reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1646 - Licensed nursing assistants; certified nursing assistants; board powers

32-1646.
Licensed nursing assistants;  certified nursing assistants;  board powers
A. In the regulation of licensed nursing assistants,  the board may:
1. Investigate allegations of violations of this article and refer criminal violations of this article to the appropriate law enforcement agency.
2. File a letter of concern if the board believes there is insufficient evidence to support direct action against the licensed nursing assistant's license but sufficient evidence for the board to notify the licensed nursing assistant of its concern.
3. Deny a license or refuse to renew a license or take disciplinary action if a licensed nursing assistant commits an act of unprofessional conduct.
4. Issue a temporary licensed nursing assistant license to an applicant who meets the qualifications for licensure specified in section 32-1645. The license expires six months after the date of issuance and may be renewed at the discretion of the board.
5. In addition to any other disciplinary action it may take,  impose a civil penalty of not more than one thousand dollars for each violation of this chapter.
B. The board shall revoke a license of a person or not issue or renew a license to an applicant who has one or more felony convictions and who has not received an absolute discharge from the sentences for all felony convictions three or more years prior to the date of filing an application pursuant to this chapter.
C. In the regulation of certified nursing assistants the board may:
1. Investigate allegations of abuse,  neglect or misappropriation of property and refer criminal violations to the appropriate law enforcement agency.
2. File a letter of concern if the board believes there is insufficient evidence to support direct action against the certified nursing assistant's registration but sufficient evidence for the board to notify the nursing assistant of its concern.
3. Pursuant to the omnibus budget reconciliation act of 1987 (P.L. 100-203;  101 Stat. 1330),  as amended by the medicare catastrophic coverage act of 1988 (P.L. 100-360;  102 Stat. 683),  indicate on the registration the existence of any substantiated complaints against the certified nursing assistant in compliance with title 41,  chapter 6,  article 10.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1647 - Examination of licensed nursing assistants and certified nursing assistants

32-1647.
Examination of licensed nursing assistants and certified nursing assistants
A. An applicant for licensure as a licensed nursing assistant or an applicant for registration as a certified nursing assistant who wishes to be placed on the registry of nursing assistants shall pass both the written and manual skills competency examinations on subjects contained in the licensed nursing assistant or certified nursing assistant training program approved by the board.
B. The board may issue a licensed nursing assistant license to a person who successfully passes both examinations and meets all other requirements as prescribed in this article.
C. If a certified nursing assistant applicant fails to pass either the written or the manual skills competency examination within two years after completing an educational program,  the applicant shall complete to the board's satisfaction an approved nursing assistant training program before the applicant may take that examination again.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1648 - Licensed nursing assistants; certified nursing assistants; acceptance of out-of-state licenses

32-1648.
Licensed nursing assistants;  certified nursing assistants;  acceptance of out-of-state licenses
A. The board may issue a license to a nursing assistant who has a current certificate or an equivalent document issued by another state if the board receives an application pursuant to section 32-1645 and determines that the applicant meets the qualifications of this article.
B. The board shall not issue a license to an applicant under subsection A of this section who has one or more felony convictions and who has not received an absolute discharge from the sentences for all felony convictions three or more years prior to the date of filing the application.
C. The board may register a person as a certified nursing assistant who has been listed on the nursing assistant registry maintained in another state if the nursing assistant provides to the board current proof of registration or an equivalent document issued by another state and the board receives an application pursuant to section 32-1645 and determines that the applicant meets the qualifications of this article.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1649 - Use of title or abbreviations by a licensed nursing assistant and certified nursing assistant

32-1649.
Use of title or abbreviations by a licensed nursing assistant and certified nursing assistant
A. Only a person who is licensed by the board to practice as a licensed nursing assistant shall use the title " licensed nursing assistant"  and the abbreviation " LNA" .
B. Only a person who is registered by the board to practice as a certified nursing assistant shall use the title " certified nursing assistant"  and the abbreviation " CNA" .
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1650 - Certified medication assistants; medication administration; delegation

