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REFERENCE TITLE: professional licensure; out-of-state applicants |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1458 |
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Introduced by Senators Sinema, Driggs: Allen, Antenori, Bundgaard, Crandall, McComish, Melvin, Nelson, Pierce S, Reagan
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AN ACT
changing the designation of title 32, chapter 43, Arizona Revised Statutes, to "license, certificate or registration renewals and reciprocity"; amending title 32, chapter 43, article 1, Arizona Revised Statutes, by adding sections 32‑4302 and 32‑4303; relating to profession and occupation regulations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Heading change
The chapter heading of title 32, chapter 43, Arizona Revised Statutes, is changed from "license, certificate or registration renewals for military members" to "license, certificate or registration renewals and reciprocity".
Sec. 2. Title 32, chapter 43, article 1, Arizona Revised Statutes, is amended by adding sections 32-4302 and 32-4303, to read:
32-4302. Out-of-state applicants; reciprocity
A. Notwithstanding any other law, a license, certificate or registration may be issued pursuant to this title without an examination to a person who is licensed, certified or registered in another state if both of the following apply:
1. The other state's licensure, certification or registration standards at the time of application for a license, certificate or registration in this state are substantially equivalent to or greater than the standards in this state.
2. There is no reason to deny the license, certificate or registration under the laws of this state that regulate the profession or occupation.
B. The license, certificate or registration may be issued if the applicant affirms or states in the application that the applicant has requested verification from the state in which the person is licensed, certified or registered that the person is currently licensed, certified or registered and is not subject to pending charges or final disciplinary action for unprofessional conduct or impairment. If a regulating entity under this title finds reasonable cause to believe that the applicant falsely affirmed or stated that the applicant has requested verification from the other state, the regulating entity may summarily suspend the license, certificate or registration pending further action to discipline or revoke the license, certificate or registration.
C. This section does not prevent a regulating entity under this title from entering into a reciprocity agreement with another state or jurisdiction, except that the agreement may not allow out‑of‑state licensees, certificate holders or registrants to obtain a license, certificate or registration by reciprocity in this state if the applicant has not met standards that are substantially equivalent to or greater than the standards required in this state as determined by the regulating entity on a case‑by‑case basis.
32-4303. Temporary practice permits
A. Notwithstanding any other law, a temporary practice permit to practice a profession regulated by this title may be issued to a person who is licensed, certified or registered in another state to practice in that profession if the other state has regulatory standards substantially equivalent to those of this state and if the regulatory entity under this title determines that there is no reason to deny the license, certificate or registration under the laws of this state regulating the profession or occupation. The person may practice under the permit until a license, certificate or registration is granted or until a license, certificate or registration is denied. The permit may be issued if the applicant verifies or states in the application that the applicant has requested verification from the state in which the person is licensed, certified or registered that the person is currently licensed, certified or registered and is not subject to pending charges or final disciplinary action for unprofessional conduct or impairment. If the regulatory entity under this title finds reasonable cause to believe that the applicant falsely affirmed or stated that the applicant has requested verification from the other state, the regulatory entity may summarily suspend the license, certificate or registration pending further action to discipline or revoke the license, certificate or registration.
B. Notwithstanding any other law, a regulatory entity pursuant to this title may issue a temporary practice permit to a person seeking licensure, certification or registration in this state who has met all requirements other than passage of an examination. The permit is valid until the person either fails the first examination for which the person is eligible following issuance of the permit or passes the examination and is granted a license, certificate or registration.