A.R.S. § 32-1431 — Arizona Code / Title 32 / Chapter 13 / Article 2 / Section 1431
32-1431 Inactive license; application; practice prohibitions
Status: in_force

32-1431. Inactive license; application; practice prohibitions

A. A person holding a current active license to practice medicine in this state may request an inactive license from the board 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.

B. The board may grant an inactive license and waive the renewal fees and requirements for continuing medical education specified by section 32-1434 if the licensee provides evidence to the board's satisfaction that the licensee has totally retired from the practice of medicine in this state and any state, territory and district of the United States or any foreign country and has paid all of the fees required by this chapter before the request.  The board may grant pro bono registration pursuant to section 32-1428 to a physician who holds an inactive license under this section.

C. During any period in which a medical doctor holds an inactive license, that person shall not engage in the practice of medicine or continue to hold or maintain a drug enforcement administration controlled substances registration certificate, except as permitted by a pro bono registration pursuant to section 32-1428.  Any person who engages in the practice of medicine while on inactive license status is considered to be a person who practices medicine without a license or without being exempt from licensure as provided in this chapter.

D. The board may convert an inactive license to an active license if the applicant pays the renewal fee and presents evidence satisfactory to the board that the applicant possesses the medical knowledge and is physically and mentally able to safely engage in the practice of medicine.  The board may require any combination of physical examination, psychiatric or psychological evaluation or successful passage of the special purpose licensing examination or interview it finds necessary to assist it in determining the ability of a physician holding an inactive license to return to the active practice of medicine.
A.R.S. § 32-516 — Arizona Code / Title 32 / Chapter 5 / Article 2 / Section 516
32-516 Aestheticians; cosmetologists; cosmetic laser and IPL device use; certification; definitions
Status: in_force

32-516. Aestheticians; cosmetologists; cosmetic laser and IPL device use; certification; definitions

A. An aesthetician or a cosmetologist who wishes to perform cosmetic laser procedures and procedures using IPL devices must:

1. Apply for and receive a certificate from the department.

2. Comply with the requirements of this section and department rules.

B. An aesthetician or a cosmetologist who has been certified as a laser technician by the department may use a laser or IPL device.

C. An aesthetician or a cosmetologist who used laser and IPL devices before November 24, 2009 may continue to do so if the aesthetician or cosmetologist received a certificate pursuant to this section before October 1, 2010.

D. For the purposes of this section:

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

2. "IPL device" means an intense pulse light class II surgical device certified in accordance with the standards of the department for cosmetic procedures.

3. "Laser" means any device that can produce or amplify electromagnetic radiation with wavelengths in the range of one hundred eighty nanometers to one millimeter primarily by the process of controlled stimulated emission and certified in accordance with the standards for the department for cosmetic procedures.

4. "Laser technician" means a person who is or has been certified by the department pursuant to its rules and chapter 32, article 2 of this title.
A.R.S. § 32-3124 — Arizona Code / Title 32 / Chapter 31 / Article 2 / Section 3124
32-3124 Temporary licensure; rules; fee; applicability
Status: in_force

32-3124. Temporary licensure; rules; fee; applicability

A. A health profession regulatory board in this state may issue a temporary license to allow an applicant who is not a licensee to practice in this state if the applicant meets all of the following requirements:

1. Holds an active and unrestricted health profession license in a state, territory or possession of the United States.

2. Has never had a health profession license revoked or suspended.

3. Is not the subject of an unresolved complaint against the person's health profession license.

4. Has paid any applicable fees.

B. The applicant shall submit to the respective health profession regulatory board a notarized affidavit attesting that the applicant meets the requirements of the respective licensing chapter.  The applicant shall notify the board immediately if a circumstance specified in subsection A of this section changes during the application period for a temporary license or while holding a temporary license, at which time the board may suspend, deny or revoke the temporary license.  The board may suspend, deny or revoke a temporary license and deny the application for initial licensure if the applicant has misrepresented the attestation required by this subsection or any other portion of the application pursuant to this article.

C. A health profession regulatory board shall approve or deny an application under this section within thirty days after an applicant submits a complete application.

D. If granted, a temporary license issued pursuant to this section expires the earlier of thirty days after the date the temporary license is granted or on approval or denial of the applicant's license application submitted pursuant to the respective health profession regulatory board.

E. For the purpose of meeting the requirements of subsection A of this section, an applicant shall provide the respective health profession regulatory board the name of each state, territory or possession of the United States in which the person is licensed or has held a license, and the board shall verify with the applicable regulatory board that the applicant holds an active and unrestricted license and has never had a license revoked or suspended or surrendered a license for disciplinary reasons.  The board may accept the confirmation of this information from each other regulatory board verbally, in writing or through the use of the other regulatory board's website, which shall be followed by either an electronic or hard copy of the verification required.  If the board is unable to verify the information within the initial thirty days as required by subsection C of this section, the board may extend the time frame by an additional thirty days to receive the necessary verification.

F. The temporary license may not be renewed.

G. A health profession regulatory board may not issue more than two temporary licenses to the same applicant within a consecutive twelve-month period.

H. A health profession regulatory board may establish an application and fee in rule for temporary licensure under this section.

I. This section applies to a health profession regulatory board to the extent that this section does not conflict with the board's current statutory authority relating to temporary licensure.
A.R.S. § 32-2158 — Arizona Code / Title 32 / Chapter 20 / Article 3 / Section 2158
32-2158 Hearing; witnesses; deposition; service of process
Status: in_force

32-2158. Hearing; witnesses; deposition; service of process

A. Any party to a hearing shall have the right to the attendance of witnesses in the party's behalf, in person or by deposition, upon making a request therefor to the commissioner and designating the person or persons requested to be subpoenaed.  For the purpose of investigation or hearing the commissioner shall have the powers vested in public officers by section 12-2212.

B. Process issued by the commissioner may be served by any person authorized to serve process of courts of record or by any person designated for that purpose by the commissioner.  The person serving process shall receive compensation allowed by the commissioner, not to exceed the fees prescribed by law for similar service.  Any witness who appears by order of the commissioner shall receive the same fees and mileage allowed by law to a witness in civil cases, which shall be paid by the party at whose request the witness is subpoenaed. Fees for serving process and of witnesses subpoenaed by the commissioner not upon the request of any other person shall be paid as other expenses of the department are paid.
A.R.S. § 32-2194.11 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.11
32-2194.11 Delivery of clear title by cemetery of cemetery plots
Status: in_force

32-2194.11. Delivery of clear title by cemetery of cemetery plots

Cemetery plots shall not be sold which are subject to liens.
A.R.S. § 32-3275 — Arizona Code / Title 32 / Chapter 33 / Article 3 / Section 3275
32-3275 Requirements for licensure; withdrawal of application
Status: in_force

32-3275. Requirements for licensure; withdrawal of application

A. An applicant for licensure must meet all of the following requirements:

1. Submit an application as prescribed by the board.

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

3. Pay all applicable fees prescribed by the board.

4. Have the physical and mental capability to safely and competently engage in the practice of behavioral health.

5. Not have committed any act or engaged in any conduct that would constitute grounds for disciplinary action against a licensee pursuant to this chapter.

6. Not have had a professional license or certificate refused, revoked, suspended or restricted by this state or any other regulatory jurisdiction in the United States or any other country for reasons that relate to unprofessional conduct.

7. Not have voluntarily surrendered a professional license or certificate in this state or another regulatory jurisdiction in the United States or any other country while under investigation for conduct that relates to unprofessional conduct.

8. Not have a complaint, allegation or investigation pending before the board or another regulatory jurisdiction in the United States or another country that relates to unprofessional conduct. If an applicant has any such complaint, allegation or investigation pending, the board shall suspend the application process and may not issue or deny a license to the applicant until the complaint, allegation or investigation is resolved.

B. Before the board considers denial of a license based on a deficiency pursuant to subsection A, paragraph 4, 5, 6 or 7 of this section, the applicant shall be given thirty-five days' notice of the time and place of a meeting at which the applicant may provide in person, by counsel or in written form information and evidence related to any deficiency relating to subsection A, paragraph 4, 5, 6 or 7 of this section, including any evidence that the deficiency has been corrected or monitored or that a mitigating circumstance exists.  In any notice of denial, the board shall provide notice of the applicant's right to a hearing pursuant to title 41, chapter 6, article 10.

C. If the board finds that an applicant is subject to subsection A, paragraphs 4, 5, 6 or 7 of this section, the board may determine to its satisfaction that the conduct or condition has been corrected, monitored and resolved and may issue a license.  If the conduct or condition has not been resolved, the board may determine to its satisfaction that mitigating circumstances exist that prevent its resolution and may issue a license.

D. An applicant for licensure may withdraw the application unless the board has sent to the applicant notification that the board has initiated an investigation concerning professional misconduct. Following that notification, the applicant may request that the board review the applicant's request to withdraw the application. In considering the request the board shall determine whether it is probable that the investigation would result in an adverse action against the applicant.

E. After a final board order of denial has been issued, the board shall report the denial if required by the health care quality improvement act of 1986 (42 United States Code chapter 117). For the purposes of this subsection and except as required by federal law, "final board order" means:

1. For an applicant who seeks a hearing pursuant to title 41, chapter 6, article 10, when a final administrative decision has been made.

2. For an applicant who does not timely file a notice of appeal, after the time for the filing expires pursuant to section 41-1092.03.
A.R.S. § 32-1170.02 — Arizona Code / Title 32 / Chapter 10 / Article 4 / Section 1170.02
32-1170.02 Qualification examination
Status: in_force

32-1170.02. Qualification examination

A. To qualify as a solar contractor under this article, the applicant shall:

1. Submit to the registrar an application on forms prescribed by the registrar, identifying the applicant and the classification of license held or sought by the applicant, and pay the prescribed fee.

2. Pass an examination approved and conducted by the registrar that is specific to the solar requirements of the classification of license held or sought by the applicant.

3. Meet all other provisions of this chapter relating to obtaining and maintaining an appropriate license.

B. The examination shall be given by the registrar at the times and places prescribed by the registrar.

C. The license of a successful applicant shall be appropriately marked or supplemented by the registrar to indicate qualification as a solar contractor within the scope of that license.
A.R.S. § 32-925 — Arizona Code / Title 32 / Chapter 8 / Article 2 / Section 925
32-925 Practice of chiropractic; limitations
Status: in_force

32-925. Practice of chiropractic; limitations

A. A doctor of chiropractic is a portal of entry health care provider who engages in the practice of health care that includes:

1. The diagnosis and correction of subluxations, functional vertebral or articular dysarthrosis or neuromuscular skeletal disorders for restoring and maintaining health.

2. Physical and clinical examinations, diagnostic x-rays and clinical diagnostic laboratory procedures that are limited to nasal swabs, oral swabs, sputum collection, urine collection, finger pricks or venipuncture in order to determine the propriety of a regimen of chiropractic care or to form a basis for referring patients to other licensed health care professionals, or both.

3. Treatment by:

(a) Physical medicine modalities, therapeutic procedures and adjustment of the spine or bodily articulations.

(b) Procedures related to the correction of subluxations and neuromuscular skeletal disorders.

(c) Prescription of orthopedic supports.

(d) Acupuncture.

B. A doctor of chiropractic who is licensed under this chapter shall not prescribe or administer medicine or drugs, perform surgery or practice obstetrics.
A.R.S. § 32-513 — Arizona Code / Title 32 / Chapter 5 / Article 2 / Section 513
32-513 Reciprocity
Status: in_force

32-513. Reciprocity

Notwithstanding sections 32-510, 32-511, 32-512, 32-512.01 and 32-512.02, a person is entitled to receive a barber, cosmetologist, aesthetician, nail technician or hairstylist license if the person does all of the following:

1. Submits to the board an application for a barber, cosmetologist, aesthetician, nail technician or hairstylist license on a form supplied by the board.

2. Submits to the board satisfactory evidence that the person is licensed in another state or country.

3. Takes and completes a class relating to infection protection and law review that is provided by the board or its designee.  The board shall determine the amount of the fees for the class. The applicant shall pay the fees directly to the board or its designee.

4. Pays the prescribed reciprocity license fees.
A.R.S. § 32-1369 — Arizona Code / Title 32 / Chapter 12 / Article 3 / Section 1369
32-1369 Cease and desist orders; injunctive relief; civil penalty
Status: in_force

32-1369. Cease and desist orders; injunctive relief; civil penalty

A. In addition to all other remedies, if it appears to the department, either on complaint or otherwise, that any person has engaged in or is engaging in any act, practice or transaction that constitutes a violation of this chapter, of title 44, chapter 10, article 7 or of any rule adopted pursuant to this chapter, the department may either:

1. Serve a cease and desist order on the person by certified mail or personal service requiring the person to cease and desist immediately from engaging in the act, practice or transaction.

2. Apply, through the attorney general or county attorney of the county in which the act, practice or transaction is alleged to have been committed, to the superior court in that county for an injunction restraining the person from engaging in the act, practice or transaction or doing any act in furtherance of the act, practice or transaction.  On a proper showing, the court shall grant a temporary restraining order, a preliminary injunction or a permanent injunction without bond.  Process in an action under this paragraph may be served on the defendant in any county of this state where the defendant transacts business or is found.

B. A person who receives a cease and desist order issued by the department pursuant to subsection A, paragraph 1 of this section is entitled to a hearing pursuant to title 41, chapter 6, article 10 within thirty days after the effective date of the order.

C. If a person fails to comply with an order issued by the department pursuant to subsection A, paragraph 1 of this section, the department shall file an action pursuant to subsection A, paragraph 2 of this section to restrain and enjoin the person from engaging in the act, practice or transaction.  The court in the action shall proceed as in other actions for injunction.  If the court finds that the person wilfully failed to obey a valid cease and desist order issued by the department, the court shall impose a civil penalty of at least $250 and not more than $1,000 per violation.
A.R.S. § 32-3404 — Arizona Code / Title 32 / Chapter 34 / Article 1 / Section 3404
32-3404 Powers and duties; commissioners; committees
Status: in_force

32-3404. Powers and duties; commissioners; committees

A. The board shall:

1. Administer, coordinate and enforce this chapter.

2. Evaluate the qualifications of applicants.

3. Prescribe examination requirements for licensure.

4. Adopt rules necessary to carry out this chapter.

5. Conduct informal meetings, formal interviews and hearings and keep records and minutes necessary to carry out its functions.

6. Prescribe educational programs required for licensure pursuant to this chapter.

B. The board may:

1. Appoint commissioners to assist in the performance of its duties.

2. Report any violations of this chapter or rules adopted pursuant to this chapter to a county attorney, the attorney general, a federal agency or a state or national organization.

3. Establish committees to assist in carrying out its duties for a time prescribed by the board.  The board may require a committee appointed pursuant to this paragraph to make regular reports to the board.

C. Commissioners appointed pursuant to subsection B, paragraph 1 of this section shall receive no compensation for their services but shall be reimbursed for actual and necessary expenses that they incur in the performance of their duties.
A.R.S. § 32-1023 — Arizona Code / Title 32 / Chapter 9 / Article 2 / Section 1023
32-1023 Qualifications of applicants
Status: in_force

32-1023. Qualifications of applicants

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

1. Be a citizen of the United States.

2. Not have been convicted of a crime involving moral turpitude.

3. Not have defaulted on payment of money collected or received for another.

4. Not have been a former licensee under this chapter whose license was suspended or revoked and not subsequently reinstated.

B. If the applicant for a license is a firm, partnership, association or corporation, the qualifications required by subsection A of this section shall be required of the individual in active management of the firm, partnership, association or corporation.

C. When a licensed agency ceases to be under the active management of a qualified person, as defined in rules, notice of this fact shall be given to the deputy director within ten days.  The licensee shall have ninety days after the termination of the services of the acting manager to replace the qualified person and notify the deputy director of the qualified replacement. If the agency is not placed under the active management of a new qualified person and notice is not given to the deputy director within the ninety-day period, the license of the agency expires unless a provisional license has been granted under section 32-1027.
A.R.S. § 32-3906 — Arizona Code / Title 32 / Chapter 39 / Article 1 / Section 3906
32-3906 Third party reimbursements
Status: in_force

32-3906. Third party reimbursements

This chapter does not require direct third party reimbursement to persons who are licensed pursuant to this chapter.
A.R.S. § 32-1166.01 — Arizona Code / Title 32 / Chapter 10 / Article 3 / Section 1166.01
32-1166.01 Citation; civil penalties
Status: in_force

32-1166.01. Citation; civil penalties

A. In conjunction with the registrar's authority to issue a cease and desist order under section 32-1166, subsection A, the registrar may issue a citation for contracting practicing or transacting that constitutes a violation of any of the following:

1. This chapter.

2. A rule adopted by the registrar.

3. An order issued by the registrar.

B. A citation issued pursuant to this section shall:

1. Be in writing.

2. Clearly describe the violation for which the citation was issued.

3. Contain an order to cease and desist.

4. Contain a civil penalty of at least $200 for each violation but not more than $2,500 for multiple violations committed on the same day.

C. Each violation of this chapter or a rule or order of the registrar by a person who is required to be licensed by this chapter and who does not possess the required license constitutes a separate offense and the registrar may impose a civil penalty not to exceed $2,500 for each violation except that the civil penalty may not exceed $2,500 for all violations committed on the same day.

D. The registrar shall issue a citation under this section within one hundred and eighty days after actual discovery of the offense by this state or the political subdivision having jurisdiction. Service of the citation is fully effected by personal service or by mailing a true copy of the citation by certified mail in a sealed envelope with postage prepaid and addressed to either:

1. The person's last known business address.

2. The person's residential address.

E. The registrar may issue citations containing orders to cease and desist and civil penalties against persons who have never been licensed under this chapter who are acting in the capacity of or engaging in the business of a contractor in this state.

