HB2072 - 572R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-414, Arizona Revised Statutes, is amended to read:

START_STATUTE36-414. Health services licensing fund; exemption

A. The health services licensing fund is established consisting of monies deposited pursuant to sections 30-654, 32-1308, 32-2805, 36-405, 36-765.05, 36-766.06, 36-767.05, 36-851.01, 36-882, 36-897.01, 36-1903, 36-2063 and 36-4204. The department of health services shall administer the fund.

B. Monies in the fund are subject to legislative appropriation.

C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. END_STATUTE

Sec. 2. Title 36, chapter 6, Arizona Revised Statutes, is amended by adding article 7.3, to read:

ARTICLE 7.3. LACTATION CARE PROVIDERS

START_STATUTE36-767. Definitions

In this article, unless the context otherwise requires:

1. "Approved certification" means one of the following:

(a) An international board-certified lactation consultant certification.

(b) A certified lactation counselor certification.

(d) An indigenous lactation counselor certification.

(e) Any other lactation care provider certification from a program accredited by a nationally or internationally recognized accrediting agency that is approved by the department.

2. "Department" means the department of health services.

3. "Director" means the director of the department.

4. "Lactation care provider" means a person who provides clinical or nonclinical lactation care, education and support to families.

5. "State-certified lactation care provider" means a lactation care provider to whom the department has issued a certificate to practice as a certified lactation care provider in this state. END_STATUTE

START_STATUTE36-767.01. Application for certificate; certification; fingerprinting; renewal

A. A person may apply to the director for a certificate to practice as a state-certified lactation care provider on a form prescribed by the director and shall furnish the information required by the director.

B. The director shall grant a lactation care provider certificate to a person who meets all of the following:

1. Holds a current approved certification or otherwise meets minimum qualifications, education and training requirements established by the director.

2. Is at least eighteen years of age.

3. Pays the applicable fees. the director shall prescribe by rule a sliding fee scale for all fees required by this article.

4. Possesses a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.

C. a lactation care provider certificate is valid for two years. the CERTIFICATE holder shall renew the certificate once every two years by applying to the director and paying the applicable renewal fee. a person shall file an application for renewal at least thirty days and not more than ninety days before the date the current certificate expires. END_STATUTE

START_STATUTE36-767.02. Powers and duties of the director; rules; waiver

A. The director, by rule, shall:

1. Outline the scope of practice and the core competencies of state-certified lactation care providers, including the skills and areas of knowledge that are essential to assist families and bring about expanded health and wellness in diverse communities.

2. Describe and define reasonable education and training requirements for state-certified lactation care providers.

3. Establish criteria for granting, denying, suspending and revoking state-certified lactation care provider certificates in order to protect the public health and safety.

B. The director may adopt rules:

1. That are necessary for the proper administration and enforcement of this article.

2. That allow for reciprocity agreements, including with the indian health service.

C. The director shall waive the minimum education and training requirements for certification for applicants who hold a current approved certification. END_STATUTE

START_STATUTE36-767.03. Denial, suspension or revocation of certificate; hearings; tribal jurisdiction

A. The director may deny, suspend or revoke the certificate of any applicant for a certificate or any state-certified lactation care provider who:

1. Violates any provision of this article or rule adopted pursuant to this article.

2. Has been convicted of a felony or misdemeanor involving moral turpitude.

3. Indulges in conduct or a practice that is detrimental to the public health or safety.

B. After receiving notification of a denial, suspension or revocation pursuant to subsection a of this section, the applicant or state-certified lactation care provider may request a hearing to review the denial, suspension or revocation and, if requested, the department shall conduct the hearing pursuant to title 41, chapter 6, article 10.

C. A state-certified lactation care provider who is employed by an Indian tribe and who violates this section shall be under tribal government jurisdiction. If the state-certified lactation care provider is determined to have violated this section, the information provided to the director may result in the denial, suspension or revocation of the state-certified lactation care provider's certification. Internal hearings, appeals or penalties resulting from disciplinary actions by a tribal government are deemed to be the final decision in accordance with this section. END_STATUTE

START_STATUTE36-767.04. Investigations; evidence

The director may investigate information that indicates a person may have violated or may be violating this article. In connection with an investigation, the director may examine and copy documents and other physical evidence, wherever located, that relate to the conduct or competency of a state-certified lactation care provider pursuant to the requirements of this article. END_STATUTE

START_STATUTE36-767.05. Fees

THE DIRECTOR, BY RULE, SHALL ESTABLISH AND COLLECT NONREFUNDABLE FEES FOR CERTIFICATION of LACTATION CARE PROVIDERS under this article THAT ARE CONSISTENT WITH FEES PRESCRIBED PURSUANT TO SECTION 36-1908. THE DEPARTMENT SHALL DEPOSIT, pursuant to sections 35-146 and 35-147, all FEES collected pursuant to this section IN A SEGREGATED ACCOUNT IN THE HEALTH SERVICES LICENSING FUND ESTABLISHED BY SECTION 36-414. END_STATUTE

