizing agent.

2. The relation of the authorizing agent to the deceased.

3. The date and time that consent was given.

4. The name of the person who obtained the consent.

5. Any other information required by the department.

D. In determining who the proper authorizing agent is, the order of preference is the same as provided in section 36-831. If there is more than one member in a category listed in section 36-831 entitled to serve as the authorizing agent, final arrangements may be made by any member of that category unless that member knows of an objection by another member of the category.  If an objection is known, final arrangements shall be made by a majority of the members of the category who are reasonably available.

E. On the order of a court or a county medical examiner, or a person performing the duties of a county medical examiner, a dead human body shall be disinterred.

F. If none of the persons listed in section 36-831 is willing or financially capable of providing for the cremation, alkaline hydrolysis or embalming of a dead human body, the public fiduciary or other person who is designated by the county in which a death occurs to handle funeral arrangements may order the cremation, alkaline hydrolysis or embalming.

G. A funeral establishment, an employee or agent of a funeral establishment or a licensee shall exercise due diligence to obtain the consent required pursuant to this section from the proper authorizing agent. It is an affirmative defense to any action or claim brought against a crematory, cemetery, alkaline hydrolysis facility or funeral establishment relating to the disposition of a dead human body that the crematory, cemetery, alkaline hydrolysis facility or funeral establishment relied in good faith on the direction of a person who claimed to be the authorizing agent in providing for the lawful disposition of a dead human body. The decision of a crematory, cemetery, alkaline hydrolysis facility or funeral establishment to cremate or otherwise provide for the lawful disposition of a dead human body in reliance on the direction of a person who claims to be the authorizing agent is presumed to be in good faith unless the crematory, cemetery, alkaline hydrolysis facility or funeral establishment has actual knowledge that the claim is false.

H. If the authorizing agent is not reasonably available or unable to act as the authorizing agent, the person's right to be the authorizing agent shall pass to the next person or category of persons in the order of preference prescribed in section 36-831.

I. It is presumed that the authorizing agent is not reasonably available to act as authorizing agent if the crematory, cemetery, alkaline hydrolysis facility or funeral establishment after exercising due diligence has been unable to contact the individual or if that person has been unwilling or unable to make final arrangements for the disposition of the decedent within fifteen days after the initial contact by the crematory, cemetery, alkaline hydrolysis facility or funeral establishment.  If a person in a prior category makes an initial contact with the crematory, cemetery, alkaline hydrolysis facility or funeral establishment or becomes able before the final disposition of the decedent, that person resumes that person's right to serve as the authorizing agent.

J. Any dispute among any of the persons listed in section 36-831, subsection A concerning the right to control the disposition, including cremation or alkaline hydrolysis, of a decedent's remains shall be resolved by the parties to the dispute or by a court of competent jurisdiction in order to expedite the resolution of a dispute among the parties. A crematory, cemetery, alkaline hydrolysis facility or funeral establishment is not liable for refusing to accept the decedent's remains or to inter, cremate, use alkaline hydrolysis or otherwise dispose of a decedent's remains until it receives a court order or other suitable confirmation that the dispute has been resolved or settled.  A crematory, cemetery, alkaline hydrolysis facility or funeral establishment may bring an action in a court of competent jurisdiction in order to expedite the resolution of a dispute among the parties listed in section 36-831, subsection A.

K. For the purposes of this section, "reasonably available" means a person who is able to be contacted by the crematory, cemetery, alkaline hydrolysis facility or funeral establishment without undue effort and who is willing and able to act within fifteen days after the initial contact by the crematory, cemetery, alkaline hydrolysis facility or funeral establishment.
A.R.S. § 32-2136 — Arizona Code / Title 32 / Chapter 20 / Article 2 / Section 2136
32-2136 Broker management clinics
Status: in_force

32-2136. Broker management clinics

A. The department shall determine the instructor qualifications for teaching broker management clinics and the course content of broker management clinics for persons required to attend these clinics pursuant to subsection C of this section.

