A.R.S. § 32-745 — Arizona Code / Title 32 / Chapter 6 / Article 3 / Section 745
32-745 Employment of persons by accountants
Status: in_force

32-745. Employment of persons by accountants

This chapter does not prevent a person from being employed by a certified public accountant or a firm of certified public accountants if the employed person does not sign reports or assume any responsibility for the conduct of the employer's professional practice.
A.R.S. § 32-933 — Arizona Code / Title 32 / Chapter 8 / Article 2 / Section 933
32-933 Inactive license; restrictions; reinstatement to active license
Status: in_force

32-933. Inactive license; restrictions; reinstatement to active license

A. On written request, the board shall place a licensee in good standing on inactive status.  The request shall state that the licensee is not currently engaged in the practice of chiropractic in this state.

B. If an inactive licensee applies to the board for reinstatement to active licensure within two years after the date the board issues a notice of inactive status, the inactive licensee shall submit the full annual license renewal fee and prove to the board's satisfaction that the licensee has met the continuing education requirements of section 32-931 and board rules relating to continuing education.

C. In addition to meeting the requirements of subsection B of this section, a licensee who has been on inactive status and who has not been actively engaged in the practice of chiropractic for more than two years must pass the national board of chiropractic examiners spec examination before reinstatement to active licensure.

D. A licensee who is on inactive status shall meet all of the requirements of section 32-923.

E. The practice of chiropractic in this state during any time that a license is on inactive status is grounds for sanction of the licensee.
A.R.S. § 32-3925 — Arizona Code / Title 32 / Chapter 39 / Article 2 / Section 3925
32-3925 Renewal of license; continuing education
Status: in_force

32-3925. Renewal of license; continuing education

A. Except as provided in section 32-4301, a license issued pursuant to this chapter is subject to renewal each year and expires unless renewed.

B. The executive director shall send a renewal application to each licensee at least sixty days before expiration of the license.

C. A licensee shall submit to the board on request documentation satisfactory to the board that the licensee has successfully completed at least fifteen hours of board-approved continuing education each year.

D. On compliance with board requirements for the renewal of licenses, the board may reinstate a license canceled for failure to renew.
A.R.S. § 32-2804 — Arizona Code / Title 32 / Chapter 28 / Article 1 / Section 2804
32-2804 School approval; standards; considerations
Status: in_force

32-2804. School approval; standards; considerations

A. The department may approve a school of radiologic technology as maintaining a satisfactory standard if its course of study:

1. Is for a period of at least twenty-four months of full-time study or its equivalent and is accredited by the committee on allied health accreditation or meets or exceeds the standards of this chapter.

2. Includes at least four hundred hours of classroom work, including radiation protection, x-ray physics, radiographic techniques, processing techniques, nursing procedures, anatomy and physiology, radiographic positioning, radiation therapy and professional ethics.

3. Includes at least one thousand eight hundred hours devoted to clinical experience.

4. Includes demonstrations, discussions, seminars and supervised practice.

5. Includes at least eighty hours of regularly scheduled supervised film critiques.

B. An approved school of radiologic technology may be operated by a medical or educational institution or other public or private agency or institution and, for the purpose of providing the requisite clinical experience, shall be affiliated with one or more hospitals that the department determines are likely to provide this experience.

C. In approving a school of radiologic technology, the department shall consider the standards adopted by appropriate professional organizations, including the joint review committee on education in radiologic technology, and may accept the certification of a school of radiologic technology or the accreditation of a hospital to provide requisite clinical experience if the department finds that certification or accreditation was granted on the basis of standards that will afford the same protection to the public as the standards provided by this chapter.
A.R.S. § 32-803 — Arizona Code / Title 32 / Chapter 7 / Article 1 / Section 803
32-803 Organization; meetings
Status: in_force

32-803. Organization; meetings

A. The board shall annually elect from its membership a president and a secretary at the annual meeting which shall be held in January.

B. The board shall meet at least twice each year at such times and places as it determines. Special meetings may be called by the president or any three members.
A.R.S. § 32-2443 — Arizona Code / Title 32 / Chapter 24 / Article 3 / Section 2443
32-2443 Employee identification card required; denial
Status: in_force

32-2443. Employee identification card required; denial

A. Each employee of an agency licensed under this chapter shall obtain an identification card, except those employees engaged exclusively in clerical and office work.

B. The department may issue an identification card to an applicant who, on initial application for a registration certificate, complies with the application requirements of section 32-2442, subsection D and who on the face of the application appears to meet the requirements of section 32-2441. On completion of the investigation of the applicant's qualifications, the department may deny the applicant's registration as prescribed in section 32-2459.

C. On termination of a registered employee from a licensed agency, the employee shall immediately surrender the identification card to the agency's qualifying party or designee. The qualifying party or designee shall forward the registrant's identification card to the department within five business days of receipt. If the employee fails or refuses to surrender the card to the qualifying party or designee, the qualifying party or designee shall notify the director within five business days of the termination of the employment with the licensee.
A.R.S. § 32-2407 — Arizona Code / Title 32 / Chapter 24 / Article 1 / Section 2407
32-2407 Fees; renewal of agency licenses and associate or employee registration certificates
Status: in_force

32-2407. Fees; renewal of agency licenses and associate or employee registration certificates

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

B. Except as provided in section 32-4301, the director may renew an agency license or a registration certificate granted under this chapter after receiving an application on such forms as the department prescribes and receiving the fees prescribed pursuant to subsection A of this section. The renewal of an agency license requires the filing of a surety bond as prescribed in section 32-2423, subsections B and C.  A licensee or registrant may not engage in any activity subject to this chapter during any period between the date of expiration of the agency license or registration certificate and the renewal of the agency license or registration certificate.

C. The department shall renew a suspended agency license or registration certificate as provided in this article. Renewal of the agency license or registration certificate does not entitle the licensee or registrant, while the agency license or registration certificate remains suspended and until it is reinstated, to engage in any activity regulated by this chapter, or in any other activity or conduct in violation of the order or judgment by which the agency license or registration certificate was suspended.

D. The director shall not reinstate a revoked agency license or registration certificate. The director shall not accept an application for an agency license or registration certificate from a person whose agency license or registration certificate has been revoked until at least one year after the date of revocation.
A.R.S. § 32-2194.23 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.23
32-2194.23 Nonapplication of law against perpetuities
Status: in_force

32-2194.23. Nonapplication of law against perpetuities

Dedication to cemetery purposes pursuant to this chapter is not invalid as violating any laws against perpetuities, but is expressly permitted and shall be deemed to be in respect for the dead, a provision for the interment of human remains, and a duty to, and for the benefit of, the general public.
A.R.S. § 32-2117 — Arizona Code / Title 32 / Chapter 20 / Article 1 / Section 2117
32-2117 Earth fissure maps; posting; immunity
Status: in_force

32-2117. Earth fissure maps; posting; immunity

A. On receipt of maps from the Arizona geological survey, the state real estate department shall provide any earth fissure map to any member of the public in printed or electronic format on request and provide access on its website to the earth fissure maps prepared by the Arizona geological survey pursuant to section 27-106, subsection A, paragraph 3.  The following notice shall be displayed below each map:

Notice

The state of Arizona has made a reasonable effort to ensure the accuracy of this map when it was produced, but errors may be present and the state of Arizona does not guarantee its accuracy.  The map supplements, and is not a substitute for, a professional inspection of property for defects and conditions.

B. This section does not deny a person rights guaranteed by the Arizona Constitution, and notwithstanding any other law, a subdivider, owner or licensee is not liable to any person or governmental entity for any act or failure to act in connection with:

1. The disclosure of real estate subject to earth fissures if the subdivider, owner or licensee provides a written disclosure or includes notice in a public report, issued pursuant to section 32-2183 or 32-2195.03, with respect to real estate subject to earth fissures, of the map and website described in subsection A of this section. The written disclosure or notice in a public report, issued pursuant to section 32-2183 or 32-2195.03, of the map and website does not create an independent cause of action.

2. Any disclosure that occurred before the date the map described in subsection A of this section is posted on the website if the subdivider, owner or licensee had no actual knowledge that the land was subject to earth fissures before the map was posted.
A.R.S. § 32-2425 — Arizona Code / Title 32 / Chapter 24 / Article 2 / Section 2425
32-2425 Issuance of agency license and identification card; deadline for completing application; transfer of license prohibited
Status: in_force

32-2425. Issuance of agency license and identification card; deadline for completing application; transfer of license prohibited

A. The department shall issue an agency license to any applicant that complies with this chapter. Each agency license shall contain the name and address of the licensee and the number of the agency license and shall be issued for a period of four years.

B. On the issuance of an agency license, an identification card described in section 32-2461 shall be issued without charge to the licensee if an individual, or if the licensee is other than an individual, to the licensee's qualifying party, and to each of the licensee's associates and directors.  The identification card is evidence that the licensee is duly licensed pursuant to this chapter. If a person to whom the card of a licensee other than an individual is issued terminates the person's position, office or association with the licensee, the person shall surrender the identification card to the licensee and within five business days the licensee shall mail or deliver the identification card to the director for cancellation. If the person fails or refuses to surrender the identification card to the licensee, the licensee shall notify the director within five business days of the termination of the person's position, office or association with the licensee.

C. On notification by the department to an applicant that the agency license is ready for issuance, the applicant shall complete the application process within ninety calendar days. Failure to complete the process shall result in the application being cancelled and all fees shall be forfeited by the applicant. Subsequent application by the same applicant requires the payment of all application and license fees prescribed pursuant to section 32-2407.

D. A licensee shall notify the director in writing within thirty calendar days of any change in the name or address of the licensee's business and of any change of associates.

E. All new associates shall submit applications on forms prescribed by the director.

F. An agency license issued under this chapter is not transferable or assignable.
A.R.S. § 32-2422 — Arizona Code / Title 32 / Chapter 24 / Article 2 / Section 2422
32-2422 Qualification of applicant for agency license; substantiation of work experience
Status: in_force

32-2422. Qualification of applicant for agency license; substantiation of work experience

A. An applicant as a qualifying party for an agency license under this chapter shall:

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

2. Be a citizen or legal resident of the United States who is authorized to seek employment in the United States.

3. Not have been convicted of any felony or currently be under indictment for a felony.

4. Within the five years immediately preceding the application for an agency license, not have been convicted of any misdemeanor act involving:

(a) Personal violence or force against another person or threatening to commit any act of personal violence or force against another person.

(b) Misconduct involving a deadly weapon as provided in section 13-3102.

(c) Dishonesty or fraud.

(d) Arson.

(e) Theft.

(f) Domestic violence.

(g) A violation of title 13, chapter 34 or 34.1 or an offense that has the same elements as an offense listed in title 13, chapter 34 or 34.1.

(h) Sexual misconduct.

5. Not be on parole, on community supervision, on work furlough, on home arrest, on release on any other basis or named in an outstanding arrest warrant.

6. Not be serving a term of probation pursuant to a conviction for any act of personal violence or domestic violence, as defined in section 13-3601, or an offense that has the same elements as an offense listed in section 13-3601.

7. Not be either of the following:

(a) Adjudicated mentally incompetent.

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

8. Not have a disability as defined in section 41-1461, unless that person is a qualified individual as defined in section 41-1461.

9. Not have been convicted of acting or attempting to act as a private investigation agency or a private investigator without a license if a license was required.

10. Have had a minimum of three years of full-time investigative experience or the equivalent of three years of full-time investigative experience that consists of actual work performed as an investigator for a private concern, for the federal government or for a state, county or municipal government.

11. Not be a registered sex offender.

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

C. Applicants for an agency license shall substantiate investigative work experience claimed as years of qualifying experience and provide the exact details as to the character and nature of the experience on a form prescribed by the department and certified by the employers. On written request, an employer shall submit to the employee a written certification of prior work experience within thirty days. The written certification is subject to independent verification by the director. If an employer goes out of business, the employer shall provide all employees with a complete and accurate record of their work history. If applicants are unable to supply written certification from an employer in whole or in part, applicants may offer written certification from persons other than an employer covering the same subject matter for consideration by the department. The burden of proving the minimum years of experience is on the applicant.

D. The department may deny an agency license if the department determines that the applicant does not meet the requirements of this section.
A.R.S. § 32-3621 — Arizona Code / Title 32 / Chapter 36 / Article 2 / Section 3621
32-3621 Addresses; telephone numbers; email addresses; notification of change
Status: in_force

32-3621. Addresses; telephone numbers; email addresses; notification of change

A. Each registered trainee appraiser or state-licensed or state-certified appraiser shall advise the deputy director of the address of the person's principal place of business and all other addresses at which the person is currently engaged in the business of preparing real property appraisal reports.

B. Every registered trainee appraiser or state-licensed or state-certified appraiser shall notify the deputy director of the person's current residence address. Residence addresses on file with the deputy director are exempt from disclosure as public records.

C. Every registered trainee appraiser or state-licensed or state-certified appraiser shall provide the person's email address if one exists and a daytime telephone number to the deputy director.

D. If a registered trainee appraiser or a state-licensed or state-certified appraiser changes the person's place of business or residence, email address or daytime telephone number, the person shall give the deputy director written notification of the change within ten days after the change.
A.R.S. § 32-1979 — Arizona Code / Title 32 / Chapter 18 / Article 3 / Section 1979
32-1979 Pharmacists; dispensing opioid antagonists; immunity
Status: in_force

32-1979. Pharmacists; dispensing opioid antagonists; immunity

A. A pharmacist may dispense, pursuant to a standing order issued pursuant to section 36-2266, naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration for a person who is at risk of experiencing an opioid-related overdose or to a family member or community member who is in a position to assist that person.

B. A pharmacist who dispenses naloxone hydrochloride or any other opioid antagonist pursuant to subsection A of this section shall instruct the individual to whom the opioid antagonist is dispensed to summon emergency services as soon as practicable after administering the opioid antagonist.

C. This section does not affect the authority of a pharmacist to fill or refill a prescription for naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration.

D. A pharmacist who dispenses an opioid antagonist pursuant to this section is immune from professional liability and criminal prosecution for any decision made, act or omission or injury that results from that act if the pharmacist acts with reasonable care and in good faith, except in cases of wanton or wilful neglect.
A.R.S. § 32-3922 — Arizona Code / Title 32 / Chapter 39 / Article 2 / Section 3922
32-3922 Acupuncture detoxification specialist for chemical dependency or trauma; certificate; requirements; fingerprint clearance card; informed consent; definition
Status: in_force

32-3922. Acupuncture detoxification specialist for chemical dependency or trauma; certificate; requirements; fingerprint clearance card; informed consent; definition

A. The board may issue an acupuncture detoxification specialist certificate to a person who practices auricular acupuncture for the purpose of treating alcoholism, substance abuse, trauma or chemical dependency if the person does all of the following:

1. Provides documentation of successfully completing a board-approved training program in acupuncture for treating alcoholism, substance abuse, trauma or chemical dependency that meets or exceeds standards of training established by the national acupuncture detoxification association or a board-approved group.

2. Provides documentation satisfactory to the board of successfully completing a board-approved clean needle technique course.

3. Submits an application as prescribed by the board and a fee prescribed by section 32-3927.

4. Discloses in an application for initial certification or recertification all other active and past professional health care licenses and certificates issued to the applicant in this state or by another state, district or territory of the United States.

B. Beginning January 1, 2023, an applicant for initial certification or recertification pursuant to this section shall possess a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.

C. A certificate issued pursuant to this section allows the certificate holder to practice auricular acupuncture under the supervision of a person who is licensed pursuant to this chapter.

D. A certificate issued pursuant to this section is valid for one year. The certificate may be renewed by the board if the certificate holder submits an application as prescribed by the board and a fee prescribed by section 32-3927 before the certificate expires.

E. Before treating a patient, an auricular acupuncturist shall obtain from the patient a signed informed consent that has been approved by the board.

F. For the purposes of this section, "auricular acupuncture" means applying acupuncture needles to the pinna, lobe or auditory meatus to treat alcoholism, substance abuse, trauma or chemical dependency.
A.R.S. § 32-1721 — Arizona Code / Title 32 / Chapter 16 / Article 2 / Section 1721
32-1721 Persons and acts not affected by this chapter
Status: in_force

32-1721. Persons and acts not affected by this chapter

This chapter does not apply to:

1. Physicians and surgeons duly licensed to practice medicine and surgery in this state, if they are practicing lawfully.

2. Dispensing opticians duly licensed to practice, if they are practicing lawfully in accordance with the provisions of section 32-1671.

3. The sale of complete ready-to-wear eyeglasses as merchandise from a permanently established place of business.

4. A licensed or unlicensed individual performing duties delegated under the authority of a licensee.
A.R.S. § 32-3253 — Arizona Code / Title 32 / Chapter 33 / Article 1 / Section 3253
32-3253 Powers and duties; committee on executive director selection and retention
Status: in_force

32-3253. Powers and duties; committee on executive director selection and retention

A. The board shall:

1. Adopt rules consistent with and necessary or proper to carry out the purposes of this chapter.

2. Administer and enforce this chapter, rules adopted pursuant to this chapter and orders of the board.

3. Issue a license by examination, endorsement or temporary recognition to, and renew the license of, each person who is qualified to be licensed pursuant to this chapter.  The board must issue or deny a license within one hundred eighty days after the applicant submits a completed application.

4. Establish fees by rule, except that the board is exempt from the rulemaking requirements of title 41, chapter 6 for the purposes of reducing or eliminating fees.

5. Collect fees and spend monies.

6. Keep a record of all persons who are licensed pursuant to this chapter, actions taken on all applications for licensure, actions involving renewal, suspension, revocation or denial of a license or probation of licensees and the receipt and disbursal of monies.

7. Adopt an official seal for attestation of licensure and other official papers and documents.

8. Conduct investigations and determine on its own motion whether a licensee or an applicant has engaged in unprofessional conduct, is incompetent or is mentally or physically unable to engage in the practice of behavioral health.

