A.R.S. § 32-2457 — Arizona Code / Title 32 / Chapter 24 / Article 4 / Section 2457
32-2457 Grounds for disciplinary action; emergency summary suspension; judicial review
Status: in_force

32-2457. Grounds for disciplinary action; emergency summary suspension; judicial review

A. The following constitute grounds for which disciplinary action specified in subsection B of this section may be taken against a licensee or registrant or, if the licensee is other than an individual, against the licensee's qualifying party or any of its associates, directors or managers:

1. Fraud or wilful misrepresentation in applying for an original license or registration or the renewal of an existing license or registration.

2. Using any letterhead, advertisement or other printed matter in any manner or representing that the licensee, associate, registrant or employee of the licensee is an instrumentality of the federal government, a state or any political subdivision of a state.

3. Using a name that is different from that under which the licensee, associate, registrant or employee of the licensee is currently licensed for any advertisement, solicitation or contract to secure business unless the name is an authorized fictitious name.

4. Impersonating, permitting or aiding and abetting an employee to impersonate a law enforcement officer or employee of the United States, any state or a political subdivision of a state.

5. Knowingly violating, or advising, encouraging or assisting the violation of, any statute, court order, warrant or injunction in the course of a business regulated under this chapter.

6. Falsifying fingerprints, photographs or other documents while operating under this chapter.

7. Conviction of a felony.

8. Conviction of any act involving a weapon pursuant to section 13-3102.

9. Conviction of any act of personal violence or force against any person or conviction of threatening to commit any act of personal violence or force against any person.

10. Soliciting business for an attorney in return for compensation.

11. Conviction of any act constituting dishonesty or fraud.

12. Being on parole, on community supervision, on work furlough, on home arrest, on release on any other basis or named in an outstanding arrest warrant.

13. Serving a term of probation pursuant to a conviction for any act of personal violence or domestic violence as defined in section 13-3601 or an offense that has the same elements as a domestic violence offense listed in section 13-3601, subsection A.

14. Committing or knowingly permitting any employee to commit any violation of this chapter or rules adopted pursuant to this chapter.

15. Wilfully failing or refusing to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.

16. The unauthorized release of information acquired on behalf of a client by a licensee, associate or registrant as a result of activities regulated under this chapter.

17. Failing or refusing to cooperate with or refusing access to an authorized representative of the department engaged in an official investigation pursuant to this chapter.

18. Employing or contracting with any unregistered or improperly registered person or unlicensed or improperly licensed person or agency to conduct activities regulated under this chapter if the licensure or registration status was known or could have been ascertained by reasonable inquiry.

19. Permitting, authorizing, aiding or in any way assisting a registered employee to conduct services as described in this chapter on an independent contractor basis and not under the authority of the licensed agency.

20. Failing to maintain in full force and effect workers' compensation insurance, if applicable.

21. Conducting private investigation services regulated by this chapter on an expired, revoked or suspended license or registration.

22. Accepting employment, contracting or in any way engaging in employment that has an adverse impact on investigations being conducted on behalf of clients.

23. Advertising in a false, deceptive or misleading manner.

24. Failing to display on request the identification card issued by the department as required under section 32-2451, subsection B.

25. Committing any act of unprofessional conduct.

26. Being arrested for any offense that is listed in this chapter and that would disqualify the licensee, registrant or qualifying party or any of its associates, directors or managers from obtaining a license or registration.

27. Failing to maintain all qualifications as prescribed by sections 32-2422 and 32-2441, as applicable.

B. On completion of an investigation, the director:

1. May dismiss the case.

2. May take emergency action.

3. May issue a letter of concern, if applicable.

4. May forward the findings to the board for review and possible disciplinary action.

5. Shall place all records, evidence, findings and conclusions and any other information pertinent to the investigation in the public records section of the file maintained at the department.

6. May suspend the license or registration of a person who is arrested for an offense that is listed in this chapter and that would disqualify the person from obtaining a license or registration.

C. A letter of concern is a public document and may be used in future disciplinary actions against a licensee.

D. If the department finds, based on its investigation, that the public health, safety or welfare requires emergency action, the director may order a summary suspension of a license or registration pending proceedings for revocation or other action. If the director issues this order, the department shall serve the licensee or registrant with a written notice of complaint and formal hearing, setting forth the charges made against the licensee or registrant and the licensee's or registrant's right to a formal hearing before the board pursuant to title 41, chapter 6, article 10.

E. If the department finds, based on its investigation, that a violation of subsection A of this section occurred, a hearing by the board may be scheduled pursuant to title 41, chapter 6, article 10. The department shall send notice of the hearing by certified mail, return receipt requested, to the licensee's or registrant's last known address in the department's records.

F. Based on information the board receives during a hearing pursuant to title 41, chapter 6, article 10, it may recommend to the director that the director:

1. Dismiss the complaint if the board believes it is without merit.

2. Fix a period and terms of probation best adapted to protect the public health and safety and to rehabilitate or educate the licensee or registrant.

3. Suspend the license or registration for a period of not more than twelve months.

4. Revoke the license or registration.

G. On a finding by the board and review and concurrence by the director that a licensee or registrant committed a violation of subsection A of this section, the probation, suspension or revocation applies to all licenses or registrations held by a licensee or registrant under this chapter and chapter 26 of this title.

H. Except as provided in section 41-1092.08, subsection H, a person may appeal a final administrative decision made pursuant to this section to the superior court pursuant to title 12, chapter 7, article 6.
A.R.S. § 32-3054 — Arizona Code / Title 32 / Chapter 30 / Article 3 / Section 3054
32-3054 Hearing; rehearing or review; surrender of license
Status: in_force

32-3054. Hearing; rehearing or review; surrender of license

A. In any case involving the refusal to issue or renew a license or disciplinary action, the applicant or licensee may request a hearing or file a motion for rehearing or review pursuant to title 41, chapter 6, article 10.

B. Upon the revocation of a license, the holder shall surrender the license to the board, and upon failure or refusal so to do, the board may seize the license.
A.R.S. § 32-1972 — Arizona Code / Title 32 / Chapter 18 / Article 3 / Section 1972
32-1972 Poison or hazardous substances; misbranding and labeling; prohibitions; exemption
Status: in_force

32-1972. Poison or hazardous substances; misbranding and labeling; prohibitions; exemption

A. A poison or hazardous substance shall be misbranded unless the label bears, and accompanied information that it includes or bears, any directions for use which states conspicuously:

1. The name and address of the manufacturer or seller.

2. The common or usual name or the chemical name, if there is no common or usual name, of the poison or hazardous substance or of each component which contributes substantially to its poisonous or hazardous property, unless the board by rule permits or requires the use of a recognized generic name.

3. The signal words "poison" and "danger" and the skull and crossbones symbol on poisons or hazardous substances which are highly toxic.

4. The signal word "danger" on poisons or hazardous substances that are corrosive.

5. The signal word "warning" or "caution" on all other poisons or hazardous substances.

6. An affirmative statement as to the principal poisonous property, such as "flammable", "vapor harmful", "causes burns", "absorbed through skin", or similar wording descriptive of the poison or hazardous substance.

7. Precautionary measures describing the action to be followed or avoided.

8. Instruction, when necessary or appropriate, for first-aid treatment.

9. Instructions for handling and storage of packages which require special care in handling or storage.

10. The statement "keep out of reach of children" or its practical equivalent, or, if the poison or hazardous substance is intended for use by children, adequate directions for the protection of children from the poison or hazardous substance.

11. Directions for using the poison or hazardous substance.

B. A poison or hazardous substance is also misbranded by the reuse of a food, drug or cosmetic container, or in a container which, though not reused, is identifiable as a food, drug or cosmetic container by its labeling or by other identification, as a container for the poison or hazardous substance.

C. Any statement required on the label of a poison or hazardous substance under subsection A shall be:

1. Located prominently.

2. In the English language.

3. In conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the label.

D. If the board finds that the requirements of subsections A and B are not adequate for the protection of the public health and safety in view of the special hazard presented by any particular poison or hazardous substance, it may establish by rule such reasonable variations or additional label requirements as it finds necessary, and any such poison or hazardous substance intended, or packaged in a form suitable, for use in the household or by children which fails to bear a label in accordance with such rules shall be deemed to be a misbranded poison or hazardous substance.

E. If the board finds that, because of the size of the package involved or because of the minor hazard presented by the poison or hazardous substance contained therein, or for other good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this section is impracticable or is not necessary for the adequate protection of the public health and safety, the board shall adopt rules exempting such poisons or hazardous substances from these requirements to the extent they determine to be consistent with adequate protection of the public health and safety.

F. If the board finds that the poisonous or hazardous nature of a poison or hazardous substance subject to this section is such that the labeling adequate to protect the public health and safety cannot be devised, or the poison or hazardous substance presents an imminent danger to the public health and safety, the board by rule may restrict the sale of such poison or hazardous substance or declare it to be banned and require its removal from commerce.

G. The board shall conform the rules adopted under this section as far as practicable with the regulations established pursuant to the federal hazardous substances act.
A.R.S. § 32-1292.01 — Arizona Code / Title 32 / Chapter 11 / Article 4 / Section 1292.01
32-1292.01 Licensure by credential; examinations; waiver; fee
Status: in_force

32-1292.01. Licensure by credential; examinations; waiver; fee

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

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

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

B. The applicant shall pay a licensure by credential fee of not more than one thousand dollars as prescribed by the board.
A.R.S. § 32-723 — Arizona Code / Title 32 / Chapter 6 / Article 2 / Section 723
32-723 Uniform certified public accountant examination; qualifications
Status: in_force

32-723. Uniform certified public accountant examination; qualifications

A. A person shall not be permitted to take the uniform certified public accountant examination unless the person presents satisfactory evidence that the person has successfully obtained a baccalaureate degree or a higher degree from an accredited institution or a college or university that maintains standards comparable to those of an accredited institution.  The evidence must show both of the following:

1. At least twenty-four semester hours of nonduplicative accounting courses of which twelve semester hours are upper-level courses.

2. At least eighteen semester hours in related courses.

B. The board may contract with a public or private entity for the administration of the examination.  The examination may be conducted under a uniform examination system.

C. Within a reasonable time after the examination the board or its contracted agent shall notify each candidate of the candidate's grade.  Any candidate may request a grade review or an appeal by submitting a uniform certified public accountant examination score review or appeal form to the board or the board's contracted agent.
A.R.S. § 32-2118 — Arizona Code / Title 32 / Chapter 20 / Article 1 / Section 2118
32-2118 Competition with private enterprise; prohibition
Status: in_force

32-2118. Competition with private enterprise; prohibition

The department shall not create, endorse or sponsor any activity that may be legally performed by a licensee in any way that constitutes competition with the private sector, unless there is no licensee that is capable and willing to create, endorse or sponsor the activity.  This section does not apply to license approval processes or procedures under this chapter or to educational activities under section 32-2107.
A.R.S. § 32-1608 — Arizona Code / Title 32 / Chapter 15 / Article 1 / Section 1608
32-1608 Examinations; notice
Status: in_force

32-1608. Examinations; notice

The board shall contract with a private entity to conduct licensure and nursing assistant registration examinations. The board shall require as part of this contract that the entity provide notice of the examination procedure to applicants.
A.R.S. § 32-2941 — Arizona Code / Title 32 / Chapter 29 / Article 3 / Section 2941
32-2941 Substance abuse and treatment rehabilitation program; private contract; funding
Status: in_force

32-2941. Substance abuse and treatment rehabilitation program; private contract; funding

A. The board may establish a program for the treatment and rehabilitation of licensees who are impaired by alcohol or substance abuse.  This program shall include education, intervention, therapeutic treatment and posttreatment monitoring and support.

B. The board may contract with other organizations to operate the program. A contract with a private organization shall include the following requirements:

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

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

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

4. Immediate reporting to the board of the name of an impaired licensee who the treating organization believes is misusing chemical substances.

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

C. A licensee who is impaired by alcohol or substance abuse shall agree to enter into a stipulation order with the board. The board shall place the licensee on probation if the licensee refuses to do so.

D. The board may charge the board's costs relating to the licensee's participation in the program to that licensee.

E. The board shall summarily suspend a license pursuant to section 32-2934 if the licensee continues or resumes alcohol or substance abuse after a board stipulation or probationary order that is no longer in effect. After this suspension the board may delay license revocation or other disciplinary actions if the licensee attends a treatment program pursuant to this section. Within ninety days after the licensee completes this program the board shall schedule formal proceedings for licensure revocation or other disciplinary action.
A.R.S. § 32-3279 — Arizona Code / Title 32 / Chapter 33 / Article 3 / Section 3279
32-3279 Probationary and temporary licenses
Status: in_force

32-3279. Probationary and temporary licenses

A. If an applicant does not meet the basic requirements for licensure prescribed in section 32-3275, the board may issue a probationary license that is subject to any of the following:

1. A requirement that the licensee's practice be supervised.

2. A restriction on the licensee's practice.

3. A requirement that the licensee begin or continue medical or psychiatric treatment.

4. A requirement that the licensee participate in a specified rehabilitation program.

5. A requirement that the licensee abstain from alcohol and other drugs.

B. If the board offers a probationary license, the board shall notify the applicant in writing of the:

1. Applicant's specific deficiencies.

2. Probationary period.

3. Applicant's right to reject the terms of probation.

4. Applicant's right to a hearing on the board's denial of the application.

C. The board by rule may prescribe a procedure to issue temporary licenses.  At a minimum, these rules must include the following provisions:

1. A person issued a temporary license may practice behavioral health only under the direct supervision of a licensee.

2. A temporary license expires on the date specified by the board and not more than one year after the date of issuance.

3. A temporary license may contain restrictions as to time, place and supervision that the board deems appropriate.

4. The board may summarily revoke a temporary license without a hearing.

5. The board's denial of a licensure application terminates a temporary license.
A.R.S. § 32-2622 — Arizona Code / Title 32 / Chapter 26 / Article 3 / Section 2622
32-2622 Qualifications of applicant for associate, security guard or armed security guard registration certificate
Status: in_force

32-2622. Qualifications of applicant for associate, security guard or armed security guard registration certificate

A. An applicant for an associate or a security guard registration certificate issued pursuant to this article shall:

1. Be at least eighteen years of age.

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

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

4. Within the five years immediately preceding the application for an associate, security guard or armed security guard registration certificate, not have been convicted of any misdemeanor act involving:

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

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

(c) Dishonesty or fraud.

(d) Arson.

(e) Theft.

(f) Domestic violence.

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

(h) Sexual misconduct.

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

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

7. Not be either of the following:

(a) Adjudicated mentally incompetent.

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

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

9. Not have been convicted of acting or attempting to act as an associate, security guard or armed security guard without a license if a license was required.

10. Not be a registered sex offender.

B. An applicant for an armed security guard registration certificate issued pursuant to this chapter shall:

1. Meet the requirements of subsection A of this section.

2. Except as provided in section 32-2624, successfully complete all background screening and training requirements.

3. Not be a prohibited possessor as defined in section 13-3101 or as described in 18 United States Code section 922.

4. Not have been discharged from the armed services of the United States under other than honorable conditions.

5. Not have been convicted of any crime involving domestic violence as defined in section 13-3601.
A.R.S. § 32-822 — Arizona Code / Title 32 / Chapter 7 / Article 2 / Section 822
32-822 Application for licensure
Status: in_force

32-822. Application for licensure

A. An applicant for a podiatry license shall file with the state board of podiatry examiners an application that is accompanied by the required fee on a form prescribed and furnished by the board. The application shall contain evidence of the applicant's necessary qualifications as the board requires and shall be signed and sworn to by the applicant.

B. An applicant for a license pursuant to section 32-827 shall file with the board an application for a license pursuant to section 32-827 that is accompanied by the required fee on a form prescribed and furnished by the board. The application shall contain evidence of the applicant's necessary qualifications as the board requires and shall be signed and sworn to by the applicant.

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

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

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

3. The applicant has read and understands the board's statutes and rules.

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

E. The board shall inform an applicant, promptly and in writing, of any deficiency existing in the application for licensure under this article that prevents the application from being processed.

F. An applicant who disagrees with the board's denial of a license shall be granted a hearing on request before the board at its next regular meeting. At any hearing granted pursuant to this subsection, the burden of proof is on the applicant to demonstrate that the alleged deficiencies that are the basis of the denial do not exist.
A.R.S. § 32-3901 — Arizona Code / Title 32 / Chapter 39 / Article 1 / Section 3901
32-3901 Definitions
Status: in_force

32-3901. Definitions

In this chapter, unless the context otherwise requires:

1. "Acupuncture":

(a) Means a system of medicine based in traditional practices and informed by contemporary science.

(b) Includes the following:

(i) Puncturing the skin by thin, solid needles to reach subcutaneous structures.

(ii) Stimulating the needles to effect a positive therapeutic response.

(iii) Removing needles.

(iv) Using and prescribing adjunctive therapies.

(v) Using and prescribing herbal therapies commensurate with the acupuncturist's education and training.

(vi) Using decision-support tools, including physical and clinical examinations.

(vii) Ordering diagnostic imaging and clinical laboratory procedures to determine the nature of care or to form a basis for referral to other licensed health care professionals, or both.

2. "Acupuncture assistant" means an unlicensed person who has completed a training program approved by the board, who assists in basic health care duties in the practice of acupuncture under the supervision of a licensed acupuncturist and who performs delegated duties commensurate with the acupuncture assistant's education and training, but who does not evaluate, interpret, design or modify established treatment programs of acupuncture care.

3. "Adjunctive therapies" means the manual, mechanical, magnetic, thermal, electrical or electromagnetic stimulation of acupuncture points and energy pathways, auricular and detoxification therapy, the use of ion cord devices, electroacupuncture, nutritional counseling, therapeutic exercise, the use of nonionizing lasers and acupressure.

4. "Board" means the acupuncture board of examiners.