32-1650.
Certified medication assistants;  medication administration;  delegation
A. A nurse who is licensed pursuant to this chapter may delegate medication administration to a licensed nursing assistant who is also certified by the board as a medication assistant or to a student in an approved medication assistant program under the following conditions:
1. The recipient of the medication is a resident of a licensed nursing care institution as defined in section 36-401.
2. Delegated medications are limited to:
(a) Regularly scheduled medications,  including controlled substances,  by oral,  topical,  nasal,  otic,  optic and rectal routes.
(b) Following the nurse's assessment of the resident's need for the medication and at the direction of the nurse,  as-needed medications for bowel care or over-the-counter analgesics. The nurse shall evaluate the effect of the medication and document findings in the resident's record.
3. The delegating nurse maintains accountability for the delegation and management of the resident's medications.
B. A nurse may not delegate to a medication assistant:
1. If,  in the professional judgment of the nurse after evaluating the condition of and the level of services required for the resident and the conduct and skills of the certified medication assistant or medication assistant student,  the delegation would pose an unacceptable risk of harm or jeopardize the health or welfare of the resident or if safe delegation cannot be accomplished.
2. The first dose of a new medication or of a previously prescribed medication if the dosage is changed.
3. Any new medication that arrives from the pharmacy without ensuring that it reflects the original prescription.
4. As-needed medications except as provided in this section.
5. The counting of controlled substances at the beginning and end of a shift and any act associated with obtaining multiple doses of controlled substances.
6. Any medication delivered by a needle or by intradermal,  subcutaneous,  intramuscular,  intravenous,  intrathecal and intraosseous routes.
7. The administration of any medication that must be inserted into a nasogastric tube or gastric tube.
8. Changing oxygen settings or turning oxygen on or off.
9. The administration of inhalant medications.
10. The regulation of intravenous fluids or the programming of insulin pumps.
11. The administration of topical patches or topical medications that require a sterile dressing or assessment of skin condition.
12. The administration of sublingual medications.
13. The administration of any medication that requires a mathematical conversion between units of measurement to determine the correct dose.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1650.02 - Certified medication assistants; qualifications

32-1650.02.
Certified medication assistants;  qualifications
A. A person who wishes to practice as a medication assistant must:
1. File an application on a form prescribed by the board accompanied by a fee prescribed by the board by rule.
2. Submit a statement that indicates whether the applicant has been convicted of a felony and,  if convicted of one or more felonies,  that indicates the date of absolute discharge from the sentences for all felony convictions.
3. Have worked as a licensed nursing assistant or certified nursing assistant for at least six months before the start of the medication assistant training program,  be a licensed nursing assistant and have no outstanding complaints or restrictions on the license.
4. Hold one of the following:
(a) A diploma issued by a high school that is located in the United States.
(b) A general equivalency diploma issued in the United States.
(c) A transcript from a nationally or regionally accredited postsecondary school located in the United States or from the United States military that documents successful completion of college-level coursework.
(d) Evidence of completing at least twelve years of education in a foreign country and,  if the language of that country was other than English,  a passing score on an English language proficiency examination as determined by the board.
5. Be at least eighteen years of age.
6. Provide documentation directly from the program of successfully completing an approved medication assistant training program or a portion of an approved nursing education program equivalent to the medication assistant training course.
7. Have passed a competency examination pursuant to section 32-1650.03.
B. The board may certify a person as a medication assistant who meets the qualifications of this section for a period of not more than two years. The person's medication assistant certification expires at the same time the person's licensed nursing assistant license expires.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1650.03 - Certified medication assistants; examination requirements

32-1650.03.
Certified medication assistants;  examination requirements
A. An applicant for certification as a medication assistant must pass a written and manual skills competency examination on subjects contained in a medication assistant training program approved by the board.
B. The board may contract with a private entity to conduct the medication assistant competency examination. The board shall require as part of this contract that the entity provide notice of the examination procedure to applicants.
C. If an applicant fails to pass a competency examination within one year after completing a medication assistant training program,  the applicant must complete to the board's satisfaction an approved medication assistant training program before the applicant may take the examination again.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1650.04 - Certified medication assistants; reciprocity

32-1650.04.
Certified medication assistants;  reciprocity
A nursing assistant who is certified as a medication assistant by another state qualifies for certification as a certified medication assistant in this state if the applicant:
1. Completes an application on a board prescribed form and submits the fee prescribed by the board by rule.
2. Submits evidence of completion of at least a one hundred hour curriculum in a medication assistant training program.
3. Successfully passes the board approved competency examination pursuant to section 32-1650.03.
4. Has practiced as a medication assistant for at least one hundred sixty hours in the past two years or has completed the training program in the past year.
5. Meets all other requirements of this chapter and board rules.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1650.05 - Certified medication assistants; recertification; unprofessional conduct