9. Conduct disciplinary actions pursuant to this chapter and board rules.

10. Establish and enforce standards or criteria of programs or other mechanisms to ensure the continuing competence of licensees.

11. Establish and enforce compliance with professional standards and rules of conduct for licensees.

12. Engage in a full exchange of information with the licensing and disciplinary boards and professional associations for behavioral health professionals in this state and other jurisdictions.

13. Subject to section 35-149, accept, expend and account for gifts, grants, devises and other contributions, money or property from any public or private source, including the federal government. Monies received under this paragraph shall be deposited, pursuant to sections 35-146 and 35-147, in special funds for the purpose specified, which are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

14. Adopt rules regarding the application for and approval of educational curricula of regionally accredited colleges or universities with a program not otherwise accredited by an organization or entity recognized by the board that are consistent with the requirements of this chapter and maintain a list of those programs.  Approvals are valid for a period of five years if no changes of curricula are made that are inconsistent with the requirements of this chapter or board rule.

15. Maintain a registry of licensees who have met the educational requirements to provide supervision as required pursuant to this chapter to applicants in the same profession.

16. Adopt rules to allow approval of persons who wish to provide supervision pursuant to this chapter and who are not licensed by the board and who are licensed in a profession other than the profession in which the applicant is seeking licensure.

17. Recognize not more than four hundred hours of psychoeducation for work experience required pursuant to sections 32-3293, 32-3301, 32-3311 and 32-3321.

18. Adopt rules regarding the use of telehealth.

19. If an applicant is required to pass an examination for licensure, allow the applicant to take the examination three times during a twelve-month period.

B. The board may join professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of behavioral health, protect the health and welfare of the public or assist and facilitate the work of the board.

C. The board may enter into stipulated agreements with a licensee for the confidential treatment, rehabilitation and monitoring of chemical dependency or psychiatric, psychological or behavioral health disorders in a program provided pursuant to subsection D of this section.  A licensee who materially fails to comply with a program shall be terminated from the confidential program.  Any records of the licensee who is terminated from a confidential program are no longer confidential or exempt from the public records law, notwithstanding any law to the contrary.  Stipulated agreements are not public records if the following conditions are met:

1. The licensee voluntarily agrees to participate in the confidential program.

2. The licensee complies with all treatment requirements or recommendations, including participation in approved programs.

3. The licensee refrains from professional practice until the return to practice has been approved by the treatment program and the board.

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

5. The licensee's professional employer is notified of the licensee's chemical dependency or medical, psychiatric, psychological or behavioral health disorders and participation in the confidential program and is provided a copy of the stipulated agreement.

D. The board shall establish a confidential program for the monitoring of licensees who are chemically dependent or who have psychiatric, psychological or behavioral health disorders that may impact their ability to safely practice and who enroll in a rehabilitation program that meets the criteria prescribed by the board.  The licensee is responsible for the costs associated with rehabilitative services and monitoring.  The board may take further action if a licensee refuses to enter into a stipulated agreement or fails to comply with the terms of a stipulated agreement.  In order to protect the public health and safety, the confidentiality requirements of this subsection do not apply if a licensee does not comply with the stipulated agreement.

E. The board shall audio record all meetings and maintain all audio and video recordings or stenographic records of interviews and meetings for a period of three years from when the record was created.

F. The committee on executive director selection and retention is established consisting of the members of the board of behavioral health examiners and the chairperson and vice chairperson of the board of massage therapy. The committee is a public body and is subject to the requirements of title 38, chapter 3, article 3.1. The committee is responsible for appointing the executive director pursuant to section 32-3255.  All members of the committee are voting members.  The committee shall elect a chairperson and a vice chairperson.  The chairperson shall call meetings of the committee as necessary and, if the chairperson is not available, the vice chairperson may call meetings of the committee as necessary. The committee meetings may be held using communications equipment that allows all members who are participating in the meeting to hear each other.  If any discussions occur in an executive session of the committee, notwithstanding the requirement that discussions made at an executive session be kept confidential as specified in section 38-431.03, the chairperson and vice chairperson of the board of massage therapy may discuss this information with the members of the board of massage therapy in executive session.  This disclosure of executive session information to the members of the board of massage therapy does not constitute a waiver of confidentiality or any privilege, including the attorney-client privilege.
A.R.S. § 32-542 — Arizona Code / Title 32 / Chapter 5 / Article 4 / Section 542
32-542 Establishment inspections
Status: in_force

32-542. Establishment inspections

The board shall inspect establishments on a regular basis as it deems necessary.
A.R.S. § 32-1166 — Arizona Code / Title 32 / Chapter 10 / Article 3 / Section 1166
32-1166 Cease and desist orders
Status: in_force

32-1166. Cease and desist orders

A. The registrar may issue a cease and desist order to any person who is required to be licensed by this chapter but who is not licensed and who engaged in an act of contracting, a practice or a transaction that violates this chapter, a rule adopted by the registrar or an order issued by the registrar.

B. The cease and desist order may require the person to immediately cease and desist from engaging in an act, practice or transaction on receipt of the order.

C. Service of the cease and desist order is fully effected by personal service or by mailing a true copy of the cease and desist order by certified mail in a sealed envelope, with postage prepaid, addressed to either:

1. The person's last known business address.

2. The person's residential address.
A.R.S. § 32-1403.01 — Arizona Code / Title 32 / Chapter 13 / Article 1 / Section 1403.01
32-1403.01 Licensees; profiles; required information; updates; civil penalty
Status: in_force

32-1403.01. Licensees; profiles; required information; updates; civil penalty

A. The board shall make available to the public a profile of each licensee. The board shall make this information available through an internet website and, if requested, in writing.  The profile available to the public may not contain any information received from the federal bureau of investigation relating to a federal criminal records check. The profile shall contain the following information:

1. A description of any conviction of a felony.  For purposes of this paragraph, a licensee is deemed to be convicted if the licensee pled guilty, pled no contest or was found guilty by a court of competent jurisdiction.

2. A description of any conviction of a misdemeanor involving moral turpitude that results in disciplinary action. For purposes of this paragraph, a licensee is deemed to be convicted if the licensee pled guilty, pled no contest or was found guilty by a court of competent jurisdiction.

3. All final board disciplinary actions.

4. Any medical malpractice court judgments and any medical malpractice awards or settlements in which a payment is made to a complaining party that results in disciplinary action.

5. The name and location of the licensee's medical school and the date of graduation.

6. The name and location of the institution from which the licensee received graduate medical education and the date that education was completed.

7. The licensee's primary practice location.

B. Each licensee shall submit the information required pursuant to subsection A of this section each year as directed by the board. An applicant for licensure shall submit this information at the time of application. The applicant and licensee shall submit the information on a form prescribed by the board. A licensee shall submit immediately any changes in information required pursuant to subsection A, paragraphs 1, 2 and 4 of this section.  The board shall update immediately its internet website to reflect changes in information relating to subsection A, paragraphs 1 through 4 of this section. The board shall update the internet website information at least annually.

C. The board shall provide each licensee with the licensee's profile on request and shall make valid and verifiable corrections to the profile on notification at any time by the licensee.  A change made by a licensee to an address or telephone number is subject to the requirements of section 32-1435.

D. It is an act of unprofessional conduct for a licensee to provide erroneous information pursuant to this section. In addition to other disciplinary action, the board may impose a civil penalty of not more than one thousand dollars for each erroneous statement.

E. If the board issues a nondisciplinary order or action against a licensee, the record of the nondisciplinary order or action is available to the public but may not appear on the board's website, except that a practice limitation or restriction, and documentation relating to that action, may appear on the board's website.  On request, the board shall send within five business days, either electronically or by mail, information relating to any nondisciplinary order or action against a licensee to a person requesting the information.
A.R.S. § 32-1604 — Arizona Code / Title 32 / Chapter 15 / Article 1 / Section 1604
32-1604 Compensation
Status: in_force

32-1604. Compensation

Members of the board are eligible to receive compensation not to exceed two hundred dollars per day for each day spent in the discharge of their duties and all expenses necessarily and properly incurred in attending meetings.
A.R.S. § 32-2916 — Arizona Code / Title 32 / Chapter 29 / Article 2 / Section 2916
32-2916 Directory; change of address; civil penalty; fees
Status: in_force

32-2916. Directory; change of address; civil penalty; fees

A. The board may publish an annual directory containing the following:

1. The names and addresses of the officers and members of the board.

2. The names and addresses of all persons who are certified, licensed or registered by the board.

3. The current certified board rules.

4. A copy of this chapter.

5. A list of approved postgraduate and continuing education courses in the treatment modalities pertinent to the practice of homeopathic medicine.

6. A list of approved schools of medicine and approved training programs.

7. Additional information that the board determines is of interest and importance to licensees.

B. Each licensee shall inform the board in writing of the licensee's home address, personal email address, home telephone number, office address, work email address and office telephone number as requested by the board and within forty-five days after a change in any of this information. The board shall keep a licensee's home address and home telephone number confidential. The board may assess a licensee who fails to comply with this subsection with the board's costs to locate the licensee.  The board may also impose a civil penalty on that licensee of not more than $100.

C. The board shall provide each licensee with one copy of the directory free of charge. The board may provide additional copies to the public and licensee for a cost of not more than $25 for each directory.

D. The board shall deposit, pursuant to sections 35-146 and 35-147, monies collected under this section in the board of homeopathic and integrated medicine examiners' fund.
A.R.S. § 32-1268 — Arizona Code / Title 32 / Chapter 11 / Article 3 / Section 1268
32-1268 Violations; classification; required proof
Status: in_force

32-1268. Violations; classification; required proof

A. A person is guilty of a class 2 misdemeanor who:

1. Employs, contracts with, or by any means procures the assistance of, or association with, for the purpose of practicing dentistry, a person not having a valid license therefor.

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

3. Violates any provision of this chapter for which the penalty is not specifically prescribed.

B. In a prosecution or hearing under this chapter, it is necessary to prove only a single act of violation and not a general course of conduct, and where the violation is continued over a period of one or more days each day constitutes a separate violation subject to the penalties prescribed in this chapter.
A.R.S. § 32-1639.03 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1639.03
32-1639.03 Qualifications of military service applicants; definition
Status: in_force

32-1639.03. Qualifications of military service applicants; definition

A. The board shall issue a license to practice as a practical nurse to an applicant who does not meet the requirements of section 32-1637, paragraph 1, relating to graduation from a board approved program, if the applicant otherwise meets all of the following requirements:

1. Submits an application required by section 32-1637 and a verified statement that indicates whether the applicant has been convicted of a felony and, if convicted of one or more felonies, indicates the date of absolute discharge from the sentences for all felony convictions.

2. Passes the examination prescribed by section 32-1638.

3. Answers questions related to whether the person is currently under investigation by another health care related board and whether any disciplinary action has been taken by any jurisdiction related to health professions.

4. Has completed a military program of basic medical training and was awarded a military occupational specialty and performed in that occupational specialty at a level that is substantially equivalent to the academic requirements for a license to practice as a practical nurse or completed any clinical education equivalency or bridge courses determined by the board to be necessary to obtain equivalency.

5. Engaged in the active practice of practical nursing for at least two of the five years before the date of filing the application. An applicant's relevant military service experience in the discharge of the applicant's official duties must be credited in the calculation of the number of years the applicant has practiced as a practical nurse for the purposes of this paragraph.

6. Has not committed an act in any jurisdiction that constitutes grounds for refusal, suspension or revocation of a license to practice as a practical nurse in this state.

7. Has paid any fees required by the board.

B. The board may consider the recommendations in the guide to the evaluation of educational experiences in the armed services published by the American council on education or the council's successor organization when determining if the applicant substantially meets the academic requirements for a license to practice as a practical nurse.

C. The board may issue a temporary license to practice as a licensed practical nurse to an applicant who meets the qualifications in subsection A of this section and as prescribed by the board by rule.  The applicant may practice under a temporary license until any of the following occurs:

1. The applicant's license is granted or denied by the board.

2. The temporary license expires pursuant to section 32-1640, subsection B.

3. The applicant fails to comply with the terms of the temporary license.

D. This section does not prohibit a military service applicant from applying for a license to practice as a practical nurse as otherwise prescribed in this article.

E. For the purposes of this section, "military service" means service as an active member of any of the following:

1. The armed forces of the United States.

2. A reserve component of the armed forces of the United States.

3. The national guard.
A.R.S. § 32-3631 — Arizona Code / Title 32 / Chapter 36 / Article 3 / Section 3631
32-3631 Disciplinary proceedings; civil penalties
Status: in_force

32-3631. Disciplinary proceedings; civil penalties

A. The rights of an applicant or holder under a license or certificate as a registered trainee appraiser or a state-licensed or state-certified appraiser may be revoked or suspended, or the holder of the license or certificate may otherwise be disciplined, including being placed on probation as prescribed by rule, in accordance with this chapter on any of the grounds set forth in this section. The deputy director may investigate the actions of a registered trainee appraiser or a state-licensed or state-certified appraiser in this state or in any other state and may revoke or suspend the rights of a license or certificate holder or otherwise discipline a registered trainee appraiser or a state-licensed or state-certified appraiser for any of the following acts or omissions:

1. Procuring or attempting to procure a license or certificate pursuant to this chapter by knowingly making a false statement, submitting false information, refusing to provide complete information in response to a question in an application for a license or certificate or committing any form of fraud or misrepresentation.

2. Failing to meet the minimum qualifications established by this chapter.

3. Paying or offering to pay money or other considerations other than as provided by this chapter to any member or employee of the department to procure a license or certificate under this chapter.

4. Being convicted, including based on a plea of guilty, of a crime that is substantially related to the qualifications, functions and duties of a person developing appraisals and communicating appraisals to others, or being convicted of any felony or any crime involving moral turpitude.

5. Committing an act or omission involving dishonesty, fraud or misrepresentation with the intent to substantially benefit the license or certificate holder or another person or with the intent to substantially injure another person.

6. Violating any of the standards of the development or communication of appraisals as provided in this chapter.

7. Being negligent or incompetent as a state-licensed or state-certified appraiser in developing an appraisal, in preparing an appraisal report or in communicating an appraisal.

8. Wilfully disregarding or violating any provisions of this chapter or an order or rule of the deputy director for the administration and enforcement of this chapter.

9. Accepting an appraisal assignment if the employment itself is contingent on the appraiser reporting a predetermined estimate, analysis or opinion or if the fee to be paid is contingent on the opinion, conclusion or value reached or on the consequences resulting from the appraisal assignment.

10. Violating the confidential nature of any records to which the registered trainee appraiser or the state-licensed or state-certified appraiser gains access through employment or engagement as a registered trainee appraiser or an appraiser.

11. Having a final civil judgment entered against the person on grounds of fraud, misrepresentation or deceit in the making of any appraisal.

B. In a disciplinary proceeding based on a civil judgment, a registered trainee appraiser or state-licensed or state-certified appraiser may present matters in mitigation and extenuation.

C. The deputy director may issue subpoenas for the attendance of witnesses and the production of books, records, documents and other evidence necessary and relevant to an investigation or hearing.

D. The lapsing or suspension of a license or certificate by operation of law or by an order or decision of the deputy director or a court of law, or the voluntary surrender of a license or certificate by a license or certificate holder, shall not deprive the deputy director of jurisdiction to do either of the following within twenty-four months after the expiration of the license or certificate pursuant to section 32-3616:

1. Proceed with any investigation of or action or disciplinary proceeding against the license or certificate holder.

2. Render a decision suspending or revoking the license or certificate or denying the renewal or right of renewal of the license or certificate.

E. If the deputy director determines that a state-licensed or state-certified appraiser is in violation of this chapter, the deputy director may take disciplinary or remedial action and may impose a civil penalty not to exceed $3,000 per complaint filed with the deputy director pursuant to this chapter. All civil penalties collected pursuant to this subsection shall be deposited in the department revolving fund established by section 6-135.
A.R.S. § 32-2506; Version 2 — Arizona Code / Title 32 / Chapter 25 / Article 1 / Section 2506; Version 2
32-2506; Version 2 Arizona medical board fund
Status: in_force

32-2506. Arizona medical board fund

(L24, Ch. 222, sec. 36.  Eff. 7/1/28)

A. Pursuant to sections 35-146 and 35-147, the board shall deposit ten percent of all monies collected pursuant to this chapter in the state general fund and deposit the remaining ninety percent in the Arizona medical board fund.

B. Monies deposited in the fund pursuant to this section are subject to section 35-143.01.
A.R.S. § 32-1746 — Arizona Code / Title 32 / Chapter 16 / Article 3 / Section 1746
32-1746 Records; maintenance; confidentiality
Status: in_force

32-1746. Records; maintenance; confidentiality

A. A licensee must allow the board to inspect patient records during normal business hours.  Before a licensee may change the location of patient records, the licensee must file a signed statement with the board that discloses the new address where the licensee will maintain the records.

B. All patient records, examination materials, records of examination grading and performance and transcripts of educational institutions concerning applicants and licensees are confidential and are not public records.
A.R.S. § 32-2183.01 — Arizona Code / Title 32 / Chapter 20 / Article 4 / Section 2183.01
32-2183.01 Advertising material; contents; order prohibiting use; costs of investigation; drawings or contests
Status: in_force

32-2183.01. Advertising material; contents; order prohibiting use; costs of investigation; drawings or contests

A. Within ten days after request by the commissioner, the subdivider shall file with the commissioner a copy of any advertising material used in connection with sales of the subdivided lands.

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

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

2. Any statement or representation that the lot or parcels are offered without risk or that loss is impossible.

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

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

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

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

C. All advertising and sales literature shall be consistent with the information contained in the notice of intention pursuant to section 32-2181 and the public report pursuant to section 32-2183. The subdivider shall retain and have available for department review copies of all advertising materials used in marketing lots in the subdivision for three years after the last use of the advertising materials.

