A.R.S. § 32-121 — Arizona Code / Title 32 / Chapter 1 / Article 2 / Section 121
32-121 Certificate or registration required for practice
Status: in_force

32-121. Certificate or registration required for practice

Except as otherwise provided in this section, a person or firm desiring to practice any board-regulated profession or occupation shall first secure a certificate or registration and shall comply with all the conditions prescribed in this chapter. An alarm business or an alarm agent may install alarms if all of the following apply:

1. The alarm business has submitted an application for certification pursuant to section 32-122.05 or is a licensed contractor pursuant to chapter 10 of this title.

2. Each controlling person has submitted an application and proof of a valid fingerprint clearance card to the board pursuant to section 32-122.05.

3. The alarm agent has submitted an application and applied for a fingerprint clearance card pursuant to section 32-122.06.
A.R.S. § 32-2199 — Arizona Code / Title 32 / Chapter 20 / Article 11 / Section 2199
32-2199 Administrative adjudication of complaints
Status: in_force

32-2199. Administrative adjudication of complaints

Pursuant to title 41, chapter 6, article 10, an administrative law judge shall adjudicate complaints regarding and ensure compliance with:

1. Title 33, chapter 9 and condominium documents.

2. Title 33, chapter 16 and planned community documents.
A.R.S. § 32-1979.03 — Arizona Code / Title 32 / Chapter 18 / Article 3 / Section 1979.03
32-1979.03 Tobacco cessation drug therapies; prescription authority; requirements; definition
Status: in_force

32-1979.03. Tobacco cessation drug therapies; prescription authority; requirements; definition

A. A pharmacist who is licensed pursuant to this chapter and who meets the requirements of this section may prescribe and dispense tobacco cessation drug therapies to a qualified patient. Prescriptive authority is limited to nicotine-replacement tobacco cessation drug therapies, including prescription and nonprescription therapies.

B. A pharmacist who wishes to prescribe and dispense tobacco cessation drug therapies pursuant to this section shall successfully complete a course of training accredited by the accreditation council for pharmacy education in the subject area of tobacco cessation and successfully complete two hours of accreditation council for pharmacy education accredited tobacco cessation continuing education programs on license renewal. The course of training shall include all of the following:

1. Epidemiology and health consequences of tobacco-containing products.

2. Biological, psychological and sociocultural components of tobacco dependence.

3. Assessment of a patient's willingness to quit.

4. Development of a quit plan.

5. Relapse prevention strategies.

6. Approved medications used for nicotine addiction and the effectiveness of current drug therapies for smoking cessation.

7. Nonpharmacological and behavioral interventions.

C. A pharmacist who prescribes and dispenses prescription nicotine-replacement tobacco cessation drug therapies pursuant to this section shall:

1. Notify the qualified patient's designated primary care provider within seventy-two hours after the medication is prescribed.

2. Keep records that include the qualified patient's initial assessment information, the education provided and the medication plan, and any drug therapies prescribed. The records shall be made available to the qualified patient's designated primary care provider on request.

D. This section does not apply to pharmacists who are either:

1. Filling or refilling prescriptions for tobacco cessation products written by another provider.

2. Recommending nonprescription tobacco cessation therapies to a patient without a prescription.

E. For the purposes of this section, "qualified patient" means a patient who:

1. Is at least eighteen years of age.

2. Is enrolled in a structured tobacco cessation program consisting of an initial evaluation and appropriate follow-up visits with the pharmacist or primary care provider if prescribing a prescription nicotine replacement.

3. Has been educated on symptoms of nicotine toxicity and when to seek medical treatment.
A.R.S. § 32-2212 — Arizona Code / Title 32 / Chapter 21 / Article 2 / Section 2212
32-2212 Issuance of license; previous licenses qualified; use of designations
Status: in_force

32-2212. Issuance of license; previous licenses qualified; use of designations

A. If an applicant for a veterinary license satisfactorily passes the examination given by the board, demonstrates a scientific and practical knowledge of the art and science of veterinary medicine and complies with this chapter, the board shall issue a license to the applicant to practice veterinary medicine in this state.

B. If an applicant for a veterinary faculty member license complies with this chapter and is approved by the board, the board shall issue a veterinary faculty member license to the applicant to practice veterinary medicine as a faculty member of the veterinary college where the applicant is employed. A licensed veterinary faculty member may practice veterinary medicine only under the licensee's official academic responsibilities.

C. The board shall deny licensure to an applicant who has satisfied all licensing requirements but who has not submitted the license issuance fee within twelve months after the date of the examination or, for a veterinary faculty member license applicant, within twelve months after the date of application. An applicant who fails to submit the fee within that time forfeits qualification for licensure, and the applicant shall reapply for licensure pursuant to sections 32-2213 and 32-2214.

D. All persons presently licensed to practice veterinary medicine in the state of Arizona who have complied with the provisions of law existing prior to June 12, 1967 shall be considered as licensed veterinarians under this chapter, and the names of such licensees shall be entered on the official register kept by the board.

E. No person shall append any letters to such person's name indicating a degree in veterinary medicine, such as D.V.M. or V.M.D., or use the word doctor, veterinary, veterinarian, professor, animal doctor or animal surgeon, or any abbreviation or combination thereof of similar import in connection with such person's name, or any trade name in the conduct of any occupation or profession pertaining to the diagnosis or treatment of animal diseases or conditions mentioned in this chapter, unless such person is licensed to practice veterinary medicine under this chapter.
A.R.S. § 32-3676 — Arizona Code / Title 32 / Chapter 36 / Article 5 / Section 3676
32-3676 Appraisal reports; alteration; use
Status: in_force

32-3676. Appraisal reports; alteration; use

An appraisal management company shall not:

1. Alter, modify, revise or otherwise change a completed appraisal report submitted by an independent appraiser, including removing the signature of the appraiser.

2. Use an appraisal report submitted by an independent appraiser for any purpose other than the intended use stated in the report.
A.R.S. § 32-2110 — Arizona Code / Title 32 / Chapter 20 / Article 1 / Section 2110
32-2110 Interest of department officer or employee in real estate company prohibited
Status: in_force

32-2110. Interest of department officer or employee in real estate company prohibited

No officer or employee of the department shall be connected with or directly or indirectly interested in any real estate company or real estate brokerage firm.
A.R.S. § 32-4127 — Arizona Code / Title 32 / Chapter 41 / Article 2 / Section 4127
32-4127 Temporary licenses
Status: in_force

32-4127. Temporary licenses

A. The executive director may issue a temporary license to a person who meets all of the following requirements:

1. Submits a completed application.

2. Submits the application fee for licensure pursuant to this chapter.

3. Submits proof satisfactory to the board of current certification by a nationally recognized board of certification.

4. Possesses a valid fingerprint clearance card pursuant to section 32-4128.

B. A temporary license:

1. Is valid for not more than ninety days.

2. Shall not be renewed.

3. Is void on the issuance or denial of an original license.

C. The board may revoke a temporary license for a violation of this chapter. The board shall hold a hearing at the request of a person whose temporary license is revoked by the board.

D. The board may adopt rules to carry out this section.
A.R.S. § 32-3213 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3213
32-3213 Health professionals; disclosure; unprofessional conduct; definition
Status: in_force

32-3213. Health professionals; disclosure; unprofessional conduct; definition

A. An advertisement for health care services that includes a health professional's name shall identify the title and type of license the health professional holds and under which the health professional is practicing.

B. A health professional who violates this section commits an act of unprofessional conduct.

C. For the purposes of this section, "advertisement" includes billboards, brochures, pamphlets, radio and television scripts, electronic media, printed telephone directories, telephone and direct mail solicitations and any other means of promotion intended to directly or indirectly induce any person to enter into an agreement for services with the health professional.  Advertisement does not include materials that provide information about network providers and that are created by an entity regulated under title 20.
A.R.S. § 32-1681 — Arizona Code / Title 32 / Chapter 15.1 / Article 2 / Section 1681
32-1681 Licensure; issuance
Status: in_force

32-1681. Licensure; issuance

A. A person shall not practice as a dispensing optician in this state without a valid license issued pursuant to this chapter.

B. The board shall issue a license to any person who complies with the provisions of this chapter and board rules.  All licenses expire at the end of each calendar year but do not expire while an application for renewal is pending before the board.
A.R.S. § 32-1638 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1638
32-1638 Examination of practical nurses
Status: in_force

32-1638. Examination of practical nurses

A. An applicant shall pass an examination in subjects relating to the duties and services of a practical nurse taught in an approved practical nursing program as the board determines.

B. If an applicant successfully passes the examination and meets the other requirements established pursuant to this chapter, the board shall issue a license to practice as a licensed practical nurse to the applicant.

C. If an applicant fails to pass the examination prescribed in subsection A within two years after completing the nursing program, the board may require the applicant to complete additional educational requirements as prescribed by the board by rule.

D. On review of credible evidence, the board may require retesting of applicants if the board believes that the security of a licensure examination has been compromised and that the credibility of examination results is in question.
A.R.S. § 32-2125.01 — Arizona Code / Title 32 / Chapter 20 / Article 2 / Section 2125.01
32-2125.01 Issuance of license; multiple licenses; use
Status: in_force

32-2125.01. Issuance of license; multiple licenses; use

A. When the requirements for application, examination and payment of fees are completed to the satisfaction of the commissioner, the commissioner shall issue the license applied for to the applicant. Any person who has passed the state examination for broker or salesperson must become licensed within one year from the date of the examination. Failure to comply with this section will necessitate the submission to and passing of another examination.

B. Not more than one license shall be issued and outstanding to or in favor of a licensee at any one time, except that a person licensed as a real estate broker or real estate salesperson may engage in cemetery or membership camping sales activities without being separately licensed to engage in these activities.  A real estate licensee may have only one employing broker in each of the following categories:

1. Cemetery.

2. Membership camping.

3. Real estate.

C. A designated or employing real estate broker may engage in cemetery or membership camping sales activities and may employ cemetery and membership camping salespersons and associate brokers without being separately licensed as a cemetery or membership camping broker or salesperson.
A.R.S. § 32-1391.03 — Arizona Code / Title 32 / Chapter 12 / Article 5 / Section 1391.03
32-1391.03 Department of insurance and financial institutions; powers and duties; prearranged funeral trust accounts
Status: in_force

32-1391.03. Department of insurance and financial institutions; powers and duties; prearranged funeral trust accounts

A. The department of insurance and financial institutions shall determine all of the following in its examinations of prearranged funeral trust accounts:

1. The names and addresses of purchasers of prearranged funerals and the amount each purchaser paid to the funeral establishment.

2. The location and status of all monies received.

3. The total amount in trust accounts.

4. Whether a funeral establishment is complying with this article and rules adopted pursuant to this article.

5. Whether a funeral establishment is following recognized accounting procedures for prearranged funeral trust accounts and handling monies received from prearranged funeral sales.

B. The department of insurance and financial institutions shall:

1. Conduct examinations on a random basis or in connection with an investigation pursuant to procedures established by the department of health services.

2. Examine the prearranged funeral trust accounts of each funeral establishment at least once within the first twelve months after it begins to sell prearranged funerals and at least once every three years thereafter.

3. Include prearranged funeral trust accounts established before January 1, 1985 in its examinations.

C. The department of insurance and financial institutions may examine and investigate prearranged funeral trust accounts pursuant to title 6, chapter 1, article 3 and pursuant to the powers of the department of health services concerning prearranged funeral sales and trust accounts.

D. If the department of insurance and financial institutions determines after investigating or examining a prearranged funeral trust account that a violation of this article has occurred, it shall send a written report to the department of health services within thirty days after completion of the investigation or examination that includes an identification of the violation and any relevant documents.

E. The department of insurance and financial institutions shall assess each funeral establishment at the rate of not more than $520 per day for each examiner employed in the examination of the funeral establishment's prearranged funeral trust accounts pursuant to the requirements of this section.
A.R.S. § 32-1975 — Arizona Code / Title 32 / Chapter 18 / Article 3 / Section 1975
32-1975 Legend drug products; listing; code identification; exemption; definitions
Status: in_force

32-1975. Legend drug products; listing; code identification; exemption; definitions

A. A legend drug product in finished solid dosage form shall not be manufactured or commercially distributed within this state unless it is clearly or prominently marked or imprinted with a code imprint identifying the drug product and the manufacturer or distributor of the drug.

B. All manufacturers or distributors of legend drugs in solid dosage form shall make available on request to the board a listing of all such legend drugs identifying by code imprint the manufacturer or distributor and the specific type of drug.  The listing shall at all times be kept current by all manufacturers and distributors subject to this section.

C. The board may grant exemptions from the requirements of this section on application of any drug manufacturer or distributor showing size, physical characteristics or other unique characteristics that render the application of a code imprint to a legend drug subject to this section impractical or impossible. Any exemption granted by the board shall be included by the manufacturer or distributor in the listing required by subsection B of this section, describing the physical characteristics and type of drug to which the exemption relates.

D. This section does not apply to drug products compounded by a pharmacist licensed under section 32-1924 in a pharmacy operating under a permit issued by the board.

E. For the purposes of this section:

1. "Code imprint" means a series of letters or numbers assigned by the manufacturer or distributor to a specific drug or marks or monograms unique to the manufacturer or distributor of the drug, or both.

2. "Distributor" means a person who distributes for resale a drug in solid dosage form under that person's own label even if that person is not the actual manufacturer of the drug.

3. "Legend drug" means any drug defined by section 503(b) of the federal food, drug and cosmetic act and under which definition its label is required to bear the statement "Rx only".