32-1650.05.
Certified medication assistants;  recertification;  unprofessional conduct
A. A medication assistant who is certified pursuant to 32-1650.02 may apply for recertification before expiration of the certificate if that person:
1. Submits an application on a board prescribed form accompanied by a fee prescribed by the board by rule before the expiration date on the certificate.
2. Submits an affidavit with the application that the applicant has practiced as a medication assistant for at least one hundred sixty hours in the past two years.
3. Submits an affidavit with the application that indicates whether the applicant has been convicted of a felony,  and if convicted of one or more felonies,  indicates the date of absolute discharge from the sentences for all felony convictions.
4. Submits a current application to renew the person's licensed nursing assistant license or holds a current licensed nursing assistant license or is registered as a certified nursing assistant and was certified as a medication assistant before July 1,  2016.
B. If the current medication assistant certificate has expired,  the board may assess a late fee as prescribed by the board by rule. A medication assistant who practices with an expired certificate commits an act of unprofessional conduct and is subject to disciplinary action pursuant to this chapter.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1650.06 - Certified medication assistants; disciplinary actions; civil penalties; revocation or denial of certificate

32-1650.06.
Certified medication assistants;  disciplinary actions;  civil penalties;  revocation or denial of certificate
A. In regulating medication assistants,  the board may:
1. Refer criminal violations to the appropriate law enforcement agency.
2. File a letter of concern if the board believes there is insufficient evidence to support direct action against a medication assistant's certificate but sufficient evidence for the board to notify a medication assistant of its concern.
3. Issue a decree of censure for a violation of this chapter or board rules.
4. Deny certification or recertification or take disciplinary action if a medication assistant commits an act of unprofessional conduct.
5. In addition to any other disciplinary action it may take,  impose a civil penalty of not more than one thousand dollars.
B. The board shall revoke a certificate or deny an application for certification or recertification of a person who has one or more felony convictions and who has not received an absolute discharge from the sentences for all felony convictions three or more years before the date of filing an application pursuant to this chapter.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1650.07 - Certified medication assistants; use of title

32-1650.07.
Certified medication assistants;  use of title
Only a person who is certified as a medication assistant by the board may:
1. Use the title " certified medication assistant"  or " medication assistant-certified" .
2. Use the initials " C.M.A." .
3. Claim to be certified as a medication assistant.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1651 - Clinical nurse specialists; prescribing and dispensing authority

32-1651.
Clinical nurse specialists;  prescribing and dispensing authority
A. The board shall grant to a clinical nurse specialist the privileges to prescribe and dispense pharmacological agents if the clinical nurse specialist has both of the following:
1. The education and training equivalent to the requirements to prescribe and dispense pharmacological agents of a registered nurse practitioner,  including successful completion of a nationally accredited advanced practice nursing program.
2. Certification as a clinical nurse specialist by a nationally recognized certification entity approved by the board.
B. A clinical nurse specialist may prescribe only for patients of a licensed health care institution that uses the services of the clinical nurse specialist as follows:
1. In a licensed hospital or hospital-affiliated outpatient treatment center,  a behavioral health inpatient facility,  a nursing care institution,  a recovery care center,  a behavioral health residential facility or a hospice,  the clinical nurse specialist may prescribe or dispense only pursuant to the protocols or standards applicable to clinical nurse specialists of the health care institution and may not prescribe a schedule II controlled substance that is an opioid except pursuant to protocols or standing orders of the health care institution. The prescribing and dispensing of opioid or benzodiazepine prescriptions by a clinical nurse specialist is limited to treating patients while at the licensed health care institution and is not for patients to use or fill outside of the licensed health care institution except pursuant to discharge protocols of the institution.
2. In a licensed outpatient treatment center or an outpatient treatment center that is exempt from licensure pursuant to section 36-402,  subsection A,  paragraph 12 that provides behavioral health services or qualifies pursuant to federal law as a community health center,  the clinical nurse specialist may prescribe or dispense only pursuant to the protocols or standards applicable to clinical nurse specialists of the health care institution. The clinical nurse specialist may not prescribe a schedule II controlled substance that is an opioid except for an opioid that is for medication-assisted treatment for substance use disorders.
C. A clinical nurse specialist shall report any required information relating to dispensing or prescribing medication pursuant to the health care institution's protocols.
D. For the purposes of this section,  a health care institution's protocols relating to the dispensing and prescribing authority of a clinical nurse specialist shall be developed with the input of the institution's medical director.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1660.01 - Applicability of compact; scope of practice; notification; withdrawal from compact