START_STATUTE36-767.06. Certification not required

THIS ARTICLE DOES NOT REQUIRE LACTATION CARE PROVIDERS TO BE CERTIFIED BY THE DEPARTMENT IN ORDER TO PRACTICE in this state AS A LACTATION CARE PROVIDER. END_STATUTE

START_STATUTE36-767.07. Public contracts; preference prohibited

THIS STATE AND ANY POLITICAL SUBDIVISION OF THE STATE MAY NOT PROVIDE A PREFERENCE IN AWARDING A PUBLIC CONTRACT FOR STATE-CERTIFIED LACTATION CARE PROVIDER SERVICES OR AN ENTITY THAT EMPLOYS STATE-CERTIFIED LACTATION CARE PROVIDERS. END_STATUTE

START_STATUTE36-767.08. Lactation care providers community advisory committee; members; duties

A. THE LACTATION CARE PROVIDERS COMMUNITY ADVISORY COMMITTEE IS ESTABLISHED CONSISTING OF AT LEAST NINE LACTATION CARE PROVIDERS, NOt MORE THAN FOUR OF WHOM HOLD THE SAME APPROVED CERTIFICATION, WHO ARE APPOINTED BY THE DIRECTOR. THE TERM FOR each ADVISORY COMMITTEE MEMBER IS TWO YEARS.

B. THE DIRECTOR SHALL CONSULT WITH THE ADVISORY COMMITTEE REGARDING IMPLEMENTING THIS ARTICLE AND THE RULES ADOPTED PURSUANT TO THIS ARTICLE. THE ADVISORY COMMITTEE SHALL:

1. ASSIST IN the DEVELOPMENT OF THE SCOPE OF PRACTICE AND CORE COMPETENCIES FOR state-CERTIFIED LACTATION CARE PROVIDERS WITH DIFFERENT APPROVED CERTIFICATIONS.

2. REVIEW RULES AND ADVISE THE DIRECTOR OF ANY NECESSARY UPDATES. END_STATUTE

Sec. 3. Section 41-619.51, Arizona Revised Statutes, is amended to read:

START_STATUTE41-619.51. Definitions

In this article, unless the context otherwise requires:

1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, the board of massage therapy, the board of behavioral health examiners or the Arizona department of housing.

2. "Board" means the board of fingerprinting.

3. "Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41-619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8-804.

4. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present.

5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41-619.55.

6. "Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following:

(a) Section 3-314.

(b) Section 8-105.

(d) Section 8-463.

(e) Section 8-509.

(f) Section 8-802.

(g) Section 8-804.

(h) Section 15-183.

(i) Section 15-503.

(j) Section 15-512.

(k) Section 15-534.

(l) Section 15-763.01.

(m) Section 15-782.02.

(n) Section 15-1330.

(o) Section 15-1881.

(p) Section 17-215.

(q) Section 28-3228.

(r) Section 28-3413.

(s) Section 32-122.02.

(t) Section 32-122.05.

(u) Section 32-122.06.

(v) Section 32-823.

(w) Section 32-1232.

(x) Section 32-1276.01.

(y) Section 32-1284.

(z) Section 32-1297.01.

(aa) Section 32-1904.

(bb) Section 32-1941.

(cc) Section 32-1982.

(dd) Section 32-2022.

(ee) Section 32-2063.

(ff) Section 32-2108.01.

(gg) Section 32-2123.

(hh) Section 32-2371.

(ii) Section 32-3271.

(jj) Section 32-3430.

(kk) Section 32-3620.

(ll) Section 32-3668.

(mm) Section 32-3669.

(nn) Section 32-3922.

(oo) Section 32-3924.

(pp) Section 32-4128.

(qq) Section 32-4222.

(rr) Section 36-113.

(ss) Section 36-207.

(tt) Section 36-411.

(uu) Section 36-425.03.

(vv) Section 36-446.04.

(ww) Section 36-594.01.

(xx) Section 36-594.02.

(yy) Section 36-766.01.

(zz) Section 36-767.01.

(zz) (aaa) Section 36-882.

(aaa) (bbb) Section 36-883.02.

(bbb) (ccc) Section 36-897.01.

(ccc) (ddd) Section 36-897.03.

(ddd) (eee) Section 36-1940.

(eee) (fff) Section 36-1940.01.

(fff) (ggg) Section 36-2069.

(ggg) (hhh) Section 36-3008.

(hhh) (iii) Section 41-619.53.

(iii) (jjj) Section 41-1964.

(jjj) (kkk) Section 41-1967.01.

(kkk) (lll) Section 41-1968.

(lll) (mmm) Section 41-1969.

(mmm) (nnn) Section 41-2814.

(nnn) (ooo) Section 41-4025.

(ooo) (ppp) Section 46-141, subsection A or B.

(ppp) (qqq) Section 46-321.END_STATUTE

Sec. 4. Section 41-1758, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1758. Definitions

In this article, unless the context otherwise requires:

1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, the board of massage therapy, the board of behavioral health examiners or the Arizona department of housing.

2. "Division" means the fingerprinting division in the department of public safety.