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

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

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

G. Nothing contained in this section shall apply to the owner or publisher of a newspaper or magazine or to any other publication of printed matter wherein such advertisement appears or to the owner or operator of a radio or television station which disseminates such advertisement when the owner, publisher or operator has no knowledge of the intent, design or purpose of the advertiser.

H. For any subdivision investigation made under section 32-2183 of an out-of-state subdivision or any in-state subdivision to which the commissioner issues any order necessary to protect the public interest and insure compliance with the law, rules or public report, the subdivider shall reimburse travel and subsistence expenses incurred by the department.

I. A subdivider may hold a drawing or contest to induce prospective buyers to visit a subdivision if all of the following requirements are met:

1. The subdivision has in effect a current public report.

2. The subdivider is not the subject of an ongoing investigation by the department. The department may give permission to hold a drawing or contest to a subdivider who is the subject of an ongoing investigation.

3. The details of the contest or drawing, including the method of awarding any prize, are submitted to the department for review and approval prior to holding the contest or drawing.

4. Any drawing or contest is limited in time, scope and geographic location.

5. The material terms of the drawing or contest are fully disclosed in writing to participants.

6. No fee is charged to any person who participates in a drawing or contest.

7. No participant in a drawing or contest, as a condition of participation, must attend a sales presentation or take a tour.

8. The subdivider is in compliance with all other applicable federal, state and local laws involving drawings or contests.

9. The subdivider is responsible at all times for the lawful and proper conduct of any drawing or contest.
A.R.S. § 32-1344 — Arizona Code / Title 32 / Chapter 12 / Article 2.1 / Section 1344
32-1344 Alkaline hydrolysis facilities; licensure requirements; application
Status: in_force

32-1344. Alkaline hydrolysis facilities; licensure requirements; application

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

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

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

D. If the department finds that the applicant meets the criteria for licensure under this article and rules adopted by the department, the department shall issue an alkaline hydrolysis facility license.
A.R.S. § 32-1749 — Arizona Code / Title 32 / Chapter 16 / Article 3 / Section 1749
32-1749 Judicial review
Status: in_force

32-1749. Judicial review

Except as provided in section 41-1092.08, subsection H, a doctor of optometry aggrieved by a final decision of the board in a disciplinary proceeding is entitled to judicial review pursuant to title 12, chapter 7, article 6 in superior court in Maricopa county.
A.R.S. § 32-4253 — Arizona Code / Title 32 / Chapter 42 / Article 3 / Section 4253
32-4253 Disciplinary action; grounds; definitions
Status: in_force

32-4253. Disciplinary action; grounds; definitions

A. The following are grounds for disciplinary action:

1. Failing to meet or maintain the requirements for an original license under section 32-4222, subsection A.

2. Using fraud, deceit or misrepresentation in obtaining or attempting to obtain a license or the renewal or reinstatement of a license.

3. Using drugs or intoxicating liquors to an extent that affects professional competency.

4. Being convicted of a felony or other offense involving moral turpitude or any conviction for prostitution, solicitation or another similar offense. A conviction by a court of competent jurisdiction is conclusive evidence of the commission of the crime.

5. Being found mentally incompetent by a court of competent jurisdiction until proof of recovery from the condition can be established.

6. Engaging in any act or practice in violation of this chapter or any board rule or aiding, abetting or assisting any other person in the violation of these provisions or rules.

7. Having a license or certificate revoked or suspended or any other disciplinary action taken or an application for licensure or certification refused, revoked or suspended by the proper authorities of another state, territory or country.

8. Committing an act of malpractice, gross negligence or incompetency.

9. Practicing as a licensee under this chapter without an active license.

10. Engaging in conduct that could result in harm or injury to the public.

11. Using fraud, deceit or misrepresentation when communicating with the general public, health care professionals or other business professionals.

12. Falsely holding out oneself as licensed or certified in any discipline of massage therapy without successfully completing training approved by the board in that specialty.

13. Practicing or offering to practice beyond the scope of the practice of massage therapy.

14. Engaging in the performance of substandard care by a massage therapist due to a deliberate or negligent act or failure to act, regardless of whether actual injury to the person cared for is established.

15. Engaging in sexual activity with a client.

16. Failing to adhere to the recognized standards and ethics of the massage therapy profession.

17. Charging unreasonable or fraudulent fees for services performed or not performed.

18. Aiding or abetting a person who is not licensed in this state and who directly or indirectly performs activities requiring a license.

19. Failing to report to the board any act or omission of a licensee or applicant or any other person who violates this chapter.

20. Interfering with an investigation or disciplinary proceeding by willful misrepresentation of facts or by the use of threats or harassment against any person to prevent that person from providing evidence in a disciplinary proceeding or any legal action.

21. Promoting an unnecessary device, treatment or service for the financial gain of the massage therapist or of a third party.

22. Providing massage therapy services that are in any way linked to the financial gain of a referral source.

23. Violating this chapter, board rules or a written order of the board.

B. For the purposes of this section:

1. "Breast" means any portion of the female breast below a point immediately above the top of the areola.

2. "Sexual activity" means any of the following:

(a) Sexual conduct.

(b) Offering to engage in sexual conduct.

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

(d) Intentionally viewing a completely or partially disrobed massage therapy client in the course of treatment if the viewing is not related to treatment under current practice standards and is intended to appeal to the prurient interest of the massage therapy client or the massage therapist.

(e) Massaging, touching or applying any instrument or device by a licensee in the course of practicing or engaging in massage therapy to the breasts of a female client unless the client requests breast massage and signs a written consent form.  If the client is a minor, the consent form must include the signature of the client's parent or legal guardian authorizing the procedure and outlining the reason for the procedure before the procedure is performed.

(f) Asking or directing a massage therapy client or prospective client to touch the client's own anus or genitals or to touch the anus, genitals or female breasts of any other person.

(g) Asking or directing a massage therapy client or prospective client to expose the client's own anus or genitals to the massage therapist or any other person with the intention of appealing to the prurient interest of the massage therapy client or the massage therapist.

(h) Exposing the massage therapist's anus or genitals to a client.

(i) Exposing her breasts to a client.

3. "Sexual conduct" means any direct or indirect touching, fondling or manipulating of any part of the genitals or anus by any part of the body or by any object or causing a person to engage in that conduct.
A.R.S. § 32-2194.07 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.07
32-2194.07 Recording of actions
Status: in_force

32-2194.07. Recording of actions

A. If the commissioner issues a cease and desist order, obtains a court order enjoining further sales, issues an order of prohibition or suspends approval of a cemetery, the action shall be recorded in the office of the county recorder in any county in which the cemetery property is located.

B. If any of the orders which require recording in subsection A are revoked, an order of release shall be recorded in the same manner.
A.R.S. § 32-1183 — Arizona Code / Title 32 / Chapter 10 / Article 5 / Section 1183
32-1183 Performance and payment by contractor, subcontractor or material supplier; conditions; interest
Status: in_force

32-1183. Performance and payment by contractor, subcontractor or material supplier; conditions; interest

A. Notwithstanding the other provisions of this article, performance by a contractor, subcontractor or material supplier in accordance with the provisions of a construction contract entitles the contractor, subcontractor or material supplier to payment from the party with whom the contractor, subcontractor or material supplier contracts.

B. If a subcontractor or material supplier has performed in accordance with the provisions of a construction contract, the contractor shall pay to its subcontractors or material suppliers and each subcontractor shall pay to its subcontractors or material suppliers, within seven days of receipt by the contractor or subcontractor of each progress payment, retention release or final payment, the full amount received for such subcontractor's work and materials supplied based on work completed or materials supplied under the subcontract. Payment shall not be required pursuant to this subsection unless the subcontractor or material supplier provides to the contractor or subcontractor a billing or invoice for the work performed or material supplied in accordance with the terms of the construction contract between the parties. Each subcontractor or material supplier shall provide a waiver of any mechanic's or materialman's lien conditioned on payment for the work completed or material supplied. The contractor or subcontractor may require that such conditional waivers of lien be notarized.  Any diversion by the contractor or subcontractor of payments received for work performed pursuant to a contract, or failure to reasonably account for the application or use of such payments, constitutes grounds for disciplinary action by the registrar of contractors.  Violations of this section shall be grounds for suspension or revocation of a license or other disciplinary action by the registrar pursuant to section 32-1154, subsections B, C and D. The subcontractor or material supplier may notify the registrar of contractors and the owner in writing of any payment less than the amount or percentage approved for the class or item of work as set forth in this section.

C. Nothing in this section prevents the contractor or subcontractor, at the time of application or certification to the owner or contractor, from withholding such application or certification to the owner or contractor for payment to the subcontractor or material supplier for any of the following reasons:

1. Unsatisfactory job progress.

2. Defective construction work or materials not remedied.

3. Disputed work or materials.

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

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

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

7. Damage to a contractor or another subcontractor or material supplier.

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

9. The owner has withheld retention from the contractor, in which case the amount of the retention withholding by the contractor shall not exceed the actual amount of the retention retained by the owner pertaining to the subcontractor's work.

D. A contractor or subcontractor shall not withhold retention from a subcontractor in an amount greater than the actual amount of the retention retained by the owner pertaining to the work of the subcontractor.

E. If the contractor or subcontractor chooses to withhold the application or certification for all or a portion of a subcontractor's or material supplier's billing or estimates as permitted by subsection C of this section, the contractor or subcontractor must prepare and issue a written statement within fourteen days to the applicable subcontractors or material suppliers stating in reasonable detail the contractor's or subcontractor's reasons for withholding the application or certification from the owner or contractor.

F. If the owner issues a written statement pursuant to section  32-1182, subsection D, H or K stating that the owner declines to certify or approve all or a portion of the contractor's billing or estimate and if the amounts to be paid from that billing or estimate by the contractor to any subcontractors or material suppliers are affected by the owner's decision not to certify or approve, the contractor shall send a copy of that written statement within seven days after receipt to any affected subcontractors or material suppliers.  If the contractor sends a copy of the owner's written statement to a subcontractor and if the amounts to be paid from that billing or estimate by a subcontractor to any of its subcontractors or material suppliers are affected by the owner's decision not to certify or approve, then the subcontractor shall send a copy of that written statement within seven days after receipt to any of its affected subcontractors or material suppliers.

G. If the owner issues a written statement pursuant to section  32-1182, subsection D, H or K stating that the owner declines to certify or approve a billing or estimate or a portion of a billing or estimate for defective construction work or materials not remedied and if the contractor as a result does not receive sufficient payment from the owner to pay subcontractors and material suppliers for work included in the contractor's billing or estimate, the contractor shall nevertheless pay any subcontractor or material supplier whose work was not the basis of the owner's withholding for defective construction work or materials not remedied within twenty-one days after payment would otherwise have been made by the owner under section  32-1182, subsection A. This subsection does not limit a subcontractor's rights to suspend performance under a construction contract or terminate a construction contract under section 32-1185, subsection D.

H. If a progress or final payment or release of retention to a subcontractor or material supplier is delayed by more than seven days after receipt of progress or final payment or release of retention by the contractor or subcontractor pursuant to this section, the contractor or subcontractor shall pay its subcontractor or material supplier interest, except for periods of time during which payment is withheld pursuant to subsection C of this section, beginning on the eighth day, at the rate of one and one-half percent per month or a fraction of a month on the unpaid balance or at such higher rate as the parties agree.

I. Any licensed contractor, licensed subcontractor or material supplier who files a complaint with the registrar of contractors under this section shall be required to post a surety bond or cash deposit of $500 or one-half of the amount due, whichever is less, with the registrar to secure the payment of claims under this section. If the complaint is determined by the registrar to be without merit and frivolous, the registrar shall order the person who filed the complaint to pay one-half of the amount of the required surety bond or cash deposit to the respondent and one-half to the registrar for deposit into the state general fund.  If no claim may be made under this section against the surety bond or cash deposit, the surety bond or cash deposit shall be returned to the complainant. The surety bond or cash deposit shall be in the name of the licensee or material supplier who files the complaint and shall be subject to claims by the registrar of contractors and the respondent licensee as provided in this section.  The surety bond or cash deposit shall be conditioned on and provide for payment on the presentation of a certified copy of the order of the registrar and a certification by the complainant of nonpayment within thirty days after the order becomes final. The surety bond shall be executed by the complainant as principal with a corporation duly authorized to transact surety business in this state. Evidence of the surety bond shall be submitted to the registrar in a form acceptable to the registrar. The cash deposit shall be deposited, pursuant to sections 35-146 and 35-147, by the registrar in the contractors prompt pay complaint fund and shall be held for the payment of claims.

J. In any action or arbitration brought to collect payments or interest pursuant to this section, the successful party shall be awarded costs and attorney fees in a reasonable amount.
A.R.S. § 32-3206 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3206
32-3206 Disciplinary action; information; disclosure
Status: in_force

32-3206. Disciplinary action; information; disclosure

A. At least ten business days before a meeting of a health profession regulatory board to review the status of an investigation, the board shall provide notice of the meeting to the health professional, including notice of the opportunity for the health professional to request a copy of the report concerning the investigation.

B. At least ten business days before a disciplinary interview or a hearing, if the board does not hold a disciplinary interview, the health profession regulatory board shall notify the health professional and, at that person's request, the board shall provide the health professional or the health professional's attorney with the information listed in this section. The board shall provide the following information:

1. Any review conducted by an expert or consultant providing an evaluation of or opinion on the allegations.

2. Any records on the patient obtained by the board from other health care providers.

3. The results of any evaluations or tests of the health professional conducted at the board's direction.

4. Any other factual information that the board will use in making its determination.

C. A person who obtains information from the board pursuant to this section may not release it to any other person or entity or use it in any proceeding or action except in connection with the board's review of the investigation, the disciplinary interview and any administrative proceedings or appeals related to the disciplinary interview or hearing.  A person who violates this subsection commits an act of unprofessional conduct.

D. The board may charge the health professional or the health professional's attorney for the cost of providing the information received up to the fee for making a copy of each page as prescribed by section 12-284, subsection A.
A.R.S. § 32-1979.01 — Arizona Code / Title 32 / Chapter 18 / Article 3 / Section 1979.01
32-1979.01 Self-administered hormonal contraceptives; requirements; rules; immunity; definition
Status: in_force

32-1979.01. Self-administered hormonal contraceptives; requirements; rules; immunity; definition

A. A pharmacist may dispense a self-administered hormonal contraceptive to a patient who is at least eighteen years of age pursuant to a standing prescription drug order made in accordance with subsection B of this section and without any other patient-specific prescription drug order.

B. A prescriber who is licensed to prescribe a self-administered hormonal contraceptive, including a person acting in the prescriber's capacity as an employee of the department of health services or a county health department, may issue a standing prescription drug order authorizing the dispensing of a self-administered hormonal contraceptive.  This subsection does not create a duty to act or standard of care for an employee of the department of health services to issue a standing order for a hormonal contraceptive.

C. The board, in conjunction with the department of health services and in consultation with a national professional organization specializing in obstetrics and gynecology, shall adopt rules to establish standard procedures for pharmacists to dispense self-administered hormonal contraceptives pursuant to this section. The standard procedures shall require a pharmacist to do both of the following:

1. Obtain a completed nationally recognized self-screening risk assessment from each patient before dispensing the self-administered hormonal contraceptive to the patient.

2. Provide the patient with information about the self-administered hormonal contraceptive that is dispensed to the patient.

D. A pharmacist or prescriber acting reasonably and in good faith in dispensing or prescribing a self-administered hormonal contraceptive pursuant to this section is not liable for any civil damages for acts or omissions resulting from dispensing that self-administered hormonal contraceptive.

E. All state and federal laws governing insurance coverage of contraceptive drugs, devices, products and services apply to self-administered hormonal contraceptives that are prescribed and dispensed pursuant to this section.

F. This section does not apply to a valid patient-specific prescription for a hormonal contraceptive that is issued by an authorized prescriber and dispensed by a pharmacist pursuant to that valid prescription.

G. For the purposes of this section:

1. "Primary care provider" means a physician who is licensed pursuant to chapter 13, 14 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.

2. "Self-administered hormonal contraceptive":

(a) Means a self-administered hormonal contraceptive that is approved by the United States food and drug administration to prevent pregnancy.

(b) Includes an oral hormonal contraceptive, a hormonal contraceptive vaginal ring and a hormonal contraceptive patch.
A.R.S. § 32-1910 — Arizona Code / Title 32 / Chapter 18 / Article 1 / Section 1910
32-1910 Emergencies; continued provision of services; rules
Status: in_force

32-1910. Emergencies; continued provision of services; rules

A. If a natural disaster or terrorist attack occurs and, as a consequence of the natural disaster or terrorist attack, a state of emergency is declared by the governor or by a county, city or town pursuant to its authority and the declared state of emergency results in individuals being unable to refill existing prescriptions, the board shall cooperate with this state and the county, city or town to ensure the provision of drugs, devices and professional services to the public.

B. If a natural disaster or terrorist attack occurs in another state and, as a consequence of the natural disaster or terrorist attack, a state of emergency is declared by the governor of that state and the declared state of emergency results in individuals being temporarily relocated to Arizona and unable to refill existing prescriptions, the board shall cooperate with this state to ensure the provision of drugs, devices and professional services to the relocated individuals.

C. If a state of emergency has been declared pursuant to this section, a pharmacist may work in the affected county, city or town and may dispense a onetime emergency refill prescription of up to a thirty-day supply of a prescribed medication if both of the following apply:

1. In the pharmacist's professional opinion the medication is essential to the maintenance of life or to the continuation of therapy.

2. The pharmacist makes a good faith effort to reduce the information to a written prescription marked "emergency prescription" and then files and maintains the prescription as required by law.

D. If the state of emergency declared pursuant to this section continues for at least twenty-one days after the pharmacist dispenses an emergency prescription pursuant to subsection C of this section, the pharmacist may dispense one additional emergency refill prescription of up to a thirty-day supply of the prescribed medication.