5. "Herbal therapies" means prescribing, administering, injecting, compounding and dispensing herbal medicines and plant, animal, mineral and natural substances.

6. "Supervision" means that the supervising licensed acupuncturist is present in the facility where the acupuncture assistant is performing services and is available for consultation regarding procedures that the licensed acupuncturist has authorized and for which the licensed acupuncturist remains responsible.

7. "Trauma" means the experience of significant psychological distress following any terrible or life-threatening event.

8. "Unprofessional conduct" includes the following, whether occurring in this state or elsewhere:

(a) Wilfully disclosing a professional secret or wilfully violating a privileged communication except as either of these may otherwise be required by law.

(b) Committing a felony as evidenced by conviction by a court of competent jurisdiction.

(c) Being habitually intemperate in the use of alcohol or any substance abuse that interferes with the ability to safely practice acupuncture.

(d) Committing conduct that the board determines is gross malpractice, repeated malpractice or any malpractice resulting in the death of a patient.

(e) Impersonating another acupuncturist or any other practitioner of the healing arts.

(f) Falsely acting or assuming to act as a member, an employee or an authorized agent of the board.

(g) Procuring or attempting to procure a license pursuant to this chapter by fraud or misrepresentation.

(h) Refusing to divulge to the board on demand the acupuncture method used in the treatment of a patient.

(i) Giving or receiving or aiding or abetting the giving or receiving of rebates, either directly or indirectly.

(j) Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of acupuncture.

(k) Having a license refused, revoked or suspended by any other state, district or territory of the United States or any other country, unless the action was not taken for reasons relating to the person's ability to safely and skillfully practice acupuncture or relating to an act of unprofessional conduct.

(l) Committing conduct that is contrary to the recognized standards or ethics of the acupuncture profession or that may constitute a danger to the health, welfare or safety of the patient or the public.

(m) Committing any conduct or having any condition that may impair the ability to safely and skillfully practice acupuncture.

(n) Violating or attempting to violate, directly or indirectly, assisting in or abetting the violation of or conspiring to violate this chapter or board rules.

(o) Advertising in a false, deceptive or misleading manner.

(p) Failing or refusing to maintain adequate patient health records or failing or refusing to make health records promptly available to the patient or to another health practitioner or provider on request and receipt of proper authorization.

(q) Deriving direct or indirect compensation from referring a patient without disclosing to the patient in writing the extent of the compensation.

(r) Deriving a financial interest in products the acupuncturist endorses or recommends to the patient without disclosing to the patient in writing the extent of the financial interest.

(s) Having sexual intimacies with a patient in the practice of acupuncture.

(t) Failing to appropriately exercise control over or supervise an acupuncture student employed by or assigned to the practitioner in the practice of acupuncture.

(u) Failing to furnish information in a timely manner to the board or its investigators or representatives if the information is legally requested by the board.

(v) Supervising or engaging in a clinical training program in acupuncture without being approved and registered by the board for that program.

(w) Knowingly making a false, fraudulent or misleading statement, written or oral, to the board.

(x) Failing to exercise proper care for a patient by abandoning or neglecting a patient in need of immediate care without making reasonable arrangements for the continuation of care or by failing to refer the patient to another appropriate health care provider when necessary.

(y) Failing to use needles that have been sterilized according to clean needle technique principles approved by the board.

(z) Failing to demonstrate professional standards of care and training and education qualifications, as established by the board in rule, for performing a therapeutic modality.

(aa) Prescribing or administering medicine or drugs, except as allowed pursuant to this chapter.
A.R.S. § 32-146 — Arizona Code / Title 32 / Chapter 1 / Article 3 / Section 146
32-146 Malpractice claim review
Status: in_force

32-146. Malpractice claim review

A. On the filing of a complaint in any malpractice action the plaintiff's attorney shall forward a copy of the complaint to the board and a report containing the information required in subsection B.

B. The report required by subsection A shall contain the following information:

1. The name and address of each defendant.

2. The name and address of each plaintiff.

3. The names and addresses of each registrant providing services to the plaintiff.

4. A statement specifying the nature of the occurrence resulting in the malpractice action.

C. The report required by subsection A is not discoverable and not admissible as evidence.

D. On receipt of a report required by subsection A, the board shall initiate an investigation into the matter to determine if the registrant against whom the claim is filed is in violation of any provision of this chapter or any rule promulgated under this chapter.
A.R.S. § 32-3951 — Arizona Code / Title 32 / Chapter 39 / Article 3 / Section 3951
32-3951 Denial, revocation or suspension of license; hearings; alternative sanctions
Status: in_force

32-3951. Denial, revocation or suspension of license; hearings; alternative sanctions

A. The board may deny, revoke or suspend a license issued under this chapter for any of the following reasons:

1. Conviction of a felony or a misdemeanor involving moral turpitude. The record of the conviction or a certified copy from the clerk of the court where the conviction occurred or from the judge of that court is sufficient evidence of conviction.

2. Securing a license under this chapter through fraud or deceit.

3. Unprofessional conduct or incompetence in the conduct of the licensee's practice.

4. Using a false name or alias in the practice of the licensee's profession.

5. Violating this chapter or board rules.

B. If the board determines pursuant to a hearing that grounds exist to revoke or suspend a license, the board may do so permanently or for a fixed period of time and may impose conditions prescribed by the board. The board may also impose a civil penalty of not more than ten thousand dollars for each violation of this chapter. The board shall deposit, pursuant to sections 35-146 and 35-147, civil penalties collected pursuant to this subsection in the state general fund.

C. The board may deny a license without holding a hearing. After receiving notification of the denial, the applicant may request a hearing to review the denial.

D. The board shall conduct any hearing to revoke or suspend a license pursuant to title 41, chapter 6, article 10. Any person appearing before the board may be represented by an attorney.

E. Instead of denying, revoking or suspending a license the board may file a letter of concern, issue a decree of censure, prescribe a period of probation or restrict or limit the practice of a licensee.  The board may also issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.

F. The board shall promptly notify a licensee's employer if the director initiates a disciplinary action against the licensee.

G. The board may appoint an investigator to provide information to the board concerning an alleged violation of this chapter.

H. The board on its own initiative or on application of any person involved in an investigation or proceeding conducted by the board may issue subpoenas compelling the attendance and testimony of witnesses or demanding the production for examination or copying of documents, reports, records or any other evidence relating to a board investigation or proceeding.
A.R.S. § 32-3402 — Arizona Code / Title 32 / Chapter 34 / Article 1 / Section 3402
32-3402 Board of occupational therapy examiners; members; qualifications; terms; compensation; civil immunity
Status: in_force

32-3402. Board of occupational therapy examiners; members; qualifications; terms; compensation; civil immunity

A. The board of occupational therapy examiners is established and consists of five members appointed by the governor. Each board member shall be a resident of the state at the time of appointment. The governor shall appoint two persons who are not engaged, directly or indirectly, in the provision of health care services to serve as public members. The other three members shall have at least three years of experience in occupational therapy or teaching in an accredited occupational therapy education program in this state immediately before appointment and shall be licensed under this chapter. The governor may select board members from a list of licensees submitted by the Arizona occupational therapy association, inc. or any other appropriate organization.

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

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

D. The board, at its first regular meeting after the start of each calendar year and as necessary, shall elect a chairperson and other officers from among its members. The board shall meet at least once each quarter in compliance with the open meeting requirements of title 38, chapter 3, article 3.1 and shall keep an official record of these meetings. Other meetings may be convened at the call of the chairperson or the written request of any two board members. A majority of the members of the board shall constitute a quorum.

E. Each member of the board is eligible to receive compensation in the amount of one hundred dollars for each regular or special board meeting the member attends and is eligible for reimbursement for all expenses necessarily and properly incurred in attending board meetings.

F. A board member is immune from civil liability for any actions that are within the scope of the board member's duties if they are taken without malice and in the reasonable belief that they are warranted by law.
A.R.S. § 32-3254; Version 2 — Arizona Code / Title 32 / Chapter 33 / Article 1 / Section 3254; Version 2
32-3254; Version 2 Board of behavioral health examiners fund
Status: in_force

32-3254. Board of behavioral health examiners fund

(L24, Ch. 222, sec. 42.  Eff. 7/1/28)

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

B. All monies deposited in the board of behavioral health examiners fund are subject to section 35-143.01.
A.R.S. § 32-2188.03 — Arizona Code / Title 32 / Chapter 20 / Article 5 / Section 2188.03
32-2188.03 Investigation and discovery
Status: in_force

32-2188.03. Investigation and discovery

In considering and investigating an application, the department may use all appropriate means of investigation and discovery that are available pursuant to this chapter.
A.R.S. § 32-2459 — Arizona Code / Title 32 / Chapter 24 / Article 4 / Section 2459
32-2459 Grounds for refusal to issue agency license; associate and employee registration and identification; judicial review; good cause exceptions
Status: in_force

32-2459. Grounds for refusal to issue agency license; associate and employee registration and identification; judicial review; good cause exceptions

A. Except as provided in subsection F of this section, the department may deny an agency license or the renewal of an agency license if the applicant:

1. Committed any act that, if committed by a licensee, would be grounds for the probation of a licensee or the suspension or revocation of a license under this chapter.

2. Does not meet the requirements prescribed in section 32-2422.

3. While not licensed under this chapter, committed, or aided and abetted the commission of, any act for which a license is required by this chapter or has acted or attempted to act as a private investigator service or private investigator.

4. Knowingly made a false statement in the application.

5. Has been denied an agency license under this chapter.

6. Has been an associate of an agency that has had a license revoked.

7. Failed to provide adequate verification of required investigative experience.

B. The department may deny the issuance of an identification card to an applicant for an associate or employee registration if the applicant:

1. Fails to meet the qualifications under section 32-2441.

2. Has committed any act that would be grounds for suspension or revocation of registration pursuant to this chapter.

3. Has knowingly made any false statement on the application.

C. The denial of the issuance of an identification card or license under this article shall be in writing and shall describe the basis for the denial. A hearing to contest a denial shall be held in accordance with title 41, chapter 6, article 10.

D. Except as provided in section 41-1092.08, subsection H, final decisions of the director are subject to judicial review pursuant to title 12, chapter 7, article 6.

E. An applicant may petition a denial to the board for a good cause exception.

F. If the board granted a licensee or a registrant a good cause exception pursuant to section 32-2412, the department may not deny the licensee's or the registrant's renewal application based on factors already reviewed by the board when granting the good cause exception.
A.R.S. § 32-1155 — Arizona Code / Title 32 / Chapter 10 / Article 3 / Section 1155
32-1155 Filing of complaint; resolution of complaint; service of notice; failure to answer; prohibited citations
Status: in_force

32-1155. Filing of complaint; resolution of complaint; service of notice; failure to answer; prohibited citations

A. On the filing of a written complaint with the registrar charging a licensee with the commission of an act that is cause for suspension or revocation of a license, including an act that is in violation of title 44, chapter 11, article 11, the registrar after investigation, in its sole discretion, may issue a citation directing the licensee, within ten days after service of the citation on the licensee, to appear by filing with the registrar the licensee's written answer to the citation and complaint showing cause, if any, why the licensee's license should not be suspended or revoked. The complaint must be filed within the statute of limitations prescribed by 32-1162.

B. Service of the citation on the licensee is fully effected by personal service or by mailing a true copy thereof, together with a true copy of the complaint, by certified mail in a sealed envelope with postage prepaid and addressed to the licensee at the licensee's latest address of record in the registrar's office.  Service of the citation and complaint is complete at the time of personal service or five days after deposit in the mail.

C. Failure of the licensee to answer within ten days after service may be deemed an admission by the licensee of the licensee's commission of the act or acts charged in the complaint, and the registrar may then suspend or revoke the licensee's license unless the registrar determines, in its sole discretion, that the failure to answer within such period is attributable to excusable neglect on the part of the licensee.

D. The registrar may not issue a citation for failure to perform work in a professional and workmanlike manner or in accordance with any applicable building codes and professional industry standards if either:

1. The contractor is not provided an opportunity to inspect the work within fifteen days after receiving a written notice from the registrar.

2. The contractor's work has been subject to neglect, modification or abnormal use.

E. Notwithstanding subsection D of this section, the registrar may investigate the complaint without waiting fifteen days.
A.R.S. § 32-1856 — Arizona Code / Title 32 / Chapter 17 / Article 3 / Section 1856
32-1856 Judicial review
Status: in_force

32-1856. 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 any final decision of the board pursuant to title 12, chapter 7, article 6.
A.R.S. § 32-2047 — Arizona Code / Title 32 / Chapter 19 / Article 3 / Section 2047
32-2047 Disciplinary actions; penalties
Status: in_force

32-2047. Disciplinary actions; penalties

On proof that any grounds prescribed in section 32-2044 have been violated or that any requirements prescribed in section 32-2030 have been violated, the board may take the following disciplinary actions singly or in combination:

1. Issue a decree of censure.

2. Restrict a license or registration.  The board may require a licensee or registrant to report regularly to the board on matters related to the grounds for the restricted license or registration.

3. Suspend a license or registration for a period prescribed by the board.

4. Revoke a license or registration.

5. Refuse to issue or renew a license or registration.

6. Impose a civil penalty of at least $250 but not more than $10,000 for each violation of this chapter. In addition, the board may assess and collect the reasonable costs incurred in a disciplinary hearing when action is taken against a person's license.

7. Accept a voluntary surrendering of a license or registration pursuant to an order of consent by the board.
A.R.S. § 32-2114.02 — Arizona Code / Title 32 / Chapter 20 / Article 1 / Section 2114.02
32-2114.02 Military installation; range; Arizona national guard site; applicability; definitions
Status: in_force

32-2114.02. Military installation; range; Arizona national guard site; applicability; definitions

A. The commissioner shall execute and record in the office of the county recorder in each county that includes a military installation or range or Arizona national guard site, as delineated in the maps prepared by the state land department pursuant to section 37-102, a document that applies to land contained in an influence area and that discloses that the land is contained in an influence area.

B. If a military installation or range or Arizona national guard site changes and persons who were notified pursuant to subsection A of this section no longer have property contained in an influence area, as delineated in the military installations or ranges or Arizona national guard site map, the commissioner shall execute and record in the office of the county recorder in the county in which the property is located a document disclosing that the land is not contained in an influence area.

C. The attorney general shall prepare in recordable form the documents that are executed and recorded by the commissioner pursuant to this section.

D. The documents that are executed and recorded by the commissioner pursuant to this section shall include a geospatial description of the influence areas as delineated in the military installation or range and Arizona national guard site map.

E. This section does not apply to any military airport or ancillary military facility as defined in section 28-8461.

F. For the purposes of this section, "influence area" and "military installation or range or Arizona national guard site" have the same meanings prescribed in sections 9-500.50 and 11-818.01.
A.R.S. § 32-543 — Arizona Code / Title 32 / Chapter 5 / Article 4 / Section 543
32-543 Required display; licenses; inspection sheet
Status: in_force

32-543. Required display; licenses; inspection sheet

Each establishment shall display the following in a conspicuous location that is readily observable by any patron:

1. The current establishment license.

2. The current license for each barber, cosmetologist, aesthetician, nail technician or hairstylist who is practicing in the establishment.

3. The current registration for each eyelash technician who is practicing in the establishment.

4. The latest inspection sheet for the establishment.
A.R.S. § 32-4157 — Arizona Code / Title 32 / Chapter 41 / Article 3 / Section 4157
32-4157 Unlawful practice; classification; civil penalties; injunctive relief
Status: in_force

32-4157. Unlawful practice; classification; civil penalties; injunctive relief

A. It is unlawful for any person to practice or in any manner to claim to practice athletic training 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 32-4152 that implies that the person is licensed to engage in the practice of athletic training 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 athletic training.  If an investigation indicates that a person may be practicing athletic training 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 athletic training.

C. The board, through the appropriate county 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. All monies the board collects from civil penalties pursuant to this chapter shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 32-702 — Arizona Code / Title 32 / Chapter 6 / Article 1 / Section 702
32-702 Arizona state board of accountancy; membership; administrative duties; compensation
Status: in_force

32-702. Arizona state board of accountancy; membership; administrative duties; compensation

A. The Arizona state board of accountancy is established to administer and enforce this chapter.

B. The board consists of seven members who are residents of this state and who are appointed by the governor as follows:

1. Five members who currently hold valid certificates issued pursuant to this chapter.  At least three of these members must be in active public practice as certified public accountants.  No more than one of these members may be from the same firm. If a member's certificate is on probation, revoked or suspended, the member's appointment automatically terminates and the position becomes vacant.

2. Two public members who do not hold a certificate issued pursuant to this chapter but who have professional or practical experience in using accounting services and financial statements and who are qualified to make judgments about the qualifications and conduct of persons and firms subject to this chapter.

C. The term of office of members of the board is five years, beginning and ending on July 3, except that the governor may remove any member for neglect of duty or other just cause.  The governor shall fill vacancies by appointment for the unexpired term. A person who has served a complete term is not eligible for reappointment for a period of one year.

D. The board shall annually elect a president, secretary and treasurer from among its members.  The president, secretary or treasurer may sign and approve claims filed against the board of accountancy fund to pay expenses incurred under this chapter.

E. The board shall have a seal that shall be judicially noticed.

F. The board shall retain or provide for retention of the following according to its retention schedule pursuant to section 41-151.19:

1. All documents under oath that are filed with the board.

2. Records of its proceedings.

G. Each member of the board or member of an accounting and auditing, tax, peer review, law, certification or continuing professional education committee appointed by the board pursuant to section 32-703, subsection B, paragraph 10 is eligible for compensation of one hundred dollars for each day or part of a day spent, plus reimbursement for the member's actual and necessary expenses incurred, in discharging the member's official duties.
A.R.S. § 32-2240.01 — Arizona Code / Title 32 / Chapter 21 / Article 3 / Section 2240.01
32-2240.01 Burial in landfill; notification requirement; licensed crematory
Status: in_force

32-2240.01. Burial in landfill; notification requirement; licensed crematory

A. If an animal dies in the care of a veterinarian or an animal's owner brings a dead animal to a veterinarian and the animal's owner requests that the animal be buried, the veterinarian shall notify the owner if the burial is to be done in a landfill.

