abortion; repeals

SB1218 - 572R - I Ver

REFERENCE TITLE:
abortion; repeals

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1218

Introduced by

Senators
Ortiz: Gonzales, Sears

AN
ACT

repealing sections 1-219, 13-3603.01,
13-3603.02, 13-3605, 15-115, 15-115.01 and 15-1630, Arizona Revised
Statutes; amending section 15-1637, Arizona Revised Statutes; repealing
section 20-121, Arizona Revised Statutes; amending sections 32-1401, 32-1408,
32-1451.04, 32-1601, 32-1606, 32-1607, 32-1807,
32-1854, 32-1901, 32-2501, 32-2508, 32-2531, 32-2532 and
32-3217, Arizona Revised Statutes; repealing sections 32-3246 and 35-196.02,
Arizona Revised Statutes; amending sections 35-196.04, 35-196.05,
36-301, 36-402, 36-404 and 36-427, Arizona Revised Statutes; repealing title
36, chapter 4, article 10, Arizona Revised Statutes; repealing title 36,
chapter 20, Arizona Revised Statutes; repealing title 36, chapter 23, articles
1 and 3, Arizona Revised Statutes; amending section 36-2907, Arizona Revised
Statutes; repealing section 36-3604, Arizona Revised Statutes; amending
sections 41-1033, 41-1080.01, 41-1093, 43-1088, 44-132 and 48-2212,
Arizona Revised Statutes; relating to abortion.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1.
Repeal

Sections 1-219, 13-3603.01,
13-3603.02, 13-3605, 15-115, 15-115.01 and 15-1630, Arizona Revised Statutes,
are repealed.

Sec. 2. Section 15-1637, Arizona Revised
Statutes, is amended to read:

START_STATUTE
15-1637.

Lease of property for health care institutions; requirements;
conditions; reports; directors, members and officers of nonprofit corporation;
definition

A. The Arizona board of regents may lease real
property, improvements or personal property owned by the board to a nonprofit
corporation as lessee for purposes of operating a health care institution as
defined in section 36-401. If the board leases such property
for such purposes, whether title to improvements on the property rests in the
board or in the lessee, the lease agreement and any amendments, renewals or
extensions of the agreement shall be deemed binding and effective according to
its terms. If, under the provisions of the lease, improvements or
personal property related to the operation of a health care institution are
conveyed to the nonprofit corporation,
they shall be

the improvements or personal property are
presumed to have been
conveyed for their then fair market value.

B. Any lease agreement entered into pursuant to
subsection A of this section may, at the discretion of the Arizona board of
regents, contain provisions requiring the nonprofit corporation to acquire the
approval of the Arizona board of regents
prior to

before
entering into any business transactions that may
adversely affect the interests of this state or that are contained in
subsection G, paragraph 2 of this section. The Arizona board of regents shall
specify in the lease agreement the type and nature of such transactions
which

that
require prior approval of the
board.

C. To satisfy the requirements of section 103 of the
internal revenue code, as defined in section 43-105, any nonprofit
corporation
which

that
is a lessee
as described in subsection A of this section is declared to be:

1. A validly organized and existing body politic and
corporate exercising its powers for the benefit of the people, to improve their
health and welfare and to increase their prosperity.

2. Engaged in a purpose essential to public health
care.

3. Performing an essential governmental function.

D. Any nonprofit corporation
which

that
is a lessee as described in subsection A of this
section is exempt from property taxation by this state or any agency or
subdivision of this state and possesses and may exercise only those powers of
the Arizona board of regents
which

that
are
delegated to the nonprofit corporation by the Arizona board of regents and
which

that
are necessary to satisfy the
requirements of section 103 of the internal revenue code, as defined in section
43-105, as specified in the terms, conditions, restrictions and
agreements of the lease agreement. These powers are in addition to
all those powers granted to a nonprofit corporation by title 10, chapters 24
through 40.

E. Any nonprofit corporation
which

that
is a lessee as described in subsection A of this
section may issue bonds and incur obligations and pledge its revenues as
security for the payment of the bonds or other obligations for health care
institutional purposes to the extent provided by the lease agreement or
amendments, renewals or extensions of the agreement.
Nothing
in
This section
shall be construed to

does not
authorize the incurrence of a debt by the state within
the meaning of any constitutional restriction on debt.

F. Except as provided in subsection G of this
section, any nonprofit corporation
which

that

is a lessee as described in subsection A of this section may acquire by
purchase
,

or
lease or
otherwise
,
and may operate
,

other health care institutions and real and personal property for purposes of
providing products and services related to the operation of health care
institutions
that are
owned, leased or operated by
it

the nonprofit corporation
. Such

an
acquisition or operation does not affect the powers, rights,
privileges or immunities conferred on
such

that

nonprofit corporation by this section.

G.
No

A
nonprofit
corporation
which

that
is a lessee
as described in subsection A of this section shall
not
:

1. Until September 1, 1986 enter into any agreement
with a county or a nonprofit corporation to which property is conveyed pursuant
to section 11-256.03, subsection A if the agreement provides for the
conveyance of any ownership interest whatever in the nonprofit corporation to
which property is conveyed pursuant to section 11-256.03, subsection A or
in the property described in section 11-256.03, subsection
A. After August 31, 1986 any such agreement must be approved by the
Arizona board of regents and the legislature. This subsection does
not prevent the grant of an option to purchase such property, provided that the
option may not be exercised before September 1, 1986 and the exercise of the
option must be approved by the Arizona board of regents and the
legislature. Under no circumstances shall any state general fund
monies be used to acquire any interest in such property.

2. Own, lease, manage or operate any other health
care institution or other real or personal property unless
such

the
acquisition, management or operation either:

(a) Relates to and furthers the educational or
research purposes and goals of the university of Arizona hospital.

(b) Promotes the efficient and economical operation
of the university of Arizona hospital or any other health care institution
acquired pursuant to paragraph 1 of this subsection.

H. A nonprofit corporation
which

that
is a lessee as described in subsection A of this
section may manage and operate property described in section 11-256.03,
subsection A subject to the restrictions of subsection G of this
section. Any management or operation agreement shall provide that
the nonprofit corporation
which

that
is
a lessee as described in subsection A of this section
shall

is
not
be
liable for any bonds or
other obligation of any kind relating to the ownership or operation of the
property described in section 11-256.03, subsection A incurred before the
property is conveyed to
such

the
nonprofit
corporation in accordance with subsection G of this section.

I. A health care institution which is
the subject of a lease agreement as described in subsection A of this section
is subject to section 15-1630.

J.

i.
A
nonprofit corporation
which

that
is
a lessee as described in subsection A of this section shall make semiannual
progress reports as to
its

the nonprofit
corporation's
financial status and deliver
them

the reports
on January 1 and July 1 of each year to the Arizona
board of regents, the president of the senate, the speaker of the house of
representatives and the governor. The nonprofit corporation shall present an
independently audited financial statement to the auditor general within ninety
days
of

after
the close of the
previous fiscal year. The auditor general shall review such
statements and transmit them together with a report to officers entitled to
receive progress reports by this subsection.

K.

J.
Any
nonprofit corporation
which

that
is
a lessee as described in subsection A of this section shall:

1. Be organized as a nonprofit corporation pursuant
to title 10, chapters 24 through 40 only
upon

on
the approval of the Arizona board of regents.

2. Be governed by a board of directors, the members
of which are appointed by the Arizona board of regents, provided that no more
than forty-nine
per cent

percent
of
the members of such board of directors of the nonprofit corporation shall be
officers or employees of this state and of such forty-nine
per
cent

percent
only two members of such board of
directors may be members of the Arizona board of regents. Members of
the Arizona board of regents who are appointed to the board of directors of
such nonprofit corporation shall be residents of different counties unless all
members of the board of regents are residents of the same county.

3. Be organized under articles of incorporation or
bylaws approved by the Arizona board of regents
,
which
shall provide among other things that:

(a) No earnings of the nonprofit corporation shall
inure to the benefit of or be distributable to its members, directors, officers
or other individuals, except that the nonprofit corporation shall be authorized
to pay reasonable compensation for services rendered to it by individuals other
than members of the board of directors of the nonprofit corporation acting
solely in such capacity, to reimburse expenses in connection with services
rendered to or expenses incurred on behalf of the nonprofit corporation and to
make payments and distributions in furtherance of the purposes of the nonprofit
corporation.

(b)
Upon

On
the
dissolution or liquidation of the nonprofit corporation, the board of directors
of the nonprofit corporation
shall
, after paying or making
provision for the payment of all of the liabilities of the nonprofit
corporation,
shall
distribute all of the assets of the
nonprofit corporation to the Arizona board of regents or its successor.

(c) Neither the articles of incorporation nor the
bylaws of the nonprofit corporation shall be amended without the approval of
the Arizona board of regents.

(d) The board of directors of the nonprofit
corporation may adopt nondiscriminatory rules and regulations providing for the
use of the university of Arizona hospital by, and staff privileges for, any
persons licensed under title 32, chapter 7, 13 or 17 whether or not such
persons have a faculty teaching appointment with the school of medicine,
providing, however, that such rules and regulations shall contain requirements
sufficient to protect the educational and research purposes and goals of the
university of Arizona hospital.

L.

K.
No

A
member of the Arizona board of
regents who is also a member or director of a nonprofit corporation
which

that
is a lessee as described in
subsection A of this section shall
not
as a regent vote
upon

on
any matter pertaining to such a
corporation as may come before the Arizona board of regents.

M.

L.
For
the purposes of this section "nonprofit corporation" means a
corporation as defined in section 10-3140.
END_STATUTE

Sec. 3.
Repeal

Section 20-121, Arizona Revised
Statutes, is repealed.

Sec. 4. Section 32-1401, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-1401.

Definitions

In this chapter, unless the context otherwise requires:

1. "Active license" means a valid and
existing license to practice medicine.

