House Engrossed Senate Bill
State of Arizona
Senate
Fifty-third Legislature
First Regular Session
2017
SENATE BILL 1435
AN ACT
amending title 32, chapter 13, article 2, Arizona Revised Statutes, by adding section 32‑1422.01; Amending section 32‑1822, Arizona Revised Statutes; amending title 32, chapter 17, article 2, Arizona Revised Statutes, by adding section 32‑1824; amending sections 32‑2022, 41‑619.51, 41‑1758 and 41‑1758.01, Arizona Revised Statutes; relating to fingerprinting for health care licensure.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 13, article 2, Arizona Revised Statutes, is amended by adding section 32-1422.01, to read:
START_STATUTE32-1422.01. Expedited licensure; medical licensure compact; fingerprinting
Beginning September 1, 2017, applicants for expedited licensure pursuant to section 32-3241 shall submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and public law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. Communication between the board and the interstate medical licensure compact commission regarding verification of physician eligibility for licensure under the medical licensure compact may not include any information received from the federal bureau of investigation relating to a state and federal criminal records check performed for the purposes of section 32-3241, section 5, subsection B, paragraph 2. END_STATUTE
Sec. 2. Section 32-1822, Arizona Revised Statutes, is amended to read:
START_STATUTE32-1822. Qualifications of applicant; application; fingerprinting; fees
A. On a form and in a manner prescribed by the board, an applicant for licensure shall submit proof that the applicant:
1. Is the person named on the application and on all supporting documents submitted.
2. Is a citizen of the United States or a resident alien.
3. Is a graduate of a school of osteopathic medicine approved by the American osteopathic association.
4. Has successfully completed an approved internship, the first year of an approved multiple‑year residency or a board‑approved equivalency.
5. Has passed the approved examinations for licensure within seven years of application or has the board‑approved equivalency of practice experience.
6. Has not engaged in any conduct that, if it occurred in this state, would be considered unprofessional conduct or, if the applicant has engaged in unprofessional conduct, is rehabilitated from the underlying conduct.
7. Is physically, mentally and emotionally able to practice medicine, or, if limited, restricted or impaired in the ability to practice medicine, consents to contingent licensure pursuant to subsection E of this section or to entry into a program prescribed in section 32‑1861.
8. Is of good moral character.
9. Beginning September 1, 2017, has submitted a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. the department of public safety may exchange this fingerprint data with the federal bureau of investigation.
B. An applicant must submit with the application the nonrefundable application fee prescribed in section 32‑1826 and pay the prescribed license issuance fee to the board at the time the license is issued.
C. The board or the executive director may require an applicant to submit to a personal interview, a physical examination or a mental evaluation or any combination of these, at the applicant's expense, at a reasonable time and place as prescribed by the board if the board determines that this is necessary to provide the board adequate information regarding the applicant's ability to meet the licensure requirements of this chapter. An interview may include medical knowledge questions and other matters that are relevant to licensure.
D. The board may deny a license for any unprofessional conduct that would constitute grounds for disciplinary action pursuant to this chapter or as determined by a competent domestic or foreign jurisdiction.
E. The board may issue a license that is contingent on the applicant entering into a stipulated order that may include a period of probation or a restriction on the licensee's practice.
F. The executive director may issue licenses to applicants who meet the requirements of this section.
G. A person whose license has been revoked, denied or surrendered in this or any other state may apply for licensure not sooner than five years after the revocation, denial or surrender.
H. A license issued pursuant to this section is valid for the remainder of the calendar year in which it was issued, at which time it is eligible for renewal. END_STATUTE
Sec. 3. Title 32, chapter 17, article 2, Arizona Revised Statutes, is amended by adding section 32-1824, to read:
START_STATUTE32-1824. Expedited licensure; medical licensure compact; fingerprinting
Beginning September 1, 2017, applicants for expedited licensure pursuant to section 32‑3241 shall submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. the department of public safety may exchange this fingerprint data with the federal bureau of investigation. Communication between the board and the interstate medical licensure compact commission regarding verification of physician eligibility for licensure under the medical licensure compact may not include any information received from the federal bureau of investigation relating to a state and federal criminal records check performed for the purposes of section 32‑3241, section 5, subsection B, paragraph 2. END_STATUTE
Sec. 4. Section 32-2022, Arizona Revised Statutes, is amended to read:
START_STATUTE32-2022. Qualifications for licensure and certification; fingerprint clearance card
A. An applicant for a license as a physical therapist who has been educated in the United States shall:
1. Be of good moral character.
2. Complete the application process.
3. Be a graduate of a professional physical therapy education program that is accredited by a national accreditation agency approved by the board.
4. Have successfully passed the national examination approved by the board.
5. Have successfully passed a jurisprudence examination that tests the applicant's knowledge of board statutes and rules.