B. If the owner chooses cremation and a veterinarian offers cremation services, the veterinarian shall use a crematory licensed pursuant to article 8 of this chapter.
A.R.S. § 32-2391 — Arizona Code / Title 32 / Chapter 23 / Article 3 / Section 2391
32-2391 Suspension and revocation of license; determination; appeal
Status: in_force

32-2391. Suspension and revocation of license; determination; appeal

The director, after conducting a hearing for the licensee, may cancel, suspend or revoke the license of a school or agent in any case in which the director finds that the licensee has not complied with, or has knowingly violated, this chapter or any rule adopted under this chapter. Each cancelled, suspended or revoked license shall be returned to the director by the licensee. Decisions of the director shall be subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 32-4004 — Arizona Code / Title 32 / Chapter 40 / Article 1 / Section 4004
32-4004 Board of certified reporters
Status: in_force

32-4004. Board of certified reporters

A. The board of certified reporters is established consisting of the following members:

1. The chief justice of the supreme court or the chief justice's designee.

2. One judge of the court of appeals who is appointed by the chief justice of the supreme court.

3. One superior court judge who is appointed by the chief justice of the supreme court.

4. Two certified reporters who are residents of this state, who have been official court reporters for at least five years and who are appointed by the chief justice of the supreme court.

5. Two certified reporters who are residents of this state, who have been freelance reporters for at least five years and who are appointed by the chief justice of the supreme court.

6. One attorney who is a resident of this state, who has been licensed to practice law in this state for at least five years and who is appointed by the chief justice of the supreme court.

7. One public member who is appointed by the chief justice of the supreme court.

B. Members who are appointed pursuant to subsection A, paragraphs 2 through 7 serve five year terms.  The chief justice shall fill a vacancy for any unexpired portion of a term in the same manner as the original appointment.

C. A majority of the members shall elect a chairperson.

D. Public members of the board are not eligible to receive compensation but are eligible to receive reimbursement for expenses pursuant to title 38, chapter 4, article 2.

E. The board shall assure that a record of its meetings and all official actions, a register of all applicants for certification and a roster of all certified reporters are maintained.  The board shall designate the location where it maintains the register and roster.
A.R.S. § 32-4025 — Arizona Code / Title 32 / Chapter 40 / Article 2 / Section 4025
32-4025 Administration of oaths
Status: in_force

32-4025. Administration of oaths

A certified reporter may administer oaths and affirmations.
A.R.S. § 32-2942 — Arizona Code / Title 32 / Chapter 29 / Article 3 / Section 2942
32-2942 Mental, behavioral and physical health evaluation and treatment program; confidential consent agreement; private contract; immunity
Status: in_force

32-2942. Mental, behavioral and physical health evaluation and treatment program; confidential consent agreement; 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 who have a medical, psychiatric, psychological or behavioral health disorder that may impact the 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 and who has not committed a violation of this chapter may agree to enter into a confidential consent agreement with the board for participation in a program established pursuant to this section if the licensee either:

1. Voluntarily reports that disorder to the board.

2. Is reported to the board by a peer review committee, hospital medical staff member, health plan or other health care practitioner or health care entity.

C. The board may contract with a private organization to operate a program established pursuant to this section. The contract shall require that the private organization do all of the following:

1. Periodically report to the board regarding treatment program activity.

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

3. Immediately report to the board the name of a licensee who the treating organization believes is incapable of safely practicing medicine or performing health care tasks.

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 participating in the program pursuant to this section.
A.R.S. § 32-2066 — Arizona Code / Title 32 / Chapter 19.1 / Article 1 / Section 2066
32-2066 Directory; change of address; costs; civil penalty
Status: in_force

32-2066. Directory; change of address; costs; civil penalty

A. The board shall compile and publish on its web site a directory containing:

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

2. The names and addresses of all licensees.

3. The current board rules.

4. A copy of this chapter.

5. Additional information the board deems of interest and importance to licensees.

B. A licensee shall inform the board in writing of the licensee's current residence address, office address and telephone number within thirty days of each change in this information.  The board may assess the costs incurred by the board in locating a licensee and may assess a civil penalty of not more than one hundred dollars against a licensee who fails to notify the board within thirty days from the date of any change of information required to be reported under this subsection.
A.R.S. § 32-3221 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3221
32-3221 Lawful health care services; patient education; exceptions; definitions
Status: in_force

32-3221. Lawful health care services; patient education; exceptions; definitions

A. This state, any political subdivision of this state or any department or agency of this state, including a health profession regulatory board, or a private entity contracted with a health profession regulatory board to carry out functions of the board may not punish a health professional, directly or indirectly through a subcontractor or otherwise, for making a patient aware of or educating or advising a patient about lawful health care services for which there is a reasonable basis, including the off-label use of health care services or health care-related research or data, or for offering, providing or making available lawful health care services, including the off-label use of health care services for which there is a reasonable basis that is allowed under state law.

B. Unless an entity has a sincerely held religious or moral belief, the entity may not restrict a health professional who is an employee of or affiliated or contracted with the entity for making a patient aware of or educating or advising a patient about lawful health care services, including the off-label use of health care services, or health care-related research or data.

C. Making a patient aware of or educating or advising a patient about lawful health care services, including the off-label use of health care services, does not require the health care service to be covered under the health care plan or the health care system through which the patient receives care.

D. Making a patient aware of or educating or advising a patient about lawful health care services, including the off-label use of health care services, does not require a health professional, an entity that employs the health professional or a health care system to offer, provide or make the lawful health care service, including the off-label use of health care services, available to the patient.

E. This section does not:

1. Impair the rights established in article II, Constitution of Arizona, or impair any right or limitation on medical liability.

2. Prevent any reporting to a health profession regulatory board regarding medical liability cases, settlements or decisions.

3. Impair or contradict any other state law regarding lawful health care services.

4. Prohibit a health profession regulatory board from taking action if a health professional commits unprofessional conduct arising out of the conduct specified in this section.

F. For the purposes of this section:

1. "Lawful health care service" means any health-related service or treatment, to the extent that the service or treatment is allowed or not prohibited by law or regulation, including the off-label use of medications during a public health emergency, that may be provided by persons or businesses that are otherwise allowed to offer such services.

2. "Off-label use" means any use if the intent is the practice of medicine and the use is not specified in the labeling or indications for use for prescription drugs, biologics, approved medical devices and dietary supplements approved by the United States food and drug administration. For the purposes of this paragraph, "labeling" includes any written material that accompanies, supplements or explains a product.

3. "Punish" means to impose any penalty, sanction or disciplinary action to discourage the exercise of a right under this section.

4. Sincerely held religious or moral belief does not include a belief that restricts the access by a patient to a lawful health care service based on the cost of the lawful health care service for that patient.

5. Unprofessional conduct does not include conduct by a health professional who is acting within the minimum standards of practice as determined by the health professional's health profession regulatory board.
A.R.S. § 32-1702 — Arizona Code / Title 32 / Chapter 16 / Article 1 / Section 1702
32-1702 Board of optometry; appointment; qualifications; term; removal
Status: in_force

32-1702. Board of optometry; appointment; qualifications; term; removal

A. The state board of optometry is established consisting of the following members who are appointed by the governor to staggered four-year terms that end on July 1:

1. Five members who have been licensed and engaged in the active practice of optometry in this state for at least three years immediately before the appointment.

2. Two public members who do not have a direct or indirect interest in the practice of optometry, opticianry or medicine.

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

C. The governor may remove any professional member for incompetency or unprofessional conduct or if the member's license has been revoked or suspended or if the member has been censured or placed on probation.  The governor may remove any member for neglect of duty or improper conduct. The unexcused absence of a member for more than two consecutive meetings is justification for removal. Appointment by the governor to fill a vacancy caused other than by expiration of a term is for the unexpired portion of the term.

D. A member of the board is ineligible to serve more than two consecutive full terms. The completion of the unexpired portion of a full term does not constitute a full term for purposes of this subsection.

E. The board shall conduct regular meetings at least six times each year at times and places designated by the board or the governor.  Special meetings may be called that the president determines are necessary to carry out the functions of the board, including meetings using communications equipment that allows all members participating in the meetings to hear each other.

F. A majority of the members of the board constitutes a quorum and a majority vote of a quorum present at any meeting governs all actions taken by the board.
A.R.S. § 32-1525 — Arizona Code / Title 32 / Chapter 14 / Article 2 / Section 1525
32-1525 Examinations
Status: in_force

32-1525. Examinations

A. The board shall use the naturopathic physicians licensing examination conducted by the North American board of naturopathic examiners, or its successor agency, for the national examinations required under sections 32-1522, 32-1523 and 32-1523.01.  The board may administer its own examination only for those areas that are determined by the board to be necessary for the safe practice of naturopathic medicine and not covered on the naturopathic physicians licensing examination. The board must accept the grade issued by the North American board of naturopathic examiners without adjustment.  A board member or staff member shall not have any financial interest in the North American board of naturopathic examiners or the naturopathic physicians licensing examination.

B. An individual who is applying for licensure under section 32-1522 or 32-1523.01 shall take and pass the following portions of the naturopathic physicians licensing examinations or other examinations:

1. Part I basic biomedical science examination.

2. Part II core science and core clinical science examinations.

3. Clinical elective examinations of minor surgery and acupuncture.

C. An individual who is applying for licensure under section 32-1523:

1. Shall take and pass both:

(a) Part I basic biomedical science examination.

(b) Part II core science and core clinical science examinations.

2. Shall take and pass the clinical elective examinations of minor surgery and acupuncture if the person is applying for a license that includes those elective practice areas.

D. An individual who is applying for a license by endorsement pursuant to section 32-1523 and who was licensed in another state or a Canadian province before January 1, 2005, in addition to meeting the requirements of subsection C of this section, shall take and pass an additional sixty-hour course and examination in pharmacotherapeutics.

E. The examinations required for a license under section 32-1522, 32-1523 or 32-1523.01 shall include an examination in Arizona naturopathic jurisprudence that is administered by the board.

F. Examinations for licensure under this chapter shall:

1. Be practical in character and consist of multiple choice and true and false questions.

2. Be designed to ascertain the applicant's knowledge of naturopathic medicine and the applicant's ability to practice naturopathic medicine.

3. Include examination questions that are generally accepted as necessary for a competent knowledge of the practice of naturopathic medicine.

G. The board by rule shall prescribe any subjects on which the applicant must be tested in addition to those required by this section.  The board may prescribe rules for conducting its own examinations.

H. An applicant shall obtain a passing score on the national examination and shall obtain a grade of seventy-five percent or more in each subject administered by the board that is not covered on the national examination.

I. An applicant may challenge the applicant's grade on an examination conducted by the board by submitting a written request to the board within sixty days of receiving the grade.  If the board upholds the applicant's challenge, it may change, within one hundred twenty days of the challenge, the grade on the examination on the vote of a majority of the full board.

J. An individual applying for licensure under section 32-1522 or 32-1523.01 shall take and complete all of the examinations required by this section within a five-year period immediately preceding the submission of an application for licensure.  Each time an applicant files a request with the board to retake any part of an examination, the applicant shall pay the examination fee pursuant to section 32-1527.

K. All examination materials and records of examination grading are confidential and are not public records.
A.R.S. § 32-2247 — Arizona Code / Title 32 / Chapter 21 / Article 4 / Section 2247
32-2247 Renewal of expired certificates
Status: in_force

32-2247. Renewal of expired certificates

Except as otherwise provided in this article, an expired certificate may be renewed at any time within three years after its expiration on filing of application for renewal on a form prescribed by the board and payment of the renewal fee in effect on the last preceding regular renewal date.  Except as provided in section 32-4301, if the certificate is renewed more than thirty days after its expiration, the applicant as a condition precedent to renewal shall also pay the delinquency fee established by the board.  Renewal under this section shall be effective on the date on which the application is filed, on the date the renewal fee is paid or on the date on which the delinquency fee, if any, is paid, whichever occurs last.
A.R.S. § 32-1523.01 — Arizona Code / Title 32 / Chapter 14 / Article 2 / Section 1523.01
32-1523.01 Foreign graduates; additional qualifications
Status: in_force

32-1523.01. Foreign graduates; additional qualifications

A. An applicant for a license to practice as a doctor of naturopathic medicine who received naturopathic medical training from an institution outside of the United States or Canada and who is not licensed by any other state, district or territory of the United States shall meet all of the following requirements:

1. Be a graduate of an approved school of naturopathic medicine.

2. Have successfully completed a clinical training program.

3. Be physically and mentally fit to practice as a doctor of naturopathic medicine.

4. Not be guilty of an act of unprofessional conduct or any other conduct that is grounds for refusal, suspension or revocation of a license under this chapter.

5. Not have had a license to practice any profession refused, revoked or suspended by any other state, district or territory of the United States or another country for reasons that relate to that person's ability to skillfully and safely practice as a doctor of naturopathic medicine.

6. Have successfully completed either a two-year internship training program approved by the board or a postdoctoral training program approved by the board.

B. The applicant shall file a complete application and pay the required fees as provided in section 32-1527 and, in addition, shall pay for any costs incurred by the board for investigations or verification of an applicant's credentials and qualifications.

C. The applicant shall pass the examination as required pursuant to section 32-1525, subsection B.

D. The board may:

1. Require the applicant to submit credentials or other written or oral proof that the applicant meets the requirements of this section.

2. Make investigations it deems proper to adequately determine the qualifications of the applicant.
A.R.S. § 32-2621 — Arizona Code / Title 32 / Chapter 26 / Article 3 / Section 2621
32-2621 Necessity of security guard registration
Status: in_force

32-2621. Necessity of security guard registration

A. No person, except a regularly commissioned peace officer, shall act, attempt to act or represent himself as a security guard unless such person is registered as a guard pursuant to this chapter and acting within the scope of his employment for an agency licensed pursuant to article 2 of this chapter.

B. The provisions of this article shall not apply to individual agency licensees or to qualifying parties, officers, directors, partners or managers of an agency licensee who are licensed pursuant to article 2 of this chapter.
A.R.S. § 32-1632 — Arizona Code / Title 32 / Chapter 15 / Article 2 / Section 1632
32-1632 Qualifications of registered nurse; application for license
Status: in_force

32-1632. Qualifications of registered nurse; application for license

An applicant for a license to practice as a registered nurse shall file with the board a verified written application accompanied by the prescribed fee and shall submit satisfactory proof that:

1. The applicant has completed satisfactorily the basic curriculum in an approved registered nursing program and holds a diploma or degree from that program.

2. The applicant, if convicted of one or more felonies, has received an absolute discharge from the sentences for all felony convictions three or more years before the date of filing an application pursuant to this chapter.

3. If the applicant has been convicted of a felony pursuant to section 13-604, the court has entered judgment of conviction for a class 1 misdemeanor.
A.R.S. § 32-3635 — Arizona Code / Title 32 / Chapter 36 / Article 3 / Section 3635
32-3635 Standards of practice; unprofessional conduct
Status: in_force

32-3635. Standards of practice; unprofessional conduct

A. A registered trainee appraiser or a state-licensed or state-certified appraiser shall comply with the standards of professional appraisal practice.

B. An appraisal or appraisal report shall not be issued by a real estate appraiser unless it meets the appraisal standards established by this chapter and rules adopted pursuant to this chapter.

C. An appraisal review report shall clearly indicate the nature of the review process undertaken and shall separate the review function from any other functions.

D. All federally related appraisals shall be in writing.

E. Failure to pay the fees and expenses authorized by section 32-3632, subsection B is unprofessional conduct as defined by the uniform standards of professional appraisal practice.
A.R.S. § 32-2183.05 — Arizona Code / Title 32 / Chapter 20 / Article 4 / Section 2183.05
32-2183.05 Military training route disclosure; military electronics range disclosure; military installation, range and Arizona national guard site disclosure; residential property
Status: in_force

32-2183.05. Military training route disclosure; military electronics range disclosure; military installation, range and Arizona national guard site disclosure; residential property

A. Any public report that is issued after December 31, 2004 pursuant to section 32-2183 or 32-2195.03 and that is applicable to property located under a military training route, as delineated in the military training route map prepared by the state land department pursuant to section 37-102, and any public report that is issued after December 31, 2008 and that is applicable to property located in a military electronics range as delineated in the military electronics range map prepared by the state land department pursuant to section 37-102, and any public report that is issued after December 31, 2024 and that is applicable to property located fully or partially within a military installation's or range's or Arizona national guard site's influence area as delineated in the maps prepared by the state land department pursuant to section 37-102, subsection H, paragraph 4, shall include the following statements:

1. The property is located under a military training route, in a military electronics range or in a military installation's or range's or Arizona national guard site's influence area.

2. The state land department and the state real estate department maintain military training route maps, military electronics range maps and military installation and range and Arizona national guard site influence area maps available to the public.

3. The military training route map, military electronics range map and military installation and range and Arizona national guard site influence area maps are posted on the state real estate department's website.

B. The public report prescribed by subsection A of this section may contain a disclaimer that the subdivider has no control over the military training routes as delineated in the military training route map or the timing or frequency of flights and associated levels of noise, has no control over the military electronics range and its testing and training operations and has no control over the military installation's or range's or Arizona national guard site's operations.

C. For any lot reservation or conditional sale that occurs before the issuance of a public report, the disclosure statements listed in subsection A of this section shall be included within the reservation document or conditional sales contract.