32-1660.01.
Applicability of compact;  scope of practice;  notification;  withdrawal from compact
A. The compact adopted by section 32-1660 does not alter the scope of practice of a registered nurse practicing in this state. A registered nurse practicing in this state shall comply with the scope of practice enacted under this chapter.
B. The commission created by the compact adopted by section 32-1660 does not have the authority to alter the scope of practice for registered nurses practicing in this state. The governor may withdraw this state from the compact adopted by section 32-1660 if the board notifies the governor that the commission has adopted a rule to change the scope of practice for registered nurses in this state and a law is enacted that repeals the compact.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1660.02 - Open meeting requirements

32-1660.02.
Open meeting requirements
If a meeting,  or a portion of a meeting,  of the interstate commission of nurse licensure compact administrators is closed pursuant to section 32-1660,  article VII,  subsection B,  the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision consistent with title 38,  chapter 3,  article 3.1.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1660.03 - Arizona state board of nursing; notice of commission actions

32-1660.03.
Arizona state board of nursing;  notice of commission actions
The Arizona state board of nursing,  within thirty days after an interstate commission of nurse licensure compact administrators action,  shall post on the board's public website notice of any commission action that may affect a nurse's license.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1663 - Disciplinary action

32-1663.
Disciplinary action
A. If an applicant for licensure or certification commits an act of unprofessional conduct,  the board,  after an investigation,  may deny the application or take other disciplinary action.
B. In its denial order,  the board shall immediately invalidate any temporary license or certificate issued to the applicant.
C. Any person aggrieved by an order of the board issued under the authority granted by subsection A of this section may request an administrative hearing pursuant to title 41,  chapter 6,  article 10.
D. If the board finds,  after affording an opportunity to request an administrative hearing pursuant to title 41,  chapter 6,  article 10,  that a person who holds a license or certificate issued pursuant to this chapter has committed an act of unprofessional conduct,  it may take disciplinary action.
E. If the board finds after giving the person an opportunity to request an administrative hearing pursuant to title 41,  chapter 6,  article 10 that a nurse who practices in this state and is licensed by another jurisdiction pursuant to section 32-1668 committed an act of unprofessional conduct,  the board may limit,  suspend or revoke the privilege of that nurse to practice in this state.
F. If the board determines pursuant to an investigation that reasonable grounds exist to discipline a person pursuant to subsection D or E of this section,  the board may serve on the licensee or certificate holder a written notice that states:
1. That the board has sufficient evidence that,  if not rebutted or explained,  will justify the board in taking disciplinary actions allowed by this chapter.
2. The nature of the allegations asserted and that cites the specific statutes or rules violated.
3. That unless the licensee or certificate holder submits a written request for a hearing within thirty days after service of the notice by certified mail,  the board may consider the allegations admitted and may take any disciplinary action allowed pursuant to this chapter without conducting a hearing.
G. If the Arizona state board of nursing acts to modify any registered nurse practitioner's or clinical nurse specialist's prescription writing privileges,  it shall immediately notify the Arizona state board of pharmacy of the modification.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1663.01 - Administrative violations; administrative penalty

32-1663.01.
Administrative violations;  administrative penalty
A. The board may sanction any of the following as an administrative violation rather than as unprofessional conduct and may impose an administrative penalty of not more than one thousand dollars for any of the following:
1. Failing to timely renew a nursing license or licensed nursing assistant license while continuing to practice nursing or engage in activities or duties regulated by this chapter.
2. Failing to notify the board in writing within thirty days after a change in address.
3. Failing to renew nursing,  licensed nursing assistant or certified nursing assistant program approval and continuing to operate the program.
4. If the board adopts a substantive policy statement pursuant to section 41-1091,  practicing nursing without a license.
B. A regulated party who fails to pay an administrative penalty as prescribed by this section or to establish a schedule for payment as prescribed pursuant to section 32-1606,  subsection A,  paragraph 6 within thirty days after notification commits an act of unprofessional conduct and is subject to disciplinary action.
C. The board shall deposit,  pursuant to sections 35-146 and 35-147,  all monies collected under this section in the state general fund.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1665 - Rehearing; judicial review