6. Obtain a valid fingerprint clearance card issued pursuant to section 41‑1758.03.
B. An applicant for a license as a physical therapist who has been educated outside of the United States shall:
1. Be of good moral character.
2. Complete the application process.
3. Provide satisfactory evidence that the applicant's education is substantially equivalent to the requirements of physical therapists educated in accredited educational programs as determined by the board. If the board determines that a foreign educated foreign‑educated applicant's education is not substantially equivalent, it may require the person to complete additional coursework before it proceeds with the application process. It is not necessary that coursework completed by the applicant be identical in all respects to that required by an education program in the United States for an entry level entry‑level physical therapy degree, but all required content areas must be evident as required by board rules. Deficiencies may occur only in coursework and not in essential areas of professional education and shall not be of a magnitude that would cause the education to be deemed below entry level entry‑level preparation for practice in this state.
4. Provide written proof of legal authorization to practice as a physical therapist without limitation in the country where the professional education occurred. The board may waive this requirement on receipt of written proof that the applicant cannot demonstrate legal authorization based on the citizenship requirements of the country where the professional education occurred.
5. Provide proof of legal authorization to reside and seek employment in the United States or its territories.
6. Have passed the board approved board‑approved English proficiency examinations if the applicant's native language is not English.
7. Have participated in an interim supervised clinical practice period before licensure as approved by the board or shall have already met this requirement to the board's satisfaction by virtue of the applicant's clinical practice in another jurisdiction of the United States.
8. Have successfully passed the national examination approved by the board.
9. Have successfully passed a jurisprudence examination that tests the applicant's knowledge of board statutes and rules.
10. Obtain a valid fingerprint clearance card issued pursuant to section 41‑1758.03.
C. Notwithstanding the requirements of subsection B of this section, if the foreign educated foreign‑educated physical therapist applicant is a graduate of an accredited educational program as determined by the board, the board may waive the requirements of subsection B, paragraphs 3 and 7 of this section.
D. An applicant for certification as a physical therapist assistant shall meet the following requirements:
1. Be of good moral character.
2. Complete the application process.
3. Be a graduate of a physical therapist assistant education program accredited by an agency approved by the board.
4. Have successfully passed the national examination approved by the board.
5. Have successfully passed a jurisprudence examination that tests the applicant's knowledge of board statutes and rules.
6. Obtain a valid fingerprint clearance card issued pursuant to section 41‑1758.03.
E. For the purposes of subsection B, paragraph 3 of this section, "substantially equivalent" means that the applicant provides documentation satisfactory to the board that:
1. The applicant graduated from a physical therapist education program that prepares the applicant to engage without restriction in the practice of physical therapy.
2. The applicant's school of physical therapy education is recognized by its own ministry of education. The board may waive this requirement for good cause shown.
3. The applicant has undergone a credentials evaluation as directed by the board that determines that the applicant has met uniform criteria for educational requirements pursuant to board rules.
4. The applicant has completed any additional education required by the board. END_STATUTE
Sec. 5. Section 41-619.51, Arizona Revised Statutes, is amended to read:
START_STATUTE41-619.51. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of transportation, the state real estate department, the department of financial institutions, the Arizona game and fish department, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, or the Arizona state board of pharmacy or the board of physical therapy.
2. "Board" means the board of fingerprinting.
3. "Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41‑619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8‑804.
4. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present.
5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41‑619.55.
6. "Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following:
(a) Section 8‑105.
(b) Section 8‑322.
(c) Section 8‑463.
(d) Section 8‑509.
(e) Section 8‑802.
(f) Section 8‑804.
(g) Section 15‑183.
(h) Section 15‑503.
(i) Section 15‑512.
(j) Section 15‑534.
(k) Section 15‑763.01.
(l) Section 15‑782.02.
(m) Section 15‑1330.
(n) Section 15‑1881.
(o) Section 17‑215.
(p) Section 28‑3413.
(q) Section 32‑1232.
(r) Section 32‑1284.
(s) Section 32‑1297.01.
(t) Section 32‑1904.
(u) Section 32‑2022.
(u) (v) Section 32‑2108.01.
(v) (w) Section 32‑2123.
(w) (x) Section 32‑2371.
(x) (y) Section 32‑3620.
(y) (z) Section 32‑3668.
(z) (aa) Section 32‑3669.
(aa) (bb) Section 36‑207.
(bb) (cc) Section 36‑411.
(cc) (dd) Section 36‑425.03.
(dd) (ee) Section 36‑446.04.
(ee) (ff) Section 36‑594.01.
(ff) (gg) Section 36‑594.02.
(gg) (hh) Section 36‑882.
(hh) (ii) Section 36‑883.02.
(ii) (jj) Section 36‑897.01.
(jj) (kk) Section 36‑897.03.
(kk) (ll) Section 36‑3008.
(ll) (mm) Section 41‑619.53.
(mm) (nn) Section 41‑1964.
(nn) (oo) Section 41‑1967.01.
(oo) (pp) Section 41‑1968.
(pp) (qq) Section 41‑1969.