E. A pharmacist who is not licensed in this state, but who is currently licensed in another state, may dispense prescription medications in those affected counties, cities or towns in this state during the time that a declared state of emergency exists pursuant to this section if both of the following apply:

1. The pharmacist has proof of licensure in another state.

2. The pharmacist is engaged in a legitimate relief effort during the period of time an emergency has been declared pursuant to this section.

F. The board may adopt rules for the provision of pharmaceutical care and drug and device delivery during a declared emergency that is the consequence of a natural disaster or terrorist attack, including the use of temporary or mobile pharmacy facilities and nonresident licensed pharmacy professionals.  The rules shall allow pharmacies that are owned by a health system to compound and repackage prescription drugs on a nonpatient-specific basis for the patients of that health system during a declared emergency that is the consequence of a natural disaster or terrorist attack.

G. A pharmacist's authority to dispense, compound or repackage prescriptions pursuant to this section ends when the declared state of emergency is terminated.
A.R.S. § 32-2502 — Arizona Code / Title 32 / Chapter 25 / Article 1 / Section 2502
32-2502 Arizona regulatory board of physician assistants; membership; appointment; terms; immunity
Status: in_force

32-2502. Arizona regulatory board of physician assistants; membership; appointment; terms; immunity

A. The Arizona regulatory board of physician assistants is established consisting of the following members:

1. Five physician assistants who hold a current regular license pursuant to this chapter. The governor may appoint these members from a list of qualified candidates submitted by the Arizona state association of physician assistants. The governor may seek additional input and nominations before the governor makes the physician assistant appointments.

2. Two public members who are appointed by the governor.

3. Two physicians who are actively engaged in the practice of medicine and who are licensed pursuant to chapter 17 of this title, one of whom supervises or collaborates with a physician assistant at the time of appointment, and who are appointed by the governor.

4. Two physicians who are actively engaged in the practice of medicine and who are licensed pursuant to chapter 13 of this title, one of whom supervises or collaborates with a physician assistant at the time of appointment, and who are appointed by the governor.

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

C. The term of office of members of the board is four years to begin and end on July 1.

D. Each board member is eligible for appointment to not more than two full terms, except that the term of office for a member appointed to fill a vacancy that is not caused by the expiration of a full term is for the unexpired portion of that term and the governor may reappoint that member to not more than two additional full terms. Each board member may continue to hold office until the appointment and qualification of that member's successor.  The governor may remove a member after notice and a hearing on a finding of continued neglect of duty, incompetence or unprofessional or dishonorable conduct. That member's term ends when the finding is made.

E. A board member's term automatically ends:

1. On written resignation submitted to the board chairperson or to the governor.

2. If the member is absent from this state for more than six months during a one-year period.

3. If the member fails to attend three consecutive regular board meetings.

4. Five years after retirement from active practice.

F. Board members are immune from civil liability for all good faith actions they take pursuant to this chapter.
A.R.S. § 32-3282 — Arizona Code / Title 32 / Chapter 33 / Article 4 / Section 3282
32-3282 Right to examine and copy evidence; summoning witnesses and documents; taking testimony; right to counsel; confidentiality
Status: in_force

32-3282. Right to examine and copy evidence; summoning witnesses and documents; taking testimony; right to counsel; confidentiality

A. In connection with information received pursuant to section 32-3281, subsection A, the board or the board's authorized agents or employees at all reasonable times have access to, for the purpose of examination, and the right to copy any psychotherapy notes, documents, reports, records or other physical evidence of any person being investigated, or the reports, records and any other documents maintained by and in possession of any hospital, clinic, physician's office, laboratory, pharmacy or health care institution as defined in section 36-401 or any other public or private agency, if the psychotherapy notes, documents, reports, records or evidence relate to the specific complaint.

B. For the purpose of all investigations and proceedings conducted by the board:

1. The board on its own initiative may issue subpoenas compelling the attendance and testimony of witnesses or demanding the production for examination or copying of documents or any other physical evidence if the evidence relates to the unauthorized practice of behavioral health or to the competence, unprofessional conduct or mental or physical ability of a licensee to safely practice.  Within five days after the service of a subpoena on any person requiring the production of any evidence in that person's possession or under that person's control, the person may petition the board to revoke, limit or modify the subpoena. The board shall revoke, limit or modify a subpoena if in its opinion the evidence required does not relate to unlawful practices covered by this chapter or is not relevant to the charge that is the subject matter of the hearing or investigation or the subpoena does not describe with sufficient particularity the physical evidence required to be produced.  Any member of the board and any agent designated by the board may administer oaths, examine witnesses and receive evidence.

2. Any person appearing before the board may be represented by counsel.

3. The board shall make available to the licensee who is the subject of the investigation, or the licensee's designated representative, for inspection at the board's office the investigative file at least five business days before a board meeting at which the board considers the complaint. The board may redact any confidential information before releasing the file to the licensee.

4. The superior court, on application by the board or by the person subpoenaed, has jurisdiction to issue an order either:

(a) Requiring the person to appear before the board or the board's authorized agent to produce evidence relating to the matter under investigation.

(b) Revoking, limiting or modifying the subpoena if in the court's opinion the evidence demanded does not relate to unlawful practices covered by this chapter or is not relevant to grounds for disciplinary action that are the subject matter of the hearing or investigation or the subpoena does not describe with sufficient particularity the physical evidence required to be produced.  Any failure to obey an order of the court may be punished by the court as contempt.

C. Records, including clinical records, reports, files or other reports or oral statements relating to examinations, findings or treatments of clients, any information from which a client or the client's family might be identified or information received and records kept by the board as a result of the investigation procedure prescribed by this chapter are not available to the public.

D. This section and any other law that makes communications between a licensee and the licensee's client a privileged communication do not apply to investigations or proceedings conducted pursuant to this chapter.  The board and and the board's employees, agents and representatives shall keep in confidence the names of any clients whose records are reviewed during the course of investigations and proceedings pursuant to this chapter.
A.R.S. § 32-3224 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3224
32-3224 Complaints; time limit on filing; exceptions
Status: in_force

32-3224. Complaints; time limit on filing; exceptions

Notwithstanding any time limit to the contrary in this title, a health profession regulatory board may not act on its own motion or on any complaint received by the board in which an allegation of unprofessional conduct or any other violation of the chapter that applies to a professional who holds an Arizona license or certificate occurred more than four years before the complaint is received by the board. This time limit does not apply to:

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

2. The board's consideration of the specific unprofessional conduct related to the licensee's or certificate holder's failure to disclose conduct or a violation as required by law.  This paragraph does not apply to a person who is licensed or permitted pursuant to chapter 18 of this title unless the conduct or violation is related to sexual misconduct, an incident or occurrence involving a felony, diversion of a controlled substance or impairment while practicing. Diversion of a controlled substance does not include administrative errors or recordkeeping violations when there is not evidence of an actual loss of a controlled substance.
A.R.S. § 32-1382 — Arizona Code / Title 32 / Chapter 12 / Article 4 / Section 1382
32-1382 Funeral establishment requirements; responsible funeral director; universal precautions
Status: in_force

32-1382. Funeral establishment requirements; responsible funeral director; universal precautions

A. A funeral establishment licensed pursuant to this article shall:

1. Provide separate rooms for each of the following:

(a) An area inside the funeral establishment that may be used as a chapel for conducting funeral services.

(b) If the funeral establishment embalms on-site, a preparation room that meets minimum requirements adopted by the department, that is maintained at all times in a sanitary and professional manner, that has sanitary flooring, drainage and ventilation and that is equipped with instruments and supplies necessary to protect the health and safety of the public and the employees of the funeral establishment in connection with preparing and embalming dead human bodies. This paragraph does not prohibit the embalming of a body at a central location that meets the minimum requirements adopted by the department. If a funeral establishment embalms at a central location and not on-site, the funeral establishment is not required to have an on-site preparation room.

(c) A display area for displaying funeral goods or for displaying funeral goods by photograph or electronic means.

2. If the funeral establishment embalms at a central location and not on-site, provide the department the central location's name, address and license number.

3. Provide access to hearses or funeral coaches that are properly equipped for transporting dead human bodies and that are kept in a sanitary and professional manner.

4. Employ and designate a responsible funeral director to manage and supervise the daily operation of the funeral establishment.  The responsible funeral director is responsible for the funeral establishment complying with the laws of this state and the rules of the department.  The funeral establishment or the responsible funeral director shall designate a licensed funeral director to act as an interim responsible funeral director.

B. All employees of a funeral establishment who handle dead human bodies shall use universal precautions and shall exercise reasonable care to minimize the risk of transmitting any communicable disease from a dead human body.
A.R.S. § 32-3121 — Arizona Code / Title 32 / Chapter 31 / Article 2 / Section 3121
32-3121 Definitions
Status: in_force

32-3121. Definitions

In this article, unless the context otherwise requires:

1. "Health profession regulatory board" has the same meaning prescribed in section 32-3201.

2. "Temporary license" means a short-term license issued to a qualified individual to work in this state on a short-term basis by teaching a course, seminar or class, working during the process of receiving a full and active license, working while traveling with a sports or athletic team or providing free services during a declared state or national disaster.
A.R.S. § 32-1391.01 — Arizona Code / Title 32 / Chapter 12 / Article 5 / Section 1391.01
32-1391.01 Powers and duties of department
Status: in_force

32-1391.01. Powers and duties of department

A. The department shall adopt rules that:

1. Describe or define deceptive, misleading or professionally negligent practices concerning the offer or sale of prearranged funeral agreements funded by trust and the handling of these funds or accounts.

2. Implement and interpret consumer disclosure requirements of this article to provide adequate information to purchasers of prearranged funerals.

3. Prescribe funeral establishment recordkeeping requirements concerning prearranged funeral trust sales and prearranged funeral trust accounts and the handling and disposition of trust funds.

4. Define terms and develop forms and procedures to implement this article.

B. The department of health services shall enter into an intergovernmental agreement with the department of insurance and financial institutions to examine and report on prearranged funeral trust accounts of funeral establishments and to review prearranged funeral trust sales and trust account forms and procedures used by funeral establishments.
A.R.S. § 32-3228 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3228
32-3228 Informed consent; breast implant surgery; requirements; unprofessional conduct; work group; definition
Status: in_force

32-3228. Informed consent; breast implant surgery; requirements; unprofessional conduct; work group; definition

A. Before performing breast implant surgery, a physician who is licensed pursuant to chapter 13 or 17 of this title must provide the patient with the following, in writing or in an electronic format, based on the information that is then generally available to physicians who perform breast implant surgery:

1. A description of the risks of breast implants and of the surgical procedures used in breast implant surgery.

2. Manufacturer patient information materials, in a hard copy or an electronic format, on the implants that will be used in the surgery, including warning requirements prescribed by the United States food and drug administration.

3. The informed consent checklist developed pursuant to subsection D of this section that includes, at a minimum, information on:

(a) Breast implant-associated anaplastic large cell lymphoma.

(b) Breast implant illness.

(c) The national breast implant registry.

4. Information on how the patient can report adverse events associated with breast implants through the United States food and drug administration's medwatch program or any similar program.

B. A physician must provide the information required by subsection A of this section and obtain written informed consent for the procedure from the patient before performing the breast implant surgery.

C. A physician who knowingly violates this section commits an act of unprofessional conduct and is subject to disciplinary action.

D. The Arizona medical board and the Arizona board of osteopathic examiners in medicine and surgery shall convene a work group that includes licensee representatives and patient advocates to jointly develop an informed consent checklist for physicians to discuss with patients before breast implant surgery.  The informed consent checklist shall include the information prescribed in subsection A of this section and any other information the boards and the work group determine to be necessary. The work group shall review the checklist and provide updates as necessary.

E. For the purposes of this section, "breast implant surgery" means the surgical placement of a breast implant for cosmetic or reconstructive purposes.
A.R.S. § 32-2133 — Arizona Code / Title 32 / Chapter 20 / Article 2 / Section 2133
32-2133 Temporary broker's license
Status: in_force

32-2133. Temporary broker's license

A. Notwithstanding any other law, the commissioner may issue a temporary license as a broker to a licensed or unlicensed person for the purpose of winding up the existing or pending business of a licensed broker in the following cases:

1. To the surviving spouse or next of kin or to the administrator or personal representative or the employee of the administrator or personal representative of a deceased licensed broker.

2. To the spouse, next of kin, employee, legal guardian or conservator of a licensed broker in a state of disability by sickness, injury or insanity.

B. Each temporary license is for a period of not over ninety days and shall not be extended for a longer period, except that a license issued to a personal representative or administrator or the employee of the personal representative or administrator pursuant to subsection A, paragraph 1 continues until the personal representative or administrator disposes of the deceased broker's business, but not to exceed a period of fifteen months.

C. No more than one temporary license may be issued to or with respect to the same individual within any one year period.

D. A temporary licensee has the same license powers and obligations as under a permanent license.
A.R.S. § 32-2194.18 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.18
32-2194.18 Application for authority to open and operate cemeteries
Status: in_force

32-2194.18. Application for authority to open and operate cemeteries

Before a corporation may engage in or transact any business of a cemetery it must file an application for a certificate of authority with the commissioner. Such application must show that the corporation owns or is actively operating a cemetery in this state which is subject to the provisions of this chapter or that the applicant is in a position to commence operating a cemetery.
A.R.S. § 32-2393 — Arizona Code / Title 32 / Chapter 23 / Article 3 / Section 2393
32-2393 Liability insurance required; amount
Status: in_force

32-2393. Liability insurance required; amount

Notwithstanding section 28-4009, a school shall obtain an automobile liability or motor vehicle liability policy which covers each motor vehicle operated by the school for driver training in the minimum amount of one hundred fifty thousand dollars because of bodily injury to or death of one person in any one accident, subject to the limit for one person, three hundred thousand dollars because of bodily injury to or death of two or more persons in any one accident, fifty thousand dollars because of injury to or destruction of property of others in any one accident and five thousand dollars medical payments coverage.
A.R.S. § 32-927 — Arizona Code / Title 32 / Chapter 8 / Article 2 / Section 927
32-927 Violations; classification
Status: in_force

32-927. Violations; classification

A person is guilty of a class 6 felony who:

1. Practices chiropractic without a license.

2. Buys, sells or fraudulently obtains a diploma or license to practice chiropractic.

3. Uses the title chiropractor, D.C., or any other word or title to induce belief that he is engaged in the practice of chiropractic, without a license to practice chiropractic.
A.R.S. § 32-1926.01 — Arizona Code / Title 32 / Chapter 18 / Article 2 / Section 1926.01
32-1926.01 Change in residency status; written notice required
Status: in_force

32-1926.01. Change in residency status; written notice required

A. A licensee shall give written notice to the board office staff of a change in the licensee's residency status authorized by the United States citizenship and immigration services.

B. If the licensee's residency status ceases to be authorized by the United States citizenship and immigration services, the licensee shall give written notice to the board office staff that the licensee voluntarily terminates the license.
A.R.S. § 32-2232 — Arizona Code / Title 32 / Chapter 21 / Article 3 / Section 2232
32-2232 Unprofessional or dishonorable conduct
Status: in_force

32-2232. Unprofessional or dishonorable conduct

As used in this chapter, unprofessional or dishonorable conduct includes:

1. The fraudulent use of any certificate or other official form used in practice that would increase the hazard of dissemination of disease, the transportation of diseased animals or the sale of inedible food products of animal origin for human consumption.

2. Inadequate methods in violation of meat inspection procedures prescribed by the federal government and Arizona meat inspection laws or wilful neglect or misrepresentation in the inspection of meat.

3. Misrepresentation of services rendered.

4. Failure to report, or the negligent handling of, the serious epidemic diseases of animals, such as anthrax, rabies, glanders, brucellosis, tuberculosis, foot and mouth disease, hog cholera, and other communicable diseases known to medical science as being a menace to human or animal health.

5. The dispensing or giving to anyone of live culture or attenuated live virus vaccines to be administered by a layman without providing instruction as to their administration and use.

6. Having professional connection with, or lending one's name to, any illegal practitioner of veterinary medicine and the various branches thereof.

7. Chronic inebriety or unlawful use of narcotics, dangerous drugs or controlled substances.

8. Fraud or dishonesty in applying or reporting on any test or vaccination for disease in animals.

9. False, deceptive or misleading advertising, having for its purpose or intent deception or fraud.

10. Conviction of a crime involving moral turpitude, or conviction of a felony.

11. Malpractice, gross incompetence or gross negligence in the practice of veterinary medicine.

12. Violation of the ethics of the profession as defined by rules adopted by the board.

13. Fraud or misrepresentation in procuring a license.

14. Knowingly signing a false affidavit.

15. Distribution of narcotics, dangerous drugs, prescription-only drugs or controlled substances for other than legitimate purposes.

16. Violation of or failure to comply with any state or federal laws or regulations relating to the storing, labeling, prescribing or dispensing of controlled substances or prescription-only drugs as defined in section 32-1901.

17. Offering, delivering, receiving or accepting any rebate, refund, commission, preference, patronage, dividend, discount or other consideration, whether in the form of money or otherwise, as compensation or inducement for referring animals or services to any person.

18. Violating or attempting to violate, directly or indirectly, or assisting or abetting the violation or conspiracy to violate any of the provisions of this chapter, a rule adopted by the board or a written order of the board.

19. Failing to dispense drugs and devices in compliance with article 7 of this chapter.

20. Performing veterinary services without adequate equipment and sanitation considering the type of veterinary services provided.

21. Failure to maintain adequate records of veterinary services provided.

22. Medical incompetence in the practice of veterinary medicine.

23. Cruelty to or neglect of animals. For the purposes of this paragraph, "cruelty to or neglect of animals" means knowingly or negligently torturing, beating or mutilating an animal, killing an animal in an inhumane manner or depriving an animal of necessary food, water or shelter.