32-1665.
Rehearing;  judicial review
A. Any person aggrieved by an order of the board denying a license,  approval or certificate and any regulated party who is aggrieved by a disciplinary order of the board may file a motion for rehearing or review pursuant to title 41,  chapter 6,  article 10.
B. Except as provided in section 41-1092.08,  subsection H,  final decisions of the board are subject to judicial review pursuant to title 12,  chapter 7,  article 6.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1666 - Unlawful acts

32-1666.
Unlawful acts
A. It is unlawful for a person who is not licensed or certified under this chapter to:
1. Practice or offer to practice as a registered or practical nurse,  registered nurse practitioner,  certified nurse midwife or clinical nurse specialist in this state.
2. Represent or use any title,  abbreviation,  letters,  figures,  sign,  card or device to indicate that the person or any other person is a registered nurse,  graduate nurse,  professional nurse,  nurse practitioner,  certified nurse midwife,  nurse midwife,  clinical nurse specialist,  practical nurse,  licensed nursing assistant or certified nursing assistant.
3. Represent or use any title,  abbreviation,  letters,  sign,  card or device to indicate that the person or any other person is certified pursuant to this chapter.
B. It is unlawful for a person to operate a training or educational program to prepare students for licensure or certification under this chapter unless it has been approved under this chapter.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1666.01 - Cease and desist orders; injunctive relief

32-1666.01.
Cease and desist orders;  injunctive relief
A. In addition to all other remedies,  when it appears to the board,  either upon complaint or otherwise,  that any person or nursing program has violated this chapter or any rule or order of the board,  the board may do either of the following:
1. Serve by certified mail or personal service a cease and desist order.
2. Through the attorney general or the county attorney of the county in which the violation is alleged to have occurred,  apply to the superior court in that county for an injunction.
B. The court shall issue a temporary restraining order,  a preliminary injunction or a permanent injunction without bond.
C. Service of process may be in any county of this state where the violator is found or is operating.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1667 - Violations; classification

32-1667.
Violations;  classification
A person is guilty of a class 6 felony who:
1. Sells or fraudulently obtains or furnishes any nursing diploma,  certificate,  license,  permit or record.
2. Engages in any conduct prohibited in section 32-1666.
3. Operates a training or educational program regulated pursuant to this chapter unless the program is a currently approved program.
4. Practices nursing or advanced practice nursing under cover of any diploma,  license,  permit or record illegally or fraudulently obtained,  signed or issued unlawfully or because of fraudulent representation.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1671 - Definitions

32-1671.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Board"  means the state board of dispensing opticians.
2. " Direct supervision"  means the provision of direction and control through inspection and evaluation of work by consultation or instruction as needed,  provided that at least one licensed dispensing optician works at each optical establishment on a full-time basis.
3. " Dispensing optician"  means any person,  except as provided in section 32-1691,  who dispenses lenses,  contact lenses,  frames,  artificial eyes,  optical devices,  appurtenances thereto or parts thereof to the intended wearer on written prescription from a duly licensed physician or optometrist,  and in accordance with such prescription interprets,  measures,  adapts,  fits or adjusts the same for the aid or correction of visual or ocular anomalies of the human eye or who duplicates,  replaces,  reproduces or repeats the same without prescription when there is no change in refractive value,  provided that contact lenses shall never be dispensed without a written contact lense prescription being on file in any optical establishment,  office of an optometrist or office of a physician or verbal confirmation of that written prescription. The dispensing optician shall advise the intended wearer at the time that contact lenses are delivered to return to the prescribing physician or optometrist for evaluation and follow-up care.
4. " Optical establishment"  means a physical location in which lenses,  contact lenses,  frames,  artificial eyes,  optical devices,  appurtenances thereto or parts thereof are dispensed to the intended wearer on written prescription from a physician licensed pursuant to chapter 13 or 17 of this title or an optometrist licensed pursuant to chapter 16 of this title.
5. " Person"  means a natural person.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1672 - Board of dispensing opticians; members; qualifications; terms; removal; immunity