D. This section does not require the amendment or reissuance of any public report issued on or before December 31, 2004 that is applicable to property located under a military training route, as delineated in the military training route map prepared by the state land department pursuant to section 37-102 or on or before December 31, 2008 that is applicable to property located in a military electronics range, as delineated in the military electronics range map prepared by the state land department pursuant to section 37-102 or on or before December 31, 2024 that is applicable to property located fully or partially within a military installation's or range's or Arizona national guard site's influence area as delineated in the map prepared by the state land department pursuant to section 37-102 subsection H, paragraph 4, or the amendment or reissuance of any reservation document or conditional sales contract accepted on or before December 31, 2004, on or before December 31, 2008 or on or before December 31, 2024.

E. Notwithstanding any other law, if the public report complies with subsection A of this section, a subdivider is not liable to any person or governmental entity for any act or failure to act in connection with the disclosure of a military training route as delineated in the military training route map or a military electronics range as delineated in the military electronics range map or the military installation or range or Arizona national guard site as delineated on the influence area maps.

F. This section does not require a public report issued sixty or fewer days before the filing of the military electronics range map or an influence area map prepared pursuant to section 37-102 to meet the military electronics range or military installation's or range's or Arizona national guard site's notification requirements of this section.

G. A public report issued sixty-one or more days after the filing of the military electronics range map or influence area map prepared pursuant to section 37-102 shall meet all of the requirements of subsection A of this section.
A.R.S. § 32-560 — Arizona Code / Title 32 / Chapter 5 / Article 5 / Section 560
32-560 Students; transfer; documentation
Status: in_force

32-560. Students; transfer; documentation

A student who desires to transfer from one school to another may apply to another school of the student's choice. The transferring school shall provide the student with a completion form documenting the hours and courses that the student has successfully completed. The form shall include the school's name, address and license number and the student's dates of attendance.
A.R.S. § 32-2414 — Arizona Code / Title 32 / Chapter 24 / Article 1 / Section 2414
32-2414 Licensure or registration of peace officers prohibited
Status: in_force

32-2414. Licensure or registration of peace officers prohibited

The department may not issue a license or registration certificate pursuant to this chapter to a peace officer, including a reserve peace officer. This section does not apply to retired peace officers or peace officers, including reserve peace officers, who are accident reconstructionists or fire origin and cause investigators.
A.R.S. § 32-2372.01 — Arizona Code / Title 32 / Chapter 23 / Article 2 / Section 2372.01
32-2372.01 Commercial motor vehicle instructors; rules
Status: in_force

32-2372.01. Commercial motor vehicle instructors; rules

On or before December 31, 2016 the director shall adopt rules to establish requirements and minimum standards for commercial motor vehicle instructors.
A.R.S. § 32-3555 — Arizona Code / Title 32 / Chapter 35 / Article 3 / Section 3555
32-3555 Hearings and investigations; subpoenas; representation
Status: in_force

32-3555. Hearings and investigations; subpoenas; representation

A. The board may issue subpoenas to compel attendance of witnesses and the production of documents and administer oaths, take testimony, hear offers of proof and receive exhibits in evidence in connection with a board investigation or hearing. If a board subpoena is disobeyed, the board may invoke the aid of any court in this state in requiring the attendance and testimony of witnesses and the production of documentary evidence.

B. A person appearing before the board may be represented by counsel.
A.R.S. § 32-922.03 — Arizona Code / Title 32 / Chapter 8 / Article 2 / Section 922.03
32-922.03 Licensure by endorsement; requirements
Status: in_force

32-922.03. Licensure by endorsement; requirements

A. The board may issue a license to practice chiropractic pursuant to this chapter by endorsement to an applicant who meets all of the following requirements:

1. Has actively practiced chiropractic in another state or jurisdiction for at least five of the immediately preceding seven years.

2. Has not had an adverse disciplinary action taken against a professional license issued by another state or jurisdiction.

3. Receives a grade of at least seventy-five percent on the Arizona jurisprudence examination.

4. On making application, pays to the executive director of the board a nonrefundable fee of not more than five hundred dollars as established by the board.

5. Pays the original license fee as prescribed by section 32-922.

B. The applicant shall present proof satisfactory to the board that:

1. A professional license of the applicant issued by any other state or jurisdiction has not been sanctioned for any cause that may be a basis of a sanction imposed by the board pursuant to this chapter, except for failure to pay fees.

2. The applicant has not previously failed to pass the examination in this state.

3. The applicant qualifies for licensure as prescribed in section 32-921, except the applicant is not required to submit proof of obtaining a passing score on part III or IV of the examination conducted by the national board of chiropractic examiners.

C. An applicant under this section is not required to pay the fee prescribed in section 32-921, subsection D.
A.R.S. § 32-4101 — Arizona Code / Title 32 / Chapter 41 / Article 1 / Section 4101
32-4101 Definitions
Status: in_force

32-4101. Definitions

In this chapter, unless the context otherwise requires:

1. "Athletic illness" means an illness that arises from, or a manifestation of an illness that occurs as a result of, a person's participation in or preparation for games or sports or participation in recreational activities or physical fitness activities.

2. "Athletic injury" means an injury sustained by a person as a result of that person's participation in or preparation for games or sports or participation in recreational activities or physical fitness activities, or any injury sustained by a person that is of the type that occurs during participation in or preparation for games or sports or participation in recreational activities or physical fitness activities, regardless of the circumstances under which the injury was sustained.

3. "Athletic trainer" means a person who is licensed pursuant to this chapter.

4. "Athletic training" includes the following performed under the direction of a licensed physician and for which the athletic trainer has received appropriate education and training as prescribed by the board:

(a) The prevention, recognition, examination, evaluation, rehabilitation and management of athletic injuries.

(b) The prevention, evaluation, immediate care and monitoring of athletic illnesses.

(c) The referral of a person receiving athletic training services to appropriate health care professionals, as necessary.

(d) The use of heat, cold, water, light, sound, electricity, passive or active exercise, massage, mechanical devices or any other therapeutic modality to prevent, treat, rehabilitate or recondition athletic injuries.

(e) The planning, administration, evaluation, and modification of methods for prevention and risk management of athletic injuries and athletic illnesses.

(f) Education and counseling related to all aspects of the practice of athletic training.

(g) The use of topical pharmacological agents in conjunction with the administration of therapeutic modalities and pursuant to a prescription issued pursuant to the laws of this state and for which an athletic trainer has received appropriate education and training.

5. "Athletic training student" means a student who is currently enrolled in an athletic training education program that is accredited by an accrediting agency recognized by the board.

6. "Board" means the board of athletic training.

7. "Direct supervision" means that the supervising athletic trainer is present in the facility or on the campus where athletic training students are performing services, is immediately available to assist the person being supervised in the services being performed and maintains continued involvement in appropriate aspects of the services being performed.

8. "Direction of a licensed physician" means direction as prescribed by the board by rule pursuant to section 32-4103.

9. "Dry needling" means a skilled intervention that is performed by an athletic trainer and that uses a thin filiform needle to penetrate the skin and stimulate underlying neural, muscular and connective tissues to evaluate and manage neuromusculoskeletal conditions, pain and movement impairments.

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

11. "Restricted license" means a license on which the board places restrictions or conditions, or both, as to the scope of practice, place of practice, supervision of practice, duration of license status or type or condition of a person to whom the licensee may provide services.
A.R.S. § 32-1687 — Arizona Code / Title 32 / Chapter 15.1 / Article 2 / Section 1687
32-1687 Continuing education
Status: in_force

32-1687. Continuing education

A. All dispensing opticians licensed under this chapter shall satisfy a continuing education requirement in accordance with board rules.

B. The board shall prescribe by rule the form and content of continuing education for dispensing opticians licensed under this chapter that is designed to educate the licensee in current developments, skills and procedures.  Opticians may satisfy this continuing education requirement by home study courses or attending seminars and are not required to join a professional association of dispensing opticians in this state in order to fulfill the requirement.  The rules shall establish the number of hours of continuing education required within a three-year period in an amount not to exceed twenty-one hours.
A.R.S. § 32-1152.01 — Arizona Code / Title 32 / Chapter 10 / Article 3 / Section 1152.01
32-1152.01 Alternatives to cash deposit
Status: in_force

32-1152.01. Alternatives to cash deposit

A. As an alternative to the cash deposit provided for in section 32-1152, subsection B, a contractor may substitute any of the following:

1. Certificates of deposit assigned to the registrar, issued by banks doing business in this state and insured by the federal deposit insurance corporation.

2. Investment certificates or share accounts assigned to the registrar and issued by a savings and loan association doing business in this state and insured by the federal deposit insurance corporation.

B. The terms and conditions surrounding each of such types of security may be prescribed by the registrar.
A.R.S. § 32-804 — Arizona Code / Title 32 / Chapter 7 / Article 1 / Section 804
32-804 Rule making powers
Status: in_force

32-804. Rule making powers

The board may adopt rules and regulations consistent with and necessary to carry out the provisions of this chapter.
A.R.S. § 32-1391.16 — Arizona Code / Title 32 / Chapter 12 / Article 5 / Section 1391.16
32-1391.16 Prearranged funeral sales and trust account activities; funeral establishments; annual report
Status: in_force

32-1391.16. Prearranged funeral sales and trust account activities; funeral establishments; annual report

A. On or before May 1, each funeral establishment holding a prearranged funeral sales endorsement shall file an annual report with the department concerning its prearranged funeral sales and trust account activities during the preceding calendar year.

B. The funeral establishment shall pay the annual report fee prescribed in section 32-1309 when the annual report is filed.

C. The annual report shall contain the following information sworn to by the owner or owners of the funeral establishment:

1. The names and addresses of persons who were sold prearranged funerals funded by trust by the funeral establishment during the preceding calendar year and the names of the persons who are to be the beneficiaries of the prearranged funerals.

2. The name of the salesperson who sold each prearranged funeral pursuant to paragraph 1 of this subsection.

3. The total contract amount for each purchaser listed in paragraph 1 of this subsection, the total amount of monies previously paid on each contract and the amount of monies paid by and refunded to the purchaser on each contract during the preceding calendar year.

4. The total trust funds contained in the funeral establishment's prearranged funeral trust accounts as of the end of the preceding calendar year and the total funds received in the trust accounts during that year.

5. The total amount of monies, if any, received from purchasers but not deposited in the trust accounts as of the end of the preceding calendar year, excluding initial service fees received by the funeral establishment.

6. The names and addresses of all salespersons employed or otherwise engaged by the funeral establishment during the preceding calendar year and the names and registration numbers of all salespersons terminated during that year.

7. The names and addresses of the financial institutions where the trust funds are on deposit and the account number of each account.

8. A statement of the owner of the funeral establishment that the funeral establishment has complied with this article and rules adopted pursuant to this article.

9. Other information required by the department.

D. Each funeral establishment that does not offer or sell prearranged funerals funded by trust or hold a prearranged funeral sales endorsement shall file with the department the annual report described in subsection C of this section concerning all prearranged funeral trust accounts established before January 1, 1985 and in existence during the preceding calendar year on or before May 1. For the purposes of this subsection, "prearranged funeral trust account" includes all prearranged funeral trust accounts or funds established pursuant to laws in existence before January 1, 1985.

E. The department of health services shall provide the department of insurance and financial institutions with a copy of each annual report filed pursuant to this section.
A.R.S. § 32-2454 — Arizona Code / Title 32 / Chapter 24 / Article 4 / Section 2454
32-2454 Advertising
Status: in_force

32-2454. Advertising

All display or broadcast media advertising by a licensee soliciting business shall contain the licensee's name and license number as they appear in the records of the department. The licensee shall not use any advertising that is false, deceptive or misleading.
A.R.S. § 32-3429 — Arizona Code / Title 32 / Chapter 34 / Article 2 / Section 3429
32-3429 Foreign trained applicants
Status: in_force

32-3429. Foreign trained applicants

Foreign trained occupational therapists and occupational therapy assistants shall:

1. Satisfy the examination requirements of section 32-3424.

2. Complete the academic and supervised fieldwork requirements that are substantially equal to those prescribed in section 32-3423 before taking the examination.

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

4. Pay all applicable fees prescribed pursuant to section 32-3427.
A.R.S. § 32-2531 — Arizona Code / Title 32 / Chapter 25 / Article 3 / Section 2531
32-2531 Physician assistant scope of practice; health care tasks; supervision agreements; supervising physician duties; civil penalty
Status: in_force

32-2531. Physician assistant scope of practice; health care tasks; supervision agreements; supervising physician duties; civil penalty

A. Except as prohibited in subsection E of this section, a physician assistant may provide any legal medical service for which the physician assistant has been prepared by education, training and experience and that the physician assistant is competent to perform, including:

1. Obtaining comprehensive health histories and performing physical examinations.

2. Evaluating and diagnosing patients and managing and providing medical treatment and therapeutic interventions.

3. Ordering, performing and interpreting diagnostic studies and therapeutic procedures.

4. Educating patients on health promotion and disease prevention and providing counseling and education to meet patient needs.

5. Providing consultation on request.

6. Writing medical orders.

7. Obtaining informed consent.

8. Assisting in surgery.

9. Delegating and assigning therapeutic and diagnostic measures to and supervising licensed or unlicensed personnel.

10. Making appropriate referrals.

11. Ordering, prescribing, dispensing and administering drugs and medical devices.

12. Prescribing prescription-only medications.

13. Prescribing schedule IV or schedule V controlled substances as defined in the controlled substances act (P.L. 91-513; 84 Stat. 1242; 21 United States Code section 802).

14. Prescribing schedule II and schedule III controlled substances as defined in the controlled substances act.

15. Performing minor surgery.

16. Performing nonsurgical health care tasks that are normally taught in courses of training approved by the board and that are consistent with the physician assistant's education, training and experience.

17. Certifying the health or disability of a patient as required by any local, state or federal program.

18. Ordering home health services.

B. Pursuant to the requirements of this chapter and the standard of care, a physician assistant who has at least eight thousand hours of clinical practice certified by the board pursuant to section 32-2536 is not required to practice pursuant to a supervision agreement but shall continue to collaborate with, consult with or refer to the appropriate health care professional as indicated by the patient's condition and by the physician assistant's education, experience and competencies. The level of collaboration required by this subsection is determined by the policies of the practice setting at which the physician assistant is employed, including a physician employer, physician group practice or health care institution. Collaboration, consultation or a referral pursuant to this subsection may occur through electronic means and does not require the physical presence of the appropriate health care professional at the time or place the physician assistant provides medical services.  This subsection does not prohibit a physician assistant who has at least eight thousand hours of clinical practice certified by the board pursuant to section 32-2536 from practicing pursuant to a supervision agreement.

C. A physician assistant who has less than eight thousand hours of clinical practice certified by the board shall work in accordance with a supervision agreement that describes the physician assistant's scope of practice.  A physician assistant may not perform health care tasks until the physician assistant has completed and signed a supervision agreement. Under a supervision agreement, supervision may occur through electronic means and does not require the physical presence of the supervising physician at the time or place the physician assistant provides medical services. The supervision agreement must be kept on file at the main location of the physician assistant's practice and, on request, be made available to the board or the board's representative. On receipt of board certification of the physician assistant's completion of at least eight thousand hours of clinical practice, a physician assistant is no longer subject to the requirements of this subsection. The board may count practice hours earned in another jurisdiction toward the hours of clinical practice required by this subsection.

D. A physician assistant who does not practice pursuant to a supervision agreement is legally responsible for the health care services performed by the physician assistant.

E. A physician assistant shall not perform surgical abortions as defined in section 36-2151.

F.  A physician assistant may pronounce death and may authenticate, by the physician assistant's signature, certification, stamp, verification, affidavit or endorsement, any form that may be authenticated by a physician's signature, certification, stamp, verification, affidavit or endorsement.

G. The board by rule may prescribe a civil penalty for a violation of this article. The penalty shall not exceed $50 for each violation.  The board shall deposit, pursuant to sections 35-146 and 35-147, all monies it receives from this penalty in the state general fund. A physician assistant and the supervising physician or collaborating physician or entity may contest the imposition of this penalty pursuant to board rule. The imposition of a civil penalty is public information, and the board may use this information in any future disciplinary actions.
A.R.S. § 32-2250 — Arizona Code / Title 32 / Chapter 21 / Article 4 / Section 2250
32-2250 Veterinary technician certificate fees
Status: in_force

32-2250. Veterinary technician certificate fees

The board shall establish the fees provided for in this article in amounts not to exceed the following:

1. Application and examination fee, one hundred fifty dollars.

2. Issuance of a certificate fee, twenty-five dollars in even-numbered years and fifty dollars in odd-numbered years.

3. Renewal fee, one hundred dollars.

4. Delinquency fee, twenty-five dollars.

5. Duplicate certificate fee, twenty dollars.
A.R.S. § 32-1293 — Arizona Code / Title 32 / Chapter 11 / Article 5 / Section 1293
32-1293 Practicing as denturist; denture technology; dental laboratory technician
Status: in_force

32-1293. Practicing as denturist; denture technology; dental laboratory technician

A. Notwithstanding the provisions of section 32-1202, nothing in this chapter shall be construed to prohibit a denturist certified pursuant to the provisions of this article from practicing denture technology.

B. A person is deemed to be practicing denture technology who:

1. Takes impressions and bite registrations for the purpose of or with a view to the making, producing, reproducing, construction, finishing, supplying, altering or repairing of complete upper or lower prosthetic dentures, or both, or removable partial dentures for the replacement of missing teeth.

2. Fits or advertises, offers, agrees, or attempts to fit any complete upper or lower prosthetic denture, or both, or adjusts or alters the fit of any full prosthetic denture, or fits or adjusts or alters the fit of removable partial dentures for the replacement of missing teeth.

C. In addition to the practices described in subsection B of this section, a person certified to practice denture technology may also construct, repair, reline, reproduce or duplicate full or partial prosthetic dentures or otherwise engage in the activities of a dental laboratory technician.