24. Representing that the veterinarian is a specialist if the veterinarian lacks the credentials to be a specialist.

25. Performing veterinary services without having a valid veterinarian client patient relationship.

26. Releasing, prescribing or dispensing any prescription drugs in the absence of a valid veterinarian client patient relationship.
A.R.S. § 32-1639.02 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1639.02
32-1639.02 Qualifications of international graduate practical nurses; application for license; endorsement
Status: in_force

32-1639.02. Qualifications of international graduate practical nurses; application for license; endorsement

A. An applicant for a license to practice as a practical nurse who is a graduate of an international nursing program and who is licensed in another state or territory of the United States shall satisfy the following requirements:

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

2. Submit a report from an agency recognized by the board verifying the status of any nursing license held by the applicant.

3. Pass an examination as prescribed in section 32-1638 and satisfy English language proficiency requirements as prescribed by the board by rule.

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

B. Except for the requirement relating to graduation from a board approved program as prescribed pursuant to section 32-1637, paragraph 1, if the applicant satisfies the requirement of subsection A of this section and meets the other requirements established pursuant to this chapter, the board shall issue a license to practice as a practical nurse.
A.R.S. § 32-1391.13 — Arizona Code / Title 32 / Chapter 12 / Article 5 / Section 1391.13
32-1391.13 Funeral establishment sales endorsement; grounds for denial or revocation; disciplinary action
Status: in_force

32-1391.13. Funeral establishment sales endorsement; grounds for denial or revocation; disciplinary action

The department may deny or revoke a prearranged funeral sales endorsement or may take disciplinary action against a funeral establishment if any of the following occurs:

1. The funeral establishment fails to satisfy the requirements of section 32-1391.12.

2. The funeral establishment fails to comply with the annual report requirement prescribed in section 32-1391.16.

3. The funeral establishment or its designated funeral director violates this article or any rule adopted pursuant to this article.

4. The funeral establishment makes false or misleading statements on its initial application or on the required annual report.

5. The designated funeral director is convicted of any crime or is the subject of any court decision described in section 32-1391.12, subsection A, paragraph 5, subdivision (e) or (f).

6. The funeral establishment or its designated funeral director violates any provision of title 44, chapter 10, article 7.
A.R.S. § 32-3640 — Arizona Code / Title 32 / Chapter 36 / Article 3 / Section 3640
32-3640 Prohibition; indemnification agreement
Status: in_force

32-3640. Prohibition; indemnification agreement

A. Any person, party or entity who hires, engages or communicates with an appraiser directly or through an agent shall not require or attempt to require the appraiser to sign any indemnification agreement that would hold harmless the hiring person, party or entity, its owners, agent's employees or independent contractors from any liability, damage, loss or claim arising from the services performed by the person, party or entity, its owners, agent's employees or independent contractors.

B. This section does not limit liability for services performed by the appraiser.
A.R.S. § 32-1138 — Arizona Code / Title 32 / Chapter 10 / Article 2.1 / Section 1138
32-1138 Subrogation
Status: in_force

32-1138. Subrogation

The state has the right of subrogation to the extent of payments made from the residential contractors' recovery fund including the right to collect from a bond, cash payment or alternative to cash payment made pursuant to section 32-1152 or 32-1152.01. The registrar and the attorney general shall promptly enforce all subrogation claims.
A.R.S. § 32-2121 — Arizona Code / Title 32 / Chapter 20 / Article 2 / Section 2121
32-2121 Applicability of article; exceptions
Status: in_force

32-2121. Applicability of article; exceptions

A. This article does not apply to:

1. A natural person, a corporation through its officers, a partnership through its partners or a limited liability company through its members or managers that deals in selling, exchanging, purchasing, renting, leasing, managing or pledging the person's or entity's own property, including cemetery property and membership camping contracts, and that does not receive special compensation for a sales transaction or does not receive special compensation or other consideration, including property management fees or consulting fees for any property management services performed, if the majority of an officer's, partner's, member's or manager's activities do not involve the acts of a real estate broker, cemetery broker or membership camping broker as defined in section 32-2101.

2. A person holding a valid power of attorney that is being used for a specific purpose in an isolated transaction and not as a method of conducting a real estate business.

3. An attorney performing the attorney's duties as an attorney. This paragraph does not allow an attorney to otherwise engage in any acts requiring a license under this article.

4. Any receiver, a trustee in bankruptcy or any other person acting under an order of a court.

5. A trustee selling under a deed of trust.

6. Natural persons who are acting as residential leasing agents or on-site managers of residential rental property, who are performing residential leasing activities on residential income property at not more than one location during the period of the agents' or on-site managers' regular workday, who do not receive special compensation for the acts described in subdivisions (a) through (e) of this paragraph and who are employed by the owner or the owner's licensed management agent to perform the duties customarily associated with that employment. A bonus that is paid to a residential leasing agent or on-site manager working under the supervision of a licensed real estate broker and that is based on performance, that is received not more frequently than monthly and that does not exceed one-half of the agent's or on-site manager's total compensation for the time period does not constitute special compensation for the acts described in subdivisions (a) through (e) of this paragraph. For the purposes of this paragraph, "residential leasing agents or on-site managers" means natural persons who are employed by the owner or the owner's licensed management agent and whose normal duties and responsibilities include any one or a combination of the following:

(a) Preparing and presenting to any person a residential lease, application or renewal or any amendment of the lease.

(b) Collecting or receiving a security deposit, a rental payment or any related payment for delivery to and made payable to a property, a property manager, an owner or the location.

(c) Showing a residential rental unit to any prospective tenant.

(d) Executing residential leases or rental agreements adopted under title 33, chapter 10.

(e) Acting on behalf of the owner or the owner's licensed management agent to deliver notice pursuant to title 12, chapter 8 and title 33, chapters 10 and 11.

7. Any officer or employee of a governmental agency who is not a contract or temporary employee of the agency in conducting the officer's or employee's official duties.

8. One natural person who acts as a property manager for one nonresidential income property or for two or more contiguous nonresidential income properties that are under common ownership and who is employed by the owner or the owner's licensed management agent to perform the duties customarily associated with that employment.

9. Natural persons who are employed by an employing broker, a person otherwise licensed under this chapter or a person or entity exempt under this section, who are unlicensed and perform clerical, bookkeeping, accounting and other administrative and support duties, who are not engaged in any other acts requiring a license under this chapter and whose employment is not conditioned on or designed to perform duties otherwise requiring a license under this chapter.

10. Natural persons who are employed by an employing broker and who perform telemarketing services that are limited to soliciting interest in engaging the services of a licensee or broker or gathering demographic information that will be used by a licensee or broker to solicit prospective buyers, sellers, lessees and lessors.

11. Communications media or their representatives that are primarily engaged in advertising real estate and that perform no other acts requiring a real estate license, if:

(a) The communications media or their representatives do not, directly or indirectly, compile or represent that they compile information about specific prospective purchasers or tenants, except that general information about prospective purchasers or tenants, such as demographic and marketing information, may be compiled.

(b) The communications media or their representatives do not make representations to prospective real property sellers or landlords, or their representatives, concerning specific prospective purchasers or tenants or specific sales or leasing leads.

(c) The fee charged for advertising is based solely on the advertising services provided.

(d) The advertisements provide for direct contact between the seller or landlord and the prospective buyers or tenants, or for contact through a licensed real estate broker or property management firm. The communications media or their representatives shall not act as intermediaries or assist in any intermediary action between prospective parties to a real estate transaction, except that additional information about advertised properties may be provided to prospects on request.

12. Persons who perform residential property management services or marketing and promotional services solely for nursing care institutions as defined in section 36-401 or pursuant to life care contracts as defined in section 20-1801.

13. A person who offers to sell or lease property that constitutes a security as defined in section 44-1801 and that is offered, sold or leased in compliance with title 44, chapter 12 if the person is a registered securities dealer or salesperson pursuant to title 44, chapter 12, article 9.

14. A person who manages a hotel, motel or recreational vehicle park.

15. A person who, on behalf of another, solicits, arranges or accepts reservations or monies, or both, for occupancies of thirty-one or fewer days in a dwelling unit.

16. An escrow agent in performing the escrow agent's duties as an escrow agent, a title insurer in performing the title insurer's duties as a title insurer or a title insurance agent in performing the title insurance agent's duties as a title insurance agent.  This paragraph does not allow an escrow agent, a title insurer or a title insurance agent to otherwise engage in acts requiring a license under this article.

17. Notwithstanding paragraph 1 of this subsection, a corporation through its officers and employees that purchases, sells, exchanges, rents, leases, manages or pledges its property if both of the following apply:

(a) The activity is only incidental to the business of the corporation.

(b) The officers and employees engaged in the activity do not receive special compensation or other consideration for the activity.

18. A trust company owned by a bank holding company regulated by the federal reserve board or a bank in exercising its fiduciary duties under the terms of a trust agreement to which real property is subject.

19. A person who receives a finder fee pursuant to section 32-2176 or 32-2197.21.

B. The commissioner may grant an exemption from the licensure requirements of this article to any corporation that applies for an exemption on a finding that both of the following apply:

1. The corporation is a nonprofit corporation that provides project-based housing services and operates solely as a charitable organization as defined in section 44-6551.

2. The corporation's sole activities related to real estate involve ownership or management of residential property owned or controlled by the corporation.
A.R.S. § 32-1927.03 — Arizona Code / Title 32 / Chapter 18 / Article 2 / Section 1927.03
32-1927.03 Persons required to be permitted; formal hearing; disciplinary action
Status: in_force

32-1927.03. Persons required to be permitted; formal hearing; disciplinary action

A. A person that resides in this state or in any other jurisdiction and that sells a narcotic or other controlled substance, a prescription-only drug or device, a nonprescription drug, a precursor chemical or a restricted chemical within or into this state shall hold a valid board-issued permit. If the person does not hold a valid board-issued permit, the person is subject to disciplinary action by the board.

B. A person that after a formal hearing is found by the board to be in violation of subsection A of this section may be subject to a civil penalty not to exceed one thousand dollars for each violation of this chapter or a rule adopted pursuant to this chapter.

C. The board may charge the cost of a formal hearing to the person that the board finds to be in violation of this chapter or a rule adopted pursuant to this chapter or whose employee the board finds to be in violation of this chapter or a rule adopted pursuant to this chapter.

D. The board on its own motion or in response to a complaint may inspect or investigate, or delegate to the executive director the authority to inspect or investigate, any evidence that appears to show a person is or may be acting in violation of subsection A of this section.  The board may:

1. Send, or delegate to the executive director the authority to send, a cease and desist letter regarding the person's unauthorized business in this state.

2. Request a conference with the person if the board believes the information is or may be true. If the person refuses the invitation or fails to appear for the conference and the investigation indicates that grounds may exist for the board to impose a civil penalty, the board shall issue a formal notice that a hearing be held pursuant to title 41, chapter 6, article 10.

3. Dismiss the complaint if the complaint is without merit.
A.R.S. § 32-3663 — Arizona Code / Title 32 / Chapter 36 / Article 5 / Section 3663
32-3663 Exemptions
Status: in_force

32-3663. Exemptions

This article does not apply to:

1. A department or unit within a financial institution that is subject to direct regulation by an agency of the United States government or of this state and that receives requests for the performance of real estate appraisals from the financial institution and then assigns such requests to an appraiser who is part of the financial institution's appraiser panel.

2. A federally regulated appraisal management company.

3. A corporation, partnership, sole proprietorship, subsidiary or other business entity that employs real estate appraisers exclusively on an employer and employee basis for the performance of all real property appraisal services in the normal course of its business and that is responsible for ensuring that the real property appraisal services being performed by its employees are being performed in accordance with the uniform standards of professional appraisal practice and federal and state law.

4. A relocation management company in the course of employee relocation pursuant to its relocation policy.
A.R.S. § 32-2024 — Arizona Code / Title 32 / Chapter 19 / Article 2 / Section 2024
32-2024 Examinations
Status: in_force

32-2024. Examinations

A. The board shall prescribe examinations for licensure and determine the passing score.

B. An applicant may take the examinations for licensure if either of the following applies:

1. The applicant has met all of the requirements of section 32-2022, subsection A, paragraphs 1 and 2 and has paid the fees prescribed by this chapter.

2. The applicant has:

(a) Met all of the requirements of section 32-2022, subsection A, paragraph 1.

(b) Paid the fees prescribed by this chapter.

(c) Submitted with the application a letter on the official letterhead of the accredited educational institution where the applicant is completing an accredited educational program that includes the signature of the program director, the department chairperson or a similarly authorized person of the university or college and that states that:

(i) The applicant is a candidate for a degree as a physical therapist at the next scheduled graduation date.

(ii) The date the national examination for licensure is to be taken by the applicant is the one nearest to and before the applicant's expected graduation date and is not more than one hundred twenty days before the date of the applicant's expected graduation date.

(iii) The applicant meets any other established requirements of the accredited educational program, if applicable.

C. An applicant may take the examinations for licensure if the applicant has met all of the requirements of section 32-2022, subsection B, paragraphs 1 through 5 and has paid the fees prescribed by this chapter.

D. An applicant may take the examinations for licensure if either of the following applies:

1. The applicant has met all of the requirements of section 32-2022, subsection D, paragraphs 1 and 2 and has paid the fees prescribed by this chapter.

2. The applicant has:

(a) Met all of the requirements of section 32-2022, subsection D, paragraph 1.

(b) Paid the fees prescribed by this chapter.

(c) Submitted with the application a letter on the official letterhead of the accredited educational institution where the applicant is completing an accredited educational program that includes the signature of the program director, the department chairperson or a similarly authorized person of the university, school or college and that states that:

(i) The applicant is a candidate for a certificate or degree as a physical therapist assistant at the next scheduled graduation date.

(ii) The date the national examination for licensure is to be taken by the applicant is the one nearest to and before the applicant's expected graduation date and is not more than one hundred twenty days before the date of the applicant's expected graduation date.

(iii) The applicant meets any other established requirements of the accredited educational program, if applicable.

E. An applicant for licensure who does not pass the national examination after the first attempt may retake the examination one additional time within six months after the first failure without reapplication for licensure.  An applicant may retake the examinations as prescribed by the organization that administers the examinations.

F. The board shall not issue a license to a person who passes an examination through fraud.

G. The national examination for licensure as a physical therapist shall test entry-level competence related to physical therapy theory, examination and evaluation, diagnosis, prognosis, treatment intervention, prevention and consultation.  The national examination for licensure as a physical therapist assistant shall test for requisite knowledge and skills in the technical application of physical therapy services.
A.R.S. § 32-2197.18 — Arizona Code / Title 32 / Chapter 20 / Article 9 / Section 2197.18
32-2197.18 Recording of actions
Status: in_force

32-2197.18. Recording of actions

A. If the commissioner issues a cease and desist order, obtains a court order enjoining further sales, issues an order of prohibition or suspends approval of a timeshare plan, the action shall be recorded in the book of deeds in the office of the county recorder in any county in which the timeshare property is located.

B. In the event of revocation of any of the orders which require recording in subsection A, an order of release shall be recorded in the same manner.
A.R.S. § 32-1107 — Arizona Code / Title 32 / Chapter 10 / Article 1 / Section 1107
32-1107 Registrar of contractors fund
Status: in_force

32-1107. Registrar of contractors fund

(L24, Ch. 222, sec. 11.  Eff. until 7/1/28)

A. The registrar of contractors fund is established. The registrar of contractors shall administer the fund. The registrar shall deposit, pursuant to sections 35-146 and 35-147, eighty-five percent of all monies collected under this chapter in the registrar of contractors fund and fifteen percent of all monies collected under this chapter in the state general fund, except monies collected for the residential contractors' recovery fund and the contractors' cash bond fund and monies received from civil penalties.

B. The registrar shall use monies in the registrar of contractors fund for carrying out the powers and duties of the registrar and for the purposes of this chapter. Monies deposited in the registrar of contractors fund are subject to section 35-143.01.
A.R.S. § 32-1391.10 — Arizona Code / Title 32 / Chapter 12 / Article 5 / Section 1391.10
32-1391.10 Waiver of purchaser rights
Status: in_force

32-1391.10. Waiver of purchaser rights

The rights granted by this article to purchasers of prearranged funeral agreements funded by trust shall not be abrogated, modified or limited except as provided in this article.
A.R.S. § 32-1929 — Arizona Code / Title 32 / Chapter 18 / Article 2 / Section 1929
32-1929 Biennial registration of pharmacies, wholesalers, third-party logistics providers, manufacturers and similar places; application
Status: in_force

32-1929. Biennial registration of pharmacies, wholesalers, third-party logistics providers, manufacturers and similar places; application

A. Except as provided in section 32-4301, the board shall require and provide for biennial registration of every pharmacy, wholesaler, third-party logistics provider and manufacturer and any other place in which or from which drugs are sold, compounded, dispensed, stocked, exposed, manufactured or offered for sale.

B. Any person desiring to operate, maintain, open or establish a pharmacy, wholesaling firm or manufacturing plant, or any other place in which or from which drugs are manufactured, compounded, dispensed, stocked, exposed, sold or offered for sale, shall apply to the board for a permit before engaging in any such activity.

C. The application for a permit to operate a pharmacy, drug manufacturing facility or wholesaling facility in this state shall be made on a form prescribed and furnished by the board, which, when properly executed, indicates the ownership, trustee, receiver or other person or persons desiring the permit, including the pharmacist responsible to the board for the operation of a pharmacy or drug manufacturing facility, or other individual approved by and responsible to the board for the operation of wholesaling facilities, as well as the location, including the street name and number, and such other information as required by the board to establish the identity, exact location and extent of activities, in which or from which drugs are sold, manufactured, compounded, dispensed, stocked, exposed or offered for sale.