4. "Solid dosage form" means capsules or tablets intended for oral use.
A.R.S. § 32-3219 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3219
32-3219 Licensure; renewal; notification; definitions
Status: in_force

32-3219. Licensure; renewal; notification; definitions

A. A medical practitioner regulatory board shall notify each medical practitioner who receives an initial or renewal license and who intends to apply for registration or has an active registration under the controlled substances act (21 United States Code section 801 through 904) of the medical practitioner's responsibility to register with the Arizona state board of pharmacy and be granted access to the controlled substances prescription monitoring program's central database tracking system.  The Arizona state board of pharmacy shall provide access to the central database tracking system to each medical practitioner who has a valid license pursuant to this title and who possesses an Arizona registration under the controlled substances act (21 United States Code section 801 through 904).

B. For the purposes of this section:

1. "Medical practitioner" means any person who is licensed and authorized by law to use and prescribe drugs and devices for the treatment of sick and injured human beings or for the diagnosis or prevention of sickness in human beings in this state or any state, territory or district of the United States and who possesses an Arizona registration under the controlled substances act (21 United States Code sections 801 through 904).

2. "Medical practitioner regulatory board" means any board established pursuant to chapter 7, 11, 13, 14, 15, 16, 17, 25 or 29 of this title that regulates one or more medical practitioners in this state.
A.R.S. § 32-1290 — Arizona Code / Title 32 / Chapter 11 / Article 4 / Section 1290
32-1290 Grounds for censure, probation, suspension or revocation of license; procedure
Status: in_force

32-1290. Grounds for censure, probation, suspension or revocation of license; procedure

After a hearing pursuant to title 41, chapter 6, article 10, the board may suspend or revoke the license issued to a person under this article or censure or place on probation any such person for any of the causes set forth as grounds for censure, probation, suspension or revocation in section 32-1263.
A.R.S. § 32-3921 — Arizona Code / Title 32 / Chapter 39 / Article 2 / Section 3921
32-3921 Licensure; acts and persons not affected
Status: in_force

32-3921. Licensure; acts and persons not affected

A. A person shall not practice acupuncture without a license issued pursuant to this chapter.

B. This chapter does not apply to:

1. Health care professionals licensed pursuant to this title practicing within the scope of their license.

2. A student enrolled in a school of acupuncture approved by the board practicing acupuncture under the direct supervision of an acupuncturist licensed pursuant to this chapter as a part of a course of study approved by the board.

3. The practice of acupuncture in this state by a person licensed or certified to perform acupuncture by any other jurisdiction if the person is doing so in the course of regular instruction of a school of acupuncture approved by the board or in an educational seminar by a professional organization of acupuncture, if in the case of an educational seminar the practice is supervised directly by a person licensed pursuant to this chapter or by a health professional licensed pursuant to this title whose scope of practice includes acupuncture.

4. An acupuncturist who resides outside the state and who is authorized to practice acupuncture in that jurisdiction, if the person engages in a single or infrequent consultation with an acupuncturist licensed in this state and the consultation regards a specific patient or patients.

5. A person who self-administers acupuncture.
A.R.S. § 32-3614 — Arizona Code / Title 32 / Chapter 36 / Article 2 / Section 3614
32-3614 Application and qualification requirements for certification
Status: in_force

32-3614. Application and qualification requirements for certification

A. An application for certification and examination shall be made on forms prescribed by the deputy director and be accompanied by the required fees.

B. Persons filing for certification shall meet the minimum criteria for certification established by the deputy director under section 32-3605, subsection B, paragraph 2 and section 32-3615.

C. A person may not be a state-certified real estate appraiser unless the person has achieved a passing grade on the national examination approved by the appraiser qualifications board.

D. Persons presenting evidence showing successful completion of the requirements of this section shall be recognized as having met the qualifications as a state-certified real estate appraiser.
A.R.S. § 32-3505 — Arizona Code / Title 32 / Chapter 35 / Article 1 / Section 3505
32-3505 Board of respiratory care examiners fund
Status: in_force

32-3505. Board of respiratory care examiners fund

(L24, Ch.222, sec. 45.  Eff. until 7/1/28)

A. The board of respiratory care examiners fund is established. Pursuant to sections 35-146 and 35-147, the board shall deposit fifteen percent of all monies from whatever source that come into the possession of the board in the state general fund and deposit the remaining eighty-five percent in the board of respiratory care examiners fund. Monies in the board of respiratory care examiners fund may be used by the board for payments of all necessary board expenses.

B. Monies deposited in the board of respiratory care examiners fund are subject to section 35-143.01.
A.R.S. § 32-130 — Arizona Code / Title 32 / Chapter 1 / Article 2 / Section 130
32-130 Review of drawings, plans or design specifications by public agencies
Status: in_force

32-130. Review of drawings, plans or design specifications by public agencies

Any modifications, except for building code compliance reviews, field inspections and applicable design standards, to drawings, plans or design specifications submitted for review to the state or a political subdivision of the state and that are made by a professional registrant employed or under contract with the state or a political subdivision of the state shall be signed by and issued under the seal of the reviewing registrant.
A.R.S. § 32-4153 — Arizona Code / Title 32 / Chapter 41 / Article 3 / Section 4153
32-4153 Grounds for disciplinary action
Status: in_force

32-4153. Grounds for disciplinary action

The following are grounds for disciplinary action:

1. Practicing athletic training in violation of this chapter or rules adopted pursuant to this chapter.

2. Practicing or offering to practice beyond the scope of the practice of athletic training.

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

4. Engaging in the performance of substandard care by an athletic trainer due to a deliberate or negligent act or failure to act, regardless of whether actual injury to the person cared for is established.

5. Failing to provide direct supervision in accordance with this chapter and rules adopted pursuant to this chapter.

6. Committing any felony or a misdemeanor involving moral turpitude. A conviction by a court of competent jurisdiction is conclusive evidence of the commission of the crime.

7. Practicing as an athletic trainer if the licensee's physical or mental abilities are impaired by the use of alcohol or any other substance that interferes with the ability to safely practice athletic training.

8. 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.

9. Engaging in sexual misconduct. For the purpose of this paragraph, "sexual misconduct" includes:

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

(b) Making sexual advances, requesting sexual favors or engaging in other verbal conduct or physical contact of a sexual nature with a person who is treated by the athletic trainer.

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

10. Failing to adhere to the recognized standards and ethics of the athletic training profession.

11. Making misleading, deceptive, untrue or fraudulent representations in violation of this chapter.

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

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

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

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

16. Interfering with an investigation or disciplinary proceeding by wilfully misrepresenting facts or by using threats or harassment against any person to prevent that person from providing evidence in a disciplinary proceeding or any legal action.

17. Failing to maintain confidentiality without prior written consent of the individual treated or unless otherwise required by law.

18. Failing to maintain adequate records regarding treatment.  For the purposes of this paragraph, "adequate records" means legible records that contain at a minimum a determination of the nature of the injury and the referral and treatment required, the treatment plan, the treatment record, a final summary on conclusion of treatment and sufficient information to identify the person treated.

19. Promoting an unnecessary device, treatment or service for the financial gain of the athletic trainer or of a third party.

20. Providing unwarranted treatment or treatment beyond the point of reasonable benefit.

21. Providing athletic training services that are in any way linked to the financial gain of a referral source.

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

23. Failing to demonstrate professional standards of care and training and education qualifications, as established by the board in rule, for performing dry needling when provided as a therapeutic modality.
A.R.S. § 32-1393 — Arizona Code / Title 32 / Chapter 12 / Article 6 / Section 1393
32-1393 Crematories; license required; employee training
Status: in_force

32-1393. Crematories; license required; employee training

A. A person shall not advertise or operate a crematory, unless the person has received a certificate of authority from the state real estate department, without first obtaining a crematory license issued by the department of health services.

B. A licensed crematory and its employees shall follow all applicable provisions of this article and rules adopted pursuant to this article. A licensed crematory shall provide appropriate training for its employees and is strictly accountable for compliance by both its licensed and unlicensed employees with this article and all applicable federal, state and local rules and regulations regarding occupational and workplace health and safety.
A.R.S. § 32-2271 — Arizona Code / Title 32 / Chapter 21 / Article 6 / Section 2271
32-2271 License required; premises; inspections; exemption
Status: in_force

32-2271. License required; premises; inspections; exemption

A. A person shall not provide veterinary services, including diagnosis, treatment, dentistry, surgery or dispensing prescription-only veterinary drugs, to the public without a license issued by the board.

B. A premises license shall be for a fixed location where a veterinarian retains the records of a veterinary practice, stores veterinary equipment or offers veterinary services to the public. A responsible veterinarian who holds a premises license may provide veterinary services to the public at the licensed fixed location and any temporary site in this state at which adequate equipment and sanitation are available considering the type of veterinary medical services provided. A veterinarian shall obtain a separate premises license for each fixed location at which veterinary services are regularly offered to the public. The responsible veterinarian may authorize other licensed veterinarians to provide services to the public pursuant to the responsible veterinarian's veterinary premises license. Both the responsible veterinarian and the veterinarian who provides the veterinary services shall maintain records of the veterinary services provided and ensure that adequate equipment and sanitation are available.

C. The board shall inspect all fixed locations before issuing a premises license. Adequate equipment and sanitation shall be available for use at any location which is necessary to provide the range of veterinary services which the veterinarian proposes to offer.

D. The board may inspect any site at which a veterinarian offers veterinary services to the public.

E. This section does not apply to county-sponsored rabies vaccination clinics, persons who are exempt under section 32-2211 and veterinarians licensed under section 32-2217.
A.R.S. § 32-1459 — Arizona Code / Title 32 / Chapter 13 / Article 3 / Section 1459
32-1459 Duty to report
Status: in_force

32-1459. Duty to report

If a death or an incident requiring emergency medical response occurs in a dental office or dental clinic during the administration of or recovery from general anesthesia or sedation by a doctor of medicine, the doctor of medicine shall, and any other person may, report the death or incident to the board within seven business days after the occurrence.
A.R.S. § 32-3955 — Arizona Code / Title 32 / Chapter 39 / Article 3 / Section 3955
32-3955 Acupuncture assistants; scope of duties; registration required; use of title
Status: in_force

32-3955. Acupuncture assistants; scope of duties; registration required; use of title

A. This chapter does not prohibit an acupuncture assistant from assisting a licensed acupuncturist pursuant to rules adopted by the board, consistent with the following:

1. An acupuncture assistant may:

(a) Remove acupuncture needles.

(b) Monitor acupuncture procedures such as the application of heat or moxibustion.

(c) Perform noncritical functions such as gathering basic patient information, taking blood pressure and attending to patient treatment rooms.

2. An acupuncture assistant may not insert acupuncture needles or evaluate, interpret, design or modify established treatment programs of acupuncture care.

3. An acupuncture assistant shall register with the board on a form prescribed by the board.  The board may suspend or revoke the registration of an acupuncture assistant who violates any provision of this chapter related to the practice of acupuncture or who indulges in conduct or a practice that is detrimental to the health or safety of the public.

B. It is unlawful for a person to do either of the following:

1. Work as an acupuncture assistant except under the supervision of a licensed acupuncturist pursuant to this chapter and the rules adopted by the board.

2. Use the abbreviation "A.A." or the term "acupuncture assistant" unless the person is working under the supervision of a licensed acupuncturist pursuant to this chapter and the rules adopted by the board.
A.R.S. § 32-2162 — Arizona Code / Title 32 / Chapter 20 / Article 3 / Section 2162
32-2162 Sale of cemetery property for speculation unlawful
Status: in_force

32-2162. Sale of cemetery property for speculation unlawful

It is unlawful for any person to sell or offer for sale cemetery property under any promise that the cemetery property sold or offered for sale may be resold at a profit. The conveyance of cemetery property pursuant to a sale in violation of this section is void.
A.R.S. § 32-4255 — Arizona Code / Title 32 / Chapter 42 / Article 3 / Section 4255
32-4255 Unlawful practice; classification; civil penalties; injunctive relief
Status: in_force

32-4255. Unlawful practice; classification; civil penalties; injunctive relief

A. It is unlawful for any person to practice or in any manner to claim to practice massage therapy or to advertise massage therapy services unless that person is licensed pursuant to this chapter. A person who engages in an activity requiring a license pursuant to this chapter or who uses any word, title or representation in violation of section 32-4252 that implies that the person is licensed to engage in the practice of massage therapy, or who advertises massage therapy services without being licensed pursuant to this chapter is guilty of a class 1 misdemeanor.

B. The board may investigate any person to the extent necessary to determine if the person is engaged in the unlawful practice of massage therapy. If an investigation indicates that a person may be practicing massage therapy unlawfully, the board shall inform the person of the alleged violation. The board may refer the matter for prosecution regardless of whether the person ceases the unlawful practice of massage therapy.

C. The board, through the appropriate county attorney or city attorney or the office of the attorney general, may apply for injunctive relief in any court of competent jurisdiction or enjoin any person from committing any act in violation of this chapter.  Injunctive proceedings are in addition to all penalties and other remedies prescribed in this chapter.

D. A person who aids or requires another person to directly or indirectly violate this chapter or board rules, who permits a license to be used by another person or who acts with the intent to violate this chapter or board rules is subject to a civil penalty of not more than one thousand dollars for each violation and not more than five thousand dollars for each subsequent violation.  The board shall hold a hearing before it imposes this penalty.