B. A broker management clinic shall consist of three courses of three hours each. The course topics shall be broker statute and rule requirements, including instruction on department audits, and the legal obligations of designated brokers, broker policy development and employee supervision and broker responsibilities and related topics. A broker management clinic shall address recordkeeping requirements, trust fund accounts, advertising and promotions, employment agreements, contracts, fiduciary duties, material disclosures, department investigations and risk management. A broker management clinic may be designed to address property management activities, a specialty field of real estate or sales activities, or any combination described in this subsection.  If engaging in property management activities, a broker must complete a broker management clinic that is designed to teach proficiency in property management.

C. An applicant for an original real estate broker's license shall attend a broker management clinic before activating the license.  A broker shall attend a broker management clinic before becoming a designated broker, unless the broker has attended a broker management clinic during the preceding twenty-three months.  All designated brokers and associate brokers employed by a designated broker pursuant to section 32-2151.01, subsection G shall attend a broker management clinic once during each twenty-four months of licensure after their initial attendance.

D. Attendance at a broker management clinic constitutes three courses of three hours each for a total of nine credit hours of real estate oriented education pursuant to section 32-2130, subsection A.
A.R.S. § 32-701 — Arizona Code / Title 32 / Chapter 6 / Article 1 / Section 701
32-701 Definitions
Status: in_force

32-701. Definitions

In this chapter, unless the context otherwise requires:

1. "Accounting services" means services that are commonly and historically performed by accountants, including recording or summarizing financial transactions, bookkeeping, analyzing or verifying financial information, reporting financial results, financial planning or providing attest services, compilation services, tax services or consulting services.

2. "Accredited institution" means any public or private regionally or nationally accredited college or university that is accredited by an organization recognized by the council for higher education accreditation or its successor agency.

3. "Attest services" means the following services to be performed by the holder of a certificate issued by the board:

(a) Audits or other engagements to be performed in accordance with the statements on auditing standards adopted by the American institute of certified public accountants.

(b) Reviews of financial statements to be performed in accordance with the statements on standards for accounting and review services adopted by the American institute of certified public accountants.

(c) Any examination of prospective financial information to be performed in accordance with the statements on standards for attestation engagements adopted by the American institute of certified public accountants.

(d) Any engagement to be performed in accordance with the standards of the public company accounting oversight board or its successor.

(e) Any examination, review or agreed on procedure engagement to be performed in accordance with the statements on standards for attestation engagements adopted by the American institute of certified public accountants, other than an examination described in subdivision (c) of this paragraph.

4. "Board" means the Arizona state board of accountancy established by section 32-702.

5. "Business organization" means a partnership, professional corporation, professional limited liability company, limited liability company or limited liability partnership or any other entity that is recognized by the board and that is established under the laws of any state or foreign country.

6. "Certified public accountant" means an individual who has been issued a certificate of authority by the board to practice as a certified public accountant or who meets the limited reciprocity privilege requirements pursuant to section 32-725.

7. "Client" means a person or entity, other than one's employer, for whom accounting services are provided.

8. "Compilation services" means providing a service of any compilation engagement to be performed in accordance with the statements on standards for accounting and review services.

9. "Consulting services" includes management advisory services, litigation support services, valuation services and other services that require the use of technical skills, education, observation, experience and knowledge to develop an analytical approach to process and to present findings, conclusions or recommendations.

10. "Conviction" means a judgment of conviction by any state or federal court of competent jurisdiction in a criminal cause, regardless of whether an appeal is pending or could be taken, and includes any judgment or order based on a plea of no contest.

11. "CPA designation" means the title "certified public accountant" or any abbreviation or grammatical derivative of the term "certified public accountant".

12. "Disciplinary action" means any other regulatory sanctions imposed by the board in combination with, or as an alternative to, relinquishment, revocation or suspension of a certificate or registration, including the imposition of:

(a) An administrative penalty in an amount not to exceed $2,000 for each violation of this chapter or rules adopted pursuant to this chapter.

(b) Restrictions on the scope of the registrant's practice of accounting.

(c) Pre-issuance and post-issuance peer review.

(d) Professional education requirements.

(e) A decree of censure.

(f) Probation requirements best adapted to protect the public welfare.

(g) Reimbursement of the board's costs of investigations and proceedings initiated under this chapter, including attorney fees.

(h) A requirement for restitution payments to accounting services clients or to other persons suffering economic loss resulting from violations of this chapter or rules adopted pursuant to this chapter.