F. If the registrar issues a citation against a person and the person fails to comply with the cease and desist order and citation, the registrar may assess an additional civil penalty of up to $2,500 for each day the violation continues.

G. The registrar may adopt rules relating to the civil penalty that give due consideration to the gravity of the violation and any history of previous violations.

H. The penalties authorized under this section are separate from, and in addition to, all other remedies provided by law, either civil or criminal.

I. The registrar shall deposit, pursuant to sections 35-146 and 35-147, all monies collected from civil penalties under this section in the state general fund.
A.R.S. § 32-3053 — Arizona Code / Title 32 / Chapter 30 / Article 3 / Section 3053
32-3053 Persons doing business without a license
Status: in_force

32-3053. Persons doing business without a license

The board may make investigations as provided in section 32-3003, subsection B in order to determine whether a person doing business in this state is required to hold a license as prescribed in this chapter. If the board determines that a person is doing business without holding a license required by this chapter, the board may bring an action as provided in section 32-3057.
A.R.S. § 32-2046 — Arizona Code / Title 32 / Chapter 19 / Article 3 / Section 2046
32-2046 Informal and formal hearings
Status: in_force

32-2046. Informal and formal hearings

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

B. If at an informal hearing 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 32-2047, paragraph 1, 2 or 6, except that a civil penalty may not exceed $500.

C. If the results of an informal hearing indicate that suspension, revocation or a civil penalty might be in order, the board shall notify the subject of the investigation of the time and place for a hearing pursuant to title 41, chapter 6, article 10.

D. In lieu of or in addition to an informal hearing 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 motion for rehearing or review of the board's decision in a disciplinary action shall be filed pursuant to title 41, chapter 6, article 10.

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

G. 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. § 32-3503 — Arizona Code / Title 32 / Chapter 35 / Article 1 / Section 3503
32-3503 Meetings; organization; compensation
Status: in_force

32-3503. Meetings; organization; compensation

A. The board shall meet in January of each year to elect a chairman and other officers. The board shall hold at least one additional meeting before the end of each calendar year. Other meetings may be convened at the call of the chairman or the written request of any two board members. A majority of the members of the board constitutes a quorum.

B. All board meetings are open to the public.

C. Board members are eligible to receive compensation pursuant to section 38-611 and are entitled to reimbursement of expenses necessarily and properly incurred in carrying out board duties.
A.R.S. § 32-4128 — Arizona Code / Title 32 / Chapter 41 / Article 2 / Section 4128
32-4128 Fingerprinting; requirement
Status: in_force

32-4128. Fingerprinting; requirement

A. Beginning January 1, 2022, an applicant for original licensure, license renewal, license reinstatement or temporary licensure shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.

B. This section does not affect the board's authority to otherwise issue, deny, cancel, terminate, suspend or revoke a license or a temporary license.
A.R.S. § 32-2611 — Arizona Code / Title 32 / Chapter 26 / Article 2 / Section 2611
32-2611 Necessity of an agency license
Status: in_force

32-2611. Necessity of an agency license

A person shall not engage in a business regulated by this chapter or act, assume to act as or represent himself to be a licensee unless the person is licensed pursuant to this chapter.
A.R.S. § 32-1906 — Arizona Code / Title 32 / Chapter 18 / Article 1 / Section 1906
32-1906 Membership in national associations; official attendance at professional meetings
Status: in_force

32-1906. Membership in national associations; official attendance at professional meetings

A. The board may join and subscribe to state, district, regional or national organizations or publications relating to and dealing with pharmacy and manufacturing, wholesaling, and distribution of drugs, devices, poisons, and hazardous substances.

B. Members of the board, the executive director and compliance officers, if authorized by the board, and subject to legislative appropriation therefor, may attend the state, district, regional and national meetings and other educational meetings relating to any of the subjects as provided in subsection A that, in the discretion of the board, are necessary and for its best interests.
A.R.S. § 32-1823 — Arizona Code / Title 32 / Chapter 17 / Article 2 / Section 1823
32-1823 Locum tenens registration; application; term; interview; denial of application; discipline
Status: in_force

32-1823. Locum tenens registration; application; term; interview; denial of application; discipline

A. A doctor of osteopathy who is licensed to practice osteopathic medicine and surgery by another state may be registered to provide locum tenens medical services to substitute for or temporarily assist a doctor of osteopathy who holds an active license pursuant to this chapter or a doctor of medicine who holds an active license pursuant to chapter 13 of this title under the following conditions:

1. The applicant provides on forms and in a manner prescribed by the board proof that the applicant meets the applicable requirements of section 32-1822.

2. The doctor of medicine or doctor of osteopathy for whom the applicant is substituting or assisting provides to the board a written request for locum tenens registration of the applicant.

B. On completion of the registration form prescribed by the board and payment of the required fees, the executive director may register a qualifying doctor of osteopathy by locum tenens registration and authorize the doctor to provide locum tenens services.

C. Locum tenens registration granted pursuant to this section is valid for ninety days and may be extended once for an additional ninety days on written request by the doctor of medicine or doctor of osteopathy who originally initiated the request for this registration, stating the reason extension is necessary, and by submitting the appropriate fees and other documents requested by the executive director.

D. The board or the executive director may require an applicant to submit to a personal interview to provide the board with adequate information regarding the applicant's ability to practice under locum tenens registration. The applicant is responsible for all costs to attend the interview.

E. The board may deny the application for a locum tenens registration for any unprofessional conduct that would constitute grounds for disciplinary action pursuant to this chapter or as determined by a competent domestic or foreign jurisdiction.

F. A locum tenens registrant is subject to the disciplinary provisions pursuant to this chapter.
A.R.S. § 32-2610 — Arizona Code / Title 32 / Chapter 26 / Article 1 / Section 2610
32-2610 Reciprocal agreements; recognition
Status: in_force

32-2610. Reciprocal agreements; recognition

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

1. Issues a security guard identification card with an expiration date printed on the card.

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

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

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

B. The department may recognize security guard registrations from states that have security guard qualification laws substantially similar to this chapter if the issuing authority for the other state meets all of the conditions prescribed in subsection A, paragraphs 1 through 4 of this section.

C. The reciprocal agreement or recognition shall be limited and is intended only to allow security guard agencies that maintain business operations in multiple states to use their security guards to meet temporary demands.  For a security guard from another state to work in this state, the department shall set appropriate restrictions that shall include the following provisions:

1. The security guard shall possess a security guard registration in good standing from another state.

2. The security guard shall be employed by a security guard agency licensed in this state that possesses a security guard agency license in both states in good standing.

3. The security guard shall work no more than thirty days in a calendar year in this state.

4. The security guard agency shall provide written notification to the department on a form provided by the department.

5. Security guards who possess only a temporary or provisional registration shall not be permitted to work in this state.
A.R.S. § 32-2501 — Arizona Code / Title 32 / Chapter 25 / Article 1 / Section 2501
32-2501 Definitions
Status: in_force

32-2501. Definitions

In this chapter, unless the context otherwise requires:

1. "Active license" means a regular license issued pursuant to this chapter.

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

3. "Advisory letter" means a nondisciplinary letter to notify a physician assistant that either:

(a) While there is insufficient evidence to support disciplinary action, the board believes that continuation of the activities that led to the investigation may result in further board action against the licensee.

(b) The violation is a minor or technical violation that is not of sufficient merit to warrant disciplinary action.

(c) While the licensee has demonstrated substantial compliance through rehabilitation or remediation that has mitigated the need for disciplinary action, the board believes that repetition of the activities that led to the investigation may result in further board action against the licensee.

4. "Approved program" means a physician assistant educational program accredited by the accreditation review commission on education for physician assistants, or one of its predecessor agencies, the committee on allied health education and accreditation or the commission on the accreditation of allied health educational programs.

5. "Board" means the Arizona regulatory board of physician assistants.

6. "Collaborating physician or entity" means a physician, physician group practice, physician private practice or licensed health care institution that employs or collaborates with a physician assistant who has at least eight thousand hours of clinical practice as certified by the board pursuant to section 32-2536 and does not require a supervision agreement and that designates one or more physicians by name or position who is responsible for the oversight of the physician assistant.

7. "Completed application" means an application for which the applicant has supplied all required fees, information and correspondence requested by the board on forms and in a manner acceptable to the board.

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

9. "Letter of reprimand" means a disciplinary letter that is issued by the board and that informs the physician assistant that the physician assistant's conduct violates state or federal law and may require the board to monitor the physician assistant.

10. "Limit" means a nondisciplinary action that is taken by the board and that alters a physician assistant's practice or medical activities if there is evidence that the physician assistant is or may be mentally or physically unable to safely engage in health care tasks.

11. "Medically incompetent" means that a physician assistant lacks sufficient medical knowledge or skills, or both, in performing delegated health care tasks to a degree likely to endanger the health or safety of patients.

12. "Minor surgery":

(a) Means those invasive procedures that may be performed by a physician assistant, that are consistent with the training and experience of the physician assistant, that are normally taught in courses of training approved by the board, that have been approved by the board as falling within the scope of practice of a physician assistant and that are consistent with the practice setting requirements of the physician assistant.

(b) Does not include a surgical abortion.

13. "Physician" means a physician who is licensed pursuant to chapter 13 or 17 of this title.

14. "Physician assistant" means a person who is licensed pursuant to this chapter.

15. "Regular license" means a valid and existing license that is issued pursuant to section 32-2521 to perform health care tasks.

16. "Restrict" means a disciplinary action that is taken by the board and that alters a physician assistant's practice or medical activities if there is evidence that the physician assistant is or may be medically incompetent or guilty of unprofessional conduct.

17. "Supervising physician" means a physician who holds a current unrestricted license, who supervises a physician assistant who has less than eight thousand hours of clinical practice and who assumes legal responsibility for health care tasks performed by the physician assistant.

18. "Supervision" means a physician's opportunity or ability to provide or exercise direction and control over the services of a physician assistant.  Supervision does not require a physician's constant physical presence if the supervising physician is or can be easily in contact with the physician assistant by telecommunication.

19. "Supervision agreement" means a written or electronic signed agreement that both:

(a) Describes the scope of practice for a physician assistant who has less than eight thousand hours of clinical practice.

(b) Is between the physician assistant and a physician or the physician assistant's employer that employs or has on medical staff at least one physician who may provide oversight, as applicable, and who holds a current unrestricted license. For the purposes of this subdivision, "employer" means a physician, physician group practice, physician private practice or licensed health care institution.

20. "Unprofessional conduct" includes the following acts by a physician assistant that occur in this state or elsewhere:

(a) Violating any federal or state law or rule that applies to the performance of health care tasks as a physician assistant. Conviction in any court of competent jurisdiction is conclusive evidence of a violation.

(b) Claiming to be a physician or knowingly allowing another person to represent that person as a physician.

(c) Performing health care tasks that do not meet the supervision or collaboration requirements, as applicable, pursuant to section 32-2531.

(d) Exhibiting a pattern of using or being under the influence of alcohol or drugs or a similar substance while performing health care tasks or to the extent that judgment may be impaired and the ability to perform health care tasks detrimentally affected.

(e) Signing a blank, undated or predated prescription form.

(f) Committing gross malpractice, repeated malpractice or any malpractice resulting in the death of a patient.

(g) Representing that a manifestly incurable disease or infirmity can be permanently cured or that a disease, ailment or infirmity can be cured by a secret method, procedure, treatment, medicine or device, if this is not true.

(h) Refusing to divulge to the board on demand the means, method, procedure, modality of treatment or medicine used in treating a disease, injury, ailment or infirmity.

(i) Prescribing or dispensing controlled substances or prescription-only drugs for which the physician assistant is not approved or in excess of the amount authorized pursuant to this chapter.

(j) Committing any conduct or practice that is or might be harmful or dangerous to the health of a patient or the public.

(k) Violating a formal order, probation or stipulation issued by the board.

(l) Failing to clearly disclose the person's identity as a physician assistant in the course of the physician assistant's employment.

(m) Failing to use and affix the initials "P.A." or "P.A.-C." after the physician assistant's name or signature on charts, prescriptions or professional correspondence.

(n) Procuring or attempting to procure a physician assistant license by fraud, misrepresentation or knowingly taking advantage of the mistake of another.

(o) Having professional connection with or lending the physician assistant's name to an illegal practitioner of any of the healing arts.

(p) Failing or refusing to maintain adequate records for a patient.

(q) Using controlled substances that have not been prescribed by a physician, physician assistant, dentist or nurse practitioner for use during a prescribed course of treatment.

(r) Prescribing or dispensing controlled substances to members of the physician assistant's immediate family.

(s) Prescribing, dispensing or administering any controlled substance or prescription-only drug for other than accepted therapeutic purposes.

(t) Dispensing a schedule II controlled substance that is an opioid, except as provided in section 32-2532.

(u) Knowingly making any written or oral false or fraudulent statement in connection with the performance of health care tasks or when applying for privileges or renewing an application for privileges at a health care institution.

(v) Committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. In either case, conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission.

(w) Having a certification or license refused, revoked, suspended, limited or restricted by any other licensing jurisdiction for the inability to safely and skillfully perform health care tasks or for unprofessional conduct as defined by that jurisdiction that directly or indirectly corresponds to any act of unprofessional conduct as prescribed by this paragraph.

(x) Having sanctions including restriction, suspension or removal from practice imposed by an agency of the federal government.

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

(z) Using the term "doctor" or the abbreviation "Dr." on a name tag or in a way that leads the public to believe that the physician assistant is licensed to practice as an allopathic or osteopathic physician in this state.

(aa) Failing to furnish legally requested information to the board or its investigator in a timely manner.

(bb) Failing to allow properly authorized board personnel to examine on demand documents, reports and records of any kind relating to the physician assistant's performance of health care tasks.

(cc) Knowingly making a false or misleading statement on a form required by the board or in written correspondence or attachments furnished to the board.

(dd) Failing to submit to a body fluid examination and other examinations known to detect the presence of alcohol or other drugs pursuant to an agreement with the board or an order of the board.

(ee) Violating a formal order, probation agreement or stipulation issued or entered into by the board or its executive director.

(ff) Except as otherwise required by law, intentionally betraying a professional secret or intentionally violating a privileged communication.

(gg) Allowing the use of the licensee's name in any way to enhance or allow the continuance of the activities of, or maintaining a professional connection with, an illegal practitioner of medicine or the performance of health care tasks by a person who is not licensed pursuant to this chapter.

(hh) Committing false, fraudulent, deceptive or misleading advertising by a physician assistant or the physician assistant's staff or representative.

(ii) Knowingly failing to disclose to a patient on a form that is prescribed by the board and that is dated and signed by the patient or guardian acknowledging that the patient or guardian has read and understands that the licensee has a direct financial interest in a separate diagnostic or treatment agency or in nonroutine goods or services that the patient is being prescribed and whether the prescribed treatment, goods or services are available on a competitive basis. This subdivision does not apply to a referral by one physician assistant to another physician assistant or to a doctor of medicine or a doctor of osteopathic medicine within a group working together.

(jj) With the exception of heavy metal poisoning, using chelation therapy in the treatment of arteriosclerosis or as any other form of therapy without adequate informed patient consent or without conforming to generally accepted experimental criteria, including protocols, detailed records, periodic analysis of results and periodic review by a medical peer review committee, or without approval by the United States food and drug administration or its successor agency.

(kk) Prescribing, dispensing or administering anabolic or androgenic steroids for other than therapeutic purposes.

(ll) Prescribing, dispensing or furnishing a prescription medication or a prescription-only device as defined in section 32-1901 to a person unless the licensee first conducts a physical examination of that person or has previously established a professional relationship with the person.  This subdivision does not apply to:

(i) A physician assistant who provides temporary patient care on behalf of the patient's regular treating licensed health care professional.

(ii) Emergency medical situations as defined in section 41-1831.

(iii) Prescriptions written to prepare a patient for a medical examination.

(iv) Prescriptions written or antimicrobials dispensed to a contact as defined in section 36-661 who is believed to have had significant exposure risk as defined in section 36-661 with another person who has been diagnosed with a communicable disease as defined in section 36-661 by the prescribing or dispensing physician assistant.

(mm) Engaging in sexual conduct with a current patient or with a former patient within six months after the last medical consultation unless the patient was the licensee's spouse at the time of the contact or, immediately preceding the professional relationship, was in a dating or engagement relationship with the licensee. For the purposes of this subdivision, "sexual conduct" includes:

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

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

(iii) Intentionally viewing a completely or partially disrobed patient in the course of treatment if the viewing is not related to patient diagnosis or treatment under current practice standards.

(nn) Performing health care tasks under a false or assumed name in this state.
A.R.S. § 32-1858 — Arizona Code / Title 32 / Chapter 17 / Article 3 / Section 1858
32-1858 Violations; classification
Status: in_force

32-1858. Violations; classification

A. A person who practices medicine and surgery as an osteopathic physician and surgeon without compliance with this chapter or a person who violates any of the provisions of this chapter is guilty of a class 5 felony.

B. A violation of each section of this chapter constitutes a separate offense and each day of continuing violation constitutes a separate offense.
A.R.S. § 32-2951 — Arizona Code / Title 32 / Chapter 29 / Article 4 / Section 2951
32-2951 Dispensing drugs and devices; conditions; exception; civil penalty; definition
Status: in_force

32-2951. Dispensing drugs and devices; conditions; exception; civil penalty; definition

A. Except as provided in subsection C of this section, a person who is licensed pursuant to section 32-2912, subsection A may dispense drugs and devices kept by the licensee, including:

1. Controlled substances.

2. Prescription-only drugs.

3. Homeopathic medications.

4. Nonprescription drugs.

B. A person who is licensed pursuant to section 32-2912, subsection A may dispense drugs and devices under subsection A of this section if:

1. The licensee includes the following information on the label of each controlled substance and prescription-only drug and on the label or accompanying instruction sheets of each homeopathic medication or nonprescription drug:

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

(b) The date the drug is dispensed.