E. The board shall deposit, pursuant to sections 35-146 and 35-147, all monies it collects from civil penalties pursuant to this section in the state general fund.
A.R.S. § 32-1294 — Arizona Code / Title 32 / Chapter 11 / Article 5 / Section 1294
32-1294 Supervision by dentist; definitions; mouth preparation by dentist; liability; business association
Status: in_force

32-1294. Supervision by dentist; definitions; mouth preparation by dentist; liability; business association

A. A denturist may practice only in the office of a licensed dentist, denominated as such.

B. All work by a denturist shall be performed under the general supervision of a licensed dentist. For the purposes of this section, "general supervision" means the dentist is available for consultation in person or by phone during the performance of the procedures by a denturist pursuant to section 32-1293, subsection B. The dentist shall examine the patient initially, check the completed denture as to fit, form and function and perform such other procedures as the board may specify by rule or regulation. For the purposes of this section "completed denture" means a relined, rebased, duplicated or repaired denture or a new denture. Both the dentist and the denturist shall certify that the dentist has performed the initial examination and the final fitting as required in this subsection, and retain the certification in the patient's file.

C. When taking impressions or bite registrations for the purpose of constructing removable partial dentures or when checking the fit of a partial denture, all mouth preparation must be done by the dentist. The denturist is specifically prohibited from performing any cutting or surgery on hard or soft tissue in the mouth. By rule and regulation the board may further regulate the practice of the denturist in regard to removable partial dentures.

D. No more than two denturists may perform their professional duties under a dentist's general supervision at any one time.

E. A licensed dentist supervising a denturist shall be personally liable for any consequences arising from the performance of the denturist's duties.

F. A certified denturist and the dentist supervising his work may make any lawful agreement between themselves regarding fees, compensation and business association.

G. Any sign, advertisement or other notice displaying the name of the office must include the name of the responsible dentist.
A.R.S. § 32-1666 — Arizona Code / Title 32 / Chapter 15 / Article 3 / Section 1666
32-1666 Unlawful acts
Status: in_force

32-1666. Unlawful acts

A. It is unlawful for a person who is not licensed or certified under this chapter to:

1. Practice or offer to practice as a registered or practical nurse, registered nurse practitioner, certified nurse midwife or clinical nurse specialist in this state.

2. Represent or use any title, abbreviation, letters, figures, sign, card or device to indicate that the person or any other person is a registered nurse, graduate nurse, professional nurse, nurse practitioner, certified nurse midwife, nurse midwife, clinical nurse specialist, practical nurse, licensed nursing assistant or certified nursing assistant.

3. Represent or use any title, abbreviation, letters, sign, card or device to indicate that the person or any other person is certified pursuant to this chapter.

B. It is unlawful for a person to operate a training or educational program to prepare students for licensure or certification under this chapter unless it has been approved under this chapter.
A.R.S. § 32-3633 — Arizona Code / Title 32 / Chapter 36 / Article 3 / Section 3633
32-3633 Undue influence; classification
Status: in_force

32-3633. Undue influence; classification

A person who induces or influences the actions of an appraiser for purposes of securing an appraisal that is grossly misleading, or fraudulent, is guilty of a class 6 felony.
A.R.S. § 32-1453 — Arizona Code / Title 32 / Chapter 13 / Article 3 / Section 1453
32-1453 Judicial review
Status: in_force

32-1453. Judicial review

Except as provided in section 41-1092.08, subsection H, an appeal to the superior court in Maricopa county may be taken from final decisions of the board pursuant to title 12, chapter 7, article 6.
A.R.S. § 32-1660.01 — Arizona Code / Title 32 / Chapter 15 / Article 2.1 / Section 1660.01
32-1660.01 Applicability of compact; scope of practice; notification; withdrawal from compact
Status: in_force

32-1660.01. Applicability of compact; scope of practice; notification; withdrawal from compact

A. The compact adopted by section 32-1660 does not alter the scope of practice of a registered nurse practicing in this state.  A registered nurse practicing in this state shall comply with the scope of practice enacted under this chapter.

B. The commission created by the compact adopted by section 32-1660 does not have the authority to alter the scope of practice for registered nurses practicing in this state.  The governor may withdraw this state from the compact adopted by section 32-1660 if the board notifies the governor that the commission has adopted a rule to change the scope of practice for registered nurses in this state and a law is enacted that repeals the compact.
A.R.S. § 32-2050 — Arizona Code / Title 32 / Chapter 19 / Article 3 / Section 2050
32-2050 Substance abuse recovery program
Status: in_force

32-2050. Substance abuse recovery program

In lieu of a disciplinary proceeding prescribed by this article, the board may allow a licensee to actively participate in a board-approved substance abuse recovery program if:

1. The board has evidence that the licensee is an impaired professional.

2. The licensee has not been convicted of a felony relating to a controlled substance in a court of law of the United States or any other territory or country.

3. The licensee enters into a written agreement with the board for a restricted license and complies with all of the terms of the agreement, including making satisfactory progress in the program and adhering to any limitations on the licensee's practice imposed by the board to protect the public. Failure to enter into such an agreement shall activate an immediate investigation and disciplinary proceedings by the board.

4. As part of the agreement established between the licensee and the board, the licensee signs a waiver allowing the substance abuse program to release information to the board if the licensee does not comply with the requirements of this section or is unable to practice with reasonable skill or safety.
A.R.S. § 32-1771 — Arizona Code / Title 32 / Chapter 16 / Article 5 / Section 1771
32-1771 Dispensing contact lenses; conformity with federal law; requirements
Status: in_force

32-1771. Dispensing contact lenses; conformity with federal law; requirements

A. All sales of and prescriptions for contact lenses in this state must conform to the federal fairness to contact lens consumers act (15 United States Code sections 7601 through 7610).

B. Contact lenses used to determine a prescription for contact lenses are considered to be diagnostic lenses.  After the diagnostic and trial period and after the contact lenses have been adequately fitted and the patient has been released from immediate follow-up care by a person who is licensed pursuant to this chapter or chapter 13 or 17 of this title, the prescribing optometrist shall provide a prescription for contact lenses at no cost to the patient.

C. Contact lenses may not be sold or dispensed except pursuant to a prescription order that conforms to state and federal regulations governing prescriptions.
A.R.S. § 32-2914 — Arizona Code / Title 32 / Chapter 29 / Article 2 / Section 2914
32-2914 Fees
Status: in_force

32-2914. Fees

A. The board by formal vote at its annual meeting shall establish fees and penalties that do not exceed the following:

1. $550 for an application for a license to practice homeopathic medicine pursuant to section 32-2912, subsection G, paragraph 1.

2. $250 for issuance of an initial license.

3. $50 for issuance of a duplicate license.

4. $1,000 for annual renewal of a license.

5. $350 for late renewal of a license.

6. $200 for initial and annual renewal of a permit to dispense drugs and devices.

7. $500 for an application for a locum tenens registration.

8. $250 for issuance of a locum tenens registration.

9. $200 for annual renewal of a homeopathic medical assistant registration.

10. $.25 per page for copying board records, documents, letters, minutes, applications and files.

11. $35 for a copy of an audiotape.

12. $100 for the sale of computerized tapes or diskettes that do not require programming.

13. $200 for supervising a homeopathic medical assistant.

14. $300 for each initial application and annual renewal of a registration to conduct a practical educational program for supervised medical assistants.

B. The board may charge a licensee with the board's costs to administer a special purpose licensing examination related to its investigation of the licensee's competence.

C. The board may charge the actual cost of completing a professional conduct investigation to the licensee who is the subject of the investigation if the board determines that the licensee violated this chapter or a board rule.

D. The board shall charge additional fees for services that it is not required to provide under this chapter but that it determines are necessary to carry out its purpose. The board shall charge only the actual cost of providing these services.
A.R.S. § 32-1981 — Arizona Code / Title 32 / Chapter 18 / Article 3.1 / Section 1981
32-1981 Definitions
Status: in_force

32-1981. Definitions

In this article, unless the context otherwise requires:

1. "Chain pharmacy warehouse" means a physical location for prescription-only drugs that acts as a central warehouse and that performs intracompany sales or transfers of the prescription-only drugs to a group of pharmacies that are under common ownership or control. A chain pharmacy warehouse is not limited to the distribution of prescription-only drugs under this article.

2. "Company under common ownership" has the same meaning as affiliated group as defined in 26 United States Code section 1504.

3. "Intracompany transaction" means any sale, transfer or trade between a division, subsidiary, parent or affiliated or related company under the common ownership of a person.

4. "Normal distribution channel" means the chain of custody for a prescription-only drug that begins with the delivery of the drug by a manufacturer to a wholesale distributor who then delivers the drug to a pharmacy or a practitioner for final receipt by a patient. Normal distribution channel includes the receipt of a prescription-only drug by a common carrier or other delivery service that delivers the drug at the direction of a manufacturer, full service wholesale permittee or pharmacy and that does not purchase, sell, trade or take title to any prescription-only drug.

5. "Wholesale distribution" means distribution of a drug to a person other than a consumer or patient.  Wholesale distribution does not include:

(a) Any transaction or transfer between any division, subsidiary, parent or affiliated or related company under common ownership and control of a corporate entity.

(b) Selling, purchasing, distributing, transferring or trading a drug or offering to sell, purchase, distribute, transfer or trade a drug for emergency medical reasons.  For the purposes of this subdivision, "emergency medical reasons" includes transferring a prescription drug by a community pharmacy or hospital pharmacy to another community pharmacy or hospital pharmacy to alleviate a temporary shortage.

(c) Drug returns if conducted by a hospital, health care entity, retail pharmacy or charitable institution in accordance with 21 Code of Federal Regulations section 203.23.

(d) The sale of prescription drugs by a pharmacy, not to exceed five percent of the pharmacy's gross sales, to practitioners for office use.

(e) Dispensing by a retail pharmacy of prescription drugs to a patient or patient's agent pursuant to the lawful order of a practitioner.

(f) Distributing a drug sample by a manufacturer's representative.

(g) Selling, purchasing or trading blood or blood components intended for transfusion.
A.R.S. § 32-3611 — Arizona Code / Title 32 / Chapter 36 / Article 2 / Section 3611
32-3611 Registration, licensure and certification process
Status: in_force

32-3611. Registration, licensure and certification process

A. Applications for original registration, licensure or certification, renewals and examinations shall be made in writing to the deputy director on forms approved by the deputy director.

B. Appropriate fees, as fixed by the deputy director pursuant to section 32-3607, shall accompany all applications for original registration, licensure or certification, renewal and examination.

C. At the time of filing an application for registration, licensure or certification, each applicant shall sign a pledge to comply with the standards set forth in this chapter and shall state that the applicant understands the types of misconduct for which disciplinary proceedings may be initiated against a registered trainee appraiser or a state-licensed or state-certified appraiser, as set forth in this chapter.

D. Except as otherwise provided in this chapter, the deputy director shall require such other proof and request such documents, through the application or otherwise, as the deputy director deems necessary for the interests of the public and to verify the competency of the applicant and shall require that the applicant for registration, licensure or certification:

1. Be at least eighteen years of age and a citizen of the United States or a qualified alien as defined in 8 United States Code section 1641.

2. Not have had a license or certificate denied pursuant to this chapter within one year immediately preceding the application.

3. Not have had a license or certificate revoked pursuant to this chapter within five years immediately preceding the application.

4. State whether or not the applicant has ever been convicted in a court of competent jurisdiction in this or any other state of a felony or of forgery, theft, extortion or conspiracy to defraud or any other crime involving dishonesty or moral turpitude.

E. Applications for registration, licensure or certification by persons who are charged or under indictment for fraud involving appraisal of real property may be denied pending final disposition of the charge or indictment.  On final disposition, the deputy director shall review the proceedings and act on the application.
A.R.S. § 32-4304 — Arizona Code / Title 32 / Chapter 43 / Article 1 / Section 4304
32-4304 Occupational and professional licenses; websites; reporting; definition
Status: in_force

32-4304. Occupational and professional licenses; websites; reporting; definition

A. A regulating entity that issues occupational or professional licenses shall:

1. Prominently post on its website home page all current state policies that ease licensing burdens and the exact steps applicants must complete to receive their license using such policies. Policies that ease licensing burdens include the following:

(a) Universal recognition of out-of-state licenses.

(b) Availability of temporary licenses.

(c) Fee waivers.

(d) Examination exemptions.

(e) Allowing an applicant to substitute military education or experience for licensing requirements.

2. Have a designated area on its website home page that includes licensing information specifically for military spouses, active duty service members and veterans and all policies that make it easier for the applicant groups to receive a license.

3. Display all information required by paragraphs 1 and 2 of this subsection in a location that is easy to locate and shall use language that is clear and concise. A website home page feature may link to an internal webpage with more information if a regulating entity deems it necessary.

4. Beginning July 1, 2022, track whether each applicant is a veteran or military spouse and shall annually report the information gathered pursuant to this paragraph to the governor.

B. For the purposes of this section, "regulating entity":

1. Means all executive departments, agencies and offices and all state boards and commissions.

2. Does not include:

(a) A state agency that is headed by a single elected state official.

(b) The corporation commission.

(c) Any board or commission established by ballot measure at or after the November 1998 general election.

