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ARIZONA STATE SENATE

Fifty-Second Legislature, Second Regular Session

FACT SHEET FOR S.B. 1444

board of nursing; licensure; complaints

Purpose

Modifies requirements relating to the Arizona Board of Nursing (Board) regarding licensees and applicants who are convicted of one or more felony convictions, and requires the Board to provide the Board’s investigative report to a licensee who is the subject of the investigation within a specified timeframe.

Background

Current statute requires the Board to revoke a license of a person, revoke the multistate licensure privilege of a person or not issue a license or renewal 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 five or more years before the date of filing an application. Additionally, statute requires an applicant for licensure as a registered nurse or a licensed practical nurse to file proof to the Board that the applicant, if convicted of one or more felonies, has received an absolute discharge from the sentences for all felony convictions five or more years before the date of filing an application (A.R.S. §§ 32-1606, 32-1632 and 32-1637).

If a person is convicted of any class 6 felony not involving a dangerous offense and if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may: 1) enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly; or 2) place the defendant on probation and refrain from designating the offense as a felony or misdemeanor until the probation is terminated. The offense is required to be treated as a felony for all purposes until the court enters an order designating the offense a misdemeanor. This felony designation is also known as a class 6 undesignated felony and does not apply to any person who stands convicted of a class 6 felony and who has previously been convicted of two or more felonies (A.R.S. § 13-604).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Requires the Board, beginning July 1, 2016, to revoke a license, revoke a multistate licensure privilege or not issue a renewal license to a person who has one or more felony convictions for three years from the date of the felony convictions, instead of if the person has not received an absolute discharge from the sentence five or more years before the date of filing an application, with the exception of a licensee who has been convicted of a class 6 undesignated felony.

2. Allows an applicant who has been convicted of a class 6 undesignated felony to apply for licensure as a registered nurse if the applicant has submitted satisfactory proof that the court has entered the judgment of conviction for a class 1 misdemeanor.

3. Requires the Board to provide the Board’s investigative report to the licensee at least ten days before the Board meets to determine whether any action will be taken against the licensee.

4. Makes technical and conforming changes.

5. Becomes effective on the general effective date with a delayed effective date as noted.

Prepared by Senate Research

February 5, 2016

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