(c) The patient's name.

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

(e) The number of authorized refills.

2. The licensee enters into the patient's medical record the name, strength and potency of the drug dispensed, the date the drug is dispensed, the dosing schedule, the number of refills and the therapeutic reason.

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

4. The licensee pays a permit fee prescribed under section 32-2914.

C. A person who is licensed pursuant to section 32-2912, subsection A may not dispense a schedule II controlled substance that is an opioid, except for an opioid that is for medication-assisted treatment for substance use disorders.

D. Except in an emergency situation, a licensee who dispenses drugs for a profit without being registered by the board to do so is subject to a civil penalty by the board of not less than three hundred dollars and not more than one thousand dollars for each transaction and is prohibited from further dispensing for a period of time as prescribed by the board.

E. Before a licensee dispenses a controlled substance or a prescription-only pharmaceutical drug pursuant to subsection B of this section, the licensee shall give the patient a written prescription on which appears the following statement in bold type:  "This prescription may be filled by the prescribing physician or by a pharmacy of your choice."

F. The licensee shall include the following information on a prescription order:

1. The date it is issued.

2. The patient's name and address.

3. The name, strength and quantity of the drug.

4. Two signature lines for the licensee. The right side of the prescription form under the signature line shall contain the phrase "substitution permissible" and the left side under the signature line shall contain the phrase "dispense as written".

5. The dispensing licensee's United States drug enforcement agency number for controlled substances.

6. The date and the printed name and signature of the person who prepares, counts or measures the drug, labels the container or distributes a prepackaged drug to the patient or the patient's representative.

G. Before the licensee dispenses a homeopathic medication, including a prescription-only homeopathic medication or a nonprescription drug, the licensee shall give the patient a written statement on which appears the following statement in bold type: "Prescriptions may be filled by this prescribing physician or by a pharmacy of your choice."

H. A person who is licensed pursuant to section 32-2912, subsection A shall dispense controlled substances, except schedule II controlled substances that are opioids, and prescription-only drugs for profit only to the licensee's own patient and only for conditions being treated by that licensee. The licensee shall personally determine the legitimacy or advisability of the drugs dispensed and shall document in writing the licensee's procedures for supervising the role of nurses and attendants in the dispensing process.

I. A person who is licensed pursuant to section 32-2912, subsection B may dispense only those drugs and devices kept by that licensee that are homeopathic medications and nonprescription drugs, including nutritional supplements, and must include the following information on the label or accompanying instruction sheets of each homeopathic medication or nonprescription drug:

1. The dispensing licensee's name, address and telephone number.

2. The date the substance is dispensed.

3. The patient's name.

4. The name and strength of the substance, the quantity dispensed, directions for its use and any cautionary statements.

J. A licensee who dispenses drugs and devices pursuant to subsection I of this section must enter into the patient's medical record the name, strength and potency of the substance dispensed, the date the substance is dispensed, the dosing schedule and the therapeutic reason.

K. A person who is licensed pursuant to section 32-2912, subsection B may not dispense controlled substances or prescription-only substances.

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

M. For the purposes of this section, "dispense" means the delivery by a licensee of a drug or device to a patient, except for samples packaged for individual use by licensed manufacturers or repackagers of drugs, and includes the prescribing, administering, packaging, labeling and security necessary to prepare and safeguard the drug or device for delivery.
A.R.S. § 32-3229 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3229
32-3229 Unprofessional conduct; informed consent; pelvic examinations
Status: in_force

32-3229. Unprofessional conduct; informed consent; pelvic examinations

It is an act of unprofessional conduct for a physician who is licensed pursuant to chapter 13 or 17 of this title, a nurse practitioner who is licensed pursuant to chapter 15 of this title or a physician assistant who is licensed pursuant to chapter 25 of this title to perform or supervise an individual who performs a pelvic examination on an anesthetized or unconscious patient without first obtaining the patient's informed consent to the pelvic examination, unless performing the pelvic examination is one of the following:

1. Within the scope of the surgical procedure or diagnostic examination to be performed on the patient for which informed consent has otherwise been obtained.

2. In the case of an unconscious patient, required for diagnostic purposes and is medically necessary.

3. A forensic medical examination requested by law enforcement arising out of the need to secure evidence that the patient has been the victim of a criminal offense as prescribed in title 13, chapter 14.
A.R.S. § 32-150 — Arizona Code / Title 32 / Chapter 1 / Article 3 / Section 150
32-150 Failure to comply with board orders; penalty
Status: in_force

32-150. Failure to comply with board orders; penalty

Failure to comply with any final order of the board, including an order of censure or probation, is cause for suspension or revocation of a license.
A.R.S. § 32-1375 — Arizona Code / Title 32 / Chapter 12 / Article 3.1 / Section 1375
32-1375 Price lists; telephone information
Status: in_force

32-1375. Price lists; telephone information

A. A licensee or authorized employee shall provide accurate information about the retail prices of funeral goods and services readily available for sale at the funeral establishment at which the licensee or authorized employee is employed to any person inquiring about these prices by telephone.

B. A licensee or authorized employee may provide prices described in subsection A of this section by telephone, by electronic means or by mail.

C. If a person requests a price list by telephone to be sent by mail, the funeral establishment shall mail a price list to the caller and may charge a reasonable postage and handling fee of not more than $2.
A.R.S. § 32-2087.03 — Arizona Code / Title 32 / Chapter 19.1 / Article 3 / Section 2087.03
32-2087.03 State board of psychologist examiners; notice of commission actions
Status: in_force

32-2087.03. State board of psychologist examiners; notice of commission actions

The state board of psychologist examiners, within thirty days after a psychology interjurisdictional compact commission action, shall post on the board's public website notice of any commission action that may affect a psychologist's license.
A.R.S. § 32-3215 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3215
32-3215 Medical marijuana; unprofessional conduct; annual reports; identifying information
Status: in_force

32-3215. Medical marijuana; unprofessional conduct; annual reports; identifying information

A. It is an act of unprofessional conduct for a health professional who is licensed pursuant to chapter 13, 14, 17 or 29 of this title to recommend medical marijuana pursuant to title 36, chapter 28.1 for other than a debilitating medical condition as defined in section 36-2801.

B. The Arizona medical board, the Arizona board of osteopathic examiners in medicine and surgery, the naturopathic physicians medical board and the board of homeopathic and integrated medicine examiners shall each submit an annual report on or before November 15 to the governor, the president of the senate, the speaker of the house of representatives and the director of the department of health services that includes at least the following information:

1. The number of notifications received from the department of health services and from the public of suspected unprofessional conduct that relate to medical marijuana recommendations issued pursuant to title 36, chapter 28.1.

2. The number of investigations conducted as a result of information received pursuant to paragraph 1 and the outcome of those investigations.

C. Annual reports filed pursuant to subsection B of this section shall not include identifying information about a physician.
A.R.S. § 32-2208 — Arizona Code / Title 32 / Chapter 21 / Article 1 / Section 2208
32-2208 Immunity from personal liability
Status: in_force

32-2208. Immunity from personal liability

Members, agents and employees of the board and members of board committees are immune from personal liability with respect to acts done and actions taken in good faith within the scope of their authority.
A.R.S. § 32-1001 — Arizona Code / Title 32 / Chapter 9 / Article 1 / Section 1001
32-1001 Definitions
Status: in_force

32-1001. Definitions

In this chapter, unless the context otherwise requires:

1. "Claim" means an obligation for the payment of money or its equivalent and a sum or sums owed, due or asserted to be owed or due to another, for which a person is employed to demand payment and collect or enforce such payment, and includes:

(a) Obligations for the payment of money to another, in the form of conditional sales agreements, notwithstanding the personal property sold thereunder, for which payment is claimed or may be or is repossessed in lieu of payment.

(b) An obligation for the payment of money or its equivalent and a sum or sums owed, due or asserted to be owed or due that is sold or assigned to a purchaser or assignee for which either:

(i) The final payment has not been tendered to the seller or assignor.

(ii) Title has not yet passed.

(iii) The purchaser or assignee has a right of recourse against the seller or assignor.

2. "Collection agency" means:

(a) All persons engaged directly or indirectly in soliciting claims for collection or in collection of claims owed, due or asserted to be owed or due.

(b) Any person who, in the process of collecting debts occurring in the operation of the person's own business, uses any name other than the person's own name, which would indicate that a third person is collecting or attempting to collect such debts.

3. "Department" means the department of insurance and financial institutions.

4. "Deputy director" means the deputy director of the financial institutions division of the department of insurance and financial institutions.

5. "Financial institution" means a person who does business under any other law of this state or law of another state or the United States relating to banks, trust companies, savings and loan associations, credit unions and savings banks.

6. "Person" means an individual, firm, partnership, association or corporation.
A.R.S. § 32-2522 — Arizona Code / Title 32 / Chapter 25 / Article 2 / Section 2522
32-2522 Applications; interview; withdrawal
Status: in_force

32-2522. Applications; interview; withdrawal

A. Each applicant shall file a verified completed application in the form required and supplied by the board that is accompanied by the prescribed application fee.

B. The application shall be designed to require the submission of evidence, credentials and other proof necessary to satisfy the board that the applicant qualifies for licensure.

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

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

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

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

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

E. After the board has received a completed application the board either shall grant or deny a license to the applicant. If an applicant has submitted an incomplete application, the board shall promptly notify an applicant, in writing, of the deficiencies, if any, in the application that prevent it from being a completed application.

F. The board or its representatives may interview an applicant to determine whether the application is sufficient.

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

1. Written request of the applicant.

2. Failure of the applicant to appear for an interview with the board unless good cause is shown.

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

H. On request of an applicant who disagrees with the statement of deficiency, the board shall grant 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.

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

J. If an applicant does not meet the requirements of section 32-2521, subsection A, paragraph 3, the board may issue a license subject to any of the following probationary conditions:

1. Restrict the licensee's practice.

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

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

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

K. If the board offers a probationary license to an applicant pursuant to subsection J 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. § 32-2028 — Arizona Code / Title 32 / Chapter 19 / Article 2 / Section 2028
32-2028 Reinstatement of license
Status: in_force

32-2028. Reinstatement of license

A. The board may reinstate a license that it suspended pursuant to section 32-2027, subsection B on payment of a renewal fee and reinstatement fee and completion of the application process as prescribed by the board.

B. If a person's license has been suspended pursuant to section 32-2027, subsection B for more than three consecutive years, the license expires and that person shall reapply for a license pursuant to section 32-2022 or 32-2026 and pay all applicable fees. The person must also demonstrate to the board's satisfaction competency by satisfying one or more of the following as prescribed by the board:

1. Practicing for a specified time under an interim permit.

2. Completing remedial courses.

3. Completing continuing competence requirements for the period of the lapsed license.

4. Passing an examination.
A.R.S. § 32-2181 — Arizona Code / Title 32 / Chapter 20 / Article 4 / Section 2181
32-2181 Notice to commissioner of intention to subdivide lands; unlawful acting in concert; exceptions; deed restrictions; definition
Status: in_force

32-2181. Notice to commissioner of intention to subdivide lands; unlawful acting in concert; exceptions; deed restrictions; definition

A. Before offering subdivided lands for sale or lease, the subdivider shall notify the commissioner in writing of the subdivider's intention.  The notice shall contain:

1. The name and address of the owner. If the holder of any ownership interest in the land is other than an individual, such as a corporation, partnership or trust, a statement naming the type of legal entity and listing the interest and the extent of any interest of each principal in the entity. For the purposes of this section, "principal" means any person or entity having a ten per cent or more financial interest or, if the legal entity is a trust, each beneficiary of the trust holding a ten per cent or more beneficial interest.

2. The name and address of the subdivider.

3. The legal description and area of the land.

4. A true statement of the condition of the title to the land, including all encumbrances on the land, and a statement of the provisions agreed to by the holder of any blanket encumbrance enabling a purchaser to acquire title to a lot or parcel free of the lien of the blanket encumbrance on completion of all payments and performance of all of the terms and provisions required to be made or performed by the purchaser under the real estate sales contract by which the purchaser has acquired the lot or parcel. The subdivider shall file copies of documents acceptable to the department containing these provisions with the commissioner before the sale of any subdivision lot or parcel subject to a blanket encumbrance.

5. The terms and conditions on which it is intended to dispose of the land, together with copies of any real estate sales contract, conveyance, lease, assignment or other instrument intended to be used, and any other information the owner or the owner's agent or subdivider desires to present.

6. A map of the subdivision that has been filed in the office of the county recorder in the county in which the subdivision is located.

7. A brief but comprehensive statement describing the land on and the locality in which the subdivision is located.

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

9. A statement as to the location of the nearest public common and high schools available for the attendance of school age pupils residing on the subdivision property.

10. A statement of the use or uses for which the proposed subdivision will be offered.

11. A statement of the provisions, if any, limiting the use or occupancy of the parcels in the subdivision, together with copies of any restrictive covenants affecting all or part of the subdivision.

12. The name and business address of the principal broker selling or leasing, within this state, lots or parcels in the subdivision.

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

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

15. A true statement as to the approximate amount of annual taxes, special assessments or fees to be paid by the buyer for the proposed annual maintenance of common facilities in the subdivision.

16. A statement of the provisions for easements for permanent access for irrigation water where applicable.

17. A true statement of assurances for the completion of off-site improvements, such as roads, utilities, community or recreational facilities and other improvements to be included in the offering or represented as being in the offering, and approval of the offering by the political subdivision with authority.  This statement shall include a trust agreement or any other evidence of assurances for delivery of the improvements and a statement of the provisions, if any, for the continued maintenance of the improvements.

18. A true statement of the nature of any improvements to be installed by the subdivider, the estimated schedule for completion and the estimated costs related to the improvements that will be borne by purchasers of lots in the subdivision.

19. A true statement of the availability of sewage disposal facilities and other public utilities, including water, electricity, gas and telephone facilities in the subdivision, the estimated schedule for their installation, and the estimated costs related to the facilities and utilities that will be borne by purchasers of lots in the subdivision.

20. A true statement as to whether all or any portion of the subdivision is located in an open range or area in which livestock may roam at large under the laws of this state and what provisions, if any, have been made for the fencing of the subdivision to preclude livestock from roaming within the subdivided lands.

21. If the subdivider is a subsidiary corporation, a true statement identifying the parent corporation and any of the following in which the parent or any of its subsidiaries is or has been involved within the past five years:

(a) Any subdivision in this state.

(b) Any subdivision, wherever located, for which registration is required pursuant to the federal interstate land sales full disclosure act.

(c) Any subdivision, wherever located, for which registration would have been required pursuant to the federal interstate land sales full disclosure act but for the exemption for subdivisions whose lots are all twenty acres or more in size.

22. A true statement identifying all other subdivisions, designated in paragraph 21 of this subsection, in which any of the following is or, within the last five years, has been directly or indirectly involved:

(a) The holder of any ownership interest in the land.

(b) The subdivider.

(c) Any principal or officer in the holder or subdivider.

23. A true statement as to whether all or any portion of the subdivision is located in territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, in territory in the vicinity of a public airport as defined in section 28-8486, on or after July 1, 2001, in a high noise or accident potential zone as defined in section 28-8461 or on or after July 1 of the year in which the subdivision becomes located in a high noise or accident potential zone. The statement required pursuant to this paragraph does not require the amendment or refiling of any notice filed before July 1, 2001 or before July 1 of the year in which the subdivision becomes located in a high noise or accident potential zone.

24. If the subdivision is a conversion from multifamily rental to condominiums as defined in section 33-1202, a true statement as to the following:

(a) That the property is a conversion from multifamily rental to condominiums.

(b) The date original construction was completed.

25. Other information and documents and certifications as the commissioner may reasonably require provided that the subdivider shall not be required to disclose any critical infrastructure information as defined in section 41-1801 or any information contained in a report issued pursuant to section 41-4273.

B. The commissioner, on application, may grant a subdivider of lots or parcels within a subdivision for which a public report was previously issued by the commissioner an exemption from all or part of the notification requirements of subsection A of this section.  The subdivider shall file a statement with the commissioner indicating the change of ownership in the lots or parcels together with any material changes occurring subsequent to the original approval of the subdivision within which the lots or parcels are located. The statement shall further refer to the original approval by the commissioner.

C. If the subdivision is within an active management area, as defined in section 45-402, the subdivider shall accompany the notice with a certificate of assured water supply issued by the director of water resources along with proof that all applicable fees have been paid pursuant to sections 48-3772 and 48-3774.01, unless the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply by the director of water resources pursuant to section 45-576 or is exempt from the requirement pursuant to section 45-576.  If the subdivider has submitted a certificate of assured water supply to a city, town or county prior to approval of the plat by the city, town or county and this has been noted on the face of the plat, the submission constitutes compliance with this subsection if the subdivider provides proof to the commissioner that all applicable fees have been paid pursuant to sections 48-3772 and 48-3774.01.

D. It is unlawful for a person or group of persons acting in concert to attempt to avoid this article by acting in concert to divide a parcel of land or sell subdivision lots by using a series of owners or conveyances or by any other method that ultimately results in the division of the lands into a subdivision or the sale of subdivided land.  The plan or offering is subject to this article.  Unlawful acting in concert pursuant to this subsection with respect to the sale or lease of subdivision lots requires proof that the real estate licensee or other licensed professional knew or with the exercise of reasonable diligence should have known that property which the licensee listed or for which the licensee acted in any capacity as agent was subdivided land subject to this article.  A familial relationship alone is not sufficient to constitute unlawful acting in concert.