(d) The judiciary.
A.R.S. § 32-1931 — Arizona Code / Title 32 / Chapter 18 / Article 2 / Section 1931
32-1931 Permit fees; issuance; expiration; renewals; online profiles
Status: in_force

32-1931. Permit fees; issuance; expiration; renewals; online profiles

A. The board shall assign the permit of all persons or firms issued under this chapter to one of two permit renewal groups. Except as provided in section 32-4301, a holder of a permit designated in the licensing database as even by way of verbiage or numerical value shall renew it biennially on or before November 1 of the even-numbered year, two years after the last renewal date. Except as provided in section 32-4301, a holder of a permit designated in the licensing database as odd by way of verbiage or numerical value shall renew it biennially on or before November 1 of the odd-numbered year, two years after the last renewal date. Failure to renew and pay all required fees on or before November 1 of the year in which the renewal is due suspends the permit.  The board shall vacate a suspension when the permittee pays penalties of not to exceed $350 and all past due fees. The board may waive collection of a fee or penalty due after suspension under conditions established by a majority of the board.

B. Permit fees that are designated to be not more than a maximum amount shall be set by the board for the following two fiscal years beginning November 1. The board shall establish the fees approximately proportionate to the maximum fee allowed to cover the board's anticipated expenditures for the following two fiscal years.  Variation in a fee is not effective except at the expiration date of the permit.

C. Applications for permits shall be accompanied by the following biennial fees as determined pursuant to subsection B of this section:

1. A drug manufacturer's permit, not more than $1,000.

2. A pharmacy permit, not more than $500.

3. A limited service pharmacy permit or an automated prescription-dispensing kiosk permit, not more than $500.

4. A full service wholesale drug permit or a third-party logistics provider permit, not more than $1,000.

5. A nonprescription drug wholesale permit, not more than $500.

6. A drug repackager's permit, not more than $1,000.

7. A durable medical equipment distributor and compressed medical gas distributor permit, not more than $200.

8. A durable medical equipment supplier and compressed medical gas supplier permit, not more than $100.

D. If an applicant is found to be satisfactory to the board, the executive director shall issue to the applicant a permit for each pharmacy, manufacturer, wholesaler or other place of business in which drugs are sold, manufactured, compounded, dispensed, stocked, exposed or offered for sale, for which application is made.

E. Permits issued under this section are not transferable.

F. If a permittee does not apply for renewal, the permit expires pursuant to subsection A of this section. A person may activate and renew an expired permit by filing the required application and fee. Renewal thirty days after the expiration date of a permit may be made only on payment of the required biennial renewal fee, all past due fees and a penalty of one-half of the amount of the applicable biennial renewal fee.  The board may waive the collection of a fee or penalty due after suspension pursuant to conditions prescribed by the board.

G. A permittee shall create an online profile using the board's licensing software.
A.R.S. § 32-2194.21 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.21
32-2194.21 Survey of property; maps and plats
Status: in_force

32-2194.21. Survey of property; maps and plats

Every cemetery, from time to time as its property may be required for interment purposes, in addition to the other requirements of the article, shall:

1. In case of land, survey and subdivide it into sections, blocks, plots, avenues, walks or other subdivisions, and make a good and substantial map or plat showing the sections, plots, avenues, walks or other subdivisions, with descriptive names or numbers.

2. In case of a mausoleum, or crematory and columbarium, it shall make a good and substantial map or plat on which shall be delineated the sections, halls, rooms, corridors, elevations, and other divisions, with descriptive names or numbers.
A.R.S. § 32-1452.01 — Arizona Code / Title 32 / Chapter 13 / Article 3 / Section 1452.01
32-1452.01 Mental, behavioral and physical health evaluation and treatment; confidential program; private contract; immunity
Status: in_force

32-1452.01. Mental, behavioral and physical health evaluation and treatment; confidential program; private contract; immunity

A. The board may establish a confidential program for the evaluation, treatment and monitoring of persons who are licensed pursuant to this chapter and chapter 25 of this title and who have medical, psychiatric, psychological or behavioral health disorders that may impact their ability to safely practice medicine or perform health care tasks. The program shall include education, intervention, therapeutic treatment and posttreatment monitoring and support.

B. A licensee who has a medical, psychiatric, psychological or behavioral health disorder described in subsection A of this section may agree to enter into a consent agreement for participation in a program established pursuant to this section.

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

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

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

3. Immediate reporting to the Arizona medical board of the name of a licensee who the treating organization believes is incapable of safely practicing medicine or performing health care tasks. If the licensee is a physician assistant, the Arizona medical board shall immediately report this information to the Arizona regulatory board of physician assistants.

D. An evaluator, teacher, supervisor or volunteer in a program established pursuant to this section who acts in good faith within the scope of that program is not subject to civil liability, including malpractice liability, for the actions of a licensee who is attending the program pursuant to board action.
A.R.S. § 32-3673 — Arizona Code / Title 32 / Chapter 36 / Article 5 / Section 3673
32-3673 Disclosure of fees
Status: in_force

32-3673. Disclosure of fees

A. The appraisal management company shall not prohibit the appraiser from reporting in the appraisal report the fee paid to the appraiser.

B. The appraiser shall disclose the fee paid for an appraisal report ordered by an appraisal management company in the scope of work section in the appraisal report.
A.R.S. § 32-3225 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3225
32-3225 Types of disciplinary action; reimbursement
Status: in_force

32-3225. Types of disciplinary action; reimbursement

In addition to any other disciplinary actions that may be taken, a health profession regulatory board may impose a requirement for a reimbursement of fees paid to a licensee or certificate holder by or on behalf of the patient, if requested by the patient on a complaint form prescribed by the board.
A.R.S. § 32-1642 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1642
32-1642 Renewal of license or registration; failure to renew
Status: in_force

32-1642. Renewal of license or registration; failure to renew

A. Except as provided in section 32-4301, a registered and practical nurse licensee shall renew the license every four years on or before April 1. If a licensee does not renew the license on or before May 1, the licensee shall pay an additional fee for late renewal as prescribed in section 32-1643.  If a licensee does not renew the license on or before August 1, the license expires. It is a violation of this chapter for a person to practice nursing with an expired license.

B. An applicant for renewal of a registered or practical nursing license shall submit 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.

C. On receipt of the application and fee, the board shall verify the accuracy of the application and issue to the applicant an active renewal license, which shall be effective for the following four calendar years. The renewal license shall render the holder a legal practitioner of nursing, as specified in the license, during the period stated on the certificate of renewal.  A licensee who fails to secure a renewal license within the time specified may secure a renewal license by making verified application as the board prescribes by furnishing proof of being qualified and competent to act as a registered or practical nurse, and additional information and material as required by the board, and by payment of the prescribed fee.

D. Except as provided in section 32-4301, a licensed nursing assistant shall renew the license every two years on the last day of the licensed nursing assistant's birth month. An applicant for renewal shall submit 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. On receipt of the application and fee, the board shall issue a renewal license to qualified applicants.

E. Except as provided in section 32-4301, a certified nursing assistant shall file an application to renew the certified nursing assistant registration every two years on the last day of the certified nursing assistant's birth month.  An applicant for renewal shall submit a verified statement that indicates whether the applicant has performed nursing or nursing-related services within the previous twenty-four consecutive months and whether the individual's registry entry includes documented findings of abuse, neglect or misappropriation of property. On receipt of the application, the board shall issue a renewal registration to each qualified renewal applicant.

F. On written request to the board, the name and license of a licensee in good standing may be transferred to an inactive list. The licensee shall not practice during the time the license is inactive, and renewal fees do not accrue. If an inactive licensee wishes to resume the practice of nursing, the board shall renew the license on satisfactory showing that the licensee is then qualified and competent to practice and on payment of the current renewal fee. The licensee shall also file with the board a verified statement that indicates whether the applicant has been convicted of a felony and, if convicted of one or more felonies, that indicates the date of absolute discharge from the sentences for all felony convictions.
A.R.S. § 32-3670 — Arizona Code / Title 32 / Chapter 36 / Article 5 / Section 3670
32-3670 Employee requirements
Status: in_force

32-3670. Employee requirements

Any employee of an appraisal management company, or any person working on behalf of an appraisal management company, who has the responsibility of selecting independent appraisers for the performance of real property appraisal services for the appraisal management company or providing appraisal review services on a completed appraisal, shall be appropriately trained and qualified in compliance with this chapter.
A.R.S. § 32-1962 — Arizona Code / Title 32 / Chapter 18 / Article 3 / Section 1962
32-1962 New drug; compliance with federal act; exception
Status: in_force

32-1962. New drug; compliance with federal act; exception

A. No person shall manufacture, sell, offer or hold for sale or give away any new drug or device unless it fully complies with the provisions of the federal act.

B. This section shall not apply to the nutritional supplement amygdalin, a cyano-genetic glycoside, also known as laetrile and vitamin B-17, which is processed from the seeds of certain fruits including apricots, peaches and plums.
A.R.S. § 32-1859 — Arizona Code / Title 32 / Chapter 17 / Article 3 / Section 1859
32-1859 Medical assistants
Status: in_force

32-1859. Medical assistants

Nothing in this chapter shall be construed to prevent a medical assistant from assisting a doctor of osteopathic medicine pursuant to rules adopted by the board.
A.R.S. § 32-1125.01 — Arizona Code / Title 32 / Chapter 10 / Article 2 / Section 1125.01
32-1125.01 Inactive license
Status: in_force

32-1125.01. Inactive license

A. A contractor may request the registrar, on forms prescribed by the registrar, to inactivate the contractor's current license for a period not to exceed five years at one time by giving written notice to the registrar. The registrar, in the absence of any disciplinary proceeding or disciplinary suspension and on payment of reasonable fees determined by the registrar, may issue to the contractor an inactive license certificate. The inactive license certificate may consist of an endorsement on the contractor's license stating that the license is inactive. The registrar may not refund any of the license renewal fee a contractor paid before requesting inactive status.

B. A contractor's license that is not suspended or revoked and that is inactive may be reactivated as an active license on payment of the current renewal fee and thirty days' written notice to the registrar.  An examination may not be required to reactivate an inactive license. If the license is not reactivated within five years, a new application for licensing must be made unless the contractor requests, on forms prescribed by the registrar, to inactivate the license for an additional period not to exceed five years.  A contractor may not inactivate the license more than twice.

C. The holder of an inactive license may not practice as a contractor until the license is reactivated as an active license.

D. The inactive status of a contractor's license does not prevent the registrar from taking any disciplinary action against a licensed contractor for any of the grounds stated in this chapter.
A.R.S. § 32-1855.01 — Arizona Code / Title 32 / Chapter 17 / Article 3 / Section 1855.01
32-1855.01 Right to examine and copy evidence; summoning witnesses and documents; taking testimony; right to counsel; court aid; process
Status: in_force

32-1855.01. Right to examine and copy evidence; summoning witnesses and documents; taking testimony; right to counsel; court aid; process

A. Pursuant to an investigation conducted under this chapter, the board and its authorized agents and employees may examine any documents, reports, records or other physical evidence of any person being investigated, as well as the reports, records and other documents maintained by and in possession of any hospital, clinic, physician's office, laboratory, pharmacy or other public or private agency and health care institution as defined in section 36-401, that relate to medical competence, unprofessional conduct or the licensee's mental or physical ability to safely practice medicine.  The investigators may copy evidence on site and at the licensee's expense. Failing to permit access on request is unprofessional conduct.

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

1. The board, the executive director and the administrative law judges on their own initiative, or on application of any person involved in the investigation, may issue subpoenas to compel the attendance and testimony of witnesses or to demand the production for examination or copying of documents or any other physical evidence that relates to medical competence, unprofessional conduct or the mental or physical ability of a licensee to safely practice medicine.  Within five days after the service of a subpoena requiring the production of evidence, the recipient of the subpoena may petition the board to revoke, limit or modify the subpoena.  The board shall take the requested action if in its opinion the evidence required does not relate to unlawful practices covered by this chapter, is not relevant to the charge that is the subject matter of the hearing or investigation or does not describe with sufficient particularity the physical evidence whose production is required.  Any member of the board or any agent designated by the board may administer oaths or affirmations, examine witnesses and receive evidence. The superior court may enforce a subpoena issued by the board.

2. Any person appearing before the board has the right to be represented by counsel.

3. The superior court on application by the board has jurisdiction to issue an order to require the subject of the subpoena to appear before the board or its agent and produce evidence relating to the matter under investigation.  On application by the subject of the subpoena, the court may revoke, limit or modify the subpoena if in the court's opinion the evidence demanded does not relate to unlawful practices covered by this chapter, is not relevant to the charge that is the subject matter of the hearing or investigation or does not describe with sufficient particularity the evidence whose production is required.

4. The superior court, on application by the board, has jurisdiction to issue an order enforcing a board-ordered examination for mental, physical or medical competence as provided in section 32-1855, subsection B.
A.R.S. § 32-2091.02 — Arizona Code / Title 32 / Chapter 19.1 / Article 4 / Section 2091.02
32-2091.02 Qualifications of applicant
Status: in_force

32-2091.02. Qualifications of applicant

A person who wishes to practice as a behavior analyst must be licensed pursuant to this article.  An applicant for licensure must meet all of the following requirements:

1. Submit an application as prescribed by the board.

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

3. Pay all applicable fees prescribed by the board.

4. Have the physical and mental capability to safely and competently engage in the practice of behavior analysis.

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

6. Not have had a professional license or certificate refused, revoked, suspended or restricted in any regulatory jurisdiction in the United States or in another country for reasons that relate to unprofessional conduct. If the board finds that the applicant committed an act or engaged in conduct that would constitute grounds for disciplinary action in this state, the board shall determine to its satisfaction that the conduct has been corrected, monitored and resolved.  If the matter has not been resolved, the board shall determine to its satisfaction that mitigating circumstances exist that prevent its resolution.

