Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-2505, Arizona Revised
Statutes, is amended to read:
START_STATUTE13-2505. Promoting prison contraband; exceptions; x‑radiation;
body scans; classification
A. A person, not otherwise authorized by law,
commits promoting prison contraband:
1. By knowingly taking contraband into a
correctional facility or the grounds of a correctional facility; or
2. By knowingly conveying contraband to any person
confined in a correctional facility; or
3. By knowingly making, obtaining or possessing
contraband while being confined in a correctional facility or while being
lawfully transported or moved incident to correctional facility confinement.
B. Any person who has reasonable grounds to believe
there has been a violation or attempted violation of this section shall
immediately report the violation or attempted violation to the official in
charge of the facility or to a peace officer.
C. Notwithstanding any law to the contrary, any
person who is convicted
of a violation of this section shall be
is prohibited from employment being employed by this state or any of its
agencies or political subdivisions until the person's civil rights have been
restored pursuant to chapter 9 of this title.
D. This section does not apply to any of the
following:
1. A prisoner who possesses or carries any tool,
instrument or implement used by him at the direction or with the permission of
prison officials.
2. Contraband located at the place where a person is
on home arrest.
3. Contraband authorized by the correctional
facility policies and used at the direction or with the permission of prison
officials.
E. The state department of corrections or a county jail may request a
licensed practitioner as defined in
section 32‑2801 to order that x‑radiation be
performed on any inmate if there is reason to believe the inmate is in
possession of any contraband as defined
in section 13‑2501.
F. The state
department of corrections or a county jail, in compliance with generally
accepted health and safety standards, may perform a body scan of an inmate by
using low‑dose ionizing radiation without an order from a licensed
practitioner to prevent any contraband from entering into a correctional
facility.
F. G. Promoting
prison contraband if the contraband is a deadly weapon, dangerous instrument or
explosive is a class 2 felony. Promoting prison contraband if the
contraband is a dangerous drug, narcotic drug or marijuana is a class 2
felony. In all other cases promoting prison contraband is a class 5
felony. Failure to report a violation or attempted violation of this
section is a class 5 felony. END_STATUTE
Sec. 2. Section 32-2811, Arizona Revised
Statutes, is amended to read:
START_STATUTE32-2811. Prohibitions and limitations; exceptions
A. No person may use ionizing radiation on a human
being unless the person is a licensed practitioner or the holder of a
certificate as provided in this chapter.
B. A person holding a certificate may use ionizing
radiation on human beings only for diagnostic or therapeutic purposes while operating
in each particular case at the direction of a licensed practitioner. The
application of ionizing radiation and the direction to apply ionizing radiation
are limited to those persons or parts of the human body specified in the law
under which the practitioner is licensed. The provisions of the
technologist's certificate govern the extent of application of ionizing
radiation.
C. Nothing in the provisions of this chapter
relating to technologists shall be construed to limit, enlarge or affect in any
respect the practice of their respective professions by duly licensed
practitioners.
D. The requirement of a certificate shall not apply
to:
1. A hospital resident specializing in radiology who
is not a licensed practitioner in this state or a student enrolled in and
attending a school or college of medicine, osteopathy, podiatry, dentistry, naturopathy naturopathic medicine, chiropractic or
radiologic technology who applies ionizing radiation to a human being while
under the specific direction of a licensed practitioner.
2. A person engaged in performing the duties of a
technologist in such that person's employment by an
agency, bureau or division of the government of the United States.
3. Dental hygienists licensed in the state of
Arizona and dental assistants holding a valid certificate in dental radiology
from a course approved by the Arizona
state board of dental examiners.
4. Persons providing assistance during an ionizing
radiation procedure, apart from such procedures conducted in a health care institution,
under the direction of a person licensed for the use of an ionizing radiation
machine.
5. A person
who is employed by or acting on behalf of the state department of corrections
or a county jail and who uses a low‑dose ionizing radiation body scanning
device to detect contraband, as defined in section 13‑2501, in or on an
inmate.
E. The provisions of subsection B of this section do
not apply to ionizing radiation ordered by a licensed practitioner for other
than diagnostic or therapeutic purposes pursuant to section 13‑2505,
subsection E. END_STATUTE