13. "Employer" means a person or entity that hires an individual to perform a service and that directs and controls the manner in which the service is performed.

14. "Federal securities laws" means the securities act of 1933, the securities exchange act of 1934, the public utility holding company act of 1935 and the investment company act of 1940, as amended.

15. "Financial statements":

(a) Means statements and footnotes related to statements that purport to show a financial position or changes in a financial position in conformity with generally accepted accounting principles or other comprehensive basis of accounting.

(b) Includes balance sheets, statements of income, statements of retained earnings, statements of cash flows, statements of changes in equity and other commonly used or recognized summaries of financial information.

(c) Does not include tax returns or information contained in tax returns.

16. "Firm" means a business organization, a sole proprietorship or an individual who is registered pursuant to section 32-731.

17. "Good cause" means factors that temporarily prevent a registrant from satisfying a particular requirement in a specific instance as determined by the board and may include:

(a) A disability.

(b) An illness.

(c) A physical or mental condition.

(d) Military service.

(e) Financial hardship.

(f) A natural disaster.

(g) Any condition or circumstance that the board deems relevant.

18. "Jurisdiction" means, for the purposes of examination, certification, firm registration or limited reciprocity privilege, the fifty states of the United States, the District of Columbia, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands or the Commonwealth of Puerto Rico.

19. "Letter of concern" means an advisory letter to notify a registrant that, while the evidence does not warrant disciplinary action, the board believes that the registrant should modify or eliminate certain practices and that continuation of the activities that led to the evidence being submitted to the board may result in board action against the registrant. A letter of concern is not a disciplinary action.

20. "Limited reciprocity privilege" means the permission to practice as a certified public accountant in this state pursuant to section 32-725 for an individual whose principal place of business is outside of this state.

21. "Management advisory services" means advisory services consisting of the development of findings, conclusions or recommendations for the recipient's consideration and decision making.

22. "Office", for the purposes of firm registration, limited reciprocity privilege and fees, means any physical location that is used in the practice of accounting in this state and that is owned, leased, licensed for use or maintained by the firm or someone under the firm's authority.

23. "Practice of accounting" means providing accounting services for a client or an employer.

24. "Registrant" means any certified public accountant or firm that is registered with the board.

25. "Related courses" means:

(a) Business administration.

(b) Statistics.

(c) Computer science, information systems or data processing.

(d) Economics.

(e) Finance.

(f) Management.

(g) Business law.

(h) College algebra or more advanced mathematics.

(i) Advanced written communication.

(j) Advanced oral communication.

(k) General ethics.

(l) Marketing.

(m) Other courses that are closely related to the subject of accounting or that are satisfactory to the board.

26. "Sole proprietor" means the owner of a sole proprietorship.

27. "Sole proprietorship" means a business that is owned by one individual and that does not have a legal distinction between the owner and the business.
A.R.S. § 32-928 — Arizona Code / Title 32 / Chapter 8 / Article 2 / Section 928
32-928 Injunctive relief
Status: in_force

32-928. Injunctive relief

The board of chiropractic examiners, the attorney general or the county attorney of the county in which a person engages in the practice of chiropractic without having first obtained a license may, in accordance with the laws governing injunctions maintained in any of the states, commence an action in the county in which the offense is committed to enjoin such person from so engaging until a license is secured. A person so enjoined who violates the injunction shall be punished as for contempt of court. The injunction shall not relieve the person practicing chiropractic without a license from criminal prosecution, but shall be in addition to any remedy provided for the criminal prosecution of the offender.
A.R.S. § 32-554 — Arizona Code / Title 32 / Chapter 5 / Article 5 / Section 554
32-554 Required display
Status: in_force

32-554. Required display

Schools shall display the following in a conspicuous location:

1. The current school license.

2. The current licenses of instructors teaching in the school.

3. The latest inspection sheet.
A.R.S. § 32-502 — Arizona Code / Title 32 / Chapter 5 / Article 1 / Section 502
32-502 Barbering and cosmetology board; members; appointment; qualifications; terms
Status: in_force

32-502. Barbering and cosmetology board; members; appointment; qualifications; terms

A. The barbering and cosmetology board is established consisting of the following members who are appointed by the governor:

1. One cosmetologist who has actively practiced cosmetology in this state for at least three years immediately preceding appointment.