(qq) (rr) Section 41‑2814.
(rr) (ss) Section 46‑141, subsection A.
(ss) (tt) Section 46‑321. END_STATUTE
Sec. 6. Section 41-1758, Arizona Revised Statutes, is amended to read:
START_STATUTE41-1758. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of transportation, the state real estate department, the department of financial institutions, the board of fingerprinting, the Arizona game and fish department, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, or the Arizona state board of pharmacy or the board of physical therapy.
2. "Division" means the fingerprinting division in the department of public safety.
3. "Electronic or internet-based fingerprinting services" means a secure system for digitizing applicant fingerprints and transmitting the applicant data and fingerprints of a person or entity submitting fingerprints to the department of public safety for any authorized purpose under this title. For the purposes of this paragraph, "secure system" means a system that complies with the information technology security policy approved by the department of public safety.
4. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41‑619.55.
5. "Person" means a person who is required to be fingerprinted pursuant to any of the following:
(a) Section 8‑105.
(b) Section 8‑322.
(c) Section 8‑463.
(d) Section 8‑509.
(e) Section 8‑802.
(f) Section 15‑183.
(g) Section 15‑503.
(h) Section 15‑512.
(i) Section 15‑534.
(j) Section 15‑763.01.
(k) Section 15‑782.02.
(l) Section 15‑1330.
(m) Section 15‑1881.
(n) Section 17‑215.
(o) Section 28-3413.
(p) Section 32‑1232.
(q) Section 32‑1284.
(r) Section 32‑1297.01.
(s) Section 32‑1904.
(t) Section 32‑2022.
(t) (u) Section 32‑2108.01.
(u) (v) Section 32‑2123.
(v) (w) Section 32‑2371.
(w) (x) Section 32‑3620.
(x) (y) Section 32‑3668.
(y) (z) Section 32‑3669.
(z) (aa) Section 36‑207.
(aa) (bb) Section 36‑411.
(bb) (cc) Section 36‑425.03.
(cc) (dd) Section 36‑446.04.
(dd) (ee) Section 36‑594.01.
(ee) (ff) Section 36‑594.02.
(ff) (gg) Section 36‑882.
(gg) (hh) Section 36‑883.02.
(hh) (ii) Section 36‑897.01.
(ii) (jj) Section 36‑897.03.
(jj) (kk) Section 36‑3008.
(kk) (ll) Section 41‑619.52.
(ll) (mm) Section 41‑619.53.
(mm) (nn) Section 41‑1964.
(nn) (oo) Section 41‑1967.01.
(oo) (pp) Section 41‑1968.
(pp) (qq) Section 41‑1969.
(qq) (rr) Section 41‑2814.
(rr) (ss) Section 46‑141, subsection A.
(ss) (tt) Section 46‑321.
6. "Vulnerable adult" has the same meaning prescribed in section 13‑3623. END_STATUTE
Sec. 7. Section 41-1758.01, Arizona Revised Statutes, is amended to read:
START_STATUTE41-1758.01. Fingerprinting division; powers and duties
A. The fingerprinting division is established in the department of public safety and shall:
1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 8‑105, 8‑322, 8‑463, 8‑509, 8‑802, 15‑183, 15‑503, 15‑512, 15‑534, 15‑763.01, 15‑782.02, 15‑1330, 15‑1881, 17‑215, 28‑3413, 32‑1232, 32‑1284, 32‑1297.01, 32‑1904, 32‑2022, 32‑2108.01, 32‑2123, 32‑2371, 32‑3620, 32‑3668, 32‑3669, 36‑207, 36‑411, 36‑425.03, 36‑446.04, 36‑594.01, 36‑594.02, 36‑882, 36‑883.02, 36‑897.01, 36‑897.03, 36‑3008, 41‑619.52, 41‑619.53, 41‑1964, 41‑1967.01, 41‑1968, 41‑1969 and 41‑2814, section 46‑141, subsection A and section 46‑321.
2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card.
3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41‑619.53 and deposit, pursuant to sections 35‑146 and 35‑147, the monies collected in the board of fingerprinting fund.
4. Inform in writing each person who submits fingerprints for a fingerprint background check of the right to petition the board of fingerprinting for a good cause exception pursuant to section 41‑1758.03, 41‑1758.04 or 41‑1758.07.
5. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, inform the person in writing that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41‑1750 and Public Law 92‑544.
6. Notify the person in writing if the division suspends, revokes or places a driving restriction notation on a fingerprint clearance card pursuant to section 41‑1758.04. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction notation was based. This criminal history information is subject to dissemination restrictions pursuant to section 41‑1750 and Public Law 92‑544.
7. Administer and enforce this article.
B. The fingerprinting division may contract for electronic or internet‑based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15‑106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with:
1. All information privacy and security measures and submission standards established by the department of public safety.
2. The information technology security policy approved by the department of public safety. END_STATUTE
Sec. 8. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.