ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session
	Senate: RAGE DP 4-3-0-0 | 3^rd Read 16-13-1-0 House: HHS W/D | COM DPA 9-0-1-0

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SB 1235: health profession regulatory boards; membership

Sponsor: Senator Shamp, LD 29

House Engrossed

Overview

Includes stipulations relating to filling certain vacancies and confirming appointees of health profession regulatory boards. Creates the Health Profession Regulatory Board Oversight Council.

History

A health board is any board that regulates one or more health professional in Arizona. The primary purpose of a health board is to protect the public from unlawful, incompetent, unqualified, impaired or unprofessional conduct by practitioners of certain health occupations and professionals. In order for an individual to practice or perform a regulated health occupation or profession or use certain occupational or professional titles in Arizona, a person must meet certain qualifications and apply to the designated health board for the license, certificate or authorization (Title 32 and Title 36, A.R.S.).

Provisions

Health Profession Regulatory Board Member Confirmation

1. Subjects the following Boards to statutory requirements relating to Senate confirmation of members:

a) Podiatry Examiners; (Sec. 1)

b) Chiropractic Examiners; (Sec. 2)

c) Dental Examiners; (Sec. 3)

d) Naturopathic Physicians Medical Board; (Sec. 5)

e) Nursing; (Sec. 6)

f) Dispensing Opticians; (Sec. 7)

g) Optometry; (Sec. 8)

h) Osteopathic Examiners; (Sec. 9)

i) Pharmacy; (Sec. 10)

j) Arizona Regulatory Board of Physician Assistants; (Sec. 13)

k) Homeopathic and Integrated Medicine Examiners; (Sec. 15)

l) Behavioral Health Examiners; (Sec. 16)

m) Occupational Therapy Examiners; (Sec. 17)

n) Respiratory Care Examiners; (Sec. 18)

o) Acupuncture Board of Examiners; (Sec. 19)

p) Athletic Training; (Sec. 20)

q) Massage Therapy; (Sec. 21)

r) Examiners of Nursing Care Institution Administrators and Assisted Living Facility Managers; (Sec. 22)

2. Adds, for the following Boards, a stipulation that if:

a) the Governor fails to fill a public member vacancy within one year after the position becomes vacant, the Board may fill the public member position by a majority vote; and

b) the Senate fails to confirm or reject an appointee within one year after the Governor's appointment, the appointee is deemed confirmed:

i. Podiatry Examiners; (Sec. 1)

ii. Chiropractic Examiners; (Sec. 2)

iii. Dental Examiners; (Sec. 3)

iv. Arizona Medical Board; (Sec. 4)

v. Naturopathic Physicians Medical Board; (Sec. 5)

vi. Nursing; (Sec. 6)

vii. Dispensing Opticians; (Sec. 7)

viii. Optometry; (Sec. 8)

ix. Osteopathic Examiners; (Sec. 9)

x. Pharmacy; (Sec. 10)

xi. Physical Therapy; (Sec. 11)

xii. Psychologist Examiners; (Sec. 12)

xiii. Arizona Regulatory Board of Physician Assistants; (Sec. 13)

xiv. Homeopathic and Integrated Medicine Examiners; (Sec. 15)

xv. Behavioral Health Examiners; (Sec. 16)

xvi. Occupational Therapy Examiners; (Sec. 17)

xvii. Respiratory Care Examiners; (Sec. 18)

xviii. Acupuncture Board of Examiners; (Sec. 19)

xix. Athletic Training; (Sec. 20)

xx. Massage Therapy; (Sec. 21)

xxi. Examiners of Nursing Care Institution Administrators and Assisted Living Facility Managers; (Sec. 22)

Health Profession Regulatory Board Oversight Council

3. Establishes the Health Profession Regulatory Board Oversight Council (Council) consisting of 3 members, each of whom is a current executive director of a health board and appointed by the Governor. (Sec. 14)

4. Requires the initial Council members to be appointed by January 1, 2026, for staggered three-year terms. (Sec. 14)

5. Restricts an executive director from serving on the Council for at least two full terms before reappointment. (Sec. 14)

6. Prohibits an executive director from refusing appointment to the Council. (Sec. 14)

7. Prohibits an executive director of a health profession regulatory board who is serving on the Council from reviewing or overseeing any matter relating to that executive director's health profession regulatory board. (Sec. 14)

8. Allows Council members to use their own health board staff and facilities to facilitate the business of the Council. (Sec. 14)

9. Outlines the Council's duties which include to review and approve or deny market-sensitive action taken or decisions made by a health profession regulatory board on or after January 1, 2026. (Sec. 14)

10. Defines market-sensitive action as actions or decisions by a health profession regulatory board that create barriers to market participation and restrict competition, including:

a) modifying examination passage scores;

b) adopting or modifying advertising restrictions;

c) changing fees or civil penalties;

d) expanding or restricting the scope of practice of licensee or certificate holder; and

e) demonstrating a pattern of disciplinary or discriminatory actions that create barriers to market participation. (Sec. 14)

11. Defines pertinent terms. (Sec. 14)

Miscellaneous

12. Instructs each health profession regulatory board, by November 1, 2025, to submit a report to the Executive and Legislature outlining the laws, rules and internal processes that dictate specified information. (Sec. 23)

13. Provides legislative intent language relating to the reporting requirement. (Sec. 23)

14. Repeals the reporting requirement July 1, 2026. (Sec. 23)

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18.                   SB 1235

19. Initials PB           Page 0 House Engrossed

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