2. Two school owners who do not own the same school, one of whom owns a school that teaches cosmetology and one of whom owns a school that teaches barbering.

3. Five public members, preferably one of whom is an educator, who are not and have never been associated with the barbering, cosmetology or nail technology industry, licensed as a barber, cosmetologist or nail technician or involved in manufacturing barbering, cosmetology or nail technology products.

4. One barber who has actively practiced barbering in this state for at least three years.

B. The term of office for members is three years beginning and ending June 22.

C. The governor may remove board members for neglect of duty, malfeasance or misfeasance.
A.R.S. § 32-922.02 — Arizona Code / Title 32 / Chapter 8 / Article 2 / Section 922.02
32-922.02 Specialties; certification; fees
Status: in_force

32-922.02. Specialties; certification; fees

A. In order to practice a chiropractic specialty a licensee shall be certified in that specialty by the board.

B. An applicant who wishes to be certified to perform acupuncture shall submit the following to the board:

1. Documentation of successful completion of a minimum of one hundred hours of study in acupuncture at an accredited chiropractic college or postgraduate study with an instructor on the active or postgraduate staff of an accredited chiropractic college.

2. A complete application as prescribed by the board.

3. Documentation of having passed a board-approved acupuncture examination.

C. An applicant who wishes to be certified to perform physical medicine modalities and therapeutic procedures shall submit the following to the board:

1. A complete application as prescribed by the board.

2. Documentation of successful completion of a minimum of one hundred twenty hours of study in physical medicine modalities and therapeutic procedures at an accredited chiropractic college or postgraduate study with an instructor on the active or postgraduate staff of an accredited chiropractic college.

3. Documentation of having passed an examination in physical medicine modalities and therapeutic procedures that is approved by the board.

D. The board shall issue a certificate to any applicant who meets the requirements of this section, who correctly answers at least seventy-five percent of all questions asked on the specialty examination and who pays a certificate fee of not more than one hundred twenty-five dollars as established by the board.

E. On making application, the applicant shall pay to the executive director of the board a nonrefundable fee of not more than one hundred twenty-five dollars as established by the board. The board shall keep a register of all applicants and the result of each examination.

F. A chiropractor who is certified to perform physiotherapy before July 29, 2010 is deemed to be certified in physical medicine modalities and therapeutic procedures.
A.R.S. § 32-3405; Version 2 — Arizona Code / Title 32 / Chapter 34 / Article 1 / Section 3405; Version 2
32-3405; Version 2 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. 44.  Eff. 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 ten percent of all other monies collected under this chapter in the state general fund and deposit the remaining ninety 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. § 32-1982 — Arizona Code / Title 32 / Chapter 18 / Article 3.1 / Section 1982
32-1982 Full-service wholesale permittees; bonds; designated representatives; fingerprinting requirements
Status: in_force

32-1982. Full-service wholesale permittees; bonds; designated representatives; fingerprinting requirements

A. A full-service wholesale permittee that engages in the wholesale distribution of prescription-only drugs into, within or from this state must maintain a bond as required by federal law and have a designated representative. If the full-service wholesale permittee changes its designated representative, the new designated representative must possess and submit a valid fingerprint clearance card before the change in representation is made.

B. The designated representative of a full-service wholesale permittee must:

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

2. Be employed by the full-service wholesale permittee in a managerial level position.

3. Be actively involved in the daily operation of the wholesale distribution of prescription-only drugs.

4. Be physically present at the full-service wholesale permittee facility during regular business hours unless the absence of the designated representative is authorized.

5. Serve as a designated representative for only one full-service wholesale permittee.

6. Not have any criminal convictions under any federal, state or local laws relating to wholesale or retail prescription-only drug distribution or distribution of controlled substances.

7. Possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.

C. For the purposes of this article, a full-service wholesale permittee does not include a hospital, chain pharmacy warehouse or third-party logistics provider.
A.R.S. § 32-1455 — Arizona Code / Title 32 / Chapter 13 / Article 3 / Section 1455
32-1455 Violation; classification
Status: in_force

32-1455. Violation; classification

A. The following acts are class 5 felonies:

1. The practice of medicine by a person not licensed or exempt from licensure pursuant to this chapter.

2. Securing a license to practice medicine pursuant to this chapter by fraud or deceit.

3. Impersonating a member of the board in issuing a license to practice medicine to another.

B. The following acts if committed by a person not licensed under this chapter or exempt from licensure pursuant to section 32-1421 are class 2 misdemeanors:

1. The use of the designation "M.D." in a way that would lead the public to believe that a person was licensed to practice medicine in this state.

