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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
nursing board; regulatory actions; expungement
Purpose
Prescribes complaint and investigation procedures for the Arizona Board of Nursing (AZBN). Establishes a process for the AZBN to expunge certain disciplinary actions imposed on a licensee or certificate holder. Expands the definition of unprofessional conduct for the practice of nursing.
Background
The AZBN is established to protect and promote the welfare of the public by ensuring that each person holding a nursing license or certificate is competent to practice safely. Professions licensed and regulated by the AZBN include registered nurses, licensed practical nurses, advanced practice registered nurses, nursing assistants and licensed health aides.
The AZBN fulfills its mission through: 1) adopting rules pertaining to the practice of nursing; 2) approving regulated training and educational programs; 3) establishing approval and reapproval processes for nursing and nursing assistant training programs; 4) preparing and maintaining a list of approved nursing programs; 5) examining qualified applicants; 6) issuing and renewing nursing licenses or certifications; and 7) investigating complaints, conducting hearings and taking disciplinary actions against a licensee or certificate holder who has engaged in unprofessional conduct or violated state statute or rules governing the practice of nursing, including license suspension or revocation. Persons seeking to be licensed or certified by the AZBN must meet outlined requirements, including completing an appropriate program, filing an application with the AZBN, paying the prescribed fee and any additional requirements as determined by the AZBN (A.R.S. Title 32, Chapter 15).
The Joint Legislative Budget Committee fiscal note estimates that H.B. 2408 will generate additional costs of up to $2.9 million from the AZBN Fund. The actual cost will depend on implementation of the bill, including the target caseload per investigator in order to complete complaint investigations within the bill's statutory timeframe (JLBC Fiscal Note).
Provisions
Powers and Duties of the AZBN
1. Requires the AZBN to post all written substantive policies in a clearly identifiable section on the AZBN's public website.
2. Removes the authority of the AZBN over a prelicensure nursing program that is accredited by a national nursing accreditation agency if the program falls below the standards prescribed by the AZBN in its rules.
3. Requires the AZBN, if an approved nursing program is not maintaining the required standards, to give written notice, rather than immediately give written notice, to the program specifying the defects.
4. Allows the AZBN to take prescribed actions if the defects are not corrected within the time as prescribed by the AZBN by rule, rather than within a reasonable time as determined by the AZBN.
5. Requires the AZBN to transfer, within five business days, any complaint it receives against a nursing program or nursing school to the State Board for Private Postsecondary Education, the Arizona Board of Regents or the community college district governing board, as applicable.
Complaint Investigations and Confidentiality
6. Requires the AZBN to require complainants to identify themselves in the complaint and make themselves available for an evidentiary interview.
7. Allows complainants to request that their identity remain confidential during the investigatory process.
8. States that, if the investigatory process results in a determination that a violation of law may have occurred, the respondent is entitled to review the complete investigatory file, including the identity of the complainant except on finding cause that a complainant may reasonably fear retaliation or be endangered.
9. Allows the AZBN, on finding cause that a complainant may reasonably fear retaliation or be endangered if the complainant's identity is revealed or if the complaint directly impacts patient safety, to continue to maintain the complainant's confidentiality from the licensee until the conclusion of the administrative process.
10. Allows the AZBN to conduct a closed evidentiary hearing if the complainant requests that the complainant's identity remain private and the AZBN has a reasonable basis to conduct the hearing.
11. Allows a complainant's anonymity to continue until evidence by the complainant is required at an administrative proceeding or a legal proceeding.
12. Allows the AZBN to take action on a complaint, if the complainant refuses to identify himself or herself, only if the AZBN has sufficient information that a violation may have occurred within its jurisdiction that directly impacts the safety of patients without the testimony of the anonymous complainant.
13. Requires the AZBN to limit an investigation of a complaint to those investigative subjects and actions that are relevant and material to the issues raised in the complaint and that would reasonably be taken to investigate the issues in the complaint.