D. No person may perform an act described in subsection B of this section except a licensed dentist, a holder of a restricted permit pursuant to section 32-1238, a certified denturist or auxiliary personnel authorized to perform any such act by rule or regulation of the board pursuant to section 32-1207, subsection A, paragraph 1.
A.R.S. § 32-1805 — Arizona Code / Title 32 / Chapter 17 / Article 1 / Section 1805
32-1805 Board fund; disbursements
Status: in_force

32-1805. Board fund; disbursements

(L24, Ch. 222, sec. 25.  Eff. until 7/1/28)

A. Before the end of the calendar month, pursuant to sections 35-146 and 35-147, the board shall deposit fifteen percent of all monies received by the board from fees and other monies provided for in section 32-1826 in the state general fund and deposit the remaining eighty-five percent in the board fund. All monies derived from civil penalties collected pursuant to section 32-1855 shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

B. Monies deposited in the board fund shall be subject to section 35-143.01.
A.R.S. § 32-1855.03 — Arizona Code / Title 32 / Chapter 17 / Article 3 / Section 1855.03
32-1855.03 Health care institution duty to report; immunity; patient records; confidentiality
Status: in_force

32-1855.03. Health care institution duty to report; immunity; patient records; confidentiality

A. A health care institution as defined in section 36-401 or a subscription provider of health care shall report to the board any information it may have that appears to show that a physician may be guilty of unprofessional conduct or may be mentally or physically unable safely to engage in the practice of medicine. A health care institution or subscription provider of health care that provides information to the board in good faith is not subject to an action for civil damages as a result and, if requested, the board shall not disclose its name unless the testimony is essential to the disciplinary proceedings conducted pursuant to section 32-1855. The board shall report a health care institution or subscription provider of health care that fails to report as required by this section to the institution's licensing agency.

B. The chief executive officer, the medical director or the medical chief of staff of a health care institution or subscription provider of health care shall inform the board when the privileges of a physician to practice in the health care institution or subscription provider of health care are denied, revoked, suspended or limited because of actions by the physician that jeopardized patient health and welfare or when the physician resigned during pending proceedings for denial, revocation, suspension or limitation of privileges. A report to the board pursuant to this subsection shall contain a general statement of the reasons the health care institution or subscription provider of health care took an action to deny, revoke, suspend or limit a physician's privileges.

C. Hospital records, medical staff records, medical staff review committee records and testimony concerning these records and proceedings related to the creation of these records are confidential and are subject to the same discovery and use in legal actions only as are the original records in the possession and control of hospitals, their medical staff and their medical staff review committees. The board shall use these records and testimony only during the course of investigations and proceedings pursuant to this chapter.

D. Patient records, including clinical records, medical reports, laboratory statements and reports, any file or film, any other report or oral statement relating to diagnostic findings or treatment of patients, any information from which a patient or the patient's family might be identified or information received and records kept by the board as a result of the investigation made pursuant to this chapter are confidential.

E. Nothing in this chapter or any other provision of law relating to privileged communications between a physician and patient applies to investigations or proceedings conducted pursuant to this chapter. The board and its employees, agents and representatives shall keep confidential the name of a patient whose records are reviewed during the course of an investigation and proceedings.
A.R.S. § 32-2294 — Arizona Code / Title 32 / Chapter 21 / Article 8 / Section 2294
32-2294 Grounds for refusal to issue or renew license or for disciplinary action; procedure; civil penalty
Status: in_force

32-2294. Grounds for refusal to issue or renew license or for disciplinary action; procedure; civil penalty

A. The board may take disciplinary action against the animal crematory, including revoking, suspending, refusing to issue or refusing to renew an animal crematory license for any of the following grounds:

1. Failure to notify the board in writing within twenty days after a change of the person who owns the animal crematory or the person responsible for the operation of the animal crematory.

2. Failure to maintain clean and sanitary facilities for the performance of services in accordance with the rules adopted by the board.

3. Failure to keep written records of all animals receiving crematory services, failure to provide a summary of the records on request to the client or failure to produce the records at the request of the board.

4. Failure to maintain a current animal crematory license to provide crematory services to the public at a fixed location.

B. If the board receives information indicating that disciplinary action should be taken against an animal crematory license and if it appears after investigation that the information may be true, the board may issue a notice of formal hearing or the board may hold an informal interview.  If the results of the informal interview indicate suspension or revocation of the animal crematory license or other action may be in order, the board shall issue a notice of formal hearing and proceed pursuant to title 41, chapter 6, article 10.  If the informal interview and other evidence indicate that disciplinary action should be taken other than suspension or revocation, the board may take any one or a combination of the following actions:

1. Issue a decree of censure.

2. Fix such period and terms of probation as are best adapted to protect the public and rehabilitate or educate the animal crematory licensee. The terms of probation may include temporary suspension not to exceed thirty days.  The failure to comply with any term of the probation is cause to consider the entire case and any other alleged violations of this chapter at a formal hearing pursuant to title 41, chapter 6, article 10.

3. Impose a civil penalty of not more than one thousand dollars for each violation.  The total penalty shall not exceed five thousand dollars.

C. Before a license may be revoked or suspended for any cause provided by subsection A, the board shall serve notice and conduct a hearing in the manner prescribed by title 41, chapter 6, article 10.
A.R.S. § 32-2198.06 — Arizona Code / Title 32 / Chapter 20 / Article 10 / Section 2198.06
32-2198.06 Execution of notes; assignment; purchaser's defenses retained
Status: in_force

32-2198.06. Execution of notes; assignment; purchaser's defenses retained

A. A membership camping contract shall not require the execution of any note or series of notes by the purchaser which if separately negotiated would terminate as to third parties any right of action or defense which the customer has against the campground operator.

B. A right of action or defense arising out of a membership camping contract which the customer has against the campground operator shall not be terminated by assignment of the contract whether or not the assignee acquires the contract in good faith and for value.
A.R.S. § 32-152 — Arizona Code / Title 32 / Chapter 1 / Article 3 / Section 152
32-152 Record documents; definition
Status: in_force

32-152. Record documents; definition

A. If a person or firm that is registered or certified by the board is required to provide record documents for improvements or grading, and the plans show changes during the construction process, the following apply:

1. If the registered or certified professional provided construction phase services on the project that include supervision of the construction of engineering structures, the plans shall be based on field observations of the registered or certified professional or the professional's agents and information received from the project owner, project contractors and public agencies.

2. If the registered or certified professional did not provide construction phase services on the project that include supervision of the construction of engineering structures, the plans shall be based on information received from the project owner, project contractors and public agencies, but need not be based on a field verification or investigation of the improvements or grades unless the registered or certified professional is engaged to provide the field verification services.

3. The registered or certified professional shall not be required to include a certificate or statement on record documents that is inconsistent with or varies from this section.

B. For the purposes of this section, "record documents" means plans that document the registered or certified professional's final plans and that include all changes made to the plans in the actual project construction.  Record documents include as-constructed plans or as-built plans.
A.R.S. § 32-1924 — Arizona Code / Title 32 / Chapter 18 / Article 2 / Section 1924
32-1924 Licenses; fees; rules; signatures; registration; online profiles
Status: in_force

32-1924. Licenses; fees; rules; signatures; registration; online profiles

A. An applicant for licensure as a pharmacist shall pay the board an initial licensure fee of not more than $500.

B. An applicant for licensure as a pharmacist, intern or pharmacy technician shall pay a fee prescribed by the board that does not exceed $50 for issuance of a wall license. On payment of a fee of not more than $50, the board may issue a replacement wall license to a licensee who requests a replacement because the original was damaged or destroyed, because of a change of name or for other good cause as prescribed by the board.

C. An applicant for licensure as an intern shall pay a fee of not more than $75. A license issued pursuant to this subsection expires five years after it is issued. The board shall adopt rules to prescribe the requirements for the renewal of a license that expires before the pharmacy intern completes the education or training required for licensure as a pharmacist.

D. An applicant for reciprocal licensure as a pharmacist shall pay a fee of not more than $500 for the application and expense of investigating the applicant's pharmaceutical standing in the jurisdiction in which the applicant is licensed.

E. All pharmacist licenses shall bear the signatures of the executive director and a majority of the members of the board.

F. An applicant to register as a pharmacy technician trainee shall submit with the application a fee prescribed by the board that does not exceed  $25. A pharmacy technician trainee may apply for licensure as a pharmacy technician within thirty-six months after registering as a pharmacy technician trainee. A pharmacy technician trainee registration may not be renewed or reissued.

G. An applicant for licensure as a pharmacy technician shall submit with the application a fee prescribed by the board that does not exceed $100.

H. A licensee or registrant shall create an online profile using the board's licensing software.
A.R.S. § 32-3672 — Arizona Code / Title 32 / Chapter 36 / Article 5 / Section 3672
32-3672 Certification on registration renewal
Status: in_force

32-3672. Certification on registration renewal

Each appraisal management company seeking registration renewal in this state shall certify to the deputy director on a form prescribed by the deputy director that the appraisal management company has complied with all of the following:

1. Has a system and process in place to verify that a person being added to the appraiser panel of the appraisal management company holds a license or certificate in good standing in this state pursuant to the deputy director.

2. Has a system in place to review the quality of appraisals of all independent appraisers that are performing real property appraisal services for the appraisal management company on a periodic basis to confirm that the real property appraisal services are being conducted in accordance with uniform standards of professional appraisal practice.

3. Maintains a detailed record of each service request that it receives and the name of the independent appraiser that performs the real property appraisal services for the appraisal management company. The appraisal management company shall maintain a detailed record for the same time period that an appraiser is required to maintain an appraisal record for the same real property appraisal activity.

4. Has a system in place to train those who select individual appraisers for real property appraisal services in this state to ensure that the selectors have appropriate training in placing appraisal assignments.
A.R.S. § 32-2194.25 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.25
32-2194.25 Trust fund to be established before existing cemetery can advertise as endowed-care cemetery
Status: in_force

32-2194.25. Trust fund to be established before existing cemetery can advertise as endowed-care cemetery

After the effective date of this article, no owner of a cemetery in existence at the effective date of this article, who previous to such date has not sold or contracted to sell lots in such cemetery with a provision for perpetual or endowed care, shall thereafter advertise or otherwise hold out to the public that such cemetery or any individual lot therein is entitled to perpetual or endowed care unless and until the owner shall have established a trust fund for the care of the cemetery, as provided by this article.
A.R.S. § 32-1057 — Arizona Code / Title 32 / Chapter 9 / Article 3 / Section 1057
32-1057 Prosecution of violations; individual liability
Status: in_force

32-1057. Prosecution of violations; individual liability

A. The prosecuting officer of a county or city shall prosecute all violations of this chapter occurring within his jurisdiction.

B. An officer or agent of a corporation or association participating in a violation of this chapter by such corporation or association shall be subject to the penalties prescribed by section 32-1056 for an individual.
A.R.S. § 32-1389 — Arizona Code / Title 32 / Chapter 12 / Article 4 / Section 1389
32-1389 Application for change of name
Status: in_force

32-1389. Application for change of name

The owner of a licensed funeral establishment shall submit an application on a form prescribed by the department to change the name of the funeral establishment. The application shall be subscribed under oath and shall be accompanied by the applicable fee pursuant to section 32-1309.
A.R.S. § 32-2025 — Arizona Code / Title 32 / Chapter 19 / Article 2 / Section 2025
32-2025 Interim permits
Status: in_force

32-2025. Interim permits

A. If a foreign educated applicant satisfies the requirements of section 32-2022, subsection B, before the board issues a license it shall issue an interim permit to the applicant for the purpose of participating in a supervised clinical practice period. An applicant who fails the national examination is not eligible for an interim permit until the applicant passes the examination.

B. If an applicant who has been educated in the United States satisfies the requirements of section 32-2022, subsection A or D, but the board determines that there is evidence that the applicant lacks the competence to practice as a physical therapist or work as a physical therapist assistant, the board shall issue an interim permit to the applicant to allow that person to participate in a supervised clinical practice.

C. The board may issue an interim permit for at least ninety days but not more than six months.

D. An interim permit holder shall complete, to the satisfaction of the board, a period of clinical practice in a facility approved by the board and under the continuous and on-site supervision of a physical therapist who holds an unrestricted license issued pursuant to this chapter.

E. At any time during an interim supervised clinical practice period, the board may revoke an interim permit because of the permit holder's incompetence or for a violation of this chapter. Pursuant to title 41, chapter 6, article 10, the board shall hold a hearing on request of a permit holder whose permit is revoked.
A.R.S. § 32-2185.07 — Arizona Code / Title 32 / Chapter 20 / Article 4 / Section 2185.07
32-2185.07 Jurisdiction
Status: in_force

32-2185.07. Jurisdiction

The commissioner shall not be denied jurisdiction over any person subject to the provisions of this article because of similar jurisdiction over such person by any other agency or the applicability to such person of any regulation prescribed pursuant to any other provision of law.
A.R.S. § 32-1123 — Arizona Code / Title 32 / Chapter 10 / Article 2 / Section 1123
32-1123 Unlicensed contractors; contract bidding; license denial; exemptions; warning
Status: in_force

32-1123. Unlicensed contractors; contract bidding; license denial; exemptions; warning

A. Except as provided in subsection D of this section, if an entity that is not licensed or not properly licensed pursuant to this chapter bids on a contract for a project with an aggregate worth of more than $1,000, the registrar may not issue the entity a license for one year after the bid date.  For the purposes of this subsection, aggregate worth does not include any electrical fixture or appliance that meets all of the following:

1. Was designed by the manufacturer.

2. Is unaltered, unchanged or unmodified by any person.

3. Can be plugged into a common electrical outlet.

4. Does not involve the connection to a supply of natural gas, propane or other petroleum or gaseous fuel.

B. This section does not apply to an entity that bids on a contract for either of the following:

1. A department of transportation project.

2. A project that is subject to the federal acquisition regulation, title 48 Code of Federal Regulations, including the department of defense federal acquisition regulation.

C. This section does not affect the licensing exemptions prescribed in section 32-1121.

D. The registrar shall issue an entity a written warning relating to unlicensed activity if the registrar has not previously issued the entity a warning and if the entity bids on a contract for a project pursuant to subsection A of this section and the project has an aggregate worth of more than $1,000 but less than $20,000, excluding any electrical fixture or appliance that meets all of the following:

1. Was designed by the manufacturer.

2. Is unaltered, unchanged or unmodified by any person.

3. Can be plugged into a common electrical outlet.

4. Does not involve the connection to a supply of natural gas, propane or other petroleum or gaseous fuel.
A.R.S. § 32-1028 — Arizona Code / Title 32 / Chapter 9 / Article 2 / Section 1028
32-1028 Fees
Status: in_force

32-1028. Fees

Every original or renewal application shall be accompanied by the fees prescribed in section 6-126.
A.R.S. § 32-3286 — Arizona Code / Title 32 / Chapter 33 / Article 4 / Section 3286
32-3286 Unlawful practice; unlawful use of title; violations; classification; civil penalty; exception
Status: in_force

32-3286. Unlawful practice; unlawful use of title; violations; classification; civil penalty; exception

A. Except as prescribed in section 32-3271, a person who is not licensed pursuant to this chapter shall not engage in the practice of behavioral health.

B. A person who is not licensed pursuant to this chapter shall not use any of the following designations or any other designation that indicates licensure status, including abbreviations, or claim to be licensed pursuant to this chapter:

1. Licensed professional counselor.

2. Licensed associate counselor.

3. Licensed marriage and family therapist.

4. Licensed associate marriage and family therapist.

5. Licensed clinical social worker.

6. Licensed master social worker.

7. Licensed baccalaureate social worker.

8. Licensed independent addiction counselor.

9. Licensed associate addiction counselor.

10. Licensed addiction technician.

C. A person who is not licensed pursuant to this chapter and who practices or attempts to practice or who holds himself out as being trained and authorized to practice behavioral health, including diagnosing or treating any mental ailment, disease or disorder or other mental condition of any person, without being authorized by law to perform the act is engaging in the unauthorized practice of behavioral health, is in violation of this chapter, is guilty of a class 6 felony and is subject to a civil penalty of not more than $500 for each offense.

D. A person who conspires with or aids and abets another to commit any act described in subsection C of this section is guilty of a class 6 felony and is subject to a civil penalty of not more than $500 for each offense.

E. The board shall notify the department of health services if a licensed health care institution employs or contracts with a person who is investigated pursuant to this section.

F. Each day that a violation is committed constitutes a separate offense.

G. All fees received for services described in this section shall be refunded by the person found guilty pursuant to this section.

H. Notwithstanding subsection A of this section and based on circumstances presented to the board, the board may sanction a person's failure to timely renew a license while continuing to engage in the practice of behavioral health as an administrative violation rather than as a violation of this section or grounds for unprofessional conduct and may impose a civil penalty of not more than $500. The board shall deposit, pursuant to sections 35-146 and 35-147, monies collected pursuant to this subsection in the state general fund.
A.R.S. § 32-922.01 — Arizona Code / Title 32 / Chapter 8 / Article 2 / Section 922.01
32-922.01 Reciprocity; requirements
Status: in_force

32-922.01. Reciprocity; requirements

A. The board shall issue a license to practice chiropractic under this section to an applicant who meets the following requirements:

1. Holds a current license to practice chiropractic issued after examination by a licensing board in another state or country in which, in the opinion of the board, the licensing requirements are at least substantially equivalent to those of this state and the other state or country grants similar reciprocal privileges to chiropractors licensed in this state.

2. Receives a grade of at least seventy-five per cent on the Arizona jurisprudence examination.

3. Pays the original license fee of one hundred dollars.

B. The applicant shall pay the application fee prescribed by section 32-921 and present proof satisfactory to the board that:

1. A license issued by any other state has not been sanctioned for any cause that is a basis of a sanction imposed by the board pursuant to this chapter, except for failure to pay fees.