2. The use of the designation "doctor of medicine", "physician", "surgeon", "physician and surgeon" or any combination thereof unless such designation additionally contains the description of another branch of the healing arts.

3. The use of the designation "doctor" by a member of another branch of healing arts unless there is set forth with each such designation the other branch of the healing arts concerned.

4. The use of any other words, initials, symbols or combination thereof which would lead the public to believe such person is licensed to practice medicine in this state.
A.R.S. § 32-512 — Arizona Code / Title 32 / Chapter 5 / Article 2 / Section 512
32-512 Nail technicians; applications; qualifications
Status: in_force

32-512. Nail technicians; applications; qualifications

A person is entitled to receive a license to practice nail technology if the person does all of the following:

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

2. Does either of the following:

(a) Completes and receives appropriate credits for at least two years of high school education or its equivalent as prescribed by the board in its rules and submits satisfactory evidence that the person is at least sixteen years of age.

(b) Submits to the board satisfactory evidence that the person is at least eighteen years of age.

3. Submits to the board satisfactory evidence of any of the following:

(a) That the person graduated from a nail technology school in another state or country that had at the time of the person's graduation substantially the same requirements as this state for schools licensed by the board.

(b) That the person completed a nail technician course consisting of at least six hundred hours of training in a school licensed by the board.

(c) That the person completed a United States department of labor-approved or a department of economic security-approved apprenticeship program in nail technology that includes at least one hundred fifty hours of infection protection and law review instruction.  The person shall complete the instruction prescribed by this subdivision through either:

(i) A school that is licensed by the board or a school or program in another state that has, in the board's opinion, licensure requirements that are substantially equivalent to the requirements of this state.

(ii) A department of economic security-approved apprenticeship program.

4. Pays the prescribed fees for a nail technician license.

5. Passes the examination for a nail technician license.
A.R.S. § 32-2194.13 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.13
32-2194.13 Deposit of fees
Status: in_force

32-2194.13. Deposit of fees

All fees and earned expense collected under this chapter shall be deposited in the state general fund unless otherwise prescribed by law.
A.R.S. § 32-1427 — Arizona Code / Title 32 / Chapter 13 / Article 2 / Section 1427
32-1427 Application; hearing on deficiencies in application; interview; probationary license
Status: in_force

32-1427. Application; hearing on deficiencies in application; interview; probationary license

A. Each applicant for licensure shall submit a completed application as prescribed by the board together with the fee prescribed in this article. The board may require the submission of any evidence, credentials and other proof necessary for it to verify and determine if the applicant meets the requirements for licensure.

B. Each application submitted pursuant to this section shall contain the oath of the applicant that:

1. All of the information contained in the application and accompanying evidence or other credentials submitted are true.

2. The credentials submitted with the application were procured without fraud or misrepresentation or any mistake of which the applicant is aware and that the applicant is the lawful holder of the credentials.

3. The applicant authorizes the release of any information from any source requested by the board necessary for initial and continued licensure in this state.

C. All applications, completed or otherwise, together with all attendant evidence, credentials and other proof submitted with the applications are the property of the board.

D. The board, promptly and in writing, shall inform an applicant of any deficiency in the application that prevents the application from being processed.

E. On request the board shall grant an applicant who disagrees with the statement of deficiency a hearing before the board at its next regular meeting if there is time at that meeting to hear the matter. The board shall not delay this hearing beyond one regularly scheduled meeting. At any hearing granted pursuant to this subsection, the burden of proof is on the applicant to demonstrate that the alleged deficiencies do not exist.

F. Applications are considered withdrawn:

1. On the applicant's written request.

2. Except for good cause shown, if the applicant does not appear for an interview with the board.

3. If the applicant does not submit within one year of notification the necessary evidence, credentials or other proof identified by the board as being deficient pursuant to subsection D of this section.