2. "Adequate records" means legible
medical records, produced by hand or electronically, containing, at a minimum,
sufficient information to identify the patient, support the diagnosis, justify
the treatment, accurately document the results, indicate advice and cautionary
warnings provided to the patient and provide sufficient information for another
practitioner to assume continuity of the patient's care at any point in the
course of treatment.

3. "Advisory
letter" means a nondisciplinary letter to notify a licensee that either:

(a) While there is
insufficient evidence to support disciplinary action, the board believes that
continuation of the activities that led to the investigation may result in
further board action against the licensee.

(b) The violation is a minor or technical violation
that is not of sufficient merit to warrant disciplinary action.

(c) While the licensee has demonstrated substantial
compliance through rehabilitation or remediation that has mitigated the need
for disciplinary action, the board believes that repetition of the activities
that led to the investigation may result in further board action against the
licensee.

4. "Approved hospital internship, residency or
clinical fellowship program" means a program at a hospital that at the
time the training occurred was legally incorporated and that had a program that
was approved for internship, fellowship or residency training by the
accreditation council for graduate medical education, the association of
American medical colleges, the royal college of physicians and surgeons of
Canada or any similar body in the United States or Canada approved by the board
whose function is that of approving hospitals for internship, fellowship or
residency training.

5. "Approved school of medicine" means any
school or college offering a course of study that, on successful completion,
results in the degree of doctor of medicine and whose course of study has been
approved or accredited by an educational or professional association,
recognized by the board, including the association of American medical
colleges, the association of Canadian medical colleges or the American medical
association.

6. "Board" means the Arizona medical
board.

7. "Completed application" means that the
applicant has supplied all required fees, information and correspondence
requested by the board on forms and in a manner acceptable to the board.

8. "Direct supervision" means that a
physician, physician assistant licensed pursuant to chapter 25 of this title or
nurse practitioner certified pursuant to chapter 15 of this title is within the
same room or office suite as the medical assistant in order to be available for
consultation regarding those tasks the medical assistant performs pursuant to
section 32-1456.

9. "Dispense" means the delivery by a
doctor of medicine of a prescription drug or device to a patient, except for
samples packaged for individual use by licensed manufacturers or repackagers of
drugs, and includes the prescribing, administering, packaging, labeling and
security necessary to prepare and safeguard the drug or device for delivery.

10. "Doctor of medicine" means a natural
person holding a license, registration or permit to practice medicine pursuant
to this chapter.

11. "Full-time faculty member" means
a physician who is employed full time as a faculty member while holding the
academic position of assistant professor or a higher position at an approved
school of medicine.

12. "Health care institution" means any
facility as defined in section 36-401, any person authorized to transact
disability insurance, as defined in title 20, chapter 6, article 4 or 5, any
person who is issued a certificate of authority pursuant to title 20, chapter
4, article 9 or any other partnership, association or corporation that provides
health care to consumers.

13. "Immediate family" means the spouse,
natural or adopted children, father, mother, brothers and sisters of the doctor
of medicine and the natural or adopted children, father, mother, brothers and
sisters of the doctor of medicine's spouse.

14. "Letter of reprimand" means a
disciplinary letter that is issued by the board and that informs the physician
that the physician's conduct violates state or federal law and may require the
board to monitor the physician.

15. "Limit" means taking a nondisciplinary
action that alters the physician's practice or professional activities if the
board determines that there is evidence that the physician is or may be
mentally or physically unable to safely engage in the practice of medicine.

16. "Medical assistant" means an
unlicensed person who meets the requirements of section 32-1456, has
completed an education program approved by the board, assists in a medical
practice under the supervision of a doctor of medicine, physician assistant or
nurse practitioner and performs delegated procedures commensurate with the
medical assistant's education and training but does not diagnose, interpret,
design or modify established treatment programs or perform any functions that
would violate any statute applicable to the practice of medicine.

17. "Medically incompetent" means a person
who the board determines is incompetent based on a variety of factors,
including:

(a) A lack of sufficient medical knowledge or
skills, or both, to a degree likely to endanger the health of patients.

(b) When considered with other indications of
medical incompetence, failing to obtain a scaled score of at least seventy-five
percent on the written special purpose licensing examination.

18. "Medical peer review" means:

(a) The participation by a doctor of medicine in the
review and evaluation of the medical management of a patient and the use of
resources for patient care.

(b) Activities relating to a health care
institution's decision to grant or continue privileges to practice at that
institution.

19. "Medicine" means allopathic medicine
as practiced by the recipient of a degree of doctor of medicine.

20. "Office-based surgery" means a
medical procedure conducted in a physician's office or other outpatient setting
that is not part of a licensed hospital or licensed ambulatory surgical center.

21. "Physician" means a doctor of medicine
who is licensed pursuant to this chapter.

22. "Practice of medicine":

(a) Means the diagnosis, the treatment or the
correction of or the attempt or the claim to be able to diagnose, treat or
correct any and all human diseases, injuries, ailments, infirmities or
deformities, physical or mental, real or imaginary, by any means, methods, devices
or instrumentalities, except as the same may be among the acts or persons not
affected by this chapter.

(b) Includes the practice of medicine alone or the
practice of surgery alone, or both.

23. "Restrict" means taking a disciplinary
action that alters the physician's practice or professional activities if the
board determines that there is evidence that the physician is or may be
medically incompetent or guilty of unprofessional conduct.

24. "Special purpose licensing
examination" means an examination that is developed by the national board
of medical examiners on behalf of the federation of state medical boards for
use by state licensing boards to test the basic medical competence of
physicians who are applying for licensure and who have been in practice for a
considerable period of time in another jurisdiction and to determine the
competence of a physician who is under investigation by a state licensing
board.

25. "Teaching hospital's accredited graduate
medical education program" means that the hospital is incorporated and has
an internship, fellowship or residency training program that is accredited by
the accreditation council for graduate medical education, the American medical
association, the association of American medical colleges, the royal college of
physicians and surgeons of Canada or a similar body in the United States or
Canada that is approved by the board and whose function is that of approving hospitals
for internship, fellowship or residency training.

26. "Teaching license" means a valid
license to practice medicine as a full-time faculty member of an approved
school of medicine or a teaching hospital's accredited graduate medical
education program.

27. "Unprofessional conduct" includes the
following, whether occurring in this state or elsewhere:

(a) Violating any federal or state laws, rules or
regulations applicable to the practice of medicine.

(b) Intentionally disclosing a professional secret
or intentionally disclosing a privileged communication except as either act may
otherwise be required by law.

(c) Committing false, fraudulent, deceptive or
misleading advertising by a doctor of medicine or the doctor of medicine's
staff, employer or representative.

(d) Committing a felony, whether or not involving
moral turpitude, or a misdemeanor involving moral turpitude. In
either case, conviction by any court of competent jurisdiction or a plea of no
contest is conclusive evidence of the commission.

(e) Failing or refusing to maintain adequate records
on a patient.

(f) Exhibiting a pattern of using or being under the
influence of alcohol or drugs or a similar substance while practicing medicine
or to the extent that judgment may be impaired and the practice of medicine
detrimentally affected.

(g) Using controlled substances except if prescribed
by another physician for use during a prescribed course of treatment.

(h) Prescribing or dispensing controlled substances
to members of the physician's immediate family.

(i) Prescribing, dispensing or administering
schedule II controlled substances as prescribed by section 36-2513 or the
rules adopted pursuant to section 36-2513, including amphetamines and
similar schedule II sympathomimetic drugs in the treatment of exogenous obesity
for a period in excess of thirty days in any one year, or the nontherapeutic
use of injectable amphetamines.

(j) Prescribing, dispensing or administering any
controlled substance or prescription-only drug for other than accepted
therapeutic purposes.

(k) Dispensing a schedule II controlled substance
that is an opioid, except as provided in sections 32-1491 and 32-3248.03.

(l) Signing a blank, undated or predated
prescription form.

(m) Committing conduct that the board determines is
gross malpractice, repeated malpractice or any malpractice resulting in the
death of a patient.

(n) Representing that a manifestly incurable disease
or infirmity can be permanently cured, or that any disease, ailment or
infirmity can be cured by a secret method, procedure, treatment, medicine or
device, if this is not true.

(o) Refusing to divulge to the board on demand the
means, method, procedure, modality of treatment or medicine used in the
treatment of a disease, injury, ailment or infirmity.

(p) Having action taken against a doctor of medicine
by another licensing or regulatory jurisdiction due to that doctor of
medicine's mental or physical inability to engage safely in the practice of
medicine or the doctor of medicine's medical incompetence or for unprofessional
conduct as defined by that jurisdiction and that corresponds directly or
indirectly to an act of unprofessional conduct prescribed by this paragraph.�
The action taken may include refusing, denying, revoking or suspending a
license by that jurisdiction or a surrendering of a license to that
jurisdiction, otherwise limiting, restricting or monitoring a licensee by that
jurisdiction or placing a licensee on probation by that jurisdiction.

(q) Having sanctions imposed by an agency of the
federal government, including restricting, suspending, limiting or removing a
person from the practice of medicine or restricting that person's ability to
obtain financial remuneration.

(r) Committing any conduct or practice that is or
might be harmful or dangerous to the health of the patient or the public.

(s) Violating a formal order, probation, consent
agreement or stipulation issued or entered into by the board or its executive
director under this chapter.

(t) Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of or conspiring to
violate any provision of this chapter.

(u) Knowingly making any false or fraudulent
statement, written or oral, in connection with the practice of medicine or if
applying for privileges or renewing an application for privileges at a health
care institution.

(v) Charging a fee for services not rendered or
dividing a professional fee for patient referrals among health care providers
or health care institutions or between these providers and institutions or a
contractual arrangement that has the same effect.� This subdivision does not
apply to payments from a medical researcher to a physician in connection with
identifying and monitoring patients for a clinical trial regulated by the
United States food and drug administration.