7. Not have voluntarily surrendered a license or certificate in another regulatory jurisdiction in the United States or in another country while under investigation for reasons that relate to unprofessional conduct. If another jurisdiction has taken disciplinary action against an applicant, the board shall determine to its satisfaction that the cause for the action was corrected and the matter resolved.  If the matter has not been resolved by that jurisdiction, the board shall determine to its satisfaction that mitigating circumstances exist that prevent its resolution.

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

9. Beginning January 1, 2022, have applied for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.
A.R.S. § 32-151 — Arizona Code / Title 32 / Chapter 1 / Article 3 / Section 151
32-151 Certify; certification
Status: in_force

32-151. Certify; certification

The use of the word "certify" or "certification" by a person or firm that is registered or certified by the board is an expression of professional opinion regarding facts or findings that are the subject of the certification and does not constitute an express or implied warranty or guarantee.
A.R.S. § 32-2843 — Arizona Code / Title 32 / Chapter 28 / Article 4 / Section 2843
32-2843 Facilities; requirements
Status: in_force

32-2843. Facilities; requirements

A. A facility that wishes to conduct patient self-referral mammographic screening examinations after January 1, 1994 shall submit the following to the department:

1. The physician-approved guide for accepting self-referrals by patients.

2. A copy of the facility's quality assurance program.

3. The medical physicist's evaluation report of the facility.

B. A facility that does not have a darkroom on-site or that does not develop the films within one hour of exposure shall submit the following to the department:

1. A description of how the facility plans to ensure that the equipment is operating properly at the start of each day.

2. Information regarding the darkroom that develops the film that demonstrates to the department's satisfaction that transportation conditions will not adversely affect a person's ability to interpret the films.

C. The director shall prescribe requirements for the documents required to be submitted to the department under subsections A and B of this section.
A.R.S. § 32-1209 — Arizona Code / Title 32 / Chapter 11 / Article 1 / Section 1209
32-1209 Admissibility of records in evidence
Status: in_force

32-1209. Admissibility of records in evidence

A copy of any part of the recorded proceedings of the board certified by the executive director, or a certificate by the executive director that any asserted or purported record, name, license number, restricted permit number or action is not entered in the recorded proceedings of the board, may be admitted as evidence in any court in this state. A person making application and paying a fee set by the board may procure from the executive director a certified copy of any portion of the records of the board unless these records are classified as confidential as provided by law. Unless otherwise provided by law, all records concerning an investigation, examination materials, records of examination grading and applicants' performance and transcripts of educational institutions concerning applicants are confidential and are not public records.  "Records of applicants' performance" does not include records of whether an applicant passed or failed an examination.
A.R.S. § 32-3557 — Arizona Code / Title 32 / Chapter 35 / Article 3 / Section 3557
32-3557 Injunctive relief; bond; service of process
Status: in_force

32-3557. Injunctive relief; bond; service of process

A. In addition to all other available remedies, if the board has any reason to believe that a person has violated a provision of this chapter or a board rule, the board through the attorney general or the county attorney of the county in which the violation is alleged to have occurred may apply to the superior court in that county for an injunction restraining that person from engaging in the violation.

B. A temporary restraining order, a preliminary injunction or a permanent injunction shall be granted without bond.

C. Service of process may be on the defendant in any county of this state where he is found.
A.R.S. § 32-1674 — Arizona Code / Title 32 / Chapter 15.1 / Article 1 / Section 1674
32-1674 Records
Status: in_force

32-1674. Records

The board shall keep readily available for inspection a record of all applications for licenses, including a record as to whether a license or renewal license has been issued, and, if revoked or suspended, the date of filing the order of revocation or suspension. It shall maintain a list of all persons who have had a license revoked or suspended, and may keep a written record of all complaints filed against licensees. Each license issued shall be indicated by the serial number thereof and by the name and address of the licensee. The records shall be public records open to inspection.
A.R.S. § 32-1234 — Arizona Code / Title 32 / Chapter 11 / Article 2 / Section 1234
32-1234 Dental consultant license
Status: in_force

32-1234. Dental consultant license

A. A person may apply for a dental consultant license if the applicant demonstrates to the board's satisfaction that the applicant:

1. Has continuously held a license to practice dentistry for at least twenty-five years issued by one or more states or territories of the United States or the District of Columbia but is not currently licensed to practice dentistry in Arizona.

2. Has not had a license to practice dentistry revoked by a dental regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction and that constitutes unprofessional conduct pursuant to this chapter.

3. Is not currently under suspension or restriction by a dental regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction and that constitutes unprofessional conduct pursuant to this chapter.

4. Has not surrendered, relinquished or given up a license to practice dentistry in lieu of disciplinary action by a dental regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction and that constitutes unprofessional conduct pursuant to this chapter.

5. Meets the applicable requirements of section 32-1232.

6. Meets the requirements of section 32-1233, paragraph 1. If an applicant has taken a state written theory examination instead of the written national dental board examinations, the applicant must provide the board with official documentation of passing the written theory examinations in the state where the applicant holds a current license.  The board shall then determine the applicant's eligibility for a license pursuant to this section.

7. Meets the application requirements as prescribed in rule by the board.

B. The board shall suspend an application for a dental consultant license if the applicant is currently under investigation by a dental regulatory board in another jurisdiction in the United States.  The board shall not issue or deny a license to the applicant until the investigation is resolved.

C. A person to whom a dental consultant license is issued shall practice dentistry only in the course of the person's employment or on behalf of an entity licensed under title 20 with the practice limited to supervising or conducting utilization review or other claims or case management activity on behalf of the entity licensed pursuant to title 20.  A person who holds a dental consultant license is prohibited from providing direct patient care.

D. This section does not require a person to apply for or hold a dental consultant license in order for that person to serve as a consultant to or engage in claims review activity for an entity licensed pursuant to title 20.

E. Except as provided in subsection B of this section, a dental consultant licensee is subject to all of the provisions of this chapter that are applicable to licensed dentists.
A.R.S. § 32-1432.02 — Arizona Code / Title 32 / Chapter 13 / Article 2 / Section 1432.02
32-1432.02 Training permit; short-term permits; discipline
Status: in_force

32-1432.02. Training permit; short-term permits; discipline

A. The board shall grant a one year renewable training permit to a person participating in a teaching hospital's accredited internship, residency or clinical fellowship training program to allow that person to function only in the supervised setting of that program.  Before the board issues the permit, the person shall comply with the applicable registration requirements of this article and pay the fee prescribed in section 32-1436.

B. If a person who is participating in a teaching hospital's accredited internship, residency or clinical fellowship program must repeat or make up time in the program due to resident progression or other issues, the board may grant that person a training permit if requested to do so by the program's director of medical education or a person who holds an equivalent position. The permit limits the permittee to practicing only in the supervised setting of that program.

C. The board shall grant a training permit to a person who is not licensed in this state and who is participating in a short-term training program of four months or less conducted in an approved school of medicine or a hospital that has an accredited hospital internship, residency or clinical fellowship program in this state for the purpose of continuing medical education. Before the board issues the permit, the person shall comply with the applicable registration requirements of this article and pay the fee prescribed in section 32-1436.

D. A permittee is subject to the disciplinary regulation of article 3 of this chapter.
A.R.S. § 32-750 — Arizona Code / Title 32 / Chapter 6 / Article 3 / Section 750
32-750 Injunction against unlawful act
Status: in_force

32-750. Injunction against unlawful act

When in the judgment of the board any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of section 32-747, the board may make application to the appropriate court for an order enjoining such acts or practices, and upon a showing by the board that such person has engaged, or is about to engage, in any such acts or practices, an injunction, restraining order, or such other order as may be appropriate shall be granted by such court without bond.
A.R.S. § 32-1726 — Arizona Code / Title 32 / Chapter 16 / Article 2 / Section 1726
32-1726 Renewal of license; continuing education; failure to renew
Status: in_force

32-1726. Renewal of license; continuing education; failure to renew

A. Except as provided in section 32-4301, beginning on September 1, 2001, a licensee who wishes to renew a license must do so every other year on or before the licensee's birthday by submitting a completed renewal form and the renewal fee prescribed by the board. A licensee who does not renew a license within thirty days after the licensee's birthday must also pay a late fee as prescribed by the board.  A license expires if the licensee does not renew the license within four months after the licensee's birthday.  A person who practices optometry in this state after that person's license has expired is in violation of this chapter.

B. As a condition of renewal or reinstatement each licensee shall complete thirty-two hours of continuing education as prescribed by the board. The board shall require continuing education on the subject of pharmaceutical use for doctors who are authorized by the board to prescribe, dispense, and administer pharmaceuticals. The board may waive or adjust the continuing education requirements for good cause shown.

C. To reinstate an expired license a person must submit a written application and pay all delinquent biennial fees, all late fees and a fifty dollar penalty fee for each year the license remains unrenewed. The board shall not require the applicant to pass an initial licensing examination if the applicant meets the requirements of this subsection within five years after the license expired.

D. A person holding a license to practice the profession of optometry in this state who has not engaged in the practice of the profession of optometry within a five year period shall pass an initial licensing examination before the license is renewed.
A.R.S. § 32-2642 — Arizona Code / Title 32 / Chapter 26 / Article 4 / Section 2642
32-2642 Notice of arrest
Status: in_force

32-2642. Notice of arrest

Within forty-eight hours after being arrested, a security guard, an armed security guard, a security guard training instructor or a firearms safety training instructor shall notify the person's employer of the arrest. Within twenty-four hours after receiving notice of the arrest, the employer shall notify the department of the arrest.
A.R.S. § 32-552 — Arizona Code / Title 32 / Chapter 5 / Article 5 / Section 552
32-552 Change of ownership or location; change of trade name
Status: in_force

32-552. Change of ownership or location; change of trade name

A. A school shall not change from the name of one licensee to another or from one location to another or change its trade name without filing a new application and paying the prescribed fee.

B. A school owner shall notify the board in writing within ten days after any change of ownership of the school or change in the school's location or trade name, submit a new license application for the school and pay the prescribed fee.
A.R.S. § 32-1201 — Arizona Code / Title 32 / Chapter 11 / Article 1 / Section 1201
32-1201 Definitions
Status: in_force

32-1201. Definitions

In this chapter, unless the context otherwise requires:

1. "Affiliated practice dental hygienist" means any licensed dental hygienist who is able, pursuant to section 32-1289.01, to initiate treatment based on the dental hygienist's assessment of a patient's needs according to the terms of a written affiliated practice agreement with a dentist, to treat the patient without the presence of a dentist and to maintain a provider-patient relationship.

2. "Auxiliary personnel" means all dental assistants, dental technicians, dental x-ray technicians and other persons employed by dentists or firms and businesses providing dental services to dentists.

3. "Board" means the state board of dental examiners.

4. "Business entity" means a business organization that has an ownership that includes any persons who are not licensed or certified to provide dental services in this state, that offers to the public professional services regulated by the board and that is established pursuant to the laws of any state or foreign country.

5. "Dental assistant" means any person who acts as an assistant to a dentist, dental therapist or dental hygienist by rendering personal services to a patient that involve close proximity to the patient while the patient is under treatment or observation or undergoing diagnostic procedures.

6. "Dental hygienist" means any person who is licensed and engaged in the general practice of dental hygiene and all related and associated duties, including educational, clinical and therapeutic dental hygiene procedures.

7. "Dental incompetence" means lacking in sufficient dentistry knowledge or skills, or both, in that field of dentistry in which the dentist, dental therapist, denturist or dental hygienist concerned engages, to a degree likely to endanger the health of that person's patients.

8. "Dental laboratory technician" means any person, other than a licensed dentist, who, pursuant to a written work order of a dentist, fabricates artificial teeth, prosthetic appliances or other mechanical and artificial contrivances designed to correct or alleviate injuries or defects, both developmental and acquired, disorders or deficiencies of the human oral cavity, teeth, investing tissues, maxilla or mandible or adjacent associated structures.

9. "Dental therapist" means any person who is licensed and engaged in the general practice of dental therapy and all related and associated duties, including educational, clinical and therapeutic dental therapy procedures.

10. "Dental x-ray laboratory technician" means any person, other than a licensed dentist, who, pursuant to a written work order of a dentist, performs dental and maxillofacial radiography, including cephalometrics, panoramic and maxillofacial tomography and other dental related nonfluoroscopic diagnostic imaging modalities.

11. "Dentistry", "dentist" and "dental" mean the general practice of dentistry and all specialties or restricted practices of dentistry.

12. "Denturist" means a person practicing denture technology pursuant to article 5 of this chapter.

13. "Disciplinary action" means regulatory sanctions that are imposed by the board in combination with, or as an alternative to, revocation or suspension of a license and that may include:

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

(b) Imposition of restrictions on the scope of practice.

(c) Imposition of peer review and professional education requirements.

(d) Imposition of censure or probation requirements best adapted to protect the public welfare, which may include a requirement for restitution to the patient resulting from violations of this chapter or rules adopted under this chapter.

14. "Irregularities in billing" means submitting any claim, bill or government assistance claim to any patient, responsible party or third-party payor for dental services rendered that is materially false with the intent to receive unearned income as evidenced by any of the following:

(a) Charges for services not rendered.

(b) Any treatment date that does not accurately reflect the date when the service and procedures were actually completed.

(c) Any description of a dental service or procedure that does not accurately reflect the actual work completed.

(d) Any charge for a service or procedure that cannot be clinically justified or determined to be necessary.

(e) Any statement that is material to the claim and that the licensee knows is false or misleading.