2. The applicant has not previously failed to pass the examination in this state.

3. The applicant has been engaged in the practice of chiropractic continuously for not less than three of the five years immediately preceding the application.
A.R.S. § 32-3212 — Arizona Code / Title 32 / Chapter 32 / Article 1 / Section 3212
32-3212 Umbilical cord blood; patient information; definition
Status: in_force

32-3212. Umbilical cord blood; patient information; definition

A. Beginning January 1, 2007, if a health professional has a patient who is in her second trimester of pregnancy, the health professional must inform the patient of the following options relating to stem cells that are contained in the umbilical cord blood after the delivery of her child:

1. Discard the stem cells.

2. Donate the stem cells to a public umbilical cord blood bank.

3. Store the stem cells in a family umbilical cord blood bank for use by the immediate and extended family members.

4. Store the stem cells for family use through a family or sibling donor banking program that provides free collection, processing and storage where there is a medical need.

B. If the department of health services has issued a pamphlet on this subject, the health professional must also provide the patient with this pamphlet.

C. A health professional meets the notification requirements of this section by providing this information verbally or in writing or by providing the woman with a publication prepared by the department of health services.

D. This section does not impose an obligation on a health professional to inform a pregnant woman regarding the option of umbilical cord blood collection if that information conflicts with the health professional's bona fide religious beliefs.

E. A person who acts in good faith pursuant to this section is not subject to civil or criminal liability or professional discipline for those acts.

F. For the purposes of this section, "umbilical cord blood" means the blood that remains in the umbilical cord and placenta after the birth of a newborn child.
A.R.S. § 32-1923.01 — Arizona Code / Title 32 / Chapter 18 / Article 2 / Section 1923.01
32-1923.01 Pharmacy technicians; pharmacy technician trainees; qualifications; remote dispensing site pharmacies
Status: in_force

32-1923.01. Pharmacy technicians; pharmacy technician trainees; qualifications; remote dispensing site pharmacies

A. An applicant for licensure as a pharmacy technician must:

1. Be at least eighteen years of age.

2. Have a high school diploma or the equivalent of a high school diploma.

3. Complete a training program prescribed by board rules.

4. Pass a board-approved pharmacy technician examination.

B. An applicant to register as a pharmacy technician trainee must:

1. Be at least eighteen years of age.

2. Register with the board via an online application.

C. Before a pharmacy technician prepares, compounds or dispenses prescription medications at a remote dispensing site pharmacy, the pharmacy technician shall:

1. Complete, in addition to any other board-approved mandatory continuing professional education requirements, a two-hour continuing education program on remote dispensing site pharmacy practices provided by an approved provider.

2. Have at least one thousand hours of experience working as a pharmacy technician in an outpatient pharmacy setting under the direct supervision of a pharmacist.

D. A pharmacy technician working at a remote dispensing site pharmacy:

1. Shall maintain an active, nationally recognized pharmacy technician certification approved by the board.

2. May not perform extemporaneous sterile or nonsterile compounding but may prepare commercially available medications for dispensing, including the reconstitution of orally administered powder antibiotics.
A.R.S. § 32-122.07 — Arizona Code / Title 32 / Chapter 1 / Article 2 / Section 122.07
32-122.07 Denial of alarm business, controlling person or alarm agent certification; appeal
Status: in_force

32-122.07. Denial of alarm business, controlling person or alarm agent certification; appeal

A. The board may deny an application for certification as an alarm business, controlling person or alarm agent if a controlling person of an alarm business or an alarm agent has been convicted of an act involving moral turpitude.

B. If the board denies an application for certification as an alarm business, controlling person or alarm agent, the board shall send notice of its action by certified mail to the applicant, setting forth the reasons for the action taken.

C. Within thirty days after the date of the notice, the applicant may request a hearing before the board pursuant to title 41, chapter 6, article 10.
A.R.S. § 32-3245 — Arizona Code / Title 32 / Chapter 32 / Article 3 / Section 3245
32-3245 Arizona medical board; Arizona board of osteopathic examiners in medicine and surgery; notice of commission actions; expenditure of certain monies prohibited
Status: in_force

32-3245. Arizona medical board; Arizona board of osteopathic examiners in medicine and surgery; notice of commission actions; expenditure of certain monies prohibited

(Conditionally Rpld.)

The Arizona medical board and the Arizona board of osteopathic examiners in medicine and surgery:

1. Within thirty days after an interstate commission action shall post on the board's public website notice of any commission action that may affect a physician's license.

2. May not spend any monies received from physicians or applicants for licensure who are not applying for licensure through this compact on any activities, obligations or duties required by this compact.
A.R.S. § 32-3057 — Arizona Code / Title 32 / Chapter 30 / Article 3 / Section 3057
32-3057 Cease and desist order; injunctive relief; civil penalty
Status: in_force

32-3057. Cease and desist order; injunctive relief; civil penalty

A. In addition to all other remedies, if it appears to the board, either on complaint or otherwise, that any person has engaged in or is engaging in an act, practice or transaction which violates this chapter or any rule or order of the board, the board may either:

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

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

B. A person who has received a cease and desist order under subsection A, paragraph 1 of this section shall, upon request, be granted a hearing before the board within thirty days of the effective date of the order.

C. If the person fails to comply with the order, the board shall file an action, pursuant to subsection A, paragraph 2 of this section, in superior court to restrain and enjoin the person from engaging in the act, practice or transaction. The court in the action shall proceed as in other actions for injunction. If the court finds that the person wilfully failed to obey a valid cease and desist order, the court shall impose a civil penalty of not less than two hundred fifty dollars nor more than one thousand dollars per day per violation. Any amount collected as a civil penalty shall be deposited in the state general fund.

D. Each violation of this chapter or a rule or order of the board constitutes a separate offense and the court may impose a civil penalty not to exceed one thousand dollars for each violation.  The board may impose an additional penalty in an amount not to exceed one thousand dollars for each day the civil penalty is not paid, beginning on the day after the penalty has been imposed. All monies derived from the imposition of civil penalties shall be transmitted to the state treasurer for deposit in the state general fund.
A.R.S. § 32-1472 — Arizona Code / Title 32 / Chapter 13 / Article 4 / Section 1472
32-1472 Limited liability for emergency health care at amateur athletic events
Status: in_force

32-1472. Limited liability for emergency health care at amateur athletic events

A health care provider licensed or certified pursuant to title 32 who agrees with any person or school to voluntarily attend an amateur athletic practice, contest or other event to be available to render emergency health care within the provider's authorized scope of practice and without compensation to an athlete injured during such event is not liable for any civil or other damages as the result of any act or omission by the provider rendering the emergency care, or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the injured athlete, if the provider acts in good faith without gross negligence.
A.R.S. § 32-2027 — Arizona Code / Title 32 / Chapter 19 / Article 2 / Section 2027
32-2027 License renewal; suspension
Status: in_force

32-2027. License renewal; suspension

A. A licensee shall renew the license pursuant to board rules. Except as provided in section 32-4301, a licensee who fails to renew the license on or before its expiration date shall not practice as a physical therapist or work as a physical therapist assistant in this state.

B. The board shall administratively suspend a license if the licensee does not submit a complete application for renewal and pay the renewal fee pursuant to board rules.
A.R.S. § 32-4022 — Arizona Code / Title 32 / Chapter 40 / Article 2 / Section 4022
32-4022 Examination; requirements; exemption
Status: in_force

32-4022. Examination; requirements; exemption

A. A person shall not be admitted to an examination without presenting satisfactory evidence to the board that before the date on which the application for an examination was filed the person has done at least one of the following:

1. Obtained one year of experience in making verbatim records of meetings, conferences, hearings or judicial or related proceedings by means of written symbols or abbreviations in shorthand, machine writing or voice writing and in transcribing these records.

2. Obtained a verified certificate of the satisfactory completion of a prescribed course of study from a court reporting school or a certificate from a school that evidences the equivalent proficiency and the ability to make a verbatim record of material that is dictated pursuant to rules adopted by the supreme court.

3. Obtained a national court reporters association's registered professional reporter or registered merit reporter certificate.

4. Obtained a valid certificate to practice court reporting that is issued by a state other than this state if the other state's requirements and certifying examination are substantially similar to or more stringent than those in this state.

5. Demonstrated reasonable proficiency in making verbatim records of trial or judicial or other related proceedings by passing an approved examination for certification pursuant to rules adopted by the supreme court.

B. The examination for certification consists of the following two parts:

1. A national court reporters association's registered professional reporter examination, a national verbatim reporters association’s certified verbatim reporters association examination or an alternative demonstration of proficiency approved by the supreme court.

2. A written knowledge test of rules of the supreme court of Arizona and statutes of this state relating to court reporters.

C. The board shall review the content and subject matter of the examination and shall make changes as deemed necessary.

D. The supreme court shall specify a date and place for the examinations.

E. Pursuant to rules adopted by the supreme court, an applicant who presents proof of having passed an examination approved by the supreme court including a national court reporters association's registered professional reporter examination, a national court reporters association's registered merit reporter examination, a national verbatim reporters association’s certified verbatim reporters association examination or an alternative demonstration of proficiency approved by the supreme court and the test prescribed by subsection B, paragraph 2 may apply for certification without taking and passing the examination prescribed by subsection B, paragraph 1.

F. An applicant who fails to pass the examination prescribed by subsection B, paragraph 2 may apply for reexamination at any time.

G. An applicant shall be disqualified from taking any future examination if the board determines that the applicant engaged in fraud, dishonesty or corruption while taking the examination.
A.R.S. § 32-1686; Version 2 — Arizona Code / Title 32 / Chapter 15.1 / Article 2 / Section 1686; Version 2
32-1686; Version 2 Board of dispensing opticians fund
Status: in_force

32-1686. Board of dispensing opticians fund

(L24, Ch. 222, sec. 22.  Eff. 7/1/28)

A. Before the end of each month, pursuant to sections 35-146 and 35-147, the board shall deposit ten percent of all monies received by the board in the state general fund and deposit the remaining ninety percent in the board of dispensing opticians fund.

B. Monies deposited in the board of dispensing opticians fund are subject to section 35-143.01.
A.R.S. § 32-827 — Arizona Code / Title 32 / Chapter 7 / Article 2 / Section 827
32-827 Comity
Status: in_force

32-827. Comity

The board may issue a license to an applicant if the applicant has been licensed to practice podiatry in another state or country from which the applicant applies if:

1. The requirements in the other state or country, at the date of registration or licensing, were substantially equal to those then in force in this state.

2. The applicant has lawfully practiced podiatry in the other state or country for at least five years within the seven years immediately preceding the application for a license in this state.

3. The applicant complies with all other requirements set forth in this chapter for a license.
A.R.S. § 32-1853 — Arizona Code / Title 32 / Chapter 17 / Article 3 / Section 1853
32-1853 Use of title
Status: in_force

32-1853. Use of title

A person licensed under this chapter shall use the title "osteopathic physician and surgeon", "osteopathic physician" or "doctor of osteopathy" or affix the initials "D.O." after the licensee's name.
A.R.S. § 32-2556 — Arizona Code / Title 32 / Chapter 25 / Article 4 / Section 2556
32-2556 Human immunodeficiency virus; disclosure; immunity; definition
Status: in_force

32-2556. Human immunodeficiency virus; disclosure; immunity; definition

A. It is not an act of unprofessional conduct for a licensee to report to the department of health services the name of a patient's spouse, sex partner or person with whom the patient has shared hypodermic needles or syringes if the licensee knows that the patient tests positive for the human immunodeficiency virus and that the patient has not or will not notify these people and refer them to testing. Before reporting this information to the department of health services the licensee shall ask the patient to release this information voluntarily.

B. It is not an act of unprofessional conduct for a licensee who knows or who has reason to believe that a significant exposure has occurred between a patient who tests positive for the human immunodeficiency virus and a health care worker or a public safety employee to inform the worker or employee of the exposure. Before disclosing this information the licensee shall ask the patient to disclose this information voluntarily. If the patient does not agree to do this the licensee may disclose the information in a manner that does not identify the patient.

C. This section does not impose a duty to disclose information. A licensee is not subject to civil or criminal liability for either disclosing or not disclosing information.

D. If a licensee decides to make a disclosure pursuant to this section the licensee may request the department of health services to make the disclosure on the licensee's behalf.

E. For the purposes of this section, "significant exposure" means contact of a person's ruptured or broken skin or mucous membranes with another person's blood or body fluid, other than tears, saliva or perspiration, of a magnitude that the centers for disease control of the United States public health service have epidemiologically demonstrated can result in the transmission of the human immunodeficiency virus.
A.R.S. § 32-1828 — Arizona Code / Title 32 / Chapter 17 / Article 2 / Section 1828
32-1828 Education teaching permits
Status: in_force

32-1828. Education teaching permits

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

B. The chairman or dean of the inviting institution shall provide to the board evidence that an applicant for an educational permit has malpractice insurance in an amount that meets the requirements of that institution and that the applicant accepts all responsibility and liability for the procedures the applicant performs within the scope of the applicant's permit.

C. In a letter to the board, the chairman or dean of the inviting institution shall outline the procedures and techniques that the doctor of medicine will perform or demonstrate and the dates that this activity will occur. The letter shall also include a summary of the doctor of osteopathy's education and professional background and shall be accompanied by the fee required pursuant to this chapter.

D. The inviting institutions shall submit the fees and documents required pursuant to this section no later than two weeks before the scheduled activity.

E. The board through its staff shall issue an educational teaching permit for not more than five days for each approved activity.
A.R.S. § 32-551 — Arizona Code / Title 32 / Chapter 5 / Article 5 / Section 551
32-551 School licenses; applications; barbering school requirements; supervision; students
Status: in_force

32-551. School licenses; applications; barbering school requirements; supervision; students

A. A person is entitled to a license to operate a school if:

1. The person pays the prescribed fee.

2. The person furnishes a surety bond in the amount of $10,000 approved by the board and executed by a corporate bonding company authorized to do business in this state. The bond shall be for the benefit of and subject to the claims of the state for failure to comply with the requirements of this chapter and any student who fails to receive the full course of instruction required under this chapter.

3. The person submits to the board under oath an application for a school license on a form supplied by the board and other documentation required by the board in its rules.

4. The proposed school passes an inspection by the board before it opens.

B. A course of instruction in a licensed school that teaches barbering shall consist of at least one thousand two hundred hours of instruction.  The course of instruction shall include:

1. At least two hundred fifty hours devoted to the study of the fundamentals of barbering, hygiene, bacteriology, histology of the hair, skin, muscles and nerves, structure of the head, face and neck, elementary chemistry relating to sterilization and antiseptics and diseases of the skin, hair and glands.

2. At least nine hundred fifty hours devoted to the practice and study of massaging and manipulating muscles of the scalp, face and neck, haircutting, shaving and chemical work relating to permanent waves and hair straightening, coloring and bleaching.

C. A licensed school shall be operated under the general supervision of a licensed instructor.

D. Students may not teach other students at a licensed school.

E. A school that holds a school license in barbering and a school license in cosmetology may offer courses on both cosmetology and barbering if an instructor licensed as a cosmetologist teaches the cosmetology courses and an instructor licensed as a barber teaches the barbering courses.
A.R.S. § 32-2641 — Arizona Code / Title 32 / Chapter 26 / Article 4 / Section 2641
32-2641 Grounds for refusal to issue a security guard identification card or registration certificate; judicial review; good cause exceptions
Status: in_force

32-2641. Grounds for refusal to issue a security guard identification card or registration certificate; judicial review; good cause exceptions

A. Except as provided in subsection F of this section, the department may deny the issuance of an identification card to an applicant for a security guard registration certificate, an armed security guard registration certificate, a security guard training instructor registration certificate or a firearms safety training instructor registration certificate if the applicant:

1. Does not meet the requirements prescribed in section 32-2622 for the appropriate type of certificate.

2. Has committed any act that would be grounds for the suspension or revocation of a security guard registration pursuant to this chapter.

3. Has knowingly made any statement that is false in the application.

B. If the director determines that an applicant's criminal history contains open arrest information, the director shall:

1. Issue a notice to the applicant allowing forty-five days for the applicant to provide documentation concerning the disposition of the arrest or arrests.

2. Send to the applicant at the applicant's last known residential address sufficient information to assist the applicant in complying with the director's request under paragraph 1 of this subsection.

C. The denial of the issuance of a registration certificate under this article shall be in writing and shall describe the basis for the denial. The denial notice shall inform the applicant that if the applicant desires a hearing by the board to contest the denial the applicant shall submit the request in writing to the department within thirty calendar days after service of the denial notice.  Service is complete on the mailing of the denial to the address listed on the application.

D. Except as provided in section 41-1092.08, subsection H, final decisions of the director are subject to judicial review pursuant to title 12, chapter 7, article 6.

E. If an applicant is denied a registration certificate, the applicant may petition the board for a good cause exception.

F. If the board granted an applicant for a security guard registration certificate, an armed security guard registration certificate, a security guard training instructor registration certificate or a firearms safety training instructor registration certificate a good cause exception pursuant to section 32-2609, the department may not deny the person's renewal application based on factors already reviewed by the board when granting the good cause exception.
A.R.S. § 32-1204 — Arizona Code / Title 32 / Chapter 11 / Article 1 / Section 1204
32-1204 Removal from office
Status: in_force

32-1204. Removal from office

The governor may remove a member of the board for persistent neglect of duty, incompetency, unfair, biased, partial or dishonorable conduct, or gross immorality. Conviction of a felony or revocation of the dental license of a member of the board shall ipso facto terminate his membership.
A.R.S. § 32-1458 — Arizona Code / Title 32 / Chapter 13 / Article 3 / Section 1458
32-1458 Reinstatement of revoked or surrendered license
Status: in_force

32-1458. Reinstatement of revoked or surrendered license

A. On written application, the board may issue a new license to a physician whose license was previously revoked by the board or surrendered by the applicant if the applicant demonstrates to the board's satisfaction that the applicant is completely rehabilitated with respect to the conduct that was the basis for the revocation or the surrender. In making its decision, the board shall determine:

1. That the applicant has not engaged in any conduct during the revocation or surrender period that would have constituted a basis for revocation pursuant to section 32-1451.

2. If a criminal conviction was a basis of the revocation or surrender, that the applicant's civil rights have been fully restored pursuant to statute or any other applicable recognized judicial or gubernatorial order.