32-1672.
Board of dispensing opticians;  members;  qualifications;  terms;  removal;  immunity
A. The state board of dispensing opticians is established consisting of seven members appointed by the governor. Five members of the board shall be licensees in good standing under this chapter. Two members of the board shall be public members.
B. Before appointment by the governor,  a prospective member of the board shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
C. Each member shall serve for a term of five years expiring on the first day in January of the appropriate year. A member shall not serve for more than two complete consecutive terms.
D. The board shall elect from among its membership a chairman and such other officers as it deems necessary,  who shall hold their offices at the pleasure of the board.
E. Members of the board are eligible to receive compensation in the amount of fifty dollars for each day of actual service in the business of the board.
F. The governor may remove a board member from office if the governor determines that the member is guilty of malfeasance,  misfeasance or dishonorable conduct.
G. The board,  the secretary-treasurer of the board and permanent and temporary board personnel are immune from civil liability for any act the board,  its officers and board personnel perform in good faith and in furtherance of this chapter.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1673 - Powers and duties of the board

32-1673.
Powers and duties of the board
A. The board shall adopt rules to administer and enforce this chapter. Rules adopted pursuant to this section shall include rules to specify the lawful scope of the practice of dispensing opticians and necessary evidence that may support a charge of substandard care rendered by a dispensing optician or an optical establishment.
B. The board may:
1. Hire investigators subject to title 41,  chapter 4,  article 4 or contract with investigators to assist in the investigation of violations of this chapter.
2. Hire employees subject to title 41,  chapter 4,  article 4 and contract with other state agencies as necessary to carry out this chapter.
3. In connection with board hearings and investigations,  issue subpoenas for the attendance of witnesses and the production of books,  records,  documents and other necessary evidence.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1674 - Records

32-1674.
Records
The board shall keep readily available for inspection a record of all applications for licenses,  including a record as to whether a license or renewal license has been issued,  and,  if revoked or suspended,  the date of filing the order of revocation or suspension. It shall maintain a list of all persons who have had a license revoked or suspended,  and may keep a written record of all complaints filed against licensees. Each license issued shall be indicated by the serial number thereof and by the name and address of the licensee. The records shall be public records open to inspection.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1681 - Licensure; issuance

32-1681.
Licensure;  issuance
A. A person shall not practice as a dispensing optician in this state without a valid license issued pursuant to this chapter.
B. The board shall issue a license to any person who complies with the provisions of this chapter and board rules. All licenses expire at the end of each calendar year but do not expire while an application for renewal is pending before the board.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1682 - Applications for a dispensing optician license; original and renewal; examination

32-1682.
Applications for a dispensing optician license;  original and renewal;  examination
A. An applicant for licensure shall submit a verified application to the board on a form prescribed by the board. The application shall contain information the board determines is necessary to assist the board in determining the applicant's ability to meet the requirements of this chapter and board rules.
B. A person who wishes to renew a license shall submit a verified renewal application to the board each year on a form prescribed by the board. The renewal application shall contain information the board determines is necessary to assist the board in determining that the applicant is not in default of or in violation of this chapter or board rules and that the licensee continues to meet the requirements of this chapter.
C. The board may require from all applicants any additional information that in its judgment is necessary to assist the board in determining whether the applicant is entitled to initial or continued licensure.
D. To assist it in determining whether an applicant has acquired the minimum basic skills required for optical dispensing,  the board shall require a written and practical examination of all applicants for an initial license. This requirement does not apply to applicants who qualify pursuant to section 32-1683,  paragraph 4,  subdivision (a). The board may prescribe other reasonable rules relating to the examination of applicants as it determines necessary for the performance of its duties. The board may accept the results of a written or practical examination prepared by a nationally recognized body as determined by the board in lieu of those portions of an examination prepared by the board if they are at least substantially equivalent to those prepared by the board. The board may keep all procedures relating to the administration of the examination and the answer keys confidential.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1683 - Qualifications of applicants