(f) An abrogation of the copayment provisions of a dental insurance contract by a waiver of all or a part of the copayment from the patient if this results in an excessive or fraudulent charge to a third party or if the waiver is used as an enticement to receive dental services from that provider. This subdivision does not interfere with a contractual relationship between a third-party payor and a licensee or business entity registered with the board.

(g) Any other practice in billing that results in excessive or fraudulent charges to the patient.

15. "Letter of concern" means an advisory letter to notify a licensee or a registered business entity that, while the evidence does not warrant disciplinary action, the board believes that the licensee or registered business entity should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the board may result in board action against the practitioner's license or the business entity's registration. A letter of concern is not a disciplinary action. A letter of concern is a public document and may be used in a future disciplinary action.

16. "Licensed" means licensed pursuant to this chapter.

17. "Place of practice" means each physical location at which a person who is licensed pursuant to this chapter performs services subject to this chapter.

18. "Primary mailing address" means the address on file with the board and to which official board correspondence, notices or documents are delivered in a manner determined by the board.

19. "Qualified anesthesia provider" means any of the following:

(a) A licensee who holds a permit to administer anesthesia and sedation from the board pursuant to section 32-1207.

(b) A physician who has completed residency training in anesthesiology, who is licensed pursuant to chapter 13 or 17 of this title and who is registered with the Arizona medical board or the Arizona board of osteopathic examiners in medicine and surgery to administer anesthesia in dental offices and dental clinics pursuant to section 32-1403 or 32-1803.

(c) A certified registered nurse anesthetist who has a national board certification in anesthesiology, who is licensed pursuant to chapter 15 of this title and who is registered with the Arizona state board of nursing to administer anesthesia in dental offices and dental clinics pursuant to section 32-1606.

20. "Recognized continuing dental education" means continuing dental education as prescribed by the board in rule.

21. "Recognized dental hygiene school" means a school that has a dental hygiene program with a minimum two academic year curriculum, or the equivalent of four semesters, and that is approved by the board and accredited by the American dental association commission on dental accreditation.

22. "Recognized dental school" means a dental school that is accredited by the American dental association commission on dental accreditation.

23. "Recognized dental therapy school" means a school that is accredited or that has received initial accreditation by the American dental association commission on dental accreditation.

24. "Recognized denturist school" means a denturist school that maintains standards of entrance, study and graduation and that is accredited by the United States department of education or the council on higher education accreditation.

25. "Supervised personnel" means all dental hygienists, dental assistants, dental laboratory technicians, dental therapists, denturists, dental x-ray laboratory technicians and other persons supervised by licensed dentists.

26. "Teledentistry" means the use of data transmitted through interactive audio, video or data communications for the purposes of examination, diagnosis, treatment planning, consultation and directing the delivery of treatment by dentists and dental providers in settings permissible under this chapter or specified in rules adopted by the board.
A.R.S. § 32-2272 — Arizona Code / Title 32 / Chapter 21 / Article 6 / Section 2272
32-2272 Veterinary premises license; application; nontransferability; expiration; renewal; civil penalty
Status: in_force

32-2272. Veterinary premises license; application; nontransferability; expiration; renewal; civil penalty

A. Any person who desires to establish premises at or from which veterinary services are offered to the public shall file with the board an application for a veterinary premises license accompanied by the license fee.

B. The application shall be on a form prescribed and furnished by the board and shall contain:

1. The name and location of the premises.

2. The name of the person owning the premises and the name and signature of the veterinarian responsible to the board for the operation of the premises. The responsible veterinarian shall be a veterinarian who is licensed in this state and who resides in this state or who holds a special permit under section 32-2217.01, except that a veterinarian who only provides services at a temporary site in the state does not have to reside in this state.

3. A description of the services provided at or from the premises.

C. A license is valid only for the responsible veterinarian to whom it is issued. A license is not subject to sale, assignment or transfer, voluntary or involuntary. A license is not valid for any premises other than those for which issued. If there have been major changes in the scope of veterinary services offered, the premises are subject to reinspection.

D. A change of responsible veterinarian or owner shall cancel a premises license. The responsible veterinarian or owner shall surrender the premises license to the board within twenty days of the change in responsible veterinarian or owner. The failure of the responsible veterinarian or owner to notify the board in writing within twenty days of a change in responsible veterinarian or owner is grounds for disciplinary action.

E. Except as provided in section 32-4301, a license expires on December 31 of every even-numbered year unless suspended or revoked. A license is renewable for two years upon payment of the renewal fee. If the renewal fee is not paid before February 1 following the expiration of the license, a penalty fee of one hundred dollars shall be paid in addition to the renewal fee before the premises may be relicensed.

F. Within ninety days of receipt of an initial application and fee, the board shall issue a license if the application demonstrates compliance with this article or shall notify the applicant at his last address of record if the application is not in conformance with this article. Veterinary medical services may be performed at any premises for which an application fee is submitted pending issuance of the license or notification of a deficiency in the application.

G. If a veterinary premises ceases to operate and the premises owner is subject to this chapter, the premises owner must continue to comply with the requirements of this chapter and rules adopted by the board.  The premises owner is subject to a civil penalty of not more than one thousand dollars for each violation of the requirements of this chapter or rules adopted by the board.  The total penalty shall not exceed five thousand dollars.

H. If the responsible veterinarian is only an employee, the premises owner is subject to a civil penalty of not more than one thousand dollars for each violation of this article.  The total penalty shall not exceed five thousand dollars.
A.R.S. § 32-2026 — Arizona Code / Title 32 / Chapter 19 / Article 2 / Section 2026
32-2026 Licensure by endorsement
Status: in_force

32-2026. Licensure by endorsement

A. The board shall issue a license to a physical therapist who has a valid unrestricted license from another jurisdiction of the United States if that person, when granted the license, met all of the requirements prescribed in section 32-2022, subsection A or B and any applicable board rules.

B. The board shall issue a license to a physical therapist assistant who has a valid unrestricted license or certificate from another jurisdiction of the United States if that person, when granted the license or certificate, met all of the requirements prescribed in section 32-2022, subsection D and any applicable board rules.
A.R.S. § 32-3249.01 — Arizona Code / Title 32 / Chapter 32 / Article 5 / Section 3249.01
32-3249.01 Designated database information; collection; transfer; confidentiality
Status: in_force

32-3249.01. Designated database information; collection; transfer; confidentiality

A. Beginning January 2, 2021, each board shall request from applicants for initial or renewal licensure, certification or registration or otherwise on an annual basis the designated database information prescribed in rule by the director pursuant to section 36-104. Each board shall transfer the designated database information to the department on an annual basis.

B. To protect the privacy and security of health professionals who provide information pursuant to this section, the information unique to the designated database that is collected pursuant to this section is confidential and is not a public record pursuant to title 39, chapter 1, article 2 and may be distributed, redistributed or transferred only pursuant to subsection C of this section and title 36, chapter 1, article 3.

C. Each board may maintain and use but may not distribute the data collected pursuant to this section that is unique to the designated database, except a university under the jurisdiction of the Arizona board of regents may request and the health profession regulatory board may distribute designated database information collected by the health profession regulatory board, including personally identifiable information. The university may redistribute the designated database information received from the board only if both of the following apply:

1. The data is deidentified pursuant to the published standards of the United States department of health and human services.

2. The data is incorporated in research and analysis by the university that is generated using the data.
A.R.S. § 32-3904 — Arizona Code / Title 32 / Chapter 39 / Article 1 / Section 3904
32-3904 Executive director; personnel; duties; compensation
Status: in_force

32-3904. Executive director; personnel; duties; compensation

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

B. The executive director is eligible to receive compensation set by the board within the range determined pursuant to section 38-611.

C. The executive director shall:

1. Perform the administrative duties of the board.

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

3. Perform other duties as directed by the board.
A.R.S. § 32-1156 — Arizona Code / Title 32 / Chapter 10 / Article 3 / Section 1156
32-1156 Hearings
Status: in_force

32-1156. Hearings

A. Title 41, chapter 6, article 10 applies to hearings under this chapter.

B. In a hearing or rehearing conducted pursuant to this section a company may be represented by an officer or employee who is not a member of the state bar if both:

1. The company has specifically authorized the officer or employee to represent it.

2. The representation is not the officer's or employee's primary duty to the company but is secondary to the officer's or employee's duties relating to the management or operation of the company.
A.R.S. § 32-565 — Arizona Code / Title 32 / Chapter 5 / Article 5 / Section 565
32-565 Schools; postsecondary education institutions
Status: in_force

32-565. Schools; postsecondary education institutions

A school must be recognized as a postsecondary educational institution if both of the following apply:

1. The school admits as regular students only individuals who have earned a recognized high school diploma or the equivalent of a recognized high school diploma or who are beyond the age of compulsory education as provided by section 15-802.

2. The school is licensed by name by the board under this chapter to offer one or more training programs beyond the secondary school level.
A.R.S. § 32-2176 — Arizona Code / Title 32 / Chapter 20 / Article 3.1 / Section 2176
32-2176 Payment of finder fees to apartment tenants; limits; prohibited activities; civil penalty; definitions
Status: in_force

32-2176. Payment of finder fees to apartment tenants; limits; prohibited activities; civil penalty; definitions

A. Notwithstanding sections 32-2155, 32-2163 and 32-2165 or any other provision of this chapter, a property management firm or a property owner may:

1. Pay a finder fee to an unlicensed person who is a tenant in an apartment complex managed by the firm or owned by the owner.

2. Authorize a residential leasing agent or manager to deliver a finder fee to an unlicensed person who is a tenant in an apartment complex managed by the residential leasing agent or manager. A residential leasing agent or manager may not receive a finder fee. This prohibition does not affect the ability of a residential leasing agent or manager to receive a bonus pursuant to section 32-2121, subsection A, paragraph 6.

B. A finder fee paid pursuant to this section shall be a credit toward or reduction in the tenant's monthly rent.  A tenant may receive multiple finder fees.

C. A tenant shall limit the tenant's activities pursuant to this section to referring prospective lessees to the owner or the owner's agent and shall not do any of the following:

1. Show a residential dwelling unit to a prospective lessee.

2. Discuss terms or conditions of leasing a dwelling unit with a prospective lessee.

3. Participate in the negotiation of the leasing of a dwelling unit.

D. This section does not allow an unlicensed person to advertise or otherwise promote the person's services in procuring or assisting to procure prospective lessors or tenants of apartment units.

E. For a licensee who pays a finder fee in violation of this section, for each violation the department may suspend or revoke the licensee's license or impose a civil penalty pursuant to section 32-2153.

F. For the purposes of this section:

1. "Finder fee" means a fee paid to a person for introducing or arranging an introduction between the parties to a transaction involving the rental of an apartment unit.

2. "Property owner" means a person who is exempt from the licensing requirements of this chapter pursuant to section 32-2121, subsection A, paragraph 1.

3. "Residential leasing agent or manager" has the same meaning prescribed in section 32-2121, subsection A, paragraph 6.
A.R.S. § 32-2091.07 — Arizona Code / Title 32 / Chapter 19.1 / Article 4 / Section 2091.07
32-2091.07 Active license; issuance; renewal; expiration; continuing education
Status: in_force

32-2091.07. Active license; issuance; renewal; expiration; continuing education

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

B. A person holding an active or inactive license shall apply to renew the license on or before the last day of the birth month of the licensee every other year as follows:

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

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

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

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

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

F. A person who applies for an initial renewal of a license pursuant to this section on or after January 1, 2022 shall possess or have applied for a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.
A.R.S. § 32-2523 — Arizona Code / Title 32 / Chapter 25 / Article 2 / Section 2523
32-2523 Licensure; renewal; continuing education; audit; penalty fee; expiration
Status: in_force

32-2523. Licensure; renewal; continuing education; audit; penalty fee; expiration

A. Except as provided in section 32-4301, each holder of a regular license shall renew the license every other year on or before the licensee's birthday by paying the prescribed renewal fee and supplying the board with information it deems necessary, including proof of having completed, before the renewal date, forty hours of category I continuing medical education approved by the American academy of physician assistants, the American medical association, the American osteopathic association or any other accrediting organization acceptable to the board.  The board shall verify continuing medical education compliance and shall randomly audit at least ten percent of physician assistants who are renewing their license within the calendar year and who do not hold a current national certification from a national certification organization for physician assistants that is approved by the board.

B. Except as provided in section 32-4301, a holder of a regular license who fails to renew the license within thirty days after the licensee's birthday shall pay a penalty fee as set forth in rule for late renewal.

C. Except as provided in section 32-4301, if a holder of a regular license fails to renew the license within ninety days after the licensee's birthday, the license automatically expires.  It is unlawful for a person to perform health care tasks of a physician assistant after the license expires.

D. A person whose license expires may reapply for licensure pursuant to this chapter.

E. If a licensee does not meet the requirements of subsection A of this section because of that person's illness, religious missionary activity or residence in a foreign country or any other extenuating circumstance, the board may grant an extension of the deadline if it receives a written request to do so from the licensee that details the reasons for this request.

F. The continuing medical education requirement in subsection A of this section is deemed satisfied if, at the time of renewal, the licensee holds a certification in good standing from a certifying body approved by the board.
A.R.S. § 32-2555 — Arizona Code / Title 32 / Chapter 25 / Article 4 / Section 2555
32-2555 Injunctions
Status: in_force

32-2555. Injunctions

A. The superior court may issue an injunction to enjoin:

1. A person who is not licensed pursuant to this chapter or who is not exempt from licensure pursuant to this chapter from performing health care tasks.