E. A creation of six or more lots, parcels or fractional interests in improved or unimproved land, lots or parcels of any size is subject to this article except when:

1. Each of the lots, parcels or fractional interests represents, on a partition basis, thirty-six acres or more in area of land located in this state, including to the centerline of dedicated roads or easements, if any, contiguous to the land in which the interests are held.

2. The lots, parcels or fractional interests are the result of a foreclosure sale, the exercise by a trustee under a deed of trust of a power of sale or the grant of a deed in lieu of foreclosure.  This paragraph does not allow circumvention of the requirements of this article.

3. The lots, parcels or fractional interests are created by a valid order or decree of a court pursuant to and through compliance with title 12, chapter 8, article 7 or by operation of law. This paragraph does not allow circumvention of the requirements of this article.

4. The lots, parcels or fractional interests consist of interests in any oil, gas or mineral lease, permit, claim or right therein and such interests are regulated as securities by the United States or by this state.

5. The lots, parcels or fractional interests are registered as securities under the laws of the United States or the laws of this state or are exempt transactions under section 44-1844, 44-1845 or 44-1846.

6. The commissioner by special order exempts offerings or dispositions of any lots, parcels or fractional interests from compliance with this article on written petition and on a showing satisfactory to the commissioner that compliance is not essential to the public interest or for the protection of buyers.

7. A sale or lease of a lot, parcel or fractional interest occurs ten or more years after the sale or lease of another lot, parcel or fractional interest and the other lot, parcel or fractional interest is not subject to this article and is treated as an independent parcel unless, upon investigation by the commissioner, there is evidence of intent to subdivide.

F. In areas outside of active management areas established pursuant to title 45, chapter 2, article 2:

1. If the subdivision is located in a county that has adopted the provision authorized by section 11-823, subsection A, or in a city or town that has enacted an ordinance pursuant to section 9-463.01, subsection O, the subdivider shall accompany the notice with a report issued by the director of water resources pursuant to section 45-108 stating that the subdivision has an adequate water supply, unless one of the following applies:

(a) The subdivider submitted the report to a city, town or county before approval of the plat by the city, town or county and this has been noted on the face of the plat.

(b) The subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an adequate water supply by the director of water resources pursuant to section 45-108.

(c) The plat was approved pursuant to an exemption authorized by section 9-463.01, subsection K, pursuant to an exemption authorized by section 11-823, subsection B, paragraph 1, pursuant to an exemption granted by the director of water resources under section 45-108.02 and the exemption has not expired or pursuant to an exemption granted by the director under section 45-108.03.  If the plat was approved pursuant to an authorized exemption, the state real estate commissioner shall require that all promotional material and contracts for the sale of lots in the subdivision adequately display the following:

(i) The director of water resources' report or the developer's brief summary of the report as approved by the commissioner on the proposed water supply for the subdivision.

(ii) A statement describing the exemption under which the subdivision was approved, including the specific conditions of the exemption that were met.  If the plat was approved by the legislative body of a city or town pursuant to an exemption authorized by section 9-463.01, subsection K or by the board of supervisors of a county pursuant to an exemption authorized by section 11-823, subsection B, paragraph 1, the subdivider shall record the document required by section 33-406.

(d) The subdivision received final plat approval from the city, town or county before the requirement for an adequate water supply became effective in the city, town or county, and there have been no material changes to the plat since the final plat approval.  If changes were made to the plat after the final plat approval, the director of water resources shall determine whether the changes are material pursuant to the rules adopted by the director to implement section 45-108.  If this subdivision applies, the state real estate commissioner shall require that all promotional materials and contracts for the sale of lots in the subdivision adequately display the director of water resources' report or the developer's brief summary of the report as approved by the commissioner on the proposed water supply for the subdivision.

2. If the subdivision is not located in a county that has adopted the provision authorized by section 11-823, subsection A or in a city or town that has enacted an ordinance pursuant to section 9-463.01, subsection O, and if the director of water resources, pursuant to section 45-108, reports an inadequate on-site supply of water to meet the needs projected by the developer or if no water is available, the state real estate commissioner shall require that all promotional material and contracts for the sale of lots in subdivisions approved by the commissioner adequately display the director of water resources' report or the developer's brief summary of the report as approved by the commissioner on the proposed water supply for the subdivision.

G. The commissioner may require the subdivider to supplement the notice of intention to subdivide lands and may require the filing of periodic reports to update the information contained in the original notice of intention to subdivide lands.

H. The commissioner may authorize the subdivider to file as the notice of intention to subdivide lands, in lieu of some or all of the requirements of subsection A of this section, a copy of the statement of record filed with respect to the subdivision pursuant to the federal interstate land sales full disclosure act if the statement complies with the requirements of the act and the regulations pertinent to the act.

I. Neither a real estate sales contract, conveyance, lease, assignment or other instrument to transfer any interest in subdivided land nor any covenant or restriction affecting real property shall contain any provision limiting the right of any party to appear or testify in support of or opposition to zoning changes, building permits or any other official acts affecting real property before a governmental body or official considering zoning changes, building permits or any other official acts affecting real property, whether the property is located within or outside of the boundaries of the subdivision. All contractual provisions that conflict with this subsection are declared to be contrary to public policy. Nothing contained in this subsection shall prohibit private restrictions on the use of any real property.

J. Before offering subdivided lands for lease or sale, the subdivider who makes any promises through any form of advertising media that the subdivided lands will be exclusively a retirement community or one that is limited to the residency of adults or senior citizens shall include the promises in the deed restrictions affecting any interest in real property within the subdivided lands.

K. Except as otherwise provided in this section, a subdivider shall not be required to disclose items that are over one mile from the subdivision boundaries.  The existence of foreign nations or tribal lands shall also be disclosed if located within the one mile radius of the subdivision boundaries.
A.R.S. § 32-1555 — Arizona Code / Title 32 / Chapter 14 / Article 3 / Section 1555
32-1555 Unlawful acts; investigations
Status: in_force

32-1555. Unlawful acts; investigations

A. It is unlawful for any person:

1. To practice, attempt to practice or claim to practice as a doctor of naturopathic medicine or any branch of naturopathic medicine without complying with this chapter.

2. Not licensed under this chapter to use the designation "doctor of naturopathic medicine", or the abbreviation "N.M.D.", "doctor of naturopathy", or the abbreviation "N.D.", or "naturopathic physician" or to use any other words, initials, symbols or combination of these that would lead the public to believe that person is licensed to practice naturopathic medicine.

3. To sell or fraudulently obtain or furnish any naturopathic degree or diploma.

4. To operate a school, college or educational institution granting a degree, diploma or certificate in the practice of naturopathic medicine unless it has been approved by the board.

5. To represent that a school, college or educational institution granting a degree, diploma or certificate in naturopathic medicine is approved by the board if the school, college or educational institution has not been approved by the board.

6. To secure or attempt to secure a license, certificate or registration under this chapter by fraud or deceit.

7. To work as a naturopathic medical assistant except under the direct supervision of a doctor of naturopathic medicine licensed pursuant to this chapter.

8. To use the title "medical assistant" or a related abbreviation unless the person is working as a medical assistant under the direct supervision of a doctor of naturopathic medicine.

9. To conduct or engage in an internship, a preceptorship or a clinical training program or a postdoctoral training program in naturopathic medicine unless the internship, preceptorship, clinical training program or postdoctoral training program is approved.

10. To use the title "naturopathic student physician", "naturopathic student intern" or "naturopathic student preceptee" or a related title or abbreviation while engaged in an internship or a preceptorship unless the person is approved and registered by the board for the internship or the preceptorship program.

B. The board may investigate any person to determine if that person is engaged in the unlawful practice of naturopathic medicine. If an investigation indicates that a person may be practicing naturopathic medicine unlawfully, the board shall inform the person of the alleged violation.  The board may refer the matter for prosecution regardless of whether the person ceases the unlawful practice of naturopathic medicine.
A.R.S. § 32-1650.01 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1650.01
32-1650.01 Medication assistant training programs; requirements
Status: in_force

32-1650.01. Medication assistant training programs; requirements

A. The board shall approve medication assistant training programs pursuant to this section and rules adopted by the board.  An entity that applies for approval of a medication assistant training program must be either:

1. A postsecondary education institution in this state that is accredited by an accrediting agency recognized by the United States department of education.

2. A postsecondary school that is licensed by the state board for private postsecondary education.

3. A long-term care facility that is licensed by the department of health services.

B. An applicant for a medication assistant training program must:

1. Submit an application on a form and in a manner prescribed by the board that shows compliance with this chapter and board rules and that is accompanied by a fee prescribed by the board by rule.

2. Implement a minimum one hundred hour curriculum that is consistent with the curriculum requirements of a board pilot program that allows licensed nursing assistants to administer medication or that is specified by the board by rule.

3. Schedule classroom instruction so that there are not more than four hours of classroom instruction in any one day.

4. Implement admission criteria that are consistent with the requirements of section 32-1650.02.

5. Screen potential students for mathematics and reading comprehension skills that are necessary to understand written material and to safely administer medications.

6. Administer at least three separate unit examinations and a comprehensive final examination that students must pass to progress in the program.

7. Provide course policies regarding attendance, clinical supervision, course completion requirements, passing examination scores and makeup examinations.

8. Ensure that each course instructor has an unrestricted registered nursing license or multistate privilege and at least forty hours of experience administering medications in a licensed long-term care facility.

9. Meet other requirements as specified by the board by rule.

C. The board or its authorized agent shall review the application and provide a written analysis of the applicant's compliance with the requirements in this section and board rules.  The board shall notify the applicant of any deficiencies in the application.  If the board determines that the program meets the requirements prescribed in this chapter and board rules and that approval is in the best interest of the public, the board shall approve the program for a period of not more than four years.

D. The board's authorized employees or representatives periodically may review and conduct a site visit of all approved medication assistant training programs in this state and file written reports of these reviews or site visits with the board. If the board determines that an approved medication assistant training program is not maintaining the required standards, it shall immediately give written notice to the program specifying the defects.  If the defects are not corrected within a reasonable time as determined by the board, the board may take either of the following actions:

1. Restrict the program's ability to admit new students until the program complies with board standards.

2. Revoke the approval of the program for a period of two years.

E. An approved medication assistant training program must maintain accurate and current records for at least five years, including the full theoretical and practical curriculum provided to each student.

F. The training program must furnish a copy of a student's certificate of completion to the board within ten days after each student successfully completes a medication assistant training program.
A.R.S. § 32-2426 — Arizona Code / Title 32 / Chapter 24 / Article 2 / Section 2426
32-2426 Branch office certificate
Status: in_force

32-2426. Branch office certificate

A. No licensee may establish a branch office of a licensed agency unless the department has issued a branch office certificate.

B. A branch office certificate authorizes the qualifying party of an agency licensee to conduct the business of private investigations in this state at a location other than the principal place of business shown on the agency license.

C. An application for a branch office certificate shall be on such form as the director prescribes.

D. The branch office certificate shall be issued in the name of the licensed agency only.
A.R.S. § 32-1831 — Arizona Code / Title 32 / Chapter 17 / Article 2 / Section 1831
32-1831 Teaching licenses; definitions
Status: in_force

32-1831. Teaching licenses; definitions

A. A doctor of osteopathic medicine who is not licensed in this state may be employed as a full-time faculty member by a school of osteopathic medicine in this state approved by the American osteopathic association or a teaching hospital's accredited graduate medical education program in this state to provide professional education through lectures, clinics or demonstrations if the doctor holds a teaching license issued pursuant to this section.

B. An applicant for a teaching license shall:

1. Submit a completed application as prescribed by the board.

2. Pay all fees prescribed by the board. Application fees are nonrefundable.

3. Meet the requirements of section 32-1822.

C. A person who is licensed pursuant to this section shall not open an office or designate a place to meet patients or receive calls relating to the practice of osteopathic medicine in this state outside of the facilities and programs of the approved school or teaching hospital.

D. A person who is licensed pursuant to this section shall comply with the requirements of this chapter, with the exception of those that relate to licensing examinations.

E. The board or the executive director may require an applicant to submit to a personal interview, a physical examination or a mental health evaluation, or any combination of these, at the applicant's expense. The board shall prescribe a reasonable time and place if the board determines that this is necessary to provide the board with adequate information regarding the applicant's ability to meet the licensure requirements of this chapter.  The interview may include questions regarding medical knowledge and other matters relevant to licensure.

F. The board may deny a license for any unprofessional conduct that would constitute grounds for disciplinary action pursuant to this chapter or as determined by a competent domestic or foreign jurisdiction.

G. A person who is licensed pursuant to this section is subject to the disciplinary provisions pursuant to this chapter.

H. A license issued pursuant to this section is valid for two years.  A doctor of osteopathic medicine may apply for licensure once every two years, subject to the continuing medical education requirements prescribed in section 32-1825.

I. For the purposes of this section:

1. "Accredited" means that the school or teaching hospital has an internship, fellowship or residency training program that is accredited by the accreditation council for graduate medical education, the American osteopathic association or a similar body that is approved by the board.

2. "Full-time faculty member" means a full-time faculty member as prescribed by the school of osteopathic medicine or the teaching hospital.
A.R.S. § 32-2406 — Arizona Code / Title 32 / Chapter 24 / Article 1 / Section 2406
32-2406 Hearings and special meetings
Status: in_force

32-2406. Hearings and special meetings

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

B. A majority of board members, regardless of board vacancies, constitutes a quorum and a majority vote of a quorum present is necessary for the board to take any action.
A.R.S. § 32-3248.01 — Arizona Code / Title 32 / Chapter 32 / Article 4 / Section 3248.01
32-3248.01 Schedule II controlled substances; dosage limit; exceptions; morphine; opioid antagonist; definitions
Status: in_force

32-3248.01. Schedule II controlled substances; dosage limit; exceptions; morphine; opioid antagonist; definitions

A. A health professional who is authorized under this title to prescribe controlled substances may not issue a new prescription to be filled or dispensed for a patient outside of a health care institution for a schedule II controlled substance that is an opioid that exceeds ninety morphine milligram equivalents per day.

B. The limit prescribed by subsection A of this section does not apply to:

1. A continuation of a prior prescription that was issued within the previous sixty days.

2. An opioid with a maximum approved total daily dose in the labeling as approved by the United States food and drug administration.

3. A prescription that is issued following a surgical procedure and that is limited to not more than a fourteen-day supply.

4. A patient who:

(a) Has an active oncology diagnosis.

(b) Has a traumatic injury.

(c) Is receiving hospice care.

(d) Is receiving end-of-life care.

(e) Is receiving palliative care.

(f) Is receiving skilled nursing facility care.

(g) Is receiving treatment for burns.

(h) Is receiving medication-assisted treatment for a substance use disorder.

(i) Is hospitalized.

(j) Has chronic intractable pain.

(k) Is receiving opioid treatment for perioperative care following an inpatient surgical procedure.

C. If a health professional believes that a patient requires more than ninety morphine milligram equivalents per day and the patient is not exempt from the limit pursuant to subsection B of this section, the health professional shall first consult with a physician who is licensed pursuant to chapter 13 or 17 of this title and who is board-certified in pain, or an opioid assistance and referral call service, if available, that is designated by the department of health services.  The consultation may be done by telephone or through telehealth. If the opioid assistance and referral call service agrees with the higher dose, the health professional may issue a prescription for more than ninety morphine milligram equivalents per day.  If the consulting physician agrees with the higher dose, the health professional may issue a prescription for more than ninety morphine milligram equivalents per day. If the consulting physician is not available to consult within forty-eight hours after the request, the health professional may prescribe the amount that the health professional believes the patient requires and subsequently have the consultation.  If the health professional is a physician who is licensed pursuant to chapter 13 or 17 of this title and is board-certified in pain, the health professional may issue a prescription for more than ninety morphine milligram equivalents per day without a consultation under this subsection.

D. If a patient is prescribed more than ninety morphine milligram equivalents per day pursuant to subsection B or C of this section, the prescribing health professional shall also prescribe for the patient naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration to treat opioid-related overdoses.

E. The ninety morphine milligram equivalents per day limit prescribed in this section does not apply to a patient with chronic intractable pain once the patient has an established health professional-patient relationship and the patient has tried doses of less than ninety morphine milligram equivalents that have been ineffective at addressing the patient's pain.

F. A prescription for a schedule II controlled substance that is an opioid that is written for more than ninety morphine milligram equivalents per day is deemed to meet the requirements of an exemption under this section when the prescription is presented to the dispenser. A pharmacist is not required to verify with the prescriber whether the prescription complies with this section.

G. For the purposes of this section:

1. "Chronic intractable pain" means pain that meets both of the following:

(a) Is excruciating, constant, incurable and of such severity that it dominates virtually every conscious moment.

(b) Produces mental and physical debilitation.

2. "Established health professional-patient relationship" means that all of the following have occurred:

(a) A patient has physically presented to a health professional with a medical complaint.

(b) The health professional has taken a medical history of the patient.

(c) The health professional has performed a physical examination of the patient.

(d) Some logical connection exists between the medical complaint, the medical history, the physical examination and the drug prescribed.
A.R.S. § 32-2402 — Arizona Code / Title 32 / Chapter 24 / Article 1 / Section 2402
32-2402 Administration by director; duty to keep records; rules; criminal history records checks
Status: in_force

32-2402. Administration by director; duty to keep records; rules; criminal history records checks

A. The director of the department of public safety shall administer this chapter.

B. The department shall keep a record of:

1. All applications for licenses or registrations under this chapter.

2. All bonds and proof of workers' compensation required to be filed.

3.  Whether a license, registration certificate, renewal license or renewal registration certificate has been issued under each application and bond.