32-1683.
Qualifications of applicants
An applicant for a license issued under this chapter shall:
1. Not have been convicted of a crime involving moral turpitude.
2. Not be a former licensee under this chapter whose license was suspended or revoked and not subsequently reinstated.
3. Be a high school graduate or the equivalent as prescribed by rules of the board.
4. Establish that the applicant has the required technical skill and training necessary for licensing by any one of the following means:
(a) Submit evidence of having a valid and subsisting license in good standing from another state that licenses dispensing opticians or ophthalmic dispensers and whose requirements are substantially equivalent to the requirements of this chapter.
(b) Submit evidence of having served an apprenticeship in optical dispensing for three of the six years immediately preceding the date of application under the direct supervision of a dispensing optician,  optometrist or an allopathic or osteopathic physician who holds an active license in good standing issued by any state. The apprenticeship must include all principal phases of optical dispensing in order to result in the applicant acquiring the minimum basic skills required for optical dispensing. The board may accept a maximum of one thousand hours of alternative optical laboratory experience toward satisfying the apprenticeship requirements if that experience meets the standards established by the board.
(c) Submit evidence of graduation from a school of optical dispensing that presently meets the standards required for approval by a nationally recognized body on opticianry accreditation as determined by the board. The applicant must also have served an apprenticeship in optical dispensing as prescribed in subdivision (b) of this paragraph for one of the six years immediately preceding the date of application.
(d) Submit evidence of having worked as a dispensing optician or having served as an apprentice to a dispensing optician,  a physician or an optometrist in a nonlicensing state for three of the six years immediately preceding the date of application. This work or apprenticeship must include all principal phases of optical dispensing in order to result in the applicant acquiring the minimum basic skills required for optical dispensing.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1684 - License issuance, renewal and reinstatement

32-1684.
License issuance,  renewal and reinstatement
A. Within a reasonable time after the receipt of an original application or renewal application,  together with the fee required by section 32-1685,  the board shall investigate the qualifications of the applicant. The board shall approve the application if the applicant meets the qualifications of this chapter and board rules and shall allow the applicant for initial licensure to sit for the practical examination. The board shall issue a license if the applicant successfully completes this examination. If the board disapproves an original or renewal application it shall notify the applicant pursuant to section 32-1694,  subsection A.
B. Except as provided in section 32-4301,  on or before December 31 of each year a licensee shall submit a renewal application on a form prescribed by the board. The licensee shall submit the renewal fee prescribed by section 32-1685 with the application.
C. A licensee who submits a renewal application and renewal fee after December 31 but before the following January 31 shall pay a late fee prescribed by section 32-1685 in addition to the renewal fee. The board may allow a licensee additional time to submit a renewal application if the licensee demonstrates to the board's satisfaction good cause to do so.
D. Except as provided in section 32-4301,  a license expires if it is not renewed before January 31 following the December 31 expiration date. A person who does not submit a renewal application,  a renewal fee and a late fee before that date may submit an application for reinstatement on a form prescribed by the board within one year after the license expiration date. The applicant for reinstatement shall submit the renewal fee and a late fee prescribed by section 32-1685 with the application. The applicant shall take the state board practical examination. The applicant shall also take the national examinations if the applicant did not successfully complete those examinations before the applicant obtained the original license.
E. A person who does not submit a reinstatement application and applicable fees within one year after the license expiration date shall apply for licensure as an original applicant.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1684.01 - Optical establishment license; qualifications

32-1684.01.
Optical establishment license;  qualifications
A. Any person,  corporation,  company,  partnership,  firm,  association or society that wishes to operate an optical establishment shall submit a verified application to the board on a form prescribed by the board. The application shall include the application fee and the following information:
1. The location of the proposed optical establishment.
2. The proposed business hours of the optical establishment.
3. The names and license numbers of the licensed dispensing opticians who work at the optical establishment.
B. An applicant for a license under this section shall provide evidence to the board's satisfaction that at least one licensed dispensing optician works at the optical establishment on a full-time basis.
C. Within thirty days after the receipt of an original application or renewal application and the application fee,  the board shall investigate the qualifications of the applicant. If the applicant meets the qualifications of this chapter and board rules,  the board shall approve the application and issue a license. If the application is disapproved,  the board shall notify the applicant as provided in section 32-1694,  subsection A.
D. To renew a license a licensee shall submit a renewal application to the board on or before June 30 of each year on a form prescribed by the board. The application shall include the applicable renewal fee and information the board deems necessary for it to determine that the licensee continues to meet the requirements of this chapter and board rules.
E. A licensee that submits a renewal application and applicable fee after June 30 but before July 31 shall pay a late fee pursuant to section 32-1685 in addition to the renewal fee.
F. A license expires if a licensee does not submit a renewal application and renewal fee on or before July 31 pursuant to subsection E of this section. After that date the applicant shall apply for licensure as an original applicant.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1685 - Fees