G. The board may deny a license to an applicant who does not meet the requirements of this article.

H. If an applicant does not meet the requirements of section 32-1422, subsection A, paragraph 3 the board may issue a license subject to any of the following probationary conditions:

1. Require the licensee's practice to be supervised by another physician.

2. Restrict the licensee's practice.

3. Require the licensee to continue medical or psychiatric treatment.

4. Require the licensee to participate in a specified rehabilitation program.

5. Require the licensee to abstain from alcohol and other drugs.

I. If the board offers a probationary license to an applicant pursuant to subsection H of this section, it shall notify the applicant in writing of the following:

1. The applicant's specific deficiencies.

2. The probationary period.

3. The applicant's right to reject the terms of probation.

4. If the applicant rejects the terms of probation, the applicant's right to a hearing on the board's denial of the application.
A.R.S. § 32-3122 — Arizona Code / Title 32 / Chapter 31 / Article 2 / Section 3122
32-3122 Rules
Status: in_force

32-3122. Rules

A health profession regulatory board may adopt rules to carry out this article.
A.R.S. § 32-4155 — Arizona Code / Title 32 / Chapter 41 / Article 3 / Section 4155
32-4155 Informal interviews; hearings
Status: in_force

32-4155. Informal interviews; hearings

A. The board may request an informal interview with a licensee or any nonlicensed person in order to further its investigation or to resolve a complaint.

B. If at an informal interview the board finds a violation of this chapter has occurred that constitutes grounds for disciplinary action, it may take any disciplinary actions prescribed in section 32-4156, paragraph 1, 2 or 3.

C. If the results of an informal interview indicate that suspension or revocation of a license or the imposition of a civil penalty may be in order, the board shall notify the subject of the investigation of the time and place for a hearing pursuant to subsection D of this section.

D. In lieu of or in addition to an informal interview as provided in subsection A of this section, the board may serve on a licensee a summons and complaint setting forth the grounds for disciplinary action and notice of a hearing to be held before the board at least thirty days after the date of the notice.  The notice shall state the time and place of the hearing.

E. A person appearing before the board may be represented by counsel.

F. The hearing officer shall administer oaths to all witnesses, shall keep a record of all oral testimony submitted at the hearing and shall keep the original or a copy of all other evidence submitted. The hearing officer may waive the rules of evidence.

G. A motion for rehearing or review of the board's decision in a disciplinary action shall be filed within fifteen days after service of notice of the decision.  The board shall conduct a rehearing or review pursuant to board rules.

H. The service of a summons and complaint and the service of a subpoena shall be as provided for service in civil cases.

I. If a person disobeys a subpoena, the board may petition the superior court for an order requiring appearance or the production of documents.
A.R.S. § 32-2195.05 — Arizona Code / Title 32 / Chapter 20 / Article 7 / Section 2195.05
32-2195.05 Advertising material; contents; order prohibiting use; costs of investigation
Status: in_force

32-2195.05. Advertising material; contents; order prohibiting use; costs of investigation

A. The owner or agent shall file with the commissioner a copy of any original promotional and advertising material used in connection with sales of unsubdivided lands and copies of any material changes therein. The owner or agent shall file with the commissioner, within twenty-one days of use, a copy of any subsequent advertising of any kind, used directly or indirectly in connection with the purchase, sale or lease of any lot or parcel subject to the provisions of this article. It shall not be necessary to make repetitive filings of material which is the same as or varies only in minor details from material which has previously been filed with the commissioner for the unsubdivided lands.

B. No advertising, communication or sales literature of any kind, including oral statements by salespersons or other persons, shall contain:

1. Any untrue statement of material fact or any omission of material fact which would make such statement misleading in light of the circumstances under which such statement was made.

2. Any statement or representation that the land is offered without risk or that loss is impossible.

3. Any statement or representation or pictorial representation of proposed improvements or nonexistent scenes without clearly indicating the improvements are proposed and the scenes do not exist.

4. Any statement or representation that the lot or parcels are suitable as homesites or building lots unless either of the following is true:

(a) Potable water is available from a certificated public utility or a municipal corporation and either an individual sewage disposal system will operate or a sewer system is available from a certified public utility or a municipal corporation.