(w) Obtaining a fee by fraud, deceit or
misrepresentation.

(x) Charging or collecting a clearly excessive
fee. In determining whether a fee is clearly excessive, the board
shall consider the fee or range of fees customarily charged in this state for
similar services in light of modifying factors such as the time required, the
complexity of the service and the skill requisite to perform the service
properly. This subdivision does not apply if there is a clear
written contract for a fixed fee between the physician and the patient that has
been entered into before the provision of the service.

(y) Committing conduct that is in
violation of section 36-2302.

(z)

(
y
)
Using experimental forms of diagnosis and
treatment without adequate informed patient consent, and without conforming to
generally accepted experimental criteria, including protocols, detailed
records, periodic analysis of results and periodic review by a medical peer
review committee as approved by the United States food and drug administration
or its successor agency.

(aa)

(
z
)
Engaging in sexual conduct with a current patient
or with a former patient within six months after the last medical consultation
unless the patient was the licensee's spouse at the time of the contact or,
immediately preceding the physician-patient relationship, was in a dating
or engagement relationship with the licensee. For the purposes of
this subdivision, "sexual conduct" includes:

(i) Engaging in or soliciting sexual relationships,
whether consensual or nonconsensual.

(ii) Making sexual advances, requesting sexual
favors or engaging in any other verbal conduct or physical contact of a sexual
nature.

(iii) Intentionally viewing a completely or
partially disrobed patient in the course of treatment if the viewing is not
related to patient diagnosis or treatment under current practice standards.

(bb)

(
aa
)
Procuring or attempting to procure a license to
practice medicine or a license renewal by fraud, by misrepresentation or by
knowingly taking advantage of the mistake of another person or an agency.

(cc)

(
bb
)
Representing or claiming to be a medical
specialist if this is not true.

(dd)

(
cc
)
Maintaining a professional connection with or
lending one's name to enhance or continue the activities of an illegal
practitioner of medicine.

(ee)

(
dd
)
Failing to furnish information in a timely manner
to the board or the board's investigators or representatives if legally
requested by the board.

(ff)

(
ee
)
Failing to allow properly authorized board
personnel on demand to examine and have access to documents, reports and
records maintained by the physician that relate to the physician's medical
practice or medically related activities.

(gg)

(
ff
)
Knowingly failing to disclose to a patient on a
form that is prescribed by the board and that is dated and signed by the
patient or guardian acknowledging that the patient or guardian has read and
understands that the doctor has a direct financial interest in a separate
diagnostic or treatment agency or in nonroutine goods or services that the
patient is being prescribed if the prescribed treatment, goods or services are
available on a competitive basis.� This subdivision does not apply to a referral
by one doctor of medicine to another doctor of medicine within a group of
doctors of medicine practicing together.

(hh)

(
gg
)
Using chelation therapy in the treatment of
arteriosclerosis or as any other form of therapy, with the exception of
treatment of heavy metal poisoning, without:

(i) Adequate informed patient consent.

(ii) Conforming to generally accepted experimental
criteria, including protocols, detailed records, periodic analysis of results
and periodic review by a medical peer review committee.

(iii) Approval by the United States food and drug
administration or its successor agency.

(ii)

(
hh
)
Prescribing, dispensing or administering anabolic-androgenic
steroids to a person for other than therapeutic purposes.

(jj)

(
ii
)
Exhibiting a lack of or inappropriate direction,
collaboration or direct supervision of a medical assistant or a licensed,
certified or registered health care provider employed by, supervised by or
assigned to the physician.

(kk)

(
jj
)
Knowingly making a false or misleading statement
to the board or on a form required by the board or in a written correspondence,
including attachments, with the board.

(ll)

(
kk
)
Failing to dispense drugs and devices in
compliance with article 6 of this chapter.

(mm)

(
ll
)
Committing conduct that the board determines is
gross negligence, repeated negligence or negligence resulting in harm to or the
death of a patient.

(nn)

(
mm
)
Making a representation by a doctor of medicine or
the� doctor of medicine's staff, employer or representative that the doctor of
medicine is boarded or board certified if this is not true or the standing is
not current or without supplying the full name of the specific agency,
organization or entity granting this standing.

(oo)

(
nn
)
Refusing to submit to a body fluid examination or
any other examination known to detect the presence of alcohol or other drugs as
required by the board pursuant to section 32-1452 or pursuant to a board
investigation into a doctor of medicine's alleged substance abuse.

(pp)

(
oo
)
Failing to report in writing to the Arizona
medical board or the Arizona regulatory board of physician assistants any
evidence that a doctor of medicine or a physician assistant is or may be
medically incompetent, guilty of unprofessional conduct or mentally or
physically unable to safely practice medicine or to perform as a physician
assistant.

(qq)

(
pp
)
As a physician who is the chief executive officer,
the medical director or the medical chief of staff of a health care
institution, failing to report in writing to the board that the hospital
privileges of a doctor of medicine have been denied, revoked, suspended,
supervised or limited because of actions by the doctor of medicine that appear
to show that the doctor of medicine is or may be medically incompetent, is or
may be guilty of unprofessional conduct or is or may be unable to engage safely
in the practice of medicine.

(rr)

(
qq
)
Claiming to be a current member of the board or
its staff or a board medical consultant if this is not true.

(ss)

(
rr
)
Failing to make patient medical records in the
physician's possession promptly available to a physician assistant, a nurse
practitioner, a person licensed pursuant to this chapter or a podiatrist,
chiropractor, naturopathic physician, osteopathic physician or homeopathic
physician licensed under chapter 7, 8, 14, 17 or 29 of this title on receipt of
proper authorization to do so from the patient, a minor patient's parent, the
patient's legal guardian or the patient's authorized representative or failing
to comply with title 12, chapter 13, article 7.1.

(tt)

(
ss
)
Prescribing, dispensing or furnishing a
prescription medication or a prescription-only device as defined in
section 32-1901 to a person unless the licensee first conducts a physical
or mental health status examination of that person or has previously
established a doctor-patient relationship. The physical or
mental health status examination may be conducted through telehealth as defined
in section 36-3601 with a clinical evaluation that is appropriate for the
patient and the condition with which the patient presents, unless the
examination is for the purpose of obtaining a written certification from the
physician for the purposes of title 36, chapter 28.1. This
subdivision does not apply to:

(i) A physician who provides temporary patient
supervision on behalf of the patient's regular treating licensed health care
professional or provides a consultation requested by the patient's regular
treating licensed health care professional.

(ii) Emergency medical situations as defined in
section 41-1831.

(iii) Prescriptions written to prepare a patient for
a medical examination.

(iv) Prescriptions written or prescription
medications issued for use by a county or tribal public health department for
immunization programs or emergency treatment or in response to an infectious
disease investigation, public health emergency, infectious disease outbreak or
act of bioterrorism. For the purposes of this item,
"bioterrorism" has the same meaning prescribed in section 36-781.

(v) Prescriptions written or antimicrobials
dispensed to a contact as defined in section 36-661 who is believed to
have had significant exposure risk as defined in section 36-661 with
another person who has been diagnosed with a communicable disease as defined in
section 36-661 by the prescribing or dispensing physician.

(vi) Prescriptions written or prescription
medications issued for administration of immunizations or vaccines listed in
the United States centers for disease control and prevention's recommended
immunization schedule to a household member of a patient.

(vii) Prescriptions for epinephrine delivery systems
that are written or dispensed for a school district or charter school to be
stocked for emergency use pursuant to section 15-157 or for an authorized
entity to be stocked pursuant to section 36-2226.01.

(viii) Prescriptions for glucagon written or
dispensed for a school district or charter school to be stocked for emergency
use pursuant to section 15-344.01.

(ix) Prescriptions written by a licensee through a
telehealth program that is covered by the policies and procedures adopted by
the administrator of a hospital or outpatient treatment center.

(x) Prescriptions for naloxone hydrochloride or any
other opioid antagonist approved by the United States food and drug
administration that are written or dispensed for use pursuant to section 36-2228
or 36-2266.

(uu)

(
tt
)
Performing office-based surgery using
sedation in violation of board rules.

(vv)

(
uu
)
Practicing medicine under a false or assumed name
in this state.
END_STATUTE

Sec. 5. Section 32-1408, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-1408.

Preceptorship awareness campaign; definitions

A. The board shall develop a preceptorship awareness
campaign that educates medical professionals who are licensed pursuant to this
chapter on how to become and the benefits of being a medical preceptor for
students.

B. For the purposes of this section:

1. "Medical preceptor" means a medical
professional who is licensed pursuant to this chapter and who maintains an
active practice in this state.

2. "Preceptorship"
:

(a)
means a mentoring
experience in which a medical preceptor provides a program of personalized
instruction, training and supervision to a student, which may include educating
the student about dispensing drugs and devices, to enable the student to obtain
a medical professional degree to become licensed pursuant to this chapter.

(b) Does not include mentoring for
medical services that are prescribed in section 36-2301.01, subsection C,
paragraph 1.

3. "Student" means an individual who is
matriculating at the graduate level at an accredited institution of higher
education in this state and who is seeking a medical professional degree to
become licensed pursuant to this chapter.
END_STATUTE

Sec. 6. Section 32-1451.04, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-1451.04.

Burden of proof

Except for disciplinary matters brought pursuant to section 32-1401,
paragraph 27, subdivision
(aa)
(
z
)
, the board has the burden of proof by clear and convincing
evidence for disciplinary matters brought pursuant to this chapter.
END_STATUTE

Sec. 7. Section 32-1601, Arizona Revised Statutes, is amended to read:

START_STATUTE
32-1601.

Definitions

In this chapter, unless the
context otherwise requires:

1. "Absolute
discharge from the sentence" means completion of any sentence, including
imprisonment, probation, parole, community supervision or any form of court
supervision.