32-1685.
Fees
A. The board shall establish nonrefundable fees that do not exceed the following:
1. Filing an application for a dispensing optician license,  two hundred dollars.
2. Issuing an original dispensing optician license,  two hundred dollars.
3. Renewing a dispensing optician license,  two hundred dollars.
4. Late renewal of a dispensing optician license,  two hundred dollars.
5. Name change and issuance of a duplicate dispensing optician license,  one hundred dollars.
6. Reinstatement of a dispensing optician license,  two hundred dollars.
7. Filing an application for an optical establishment license,  two hundred dollars.
8. Issuing an original optical establishment license,  two hundred dollars.
9. Renewing an optical establishment license,  two hundred dollars.
10. Late renewal of an optical establishment license,  two hundred dollars.
11. Name or location change and issuance of a duplicate optical establishment license,  one hundred dollars.
B. The board may charge additional fees for services that the board deems are necessary to carry out this chapter and board rules. These fees shall not exceed the costs of rendering the services.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1686 - Board of dispensing opticians fund

32-1686.
Board of dispensing opticians fund
A. Before the end of each month,  pursuant to sections 35-146 and 35-147,  the board shall deposit ten per cent of all monies received by the board in the state general fund and deposit the remaining ninety per cent in the board of dispensing opticians fund.
B. Monies deposited in the board of dispensing opticians fund are subject to section 35-143.01.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1687 - Continuing education

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.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1691 - Exemptions of persons and sales

32-1691.
Exemptions of persons and sales
This chapter does not apply to:
1. Any physician or optometrist who is licensed to practice under the laws of this state.
2. Any person working under the direct supervision of a physician,  optometrist or dispensing optician who is licensed to practice in this state,  as long as the person is working exclusively for the licensed physician,  optometrist or dispensing optician and does not claim to be a dispensing optician.
3. The sale of goggles,  sunglasses,  colored glasses or occupational protective eye devices,  if they do not have refractive values.
4. The sale of complete ready-to-wear eyeglasses for near vision only,  toys,  binoculars or scientific instruments as merchandise.
5. The sale and fitting of ocular prosthetic appliances if they do not have refractive values.
6. The sale of replacement soft contact lenses as provided in chapter 16,  article 5 and chapter 18 of this title.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1693 - Denial, suspension and revocation of license; other disciplinary sanctions

32-1693.
Denial,  suspension and revocation of license;  other disciplinary sanctions
A. The board may deny the application of any applicant who fails to meet the qualifications prescribed by this chapter or board rules.
B. The board may take any combination of the following disciplinary actions against a licensee pursuant to section 32-1691.01:
1. Suspend or revoke the license. Suspension of a license shall be for a specified period not to exceed one year.
2. Enter a decree of censure. In entering a decree of censure the board may require that restitution be made to the aggrieved party.
3. Place a licensee on probation. In the issuance of an order fixing a period and terms of probation,  the board shall be guided by such considerations as are necessary to protect the public health,  safety and welfare and to rehabilitate the licensee.
4. Enter an order of restitution.
5. Impose a civil penalty of not more than one thousand dollars for each violation of this chapter or board rules.
C. Reapplication for a license after revocation shall be made in the same manner as the application for an original license and not sooner than two years after the date the board revoked the license.
D. Failure to comply with any final board order,  including an order prescribed by this section,  is cause for suspension or revocation of a license.
2023 Arizona Revised Statutes › Title 32 - Professions and Occupations › § 32-1694 - Notice of action; practice pending appeal

32-1694.
Notice of action;  practice pending appeal
A. When the board denies,  suspends or revokes a license,  it shall send notice of its action by registered mail to the applicant or licensee concerned,  setting forth the reasons for the action taken.
B. Within thirty days after the date of the notice,  the applicant or licensee may request a hearing before the board pursuant to title 41,  chapter 6,  article 10.
C. No applicant for original license may practice as a dispensing optician during the pendency of an appeal from a decision of the board. No licensee whose license is revoked or suspended or whose renewal application is refused by the board shall be denied the right to practice during the pendency of any appeal from a decision of the board.