14. States that the limitation on an investigation to relevant subjects and actions does not prohibit the AZBN from investigating any issue or evidence of unprofessional conduct that is discovered or brought to the attention of the AZBN during the investigation of the original complaint.
15. Requires the AZBN, on reasonable belief that a crime has been committed, to report the alleged criminal conduct to the appropriate criminal justice agency.
16. Requires the AZBN, if the AZBN has a reasonable belief that conduct by a licensed, permitted or certificated individual or other entity over which the AZBN does not have jurisdiction may violate the law or codes of conduct, to report the conduct to the appropriate state regulatory board or state agency that the AZBN reasonably believes has jurisdiction.
17. Requires the AZBN to implement a policy prioritizing complaints based on the harm to a patient or potentially to the public.
18. Requires the AZBN to assign the highest priority to complaints alleging sexual misconduct with a patient, criminal assault or theft or providing services while under the influence of any illegal or legal substance that impairs the licensee or certificate holder.
19. Requires the AZBN to provide the respondent with a written notice, stating:
a) that there is an open investigation;
b) the substance of the complaint,
c) that the respondent has the right to be represented by legal counsel; and
d) that the respondent has at least 15 business days after receiving the written notice before the AZBN requires a response.
20. Requires the written notice to also inform the respondent that the AZBN may use any statement the respondent makes against the respondent.
21. Allows the respondent to waive the 15-day time frame by written communication.
22. Allows the AZBN or its designee, if the AZBN determines that a psychological, psychiatric or other medical evaluation of the licensee or certificate holder is essential to make a decision regarding a complaint and orders the licensee or certificate holder to obtain an evaluation, and the licensee or certificate holder requests that the evaluation be made by a professional other than the professional recommended by the AZBN, to accept and approve an evaluation from a professional who has the credentials, training, expertise and impartiality required to address the issues the AZBN has requested in its order.
23. Prohibits the AZBN from requiring the licensee or certificate holder to be evaluated only by a professional whose name is provided in a list by the AZBN to the licensee or certificate holder.
24. Requires the AZBN, within 180 days after receiving a complaint against a licensee or certificate holder, to do one of the following:
a) submit the investigation for review;
b) administratively dismiss the complaint if the AZBN finds it is unsubstantiated; or
c) report a determination either that the complaint investigation cannot be reasonably completed within 180 days due to the complexity of the matter, the respondent's request for additional time to respond or causing delays in the investigation or the failure of a person or entity to timely respond to an AZBN subpoena.
25. Requires the AZBN, if a determination is made, to take one of the following actions within the 180-day period:
a) continue the investigation for an additional 100 days to complete the investigation and proceed with the administrative procedure to submit the complaint for final AZBN review and action; or
b) administratively dismiss the complaint without prejudice.
26. Allows the AZBN, if the AZBN administratively dismisses the complaint without prejudice, to reopen the investigation only if the AZBN receives additional evidence, information or testimony sufficient to conclude the investigation within two years after the administrative dismissal.
27. States that, if another health profession regulatory board or a criminal justice agency is investigating the circumstances alleged in a complaint, the 180-day time frame is suspended until the investigation is completed.
Access to Investigative Files
28. Requires the AZBN to provide notice to a respondent at least 15 business days before a meeting of the AZBN to review the status of an investigation.
29. Requires the AZBN to provide the respondent with access to the investigative file by either of the following methods at the discretion of the respondent:
a) allow the respondent to review the file at the AZBN office and receive copies; or
b) provide the file to the respondent or the respondent's attorney by electronic transmission.
30. Prohibits a person who obtains investigative information from the AZBN from releasing the information to any other person or entity or using the information in any proceeding or action except in connection with the AZBN's review of the investigation, the disciplinary interview and any administrative proceeding or appeal related to the disciplinary interview or hearing.
31. States that a person who violates the investigative information release prohibition commits an act of unprofessional conduct.
32. Prohibits the AZBN from making an administrative dismissal or non-disciplinary remedial action publicly available or reporting the action to the National Practitioner Data Bank, consistent with federal law.