2. "Appropriate health care professional"
means a licensed health care professional whose scope of practice, education,
experience, training and accreditation are appropriate for the situation or
condition of the patient who is the subject of a consultation or referral.

3. "Approval" means that a regulated
training or educational program to prepare persons for licensure, certification
or registration has met standards established by the board.

4. "Board" means the Arizona state board
of nursing.

5. "Certified nurse midwife" means a
registered nurse who:

(a) Is certified by the board.

(b) Has completed a nurse midwife education program
approved or recognized by the board and educational requirements prescribed by
the board by rule.

(c) Holds a national certification as a certified
nurse midwife from a national certifying body recognized by the board.

(d) Has an expanded scope of practice in providing
health care services for women from adolescence to beyond menopause, including
antepartum, intrapartum, postpartum, reproductive, gynecologic and primary
care, for normal newborns during the first twenty-eight days of life and
for men for the treatment of sexually transmitted diseases.� The expanded scope
of practice under this subdivision includes:

(i) Assessing patients, synthesizing and analyzing
data and understanding and applying principles of health care at an advanced
level.

(ii) Managing the physical and psychosocial health
care of patients.

(iii) Analyzing multiple sources of data,
identifying alternative possibilities as to the nature of a health care problem
and selecting, implementing and evaluating appropriate treatment.

(iv) Making independent decisions in solving complex
patient care problems.

(v) Diagnosing, performing diagnostic and
therapeutic procedures and prescribing, administering and dispensing
therapeutic measures, including legend drugs, medical devices and controlled
substances, within the scope of the certified nurse midwife practice after
meeting requirements established by the board.

(vi) Recognizing the limits of the nurse's knowledge
and experience by consulting with or referring patients to other appropriate
health care professionals if a situation or condition occurs that is beyond the
knowledge and experience of the nurse or if the referral will protect the
health and welfare of the patient.

(vii) Delegating to a medical assistant pursuant to
section 32-1456.

(viii) Performing additional acts that require
education and training as prescribed by the board and that are recognized by
the nursing profession as proper to be performed by a certified nurse midwife.

6. "Certified nursing assistant" means a
person who is registered on the registry of nursing assistants pursuant to this
chapter to provide or assist in delivering nursing or nursing-related services
under the supervision and direction of a licensed nursing staff
member. Certified nursing assistant does not include a person who:

(a) Is a licensed health care professional.

(b) Volunteers to provide nursing assistant services
without monetary compensation.

(c) Is a licensed nursing assistant.

7. "Certified registered nurse" means a
registered nurse who has been certified by a national nursing credentialing
agency recognized by the board.

8. "Certified registered nurse
anesthetist" means a registered nurse who meets the requirements of
section 32-1634.03 and who practices pursuant to the requirements of
section 32-1634.04.

9. "Clinical nurse specialist" means a
registered nurse who:

(a) Is certified by the board as a clinical nurse
specialist.

(b) Holds a graduate degree with a major in nursing
and completes educational requirements as prescribed by the board by rule.

(c) Is nationally certified as a clinical nurse
specialist or, if certification is not available, provides proof of competence
to the board.

(d) Has an expanded scope of practice based on
advanced education in a clinical nursing specialty that includes:

(i) Assessing clients, synthesizing and analyzing
data and understanding and applying nursing principles at an advanced level.

(ii) Managing directly and indirectly a client's
physical and psychosocial health status.

(iii) Analyzing multiple sources of data,
identifying alternative possibilities as to the nature of a health care problem
and selecting appropriate nursing interventions.

(iv) Developing, planning and guiding programs of
care for populations of patients.

(v) Making independent nursing decisions to solve
complex client care problems.

(vi) Using research skills and acquiring and
applying critical new knowledge and technologies to nursing practice.

(vii) Prescribing and dispensing durable medical
equipment.

(viii) Consulting with or referring a client to
other health care providers based on assessment of the client's health status
and needs.

(ix) Facilitating collaboration with other
disciplines to attain the desired client outcome across the continuum of care.

(x) Performing additional acts that require
education and training as prescribed by the board and that are recognized by
the nursing profession as proper to be performed by a clinical nurse
specialist.

(xi) Prescribing, ordering and dispensing
pharmacological agents subject to the requirements and limits specified in
section 32-1651.

10. "Conditional license" or
"conditional approval" means a license or approval that specifies the
conditions under which the regulated party is allowed to practice or to operate
and that is prescribed by the board pursuant to section 32-1644 or 32-1663.

11. "Delegation" means transferring to a
competent individual the authority to perform a selected nursing task in a
designated situation in which the nurse making the delegation retains
accountability for the delegation.

12. "Disciplinary action" means a
regulatory sanction of a license, certificate or approval pursuant to this
chapter in any combination of the following:

(a) A civil penalty for each violation of this
chapter, not to exceed $1,000 for each violation.

(b) Restitution made to an aggrieved party.

(c) A decree of censure.

(d) A conditional license or a conditional approval
that fixed a period and terms of probation.

(e) Limited licensure.

(f) Suspension of a license, a certificate or an
approval.

(g) Voluntary surrender of a license, a certificate
or an approval.

(h) Revocation of a license, a certificate or an
approval.

13. "Health care institution" has the same
meaning prescribed in section 36-401.

14. "Licensed health aide" means a person
who:

(a) Is licensed pursuant to this chapter to provide
or to assist in providing nursing-related services authorized pursuant to
section 36-2939.

(b) Is the parent, guardian or family member by
affinity or consanguinity of the Arizona long-term care system member
receiving services who may provide licensed health aide services only to that
member and only consistent with that member's plan of care.

(c) Has a scope of practice that is the same as a licensed
nursing assistant and may also provide medication administration, tracheostomy
care, enteral care and routine ventilator care and therapy and any other tasks
approved by the board in rule.

(d) Has supervision requirements that are the same
as a certified nursing assistant.

15. "Licensed nursing assistant" means a
person who is licensed pursuant to this chapter to provide or assist in
delivering nursing or nursing-related services under the supervision and
direction of a licensed nursing staff member. Licensed nursing
assistant does not include a person who:

(a) Is a licensed health care professional.

(b) Volunteers to provide nursing assistant services
without monetary compensation.

(c) Is a certified nursing assistant.

16. "Licensee" means a person who is
licensed pursuant to this chapter or in a party state as defined in section 32-1668.

17. "Limited license" means a license that
restricts the scope or setting of a licensee's practice.

18. "Medication order" means a written or
verbal communication given by a certified registered nurse anesthetist to a
health care professional to administer a drug or medication, including
controlled substances.

19. "Practical nurse" means a person who holds a
practical nurse license issued pursuant to this chapter or pursuant to a
multistate compact privilege and who practices practical nursing as defined in
this section.

20. "Practical nursing" includes the
following activities that are performed under the supervision of a physician or
a registered nurse:

(a) Contributing to the assessment of the health
status of individuals and groups.

(b) Participating in the development and
modification of the strategy of care.

(c) Implementing aspects of the strategy of care
within the nurse's scope of practice.

(d) Maintaining safe and effective nursing care that
is rendered directly or indirectly.

(e) Participating in the evaluation of responses to
interventions.

(f) Delegating nursing activities within the scope
of practice of a practical nurse.

(g) Performing additional acts that require
education and training as prescribed by the board and that are recognized by
the nursing profession as proper to be performed by a practical nurse.

21. "Presence" means within the same
health care institution or office as specified in section 32-1634.04,
subsection A, and available as necessary.

22. "Registered nurse" or
"professional nurse" means a person who practices registered nursing
and who holds a registered nurse license issued pursuant to this chapter or
pursuant to a multistate compact privilege.

23. "Registered
nurse practitioner" means a registered nurse who:

(a) Is certified by
the board.

(b) Has completed a nurse practitioner education
program approved or recognized by the board and educational requirements
prescribed by the board by rule.

(c) If applying for certification after July 1,
2004, holds national certification as a nurse practitioner from a national
certifying body recognized by the board.

(d) Has an expanded scope of practice within a
specialty area that includes:

(i) Assessing clients, synthesizing and analyzing
data and understanding and applying principles of health care at an advanced
level.

(ii) Managing the physical and psychosocial health
status of patients.

(iii) Analyzing multiple sources of data,
identifying alternative possibilities as to the nature of a health care problem
and selecting, implementing and evaluating appropriate treatment.

(iv) Making independent decisions in solving complex
patient care problems.

(v) Diagnosing, performing diagnostic and
therapeutic procedures, and prescribing, administering and dispensing
therapeutic measures, including legend drugs, medical devices and controlled
substances within the scope of registered nurse practitioner practice on
meeting the requirements established by the board.

(vi) Recognizing the limits of the nurse's knowledge
and experience by consulting with or referring patients to other appropriate
health care professionals if a situation or condition occurs that is beyond the
knowledge and experience of the nurse or if the referral will protect the
health and welfare of the patient.

(vii) Delegating to a medical assistant pursuant to
section 32-1456.

(viii) Performing additional acts that require
education and training as prescribed by the board and that are recognized by
the nursing profession as proper to be performed by a nurse practitioner.

24. "Registered nursing" includes the
following:

(a) Diagnosing and treating human responses to
actual or potential health problems.

(b) Assisting individuals and groups to maintain or
attain optimal health by implementing a strategy of care to accomplish defined
goals and evaluating responses to care and treatment.

(c) Assessing the health status of individuals and
groups.

(d) Establishing a nursing diagnosis.

(e) Establishing goals to meet identified health
care needs.

(f) Prescribing nursing interventions to implement a
strategy of care.

(g) Delegating nursing interventions to others who
are qualified to do so.

(h) Providing for the maintenance of safe and
effective nursing care that is rendered directly or indirectly.

(i) Evaluating responses to interventions.

(j) Teaching nursing knowledge and skills.

(k) Managing and supervising the practice of
nursing.