3. That the applicant has made restitution to any aggrieved person as ordered by a court of competent jurisdiction.

4. That the applicant demonstrates any other standard of rehabilitation the board determines is appropriate.

B. Except as provided in subsection C of this section, a person shall not submit an application for reinstatement less than five years after the date of revocation or surrender.

C. The board shall vacate its previous order to revoke a license if that revocation was based on a conviction of a felony or an offense involving moral turpitude and that conviction has been reversed on appeal. The physician may submit an application for reinstatement as soon as the court enters the reversal.

D. An applicant for reinstatement shall comply with all licensing requirements prescribed by this chapter.
A.R.S. § 32-1451.03 — Arizona Code / Title 32 / Chapter 13 / Article 3 / Section 1451.03
32-1451.03 Complaints; requirements; confidentiality; exception
Status: in_force

32-1451.03. Complaints; requirements; confidentiality; exception

A. The board shall not act on its own motion or on any complaint received by the board in which an allegation of unprofessional conduct or any other violation of this chapter against a professional who holds an Arizona license occurred more than four years before the complaint is received by the board.  The time limitation does not apply to:

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

2. A board's consideration of the specific unprofessional conduct related to a licensee's failure to disclose conduct or a violation as required by law.

B. If a complainant wishes to have the complainant's identifying information withheld from the physician against whom the allegation of unprofessional conduct is being made, the board shall enter into a written agreement with the complainant stating that the complainant's identifying information will not be provided to the physician against whom the allegation of unprofessional conduct is being made to the extent consistent with the administrative appeals process.  The board shall post this policy on the board's website where a person would submit a complaint online.

C. The board shall not open an investigation if identifying information regarding the complainant is not provided.
A.R.S. § 32-2185.09 — Arizona Code / Title 32 / Chapter 20 / Article 4 / Section 2185.09
32-2185.09 Civil penalties; limitation
Status: in_force

32-2185.09. Civil penalties; limitation

A. A subdivider or agent who is subject to the jurisdiction of the department, who violates this chapter or any rule adopted or order issued by the commissioner or who engages in any unlawful practices defined in section 44-1522 with respect to the sale or lease of subdivided lands may be assessed a civil penalty by the commissioner, after a hearing, in an amount not to exceed $2,000 for each infraction. An infraction that concerns more than one lot in a subdivision is a single infraction for the purposes of this section.

B. A proceeding for imposition of a civil penalty or for suspension or revocation of a license for a violation of this article or any rule adopted or order issued by the commissioner must be commenced within five years of actual discovery by the department or discovery that should have occurred with the exercise of reasonable diligence by the department.

C. A subdivider who sells or leases in this state any lots, parcels or fractional interest in a subdivision without first obtaining a public report from the commissioner except as provided in section 32-2181.01 or  32-2181.02 for a lot or lots created from and after December 31, 2008 and on an order issued by the commissioner may be assessed a civil penalty by the commissioner, after a hearing, in an amount not to exceed $5,000 for each infraction.  A proceeding for the imposition of a civil penalty or suspension or revocation of a license for a violation of this subsection or any rule adopted or order issued by the commissioner must be commenced within five years after actual discovery by the department or discovery that should have occurred with the exercise of reasonable diligence by the department.
A.R.S. § 32-2195.01 — Arizona Code / Title 32 / Chapter 20 / Article 7 / Section 2195.01
32-2195.01 Power of commissioner to exempt certain unsubdivided land by special order
Status: in_force

32-2195.01. Power of commissioner to exempt certain unsubdivided land by special order

A. In his discretion the commissioner may exempt by special order from any one or all of the provisions of this article certain unsubdivided land on written petition and on a showing by the petitioner, satisfactory to the commissioner, that compliance with this article is not essential to the public interest or for the protection of buyers by reason of the special characteristics of the unsubdivided land or the limited character and duration of the offer for sale, lease or financing.

B. The special order pursuant to this section shall relate to specific land.

C. A petition filed under this section shall be accompanied by an initial fee of one hundred dollars. The fees are not returnable irrespective of the nature of the action taken on the petition.
A.R.S. § 32-741.02 — Arizona Code / Title 32 / Chapter 6 / Article 3 / Section 741.02
32-741.02 Suspension for noncompliance with continuing education requirements; expiration of certificate
Status: in_force

32-741.02. Suspension for noncompliance with continuing education requirements; expiration of certificate

A. After notice and an opportunity for a hearing, the board shall suspend the certificate of any registrant who fails to show proof of compliance with the continuing professional education requirements established by the board pursuant to section 32-730.

B. A registrant whose certificate is suspended shall not assume or use the CPA designation while the registrant's certificate remains on suspended status.

C. A suspension issued under this section is vacated when the board has determined that the registrant has complied with the continuing professional education requirements and has satisfied all other requirements for renewal.

D. If the registrant fails to meet the requirements of subsection C of this section within six months after the date of suspension, the certificate expires.
A.R.S. § 32-3653 — Arizona Code / Title 32 / Chapter 36 / Article 4 / Section 3653
32-3653 Property tax agent conduct
Status: in_force

32-3653. Property tax agent conduct

A property tax agent:

1. Shall not knowingly misrepresent any information or act in a fraudulent manner.

2. Shall not prepare documents or provide evidence in a property valuation or legal classification appeal unless the agent is authorized by the property owner to do so and any required agency authorization form has been filed.

3. Shall not knowingly submit false or erroneous information in a property valuation or legal classification appeal.

4. Shall use appraisal standards and methods that are adopted by the deputy director when the agent submits appraisal information in a property valuation or legal classification appeal.
A.R.S. § 32-3666 — Arizona Code / Title 32 / Chapter 36 / Article 5 / Section 3666
32-3666 Consent to service of process
Status: in_force

32-3666. Consent to service of process

Each entity applying for registration as an appraisal management company shall complete and execute an irrevocable consent to service of process form as prescribed by the deputy director.
A.R.S. § 32-1362 — Arizona Code / Title 32 / Chapter 12 / Article 3 / Section 1362
32-1362 Enucleation of eyes by licensed embalmers
Status: in_force

32-1362. Enucleation of eyes by licensed embalmers

An embalmer who is licensed in this state may enucleate the eyes of a dead human body for the purposes specified in and pursuant to title 36, chapter 7, article 3 if the embalmer has completed a course in eye enucleation approved by the Arizona medical board.
A.R.S. § 32-1276.04 — Arizona Code / Title 32 / Chapter 11 / Article 3.1 / Section 1276.04
32-1276.04 Dental therapists; clinical practice; supervising dentists; written collaborative practice agreements
Status: in_force

32-1276.04. Dental therapists; clinical practice; supervising dentists; written collaborative practice agreements

A. A dental therapist may practice only in the following practice settings or locations, including mobile dental units, that are operated or served by any of the following:

1. A federally qualified community health center.

2. A health center program that has received a federal look-alike designation.

3. A community health center.

4. A nonprofit dental practice or a nonprofit organization that provides dental care to low-income and underserved individuals.

5. A private dental practice that provides dental care for community health center patients of record who are referred by the community health center.

B. A dental therapist may practice in this state either under the direct supervision of a dentist or pursuant to a written collaborative practice agreement.  Before a dental therapist may enter into a written collaborative practice agreement, the dental therapist shall complete one thousand hours of dental therapy clinical practice under the direct supervision of a dentist who is licensed in this state and shall provide documentation satisfactory to the board of having completed this requirement.

C. A practicing dentist who holds an active license pursuant to this chapter and a licensed dental therapist who holds an active license pursuant to this article may enter into a written collaborative practice agreement for the delivery of dental therapy services.  The supervising dentist shall provide or arrange for another dentist or specialist to provide any service needed by the dental therapist's patient that exceeds the dental therapist's authorized scope of practice.

D. A dentist may not enter into more than four separate written collaborative practice agreements for the delivery of dental therapy services.

E. A written collaborative practice agreement between a dentist and a dental therapist shall do all of the following:

1. Address any limit on services and procedures to be performed by the dental therapist, including types of populations and any age-specific or procedure-specific practice protocol, including case selection criteria, assessment guidelines and imaging frequency.

2. Address any limit on practice settings established by the supervising dentist and the level of supervision required for various services or treatment settings.

3. Establish practice protocols, including protocols for informed consent, recordkeeping, managing medical emergencies and providing care to patients with complex medical conditions, including requirements for consultation before initiating care.

4. Establish protocols for quality assurance, administering and dispensing medications and supervising dental assistants.

5. Include specific protocols to govern situations in which the dental therapist encounters a patient requiring treatment that exceeds the dental therapist's authorized scope of practice or the limits imposed by the collaborative practice agreement.

6. Specify that the extraction of permanent teeth may be performed only under the direct supervision of a dentist and consistent with section 32-1276.03, subsection B, paragraph 14.

F. Except as provided in section 32-1276.03, subsection B, paragraph 14, to the extent authorized by the supervising dentist in the written collaborative practice agreement, a dental therapist may practice dental therapy procedures authorized under this article in a practice setting in which the supervising dentist is not on-site and has not previously examined the patient or rendered a diagnosis.

G. The written collaborative practice agreement must be signed and maintained by both the supervising dentist and the dental therapist and may be updated and amended as necessary by both the supervising dentist and dental therapist.  The supervising dentist and dental therapist shall submit a copy of the agreement and any amendment to the agreement to the board.
A.R.S. § 32-3613 — Arizona Code / Title 32 / Chapter 36 / Article 2 / Section 3613
32-3613 Application and qualification requirements for licensure
Status: in_force

32-3613. Application and qualification requirements for licensure

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

B. Persons filing for licensure shall meet the minimum criteria for licensure established by the deputy director under section 32-3605, subsection B, paragraph 3.

C. A person may not be a state-licensed appraiser unless the person has achieved a passing grade on the national examination approved by the appraiser qualifications board.
A.R.S. § 32-2195.12 — Arizona Code / Title 32 / Chapter 20 / Article 7 / Section 2195.12
32-2195.12 Recording of actions
Status: in_force

32-2195.12. Recording of actions

A. Whenever the commissioner issues a cease and desist order, obtains a court order enjoining further sales, issues an order of prohibition or suspends approval of an unsubdivided lands public report, the action shall be recorded in the book of deeds in the office of the county recorder in any county in which the unsubdivided property is located and include the legal description of the affected land.  The commissioner shall also provide notice of the order or suspension to all affected parties with an ownership interest of record in any lot, parcel or fractional interest, in the unsubdivided property within ten business days of issuing the order or suspension.

B. In the event of a revocation of any of the orders which require recording in subsection A, an order of release shall be recorded in the same manner within ten business days.
A.R.S. § 32-3311 — Arizona Code / Title 32 / Chapter 33 / Article 7 / Section 3311
32-3311 Licensed marriage and family therapist; licensure; qualifications
Status: in_force

32-3311. Licensed marriage and family therapist; licensure; qualifications

A. A person who wishes to be licensed by the board to engage in the practice of marriage and family therapy as a licensed marriage and family therapist shall furnish documentation as prescribed by the board by rule that the person has:

1. Earned a master's or doctoral degree in behavioral science, including, but not limited to, marriage and family therapy, psychology, sociology, counseling and social work, granted by a regionally accredited college or university in a program accredited by the commission on accreditation for marriage and family therapy education or a degree based on a program of study that the board determines is substantially equivalent.

2. Completed one thousand six hundred hours of post-master's degree experience in at least twenty-four months in the practice of marriage and family therapy under supervision that meets the requirements prescribed by the board by rule. For the direct client contact hours, not more than four hundred hours may be in psychoeducation. The one thousand six hundred hours must consist of direct client contact and include at least one thousand hours of clinical experience with couples and families and at least one hundred hours of clinical supervision as prescribed by the board by rule.

3. Passed an examination approved by the board.

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

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

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

B. The curriculum for the master's or doctoral degree in behavioral science accepted by the board pursuant to subsection A, paragraph 1 of this section shall include a specified number of graduate courses as prescribed by the board by rule and shall be consistent with national standards of marriage and family therapy. Part of this course of study may be taken in a post-master's degree program as approved by the board.

C. The one thousand hours of clinical experience required by subsection A, paragraph 2 of this section may include one year in an approved marriage and family doctoral internship program.
A.R.S. § 32-596 — Arizona Code / Title 32 / Chapter 5 / Article 7 / Section 596
32-596 Effective date and amendment of compact; withdrawal of member state
Status: in_force

32-596. Effective date and amendment of compact; withdrawal of member state

A. This compact is effective on the date on which this compact is enacted into law in the seventh member state.

B. On or after the effective date of this compact, the commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each such charter member state is materially different than the model compact statute.

C. A charter member state whose enactment is found to be materially different from the model compact statute is entitled to the default process set forth in section 32-595.

D. If any member state is later found to be in default or is terminated or withdraws from this compact, the commission remains in existence and this compact remains in effect even if the number of member states is less than seven.

E. Member states enacting the compact subsequent to the charter member states are subject to the process set forth pursuant to section 32-588, subsection H, paragraph 24 to determine whether their enactments are materially different from the model compact language and whether they qualify for participation in the compact.

F. All actions taken for the commission's benefit or in furtherance of the purposes of the administration of this compact before the effective date of this compact or the effective date of the commission coming into existence are considered to be actions of the commission unless specifically repudiated by the commission.

G. A state that joins this compact is subject to the commission's rules and bylaws as they exist on the date on which this compact becomes law in that state.  A rule that has been previously adopted by the commission shall have the full force and effect of law on the day this compact becomes law in that state.

H. A member state may withdraw from this compact by enacting a statute repealing that state's enactment of this compact. A member state's withdrawal does not take effect until one hundred eighty days after enactment of the repealing statute.  Withdrawal does not affect the continuing requirement of the withdrawing state's state licensing authority to comply with the investigative and adverse action reporting requirements of this compact before the effective date of withdrawal.  On the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of the withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, the withdrawing state shall continue to recognize all licenses granted pursuant to this compact for at least one hundred eighty days after the date of the notice of withdrawal.

I. This compact does not invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with this compact.

J. This compact may be amended by the member states.  An amendment to this compact does not become effective and binding on any member state until it is enacted into the laws of all member states.
A.R.S. § 32-2194.26 — Arizona Code / Title 32 / Chapter 20 / Article 6 / Section 2194.26
32-2194.26 Initial deposit required in endowment-care fund
Status: in_force

32-2194.26. Initial deposit required in endowment-care fund

No corporation hereafter organized for the operation of a perpetual or endowed-care cemetery nor any owner of a cemetery not previously operating as a perpetual or endowed-care cemetery shall advertise or sell plots in such cemetery under the representation that the cemetery or any individual plot therein is entitled to perpetual or endowed care until there has been established an irrevocable trust fund to provide for such care in accordance with the following schedule:

1. Cemeteries located in an area having a population of less than ten thousand persons within a radius of fifteen miles from the center of such cemetery must deposit with the trustee the sum of ten thousand dollars in cash.

2. Cemeteries located in an area having a population of ten thousand or more persons but less than fifteen thousand persons within a radius of fifteen miles from the center of such cemetery must deposit with the trustee the sum of fifteen thousand dollars in cash.

3. Cemeteries located in an area having a population of fifteen thousand or more persons but less than twenty-five thousand persons within a radius of fifteen miles from the center of such cemetery must deposit with the trustee the sum of twenty thousand dollars in cash.

4. Cemeteries located in an area having a population of twenty-five thousand or more persons, but less than fifty thousand persons within a radius of fifteen miles from the center of such cemetery must deposit with the trustee the sum of thirty thousand dollars in cash.

5. Cemeteries located in an area having a population of fifty thousand or more persons within a radius of fifteen miles from the center of such cemetery must deposit with the trustee the sum of fifty thousand dollars in cash.
A.R.S. § 32-1397 — Arizona Code / Title 32 / Chapter 12 / Article 6 / Section 1397
32-1397 Nontransferability of crematory licenses; change of ownership; interim permit; definition
Status: in_force

32-1397. Nontransferability of crematory licenses; change of ownership; interim permit; definition

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

B. If a change of ownership of a crematory occurs, the licensee shall notify the department in writing and shall surrender the license to the department within twenty days after the change of ownership. The new owner shall also notify the department in writing within twenty days after the change of ownership and shall submit an initial application for a crematory license to the department pursuant to section 32-1395.

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

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

2. The crematory continues to meet the requirements of section 32-1394.

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

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

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

G. For the purposes of this section, "regular business hours" means between the hours of 8:00 a.m. and 5:00 p.m. on any day of the week other than Saturday, Sunday or any other legal holiday or a day on which the department is authorized or obligated by law or executive order to close.
A.R.S. § 32-2181.01 — Arizona Code / Title 32 / Chapter 20 / Article 4 / Section 2181.01
32-2181.01 Power of commissioner to exempt certain subdivisions or fractional interests by special order
Status: in_force

32-2181.01. Power of commissioner to exempt certain subdivisions or fractional interests by special order

A. The commissioner may in his discretion by special order exempt from any one or all of the provisions of this article certain subdivided lands or fractional interests therein upon written petition and upon a showing by the petitioner, satisfactory to the commissioner, that compliance with the provisions of this article is not essential to the public interest or for the protection of buyers by reason of the special characteristics of the subdivided lands or fractional interests therein or the limited character and duration of the offer for sale, lease or financing or the special characteristics or limited number of fractional interests.

B. Special orders issued pursuant to this section shall relate to specific lands or specific fractional interests.

C. A petition filed under this section shall be accompanied by an initial fee of one hundred dollars. No fees shall be returnable irrespective of the nature of the action upon the petition.
A.R.S. § 32-3248 — Arizona Code / Title 32 / Chapter 32 / Article 4 / Section 3248
32-3248 Health professionals; controlled substances; initial prescriptions; limits; exceptions; definition
Status: in_force

32-3248. Health professionals; controlled substances; initial prescriptions; limits; exceptions; definition

A. A health professional who is authorized under this title to prescribe controlled substances shall limit the initial prescription for a patient for a schedule II controlled substance that is an opioid to not more than a five-day supply, except that an initial prescription for a schedule II controlled substance that is an opioid following a surgical procedure is limited to not more than a fourteen-day supply.