4. If a license or registration certificate is revoked, suspended, cancelled or denied or if a licensee or registrant is placed on probation, the date of filing the order for revocation, suspension, cancellation, denial or probation.

5. All individuals, firms, partnerships, associations or corporations that have had a license or registration revoked, suspended or cancelled or that have been placed on probation and a written record of complaints filed against licensees and registrants.

C. The department shall maintain all records kept pursuant to subsection B of this section for at least five years. The records, except the financial statement of licensees, are open to inspection as public records.

D. The director shall adopt and enforce rules that are not in conflict with the laws of this state and that are necessary to enforce this chapter.

E. The director may conduct periodic criminal history records checks pursuant to section 41-1750 for the purpose of updating the licensing and registration status of current license and registration holders.
A.R.S. § 32-801 — Arizona Code / Title 32 / Chapter 7 / Article 1 / Section 801
32-801 Definitions
Status: in_force

32-801. Definitions

In this chapter, unless the context otherwise requires:

1. "Board" means the state board of podiatry examiners.

2. "Electrical treatment" means using electricity in diagnosing or treating an ailment of the foot or leg by electrodes, lights, rays, vibrators or a machine run by electricity.

3. "Leg" means that part of the lower limb between the knee and the foot.

4. "Letter of concern" means an advisory letter to notify a podiatrist that while there is insufficient evidence to support a disciplinary action the board believes the podiatrist should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the board may result in action against the podiatrist's license.

5. "License" means a license to practice podiatry.

6. "Manipulative treatment" means using the hand or machinery in treating the foot or leg.

7. "Mechanical treatment" means applying a mechanical appliance of whatever material to the foot or leg, or to the shoe or other footgear.

8. "Medical treatment" means recommending, prescribing or locally applying a therapeutic agent for relief of a foot or leg ailment.

9. "Podiatric medical assistant" means an unlicensed person who has completed an education program approved by the board, who assists in a podiatric medical practice under the supervision of a podiatrist and who performs delegated procedures commensurate with the assistant's education and training but who does not diagnose, interpret, design or modify established treatment programs or perform any functions that would violate any statute applicable to the practice of podiatric medicine.

10. "Podiatrist" is synonymous with podiatric physician and surgeon and means a person who, within the limits of this chapter, is registered and licensed to practice podiatry by means of performing full body physical examinations within the profession's scope of practice and diagnosing or medically, surgically, mechanically, manipulatively or electrically treating ailments of the human foot and leg but not amputating the leg or entire foot or administering an anesthetic other than local.

11. "Podiatry" is synonymous with chiropody and means diagnosing or medically, surgically, mechanically, manipulatively or electrically treating ailments of the human foot and leg but not amputating the leg or entire foot or administering an anesthetic other than local.

12. "Surgical treatment" means using a cutting instrument to treat an ailment of the foot or leg.
A.R.S. § 32-1725 — Arizona Code / Title 32 / Chapter 16 / Article 2 / Section 1725
32-1725 Issuance and display of license and certificate
Status: in_force

32-1725. Issuance and display of license and certificate

A. The board shall issue to each applicant who satisfactorily passes the examination and who pays the license issuance fee pursuant to section 32-1727 a license under the seal and signatures of the members of the board. An applicant who does not pay the issuance fee within sixty days must submit a new application and all applicable fees pursuant to section 32-1727.

B. A person who holds a license or certificate pursuant to this chapter must display the current, original document in a conspicuous place that is accessible to the public.

C. A person who practices, conducts business or is employed at more than one location and who maintains a continuing activity as authorized by the license or certificate must display a board-issued duplicate of that document at each location.
A.R.S. § 32-3678 — Arizona Code / Title 32 / Chapter 36 / Article 5 / Section 3678
32-3678 Censure, suspension or revocation; civil penalty
Status: in_force

32-3678. Censure, suspension or revocation; civil penalty

The deputy director may censure an appraisal management company, conditionally or unconditionally suspend or revoke any registration issued under this article or impose civil penalties not to exceed $15,000 per violation if, in the opinion of the deputy director, an appraisal management company is attempting to perform, has performed or has attempted to perform any of the following acts:

1. Committing any act in violation of this article.

2. Violating any rule adopted by the deputy director in the interest of the public and consistent with this article.

3. Knowingly making or causing to be made to the deputy director any false representation of material fact.

4. Suppressing or withholding from the deputy director any information that the appraisal management company possesses and that, if submitted by the appraisal management company, would have rendered the appraisal management company ineligible to be registered pursuant to rules adopted by the deputy director.

5. Violating the federal financial institutions reform, recovery and enforcement act of 1989 (P.L. 101-73; 103 Stat. 183).
A.R.S. § 32-3252 — Arizona Code / Title 32 / Chapter 33 / Article 1 / Section 3252
32-3252 Board of behavioral health examiners; appointment; qualifications; terms; compensation; immunity; training program
Status: in_force

32-3252. Board of behavioral health examiners; appointment; qualifications; terms; compensation; immunity; training program

A. The board of behavioral health examiners is established consisting of the following members appointed by the governor:

1. The following professional members:

(a) Two members who are licensed in social work pursuant to this chapter, at least one of whom is a licensed clinical social worker.

(b) Two members who are licensed in counseling pursuant to this chapter, at least one of whom is a licensed professional counselor.

(c) Two members who are licensed in marriage and family therapy pursuant to this chapter, at least one of whom is a licensed marriage and family therapist.

(d) Two members who are licensed in addiction counseling pursuant to this chapter, at least one of whom is a licensed independent addiction counselor.

2. Four public members.

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

C. Each professional board member shall:

1. Be a resident of this state for at least one year before appointment.

2. Be an active licensee in good standing.

3. Have at least five years of experience in an area of behavioral health licensed pursuant to this chapter.

D. Each public board member shall:

1. Be a resident of this state for at least one year before appointment.

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

3. Not be licensed or eligible for licensure pursuant to this chapter unless the public member has been retired from active practice for at least five years.

4. Not currently have a substantial financial interest in an entity that directly provides behavioral health services.

5. Not have a household member who is licensed or eligible for licensure pursuant to this chapter unless the household member has been retired from active practice for at least five years.

E. The term of office of board members is three years to begin and end on the third Monday in January. A member shall not serve more than two full consecutive terms.

F. The board shall annually elect a chairman and secretary-treasurer from its membership.

G. Board members are eligible to receive compensation of not more than $85 for each day actually and necessarily spent in the performance of their duties.

H. Board members and personnel 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.

I. Each board member must complete a twelve-hour training program that emphasizes responsibilities for administrative management, licensure, judicial processes and temperament within one year after appointment to the board.
A.R.S. § 32-1821 — Arizona Code / Title 32 / Chapter 17 / Article 2 / Section 1821
32-1821 Persons and acts not affected by chapter
Status: in_force

32-1821. Persons and acts not affected by chapter

This chapter does not prevent:

1. A duly licensed physician and surgeon of any other state, district or territory from meeting a person licensed pursuant to this chapter within this state for consultation or, pursuant to an invitation by a sponsor, visiting this state for the sole purpose of promoting professional education through lectures, clinics or demonstrations as long as the visiting physician does not open an office, designate a place to meet patients or receive calls relating to the practice of medicine outside of the facilities and programs of the sponsor.

2. The practice of any other method, system or science of healing by a person duly licensed pursuant to the laws of this state.

3. The practice by physicians and surgeons discharging their duties while members of the armed forces of the United States or other federal agencies.

4. Any act, task or function performed by a physician assistant or registered nurse practitioner in the proper discharge of that person's duties.

5. A person administering a lawful domestic or family remedy to a member of that person's immediate family.

6. Providing medical assistance in case of an emergency.

7. The emergency harvesting of donor organs.
A.R.S. § 32-106 — Arizona Code / Title 32 / Chapter 1 / Article 1 / Section 106
32-106 Powers and duties
Status: in_force

32-106. Powers and duties

A. The board shall:

1. Adopt rules for conducting its meetings and performing duties imposed on it by law.

2. Adopt an official seal for attesting certificates of registration and other official papers and documents.

3. Consider and act on or delegate the authority to act on applications for registration or certification.

4. Conduct examinations for in-training and professional registration, except for an alarm business, a controlling person or an alarm agent.

5. Hear and act on complaints or charges that are specified by the complainant or direct an administrative law judge to hear and act on complaints and charges that are specified by the complainant.

6. Compel attendance of witnesses, administer oaths and take testimony concerning all matters coming within its jurisdiction. In exercising these powers, the board may 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.

7. Keep a record of its proceedings.

8. Keep a register that shows the date of each application for registration or certification, the name of the applicant, the practice or branch of practice in which the applicant has applied for registration, if applicable, and the disposition of the application.

B. The board shall specify the proficiency designation in the branch of engineering in which the applicant has designated proficiency on the certificate of registration and renewal card issued to each registered engineer and shall authorize the engineer to use the title of registered professional engineer. The board shall decide what branches of engineering it shall recognize.

C. The board may investigate a complaint pursuant to subsection A, paragraph 5 of this section and may take any necessary disciplinary or enforcement action resulting from a complaint only if the complainant either:

1. Currently has a contractual relationship with the person who is the subject of the complaint or had a contractual relationship with the person at the time of the alleged misconduct.

2. Was harmed by the alleged misconduct or possesses firsthand knowledge of the alleged misconduct.  For the purposes of this paragraph, "firsthand knowledge" includes knowledge of the outcome of the misconduct, witnessed by a person with relevant professional experience in the course of that person's contractual duties with the harmed individual.

D. The board may hold membership in and be represented at national councils or organizations of proficiencies registered under this chapter and may pay the appropriate membership fees.  The board may conduct standard examinations on behalf of national councils and may establish fees for those examinations.

E. The board may employ and pay on a fee basis persons, including full-time employees of a state institution, bureau or department, to prepare and grade examinations given to applicants for registration or review an applicant's submissions of required documents for home inspector certification and regulation and may fix the fee to be paid for these services. These employees are authorized to prepare, grade and monitor examinations, review an applicant's submissions of required documents for home inspector certification and regulation and perform other services the board authorizes, and to receive payment for these services from the technical registration fund.  The board may contract with an organization to administer the registration examination, including selecting the test site, scheduling the examination, billing and collecting the fee directly from the applicant and grading the examination if a national council of which the board is a member or a professional association approved by the board does not provide these services. If a national council of which the board is a member or a professional association approved by the board does provide these services, the board shall enter into an agreement with the national council or professional association to administer the registration examination.

F. The board may rent necessary office space and pay the cost of this office space from the technical registration fund.

G. The board may adopt rules establishing rules of professional conduct for registrants.

H. The board may require evidence it deems necessary to establish the continuing competency of registrants as a condition of renewal of licenses.

I. Subject to title 41, chapter 4, article 4, the board may employ persons as it deems necessary.

J. The board shall issue or may authorize the executive director to issue a certificate or renewal certificate to each alarm business and each controlling person and a certification or renewal certification card to each alarm agent if the qualifications prescribed by this chapter are met.
A.R.S. § 32-1504 — Arizona Code / Title 32 / Chapter 14 / Article 1 / Section 1504
32-1504 Powers and duties
Status: in_force

32-1504. Powers and duties

A. The board shall:

1. Adopt rules that are necessary or proper for the administration of this chapter.

2. Administer and enforce all provisions of this chapter and all rules adopted by the board under the authority granted by this chapter.

3. Adopt rules regarding the qualifications of medical assistants who assist doctors of naturopathic medicine and shall determine the qualifications of medical assistants who are not otherwise regulated.

4. Adopt rules for the approval of schools of naturopathic medicine. The board may incorporate by reference the accrediting standards for naturopathic medical schools published by accrediting agencies recognized by the United States department of education or recognized by the council for higher education accreditation.

5. Adopt rules relating to clinical, internship, preceptorship and postdoctoral training programs, naturopathic graduate medical education and naturopathic continuing medical education programs. The rules for naturopathic continuing medical education programs shall require at least ten hours each year directly related to pharmacotherapeutics.

6. Periodically inspect and evaluate clinical, internship, preceptorship and postdoctoral training programs and naturopathic graduate medical education programs and randomly evaluate naturopathic continuing medical education programs.

7. Adopt rules relating to the dispensing of natural substances, drugs and devices.

8. Adopt rules necessary for the safe administration of intravenous nutrients.  These rules shall identify and exclude substances that do not meet the criteria of nutrients suitable for intravenous administration.

9. Adopt and use a seal.

10. Have the full and free exchange of information with the licensing and disciplinary boards of other states and countries and with the American association of naturopathic physicians, the Arizona naturopathic medical association, the association of naturopathic medical colleges, the federation of naturopathic medical licensing boards and the naturopathic medical societies of other states, districts and territories of the United States or other countries.

B. The board may:

1. Adopt rules that prescribe annual continuing medical education for the renewal of licenses issued under this chapter.

2. Employ permanent or temporary personnel it deems necessary to carry out the purposes of this chapter and designate their duties.

3. Adopt rules relating to naturopathic medical specialties and determine the qualifications of doctors of naturopathic medicine who may represent or hold themselves out as being specialists.

4. If reasonable cause exists to believe that the competency of an applicant or a person who is regulated by the board is in question, require that person to undergo any combination of physical, mental, biological fluid and laboratory tests.

5. Be a dues paying member of national organizations that support licensing agencies in their licensing and regulatory duties and pay the travel expenses involved for a designated board member or the executive director to represent the board at the annual meeting of these organizations.

6. Adopt rules for conducting licensing examinations required by this chapter.

7. Delegate to the executive director the board's authority pursuant to sections 32-1509 and 32-1551.
A.R.S. § 32-3624 — Arizona Code / Title 32 / Chapter 36 / Article 2 / Section 3624
32-3624 Professional corporations and partnerships; appraisal assistance
Status: in_force

32-3624. Professional corporations and partnerships; appraisal assistance

A corporation, partnership or other business entity may provide appraisal services in connection with transactions related to this chapter if the appraisal is prepared by individuals who are licensed or certified in accordance with this chapter. An individual who is not a state-licensed or state-certified appraiser may provide clerical or administrative assistance in the preparation of an appraisal document.  An individual who is a registered trainee appraiser may be involved in developing and reporting the appraisal if both of the following apply:

1. The registered trainee appraiser is under the direct supervision of a state-licensed or state-certified appraiser as prescribed in section 32-3612, paragraph 4.

2. The final appraisal document is approved and the certification is signed by an individual who is a state-licensed or state-certified appraiser.
A.R.S. § 32-1122 — Arizona Code / Title 32 / Chapter 10 / Article 2 / Section 1122
32-1122 Qualifications for license
Status: in_force

32-1122. Qualifications for license

A. A contractor's license may be issued only by act of the registrar of contractors. The registrar shall:

1. Classify and qualify applicants for a license.

2. If necessary, change the license classification of a licensee in the case of a title reclassification, with or without a bond rider for the purpose of continuing liability on the bond.

3. Conduct investigations the registrar deems necessary.

4. Establish written examinations to protect the health and safety of the public.

B. To obtain, renew or maintain a license under this chapter, the applicant or licensee shall:

1. Submit to the registrar of contractors a verified application on forms that are prescribed by the registrar of contractors and that contain the following information:

(a) A designation of the classification of license that is sought by the applicant.

(b) If the applicant is a sole proprietorship, the applicant's name and address.

(c) If the applicant is a partnership, the names and addresses of all partners with a designation of any limited partners.

(d) If the applicant is a limited liability company, the names and addresses of all of the following, as applicable:

(i) If the applicant is a manager-managed limited liability company, all managers.

(ii) If the applicant is a member-managed limited liability company, all members.

(iii) All owners of twenty-five percent or more of the stock or beneficial interest.

(e) If the applicant is a corporation, an association or any other organization, the names and addresses of all of the following:

(i) The president, vice president, secretary and treasurer or the names and addresses of the functional equivalent of all of these officers.

(ii) The directors.

(iii) The owners of twenty-five percent or more of the stock or beneficial interest.

(f) The name and address of the qualifying party.

(g) If the applicant is a limited liability company or corporation, an attestation that the limited liability company or corporation is in good standing with the corporation commission.

(h) The address or location of the applicant's place of business and the mailing address if it is different from the applicant's place of business.

(i) An attestation that the applicant has complied with the statutes and rules governing workers' compensation insurance. If the applicant is required by law to secure workers' compensation insurance pursuant to title 23, chapter 6, the attestation must contain the workers' compensation insurance policy number or be accompanied by proof of self-insurance.

(j) If the applicant is a trust, the names and addresses of all trustees.

2. Submit the appropriate fee required under this chapter.

3. Submit and maintain the appropriate bond required under this chapter.

4. Notify the registrar of any change in the information required by this section within thirty days after the change occurs.

C. To obtain, renew or maintain a license under this chapter, each person who is named on a license must not have engaged in contracting without a license or committed any act that, if committed or done by any licensed contractor, would be grounds for suspension or revocation of a contractor's license or be named on a license that was suspended or revoked in this state or another state.

D. To obtain a license under this chapter, a person may not have had a license denied, refused or revoked within one year before the person's application. The registrar may find circumstances behind the denial, refusal or revocation excusable if the applicant's actions did not result in an unremedied hardship or danger or loss to the public. A person who has been convicted of contracting without a license is not eligible to obtain a license under this chapter for one year after the date of the last conviction.

E. Before a license is issued, the qualifying party must:

1. Have a minimum of four years' practical or management trade experience, at least two of which must have been within the last ten years, dealing specifically with the type of construction, or its equivalent, for which the applicant is applying for a license. Technical training in an accredited college or university or in a manufacturer's accredited training program may be substituted for a portion of such experience, but in no case may credited technical training exceed two years of the required four years' experience. The registrar of contractors may reduce the four years' practical or management experience requirement if in the registrar's opinion it has been conclusively shown by custom and usage in the particular industry or craft involved that the four-year requirement is excessive. The registrar shall waive the work experience documentation and verification if the records reflect that the qualifying party is currently or has previously been a qualifying party for a licensee in this state in the same classification and meets all other qualifications.