D. The application for a permit to operate a pharmacy, drug manufacturing facility or wholesaling facility outside of this state that will dispense, sell, transfer or distribute drugs into this state shall be made on a form prescribed and furnished by the board, which, when properly executed, indicates the ownership, trustee, receiver or other person or persons desiring the permit, including the individual approved by and responsible to the board for the operation of the pharmacy, drug manufacturing facility or wholesaling facility, as well as the location, including the street name and number, and such other information as required by the board to establish the identity, exact location and extent of activities, in which or from which drugs are sold, manufactured, compounded, dispensed, stocked, exposed or offered for sale.

E. If it is desired to operate, maintain, open or establish more than one pharmacy, or any other place of business in which or from which drugs are sold, manufactured, compounded, dispensed, stocked, exposed or offered for sale, a separate application shall be made and a separate permit shall be issued for each place, business or outlet.
A.R.S. § 32-532 — Arizona Code / Title 32 / Chapter 5 / Article 3 / Section 532
32-532 Instructors; license reciprocity
Status: in_force

32-532. Instructors; license reciprocity

Notwithstanding section 32-531, a person is entitled to receive a license to teach barbering, cosmetology, aesthetics, nail technology or hairstyling in a school if the person submits to the board an application for an instructor license on a form prescribed by the board, pays the prescribed fees and meets one of the following:

1. Is a current licensed barbering instructor, cosmetology instructor, aesthetics instructor, nail technology instructor or hairstyling instructor in another state or country.

2. Is a current licensed barber, cosmetologist, aesthetician, nail technician or hairstylist in another state or country and has at least one year of instructor experience in the other state or country in barbering, cosmetology, aesthetics, nail technology or hairstyling, or any combination of these practices.

3.  Meets all of the following:

(a) Either:

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

(ii) Holds a diploma from a high school or its equivalent as prescribed by the board in its rules and submits to the board satisfactory evidence that the person is at least sixteen years of age.

(b) Is a licensed barber, cosmetologist, aesthetician, nail technician or hairstylist in another state or country.

(c) Completes instructor training in another state or country that has instructor education requirements that are at least substantially equivalent to those of this state.

(d) Passes a written examination and a practical examination for an instructor license.

(e) Has five years of licensed industry experience within the ten years preceding application.

(f) Meets requirements as prescribed by the board in its rules.

(g) Completes an infection prevention, sanitation and law review class provided by the board.
A.R.S. § 32-1128 — Arizona Code / Title 32 / Chapter 10 / Article 2 / Section 1128
32-1128 Asbestos educational pamphlet
Status: in_force

32-1128. Asbestos educational pamphlet

A. The director of occupational safety and health within the industrial commission with the assistance of the registrar of contractors and the director of the department of environmental quality shall prepare an educational pamphlet relating to asbestos to help contractors identify asbestos in the workplace and to inform them of state and federal asbestos rules and of the health hazards associated with asbestos contact.

B. The registrar shall distribute asbestos educational pamphlets with each contractor's license or license renewal.
A.R.S. § 32-3903 — Arizona Code / Title 32 / Chapter 39 / Article 1 / Section 3903
32-3903 Powers and duties of the board
Status: in_force

32-3903. Powers and duties of the board

A. The board shall:

1. Adopt rules necessary to enforce this chapter.

2. Initiate investigations and take disciplinary actions to enforce this chapter.

3. Evaluate the qualifications of applicants and issue licenses to qualified applicants.

4. Adopt and use a seal to authenticate official board documents.

5. Establish fees pursuant to section 32-3927.

6. Adopt rules for clinical training.

B. The board may:

1. Subject to title 41, chapter 4, article 4, employ personnel needed to carry out board functions.

2. Purchase, lease, rent, sell or otherwise dispose of personal and real property for the operations of the board.

3. Approve examinations for licensure.
A.R.S. § 32-1406 — Arizona Code / Title 32 / Chapter 13 / Article 1 / Section 1406
32-1406 Arizona medical board fund
Status: in_force

32-1406. Arizona medical board fund

(L24, Ch. 222, sec. 15.  Eff. until 7/1/28)

A. The Arizona medical board fund is established. Pursuant to sections 35-146 and 35-147, the board shall deposit fifteen percent of all monies collected under the provisions of this chapter in the state general fund and deposit the remaining eighty-five percent in the Arizona medical board fund.

B. Monies deposited in the fund are subject to section 35-143.01.
A.R.S. § 32-1939 — Arizona Code / Title 32 / Chapter 18 / Article 2 / Section 1939
32-1939 Condition of probation; repayment of inspection costs
Status: in_force

32-1939. Condition of probation; repayment of inspection costs

A. As a condition of probation, the board may require that a licensee or permittee be subject to additional compliance inspections or audits and pay the reasonable costs of these inspections and audits. These costs shall not exceed one thousand dollars. The board shall limit these additional inspections to no more than two per year.

B. Monies received pursuant to subsection A of this section shall be deposited, pursuant to sections 35-146 and 35-147, in the Arizona state board of pharmacy fund.

C. If a licensee or permittee fails to comply with a board order regarding the costs of additional inspections and audits, the board may enforce its order in the superior court in Maricopa County. The board may also impose additional sanctions against the licensee or permittee.
A.R.S. § 32-515 — Arizona Code / Title 32 / Chapter 5 / Article 2 / Section 515
32-515 Reexaminations
Status: in_force

32-515. Reexaminations

A. An applicant who fails an examination for a license pursuant to this article is entitled to a reexamination.

B. If an applicant fails either part of the examination, the applicant shall only retake the part of the examination that the applicant failed.

C. If one year or more elapses between an applicant's initial examination and reexamination, the applicant shall take both the written and practical parts of the examination.

D. An applicant desiring to be reexamined shall:

1. Apply to the board, if the board is administering the examination, on forms it prescribes and furnishes or to a national professional organization selected by the board to administer the examination.

2. Pay the prescribed examination fee.
A.R.S. § 32-1329 — Arizona Code / Title 32 / Chapter 12 / Article 2 / Section 1329
32-1329 Reexamination
Status: in_force

32-1329. Reexamination

A. An applicant who fails to pass the national board examination or the state laws and rules examination may retake the examination within one year after the date that the applicant filed a license application with the department. A person who desires to retake the state laws and rules examination shall request that the department schedule a second examination and shall submit the applicable fee pursuant to section 32-1309.

B. An applicant who fails to pass the national board examination or the state laws and rules examination within one year after the date that the applicant originally filed a license application shall submit a new license application and the applicable fee pursuant to section 32-1309.
A.R.S. § 32-2633 — Arizona Code / Title 32 / Chapter 26 / Article 4 / Section 2633
32-2633 Identification cards
Status: in_force

32-2633. Identification cards

Each holder of a license or registration certificate issued under this chapter shall obtain a standard identification card that is issued by the department. The department shall determine the size and design of the identification card and the card shall contain the following information:

1. Name of employee.

2. Date of expiration.

3. Photograph of employee.

4. Physical description of employee.

5. Employee's registration number.

6. If the employee is an armed security guard, information identifying the employee as an armed security guard and the name of the authorizing employer.

7. Such other information as may be determined necessary by the director.
A.R.S. § 32-2238 — Arizona Code / Title 32 / Chapter 21 / Article 3 / Section 2238
32-2238 Violations; classification
Status: in_force

32-2238. Violations; classification

A. A person is guilty of a class 1 misdemeanor who:

1. Practices veterinary medicine or surgery under an assumed name.

2. Falsely impersonates another practitioner.

3. Fraudulently obtains a veterinary medical diploma, license or record of registration.

4. Practices veterinary medicine or surgery without a license and registration.

5. Unlawfully assumes or advertises a veterinary title conveying the impression that the person is a lawful practitioner.

6. Knowingly violates any other provision of this chapter.

B. This chapter does not prohibit any of the following:

1. A person from practicing veterinary medicine or any of its branches in partnership with another practitioner, or under a partnership or firm name, if the partnership or firm is clearly identified as that of a practicing veterinarian, and if all members of the partnership or firm are licensed to practice veterinary medicine by the board.

2. A veterinary student from performing acts of health care or prescribed veterinary procedures as a part of the student's educational experience if both of the following apply:

(a) The acts are assigned by a licensed veterinarian or a licensed veterinary faculty member who is responsible for the animal's care.

(b) The student works under the direct supervision of a licensed veterinarian or a licensed veterinary faculty member.

3. A licensed veterinary faculty member from performing the licensed veterinary faculty member's regular clinical functions, from giving lectures, instructions or demonstrations or from practicing veterinary medicine as a veterinary faculty member in connection with continuing education courses or seminars to licensed veterinarians, certified veterinary technicians, veterinary students or veterinary technician students.
A.R.S. § 32-1346 — Arizona Code / Title 32 / Chapter 12 / Article 2.1 / Section 1346
32-1346 Alkaline hydrolysis facilities; nontransferability of license; interim permits; confidentiality; definition
Status: in_force

32-1346. Alkaline hydrolysis facilities; nontransferability of license; interim permits; confidentiality; definition

A. An alkaline hydrolysis facility license issued by the department is not transferable or subject to sale or assignment, whether by a voluntary or involuntary process.

B. If a change of ownership of an alkaline hydrolysis facility occurs, the licensee shall notify the department in writing and shall surrender the license to the department within twenty days after the change of ownership. The new owner shall also notify the department in writing within twenty days after the change of ownership and shall submit an application for an alkaline hydrolysis facility license to the department pursuant to section 32-1344.

C. The department shall issue an interim permit to the new owner of an alkaline hydrolysis facility to allow the new owner to continue operating the alkaline hydrolysis facility during the period that the new owner's license application is pending if the following conditions are met:

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

2. The alkaline hydrolysis facility continues to meet the requirements of section 32-1342.

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

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

F. Until the new owner's license is issued, the department shall keep confidential all notices filed with the department by the prospective new owner of an alkaline hydrolysis facility pursuant to this section.

G. For the purposes of this section, "regular business hours" means between the hours of 8:00 a.m. and 5:00 p.m. on any day of the week other than Saturday, Sunday or any other legal holiday or a day on which the department is authorized or obligated by law or executive order to close.
A.R.S. § 32-1940 — Arizona Code / Title 32 / Chapter 18 / Article 2 / Section 1940
32-1940 Investigations; hearings; conferences; records; confidentiality
Status: in_force

32-1940. Investigations; hearings; conferences; records; confidentiality

A. Information received and records kept by the board in connection with investigations conducted pursuant to this chapter are confidential and are not open to the public or subject to civil discovery.

B. Notwithstanding any other law or code of ethics regarding practitioner confidences, the physician-patient privilege between a medical practitioner and a patient, both as it relates to the competency of the witness and to the exclusion of confidential communications, does not pertain to any board investigations or other proceedings conducted pursuant to this chapter to the extent necessary to determine whether a violation of this chapter has occurred. Communications or records disclosed pursuant to this subsection are confidential and may be used only in a judicial or administrative proceeding or investigation resulting from a report, investigation or hearing required or authorized under this chapter.

C. The board, its employees and agents and any other person receiving this information shall keep the identity of the patient confidential at all times.

D. The board shall report evidence of a crime uncovered during an investigation to the appropriate criminal justice agency.

E. This section does not prevent the board from disclosing investigative materials concerning a licensee's alleged violation of this chapter to the licensee, the licensee's attorney, another state or federal regulatory agency or a law enforcement agency.
A.R.S. § 32-3442 — Arizona Code / Title 32 / Chapter 34 / Article 3 / Section 3442
32-3442 Disciplinary action; informal meetings; formal interviews; hearings; penalties; reinstatement of license
Status: in_force

32-3442. Disciplinary action; informal meetings; formal interviews; hearings; penalties; reinstatement of license

A. The board may:

1. Receive written complaints filed against licensees and conduct investigations.

2. Conduct an investigation at any time on its own initiative without receipt of a written complaint if the board has reason to believe:

(a) That there may be a violation of this chapter, a rule adopted pursuant to this chapter or a written board order.

(b) That a licensee is or may be guilty of unprofessional conduct or is or may be acting outside the scope of practice.

(c) That a licensee is or may be incompetent.

B. Any occupational therapist, occupational therapy assistant or health care institution as defined in section 36-401 shall report to the board any information the occupational therapist, occupational therapy assistant, health care institution or individual may have that appears to show that an occupational therapist or an occupational therapy assistant is or may be guilty of unprofessional conduct or is or may be incompetent.

C. A person who provides information to the board in good faith pursuant to subsection A or B of this section is not subject to an action in civil damages as a result of providing the information.

D. Within sixty days of receipt of a written complaint pursuant to subsection A of this section or information pursuant to subsection B of this section, the board shall notify the licensee about whom information has been received as to the content of the complaint or information.

E. The board may request an informal meeting or a formal interview with the licensee or any other person to further its investigation or to resolve a complaint.

F. If a licensee refuses the board's request for an informal meeting or a formal interview, or in place of holding an informal meeting or a formal interview, the board shall hold a hearing pursuant to title 41, chapter 6, article 10.

G. If the results of an informal meeting or a formal interview indicate that suspension or revocation of the licensee's license or a civil penalty might be appropriate, the board shall notify the licensee of the time and place for a hearing pursuant to title 41, chapter 6, article 10.

H. If at the informal meeting or formal interview the board finds a violation of this chapter, but the violation is not of sufficient seriousness to merit a civil penalty or suspension or revocation of a license, it may take one or more of the following actions:

1. Issue a decree of censure.

2. Establish length and terms of probation best adapted to protect the public health and safety and rehabilitate or educate the licensee.  Probation may include:

(a) Submission of the licensee to examinations to determine the mental or physical condition or professional competence of the licensee at the licensee's expense.

(b) Occupational therapy training or education that the board believes to be necessary to correct deficiencies.

(c) Review or supervision of the licensee's practice that the board finds necessary to identify and correct deficiencies in the practice, including a requirement that the licensee regularly report to the board on matters related to the licensee's probationary requirements.

(d) Restrictions on the nature and scope of practice to ensure that the licensee does not practice beyond the limits of the licensee's capabilities.

3. Issue a letter of concern.

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

5. Dismiss the complaint.

I. In addition to the terms of probation described in subsection H, paragraph 2 of this section, probation may also include temporary suspension or restriction of the licensee's license to practice.  A licensee's failure to comply with probation or any other board order is cause for a hearing pursuant to title 41, chapter 6, article 10.

J. At the licensee's expense the board may require any combination of a physical, mental or occupational therapy competence examination as part of a board investigation, including, if necessary, the taking of depositions as may be required to fully inform itself with respect to the allegations presented by the complaint.  These examinations may include biological fluid testing.

K. Any licensee who, after a hearing, is found guilty of unprofessional conduct or incompetence is subject to the following:

1. A decree of censure.

2. Probation as provided in this section.

3. Suspension or revocation of the license.

4. Imposition of a civil penalty of not less than two hundred fifty dollars nor more than ten thousand dollars for each violation of this chapter.

5. Any combination of these sanctions for a period of time or permanently and under conditions as the board deems appropriate for the protection of the public health and safety.

L. A licensee shall return to the board a revoked or suspended license within fifteen days after it is revoked or suspended.

M. The board may reinstate a person's license that has been suspended for less than two years pursuant to this section if the person pays a renewal fee and a reinstatement fee as prescribed by the board by rule and completes the reapplication process as prescribed by the board.

N. The board may reinstate a person's license that has been suspended for more than two years pursuant to this section if the person does all of the following:

1. Reapplies for a license pursuant to section 32-3423.

2. To the board's satisfaction, demonstrates competency to practice.

3. Completes any other requirements prescribed by the board.
A.R.S. § 32-2044 — Arizona Code / Title 32 / Chapter 19 / Article 3 / Section 2044
32-2044 Grounds for disciplinary action
Status: in_force

32-2044. Grounds for disciplinary action

The following are grounds for disciplinary action:

1. Violating this chapter, board rules or a written board order.

2. Practicing or offering to practice beyond the scope of the practice of physical therapy.

3. Obtaining or attempting to obtain a license by fraud or misrepresentation.

4. Engaging in the performance of substandard care by a physical therapist due to a deliberate or negligent act or failure to act regardless of whether actual injury to the patient is established.

5. Engaging in the performance of substandard care by a physical therapist assistant, including exceeding the authority to perform tasks selected and delegated by the supervising licensee regardless of whether actual injury to the patient is established.

6. Failing to supervise assistive personnel, physical therapy students or interim permit holders in accordance with this chapter and rules adopted pursuant to this chapter.

7. Conviction of a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. In either case conviction by a court of competent jurisdiction is conclusive evidence of the commission and the board may take disciplinary action when the time for appeal has lapsed, when the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order. For the purposes of this paragraph, "conviction" means a plea or verdict of guilty or a conviction following a plea of nolo contendere.

8. Practicing as a physical therapist or working as a physical therapist assistant when physical or mental abilities are impaired by disease or trauma, by the use of controlled substances or other habit-forming drugs, chemicals or alcohol or by other causes.

9. Having had a license or certificate revoked or suspended or other disciplinary action taken or an application for licensure or certification refused, revoked or suspended by the proper authorities of another state, territory or country.

10. Engaging in sexual misconduct. For the purposes of this paragraph, "sexual misconduct" includes:

(a) Engaging in or soliciting sexual relationships, whether consensual or nonconsensual, while a provider-patient relationship exists.

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

(c) 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.

11. Directly or indirectly requesting, receiving or participating in the dividing, transferring, assigning, rebating or refunding of an unearned fee or profiting by means of any credit or other valuable consideration such as an unearned commission, discount or gratuity in connection with the furnishing of physical therapy services. This paragraph does not prohibit the members of any regularly and properly organized business entity recognized by law and composed of physical therapists from dividing fees received for professional services among themselves as they determine necessary to defray their joint operating expense.

12. Failing to adhere to the recognized standards of ethics of the physical therapy profession.

13. Charging unreasonable or fraudulent fees for services performed or not performed.

14. Making misleading, deceptive, untrue or fraudulent representations in violation of this chapter or in the practice of the profession.