B. Subsection A of this section does not apply to initial prescriptions if the patient:

1. Has an active oncology diagnosis.

2. Has a traumatic injury, not including a surgical procedure.

3. Is receiving hospice care.

4. Is receiving end-of-life care.

5. Is receiving palliative care.

6. Is receiving skilled nursing facility care.

7. Is receiving treatment for burns.

8. Is receiving medication-assisted treatment for a substance use disorder.

9. Is an infant who is being weaned off opioids at the time of hospital discharge.

C. If a health professional's prescribing authority under the relevant chapter of this title for schedule II controlled substances is more restrictive than the limit specified in subsection A of this section, the health professional's prescribing authority under the relevant chapter of this title applies.

D. An initial prescription for a schedule II controlled substance that is an opioid that is written for more than a five-day supply is deemed to meet the requirements of an exemption under this section when the initial prescription is presented to the dispenser. A pharmacist is not required to verify with the prescriber whether the initial prescription complies with this section.

E. For the purposes of this section, "initial prescription" means a prescription for a schedule II controlled substance that is an opioid that has not covered any portion of the past sixty days before the date the pharmacy dispenses the current prescription as evidenced by the controlled substances prescription monitoring program's central database tracking system.
A.R.S. § 32-1560 — Arizona Code / Title 32 / Chapter 14 / Article 3 / Section 1560
32-1560 Rules; treatment procedures; students; direct supervision
Status: in_force

32-1560. Rules; treatment procedures; students; direct supervision

A. The board by rule may prescribe naturopathic medical treatment procedures that naturopathic medical students may perform under the direct supervision of a physician licensed under this chapter if the board determines that these procedures:

1. May be competently performed by the student.

2. Do not exceed the procedures that the supervising physician has been licensed by this state to perform.

B. A naturopathic medical student may do clerical tasks without direct supervision if the tasks do not involve diagnosing or treating a patient's condition.
A.R.S. § 32-557 — Arizona Code / Title 32 / Chapter 5 / Article 5 / Section 557
32-557 Students; services for the public; notice; salary prohibited; price list
Status: in_force

32-557. Students; services for the public; notice; salary prohibited; price list

A. Students of a licensed school may render services to the public only under the direct supervision of a licensed instructor.

B. The following notice shall be posted in a conspicuous place within the school in letters large enough to be read across the length of the room: "School of (type of board-licensed school) — work done exclusively by students under the direct supervision of a licensed instructor."

C. A student in a school shall not receive a salary or commission from the school for any barbering, cosmetology, aesthetics, nail technology or hairstyling services while enrolled in the school as a student.  A student who is enrolled in a school for the purpose of becoming an instructor may be a paid employee of the school.

D. A school shall post a price list for services rendered to the public that is large enough to be easily read from a distance of ten feet.
A.R.S. § 32-851 — Arizona Code / Title 32 / Chapter 7 / Article 3 / Section 851
32-851 Practicing podiatry without license prohibited
Status: in_force

32-851. Practicing podiatry without license prohibited

It is unlawful for a person to practice podiatry, or to hold himself out to be or assume or attempt to act as a podiatrist, without a valid unrevoked license to practice podiatry.
A.R.S. § 32-1276.03 — Arizona Code / Title 32 / Chapter 11 / Article 3.1 / Section 1276.03
32-1276.03 Practice of dental therapy; authorized procedures; supervision requirements; restrictions
Status: in_force

32-1276.03. Practice of dental therapy; authorized procedures; supervision requirements; restrictions

A. A person is deemed to be a practicing dental therapist if the person does any of the acts or performs any operations included in the general practice of dental therapists or dental therapy or any related and associated duties.

B. Either under the direct supervision of a dentist or pursuant to a written collaborative practice agreement, a licensed dental therapist may do any of the following:

1. Perform oral evaluations and assessments of dental disease and formulate individualized treatment plans.

2. Perform comprehensive charting of the oral cavity.

3. Provide oral health instruction and disease prevention education, including motivational interviewing, nutritional counseling and dietary analysis.

4. Expose and process dental radiographic images.

5. Perform dental prophylaxis, scaling, root planing and polishing procedures.

6. Dispense and administer oral and topical nonnarcotic analgesics and anti-inflammatory and antibiotic medications as prescribed by a licensed health care provider.

7. Apply topical preventive and prophylactic agents, including fluoride varnishes, antimicrobial agents, silver diamine fluoride and pit and fissure sealants.

8. Perform pulp vitality testing.

9. Apply desensitizing medicaments or resins.

10. Fabricate athletic mouth guards and soft occlusal guards.

11. Change periodontal dressings.

12. Administer nitrous oxide analgesics and local anesthetics.

13. Perform simple extraction of erupted primary teeth.

14. Perform nonsurgical extractions of periodontally diseased permanent teeth that exhibit plus three or grade three mobility and that are not impacted, fractured, unerupted or in need of sectioning for removal.

15. Perform emergency palliative treatments of dental pain that is related to care or a service described in this section.

16. Prepare and place direct restorations in primary and permanent teeth.

17. Fabricate and place single-tooth temporary crowns.

18. Prepare and place preformed crowns on primary teeth.

19. Perform indirect and direct pulp capping on permanent teeth.

20. Perform indirect pulp capping on primary teeth.

21. Perform suturing and suture removal.

22. Provide minor adjustments and repairs on removable prostheses.

23. Place and remove space maintainers.

24. Perform all functions of a dental assistant and expanded function dental assistant.

25. Perform other related services and functions that are authorized by the supervising dentist within the dental therapist's scope of practice and for which the dental therapist is trained.

26. Provide referrals.

27. Perform any other duties of a dental therapist that are authorized by the board by rule.

C. A dental therapist may not:

1. Dispense or administer a narcotic drug.

2. Independently bill for services to any individual or third-party payor.

D. A person may not claim to be a dental therapist unless that person is licensed as a dental therapist under this article.
A.R.S. § 32-1723 — Arizona Code / Title 32 / Chapter 16 / Article 2 / Section 1723
32-1723 Licensure by endorsement
Status: in_force

32-1723. Licensure by endorsement

The board shall waive the written examination requirements of this chapter if all of the following are true:

1. The applicant submits a license or a certified copy of a license to practice optometry issued by the regulatory board of another jurisdiction of the United States that has licensure requirements that the board determines meet or exceed the requirements of this chapter.

2. The license of the applicant has not been suspended or revoked by any other licensing jurisdiction of the United States for any cause that is a ground for suspension or revocation of a license under this chapter.

3. The applicant has been engaged in the practice of the profession of optometry continuously in the other licensing jurisdiction or in a United States military branch of service for not less than four of the five years immediately preceding the application.

4. The information provided by national data banks designated by the board has successfully verified the applicant.
A.R.S. § 32-3123 — Arizona Code / Title 32 / Chapter 31 / Article 2 / Section 3123
32-3123 Board delegation; executive director
Status: in_force

32-3123. Board delegation; executive director

Notwithstanding any other provision of this title, a health profession regulatory board may grant authority to the board's executive director to issue and approve licenses, certifications, registrations, preceptorships, reinstatements or waivers to an applicant or licensee who meets all of the following requirements:

1. Fulfills all requirements of the applicable chapter under this title for licensure, certification, registration, preceptorship, reinstatement or waivers.

2. Has not had a license suspended or revoked by a health profession regulatory board in this or any other jurisdiction.

3. Is not currently under investigation by a health profession regulatory board in this or any other jurisdiction.

4. Has not surrendered a license in lieu of disciplinary action by a health profession regulatory board in this or any other jurisdiction.

5. Has not engaged in any criminal or civil conduct that could be considered unprofessional conduct.

6. Has no disciplinary action on a license issued by a health profession regulatory board in this or any other jurisdiction.
A.R.S. § 32-3104 — Arizona Code / Title 32 / Chapter 31 / Article 1 / Section 3104
32-3104 Health professional groups; written report; legislative informational hearings; proposed legislation
Status: in_force

32-3104. Health professional groups; written report; legislative informational hearings; proposed legislation

A. A health professional group shall submit a written report explaining the factors prescribed in section 32-3105 to the president of the senate and the speaker of the house of representatives. The report shall be submitted on or before November 1 before the start of the legislative session for which the legislation is proposed, and the health professional group may request informational hearings pursuant to this section. The president of the senate or the speaker of the house of representatives shall assign the written report to the health committee of the house of representatives and the health and human services committee of the senate, or their respective successor committees, and the legislative committees may conduct informational hearings on the written report before the legislative session convenes.  The report may be amended after it has been filed but before any hearing on the report. The committees shall study the written report and may take public comment on the report at the informational hearings but shall not vote whether to accept or reject the report filed by the health professional group. A health professional group may seek to introduce legislation in the legislative session regardless of comments, if any, from the informational hearings.

B. If a health professional group's report is not heard by a legislative committee pursuant to subsection A of this section, the health professional group may seek to have legislation introduced in the legislative session for certification, registration or licensure.  The lack of a hearing shall not be considered as either support or rejection of the health professional group's proposed legislation.

C. Unless there is a material change in the proposed certification, registration or licensure, a health professional group is not required to refile a report if the health professional group filed the report within the previous five years.  On or before November 1, the health professional group shall notify in writing the speaker of the house of representatives, the president of the senate and the chairpersons of the respective health committees if the health professional group intends to pursue the proposed certification, registration or licensure during the next legislative session and shall reference the specific report that was previously filed on which the health professional group is relying.
A.R.S. § 32-3905; Version 2 — Arizona Code / Title 32 / Chapter 39 / Article 1 / Section 3905; Version 2
32-3905; Version 2 Acupuncture board of examiners fund
Status: in_force

32-3905. Acupuncture board of examiners fund

(L24, Ch. 222, sec. 48.  Eff. 7/1/28)

A. The acupuncture board of examiners fund is established consisting of fees collected pursuant to section 32-3927. The board shall administer the fund. Pursuant to sections 35-146 and 35-147, the board shall deposit ten percent of all monies collected under this chapter in the state general fund and deposit the remaining ninety percent in the acupuncture board of examiners fund.

B. Monies deposited in the acupuncture board of examiners fund are subject to section 35-143.01.
A.R.S. § 32-1262 — Arizona Code / Title 32 / Chapter 11 / Article 3 / Section 1262
32-1262 Corporate practice; display of name and license receipt or license; duplicate licenses; fee
Status: in_force

32-1262. Corporate practice; display of name and license receipt or license; duplicate licenses; fee

A. It is lawful to practice dentistry as a professional corporation or professional limited liability company.

B. It is lawful to practice dentistry as a business organization if the business organization is registered as a business entity pursuant to this chapter.

C. It is lawful to practice dentistry under a name other than that of the licensed practitioners if the name is not deceptive or misleading.

D. If practicing as a professional corporation or professional limited liability company, the name and address of record of the dentist owners of the practice shall be conspicuously displayed at the entrance to each owned location.

E. If practicing as a business organization that is registered as a business entity pursuant to section 32-1213, the receipt for the current registration period must be conspicuously displayed at the entrance to each place of practice.

F. A licensee's receipt for the current licensure period shall be displayed in the licensee's place of practice in a manner that is always readily observable by patients or visitors and shall be exhibited to members of the board or to duly authorized agents of the board on request. The receipt for the licensure period immediately preceding shall be kept on display until replaced by the receipt for the current period. During the year in which the licensee is first licensed and until the receipt for the following period is received, the license shall be displayed in lieu of the receipt.

G. If a dentist maintains more than one place of practice, the board may issue one or more duplicate licenses or receipts on payment of a fee fixed by the board not exceeding twenty-five dollars for each duplicate.

H. If a licensee legally changes the licensee's name from that in which the license was originally issued, the board, on satisfactory proof of the change and surrender of the original license, if obtainable, may issue a new license in the new name and shall charge the established fee for duplicate licenses.
A.R.S. § 32-2186 — Arizona Code / Title 32 / Chapter 20 / Article 5 / Section 2186
32-2186 Real estate recovery fund; liability limits; definitions
Status: in_force

32-2186. Real estate recovery fund; liability limits; definitions

A. The commissioner shall establish and maintain a real estate recovery fund for the benefit of any person aggrieved by any act, representation, transaction or conduct of a licensed real estate or cemetery broker or real estate or cemetery salesperson that violates this chapter or the rules adopted pursuant to this chapter.  The fund shall only pay for a loss that is an actual and direct out-of-pocket loss to the aggrieved person directly arising out of the real estate or cemetery transaction, including reasonable attorney fees and court costs, in which the licensee either:

1. Performed acts that required a real estate or cemetery license pursuant to this chapter.

2. Engaged in fraud or misrepresentation while acting as a principal in the purchase or sale of real property and the aggrieved person relied on the broker's or salesperson's licensed status.

B. The fund's liability shall not exceed:

1. Thirty thousand dollars for each transaction, regardless of the number of persons aggrieved or the number of licensees or parcels of real estate involved.

2. Ninety thousand dollars for each licensee.

C. The liability of the fund for the acts of a licensed real estate or cemetery broker or real estate or cemetery salesperson is terminated upon the issuance of orders authorizing payments from the fund in an aggregate amount as prescribed by subsection B of this section.

D. A licensee acting as a principal or agent in a real estate transaction has no claim against the fund, including marital communities, corporations, limited liability companies and partnerships in which the licensee is a principal, member, general partner, officer or director, or those entities in which the licensee holds a direct or indirect interest of at least ten per cent.

E. The fund is liable to pay only against the license of a natural person, not on that of a corporation, a partnership or any other fictitious entity.

F. The fund is liable to pay only for damages arising out of a transaction in which the defendant licensee performed acts for which a real estate or cemetery license was required or when the defendant licensee, while acting as principal in the purchase or sale of real property, engaged in fraud or misrepresentation and the aggrieved person was harmed due to reliance on the defendant's licensed status.

G. The fund is not liable for damages or losses resulting from or caused by:

1. Speculation, including lost profits and other unrealized losses.

2. Transactions for property that is located outside of this state.

3. Loans, notes, limited partnerships or other securities, regardless of whether the loss was caused by an investment in or was secured by real property.

4. A judgment entered against a bonding company if the bonding company is not a principal in the underlying real estate transaction.

5. A tenant's conduct or neglect.

6. Vandalism.

7. Natural causes.

8. Punitive damages.

9. Postjudgment interest.

10. Undocumented transactions or losses.

H. In this article, unless the context otherwise requires:

1. "Judgment" means either:

(a) A final judgment in a court of competent jurisdiction.

(b) A criminal restitution order issued pursuant to section 13-603 or 18 United States Code section 3663.

(c) An arbitration award that includes findings of fact and conclusions of law, that has been confirmed and reduced to judgment pursuant to section 12-133 and that was rendered according to title 12 and the rules of the American arbitration association or another recognized arbitration body.

2. "Judgment debtor" means any defendant under this article who is the subject of a judgment.
A.R.S. § 32-3423 — Arizona Code / Title 32 / Chapter 34 / Article 2 / Section 3423
32-3423 Application for licensure; qualifications
Status: in_force

32-3423. Application for licensure; qualifications

A. An applicant for licensure as an occupational therapist or as an occupational therapy assistant shall:

1. Successfully complete the academic and fieldwork requirements of an educational program subject to board review and standards prescribed by the board.  The board shall require:

(a) For an occupational therapist, a minimum of nine hundred twenty-eight hours of supervised fieldwork experience as determined by the supervising institution, organization or sponsor.

(b) For an occupational therapy assistant, a minimum of six hundred eight hours of supervised fieldwork experience as determined by the supervising institution, organization or sponsor.

2. Pass an examination administered pursuant to section 32-3424.

3. Complete the application process and pay all fees required pursuant to this chapter.

B. The board may deny a license to an applicant who:

1. Commits a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude.  In either case conviction by a court of competent jurisdiction is conclusive evidence of the commission.

2. Engages in any conduct that violates section 32-3401.

C. An applicant who is denied a license may request a hearing pursuant to title 41, chapter 6, article 10.
A.R.S. § 32-106.02 — Arizona Code / Title 32 / Chapter 1 / Article 1 / Section 106.02
32-106.02 Authority to investigate; civil penalties
Status: in_force

32-106.02. Authority to investigate; civil penalties

A. The board may initiate a hearing pursuant to title 41, chapter 6, article 10 on receipt of a complaint that a person who is not exempt from this chapter and is not registered or certified under this chapter is practicing, offering to practice or by implication purporting to be qualified to practice any board regulated profession or occupation.  The board shall give notice of the hearing by mailing a copy of the complaint to the person's last known address by certified mail return receipt requested.

B. If after the hearing the board determines that based on the evidence the person committed a violation under section 32-145, it, in addition to any other sanction, action or remedy, shall issue an order that imposes a civil penalty of no more than two thousand dollars per violation.

C. In determining the amount of the civil penalty it imposes, the board shall consider:

1. The seriousness of the violation.

2. The economic benefit to the violator that was generated by the violator's commission of the violation.

3. The violator's history of violations.

4. Any other considerations the board deems appropriate.

D. Except as provided in section 41-1092.08, subsection H, a person may seek judicial review of a final administrative decision made or order issued pursuant to this section pursuant to title 12, chapter 7, article 6.

E. If a person fails to pay a civil penalty that the board imposes within thirty days after the board issues the order or if the order is stayed pending appeal within ten days after the court enters a final judgment in favor of the board, the board shall notify the attorney general. The attorney general may commence a civil action to recover the penalty.

F. An action to enforce an order that was issued under this section may be combined with a petition for injunction under section 32-106.01.

G. The board shall deposit, pursuant to sections 35-146 and 35-147, all civil penalties collected under this section in the state general fund.