(l) Consulting and coordinating with other health
care professionals in the management of health care.

(m) Performing additional acts that require
education and training as prescribed by the board and that are recognized by
the nursing profession as proper to be performed by a registered nurse.

25. "Registry of nursing assistants" means
the nursing assistants registry maintained by the board pursuant to the omnibus
budget reconciliation act of 1987 (P.L. 100-203; 101 Stat. 1330), as
amended by the medicare catastrophic coverage act of 1988 (P.L. 100-360;
102 Stat. 683).

26. "Regulated party" means any person or
entity that is licensed, certified, registered, recognized or approved pursuant
to this chapter.

27. "Unprofessional conduct" includes the
following, whether occurring in this state or elsewhere:

(a) Committing fraud or deceit in obtaining,
attempting to obtain or renewing a license or a certificate issued pursuant to
this chapter.

(b) Committing a felony, whether or not involving
moral turpitude, or a misdemeanor involving moral turpitude. In
either case, conviction by a court of competent jurisdiction or a plea of no
contest is conclusive evidence of the commission.

(c) Aiding or abetting in a criminal
abortion or attempting, agreeing or offering to procure or assist in a criminal
abortion.

(d)
(
c
)
Any conduct or practice that is or might be
harmful or dangerous to the health of a patient or the public.

(e)
(
d
)
Being mentally incompetent or physically unsafe to
a degree that is or might be harmful or dangerous to the health of a patient or
the public.

(f)
(
e
)
Having a license, certificate, permit or
registration to practice a health care profession denied, suspended,
conditioned, limited or revoked in another jurisdiction and not reinstated by
that jurisdiction.

(g)
(
f
)
Wilfully or repeatedly violating a provision of
this chapter or a rule adopted pursuant to this chapter.

(h)
(
g
)
Committing an act that deceives, defrauds or harms
the public.

(i)
(
h
)
Failing to comply with a stipulated agreement,
consent agreement or board order.

(j)
(
i
)
Violating this chapter or a rule that is adopted
by the board pursuant to this chapter.

(k)
(
j
)
Failing to report to the board any evidence that a
registered or practical nurse or a nursing assistant is or may be:

(i) Incompetent to practice.

(ii) Guilty of unprofessional conduct.

(iii) Mentally or physically unable to safely
practice nursing or to perform nursing-related duties.� A nurse who is
providing therapeutic counseling for a nurse who is in a drug rehabilitation
program is required to report that nurse only if the nurse providing
therapeutic counseling has personal knowledge that patient safety is being jeopardized.

(l)
(
k
)
Failing to self-report a conviction for a
felony or undesignated offense within ten days after the conviction.

(m)
(
l
)
Cheating or assisting another to cheat on a
licensure or certification examination.
END_STATUTE

Sec. 8. Section 32-1606, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-1606.

Powers and duties of board

A. The board may:

1. Adopt and revise rules necessary to carry into
effect this chapter.

2. Publish advisory opinions regarding registered
and practical nursing practice and nursing education.

3. Issue limited licenses or certificates if it
determines that an applicant or licensee cannot function safely in a specific
setting or within the full scope of practice.

4. Refer criminal violations of this chapter to the
appropriate law enforcement agency.

5. Establish a confidential program for monitoring
licensees who are chemically dependent and who enroll in rehabilitation
programs that meet the criteria established by the board. The board
may take further action if the licensee refuses to enter into a stipulated
agreement or fails to comply with its terms. In order to protect the
public health and safety, the confidentiality requirements of this paragraph do
not apply if the licensee does not comply with the stipulated agreement.

6. On the applicant's or regulated party's request,
establish a payment schedule with the applicant or regulated party.

7. Provide education regarding board functions.

8. Collect or assist in collecting workforce data.

9. Adopt rules to conduct pilot programs consistent
with public safety for innovative applications in nursing practice, education
and regulation.

10. Grant retirement status on request to retired
nurses who are or were licensed under this chapter, who have no open complaint
or investigation pending against them and who are not subject to discipline.

11. Accept and spend federal monies and private
grants, gifts, contributions and devises to assist in carrying out the purposes
of this chapter.� These monies do not revert to the state general fund at the
end of the fiscal year.

B. The board shall:

1. Approve regulated training and educational
programs that meet the requirements of this chapter and rules adopted by the
board.

2. By rule, establish approval and reapproval
processes for nursing and nursing assistant training programs that meet the
requirements of this chapter and board rules.

3. Prepare and maintain a list of approved nursing
programs to prepare registered nurses and practical nurses whose graduates are
eligible for licensing under this chapter as registered nurses or as practical
nurses if they satisfy the other requirements of this chapter and board rules.

4. Examine qualified registered nurse and practical
nurse applicants.

5. License and renew the licenses of qualified
registered nurse and practical nurse applicants and licensed nursing assistants
who are not qualified to be licensed by the executive director.

6. Adopt a seal, which the executive director shall
keep.

7. Keep a record of all proceedings.

8. For proper cause, deny or rescind approval of a
regulated training or educational program for failure to comply with this
chapter or the rules of the board.

9. Adopt rules to approve credential evaluation
services that evaluate the qualifications of applicants who graduated from an
international nursing program.

10. Determine and administer appropriate
disciplinary action against all regulated parties who are found guilty of
violating this chapter or rules adopted by the board.

11. Perform functions necessary to carry out the
requirements of the nursing assistant and nurse aide training and competency
evaluation program as set forth in the omnibus budget reconciliation act of
1987 (P.L. 100-203; 101 Stat. 1330), as amended by the medicare
catastrophic coverage act of 1988 (P.L. 100-360; 102 Stat.
683). These functions shall include:

(a) Testing and registering certified nursing
assistants.

(b) Testing and licensing licensed nursing
assistants.

(c) Maintaining a list of board-approved
training programs.

(d) Maintaining a registry of nursing assistants for
all certified nursing assistants and licensed nursing assistants.

(e) Assessing fees.

12. Adopt rules
establishing acts that may be performed by a registered nurse practitioner or
certified nurse midwife
, except that the board does not have
authority to decide scope of practice relating to abortion as defined in
section 36-2151
.

13. Adopt rules that prohibit registered nurse
practitioners, clinical nurse specialists or certified nurse midwives from
dispensing a schedule II controlled substance that is an opioid, except for an
implantable device or an opioid that is for medication-assisted treatment
for substance use disorders or as provided in section 32-3248.03.

14. Adopt rules establishing educational
requirements to certify school nurses.

15. Publish copies of board rules and distribute
these copies on request.

16. Require each applicant for initial licensure or
certification to submit a full set of fingerprints to the board for the purpose
of obtaining a state and federal criminal records check pursuant to section 41-1750
and Public Law 92-544. The department of public safety may
exchange this fingerprint data with the federal bureau of investigation.

17. Except for a licensee who has been convicted of
a felony that has been designated a misdemeanor pursuant to section 13-604,
revoke a license of a person, revoke the multistate licensure privilege of a
person pursuant to section 32-1669 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 three or more
years before the date of filing an application pursuant to this chapter.

18. Establish standards to approve and reapprove
registered nurse practitioner and clinical nurse specialist programs and
provide for surveys of registered nurse practitioner and clinical nurse
specialist programs as the board deems necessary.

19. Provide the licensing authorities of health care
institutions, facilities and homes with any information the board receives
regarding practices that place a patient's health at risk.

20. Limit the multistate licensure privilege of any
person who holds or applies for a license in this state pursuant to section 32-1668.

21. Adopt rules to establish competency standards
for obtaining and maintaining a license.

22. Adopt rules to qualify and certify clinical
nurse specialists.

23. Adopt rules to approve and reapprove refresher
courses for nurses who are not currently practicing.

24. Maintain a list of approved medication assistant
training programs.

25. Test and certify medication assistants.

26. Maintain a registry and disciplinary record of
medication assistants who are certified pursuant to this chapter.

27. Adopt rules to establish the requirements for a
clinical nurse specialist to prescribe and dispense drugs and devices
consistent with section 32-1651 and within the clinical nurse
specialist's population or disease focus.

28. Issue registrations to administer general
anesthesia and sedation in dental offices and dental clinics pursuant to
section 32-1272 to certified registered nurse anesthetists who have
national board certification in anesthesiology.

C. The board may conduct an investigation on receipt
of information that indicates that a person or regulated party may have
violated this chapter or a rule adopted pursuant to this
chapter. Following the investigation, the board may take
disciplinary action pursuant to this chapter.

D. The board may limit, revoke or suspend the
privilege of a nurse to practice in this state granted pursuant to section 32-1668.

E. Failure to comply with any final order of the
board, including an order of censure or probation, is cause for suspension or
revocation of a license or a certificate.

F. The president or a member of the board designated
by the president may administer oaths in transacting the business of the board.

END_STATUTE

Sec. 9. Section 32-1607, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-1607.

Preceptorship awareness campaign; definitions

A. The board shall develop a preceptorship awareness
campaign that educates advance practice registered nurse professionals who are
licensed pursuant to this chapter on how to become and the benefits of being a
preceptor for graduate nursing students.

B. For the purposes of this section:�

1. "Graduate
nursing
student"
means an individual who is matriculating at the graduate level at an accredited
institution of higher education in this state and who is seeking an advance
nursing degree to become licensed as an advance practice registered nurse
pursuant to this chapter.

2. "Nursing preceptor" means a nursing
professional who is licensed pursuant to this chapter and who maintains an
active practice in this state.

3. "Preceptorship"
:

(a)
Means a mentoring
experience in which a nursing preceptor provides a program of personalized
instruction, training and supervision to a graduate
nursing
student
to enable the
graduate nursing
student to obtain an
advance nursing degree to become licensed as an advance practice registered
nurse pursuant to this chapter.

(b) Does not include mentoring for
medical services that are prescribed in section 36-2301.01, subsection C,
paragraph 1.
END_STATUTE

Sec. 10. Section 32-1807, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-1807.