15. Having been adjudged mentally incompetent by a court of competent jurisdiction.

16. Aiding or abetting a person who is not licensed in this state and who directly or indirectly performs activities requiring a license.

17. Failing to report to the board any direct knowledge of an unprofessional, incompetent or illegal act that appears to be in violation of this chapter or board rules.

18. Interfering with an investigation or disciplinary proceeding by failing to cooperate, by wilful misrepresentation of facts or by the use of threats or harassment against any patient or witness to prevent the patient or witness from providing evidence in a disciplinary proceeding or any legal action.

19. Failing to maintain patient confidentiality without prior written consent of the patient or unless otherwise required by law.

20. Failing to maintain adequate patient records. For the purposes of this paragraph, "adequate patient records" means legible records that comply with board rules and that contain at a minimum an evaluation of objective findings, a diagnosis, the plan of care, the treatment record, a discharge summary and sufficient information to identify the patient.

21. Promoting an unnecessary device, treatment intervention or service for the financial gain of the practitioner or of a third party.

22. Providing treatment intervention unwarranted by the condition of the patient or treatment beyond the point of reasonable benefit.

23. Failing to report to the board a name change or a change in business or home address within thirty days after that change.

24. Failing to complete continuing competence requirements as established by the board by rule.

25. Failing to demonstrate professional standards of care and training and education qualifications, as established by the board by rule, in the performance of dry needling when provided as a therapeutic modality.
A.R.S. § 32-854.01 — Arizona Code / Title 32 / Chapter 7 / Article 3 / Section 854.01
32-854.01 Unprofessional conduct
Status: in_force

32-854.01. Unprofessional conduct

Unprofessional conduct includes the following conduct, whether it occurs in this state or elsewhere:

1. Requesting, listing, accepting or receiving any rebate or commission for prescribing or recommending any footwear, drug, medicine, or other article to the licensee's patients.

2. Prescribing, dispensing or pretending to use, in treating any patient, any secret remedial agent, or manifesting or promoting its use in any way, or guaranteeing or implying to guarantee any treatment, therapy or remedy.

3. Representing that a disease or infirmity can be permanently cured, or that any disease, ailment or infirmity can be cured by a secret method, procedure, treatment, medicine or device, if this is not true.

4. Practicing podiatry under a trade name, under the name of another podiatrist, under any other name than that which appears on the practitioner's license, or under any title that misrepresents the practice of podiatry.

5. Advertising in a false, deceptive or misleading manner or advertising the quality of podiatric service.

6. Employing a solicitor to obtain business.

7. Fee splitting under any guise whatsoever.

8. Failing to report as required in section 32-852.01, subsection A.

9. Failing to obtain written informed consent from a patient before the licensee performs any surgical procedure on the patient.

10. Committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. In either case, conviction by any court of competent jurisdiction is conclusive evidence that the licensee committed the crime.

11. Failing or refusing to maintain adequate records on:

(a) A patient who is eighteen years of age or older for at least six years.

(b) A patient who is under eighteen years of age for the later of either:

(i) Three years after the patient's eighteenth birthday.

(ii) Six years after the last date the patient received medical or health care services from the licensee.

12. Failing or refusing to make a patient's records available to a physician or another podiatrist within twenty-one days after a request and the receipt of proper authorization.

13. Habitual intemperance in the use of alcohol or habitual substance abuse.

14. Using controlled substances or prescription-only drugs except if provided by a physician for use during a prescribed lawful course of treatment.

15. Prescribing controlled substances to members of the podiatrist's immediate family.

16. Providing any controlled substance or prescription-only drug for other than accepted therapeutic purposes.

17. Dispensing a schedule II controlled substance that is an opioid, except as provided in section 32-3248.03.

18. Committing gross malpractice, repeated malpractice or any malpractice resulting in the death of a patient.

19. 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.

20. Violating any federal or state law applicable to the practice of podiatry.

21. Having the licensee's license refused, revoked or suspended by any other licensing jurisdiction for inability to safely and skillfully practice podiatry or for unprofessional conduct as defined by that jurisdiction that directly or indirectly corresponds to any act of unprofessional conduct as prescribed by this section or any act under section 32-852.

22. Committing any conduct or practice that is or might be harmful or dangerous to the health of a patient.

23. Violating any formal order, probation or stipulation issued by the board pursuant to this chapter.

24. Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision of this chapter.

25. Charging or collecting a clearly excessive fee. In determining the reasonableness of a fee, the fee customarily charged in the locality for similar services shall be considered in light of modifying factors, such as the time required, the complexity of the service and the skill requisite to perform the service properly. This paragraph does not apply if there is a clear written contract for a fixed fee between the podiatrist and the patient that has been entered into before the licensee provides the service.

26. Obtaining a fee by fraud, deceit or misrepresentation.

27. Charging a fee for services not rendered.

28. Failing to dispense drugs and devices in compliance with article 4 of this chapter.
A.R.S. § 32-2091.03 — Arizona Code / Title 32 / Chapter 19.1 / Article 4 / Section 2091.03
32-2091.03 Educational and training standards for licensure
Status: in_force

32-2091.03. Educational and training standards for licensure

A. An applicant for licensure as a behavior analyst must meet standards adopted by the state board of psychologist examiners, including meeting graduate-level education and supervised experience requirements and passing a national examination. The state board of psychologist examiners shall adopt standards consistent with the standards set by a nationally recognized behavior analyst certification board, except that:

1. The number of hours required for supervised experience must be at least one thousand five hundred hours of supervised work experience.

2. If the experience was obtained in a state that licensed behavior analysts at the time of the supervised work experience, the supervisor must be licensed in the state where the behavior analysis trainee services were provided.

B. The standards adopted for supervised experience must also be consistent with the standards set by a nationally recognized behavior analyst certification board.  If the state board of psychologist examiners does not agree with a standard set by a nationally recognized behavior analyst certification board, the state board may adopt an alternate standard.
A.R.S. § 32-1650.07 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1650.07
32-1650.07 Certified medication assistants; use of title
Status: in_force

32-1650.07. Certified medication assistants; use of title

Only a person who is certified as a medication assistant by the board may:

1. Use the title "certified medication assistant" or "medication assistant-certified".

2. Use the initials "C.M.A.".

3. Claim to be certified as a medication assistant.
A.R.S. § 32-1101 — Arizona Code / Title 32 / Chapter 10 / Article 1 / Section 1101
32-1101 Definitions
Status: in_force

32-1101. Definitions

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

1. "Advertisement" means any written or oral publication, dissemination, solicitation or circulation that is intended to directly or indirectly induce any person to enter into an agreement for contracting services with a contractor, including business cards and telephone directory display advertisements.

2. "Commercial contractor" is synonymous with the terms "commercial builder", "industrial builder" and "public works builder" and means any person, firm, partnership, corporation, association or other organization, or a combination of any of them, that, for compensation, undertakes to or offers to undertake to, purports to have the capacity to undertake to, submits a bid or responds to a request for qualification or a request for proposals for construction services to, does himself or by or through others, or directly or indirectly supervises others, except within residential property lines, to:

(a) Construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or any other structure or work in connection with the construction.

(b) Connect such a structure or improvements to utility service lines and metering devices and the sewer line.

(c) Provide mechanical or structural service for any such structure or improvements.

3. "Contractor":

(a) Is synonymous with the term "builder" and means any person, firm, partnership, corporation, association or other organization, or a combination of any of them, that, for compensation, undertakes to or offers to undertake to, purports to have the capacity to undertake to, submits a bid or responds to a request for qualification or a request for proposals for construction services to, does himself or by or through others, or directly or indirectly supervises others to:

(i) Construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or any other structure or work in connection with the construction.

(ii) Connect such a structure or improvements to utility service lines and metering devices and the sewer line.

(iii) Provide mechanical or structural service for any such structure or improvements.

(b) Includes subcontractors, specialty contractors, floor covering contractors, hardscape contractors and consultants who represent that they are able to supervise or manage a construction project for the property owner's benefit, including hiring and firing specialty contractors, scheduling work on the project and selecting and purchasing construction material.

4. "Dual licensed contractor" is synonymous with the term "commercial and residential builder" and means any person, firm, partnership, corporation, association or other organization, or a combination of any of them, that for compensation undertakes to or offers to undertake to, purports to have the capacity to undertake to, submits a bid or responds to a request for qualification or a request for proposals for construction services to, does himself or by or through others, or directly or indirectly supervises others under a single license on commercial or residential property to:

(a) Construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, excavation or other structure or improvement, including any appurtenances, or to do any part thereof.

(b) Connect such a structure or improvements to utility service lines and metering devices and the sewer line.

(c) Provide mechanical or structural service for any such structure or improvements.

5. "License" means an authorization for the person who is listed on the electronic, paper or other records maintained by the registrar to act in the capacity of a contractor.

6. "Named on a license" means required to be identified pursuant to section 32-1122, subsection B.

7. "Person" means a corporation, company, partnership, firm, association, trust, society or natural person.

8. "Qualifying party" means a person who is responsible for a licensee's actions and conduct performed under the license and who either:

(a) Has an ownership interest in the license.

(b) Is regularly employed by the licensee.

9. "Registrar" means the registrar of contractors.

10. "Residential contractor":

(a) Is synonymous with the term "residential builder" and means any person, firm, partnership, corporation, association or other organization, or a combination of any of them, that for compensation undertakes to or offers to undertake to, purports to have the capacity to undertake to, submits a bid or responds to a request for qualification or a request for proposals for construction services to, or does himself or by or through others, within residential property lines:

(i) Construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any residential structure, such as houses, townhouses, condominiums or cooperative units and any appurtenances on or within residential property lines.

(ii) Connect such a residential structure to utility service lines, metering devices or sewer lines.

(iii) Provide mechanical or structural service for any such residential structure.

(b) Does not include an owner making improvements to the owner's property pursuant to section 32-1121, subsection A, paragraph 5.

B. Only contractors as defined in this section are licensed and regulated by this chapter.
A.R.S. § 32-3652 — Arizona Code / Title 32 / Chapter 36 / Article 4 / Section 3652
32-3652 Registration; renewal; fees
Status: in_force

32-3652. Registration; renewal; fees

A. An individual who wishes to act as a property tax agent shall apply for registration by submitting to the deputy director a completed application form prescribed by the deputy director with the initial registration fee. The applicant shall also file with the deputy director an affidavit stating whether the applicant has been convicted of a felony or any misdemeanor involving dishonesty or moral turpitude in this or any other state within the last ten years. The deputy director may review the affidavit and issue or deny the registration based on its findings.

B. Except as provided in section 32-4301, registration is valid for two years. An individual may renew a registration by submitting to the deputy director a renewal form prescribed by the deputy director with the renewal fee on or before the date the registration expires.

C. An appraiser who is licensed or certified pursuant to this chapter may register and renew registration as a property tax agent without paying the fee prescribed by this section.

D. The deputy director shall issue a certificate of registration to an individual if the individual complies with this section and is not prohibited from registering pursuant to section 32-3654.

E. A person shall not act as a property tax agent if the person is not registered pursuant to this section.

F. The deputy director shall collect from each individual a fee of:

1. $200 for an initial registration.

2. $100 for a renewal.
A.R.S. § 32-4003 — Arizona Code / Title 32 / Chapter 40 / Article 1 / Section 4003
32-4003 Reporter certification; violation
Status: in_force

32-4003. Reporter certification; violation

A. A person shall not report proceedings in any court in this state and shall not report depositions in this state for use in any court in this state unless the person is certified pursuant to this chapter.

B. A certified reporter shall sign and certify each transcript that the certified reporter prepares before the transcript may be used in court, except for transcripts that the reporter prepares for proceedings that occurred before July 1, 2000.

C. A certified reporter shall include the title "certified reporter" or the abbreviation "CR" and the reporter's certificate number on the title or cover page of any transcript, on any business card, advertisement or letterhead and on the certificate of any transcript.

D. It is unlawful for any person who is not certified pursuant to this chapter to represent oneself as a certified reporter.
A.R.S. § 32-3602 — Arizona Code / Title 32 / Chapter 36 / Article 1 / Section 3602
32-3602 Applicability of chapter
Status: in_force

32-3602. Applicability of chapter

This chapter does not apply to:

1. A real estate broker or salesperson who is licensed in this state and who, when acting as such, gives an opinion as to the price of real estate if this opinion is not referred to as an appraisal.

2. A natural person, a corporation through its officers or a partnership through its partners that gives an opinion of value of that person's or its own property and does not receive special compensation for the transaction if this opinion is not referred to as an appraisal.

3. An attorney in the performance of that person's duties as an attorney.

4. A mortgage banker, mortgage broker or commercial mortgage banker who is licensed in this state and who, when acting as such, prepares a report analyzing real property if the report is not made for the primary purpose of establishing the sale or market value of the property.

5. An individual who is otherwise subject to licensing or certification by law and whose duties require appraisal of real property for purposes of tax assessment.

6.  An engineer or architect registered in this state or a contractor or insurance producer licensed in this state who, when acting as such, prepares a report analyzing real property if the report utilizes the specialized knowledge of the registered engineer or architect or the licensed contractor or insurance producer.

7. A property tax agent who is registered in this state and who, when acting as such, prepares a report analyzing real estate if the report is made for purposes of tax assessment or tax valuation of the real estate.

8. An individual appraising real property only for the purpose of providing an opinion in a judicial proceeding or an individual providing an opinion in a judicial proceeding.  An individual providing an opinion under the exemption of this paragraph shall not represent or imply in any report or testimony that the individual testifying is licensed or certified under this chapter.

9. A person who produces a statement that is provided to any other person concerning the estimated value of real property through an internet website, automated valuation or other software program or other means of comparative market analysis and who discloses that the estimate is not an appraisal.
A.R.S. § 32-852 — Arizona Code / Title 32 / Chapter 7 / Article 3 / Section 852
32-852 Revocation or suspension of or refusal to issue license; civil penalty
Status: in_force

32-852. Revocation or suspension of or refusal to issue license; civil penalty

A. The board, after notice and a hearing, may suspend, revoke or refuse to issue a license on proof against the applicant or licensee of any of the following:

1. That the applicant or licensee wilfully revealed a privileged communication except as required by law. This paragraph does not prevent members of the board from the full and free exchange of information with licensing and disciplinary boards of other states or jurisdictions of the United States, with foreign countries or with any podiatry society of this state or any other state, county, district, territory or country.

2. That the applicant or licensee knowingly made a false or fraudulent statement, written or oral, required for application or licensing or in connection with the practice of podiatry.

3. That the applicant or licensee had a professional association with or loaned the use of the applicant's or licensee's name to an unlicensed podiatrist or an illegal practitioner of any of the healing arts.

4. That the licensee violated a provision of section 32-854.

5. That the applicant or licensee is guilty of other conduct that disqualifies the applicant or licensee to practice podiatry with regard to the safety and welfare of the public.

6. That the licensee is guilty of unprofessional conduct as defined in section 32-854.01.

B. The board may impose against a licensee determined by the board to be in violation of this section a civil penalty of not more than two thousand dollars. The board shall deposit, pursuant to sections 35-146 and 35-147, all monies it collects from civil penalties it imposes pursuant to this section in the state general fund.
A.R.S. § 32-2239.02 — Arizona Code / Title 32 / Chapter 21 / Article 3 / Section 2239.02
32-2239.02 Duty of veterinarian to scan for presence of microchip; owner notification
Status: in_force

32-2239.02. Duty of veterinarian to scan for presence of microchip; owner notification

For all stray dogs and cats brought to a veterinary premises, the veterinarian shall thoroughly scan for the presence of a microchip and make a reasonable effort to contact the owner.
A.R.S. § 32-1471 — Arizona Code / Title 32 / Chapter 13 / Article 4 / Section 1471
32-1471 Health care provider and any other person; emergency aid; nonliability
Status: in_force

32-1471. Health care provider and any other person; emergency aid; nonliability

Any health care provider licensed or certified to practice as such in this state or elsewhere, or a licensed ambulance attendant, driver or pilot as defined in section 41-1831, or any other person who renders emergency care at a public gathering or at the scene of an emergency occurrence gratuitously and in good faith shall not be liable for any civil or other damages as the result of any act or omission by such person rendering the emergency care, or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the injured persons, unless such person, while rendering such emergency care, is guilty of gross negligence.
A.R.S. § 32-1267 — Arizona Code / Title 32 / Chapter 11 / Article 3 / Section 1267
32-1267 Use of fraudulent instruments; classification
Status: in_force

32-1267. Use of fraudulent instruments; classification

A person is guilty of a class 5 felony who:

1. Knowingly presents to or files with the board as his own a diploma, degree, license, certificate or identification belonging to another, or which is forged or fraudulent.

2. Exhibits or displays any instrument described in paragraph 1 with intent that it be used as evidence of the right of such person to practice dentistry in this state.

3. With fraudulent intent alters any instrument described in paragraph 1 or uses or attempts to use it when so altered.

4. Sells, transfers or offers to sell or transfer, or who purchases, procures or offers to purchase or procure a diploma, license, certificate or identification, with intent that it be used as evidence of the right to practice dentistry in this state by a person other than the one to whom it belongs or is issued.
A.R.S. § 32-4152 — Arizona Code / Title 32 / Chapter 41 / Article 3 / Section 4152
32-4152 Use of titles; restrictions; violation; classification
Status: in_force

32-4152. Use of titles; restrictions; violation; classification

A. An athletic trainer shall use the letters "AT" or the title "athletic trainer", or both, in connection with the athletic trainer's name or place of business to denote licensure under this chapter.