(b) Facts to the contrary are clearly and conspicuously included in each advertisement pertaining to the property.

C. All advertising and sales literature shall be consistent with the information contained in the notice of intention pursuant to section 32-2195 and the public report pursuant to section 32-2195.03.

D. If it appears to the commissioner that any person is or has engaged in advertising or promotional practices in violation of this article, the commissioner may hold a hearing as a contested case under title 41, chapter 6, article 10 and issue such order or orders as he deems necessary to protect the public interest, or the commission may bring an action in any court of competent jurisdiction against such person to enjoin such person from continuing such violation.

E. The commissioner may adopt such rules and guidelines as he deems necessary to protect the public interest and to assure that all advertising and promotional practices with respect to land subject to the provisions of this article are not false or misleading.

F. It is unlawful for any owner, agent or employee of any development or other person with intent directly or indirectly to sell or lease lots or parcels subject to the provisions of this article to authorize, use, direct or aid in any advertising, communication, sales literature or promotional practice which violates this section.

G. Nothing contained in this section shall apply to the owner or publisher of a newspaper, magazine or other publication of printed matter wherein such advertisement appears or to the owner or operator of a radio or television station which disseminates such advertisement when the owner, publisher or operator has no knowledge of the intent, design or purpose of the advertiser.
A.R.S. § 32-122.01 — Arizona Code / Title 32 / Chapter 1 / Article 2 / Section 122.01
32-122.01 Qualifications for professional registration
Status: in_force

32-122.01. Qualifications for professional registration

A. An applicant for professional registration as an architect, engineer, geologist or landscape architect shall:

1. Be actively engaged in education or experience, or both, in the profession for which registration is sought for at least eight years.

2. Unless exempt under section 32-126, pass the applicable in-training and professional examinations in the profession in which registration is sought.

B. An applicant for professional registration as a land surveyor shall:

1. Be actively engaged in education or experience, or both, in the profession for which registration is sought for at least six years.

2. Unless exempt under section 32-126, pass the in-training and professional examinations in the profession in which registration is sought.

C. In computing the period of active engagement required under this section:

1. Each year of study that is satisfactorily completed in an architectural, engineering, geological or landscape architectural school approved by the board is equivalent to one year of active engagement up to a maximum of five years. One year or more of teaching architectural, engineering, geological or landscape architectural subjects in a school approved by the board is equivalent to one year of active engagement.

2. Each year of study satisfactorily completed in a land surveying curriculum and school approved by the board is considered equivalent to one year of active engagement up to a maximum of four years.  One year or more of teaching land surveying or other courses approved by the board as pertinent to the profession in which registration is sought in a school approved by the board is equivalent to one year of active engagement.

D. Except as provided in subsection E of this section, experience credited by the board under this section and sections 32-101, 32-122 and 32-126 must be attained under the direct supervision of a professional who is satisfactory to the board and registered in this state, another state or a foreign country in the profession in which the applicant is seeking registration, except that up to one year's experience may be attained under the direct supervision of a professional who is satisfactory to the board and registered in another profession regulated under this chapter in this state, another state or a foreign country.

E. By a two-thirds majority vote, the board may allow an applicant except for an architect applicant to meet the requirements of subsection D of this section by crediting comparable experience satisfactory to the board that the applicant attained without direct supervision of a registered professional.
A.R.S. § 32-2215 — Arizona Code / Title 32 / Chapter 21 / Article 2 / Section 2215
32-2215 Qualifications for license to practice veterinary medicine
Status: in_force

32-2215. Qualifications for license to practice veterinary medicine

A. An applicant for a license issued under this chapter shall:

1. Be a graduate of a veterinary college that is accredited by the American veterinary medical association or hold a certificate issued by the educational commission for foreign veterinary graduates, the program for the assessment of veterinary education equivalence or a foreign graduate testing program approved by the board.  This paragraph does not apply to an applicant for a veterinary faculty member license who has graduated from a veterinary college.

2. Satisfactorily pass both a state examination approved by the board as provided in this chapter and the North American veterinary licensing examination. This paragraph does not apply to an applicant for a veterinary faculty member license.

B. An applicant may be denied licensure either before or after an examination if the applicant has committed any act that if committed by a licensee would be grounds for suspension or revocation of a license to practice veterinary medicine under this chapter.