2. A physician assistant from performing health care tasks if the court determines that the licensee will or may cause irreparable damage to the public health and safety before the board has an opportunity to act pursuant to section 32-2551.

3. An act proscribed in section 32-2554, subsection B.

B. In a petition for an injunction pursuant to subsection A, paragraph 1 of this section, it is sufficient for the petitioner to charge that the respondent on a day certain in a named county engaged in the performance of health care tasks without being licensed or exempt from licensure pursuant to this chapter. It is not necessary for the petitioner to show damage or injury.

C. In a petition for an injunction pursuant to subsection A, paragraph 2 of this section, the petitioner shall specify the facts regarding the licensee's threat to the public health and safety.

D. The board shall file the petition in the superior court in Maricopa county or in the county where the respondent resides or is found.
A.R.S. § 32-2219 — Arizona Code / Title 32 / Chapter 21 / Article 2 / Section 2219
32-2219 Fees; veterinary licenses; veterinary faculty member licenses
Status: in_force

32-2219. Fees; veterinary licenses; veterinary faculty member licenses

A. Every original application for a veterinary license or a veterinary faculty member license shall be accompanied by an examination fee of not more than four hundred dollars.

B. For every issuance of a veterinary license or a veterinary faculty member license there shall be collected a fee of not more than one hundred dollars in even-numbered years and two hundred dollars in odd-numbered years.

C. For every renewal of a veterinary license or a veterinary faculty member license there shall be collected a fee of not more than four hundred dollars.

D. Every request for a temporary permit shall be accompanied by a fee of seventy-five dollars.

E. For every issuance of a duplicate license, there shall be collected a fee of not more than twenty-five dollars.

F. No fee shall be returned to an applicant.
A.R.S. § 32-4203 — Arizona Code / Title 32 / Chapter 42 / Article 1 / Section 4203
32-4203 Board; powers and duties
Status: in_force

32-4203. Board; powers and duties

A. The board shall:

1. Evaluate the qualifications of applicants for licensure.

2. Designate at least one national examination that it requires applicants to pass.  The examination must be available to a graduating massage therapy or bodywork therapy student within ninety days before the student's expected graduation date. The board shall require that an examination be processed and the results returned to the board within thirty days after the examination is administered.  If, by October 20, 2005, the testing agency administering the examination fails or is unable to comply with the requirements of this paragraph, the board shall designate another examination for applicants to pass.

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

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

5. Establish education requirements for licensees and applicants, including identifying board-recognized schools and continuing education programs and assessing the continuing competence of licensees.

6. Adopt rules for ethical and professional conduct to govern the practice of massage therapy in this state.

7. Adopt rules to enforce this chapter.

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

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

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

11. Maintain a current list of all licensees that includes the licensee's name, current business address and telephone number and license number and that is regularly accessible in electronic format to public officials and agencies to verify the license status of licensees in this state.

12. Enter into contracts for services necessary to enforce this chapter.

13. Publish, at least annually, or make available for copying or reproduction in any format, final disciplinary actions taken against a licensee.

B. The board may:

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

2. Administer oaths and affirmations, subpoena witnesses, take evidence and require the production of documents, records or information, either kept in original form or electronically stored or recorded, or other items relevant to a matter within the jurisdiction of the board.

3. For initial licensure, require a criminal background check, including the fingerprinting of every applicant for licensure, to assist the board in determining whether grounds exist to deny a license.
A.R.S. § 32-705 — Arizona Code / Title 32 / Chapter 6 / Article 1 / Section 705
32-705 Board of accountancy fund; disposition of monies
Status: in_force

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

(L24, Ch. 222, sec. 5.  Eff. until 7/1/28)

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

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

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

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

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

2. Legal proceedings taken to enforce this chapter.

3. Educational programs to benefit the public, registrants and their employees.
A.R.S. § 32-3102 — Arizona Code / Title 32 / Chapter 31 / Article 1 / Section 3102
32-3102 Nonapplicability of chapter
Status: in_force

32-3102. Nonapplicability of chapter

This chapter does not:

1. Apply to any regulatory entity legislatively enacted before August 7, 1985, except as provided in this chapter.

2. Apply to or interfere in any way with the practice of religion or any kind of treatment by prayer.

3. Apply to any remedial or technical amendments to any law.
A.R.S. § 32-3293 — Arizona Code / Title 32 / Chapter 33 / Article 5 / Section 3293
32-3293 Licensed clinical social worker; licensure; qualifications
Status: in_force

32-3293. Licensed clinical social worker; licensure; qualifications

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

1. Furnish documentation as prescribed by the board by rule that the person has:

(a) Earned a master's or higher degree in social work from a regionally accredited college or university in a program accredited by the council on social work education or a degree from a foreign school based on a program of study that the board determines is substantially equivalent.

(b) Received at least twenty-four months of post-master's degree experience in the practice of clinical social work under supervision that includes at least one thousand six hundred hours of direct client contact that meets the requirements prescribed by the board by rule.  For clinical supervision, at least one hundred hours of experience must be as prescribed by the board by rule.  For direct client contact hours, not more than four hundred hours may be in psychoeducation.

2. Provide documentation on a board-approved form completed by the person's supervisor attesting that the person both:

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

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

3. Pass an examination approved by the board.
A.R.S. § 32-2353 — Arizona Code / Title 32 / Chapter 23 / Article 1 / Section 2353
32-2353 Exemptions
Status: in_force

32-2353. Exemptions

This chapter does not apply to any person who gives driver training lessons without charge, to employers maintaining driver training schools without charge for their employees only or to schools or classes conducted by colleges, universities and high schools for regularly enrolled, full-time students as a part of the normal program for such institutions.
A.R.S. § 32-1165 — Arizona Code / Title 32 / Chapter 10 / Article 3 / Section 1165
32-1165 Advertising; violation; classification
Status: in_force

32-1165. Advertising; violation; classification

Except as authorized by section 32-1121, subsection A, it is a class 1 misdemeanor for any person to advertise that the person is able to perform any service or contract for compensation subject to regulation by the registrar under the terms of this chapter unless the person first obtains a license under the terms of this chapter.
A.R.S. § 32-2275 — Arizona Code / Title 32 / Chapter 21 / Article 6 / Section 2275
32-2275 Rules; adoption; considerations
Status: in_force

32-2275. Rules; adoption; considerations

The board may adopt rules setting forth minimum standards for veterinary medical premises and for the practice of veterinary medicine. The board shall, in the development of these rules, take into consideration the needs, problems and practices relating to the differences encountered by large animal veterinarians and other veterinarians and shall also consider the different needs, problems and practices encountered in the provision of veterinary services in rural or remote locations in comparison with the provision of veterinary services at the veterinarian's principal place of business.
A.R.S. § 32-743 — Arizona Code / Title 32 / Chapter 6 / Article 3 / Section 743
32-743 Hearings; judicial review
Status: in_force

32-743. Hearings; judicial review

A. The board may initiate proceedings under this chapter, for cause, either on its own motion or a verified complaint pursuant to title 41, chapter 6, article 10.

B. A written notice stating the nature of the charge or charges against the holder of a certificate and the time and place of the hearing before the board on the charges shall be served not less than twenty days prior to the date of the hearing either personally or by mailing a copy of the notice, certified mail, to the address last known to the board.

C. If, after having been served with the notice of hearing, the person fails to appear at the hearing and defend, the board may proceed to hear evidence against the person and may enter such order as shall be justified by the evidence.

D. At all hearings the attorney general of this state, one of the attorney general's assistants or a special assistant designated by the attorney general shall appear and represent the board.

E. The decision of the board shall be by majority vote.  Any person aggrieved by the decision may file a motion for a rehearing pursuant to title 41, chapter 6, article 10.

F. Except as provided in section 41-1092.08, subsection H, the board's final decision is subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 32-2194.08 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.08
32-2194.08 Administrative penalties
Status: in_force

32-2194.08. Administrative penalties

A. Any cemetery owner, operator, broker or salesman subject to the jurisdiction of the department who violates any provision of this chapter or any rule or order promulgated by the commissioner, who deviates substantially from the provisions under which a certificate of authority was issued or who engages in any unlawful practices defined in section 44-1522 with respect to the sale of cemetery plots may be assessed a civil penalty by the commissioner, after a hearing, in an amount of not to exceed one thousand dollars for each infraction.

B. Actions to recover penalties pursuant to this section shall be brought by the attorney general in the name of this state in the superior court in the county in which the violation occurred or in a county in which the commissioner maintains an office.
A.R.S. § 32-1291.02 — Arizona Code / Title 32 / Chapter 11 / Article 4 / Section 1291.02
32-1291.02 Oral preventive assistants; qualifications; scope of practice; supervision; definition
Status: in_force

32-1291.02. Oral preventive assistants; qualifications; scope of practice; supervision; definition

A. In order to practice as an oral preventive assistant, a dental assistant shall complete a board-approved oral preventive assistant training course that includes at least one hundred twenty hours of didactic and clinical instruction with patients and that is provided by a qualifying institution. Before taking an oral preventive assistant training course, a dental assistant must meet all of the following:

1. Hold a current certification in cardiopulmonary resuscitation.

2. Hold a board-approved certification for both coronal polishing and radiography.

3. Either:

(a) Hold a current national board certification in dental assisting.

(b) Have successfully completed a dental assisting educational program accredited by a state or national organization that accredits dental programs.

B. The scope of practice for an oral preventive assistant is limited to removing plaque, calculus and stains, with scalers or sonic or ultrasonic scaling devices, on patients who have first received a periodontal evaluation by a dentist or dental hygienist. An oral preventive assistant may practice only on periodontally healthy patients or patients with localized mild gingivitis. An oral preventive assistant may not use any air polishing technology or device or practice on patients who have been treated for periodontal disease, have generalized recession, are medically compromised or are under sedation.

C. An oral preventive assistant who provides coronal calculus removal services pursuant to this section shall both:

1. Inform each patient and document in the patient's clinical record that the patient's care was not provided by a licensed dental provider.

2. Prominently post the oral preventive assistant's certificate of completion of an approved course of instruction at the location where the coronal calculus removal services are performed.

D. An oral preventive assistant may practice in this state only under the direct supervision of a dentist or dental hygienist. A dentist may supervise not more than three oral preventive assistants at the same time.  A dental hygienist may supervise not more than one oral preventive assistant at any time.  A dentist or dental hygienist who allows an oral preventive assistant to perform coronal calculus removal services in violation of this section commits an act of unprofessional conduct.

E. For the purposes of this section, "qualifying institution" means an institution of higher education, including a community college, that provides a dental or dental hygiene program that is accredited by the commission on dental accreditation, or its successor.
A.R.S. § 32-2194.09 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.09
32-2194.09 Civil liabilities
Status: in_force

32-2194.09. Civil liabilities

A. If any part of the notice of intention filed pursuant to section 32-2194.01 contains an untrue statement of a material fact or omits a material fact required to be stated in such notice, the owner or agent is liable as provided in this article to any person who acquires a plot in the cemetery.

B. A cemetery owner, operator, broker or salesman who sells a cemetery plot in violation of this article is liable to the purchaser of such plot as provided in this article.

C. It is unlawful for any cemetery owner, operator, broker or salesman in selling or offering to sell any cemetery plot to:

1. Employ any device, scheme or artifice to defraud.

2. Obtain money or property by means of a material misrepresentation with respect to any information included in the notice of intention or the certificate of authority with respect to any other information pertinent to the plot on which the purchaser relies.

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

D. Damages in any suit brought pursuant to this section shall be the difference between the amount paid for the plot together with the reasonable cost of improvements to such plot and whichever of the following is the smallest:

1. The value of the plot and improvements as of the time the suit was brought.

2. The price at which the plot was disposed of in a bona fide market transaction before suit.

3. The price at which the plot was disposed of in a bona fide market transaction after suit was brought but before judgment.

E. In an action in which a violation of this section is established the purchaser is also entitled to recover reasonable attorney fees as determined by the court. If a violation is not established, the court, in its discretion, may award reasonable attorney fees to the defendant.

F. Every person who becomes liable to make any payment pursuant to this section may recover contribution as in cases of contract from any person who, if sued separately, would have been liable to make the same payment.

G. In no case shall the amount recoverable pursuant to this section exceed the sum of the purchase price of the plot, the reasonable cost of improvements installed by the purchaser and reasonable court costs and attorney fees.

H. Nothing contained in this section precludes any other remedies that may exist at law or in equity.

I. No action may be maintained to enforce any liability created pursuant to subsection A or B of this section unless brought within one year after the discovery of the untrue statement or the omission or after such discovery should have been made by the exercise of reasonable diligence. No action may be maintained to enforce any liability created pursuant to subsection C of this section unless brought within two years after the violation on which it is based. In no event shall any such action be brought by a purchaser more than three years after the sale to the purchaser.
A.R.S. § 32-2243 — Arizona Code / Title 32 / Chapter 21 / Article 4 / Section 2243
32-2243 Examination
Status: in_force

32-2243. Examination

The board shall adopt rules and regulations governing the written examinations and practical demonstrations by which all applicants shall be tested and shall provide for giving reasonable notice of the time and place for examinations.
A.R.S. § 32-2525 — Arizona Code / Title 32 / Chapter 25 / Article 2 / Section 2525
32-2525 Cancellation of license
Status: in_force

32-2525. Cancellation of license

A. A person who holds an active regular license as a physician assistant, who is not presently under investigation by the board as the result of a complaint or information received by it, and against whom the board has not commenced any disciplinary proceedings may request and the board shall grant cancellation of the license.