Preceptorship awareness campaign; definitions

A. The board shall develop a preceptorship awareness
campaign that educates medical professionals who are licensed pursuant to this
chapter on how to become and the benefits of being a medical preceptor for
students.

B. For the purposes of this section:

1. "Medical preceptor" means a medical
professional who is licensed pursuant to this chapter and who maintains an
active practice in this state.

2. "Preceptorship"
:

(a)
means a mentoring
experience in which a medical preceptor provides a program of personalized
instruction, training and supervision to a student, which may include educating
the student about dispensing drugs and devices, to enable the student to obtain
a medical professional degree to become licensed pursuant to this chapter.

(b) Does not include mentoring for
medical services that are prescribed in section 36-2301.01, subsection C,
paragraph 1.

3. "Student" means an individual who is
matriculating at the graduate level at an accredited institution of higher
education in this state and who is seeking a medical professional degree to
become licensed pursuant to this chapter.
END_STATUTE

Sec. 11. Section 32-1854, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-1854.

Definition of unprofessional conduct

For the purposes of this chapter, "unprofessional
conduct" includes the following acts, whether occurring in this state or
elsewhere:

1. Knowingly betraying a professional secret or
wilfully violating a privileged communication except as either of these may
otherwise be required by law. This paragraph does not prevent
members of the board from exchanging information with the licensing and
disciplinary boards of other states, territories or districts of the United
States or with foreign countries or with osteopathic medical organizations
located in this state or in any state, district or territory of this country or
in any foreign country.

2. Committing a felony or a misdemeanor involving
moral turpitude.� In either case conviction by any court of competent
jurisdiction is conclusive evidence of the commission of the offense.

3. Practicing medicine while under the influence of
alcohol, a dangerous drug as defined in section 13-3401, narcotic or
hypnotic drugs or any substance that impairs or may impair the licensee's
ability to safely and skillfully practice medicine.

4. Being diagnosed by a physician licensed under
this chapter or chapter 13 of this title or a psychologist licensed under
chapter 19.1 of this title as excessively or illegally using alcohol or a
controlled substance.

5. Prescribing, dispensing or administering
controlled substances or prescription-only drugs for other than accepted
therapeutic purposes.

6. Engaging in the practice of medicine in a manner
that harms or may harm a patient or that the board determines falls below the
community standard.

7. Impersonating another physician.

8. Acting or assuming to act as a member of the
board if this is not true.

9. Procuring, renewing or attempting to procure or
renew a license to practice osteopathic medicine by fraud or misrepresentation.

10. Having professional connection with or lending
one's name to an illegal practitioner of osteopathic medicine or any of the
other healing arts.

11. Representing that a manifestly incurable
disease, injury, ailment or infirmity can be permanently cured or that a
curable disease, injury, ailment or infirmity can be cured within a stated time
if this is not true.

12. Failing to reasonably disclose and inform the
patient or the patient's representative of the method, device or
instrumentality the licensee uses to treat the patient's disease, injury,
ailment or infirmity.

13. Refusing to divulge to the board on demand the
means, method, device or instrumentality used to treat a disease, injury,
ailment or infirmity.

14. Charging a fee for services not rendered or
dividing a professional fee for patient referrals.� This paragraph does not
apply to payments from a medical researcher to a physician in connection with
identifying and monitoring patients for clinical trial regulated by the United
States food and drug administration.

15. Knowingly making any false or fraudulent
statement, written or oral, in connection with the practice of medicine or when
applying for or renewing privileges at a health care institution or a health
care program.

16. Advertising in a false, deceptive or misleading
manner.

17. Representing or claiming to be an osteopathic
medical specialist if the physician has not satisfied the applicable
requirements of this chapter or board rules.

18. Having a license denied or disciplinary action
taken against a license by any other state, territory, district or country,
unless it can be shown that this occurred for reasons that did not relate to
the person's ability to safely and skillfully practice osteopathic medicine or
to any act of unprofessional conduct as provided in this section.

19. Committing any conduct or practice contrary to
recognized standards of ethics of the osteopathic medical profession.

20. Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of or conspiring to
violate any of the provisions of this chapter.

21. Failing or refusing to establish and maintain
adequate records on a patient as follows:

(a) If the patient is an adult, for at least six
years after the last date the licensee provided the patient with medical or
health care services.

(b) If the patient is a child, either for at least
three years after the child's eighteenth birthday or for at least six years
after the last date the licensee provided that patient with medical or health
care services, whichever date occurs later.

22. Using controlled substances or prescription-only
drugs unless they are provided by a medical practitioner, as defined in section
32-1901, as part of a lawful course of treatment.

23. Prescribing controlled substances to members of
one's immediate family unless there is no other physician available within
fifty miles to treat a member of the family and an emergency exists.

24. Committing nontherapeutic use of injectable
amphetamines.

25. Violating a formal order, probation or a
stipulation issued by the board under this chapter.

26. Charging or collecting an inappropriate
fee. This paragraph does not apply to a fee that is fixed in a
written contract between the physician and the patient and entered into before
treatment begins.

27. Using experimental forms of therapy without
adequate informed patient consent or without conforming to generally accepted
criteria and complying with federal and state statutes and regulations
governing experimental therapies.

28. Failing to make patient medical records in the
physician's possession promptly available to a physician assistant, a nurse
practitioner, a person licensed pursuant to this chapter or a podiatrist,
chiropractor, naturopathic physician, physician or homeopathic physician
licensed under chapter 7, 8, 13, 14 or 29 of this title on receipt of proper
authorization to do so from the patient, a minor patient's parent, the
patient's legal guardian or the patient's authorized representative or failing
to comply with title 12, chapter 13, article 7.1.

29. Failing to allow properly authorized board
personnel to have, on presentation of a subpoena, access to any documents,
reports or records that are maintained by the physician and that relate to the
physician's medical practice or medically related activities pursuant to
section 32-1855.01.

30. Signing a blank, undated or predated
prescription form.

31. Obtaining a fee by fraud, deceit or
misrepresentation.

32. Failing to report to the board an osteopathic
physician and surgeon who is or may be guilty of unprofessional conduct or is
or may be mentally or physically unable safely to engage in the practice of
medicine.

33. Referring a patient to a diagnostic or treatment
facility or prescribing goods and services without disclosing that the
physician has a direct pecuniary interest in the facility, goods or services to
which the patient has been referred or prescribed.� This paragraph does not
apply to a referral by one physician to another physician within a group of
physicians practicing together.

34. Exhibiting a lack of or inappropriate direction,
collaboration or supervision of a licensed, certified or registered health care
provider or office personnel employed by or assigned to the physician in the
medical care of patients.

35. Violating a federal law, a state law or a rule
applicable to the practice of medicine.

36. Prescribing or dispensing controlled substances
or prescription-only medications without establishing and maintaining
adequate patient records.

37. Dispensing a schedule II controlled substance
that is an opioid, except as provided in sections 32-1871 and 32-3248.03.

38. Failing to dispense drugs and devices in
compliance with article 4 of this chapter.

39. Committing any conduct or practice that
endangers a patient's or the public's health or may reasonably be expected to
do so.

40. Committing any conduct or practice that impairs
the licensee's ability to safely and skillfully practice medicine or that may
reasonably be expected to do so.

41. With the exception of heavy metal poisoning,
using chelation therapy in the treatment of arteriosclerosis or as any other
form of therapy without adequate informed patient consent and without
conforming to generally accepted experimental criteria, including protocols,
detailed records, periodic analysis of results and periodic review by a medical
peer review committee.

42. Prescribing, dispensing or administering
anabolic-androgenic steroids to a person for other than therapeutic
purposes.

43. Engaging in sexual conduct with a current
patient or with a former patient within six months after the last medical
consultation unless the patient was the licensee's spouse at the time of the
contact or, immediately preceding the physician-patient relationship, was
in a dating or engagement relationship with the licensee.� For the purposes of
this paragraph, "sexual conduct" includes:

(a) Engaging in or soliciting sexual relationships,
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.

44. Committing conduct that is in
violation of section 36-2302.

45.

44.
Committing
conduct that the board determines constitutes gross negligence, repeated
negligence or negligence that results in harm or death of a patient.

46.

45.
Committing
conduct in the practice of medicine that evidences unfitness to practice
medicine.

47.

46.
Engaging
in disruptive or abusive behavior in a professional setting.

48.

47.
Failing
to disclose to a patient that the licensee has a direct financial interest in a
prescribed treatment, good or service if the treatment, good or service is
available on a competitive basis. This paragraph does not apply to a
referral by one licensee to another licensee within a group of licensees who
practice together.� A licensee meets the disclosure requirements of this
paragraph if both of the following are true:

(a) The licensee makes the disclosure on a form
prescribed by the board.

(b) The patient or the patient's guardian or parent
acknowledges by signing the form that the licensee has disclosed the licensee's
direct financial interest.

49.

48.
Prescribing,
dispensing or furnishing a prescription medication or a prescription-only
device to a person if the licensee has not conducted a physical or mental
health status examination of that person or has not previously established a
physician-patient relationship. The physical or mental health
status examination may be conducted through telehealth as defined in section 36-3601
with a clinical evaluation that is appropriate for the patient and the
condition with which the patient presents, unless the examination is for the
purpose of obtaining a written certification from the physician for the
purposes of title 36, chapter 28.1.� This paragraph does not apply to:

(a) Emergencies.

(b) A licensee who provides patient care on behalf
of the patient's regular treating licensed health care professional or provides
a consultation requested by the patient's regular treating licensed health care
professional.

(c) Prescriptions written or antimicrobials
dispensed to a contact as defined in section 36-661 who is believed to
have had significant exposure risk as defined in section 36-661 with
another person who has been diagnosed with a communicable disease as defined in
section 36-661 by the prescribing or dispensing physician.