C. The board may waive the examination requirement pursuant to section 32-2214, subsection A, paragraph 2 and, except as provided in subsection E of this section, may issue a license by endorsement to an applicant to practice veterinary medicine if the applicant provides all required documentation pursuant to section 32-2213 and meets the following requirements:

1. Holds an active license in one or more other states or in Canada and submits verification that the applicant has previously taken and passed the examination required by section 32-2214, with a score at least equal to the score required to pass in this state.  An applicant who received original licensure before the examination required by section 32-2214 was required in the state in which the applicant was originally licensed may be eligible for licensure without having taken that examination as required pursuant to this chapter if all other requirements are met.

2. Lawfully and actively engages in the practice of veterinary medicine for at least three of the preceding five years or six of the preceding ten years in one or more states in this country or in Canada before filing an application for licensure in this state.

3. Has graduated from a veterinary college recognized by the board.

4. Successfully passes a state examination approved by the board with a grade of at least seventy-five percent.

5. Pays a fee for the license of $750.

D. The board may waive the examination requirement pursuant to section 32-2214, subsection A, paragraph 2 and, except as provided in subsection E of this section, may issue a specialty license to an applicant to practice veterinary medicine if the applicant provides all required documentation pursuant to section 32-2213 and meets the following requirements:

1. Holds a current certification as a specialist of a national specialty board or college recognized by the American veterinary medical association.

2. Limits the applicant's practice to the scope of the applicant's board certification.

3. Successfully passes a state examination approved by the board with a score of at least seventy-five percent.

4. Pays a fee for the specialty license of $750.

E. The board shall determine whether previous disciplinary action prevents licensure by endorsement or specialty licensure of an applicant to practice veterinary medicine, and the board may discipline the licensee at the time of licensure as a result of the previous disciplinary action.

F. Any veterinary faculty member who is employed by a veterinary college that is accredited by the American veterinary medical association, if applicable, is subject to the requirements under the veterinary faculty member license.
A.R.S. § 32-561 — Arizona Code / Title 32 / Chapter 5 / Article 5 / Section 561
32-561 Student records
Status: in_force

32-561. Student records

A school shall keep records as prescribed by the board in its rules on file for each student enrolled or reenrolled in a school for a regular course, postgraduate course or additional hours.
A.R.S. § 32-2185.08 — Arizona Code / Title 32 / Chapter 20 / Article 4 / Section 2185.08
32-2185.08 Recordable forms of contracts
Status: in_force

32-2185.08. Recordable forms of contracts

Each purchaser of subdivided land under a contract as defined in section 33-741 shall be provided with a copy in recordable form of the contract on its execution by the purchaser and seller.
A.R.S. § 32-2452 — Arizona Code / Title 32 / Chapter 24 / Article 4 / Section 2452
32-2452 Authority required to operate under fictitious name
Status: in_force

32-2452. Authority required to operate under fictitious name

A licensee may conduct an investigative business under a name other than the licensee's by first obtaining written authorization from the director. The director shall not authorize the use of an agency name that is so similar to that of a public officer or agency or of that used by another licensee that the public may be confused or misled by the use.
A.R.S. § 32-1276.07 — Arizona Code / Title 32 / Chapter 11 / Article 3.1 / Section 1276.07
32-1276.07 Licensure by credential; examination waiver; fee
Status: in_force

32-1276.07. Licensure by credential; examination waiver; fee

A. The board by rule may waive the examination requirements of this article on receipt of evidence satisfactory to the board that the applicant has passed the clinical examination of another state or testing agency more than five years before submitting the application for licensure pursuant to this article and the other state or testing agency maintains a standard of licensure or certification that is substantially equivalent to that of this state as determined by the board.  The board by rule shall require:

1. A minimum number of active practice hours within a specific time period before the applicant submits the application. The board shall prescribe what constitutes active practice.

2. An affirmation that the applicant has completed the continuing education requirements of the jurisdiction where the applicant is licensed or certified.

B. The applicant shall pay a licensure by credential fee as established by the board in rule.

C. An applicant under this section is not required to obtain a dental hygienist license in this state if the board determines that the applicant otherwise meets the requirements for dental therapist licensure.