3. "Electronic or internet-based fingerprinting services" means a secure system for digitizing applicant fingerprints and transmitting the applicant data and fingerprints of a person or entity submitting fingerprints to the department of public safety for any authorized purpose under this title. For the purposes of this paragraph, "secure system" means a system that complies with the information technology security policy approved by the department of public safety.

4. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41-619.55.

5. "Person" means a person who is required to be fingerprinted pursuant to any of the following:

(a) Section 3-314.

(b) Section 8-105.

(d) Section 8-463.

(e) Section 8-509.

(f) Section 8-802.

(g) Section 15-183.

(h) Section 15-503.

(i) Section 15-512.

(j) Section 15-534.

(k) Section 15-763.01.

(l) Section 15-782.02.

(m) Section 15-1330.

(n) Section 15-1881.

(o) Section 17-215.

(p) Section 28-3228.

(q) Section 28-3413.

(r) Section 32-122.02.

(s) Section 32-122.05.

(t) Section 32-122.06.

(u) Section 32-823.

(v) Section 32-1232.

(w) Section 32-1276.01.

(x) Section 32-1284.

(y) Section 32-1297.01.

(z) Section 32-1904.

(aa) Section 32-1941.

(bb) Section 32-1982.

(cc) Section 32-2022.

(dd) Section 32-2063.

(ee) Section 32-2108.01.

(ff) Section 32-2123.

(gg) Section 32-2371.

(hh) Section 32-3271.

(ii) Section 32-3430.

(jj) Section 32-3620.

(kk) Section 32-3668.

(ll) Section 32-3669.

(mm) Section 32-3922.

(nn) Section 32-3924.

(oo) Section 32-4128.

(pp) Section 32-4222.

(qq) Section 36-113.

(rr) Section 36-207.

(ss) Section 36-411.

(tt) Section 36-425.03.

(uu) Section 36-446.04.

(vv) Section 36-594.01.

(ww) Section 36-594.02.

(xx) Section 36-766.01.

(yy) Section 36-767.01.

(yy) (zz) Section 36-882.

(zz) (aaa) Section 36-883.02.

(aaa) (bbb) Section 36-897.01.

(bbb) (ccc) Section 36-897.03.

(ccc) (ddd) Section 36-1940.

(ddd) (eee) Section 36-1940.01.

(eee) (fff) Section 36-2069.

(fff) (ggg) Section 36-3008.

(ggg) (hhh) Section 41-619.52.

(hhh) (iii) Section 41-619.53.

(iii) (jjj) Section 41-1964.

(jjj) (kkk) Section 41-1967.01.

(kkk) (lll) Section 41-1968.

(lll) (mmm) Section 41-1969.

(mmm) (nnn) Section 41-2814.

(nnn) (ooo) Section 41-4025.

(ooo) (ppp) Section 46-141, subsection A or B.

(ppp) (qqq) Section 46-321.

6. "Rap back services" has the same meaning prescribed in section 41-1750.

7. "Vulnerable adult" has the same meaning prescribed in section 13-3623. END_STATUTE

Sec. 5. Section 41-1758.01, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1758.01. Fingerprinting division; powers and duties

A. The fingerprinting division is established in the department of public safety and shall:

1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 3-314, 8-105, 8-322, 8-463, 8-509, 8-802, 15-183, 15-503, 15-512, 15-534, 15-763.01, 15-782.02, 15-1330, 15-1881, 17-215, 28-3228, 28-3413, 32-122.02, 32-122.05, 32-122.06, 32-823, 32-1232, 32-1276.01, 32-1284, 32-1297.01, 32-1904, 32-1941, 32-1982, 32-2022, 32-2063, 32-2108.01, 32-2123, 32-2371, 32-3271, 32-3430, 32-3620, 32-3668, 32-3669, 32-3922, 32-3924, 32-4128, 32-4222, 36-113, 36-207, 36-411, 36-425.03, 36-446.04, 36-594.01, 36-594.02, 36-766.01, 36-767.01, 36-882, 36-883.02, 36-897.01, 36-897.03, 36-1940, 36-1940.01, 36-2069, 36-3008, 41-619.52, 41-619.53, 41-1964, 41-1967.01, 41-1968, 41-1969, 41-2814 and 41-4025, section 46-141, subsection A or B and section 46-321.

2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card.

3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41-619.53 and deposit, pursuant to sections 35-146 and 35-147, the monies collected in the board of fingerprinting fund.

4. Inform in writing each person who submits fingerprints for a fingerprint background check of the right to petition the board of fingerprinting for a good cause exception pursuant to section 41-1758.03, 41-1758.04 or 41-1758.07.

5. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, inform the person in writing that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.

6. Notify the person in writing if the division suspends, revokes or places a driving restriction notation on a fingerprint clearance card pursuant to section 41-1758.04. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction notation was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.

7. Administer and enforce this article.

B. The fingerprinting division may contract for electronic or internet-based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15-106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with:

1. All information privacy and security measures and submission standards established by the department of public safety.

2. The information technology security policy approved by the department of public safety. END_STATUTE