2. Successfully show, by written examination taken not more than two years before application, if required, qualification in the kind of work for which the applicant proposes to contract, the applicant's general knowledge of the building, safety, health and lien laws of the state, administrative principles of the contracting business and the rules adopted by the registrar of contractors pursuant to this chapter, demonstrate knowledge and understanding of construction plans and specifications applicable to the particular industry or craft and of the standards of construction work and techniques and practices in the particular industry or craft and demonstrate a general understanding of other related construction trades, in addition to any other matters as may be deemed appropriate by the registrar to determine that the qualifying party meets the requirements of this chapter.

F. The registrar shall maintain multiple versions of examinations for each type of license that requires an examination. The registrar shall waive the examination requirement if the records reflect that the qualifying party is currently or has previously been a qualifying party for a licensee in this state in the same classification within the preceding five years.

G. A license may not be issued to a minor, to any partnership in which one of the partners is a minor or to any corporation in which a corporate officer is a minor.

H. Before receiving, renewing and holding a license pursuant to this chapter, the registrar may require a license applicant or licensee to submit to the registrar a full set of fingerprints and the fees required in section 41-1750. The registrar shall submit the fingerprints and fees to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.  The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
A.R.S. § 32-1934 — Arizona Code / Title 32 / Chapter 18 / Article 2 / Section 1934
32-1934 Remote hospital-site pharmacy permittee; requirements
Status: in_force

32-1934. Remote hospital-site pharmacy permittee; requirements

A. A remote hospital-site pharmacy permittee shall comply with all the provisions of this chapter requiring registration and regulation of pharmacies, with board rules and with applicable federal law.

B. A remote hospital-site pharmacy permittee shall ensure that:

1. The remote hospital-site pharmacy is supervised by a pharmacist who is located in this state and who is employed by the hospital.

2. The remote hospital-site pharmacy displays a sign visible to the public identifying the pharmacy as a remote hospital-site pharmacy and warning that the remote hospital-site pharmacy is under continuous video surveillance that is recorded and retained.

3. The remote hospital-site pharmacy uses an electronic recordkeeping system that is shared with and accessible by the pharmacy located in the hospital.

4. All drugs and devices furnished from the remote hospital-site pharmacy to patients of the satellite facility are verified by a pharmacist who is licensed in this state and who is employed by the hospital.  If the satellite facility is an emergency department of the hospital, in the pharmacist's absence a registered nurse practitioner or professional nurse who is licensed pursuant to chapter 15 of this title, a physician who is licensed pursuant to chapter 13 or 17 of this title or a physician assistant who is licensed pursuant to chapter 25 of this title may obtain from the remote hospital-site pharmacy necessary drugs and devices that are ordered by a medical practitioner and that are needed by a patient in an emergency, according to policies approved by the hospital.

5. The pharmacist in charge develops and implements procedures regarding obtaining, storing and dispensing drugs for inpatient administration and devices and recordkeeping requirements.

6. If a noncontrolled substance single-patient use multidose medication was dispensed to a patient in a container for inpatient administration, the remote hospital-site pharmacy dispenses that medication for the patient on discharge, if needed.

C. A remote hospital-site pharmacy permittee shall:

1. Develop and maintain a policy and procedures manual and make the manual available to the board or its agent on request.

2. Maintain a perpetual inventory of controlled substances.

3. Ensure that there is continuous video surveillance of the remote hospital-site pharmacy and maintain recorded videos for at least sixty days.

4. Ensure that the pharmacist in charge from the pharmacy located in the hospital reconciles the inventory of controlled substances on a monthly basis.

D. A pharmacist may engage simultaneously in the practice of pharmacy at a reasonable number of remote hospital-site pharmacies as determined and approved by the hospital.

E. The board may adopt additional rules that are necessary to implement this section.
A.R.S. § 32-518 — Arizona Code / Title 32 / Chapter 5 / Article 2 / Section 518
32-518 Inactive licenses; reactivation; suspension
Status: in_force

32-518. Inactive licenses; reactivation; suspension

A. A license that is not renewed pursuant to section 32-517 automatically reverts to inactive status.

B. A licensee may reactivate an inactive license:

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

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

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

D. A licensee shall not practice under an inactive license.
A.R.S. § 32-3003 — Arizona Code / Title 32 / Chapter 30 / Article 1 / Section 3003
32-3003 Powers and duties
Status: in_force

32-3003. Powers and duties

A. The board shall:

1. Annually select a chairman from among its members.

2. Meet at least four times a year.

3. Adopt rules which are necessary or proper for the administration of this chapter.

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

5. Establish minimum standards for private vocational program licensure requirements.

6. Adopt an official seal for attestation of licenses or other official papers and documents.

7. Consider and pass upon applications for private vocational program licenses and licenses to grant degrees.

8. Hear and pass upon complaints or charges.

9. Compel attendance of witnesses, administer oaths and take testimony concerning all matters coming within its jurisdiction.

10. Keep a record of its proceedings.

11. Keep a register which shows the date of each application for a private vocational program license, qualifications and place of business of the applicant and disposition of the application.

12. Keep a register which shows the date of each application for a license to grant degrees, qualifications and place of business of the applicant and disposition of the application.

13. Maintain a list of institutions licensed pursuant to this chapter which is open to public inspection at all reasonable times.  The board shall give a copy of the list to any person who requests it.

14. Engage in a full exchange of information with other regulatory boards, governmental agencies, accrediting agencies and the United States department of education.

15. Do other things necessary to carry out the purposes of this chapter.

B. The board may:

1. Subject to title 41, chapter 4, article 4, employ personnel it deems necessary to carry out the purposes of this chapter and designate their duties.  These duties may include considering and passing on license applications, considering and passing on complaints or charges, making investigations, compelling attendance of witnesses and issuing official papers and documents.

2. Make investigations, hold hearings and make decisions to enforce this chapter.

3. Issue subpoenas to compel the attendance of witnesses and the production of documents and administer oaths, take testimony, hear proof and receive exhibits in evidence.

4. Accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this chapter. These monies do not revert to the state general fund at the end of a fiscal year.

5. Enter into an intergovernmental agreement pursuant to section 15-1747 to manage private postsecondary institutions in this state subject to the terms of the reciprocity agreement.
A.R.S. § 32-1125 — Arizona Code / Title 32 / Chapter 10 / Article 2 / Section 1125
32-1125 Renewal of license; qualifying party
Status: in_force

32-1125. Renewal of license; qualifying party

A. Except as provided in section 32-4301, a license issued under this chapter is suspended on the next business day following its renewal date by operation of law. An application for renewal of any current contracting license addressed to the registrar, with a valid bond or cash deposit on file with the registrar, accompanied by the required fee and received by the registrar or deposited in the United States mail postage prepaid on or before the renewal date authorizes the licensee to operate as a contractor until actual issuance of the renewal license. The registrar may refuse to renew a license if a licensee or person has committed or been found guilty of any act listed in section 32-1154.

B. A license that has been suspended by operation of law for failure to renew may be reactivated and renewed within one year of its suspension by filing the required application and paying the application fee in the amount provided for renewal in this chapter in addition to a $50 fee.  When a license has been suspended for more than one year for failure to renew, a new application for a license must be made and a new license issued in accordance with this chapter.

C. A licensee may apply in writing to the registrar for exemption from a qualifying party. The licensee must show to the satisfaction of the registrar that during the past five years the licensee:

1. Held a valid and active license and could legally contract under this chapter for the entire five-year period.

2. Did not transfer fifty percent or more of its stock or beneficial interest.

3. Did not commit a violation of section 32-1154, subsection A that has not been remedied.

D. The registrar shall approve or deny the application within thirty days after its receipt.  If the application is not approved, the licensee, within thirty days, may request a hearing to be held pursuant to section 32-1156. If the application is approved, the exemption takes effect immediately.

E. A licensee that is exempt from the requirement for a qualifying party pursuant to subsection C of this section may be required by the registrar after a hearing to obtain a qualifying party within sixty days on a finding that:

1. A transfer of ownership of fifty percent or more of the stock, if applicable, or beneficial interest, in the licensee has occurred.

2. A violation of section 32-1154 has occurred.
A.R.S. § 32-122.03 — Arizona Code / Title 32 / Chapter 1 / Article 2 / Section 122.03
32-122.03 Qualifications for registration; reciprocity or endorsement
Status: in_force

32-122.03. Qualifications for registration; reciprocity or endorsement

A. Notwithstanding section 32-122.01, a person who meets the qualifications for registration pursuant to this section is eligible for registration.

B. An applicant for professional registration as a professional engineer, architect, land surveyor or landscape architect in this state through reciprocity or endorsement shall hold both of the following:

1. A valid license, registration or certification issued by the proper authority of either:

(a) Another state, territory, district or possession.

(b) A country participating in the applicable profession's national council mutual recognition agreement.

2. A certification or model law designation from the applicable profession's national council.

C. In addition to the requirements prescribed by subsection B of this section, an applicant for registration as a:

1. Professional engineer through reciprocity or endorsement shall hold a record from the profession's national council verifying that the person meets at least one of the following in the branch of engineering in which registration is sought:

(a) Has at least four years of experience following the person's licensure, registration or certification by the other jurisdiction.

(b) Passed a professional national examination.

(c) Earned a baccalaureate or equivalent degree or a postgraduate degree.

2. Land surveyor through reciprocity or endorsement shall pass the examination relating to surveying methods and legal principles in this state as prescribed by the board in rule.
A.R.S. § 32-829 — Arizona Code / Title 32 / Chapter 7 / Article 2 / Section 829
32-829 Renewal or cancellation of license; change of address; continuing education
Status: in_force

32-829. Renewal or cancellation of license; change of address; continuing education

A. Except as provided in section 32-4301, a license to practice podiatry expires on June 30 of each year.  To renew the license the licensee shall submit the renewal fee prescribed in section 32-830 and present evidence satisfactory to the board that in the year preceding the application for renewal the licensee attended at least twenty-five hours of board approved continuing education courses or programs. A licensee who does not renew a license on or before July 30 shall also pay a penalty fee as prescribed in section 32-830 for late renewal.  The board shall cancel a license if the licensee does not renew it on or before August 31.  A person who practices podiatry in this state after the person's license is cancelled is in violation of this chapter.

B. A person whose license is cancelled may reapply for a license to practice podiatry as provided in this chapter.

C. On written application the board may waive the requirement provided in subsection A of this section for those licensees who submit satisfactory proof that they were prevented from attending educational programs because of disability, military service or absence from the continental United States.

D. Each licensee shall promptly and in writing inform the board of the licensee's current office address and of each change in office address within thirty days.

E. If the board finds that an applicant for license renewal has not met the board's continuing education requirements, it may allow the licensee an additional sixty days to meet those requirements after which time the applicant is ineligible for license renewal.
A.R.S. § 32-2410 — Arizona Code / Title 32 / Chapter 24 / Article 1 / Section 2410
32-2410 Power of local authorities
Status: in_force

32-2410. Power of local authorities

This chapter does not prevent a political subdivision of this state from imposing local regulation on any person engaged in the business of accepting employment for the location or recovery of personal property that is sold under conditional sales agreements or that is subject to the terms of a chattel mortgage, but the political subdivision may not assess an additional fee.
A.R.S. § 32-2194.02 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.02
32-2194.02 Examination by commissioner; fee
Status: in_force

32-2194.02. Examination by commissioner; fee

Before cemetery plots are offered for sale the commissioner shall examine the cemetery and shall make public his findings. The total cost of travel and subsistence expenses incurred by the department in the examination, in addition to the initial filing fee provided for in this section, shall be borne by the owner of the cemetery or his agent, on the basis of actual cost to the department. An initial filing fee of five hundred dollars or such lesser fee as determined by the commissioner shall accompany the written notification required in section 32-2194.01.
A.R.S. § 32-1963 — Arizona Code / Title 32 / Chapter 18 / Article 3 / Section 1963
32-1963 Liability of manager, proprietor or pharmacist in charge of a pharmacy; variances in quality of drugs or devices prohibited
Status: in_force

32-1963. Liability of manager, proprietor or pharmacist in charge of a pharmacy; variances in quality of drugs or devices prohibited

A. The proprietor, manager, and pharmacist in charge of a pharmacy shall be responsible for the quality of drugs and devices sold or dispensed in the pharmacy, except those sold in original packages of the manufacturer.

B. No pharmacist or other person shall manufacture, compound, dispense, or offer for sale or cause to be manufactured, compounded, dispensed, or offered for sale any drug or device under or by a name recognized in the official compendium or the federal act which differs from the standard of strength, purity and quality specified therein as official at the time of manufacture, compounding, dispensing, or offering for sale, nor shall a pharmacist or other person manufacture, compound, dispense, or offer for sale, or cause to be manufactured, compounded, dispensed, or offered for sale, any drug or device, the strength, purity or quality of which falls below the required strength, purity or quality under which it is sold.

C. Within four working days of receiving a request, the proprietor, manager or pharmacist in charge shall provide the following documents relating to the acquisition or disposal of prescription-only and controlled substance medication if this information is requested by an authorized board agent in the course of his official duties:

1. Invoices.

2. Stock transfer documents.

3. Merchandise return memos.

4. Other related documentation.
A.R.S. § 32-2086 — Arizona Code / Title 32 / Chapter 19.1 / Article 3 / Section 2086
32-2086 Treatment and rehabilitation program
Status: in_force

32-2086. Treatment and rehabilitation program

A. The board may establish a confidential program for the treatment and rehabilitation of psychologists who are impaired. The treatment and rehabilitation may include education, intervention, therapeutic treatment and posttreatment monitoring and support. The licensee is responsible for the costs associated with the treatment and rehabilitation, including monitoring.

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

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

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

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

4. Immediate reporting to the board of the name of an impaired psychologist whom the treating organization believes to be a danger to the public or to the psychologist.

5. Reports to the board, as soon as possible, of the name of a psychologist who refuses to submit to treatment or whose impairment is not substantially alleviated through treatment.

C. The board may allocate an amount of not more than twenty dollars from each fee it collects from the biennial renewal of active licenses pursuant to section 32-2067 for the operation of the program established by this section.

D. A psychologist who is impaired and who does not agree to enter into a stipulated order with the board shall be placed on probation or shall be subject to other action as provided by law.

E. In order to determine that a psychologist who has been placed on a probation order or who has entered into a stipulation order pursuant to this section is not impaired by alcohol or illegal substances after that order is no longer in effect, the board or its designee may require the psychologist to submit to bodily fluid examinations and other examinations known to detect the presence of alcohol or illegal substances at any time within the five consecutive years following termination of the probationary or stipulated order.

F. A psychologist who is impaired by alcohol or illegal substances and who was under a board stipulation or probationary order that is no longer in effect must ask the board to place the psychologist's license on inactive status with cause.  If the psychologist fails to do this, the board shall summarily suspend the license pursuant to section 32-2081. In order to reactivate the license the psychologist must successfully complete a board approved long-term care residential treatment program, an inpatient hospital treatment program or an intensive outpatient treatment program and shall meet the requirements of section 32-2074. After the psychologist completes treatment the board shall determine if it should reactivate the license without restrictions or refer the matter to a formal hearing for the purpose of suspending or revoking the license or to place the psychologist on probation with restrictions necessary to ensure the public's safety.

G. The board may revoke the license of a psychologist if that psychologist is impaired by alcohol or illegal substances and was previously placed on probation pursuant to subsection F of this section. If the licensee is no longer on probation, the board may accept the surrender of the license if the psychologist admits in writing to being impaired by alcohol or illegal substances.

H. An evaluator, treatment provider, teacher, supervisor or volunteer in the board's substance abuse treatment and rehabilitation program who acts in good faith within the scope of that program is not subject to civil liability, including malpractice liability, for the actions of a psychologist who is attending the program pursuant to board action.
A.R.S. § 32-1634.04 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1634.04
32-1634.04 Certified registered nurse anesthetist; scope of practice; physician and surgeon immunity
Status: in_force

32-1634.04. Certified registered nurse anesthetist; scope of practice; physician and surgeon immunity

A. A certified registered nurse anesthetist may administer anesthetics under the direction of and in the presence of a physician or surgeon in connection with the preoperative, intraoperative or postoperative care of a patient or as part of a procedure performed by a physician or surgeon in the following settings:

1. A health care institution.

2. An office of a health care professional who is licensed pursuant to chapter 7, 11, 13 or 17 of this title.

3. An ambulance.

B. In connection with the preoperative, intraoperative or postoperative care of a patient or as part of the procedure in the settings prescribed in subsection A of this section, a certified registered nurse anesthetist as part of the care or procedure may:

1. Issue a medication order for drugs or medications, including controlled substances, to be administered by a licensed, certified or registered health care provider.

2. Assess the health status of an individual as that status relates to the relative risks associated with anesthetic management of an individual.

3. Obtain informed consent.

4. Order and evaluate laboratory and diagnostic test results and perform point-of-care testing that the certified registered nurse anesthetist is qualified to perform.

5. Order and evaluate radiographic imaging studies that the certified registered nurse anesthetist is qualified to order and interpret.

6. Identify, develop, implement and evaluate an anesthetic plan of care for a patient to promote, maintain and restore health.

7. Take action necessary in response to an emergency situation.

8. Perform therapeutic procedures that the certified registered nurse anesthetist is qualified to perform.

C. A certified registered nurse anesthetist's prescribing authority to administer anesthetics or to issue a medication order as prescribed by this section does not include the ability to write or issue a prescription for medications to be filled or dispensed for a patient for use outside of the settings prescribed in subsection A of this section.