Expungement of Disciplinary Actions
33. Allows the AZBN to grant a request for expungement of a disciplinary action previously imposed against a licensee or certificate holder, whether formal or informal, only as authorized by statute.
34. Allows the AZBN to grant an expungement of a disciplinary action only once for a licensee or certificate holder.
35. Requires any request for expungement to be made in writing and comply with statute.
36. Requires any disciplinary action arising from the failure to timely renew a license or certificate, the failure to complete continuing education or a documentation error to be expunged by the AZBN, if all of the following apply:
a) the disciplinary action is at least two years old;
b) the terms of the disciplinary action have been met; and
c) there have been no subsequent violations of any other provisions of the nursing regulatory statute or the rules adopted in accordance with statute.
37. Allows the AZBN to expunge any other disciplinary action if all of the following apply:
a) the disciplinary action at issue is at least five years old;
b) the terms of the disciplinary action have been met;
c) there have been no subsequent violations of any other provisions of the nursing regulatory statutes or the rules adopted in accordance with statute; and
d) the licensee or certificate holder has had a total of no more than two disciplinary actions imposed, including the disciplinary action for which expungement is requested, by the AZBN or any other regulatory board or authority from Arizona or any other state.
38. Prohibits the AZBN from granting a request for expungement if any of the following applies to the disciplinary action for which expungement is requested:
a) the disciplinary action was based on a criminal conviction resulting from:
i. assault, abuse, fraud or any other felonious conduct that resulted in physical or financial harm to or the death of an individual; or
ii. attempted murder, assault, abuse or fraud;
b) the licensee or certificate holder assaulted or abused a patient;
c) the licensee's or certificate holder's conduct caused harm or death to a patient;
d) the licensee or certificate holder committed sexual misconduct with a patient;
e) the licensee or certificate holder was practicing while impaired; or
f) the licensee or certificate holder committed fraud or falsified records in a health care setting.
39. Requires the AZBN to report an expungement to any national database to which the AZBN previously reported the disciplinary action.
40. States that a licensee or certificate holder is not required to report an expunged disciplinary action on any future application for issuance or renewal of a license, permit or certificate to any regulatory board or agency in Arizona.
Burden of Proof and Liability
41. States that the AZBN has the burden of proof by clear and convincing evidence for disciplinary matters brought in accordance with the nursing regulatory statutes except for matters involving sexual conduct with a current or former patient.
42. Allows a licensee or certificate holder or the subject of a AZBN investigation who was damaged by the AZBN's failure to comply with the nursing regulatory statutes to seek damages, including attorney fees, in a civil legal proceeding.
43. Allows an AZBN member or staff member to be held personally liable only if the person's conduct was reckless, malicious or wilful.
Miscellaneous
45. Defines sexual conduct as including:
a) engaging in or soliciting a sexual relationship, whether consensual or nonconsensual;
b) making sexual advances, requesting sexual favors or engaging in any other verbal conduct or physical conduct of a sexual nature; and
c) intentionally viewing a completely or partially disrobed patient in the course of treatment if the viewing in not related to patient diagnosis or treatment under current practice standards.
46. Defines investigative file as including:
a) any witness or complainant statement and any documentary evidence obtained during the investigation;
b) any review conducted by an expert or consultant providing an evaluation of or opinion on the allegations;
c) any records on the patient obtained by the AZBN from other health care providers;
d) the results of any evaluation or test of the licensee or certificate holder conducted at the AZBN's direction;
e) any other factual information that the AZBN will use in making its determination; and
f) any recommendation to the AZBN for the disposition of the investigation.
47. Defines without prejudice to mean that the AZBN may open another complaint based on the same set of facts of a complaint that has been dismissed if additional evidence or information becomes available to substantiate the complaint.
48. Makes technical and conforming changes.
49. Becomes effective on the general effective date.
House Action
HHS 2/19/26 DPA 7-4-1-0
3rd Read 3/3/26 41-14-4-0-1
Prepared by Senate Research
March 20, 2026
JT/ci