B. The board may accept the request to cancel the active regular license of a physician assistant who has been charged with a violation of this chapter or rules adopted pursuant to this chapter if the physician assistant admits the charges and stipulates this admission for the record.
A.R.S. § 32-2197.16 — Arizona Code / Title 32 / Chapter 20 / Article 9 / Section 2197.16
32-2197.16 Separate disclosures
Status: in_force

32-2197.16. Separate disclosures

A. The purchase agreement must contain a separate disclosure document that discloses all of the following in at least ten-point type:

1. If the purchaser signs the purchase agreement, the purchaser has ten days to cancel the purchase agreement without a penalty.

2. If the purchaser signs the purchase agreement, the purchaser may be responsible for paying maintenance fees, taxes and other assessments every year for the duration of ownership.

3. Timeshares are not investments.

4. The purchase agreement is final and any conflicting statements made by the seller are not part of the purchase agreement.

5. The purchaser has the right to file a consumer complaint with the attorney general.

B. Before entering into a purchase agreement, the seller must provide the purchaser with a separate disclosure document to adequately inform the purchaser of the purchaser's actual and potential liabilities under the purchase agreement. At a minimum, this separate disclosure document must conspicuously disclose all of the following:

1. The duration of the timeshare agreement entered into by the purchaser or whether the agreement has no set duration.

2. A loan estimate of the total potential financial obligation of the purchaser during the first year of ownership that includes additional charges to which the purchaser may be subject during the first year of ownership, including all potential assessments. The disclosure shall be as follows:

(a) If the maximum amount of the first year's assessments is known at the time of purchase, the disclosure must disclose the maximum amount of these assessments and the assessments levied for each of the previous three years, if available.

(b) If the maximum amount of the first year's assessments is unknown at the time of purchase, the disclosure must provide the purchaser with the following:

(i) Notice that the purchaser will be required to pay assessments in addition to the disclosed purchase payment and that the amount of those assessments is currently unknown.

(ii) A statement disclosing the assessments levied for each of the previous three years, if available, and a loan estimate of the first year's assessments that is at least the highest amount assessed during any of the previous three years based on the timeshare interest being offered.

(iii) Unless the purchase agreement provides for a limit on assessments during the first year of ownership, an affirmative statement that there is no limit on the assessments that the purchaser may be charged in the first year of ownership.

C. If there are blank spaces in the purchase agreement or the disclosure documents prescribed by this section, the contract is voidable.

D. The purchaser must separately initial each disclosure prescribed by subsection A of this section, sign the separate disclosure prescribed by subsection B of this section and verify that the purchaser has read and understands the information presented in the separate disclosures.  An initialed copy of the separate disclosure prescribed by subsection A of this section and a signed copy of the separate disclosure prescribed by subsection B of this section shall be provided to the purchaser for the purchaser's records at the time of signing, and the seller shall keep a signed copy of the separate disclosures.

E. The commissioner may recommend or require that the separate disclosures be in a specified form.  The form must contain the information required by this section.
A.R.S. § 32-555 — Arizona Code / Title 32 / Chapter 5 / Article 5 / Section 555
32-555 Equipment
Status: in_force

32-555. Equipment

A school shall contain sufficient equipment as prescribed by the board in its rules.
A.R.S. § 32-1169 — Arizona Code / Title 32 / Chapter 10 / Article 3 / Section 1169
32-1169 Building permits; local proof of valid license; violation
Status: in_force

32-1169. Building permits; local proof of valid license; violation

A. Each county, city or other political subdivision or authority of this state or any agency, department, board or commission of this state that requires the issuance of a building permit as a condition precedent to the construction, alteration, improvement, demolition or repair of a building, structure or other improvement to real property for which a license is required under this chapter, as part of the application procedures which it uses, shall require that each applicant for a building permit file a signed statement that the applicant is properly licensed to perform the work described in the permit under this chapter with the applicant's license number.  If the applicant purports to be exempt from the licensing requirements of this chapter, the statement shall contain the basis of the asserted exemption and the name and license number of any general, mechanical, electrical or plumbing contractor who will be employed on the work. The local issuing authority may require from the applicant a statement signed by the registrar to verify any purported exemption.

B. The filing of an application containing false or incorrect information concerning an applicant's contractor's license with the intent to avoid the licensing requirements of this chapter is unsworn falsification pursuant to section 13-2704.
A.R.S. § 32-1321 — Arizona Code / Title 32 / Chapter 12 / Article 2 / Section 1321
32-1321 License requirement; persons not required to be licensed; nontransferability; display
Status: in_force

32-1321. License requirement; persons not required to be licensed; nontransferability; display

A. A person shall not advertise or engage in funeral directing, cremation, alkaline hydrolysis or embalming without having a valid license issued by the department.

B. This article does not prohibit:

1. A person from performing removals or arrangements or from directing funeral services if the person is under the direction of and accountable to a licensed funeral director.

2. A licensed cemetery employee from selling burial or final disposition items or from arranging or directing cemetery services.

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

D. A licensee shall conspicuously display the person's license at the person's place of employment.
A.R.S. § 32-1941 — Arizona Code / Title 32 / Chapter 18 / Article 2 / Section 1941
32-1941 Third-party logistics providers; permit required; designated representative; fingerprinting requirements
Status: in_force

32-1941. Third-party logistics providers; permit required; designated representative; fingerprinting requirements

A. A third-party logistics provider that engages in logistics services into, within or from this state shall hold a third-party logistics provider permit in this state.

B. A third-party logistics provider shall comply with storage practices, including all of the following:

1. Maintain access to warehouse space of a suitable size to facilitate safe operations, including a suitable area to quarantine a suspect product.

2. Maintain adequate security.

3. Have written policies and procedures to:

(a) Address the receipt, security, storage, inventory, shipment and distribution of a product.

(b) Identify, record and report confirmed significant losses or thefts in the United States.

(c) Correct errors and inaccuracies in inventories.

(d) Provide support for manufacturer recalls.

(e) Prepare for, protect against and address any reasonably foreseeable crisis that affects a facility's security or operation, such as an employee strike, a fire or a flood.

(f) Ensure that any expired product is segregated from other products and returned to the manufacturer, repackager or agent of the manufacturer or repackager or is destroyed.

(g) Maintain records reflecting the receipt and distribution of products and supplies and records of inventories.

(h) Quarantine or destroy a suspect product if directed to do so by the respective manufacturer, wholesale distributor or dispenser or an authorized governmental agency.

C. A third-party logistics provider shall make its facility available to the board for inspection during regular business hours to ensure compliance with this section.

D. A third-party logistics provider shall have a designated representative at each facility who has not been convicted of any felony violation under any federal, state or local law relating to wholesale or retail prescription or over-the-counter dangerous drugs or dangerous devices distribution or the distribution of controlled substances.

E. A third-party logistics provider shall provide the board on the board's request with a list of all manufacturers, wholesale distributors, dispensers and durable medical equipment suppliers for whom the third-party logistics provider provides services at a facility.

F. A third-party logistics provider's designated representative shall have a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1, which shall be submitted with the completed application. If the third-party logistics provider changes its designated representative, the new designated representative shall have a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 and submitted to the board before the change in representation is made.
A.R.S. § 32-1123.01 — Arizona Code / Title 32 / Chapter 10 / Article 2 / Section 1123.01
32-1123.01 Staggered periods of licensure; biennial renewal
Status: in_force

32-1123.01. Staggered periods of licensure; biennial renewal

A. The registrar shall maintain a system of staggered licensure to distribute the work of licensure throughout the twelve months of the year.

B. The registrar shall implement a system for biennial license renewal and provide for proration of license renewal fees for that purpose.

C. The registrar may grant an exception to the biennial licensing or biennial renewal requirements of this section and may allow an annual renewal based on a written petition by a contractor claiming that the biennial requirements would cause a real and immediate hardship.
A.R.S. § 32-1830 — Arizona Code / Title 32 / Chapter 17 / Article 2 / Section 1830
32-1830 Training permits; approved schools
Status: in_force

32-1830. Training permits; approved schools

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

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

2. Pays the fee as prescribed by the board.

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

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

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

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

(d) States that the host institution has advised the participant that the participant may serve as a member of an organized medical team but shall not practice medicine independently and that this training does not accrue toward postgraduate training requirements for licensure.
A.R.S. § 32-1634 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1634
32-1634 Licensing out-of-state registered nurses
Status: in_force

32-1634. Licensing out-of-state registered nurses

A. The board may issue a license to practice registered nursing to an applicant who has been duly licensed or registered as a registered nurse in another state or a territory of the United States if in the opinion of the board the applicant meets the qualifications required of a registered nurse in this state pursuant to sections 32-1632 and 32-1633.

B. The board shall not issue a license to an applicant who has one or more felony convictions and who has not received an absolute discharge from the sentences for all felony convictions three or more years before the date of filing the application.
A.R.S. § 32-1992 — Arizona Code / Title 32 / Chapter 18 / Article 4 / Section 1992
32-1992 Provisions of marijuana, prescription-only drugs, narcotics, dangerous drugs or controlled substances laws not invalidated by this chapter; medicated feed not included
Status: in_force

32-1992. Provisions of marijuana, prescription-only drugs, narcotics, dangerous drugs or controlled substances laws not invalidated by this chapter; medicated feed not included

A. Nothing in this chapter shall be construed to relieve any person from any requirement prescribed by or under authority of law with respect to marijuana, prescription-only drugs, narcotics, dangerous drugs or controlled substances as defined in the applicable federal and state laws relating to these drugs or substances.

B. Nothing in this chapter shall be interpreted to include medicated feed for veterinary use.
A.R.S. § 32-4151 — Arizona Code / Title 32 / Chapter 41 / Article 3 / Section 4151
32-4151 Lawful practice
Status: in_force

32-4151.  Lawful practice

A. An athletic trainer shall refer a person with an athletic injury or athletic illness to one or more appropriate health care practitioners if the athletic trainer has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice of athletic training or if athletic training is contraindicated.

B. An athletic trainer shall adhere to the recognized standards and ethics of the athletic training profession and as further established by rule.

C. This chapter does not authorize an athletic trainer to practice any other profession regulated under this title and does not expand the scope of practice of any health care provider who is not licensed pursuant to this chapter but who is licensed pursuant to this title.

D. This chapter does not authorize an athletic trainer to treat an athletic illness at any time other than during a person's participation in or preparation for games or sports or participation in recreational activities or physical fitness activities.
A.R.S. § 32-1428 — Arizona Code / Title 32 / Chapter 13 / Article 2 / Section 1428
32-1428 Pro bono registration
Status: in_force

32-1428. Pro bono registration

A. The board may issue a pro bono registration to allow a doctor who is not a licensee to practice in this state for a total of up to sixty days each calendar year if the doctor:

1. Holds an active and unrestricted license to practice medicine in a state, territory or possession of the United States or an inactive license pursuant to section 32-1431.

2. Has never had the license revoked or suspended.

3. Is not the subject of an unresolved complaint.

4. Applies for registration on a yearly basis as prescribed by the board.

5. Agrees to render all medical services without accepting a fee or salary or performs only initial or follow-up examinations at no cost to the patient and the patient's family through a charitable organization.

B. The sixty days of practice prescribed pursuant to subsection A of this section may be performed consecutively or cumulatively during each calendar year.

C. For the purpose of meeting the requirements of subsection A of this section, an applicant shall provide the board the name of each state in which the person is licensed or has held a license and the board shall verify with the applicable regulatory board of each state that the applicant is licensed or has held a license, has never had a license revoked or suspended and is not the subject of an unresolved complaint.  The board may accept the verification of the information required by subsection A, paragraphs 1, 2 and 3 of this section from each of the other state's regulatory board either electronically or by hard copy.
A.R.S. § 32-1132.01 — Arizona Code / Title 32 / Chapter 10 / Article 2.1 / Section 1132.01
32-1132.01 Actual damages; fund; limitations; definition
Status: in_force

32-1132.01. Actual damages; fund; limitations; definition

A. An award from the residential contractors' recovery fund is limited to residential real properties.  The fund may not issue an award covering damages to commercial property.

B. An award from the residential contractors' recovery fund may not exceed the actual damages suffered by the claimant as a direct result of a contractor's violation.  Actual damages:

1. May not exceed an amount necessary to complete or repair a residential structure or appurtenance within residential property lines.

2. Must be established by bids supplied by or the value of work performed by a person that is licensed pursuant to this chapter if the person is required to be licensed pursuant to this chapter.

C. If the claimant paid a deposit or down payment and no actual work is performed or materials are delivered, the claimant's actual damages are the exact dollar amount of the deposit or down payment plus interest at the rate of ten percent a year from the date the deposit or down payment is made, but may not exceed $30,000.  Interest may not be paid from the fund on any other awards under this chapter unless ordered by a court of competent jurisdiction.

D. The maximum individual award from the residential contractors' recovery fund is $30,000.  An individual claimant may not be awarded more than the maximum individual award.

E. Monies in the residential contractors' recovery fund may not be awarded for attorney fees or costs, except in contested cases appealed to the superior court.

F. If the claimant has recovered a portion of the claimant's loss from sources other than the fund, the registrar shall deduct the amount recovered from other sources from the amount of actual damages suffered pursuant to subsection B of this section and direct the difference, not to exceed $30,000, to be paid from the fund.

G. The claimant may not be the spouse of the residential contractor or the personal representative of the spouse of the residential contractor.

H. For the purposes of this section, "actual damages" means the reasonable cost of completing the contract and repairing the contractor's defective performance, minus the part of the contract price still unpaid.