D. A physician or surgeon is not liable for any act or omission of a certified registered nurse anesthetist who orders or administers anesthetics under this section.
A.R.S. § 32-1979.02 — Arizona Code / Title 32 / Chapter 18 / Article 3 / Section 1979.02
32-1979.02 Oral fluoride varnish; prescription and administration authority; requirements
Status: in_force

32-1979.02. Oral fluoride varnish; prescription and administration authority; requirements

A. A pharmacist who is licensed pursuant to this chapter and who meets the requirements of this section may prescribe and administer oral fluoride varnish.

B. A pharmacist who wishes to administer oral fluoride varnish pursuant to this section shall successfully complete a course of training accredited by the accreditation council for pharmacy education on the use of a caries risk assessment and oral fluoride varnish application, or other board-approved training that complies with American dental association guidelines.

C. A pharmacist who administers oral fluoride varnish pursuant to this section shall do all of the following:

1. Perform a caries risk assessment with each patient and make any necessary referrals to a dentist or physician for moderate or high-risk patients within five business days.

2. Provide each patient with a fluoride record card to be shared with other providers to track fluoride treatments.

3. Inform each patient that fluoride varnish is not sufficient dental care and encourage each patient to see a dentist on a regular basis.

4. Make and keep records for at least one year following the administration of oral fluoride varnish.

D. A pharmacist may not give or receive, either directly or indirectly, a payment, kickback, rebate, bonus or other remuneration for a referral to a dentist or physician pursuant to subsection C of this section.
A.R.S. § 32-4221 — Arizona Code / Title 32 / Chapter 42 / Article 2 / Section 4221
32-4221 Licensure; persons and activities not required to be licensed
Status: in_force

32-4221. Licensure; persons and activities not required to be licensed

A. Beginning July 1, 2005, a person who wishes to engage in the practice of massage therapy must be licensed pursuant to this chapter and may submit an application for licensure pursuant to this chapter not sooner than the date prescribed by the board.

B. This chapter does not apply to:

1. A health care professional who is licensed pursuant to this title and who practices within the scope of that person's license if that person does not claim to be a massage therapist or a bodywork therapist.

2. A person who is pursuing a course of study leading to a degree as a massage therapist in a professional education program that is approved by the board if all of the following apply:

(a) The person is satisfying supervised clinical education requirements related to the person's massage therapy education while under the direct supervision of a licensed massage therapist.

(b) The person is practicing in an education setting in this state that has been approved by the state board for private postsecondary education.

(c) The person is practicing in an establishment, location or setting that complies with applicable municipal and county ordinances.

(d) All persons who are present in the room during the delivery of massage services, other than a student and the customer, are licensed pursuant to this chapter or are health professionals as defined in section 32-3201.

3. A massage therapist who resides and is employed in another jurisdiction and who possesses the qualifications for licensure in this state if that person is performing massage therapy in this state in connection with teaching or is participating in an educational seminar.

4. The practice of massage therapy by a person who is employed by the government of the United States while the person is engaged in the performance of duties prescribed by the laws and regulations of the United States.

5. When the customer is fully clothed, the practice of movement educators, such as dance therapists or teachers, yoga teachers, personal trainers, martial arts instructors and movement repatterning practitioners.

6. When the customer is fully clothed, the practice of techniques that are specifically intended to affect the human energy field.

C. A health care professional who is licensed pursuant to this title and who practices within the scope of that person's license is not required to be licensed pursuant to this chapter.

D.  This chapter does not require a person acting under the supervision of a person licensed pursuant to this title and permitted by this title to perform functions under the direction or supervision of that licensee to hold a license pursuant to this chapter.
A.R.S. § 32-2405 — Arizona Code / Title 32 / Chapter 24 / Article 1 / Section 2405
32-2405 Powers and duties of hearing board
Status: in_force

32-2405. Powers and duties of hearing board

A. The board shall:

1. Submit recommendations to the director on disciplinary actions or the denial of licenses or registrations.

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

3. Determine good cause exceptions pursuant to sections 32-2412 and 32-2609.

4. Adopt rules to establish good cause exceptions for the issuance of licenses or registrations pursuant to this chapter and chapter 26 of this title.

5. Furnish a copy of its rules, on request, to all applicants who petition the board for a good cause exception pursuant to sections 32-2459, 32-2640 and 32-2641.

B. The board may:

1. Take and hear evidence, administer oaths and affirmations and compel by subpoena the attendance of witnesses and the production of books, papers, records, documents and other information relating to an investigation or hearing.

2. Annually review the security guard and armed security guard training curricula and make recommendations to the department for the modification of or update to training courses prescribed in section 32-2632 and the addition of continuing education courses.
A.R.S. § 32-519 — Arizona Code / Title 32 / Chapter 5 / Article 2 / Section 519
32-519 Eyelash technicians; registration; renewal; register; exception
Status: in_force

32-519. Eyelash technicians; registration; renewal; register; exception

A. Except as provided in subsection D of this section, an eyelash technician must be registered by the board. A person is entitled to receive an eyelash technician registration if the person does all of the following:

1. Submits to the board an application for an eyelash technician registration on a form supplied by the board.

2. Either:

(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 that the person successfully completed a board-approved training program. The board shall require not more than thirty hours of training. A training program is not required to be licensed as a school by the board to be approved. The board-approved training program shall provide a provisional registration to the person verifying the successful completion of the training. Any person who satisfactorily demonstrates training received before October 30, 2023 is eligible for registration.

4. Pays the prescribed fees.

B. Except as provided in section 32-4301, an eyelash technician shall renew the person's registration on or before the person's birthday once every two years. An eyelash technician shall submit to the board an application for renewal accompanied by the prescribed renewal fee to renew the person's registration. An eyelash technician who fails to renew the person's registration on or before the person's birthday shall also pay the prescribed delinquent renewal penalty to renew the registration.

C. The board shall maintain a current register of registered eyelash technicians who are in good standing with the board.

D. An aesthetician or cosmetologist may perform eyelash extensions without registering as an eyelash technician pursuant to this section.
A.R.S. § 32-1606 — Arizona Code / Title 32 / Chapter 15 / Article 1 / Section 1606
32-1606 Powers and duties of board
Status: in_force

32-1606. Powers and duties of board

A. The board may:

1. Adopt and revise rules necessary to carry into effect this chapter.

2. Publish advisory opinions regarding registered and practical nursing practice and nursing education.

3. Issue limited licenses or certificates if it determines that an applicant or licensee cannot function safely in a specific setting or within the full scope of practice.

4. Refer criminal violations of this chapter to the appropriate law enforcement agency.

5. Establish a confidential program for monitoring licensees who are chemically dependent and who enroll in rehabilitation programs that meet the criteria established by the board. The board may take further action if the licensee refuses to enter into a stipulated agreement or fails to comply with its terms. In order to protect the public health and safety, the confidentiality requirements of this paragraph do not apply if the licensee does not comply with the stipulated agreement.

6. On the applicant's or regulated party's request, establish a payment schedule with the applicant or regulated party.

7. Provide education regarding board functions.

8. Collect or assist in collecting workforce data.

9. Adopt rules to conduct pilot programs consistent with public safety for innovative applications in nursing practice, education and regulation.

10. Grant retirement status on request to retired nurses who are or were licensed under this chapter, who have no open complaint or investigation pending against them and who are not subject to discipline.

11. Accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this chapter.  These monies do not revert to the state general fund at the end of the fiscal year.

B. The board shall:

1. Approve regulated training and educational programs that meet the requirements of this chapter and rules adopted by the board.

2. By rule, establish approval and reapproval processes for nursing and nursing assistant training programs that meet the requirements of this chapter and board rules.

3. Prepare and maintain a list of approved nursing programs to prepare registered nurses and practical nurses whose graduates are eligible for licensing under this chapter as registered nurses or as practical nurses if they satisfy the other requirements of this chapter and board rules.

4. Examine qualified registered nurse and practical nurse applicants.

5. License and renew the licenses of qualified registered nurse and practical nurse applicants and licensed nursing assistants who are not qualified to be licensed by the executive director.

6. Adopt a seal, which the executive director shall keep.

7. Keep a record of all proceedings.

8. For proper cause, deny or rescind approval of a regulated training or educational program for failure to comply with this chapter or the rules of the board.

9. Adopt rules to approve credential evaluation services that evaluate the qualifications of applicants who graduated from an international nursing program.

10. Determine and administer appropriate disciplinary action against all regulated parties who are found guilty of violating this chapter or rules adopted by the board.

11. Perform functions necessary to carry out the requirements of the nursing assistant and nurse aide training and competency evaluation program as set forth in the omnibus budget reconciliation act of 1987 (P.L. 100-203; 101 Stat. 1330), as amended by the medicare catastrophic coverage act of 1988 (P.L. 100-360; 102 Stat. 683). These functions shall include:

(a) Testing and registering certified nursing assistants.

(b) Testing and licensing licensed nursing assistants.

(c) Maintaining a list of board-approved training programs.

(d) Maintaining a registry of nursing assistants for all certified nursing assistants and licensed nursing assistants.

(e) Assessing fees.

12. Adopt rules establishing acts that may be performed by a registered nurse practitioner or certified nurse midwife, except that the board does not have authority to decide scope of practice relating to abortion as defined in section 36-2151.

13. Adopt rules that prohibit registered nurse practitioners, clinical nurse specialists or certified nurse midwives from dispensing a schedule II controlled substance that is an opioid, except for an implantable device or an opioid that is for medication-assisted treatment for substance use disorders or as provided in section 32-3248.03.

14. Adopt rules establishing educational requirements to certify school nurses.

15. Publish copies of board rules and distribute these copies on request.

16. Require each applicant for initial licensure or certification to submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

17. Except for a licensee who has been convicted of a felony that has been designated a misdemeanor pursuant to section 13-604, revoke a license of a person, revoke the multistate licensure privilege of a person pursuant to section 32-1669 or not issue a license or renewal to an applicant 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.

18. Establish standards to approve and reapprove registered nurse practitioner and clinical nurse specialist programs and provide for surveys of registered nurse practitioner and clinical nurse specialist programs as the board deems necessary.

19. Provide the licensing authorities of health care institutions, facilities and homes with any information the board receives regarding practices that place a patient's health at risk.

20. Limit the multistate licensure privilege of any person who holds or applies for a license in this state pursuant to section 32-1668.

21. Adopt rules to establish competency standards for obtaining and maintaining a license.

22. Adopt rules to qualify and certify clinical nurse specialists.

23. Adopt rules to approve and reapprove refresher courses for nurses who are not currently practicing.

24. Maintain a list of approved medication assistant training programs.

25. Test and certify medication assistants.

26. Maintain a registry and disciplinary record of medication assistants who are certified pursuant to this chapter.

27. Adopt rules to establish the requirements for a clinical nurse specialist to prescribe and dispense drugs and devices consistent with section 32-1651 and within the clinical nurse specialist's population or disease focus.

28. Issue registrations to administer general anesthesia and sedation in dental offices and dental clinics pursuant to section 32-1272 to certified registered nurse anesthetists who have national board certification in anesthesiology.

C. The board may conduct an investigation on receipt of information that indicates that a person or regulated party may have violated this chapter or a rule adopted pursuant to this chapter. Following the investigation, the board may take disciplinary action pursuant to this chapter.

D. The board may limit, revoke or suspend the privilege of a nurse to practice in this state granted pursuant to section 32-1668.

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

F. The president or a member of the board designated by the president may administer oaths in transacting the business of the board.
A.R.S. § 32-2067 — Arizona Code / Title 32 / Chapter 19.1 / Article 1 / Section 2067
32-2067 Fees; alternative payment methods
Status: in_force

32-2067. Fees; alternative payment methods

A. The board, by a formal vote at its annual fall meeting, may establish fees and penalties that do not exceed:

1. Four hundred dollars for an application for an active license to practice psychology.

2. Two hundred dollars for an application for a temporary license to practice psychology.

3. Two hundred fifty dollars for reapplication for an active license.

4. Five hundred dollars for issuing an initial license. The board shall prorate this fee pursuant to subsection D of this section.

5. Fifty dollars for a duplicate license.

6. Five hundred dollars for biennial renewal of an active license.

7. Eighty-five dollars for biennial renewal of an inactive license.

8. Three hundred dollars for the reinstatement of an active or inactive license.

9. Three hundred fifty dollars for any additional examination.

10. Two hundred fifty dollars for delinquent compliance with continuing education requirements.

11. Five dollars for the sale of a duplicate renewal receipt.

12. Five dollars for the sale of a copy of the board's statutes and rules.

13. Two dollars for verification of a license.

14. Ten dollars for the sale of each audiotape of board meetings.

15. Five cents per name for the sale of computerized discs that contain the name of each licensee.

16. Twenty-five cents per name for the sale of computerized discs that contain the name and address of each licensee.

17. Thirty-five cents per name for the sale of customized computerized discs that contain additional licensee information that is not required by law to remain confidential.

18. Twenty-five cents per page for copying records, documents, letters, minutes, applications, files and policy statements. This fee includes postage.

B. The board may charge additional fees for services the board deems necessary and appropriate to carry out this chapter. These fees shall not exceed the actual cost of providing the service.

C. The board shall not refund fees except as provided in section 32-2073, subsection G. On special request and for good cause the board may return the license renewal fee.

D. The board shall prorate the fee for issuing an initial license by dividing the biennial renewal fee by twenty-four and multiplying that amount by the number of months that remain until the next biennial renewal date.

E. Subject to the requirements 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.
A.R.S. § 32-1978 — Arizona Code / Title 32 / Chapter 18 / Article 3 / Section 1978
32-1978 Sale of dextromethorphan; age requirement; exception; violation; civil penalty; definitions
Status: in_force

32-1978. Sale of dextromethorphan; age requirement; exception; violation; civil penalty; definitions

A. It is prohibited for:

1. Any commercial entity to knowingly or wilfully sell or trade a finished drug product containing any quantity of dextromethorphan to a person who is under eighteen years of age.

2. Any person who is under eighteen years of age to purchase a finished drug product containing any quantity of dextromethorphan.

3. Any person to possess, receive or distribute unfinished dextromethorphan, unless the person is registered pursuant to the federal food, drug, and cosmetic act or is appropriately licensed with the board.

B. A person making a retail sale of a finished drug product containing any quantity of dextromethorphan must require and obtain proof of age from the purchaser before completing the sale, unless the person making the sale reasonably presumes the purchaser to be at least twenty-five years of age based on the purchaser's outward appearance.

C. Subsection A of this section does not apply to common carriers that possess, receive or distribute unfinished dextromethorphan for purposes of distributing such unfinished dextromethorphan between persons that are registered under section 510 of the federal food, drug, and cosmetic act or that are appropriately licensed with the board.

D. This section does not impose any compliance requirement on a retail entity other than manually obtaining and verifying proof of age as a condition of sale, including placement of products in a specific place within a store, other restrictions on a consumer's direct access to finished drug products or the maintenance of transaction records.

E. A person who sells or trades a finished drug product containing any quantity of dextromethorphan to a person who is under eighteen years of age shall receive a warning for a first offense and shall pay a civil penalty of fifty dollars for a second offense, unless the person provides documentation that there is an employee training program in place.

F. This section does not apply to a medication containing dextromethorphan that is sold pursuant to a valid prescription.

G. For the purposes of this section:

1. "Common carrier" means any person that holds itself out to the general public as a provider for hire of the transportation of merchandise, whether or not the person actually operates the vehicle by which the transportation is provided within, to or from the United States.

2. "Finished drug product" means a drug that is legally marketed under the federal food, drug, and cosmetic act and that is in finished dosage form.

3. "Unfinished dextromethorphan" means dextromethorphan in any form, compound, mixture or preparation that is not a finished drug product.
A.R.S. § 32-3254 — Arizona Code / Title 32 / Chapter 33 / Article 1 / Section 3254
32-3254 Board of behavioral health examiners fund
Status: in_force

32-3254. Board of behavioral health examiners fund

(L24, Ch. 222, sec. 41.  Eff. until 7/1/28)

A. The board of behavioral health examiners fund is established. Pursuant to sections 35-146 and 35-147, the board shall deposit fifteen percent of all monies received by the board in the state general fund and deposit the remaining eighty-five percent in the board of behavioral health examiners fund.

B. All monies deposited in the board of behavioral health examiners fund are subject to section 35-143.01.
A.R.S. § 32-3021 — Arizona Code / Title 32 / Chapter 30 / Article 2 / Section 3021
32-3021 Private vocational program license; qualifications; provision of information; exemptions
Status: in_force

32-3021. Private vocational program license; qualifications; provision of information; exemptions

A. A person shall not operate a private vocational program unless the person holds a private vocational program license issued pursuant to this chapter. Each program offered by a private vocational program licensee shall be authorized on a private vocational program license. The board shall prescribe the manner in which the programs are identified on the license.

B. An applicant for a private vocational program license shall meet all of the following requirements:

1. Furnish a letter of credit, surety bond or cash deposit as provided in section 32-3023.

2. Make specific information concerning educational programs, including statements of purpose, objectives, course of study, policies, fees and other pertinent information, available to prospective students and the general public.

3. Be financially responsible and have management capability.

4. Maintain a qualified faculty.

5. Maintain facilities, equipment and materials that are appropriate for the stated program. All facilities shall meet applicable state and local health and safety laws.

6. Maintain appropriate records as the board prescribes that are properly safeguarded and preserved.

7. Use only advertisements that are consistent with the information made available as provided in paragraph 2 of this subsection.