B. A person or business entity or its employees, agents or representatives shall not use in connection with that person's name or the name or activity of the business the words "athletic training" or "athletic trainer", the letters "AT/L", "L/AT", "ATC/L", "L/ATC", "A.T.", "AT", "L.A.T." or "A.T.L." or any other words, abbreviations or insignia indicating or implying directly or indirectly that athletic training is provided or supplied unless the services are provided by an athletic trainer licensed pursuant to this chapter.  A person or entity that violates this subsection is guilty of a class 1 misdemeanor.
A.R.S. § 32-585 — Arizona Code / Title 32 / Chapter 5 / Article 7 / Section 585
32-585 Authority of this compact commission and member state licensing authorities
Status: in_force

32-585. Authority of this compact commission and member state licensing authorities

A. This compact and any commission rule may not be construed to limit, restrict or in any way reduce the ability of a member state to enact and enforce laws or rules related to the practice of cosmetology in that state, if those laws or rules are consistent with the provisions of this compact.

B. Insofar as practical, a member state's state licensing authority shall cooperate with the commission and with each entity exercising independent regulatory authority over the practice of cosmetology according to the provisions of this compact.

C. Discipline is the sole responsibility of the state in which cosmetology services are provided.  Accordingly, each member state's state licensing authority is responsible for receiving complaints about individuals practicing cosmetology in that state and for communicating all relevant investigative information about any adverse action to the other member states through the data system in addition to any other methods the commission may require by rule.
A.R.S. § 32-1650.05 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1650.05
32-1650.05 Certified medication assistants; recertification; unprofessional conduct
Status: in_force

32-1650.05. Certified medication assistants; recertification; unprofessional conduct

A. A medication assistant who is certified pursuant to 32-1650.02 may apply for recertification before expiration of the certificate if that person:

1. Submits an application on a board prescribed form accompanied by a fee prescribed by the board by rule before the expiration date on the certificate.

2. Submits an affidavit with the application that the applicant has practiced as a medication assistant for at least one hundred sixty hours in the past two years.

3. Submits an affidavit with the application that indicates whether the applicant has been convicted of a felony, and if convicted of one or more felonies, indicates the date of absolute discharge from the sentences for all felony convictions.

4. Submits a current application to renew the person's licensed nursing assistant license or holds a current licensed nursing assistant license or is registered as a certified nursing assistant and was certified as a medication assistant before July 1, 2016.

B. If the current medication assistant certificate has expired, the board may assess a late fee as prescribed by the board by rule.  A medication assistant who practices with an expired certificate commits an act of unprofessional conduct and is subject to disciplinary action pursuant to this chapter.
A.R.S. § 32-1852 — Arizona Code / Title 32 / Chapter 17 / Article 3 / Section 1852
32-1852 Rights and duties of osteopathic physicians and surgeons; scope of practice
Status: in_force

32-1852. Rights and duties of osteopathic physicians and surgeons; scope of practice

A person holding a license under this chapter to practice medicine and surgery as an osteopathic physician and surgeon shall be subject to all state and local laws and regulations pertaining to public health. In diagnosticating, prognosticating and treating any human ills he shall be subjected to all the same duties and obligations and authorized to exercise all the same rights and privileges possessed by physicians and surgeons of other complete schools of medicine in the practice of their profession.
A.R.S. § 32-1907; Version 2 — Arizona Code / Title 32 / Chapter 18 / Article 1 / Section 1907; Version 2
32-1907; Version 2 Arizona state board of pharmacy fund
Status: in_force

32-1907. Arizona state board of pharmacy fund

(L24, Ch. 222, sec. 28 & Ch. 232, sec. 1.  Eff. 7/1/28)

A. Except as provided in section 32-1939, the executive director shall receive and receipt for all fees and other monies provided for in this chapter and shall deposit, pursuant to sections 35-146 and 35-147, ten percent of such monies in the state general fund and ninety percent in the Arizona state board of pharmacy fund. All monies derived from civil penalties collected pursuant to this chapter shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

B. Except as provided in subsection C of this section, monies deposited in the Arizona state board of pharmacy fund are subject to section 35-143.01.

C. From monies deposited in the Arizona state board of pharmacy fund pursuant to subsection A of this section, the executive director may transfer up to $500,000 annually to the controlled substances prescription monitoring program fund established by section 36-2605 for expenses related to the controlled substances prescription monitoring program as required by title 36, chapter 28.

D. From monies deposited in the Arizona state board of pharmacy fund pursuant to subsection A of this section, the executive director may transfer up to $1,000,000 annually to each the Arizona poison and drug information center and a poison and drug information center that serves maricopa county for the purposes specified in section 36-1161 to supplement, and not supplant, any state general fund appropriation for those purposes.
A.R.S. § 32-1291.01 — Arizona Code / Title 32 / Chapter 11 / Article 4 / Section 1291.01
32-1291.01 Expanded function dental assistants; training and examination requirements; duties
Status: in_force

32-1291.01. Expanded function dental assistants; training and examination requirements; duties

A. A dental assistant may perform expanded functions after meeting one of the following:

1. Successfully completing a board-approved expanded function dental assistant training program at an institution accredited by the American dental association commission on dental accreditation and on successfully completing examinations in dental assistant expanded functions approved by the board.

2. Providing both:

(a) Evidence of currently holding or having held within the preceding ten years a license, registration, permit or certificate in expanded functions in restorative procedures issued by another state or jurisdiction in the United States.

(b) Proof acceptable to the board of clinical experience in the expanded functions listed in subsection B of this section.

B. Expanded functions include the placement, contouring and finishing of direct restorations or the placement and cementation of prefabricated crowns following the preparation of the tooth by a licensed dentist. The restorative materials used shall be determined by the dentist.

C. An expanded function dental assistant may place interim therapeutic restorations under the general supervision and direction of a licensed dentist following a consultation conducted through teledentistry.

D. An expanded function dental assistant may apply sealants and fluoride varnish under the general supervision and direction of a licensed dentist.

E. A licensed dental hygienist may engage in expanded functions pursuant to section 32-1281, subsection B, paragraph 13 following a course of study and examination equivalent to that required for an expanded function dental assistant as specified by the board.
A.R.S. § 32-3214 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3214
32-3214 Board actions; public access to records; website
Status: in_force

32-3214. Board actions; public access to records; website

A. If a health profession regulatory board dismisses a complaint, the record of that complaint is available to that regulatory board and the public pursuant to section 39-121 but may not appear on the board's website. For the purposes of this subsection, "dismisses a complaint" means that a board does not issue a disciplinary or nondisciplinary order or action against a licensee or certificate holder. A pending complaint or investigation may not be disclosed to the public.

B. All disciplinary actions against a licensee or certificate holder shall be available on the health profession regulatory board's website for not more than five years.  If a health profession regulatory board issues a final nondisciplinary order or action, the record of the final nondisciplinary order or action shall be made available on the board's website for not more than five years. Letters of concern and advisory letters may not be made available on the website but a copy of such letters are available to the public pursuant to section 39-121 and shall be provided to any person on request.

C. If a health profession regulatory board maintains a website, the board must display on its website a statement that a person may obtain additional public records related to any licensee or certificate holder, including dismissed complaints and nondisciplinary actions and orders, by contacting the board directly.

D. This section does not prohibit a health profession regulatory board from conducting its authorized duties in a public meeting.

E. Subsections A and B of this section do not apply to meeting minutes and notices kept by the board in accordance with the public meeting requirements of title 38, chapter 3, article 3.1.
A.R.S. § 32-2123 — Arizona Code / Title 32 / Chapter 20 / Article 2 / Section 2123
32-2123 Application for license as broker or salesperson
Status: in_force

32-2123. Application for license as broker or salesperson

A. Every application for an original license shall be either submitted in writing and signed by the applicant or submitted electronically and contain an electronic or digital identifier that the commissioner deems appropriate.  The application shall be accompanied by all applicable fees.

B. An application for an original license as a broker or salesperson shall set forth:

1. The applicant's address of record and legal name and any derivative of the applicant's first name or middle name or a nickname that the applicant regularly uses for advertising purposes.

2. Whether the applicant has ever been convicted of a felony and, if so, the nature of the felony, where and when the felony was committed and the disposition of the conviction, or whether the applicant has been disbarred or suspended from the practice of law.

3. Whether the applicant has ever been refused a broker's or salesperson's license or any other occupational license in this or any other state, whether the applicant's license as a broker or salesperson has been revoked or suspended in this or any other state or whether the applicant has had any other occupational or professional license, certificate or registration revoked or suspended in this or any other state.

4. The name of any corporation, company or partnership that is or ever has been licensed by the department in which the applicant exercised any control.

5. If the applicant is a natural person, the applicant's social security number.  If the applicant, due to bona fide religious convictions or other bona fide reasons that the applicant documents on the application to the satisfaction of the commissioner, does not have a social security number, the applicant may provide the applicant's federal tax identification number with the application. The state real estate department shall use the applicant's social security number or federal tax identification number to aid the department of economic security in locating noncustodial parents or the assets of noncustodial parents, and for no other purpose.

C. An application for a license as a broker additionally shall set forth:

1. The name under which the business is to be conducted.

2. The applicant's address of record.

D. An applicant for a broker's or salesperson's license shall provide information that the commissioner determines is reasonably necessary. The information may include:

1. Prior criminal records.

2. A valid fingerprint clearance card issued pursuant to section 41-1758.03.

3. An affidavit setting out whether the applicant has participated in, operated or held an interest in any land development company that has filed, or is subject to, a petition under any chapter of the federal bankruptcy act.
A.R.S. § 32-3055 — Arizona Code / Title 32 / Chapter 30 / Article 3 / Section 3055
32-3055 Judicial review
Status: in_force

32-3055. Judicial review

Except as provided in section 41-1092.08, subsection H, any person affected by a final administrative decision of the board may have the decision reviewed judicially pursuant to title 12, chapter 7, article 6. If the plaintiff in the review proceedings is not a resident of this state, the venue shall be in Maricopa county.  Service of summons issued in such review proceedings may be had upon the secretary. The board shall not be required to certify the record of the proceedings unless the plaintiff in the review proceedings first pays to the board the reasonable costs thereof.
A.R.S. § 32-2408 — Arizona Code / Title 32 / Chapter 24 / Article 1 / Section 2408
32-2408 Department of public safety licensing fund
Status: in_force

32-2408. Department of public safety licensing fund

A. A department of public safety licensing fund is established consisting of fees collected pursuant to this chapter and chapter 26 of this title.

B. The director shall administer the fund.  Monies in the fund are continuously appropriated to the director to cover the operational and equipment costs of regulating the private investigator and security guard industry.
A.R.S. § 32-1682 — Arizona Code / Title 32 / Chapter 15.1 / Article 2 / Section 1682
32-1682 Applications for a dispensing optician license; original and renewal; examination
Status: in_force

32-1682. Applications for a dispensing optician license; original and renewal; examination

A. An applicant for licensure shall submit a verified application to the board on a form prescribed by the board.  The application shall contain information the board determines is necessary to assist the board in determining the applicant's ability to meet the requirements of this chapter and board rules.

B. A person who wishes to renew a license shall submit a verified renewal application to the board each year on a form prescribed by the board. The renewal application shall contain information the board determines is necessary to assist the board in determining that the applicant is not in default of or in violation of this chapter or board rules and that the licensee continues to meet the requirements of this chapter.

C. The board may require from all applicants any additional information that in its judgment is necessary to assist the board in determining whether the applicant is entitled to initial or continued licensure.

D. To assist it in determining whether an applicant has acquired the minimum basic skills required for optical dispensing, the board shall require a written and practical examination of all applicants for an initial license. This requirement does not apply to applicants who qualify pursuant to section 32-1683, paragraph 4, subdivision (a).  The board may prescribe other reasonable rules relating to the examination of applicants as it determines necessary for the performance of its duties.  The board may accept the results of a written or practical examination prepared by a nationally recognized body as determined by the board in lieu of those portions of an examination prepared by the board if they are at least substantially equivalent to those prepared by the board.  The board may keep all procedures relating to the administration of the examination and the answer keys confidential.
A.R.S. § 32-730.03 — Arizona Code / Title 32 / Chapter 6 / Article 2 / Section 730.03
32-730.03 Expired status
Status: in_force

32-730.03. Expired status

A. A registrant's certificate or registration expires if any of the following applies:

1. Section 32-730.01, subsection D.

2. Section 32-741.01, subsection D.

3. Section 32-741.02, subsection D.

4. The registrant fails to meet firm registration requirements prescribed by this chapter and is not granted or exhausts an extension of time to comply with firm registration requirements pursuant to section 32-731, subsection F.

B. A registrant whose certificate or registration has expired shall not assume or use the CPA designation while the certificate remains on expired status unless the individual qualifies for limited reciprocity privilege pursuant to section 32-725.
A.R.S. § 32-744 — Arizona Code / Title 32 / Chapter 6 / Article 3 / Section 744
32-744 Ownership and custody of working papers and records
Status: in_force

32-744. Ownership and custody of working papers and records

A. All statements, records, schedules, working papers and memoranda prepared by a registrant or a partner, shareholder, officer, director, member, manager or employee of a registrant incidental to or in the course of rendering professional services to a client while a registrant are and shall remain the property of the registrant, except:

1. In the case of an express agreement between the registrant and the client to the contrary.

2. The reports submitted by the registrant to the client.

3. Records that are part of the client's records.

B. Without the consent of the client or the client's personal representative or assignee, no statement, record, schedule, working paper or memorandum may be sold, transferred or bequeathed to anyone other than surviving partners, stockholders or members or new partners, new stockholders, new members of the firm or any combined or merged firm or successor in interest to the firm.

C. On request with reasonable notice, a registrant shall timely furnish to a client or former client:

1. A copy of the registrant's working papers, to the extent that the working papers include records that would ordinarily constitute part of the client's records and are not otherwise available to the client.

2. Any accounting or other records belonging to, or obtained from or on behalf of, the client that the registrant removed from the client's premises or received for the client's account.  The registrant may make and retain copies of these documents if they form the basis for work done by the registrant.

D. A registrant or firm shall maintain all records pertaining to any legal action initiated against the registrant or firm for a period of three years after the resolution of the action.  On request, the registrant or firm shall timely furnish all records pertaining to the legal action to the board. For the purposes of this subsection, "legal action" means any civil or criminal lawsuit or state, United States territory or federal administrative proceeding where the allegations against the registrant or firm are violations of accounting or auditing standards or that result from negligence, gross negligence or reckless conduct, dishonesty, fraud, misrepresentation, breach of fiduciary duty or the suspension or revocation of the right to practice before the federal securities and exchange commission, the internal revenue service or any other state, United States territory or federal agency.

E. Except as provided in subsection D of this section, this section does not require a registrant to keep any work paper beyond the period prescribed by any other applicable statute.
A.R.S. § 32-122.06 — Arizona Code / Title 32 / Chapter 1 / Article 2 / Section 122.06
32-122.06 Certification of alarm agents; fee; fingerprinting; temporary certification; renewal
Status: in_force

32-122.06. Certification of alarm agents; fee; fingerprinting; temporary certification; renewal

A. Each alarm agent shall apply for an alarm agent certification and a renewal certification card from the board.  The board shall issue or deny an alarm agent certification card or a renewal certification card within ten business days after receiving an administratively complete application that includes an explanation of any criminal or disciplinary history.  All alarm agent certificates issued pursuant to this article are valid for three years from the date of issuance.

B. To obtain an alarm agent certificate, a person shall submit an application to the board, pay a fee as determined by the board and provide to the board evidence of having a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.  On receipt of the application and on the third anniversary of the initial certification for as long as the person is an alarm agent, the board shall verify with the department of public safety the status of the alarm agent's fingerprint clearance card.  This subsection does not apply if the alarm agent is also the controlling person and has complied with section 32-122.05.  An alarm agent certificate remains valid only if the person maintains a valid fingerprint clearance card.

C. A person shall apply for an alarm agent certificate within five working days after being employed by an alarm business.  A person may not work as an alarm agent until the application is processed and approved unless the person is under the direct supervision of a certified alarm agent or unless the alarm business employing an alarm agent who is applying for an initial alarm agent certificate certifies that the alarm business has determined through a privately administered background check by a nationally recognized database company that the applicant has not been convicted of a crime that would prevent the applicant from receiving a fingerprint clearance card. The alarm business employing the alarm agent shall provide a copy of the background check to the board on request. A copy of the application showing that the application has been filed with the board and that a background check has been conducted is valid as a sixty-day temporary certification under this subsection. The sixty-day temporary certification may be extended for a period not to exceed an additional thirty days if the applicant shows good cause to the board. When the applicant receives a fingerprint clearance card, the applicant shall provide a copy of the fingerprint clearance card to the board within ten days. If the board determines that a person is working as an alarm agent without a valid certification or temporary certification, the board shall notify the alarm business. A person is subject to disciplinary action and penalties pursuant to this chapter.

D. An alarm agent shall physically possess the agent's alarm agent certification card when performing or authorizing the performance of any task pursuant to this chapter.

E. An alarm agent certificate card becomes the personal property of the person to whom it is issued. The person shall retain possession of the card.

F. If an alarm agent's employment with an alarm business is terminated, the alarm agent shall notify the board in writing within fifteen days after the termination.
A.R.S. § 32-1297.08 — Arizona Code / Title 32 / Chapter 11 / Article 5 / Section 1297.08
32-1297.08 Injunction
Status: in_force

32-1297.08. Injunction

A. An injunction shall issue to enjoin the practice of denture technology by any of the following:

1. One neither certified to practice as a denturist nor licensed to practice as a dentist.

2. One certified as a denturist from practicing without proper supervision by a dentist as required by this article.

3. A denturist whose continued practice will or might cause irreparable damage to the public health and safety prior to the time proceedings pursuant to section 32-1297.07 could be instituted and completed.

B. A petition for injunction shall be filed by the board in the superior court for Maricopa county or in the county where the defendant resides or is found. Any citizen is also entitled to obtain injunctive relief in any court of competent jurisdiction because of the threat of injury to the public health and welfare.

C. Issuance of an injunction shall not relieve the respondent from being subject to any other proceedings provided for by law.