(d) Prescriptions for epinephrine delivery systems
that are written or dispensed for a school district or charter school to be
stocked for emergency use pursuant to section 15-157 or for an authorized
entity to be stocked pursuant to section 36-2226.01.

(e) Prescriptions for glucagon written or dispensed
for a school district or charter school to be stocked for emergency use
pursuant to section 15-344.01.

(f) Prescriptions written by a licensee through a
telehealth program that is covered by the policies and procedures adopted by
the administrator of a hospital or outpatient treatment center.

(g) Prescriptions for naloxone hydrochloride or any
other opioid antagonist approved by the United States food and drug
administration that are written or dispensed for use pursuant to section 36-2228
or 36-2266.

50.

49.
If
a licensee provides medical care by computer, failing to disclose the
licensee's license number and the board's address and telephone number.
END_STATUTE

Sec. 12. Section 32-1901, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-1901.

Definitions

In this chapter, unless the context otherwise requires:

1. "Administer" means directly applying a
controlled substance, prescription-only drug, dangerous drug or narcotic
drug, whether by injection, inhalation, ingestion or any other means, to the
body of a patient or research subject by a practitioner or by the
practitioner's authorized agent or the patient or research subject at the
direction of the practitioner.

2. "Advertisement" means all
representations that are disseminated in any manner or by any means other than
by labeling for the purpose of inducing, or that are likely to induce, directly
or indirectly, the purchase of drugs, devices, poisons or hazardous substances.

3. "Advisory letter" means a
nondisciplinary letter to notify a licensee or permittee that either:

(a) While there is insufficient evidence to support
disciplinary action, the board believes that continuation of the activities
that led to the investigation may result in further board action against the
licensee or permittee.

(b) The violation is a minor or technical violation
that is not of sufficient merit to warrant disciplinary action.

(c) While the licensee or permittee has demonstrated
substantial compliance through rehabilitation, remediation or reeducation that
has mitigated the need for disciplinary action, the board believes that
repeating the activities that led to the investigation may result in further
board action against the licensee or permittee.

4. "Antiseptic", if a drug is represented
as such on its label, means a representation that it is a germicide, except in
the case of a drug purporting to be, or represented as, an antiseptic for
inhibitory use as a wet dressing, ointment or dusting powder or other use that
involves prolonged contact with the body.

5. "Authorized officers of the law" means
legally empowered peace officers, compliance officers of the board of pharmacy
and agents of the division of narcotics enforcement and criminal intelligence
of the department of public safety.

6. "Automated prescription-dispensing
kiosk" means a mechanical system that is operated as an extension of a
pharmacy, that maintains all transaction information within the pharmacy
operating system, that is separately permitted from the pharmacy and that
performs operations that either:

(a) Accept a prescription or refill order, store
prepackaged or repackaged medications, label and dispense patient-specific
prescriptions and provide counseling on new or refilled prescriptions.

(b) Dispense or deliver a prescription or refill
that has been prepared by or on behalf of the pharmacy that oversees the
automated prescription-dispensing kiosk.

7. "Board" or "board of
pharmacy" means the Arizona state board of pharmacy.

8. "Certificate of composition" means a
list of a product's ingredients.

9. "Certificate of free sale" means a
document that authenticates a product that is generally and freely sold in
domestic or international channels of trade.

10. "Color additive" means a material that
either:

(a) Is any dye, pigment or other substance that is
made by a process of synthesis or similar artifice or that is extracted,
isolated or otherwise derived, with or without intermediate or final change of
identity, from any vegetable, animal, mineral or other source.

(b) If added or applied to a drug, or to the human
body or any part of the human body, is capable of imparting color, except that
color additive does not include any material that has been or may be exempted
under the federal act. Color includes black, white and intermediate
grays.

11. "Compounding" means preparing, mixing,
assembling, packaging or labeling a drug by a pharmacist or an intern or
pharmacy technician under the pharmacist's supervision, for the purpose of
dispensing to a patient based on a valid prescription order.� Compounding
includes preparing drugs in anticipation of prescription orders prepared on
routine, regularly observed prescribing patterns and preparing drugs as an
incident to research, teaching or chemical analysis or for administration by a
medical practitioner to the medical practitioner's patient and not for sale or
dispensing. Compounding does not include preparing commercially
available products from bulk compounds or preparing drugs for sale to
pharmacies, practitioners or entities for the purpose of dispensing or
distribution.

12. "Compressed medical gas distributor"
means a person that holds a current permit issued by the board to distribute
compressed medical gases to compressed medical gas suppliers and other entities
that are registered, licensed or permitted to use, administer or distribute
compressed medical gases.

13. "Compressed medical gases" means gases
and liquid oxygen that a compressed medical gas distributor or manufacturer has
labeled in compliance with federal law.

14. "Compressed medical gas order" means
an order for compressed medical gases that is issued by a medical practitioner.

15. "Compressed medical gas supplier"
means a person that holds a current permit issued by the board to supply
compressed medical gases pursuant to a compressed medical gas order and only to
the consumer or the patient.

16. "Controlled substance" means a drug,
substance or immediate precursor that is identified, defined or listed in title
36, chapter 27, article 2 or the rules adopted pursuant to title 36, chapter
27, article 2.

17. "Corrosive" means any substance that
when it comes in contact with living tissue will cause destruction of the
tissue by chemical action.

18. "Counterfeit drug" means a drug that,
or the container or labeling of which, without authorization, bears the
trademark, trade name or other identifying mark, imprint, number or device, or
any likeness of these, of a manufacturer, distributor or dispenser other than
the person that in fact manufactured, distributed or dispensed that drug.

19. "Dangerous drug" has the same meaning
prescribed in section 13-3401.

20. "Day" means a business day.

21. "Decree of censure" means an official
action that is taken by the board and that may include a requirement for
restitution of fees to a patient or consumer.

22. "Deliver" or "delivery"
means the actual, constructive or attempted transfer from one person to another
whether or not there is an agency relationship.

23. "Deputy director" means a pharmacist
who is employed by the board and selected by the executive director to perform
duties as prescribed by the executive director.

24. "Device", except as used in paragraph
18 of this section, section 32-1965, paragraph 4 and section 32-1967,
subsection A, paragraph 15 and subsection C, means an instrument, apparatus or
contrivance, including its components, parts and accessories, including all
such items under the federal act, that is intended either:

(a) For use in diagnosing, curing, mitigating,
treating or preventing disease in the human body or other animals.

(b) To affect the structure or any function of the
human body or other animals.

25. "Director" means the director of the
division of narcotics enforcement and criminal investigation of the department
of public safety.

26. "Direct supervision of a pharmacist"
means that the pharmacist is present. If relating to the sale of
certain items, direct supervision of a pharmacist means that a pharmacist
determines the legitimacy or advisability of a proposed purchase of those
items.

27. "Dispense" means to deliver to an
ultimate user or research subject by or pursuant to the lawful order of a
practitioner, including prescribing, administering, packaging, labeling or
compounding as necessary to prepare for that delivery.

28. "Dispenser" means a practitioner who
dispenses.

29. "Distribute" means to deliver, other
than by administering or dispensing.

30. "Distributor" means a person who
distributes.

31. "Drug" means:

(a) Articles that are recognized, or for which
standards or specifications are prescribed, in the official compendium.

(b) Articles that are intended for use in the
diagnosis, cure, mitigation, treatment or prevention of disease in the human
body or other animals.

(c) Articles other than food that are intended to
affect the structure or any function of the human body or other animals.

(d) Articles that are intended for use as a
component of any articles specified in subdivision (a), (b) or (c) of this
paragraph but does not include devices or their components, parts or
accessories.

32. "Drug enforcement administration"
means the drug enforcement administration of the United States department of
justice or its successor agency.

33. "Drug or device manufacturing" means
producing, preparing, propagating or processing a drug or device, either
directly or indirectly, by extraction from substances of natural origin or
independently by means of chemical synthesis and includes any packaging or
repackaging of substances or labeling or relabeling of its container and
promoting and marketing the same. Drug or device manufacturing does
not include compounding.

34. "Durable medical equipment" means
technologically sophisticated medical equipment as prescribed by the board in
rule that a patient or consumer may use in a home or residence and that may be
a prescription-only device.

35. "Durable medical equipment
distributor":

(a) Means a person that stores or distributes
durable medical equipment other than to the patient or consumer.

(b) Includes a virtual durable medical equipment
distributor as prescribed in rule by the board.

36. "Durable
medical equipment supplier":

(a) Means a person
that sells, leases or supplies durable medical equipment to the patient or
consumer.

(b) Includes a virtual durable medical equipment
supplier as prescribed in rule by the board.

37. "Economic poison" means any substance
that alone, in chemical combination with or in formulation with one or more
other substances is a pesticide within the meaning of the laws of this state or
the federal insecticide, fungicide and rodenticide act and that is used in
producing, storing or transporting raw agricultural commodities.

38. "Enteral feeding" means nourishment
that is provided by means of a tube inserted into the stomach or intestine.

39. "Established name", with respect to a
drug or ingredient of a drug, means any of the following:

(a) The applicable official name.

(b) If there is no such name and the drug or
ingredient is an article recognized in an official compendium, the official
title in an official compendium.

(c) If neither subdivision (a) nor (b) of this
paragraph applies, the common or usual name of the drug.

40. "Executive director" means the
executive director of the board of pharmacy.

41. "Federal act" means the federal laws
and regulations that pertain to drugs, devices, poisons and hazardous
substances and that are official at the time any drug, device, poison or
hazardous substance is affected by this chapter.

42. "Full-service wholesale
permittee":

(a) Means a permittee who may distribute
prescription-only drugs and devices, controlled substances and over-the-counter
drugs and devices to pharmacies or other legal outlets from a place devoted in
whole or in part to wholesaling these items.

(b) Includes a virtual wholesaler as defined in rule
by the board.

