Assigned to HHS                                                                                                         AS PASSED BY COMMITTEE                                                                                                                                                                                           

ARIZONA STATE SENATE

Fifty-Second Legislature, Second Regular Session

AMENDED

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 absolute discharge, 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 if the applicant has submitted satisfactory proof that the court has entered the judgment of conviction for a class 1 misdemeanor.

3. Requires a health profession regulatory board, at least ten business days before a meeting to review the status of an investigation, to provide notice of the meeting to the health professional who is subject to the investigation, including notice of the opportunity for the health professional to request a copy of the report concerning the investigation.

4. Makes technical and conforming changes.

5. Becomes effective on the general effective date.

Amendment Adopted by Committee

1. Modifies the time a licensee or applicant who has been convicted of one or more felonies must wait before applying for licensure.

2. Expands the ability to apply for licensure after the court has entered a judgment of conviction for a class 1 misdemeanor to all Board licensees, instead of registered nurses only.

3. Requires any health regulatory board to provide notice to licensees regarding a board meeting to review the status of an investigation and to notify a licensee of the opportunity to request the report concerning the investigation.

Senate Action

HHS                2/10/16     DPA     7-0-0

Prepared by Senate Research

February 12, 2016

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