8. Provide courses of instruction that meet stated objectives.

9. Provide a grievance procedure for students.

10. Comply with all federal and state laws relating to the operation of a private postsecondary educational institution.

11. Other requirements the board deems necessary.

C. An applicant for a private vocational program license shall submit evidence of meeting the requirements prescribed in subsection B of this section to the board. The board shall verify the evidence submitted. Verification shall include on-site verification.

D. The filing of an application grants the board the authority to obtain information from any of the following:

1. A licensing board or agency in any state, district, territory or county of the United States or any foreign country.

2. The Arizona criminal justice information system as defined in section 41-1750.

3. The federal bureau of investigation.

E. The board, on application, may issue a private vocational program license to a new educational institution as provided in this section, except that the board shall establish separate minimum standards for licensure requirements of new educational institutions. These minimum standards may include the modification of licensure requirements as provided in subsection B, paragraphs 3, 5, 6, 7 and 8 of this section to meet the circumstances of new educational institutions.  The board, on application, may issue a private vocational program license to an educational institution that is otherwise exempt under subsection F of this section. The board shall monitor the new educational institution to ensure compliance with the licensure requirements. The board shall issue a private vocational program license as provided in this subsection one time only to new educational institutions.

F. This section does not apply to any of the following:

1. A school licensed pursuant to chapter 5 of this title.

2. An instructional program or course sponsored by a bona fide trade association solely for its members.

3. Privately owned academic schools engaged in the process of general education that is designed to produce a level of development equivalent to that necessary to meet the requirements for entrance into a public community college or public university in this state and that may incidentally offer technical and vocational courses as part of the curriculum.

4. Schools or private instruction conducted by any person engaged in training, tutoring or teaching individuals or groups, if the instruction is related to hobbies, avocations, academic improvement or recreation and may only incidentally lead to gainful employment.

5. Schools conducted by any person solely for training the person's own employees.

6. An instructional program or course offered solely for employees and for the purpose of improving the employees in their employment if both of the following apply:

(a) The employee is not charged a fee.

(b) The employer provides or funds the program or course pursuant to a valid written contract between the employer and a program or course provider.

7. Training conducted pursuant to 14 Code of Federal Regulations part 141.

8. A school that solely provides an instructional program for certified nursing assistants and licensed nursing assistants and that is licensed by the nursing board pursuant to section 32-1606, subsection B, paragraph 11.

9. A professional driving training school licensed by the department of transportation pursuant to chapter 23, articles 1, 2 and 3 of this title.

10. A training program approved by the board of examiners of nursing care institution administrators and assisted living facility managers that solely provides training for managers and caregivers of assisted living facilities.

11. A yoga teacher training course or program or a yoga instructional course or program.

12. A private instructional program or course that is less than forty contact hours in length and that charges a fee of less than $1,000. For the purposes of this paragraph, "contact hour" means a fifty-minute session of scheduled in-class or online instruction.
A.R.S. § 32-1937 — Arizona Code / Title 32 / Chapter 18 / Article 2 / Section 1937
32-1937 Exceptions to continuing education requirements
Status: in_force

32-1937. Exceptions to continuing education requirements

A. The requirements of continuing professional pharmacy education provided in section 32-1936 do not apply to licensees beginning the date of initial licensure until the date of the first license renewal.

B. The board may make exceptions from the requirements of section 32-1936 in emergency or hardship cases or for good cause shown based on a written request for an exception from the requirements.

C. Pharmacists who are exempted from the requirements of continuing professional pharmacy education pursuant to subsection B of this section shall satisfactorily pass a written examination approved by the board for that purpose before license renewal.
A.R.S. § 32-3291 — Arizona Code / Title 32 / Chapter 33 / Article 5 / Section 3291
32-3291 Licensed baccalaureate social worker; licensure; qualifications; supervision
Status: in_force

32-3291. Licensed baccalaureate social worker; licensure; qualifications; supervision

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

1. Furnish documentation as prescribed by the board by rule that the person has earned a baccalaureate degree in social work from a regionally accredited college or university in a program accredited by the council on social work education or a degree from a foreign school based on a program of study that the board determines is substantially equivalent.

2. Pass an examination approved by the board.

B. A licensed baccalaureate social worker shall only engage in clinical practice under direct supervision as prescribed by the board.
A.R.S. § 32-2084 — Arizona Code / Title 32 / Chapter 19.1 / Article 3 / Section 2084
32-2084 Violations; classification
Status: in_force

32-2084. Violations; classification

A. It is a class 2 misdemeanor for a person not licensed pursuant to this chapter to engage in the practice of psychology.

B. It is a class 2 misdemeanor for any person to:

1. Secure a license to practice psychology pursuant to this chapter by fraud or deceit.

2. Impersonate a member of the board in order to issue a license to practice psychology.

C. It is a class 2 misdemeanor for a person not licensed pursuant to this chapter to:

1. Use the designation "psychology", "psychological" or "psychologist".

2. Use any combination of words, initials and symbols that leads the public to believe the person is licensed to practice psychology in this state.

D. It is a class 2 misdemeanor for a person not licensed or not exempt from licensure pursuant to this chapter to use the designation "psychotherapist" or other derivation of the root word "psycho".
A.R.S. § 32-3601 — Arizona Code / Title 32 / Chapter 36 / Article 1 / Section 3601
32-3601 Definitions
Status: in_force

32-3601. Definitions

In this chapter, unless the context otherwise requires:

1. "Appraisal" or "real estate appraisal" means a statement that is independently and impartially prepared by an individual setting forth an opinion as to the market value of real property as of a specific date and supported by the presentation and analysis of relevant market information.

2. "Appraisal assignment" means an engagement for which a real estate appraiser is employed or retained to act, or would be perceived by third parties or the public in acting, as a disinterested third party in rendering an unbiased analysis, opinion or conclusion relating to the nature, quality, value or utility of specified interests in or aspects of identified real estate.

3. "Appraisal foundation" means the appraisal foundation incorporated as an Illinois nonprofit corporation on November 30, 1987.

4. "Appraisal report" means any communication, written or oral, of an appraisal.

5. "Appraisal review" means the act of reviewing or the report that follows a review of an appraisal assignment or appraisal report in which a real estate appraiser forms an opinion as to the adequacy and appropriateness of the report being reviewed.

6. "Appraisal standards board" means the appraisal standards board appointed by the board of trustees of the appraisal foundation to develop, interpret and amend the uniform standards of professional appraisal practice.

7. "Appraisal subcommittee" means the subcommittee of the federal financial institutions examination council created pursuant to 12 United States Code section 3310 and chapter 34A, as amended.

8. "Appraiser qualifications board" means the appraiser qualifications board that is appointed by the board of trustees of the appraisal foundation to establish the minimum education, experience and examination requirements for real estate appraisers.

9. "Complex one to four residential units" means property that is atypical for the marketplace. Atypical factors may include architectural style, age of improvements, size of improvements, size of lot, neighborhood land use, potential environmental hazard liability, leasehold interests, limited readily available comparable sales data or other unusual factors.

10. "Course approval" means the act of the deputy director reviewing course materials to form an opinion as to the adequacy and appropriateness of the course for licensing pursuant to section 32-3613, certification pursuant to section 32-3614 and continuing education as prescribed in section 32-3625 in accordance with the appraiser qualifications board and this chapter.

11. "Department" means the department of insurance and financial institutions.

12. "Deputy director" means the deputy director of the financial institutions division of the department.

13. "Federal financial institutions examination council" means that agency of the federal government created pursuant to 12 United States Code chapters 34 and 34A, as amended.

14. "Federally related transaction" means any real estate related financial transaction that a federal financial institution's regulatory agency or the resolution trust corporation engages in, contracts for or regulates and that requires an appraisal.

15. "Property tax agent" means an individual who is designated by a person or is an employee of an entity designated as an agent pursuant to section 42-16001, who acts on behalf of a person who owns, controls or possesses property valued by a county assessor and who receives a fee for the analysis of any matter relating to the review of the valuation of the person's property before the assessor. Property tax agent does not include a person who is admitted to practice law in this state, an employee of the person owning, controlling or possessing the property or an employee of an entity designated pursuant to section 42-16001, if the employee is performing a secretarial, clerical or administrative support function.

16. "Real estate" means an identified parcel or tract of land, including improvements, if any.

17. "Real estate related financial transaction" means any transaction involving the sale of, lease of, purchase of, investment in or exchange of real property, including interests in property or the financing of property, the refinancing of real property or interests in real property and the use of real property or interests in property as security for a loan or investment, including mortgage-backed securities.

18. "Real property" means one or more defined interests, benefits and rights inherent in the ownership of real estate.

19. "Registered trainee appraiser" means a person who meets both of the following requirements:

(a) Is registered with the deputy director and meets the appraiser qualifications board's qualifications for trainee appraisers to perform appraisal services only under the direct supervision of a certified appraiser who has met the minimum criteria to be a supervisory appraiser.

(b) Accepts assignments only from the registered trainee appraiser's supervisory appraiser.

20. "Review appraiser" means a person who engages in the activity of reviewing and evaluating the appraisal work of others from the perspective of an appraiser, generally for compensation as a separate skill.  This includes the function of reviewing an appraisal report or a file memorandum setting forth the results of the review process.

21. "Standards of professional appraisal practice" means the uniform standards of professional appraisal practice promulgated by the appraisal standards board of the appraisal foundation.

22. "State-licensed or state-certified appraiser" means a person who develops and communicates appraisals and who holds a current, valid license or certificate issued under this chapter.

23. "Supervisory appraiser" means a state-certified appraiser who has a supervisory appraiser designation and who:

(a) Has been in good standing for the last three years in the jurisdiction in which the registered trainee appraiser practices.

(b) Has not been disciplined in a manner that affects the supervisory appraiser's eligibility to engage in appraisal practice in any jurisdiction in the last three years.

(c) Directly supervises registered trainee appraisers by doing the following:

(i) Accepting responsibility for an appraisal by signing and certifying that the appraisal complies with the uniform standards of professional appraisal practice.

(ii) Reviewing and signing all registered trainee appraiser reports.

24. "Value" means the monetary relationship between properties and those who buy, sell or use those properties.
A.R.S. § 32-2197.04 — Arizona Code / Title 32 / Chapter 20 / Article 9 / Section 2197.04
32-2197.04 Notification of material change
Status: in_force

32-2197.04. Notification of material change

A. The developer of a timeshare plan that is the subject of an outstanding timeshare public report shall immediately report to the department relevant details concerning any material change in the timeshare plan itself or in the program for marketing the timeshare interests.

B. On receipt of a written notice of a material change, the commissioner, if the commissioner determines such action to be necessary for the protection of purchasers, may suspend his approval of the sale or lease pending amendment of the public report.  For sales made after the material change and pending amendment of the public report, the commissioner may require the developer to fully disclose the change in a prepared supplement to the public report.  The supplement shall be delivered with the previously approved public report to all prospective purchasers until the new public report is issued.  The commissioner shall not require the developer to deliver the amended public report to or obtain a receipt from prior purchasers unless the commissioner specifically finds that the developer's disclosure of the changes was not an adequate disclosure.
A.R.S. § 32-3022 — Arizona Code / Title 32 / Chapter 30 / Article 2 / Section 3022
32-3022 License to grant degrees
Status: in_force

32-3022. License to grant degrees

A. A person doing business for profit or not for profit in this state, except a public community college or public university, shall not grant or offer to grant a degree to any person or operate an institution which grants or offers to grant a degree to any person unless the person doing business holds a license to grant degrees issued pursuant to this chapter. Each degree program offered by a holder of a license to grant degrees shall be authorized on the license. The board shall prescribe the manner in which the degrees, including level and subject area, shall be identified on the license.

B. An applicant for a license to grant degrees shall have each degree program it offers accredited or have institutional accreditation with an accrediting agency recognized by the United States department of education. The board shall prescribe appropriate evidence of accreditation which each applicant shall submit and the manner in which degree programs shall be identified for institutional accreditation.

C. Notwithstanding subsection B of this section, an applicant for a license to grant degrees who offers a degree program which is not accredited shall meet all of the following requirements:

1. Application or commitment to apply for accreditation with an accrediting agency recognized by the United States department of education. The board shall prescribe the manner in which the applicant shall demonstrate application or commitment to apply for accreditation and the time periods in which the various stages of accreditation shall be met.

2. Demonstration in the manner prescribed by the board, including on-site verification, that the applicant meets the requirements prescribed in section 32-3021, subsections B and C if the applicant has not met the requirements in its application for accreditation.

3. Demonstration in the manner prescribed by the board that the applicant who offers the degree provides actual instruction relating to each degree.

D. The board may, on application, issue a license to grant degrees to a new educational institution as provided in this section, except that the board shall establish separate minimum standards for licensure requirements of new educational institutions. The minimum standards may include the modification of licensure requirements as provided in section 32-3021, subsection B, paragraphs 3, 5, 6, 7 and 8 to meet the circumstances of new educational institutions. The board shall monitor the new educational institution to ensure compliance with the licensure requirements. The board shall issue a license to grant degrees as provided in this subsection one time only to new educational institutions.

E. This section does not apply to religious degrees which are used solely for religious purposes within a religious organization which has tax exempt status from the internal revenue service.
A.R.S. § 32-2217 — Arizona Code / Title 32 / Chapter 21 / Article 2 / Section 2217
32-2217 Employees of the state or political subdivisions; licensure
Status: in_force

32-2217. Employees of the state or political subdivisions; licensure

The board shall issue a license to any person who is not licensed by examination to practice veterinary medicine in this state and who is employed as a veterinarian by this state or any political subdivision. An applicant for a license under the terms of this section shall apply in writing to the board as required by section 32-2213 and shall meet the qualifications prescribed by section 32-2215 with the exception of section 32-2215, subsection A, paragraph  2. The holder of a license issued under the terms of this section shall engage only in such actions of the practice of veterinary medicine as authorized by the board, and acts of practice may not be performed for any person or firm other than this state or the political subdivision employing the licensee. The licensee is subject to the rules of the board and this chapter relating to unprofessional or dishonorable conduct. A license expires on December 31 of every even-numbered year unless suspended or revoked. A license is renewable for two years on payment of the renewal fee. The fee for issuance of the license shall be $5 in even-numbered years and $10 in odd-numbered years, and the biennial renewal fee shall be $10. The license shall be revoked on termination of employment of the licensee.
A.R.S. § 32-926 — Arizona Code / Title 32 / Chapter 8 / Article 2 / Section 926
32-926 Practice of chiropractic without license prohibited; exemptions
Status: in_force

32-926. Practice of chiropractic without license prohibited; exemptions

A. It is unlawful for a person to:

1. Practice chiropractic in this state without having first obtained a license as provided in this chapter.

2. Work as a chiropractic assistant except under the supervision of a doctor of chiropractic and pursuant to this chapter and rules adopted pursuant to this chapter.

3. Use the abbreviation "C.A." or the term "chiropractic assistant" unless the person is working under the supervision of a doctor of chiropractic pursuant to this chapter and rules adopted by the board.

4. Practice chiropractic in this state after the board places the person on inactive status pursuant to section 32-933.

B. This chapter does not prevent:

1. A person who is licensed by another state, territory or district from meeting within this state in consultation with a person licensed pursuant to this chapter if that person does not open an office or appoint a place of meeting to receive patients in this state.

2. Any person from acting at the direction and under the supervision of a doctor of chiropractic licensed pursuant to this chapter if that person is acting in an assistant or technical capacity, is not in violation of this chapter and does not claim to be licensed to practice chiropractic.

3. Any chiropractic student from participating in a preceptorship training program approved by the board.
A.R.S. § 32-1741 — Arizona Code / Title 32 / Chapter 16 / Article 3 / Section 1741
32-1741 Practicing optometry without a license prohibited
Status: in_force

32-1741. Practicing optometry without a license prohibited

It is unlawful for a person to practice the profession of optometry or to hold himself out to be or assume or attempt to act as a doctor of optometry without a valid license to practice the profession of optometry.
A.R.S. § 32-4252 — Arizona Code / Title 32 / Chapter 42 / Article 3 / Section 4252
32-4252 Use of title; restrictions; violation; classification
Status: in_force

32-4252. Use of title; restrictions; violation; classification

A. No person may claim to be a massage therapist or use any terms or references in any advertisement, statement or publication to suggest to the public that the person is a massage therapist unless that person is a massage therapist licensed pursuant to this chapter.

B. The board may adopt rules to implement this section including the identification of references that may be used only by persons licensed under this chapter or exempt from licensure under this chapter.

C. A person who is not licensed pursuant to this chapter shall not use any of these titles or abbreviations or any other abbreviation or other words, letters, signs or figures to indicate that the person using the title is licensed pursuant to this chapter.

D. An establishment or business that employs or contracts with persons who are licensed under this chapter shall not advertise on behalf of those persons unless the services are provided by or under the direct supervision of a person licensed pursuant to this chapter.

E. A person or entity that violates this section is guilty of a class 1 misdemeanor.
A.R.S. § 32-3426 — Arizona Code / Title 32 / Chapter 34 / Article 2 / Section 3426
32-3426 Renewal of license; inactive status; notice of address or name change
Status: in_force

32-3426. Renewal of license; inactive status; notice of address or name change

A. Except as provided in section 32-4301, a license issued under this chapter is subject to renewal every two years and expires unless renewed.  The board may reinstate an expired license if the licensee:

1. Complies with board rules for renewal of licenses.

2. Is not in violation of this chapter or board rules or orders.

3. Pays the fees prescribed pursuant to section 32-3427.

B. A licensee may request and the board may grant inactive status to a licensee who ceases to practice as an occupational therapist or occupational therapy assistant.

C. The board may establish by rule additional requirements for license renewal to require the successful completion of a prescribed number of hours of continuing education as a condition of licensure renewal.

D. A licensee must report to the board in writing a name change and any change in business or home address within thirty days after the change.