43. "Good manufacturing practice" means a
system for ensuring that products are consistently produced and controlled
according to quality standards and covering all aspects of design, monitoring
and control of manufacturing processes and facilities to ensure that products
do not pose any risk to the consumer or public.

44. "Highly toxic" means any substance
that falls within any of the following categories:

(a) Produces death within fourteen days in half or
more than half of a group of ten or more laboratory white rats each weighing
between two hundred and three hundred grams, at a single dose of fifty
milligrams or less per kilogram of body weight, when orally administered.

(b) Produces death within fourteen days in half or
more than half of a group of ten or more laboratory white rats each weighing
between two hundred and three hundred grams, if inhaled continuously for a
period of one hour or less at an atmospheric concentration of two hundred parts
per million by volume or less of gas or vapor or two milligrams per liter by
volume or less of mist or dust, provided the concentration is likely to be
encountered by humans if the substance is used in any reasonably foreseeable
manner.

(c) Produces death within fourteen days in half or
more than half of a group of ten or more rabbits tested in a dosage of two
hundred milligrams or less per kilogram of body weight, if administered by
continuous contact with the bare skin for twenty-four hours or less.� If
the board finds that available data on human experience with any substance
indicate results different from those obtained on animals in the dosages or
concentrations prescribed in this paragraph, the human data shall take precedence.

45. "Hospital" means any institution for
the care and treatment of the sick and injured that is approved and licensed as
a hospital by the department of health services.

46. "Intern" means a pharmacy intern.

47. "Internship" means the practical,
experiential, hands-on training of a pharmacy intern under the
supervision of a preceptor.

48. "Irritant" means any substance, other
than a corrosive, that on immediate, prolonged or repeated contact with normal
living tissue will induce a local inflammatory reaction.

49. "Jurisprudence examination" means a
board-approved pharmacy law examination that is written and administered
in cooperation with the national association of boards of pharmacy or another
board-approved pharmacy law examination.

50. "Label" means a display of written,
printed or graphic matter on the immediate container of any article that,
unless easily legible through the outside wrapper or container, also appears on
the outside wrapper or container of the article's retail
package. For the purposes of this paragraph, the immediate container
does not include package liners.

51. "Labeling" means all labels and other
written, printed or graphic matter that either:

(a) Is on any article or any of its containers or
wrappers.

(b) Accompanies that article.

52. "Letter of reprimand" means a
disciplinary letter that is a public document issued by the board and that
informs a licensee or permittee that the licensee's or permittee's conduct
violates state or federal law and may require the board to monitor the licensee
or permittee.

53. "Limited service pharmacy" means a
pharmacy that is approved by the board to practice a limited segment of
pharmacy as indicated by the permit issued by the board.

54. "Manufacture"
or "manufacturer":

(a) Means every
person who prepares, derives, produces, compounds, processes, packages or
repackages or labels any drug in a place, other than a pharmacy, that is
devoted to manufacturing the drug.

(b) Includes a virtual manufacturer.

55. "Marijuana" has the same meaning
prescribed in section 13-3401.

56. "Medical practitioner" means any
medical doctor, doctor of osteopathic medicine, dentist, podiatrist,
veterinarian or other person who is licensed and authorized by law to use and
prescribe drugs and devices to treat sick and injured human beings or animals
or to diagnose or prevent sickness in human beings or animals in this state or
any state, territory or district of the United States.

57. "Medication order" means a written or
verbal order from a medical practitioner or that person's authorized agent to
administer a drug or device.

58. "Narcotic drug" has the same meaning
prescribed in section 13-3401.

59. "New drug" means either:

(a) Any drug of which the composition is such that
the drug is not generally recognized among experts qualified by scientific
training and experience to evaluate the safety and effectiveness of drugs as
safe and effective for use under the conditions prescribed, recommended or
suggested in the labeling.

(b) Any drug of which the composition is such that
the drug, as a result of investigations to determine its safety and
effectiveness for use under such conditions, has become so recognized, but that
has not, other than in the investigations, been used to a material extent or
for a material time under those conditions.

60. "Nonprescription drug" or "over-the-counter
drug" means any nonnarcotic medicine or drug that may be sold without a
prescription and that is prepackaged and labeled for use by the consumer in
accordance with the requirements of the laws of this state and federal law.�
Nonprescription drug does not include:

(a) A drug that is primarily advertised and promoted
professionally to medical practitioners and pharmacists by manufacturers or
primary distributors.

(b) A controlled substance.

(c) A drug that is required to bear a label that
states "Rx only".

(d) A drug that is intended for human use by
hypodermic injection.

61. "Nonprescription drug wholesale
permittee":

(a) Means a permittee who may distribute only over-the-counter
drugs and devices to pharmacies or other lawful outlets from a place devoted in
whole or in part to wholesaling these items.

(b) Includes a virtual wholesaler as defined in rule
by the board.

62. "Notice" means personal service or the
mailing of a copy of the notice by certified mail and email addressed either to
the person at the person's latest address of record in the board office or to
the person and the person's attorney using the most recent information provided
to the board in the board's licensing database.

63. "Nutritional supplementation" means
vitamins, minerals and caloric supplementation. Nutritional
supplementation does not include medication or drugs.

64. "Official compendium" means the latest
revision of the United States pharmacopeia and the national formulary or any
current supplement.

65. "Other jurisdiction" means one of the
other forty-nine states, the District of Columbia, the Commonwealth of
Puerto Rico or a territory of the United States of America.

66. "Package" means a receptacle that is
defined or described in the United States pharmacopeia and the national
formulary as adopted by the board.

67. "Packaging" means the act or process
of placing a drug item or device in a container for the purpose or intent of
dispensing or distributing the item or device to another.

68. "Parenteral nutrition" means
intravenous feeding that provides an individual with fluids and essential
nutrients the individual needs while the individual is unable to receive
adequate fluids or feedings by mouth or by enteral feeding.

69. "Person" means an individual,
partnership, corporation and association, and their duly authorized agents.

70. "Pharmaceutical care" means the
provision of drug therapy and other pharmaceutical patient care services.

71. "Pharmacist" means an individual who
is currently licensed by the board to practice the profession of pharmacy in
this state.

72. "Pharmacist in charge" means the
pharmacist who is responsible to the board for a licensed establishment's
compliance with the laws and administrative rules of this state and of the
federal government pertaining to the practice of pharmacy, the manufacturing of
drugs and the distribution of drugs and devices.

73. "Pharmacist licensure examination"
means a board-approved examination that is written and administered in
cooperation with the national association of boards of pharmacy or any other
board-approved pharmacist licensure examination.

74. "Pharmacy" means:

(a) Any place where drugs, devices, poisons or
related hazardous substances are offered for sale at retail or where
prescription orders are dispensed by a licensed pharmacist.

(b) Any place that displays on or in the place or
that displays a sign on the place the words "pharmaceutical chemist",
"apothecary", "druggist", "pharmacy",
"drugstore", "drugs" or "drug sundries", any
combination of these words, or any words of similar meaning in any language.

(c) Any place where the characteristic symbol of
pharmacy or the characteristic prescription sign "Rx" is exhibited.

(d) Any building or other structure or portion of a
building or other structure that is leased, used or controlled by a permittee
to conduct the business authorized by the board at the address specified on the
permit issued to the permittee.

(e) A remote dispensing site pharmacy.

(f) A remote hospital-site pharmacy.

(g) A satellite pharmacy.

75. "Pharmacy intern" means a person who
has all of the qualifications and experience prescribed in section 32-1923.

76. "Pharmacy technician" means a person
who is licensed pursuant to this chapter.

77. "Pharmacy technician trainee" means a
person who is
licensed

registered
pursuant
to this chapter.

78. "Poison" or "hazardous
substance" includes any of the following if intended and suitable for
household use or use by children:

(a) Any substance that, according to standard works
on medicine, pharmacology, pharmacognosy or toxicology, if applied to,
introduced into or developed within the body in relatively small quantities by
its inherent action uniformly produces serious bodily injury, disease or death.

(b) A toxic substance.

(c) A highly toxic substance.

(d) A corrosive substance.

(e) An irritant.

(f) A strong sensitizer.

(g) A mixture of any of the substances described in
this paragraph, if the substance or mixture of substances may cause substantial
personal injury or substantial illness during or as a proximate result of any
customary or reasonably foreseeable handling or use, including reasonably
foreseeable ingestion by children.

(h) A substance that is designated by the board to
be a poison or hazardous substance. This subdivision does not apply
to radioactive substances, economic poisons subject to the federal insecticide,
fungicide and rodenticide act or the state pesticide act, foods, drugs and
cosmetics subject to state laws or the federal act or substances intended for
use as fuels when stored in containers and used in the heating, cooking or
refrigeration system of a house. This subdivision applies to any
substance or article that is not itself an economic poison within the meaning
of the federal insecticide, fungicide and rodenticide act or the state
pesticide act, but that is a poison or hazardous substance within the meaning
of this paragraph by reason of bearing or containing an economic poison or
hazardous substance.

79. "Practice of pharmacy"
:

(a)
means furnishing the
following health care services as a medical professional:

(i)
(
a
)
Interpreting, evaluating and dispensing
prescription orders in the patient's best interests.

(ii)
(
b
)
Compounding drugs pursuant to or in anticipation
of a prescription order.

(iii)
(
c
)
Labeling drugs and devices in compliance with
state and federal requirements.

(iv)
(
d
)
Participating in drug selection and drug
utilization reviews, drug administration, drug or drug-related research and
drug therapy monitoring or management.

(v)
(
e
)
Providing patient counseling necessary to provide
pharmaceutical care.

(vi)

(
f
)
Properly and safely storing drugs and devices in
anticipation of dispensing.

(vii)
(
g
)
Maintaining required records of drugs and devices.

(viii)
(
h
)
Offering or performing acts, services, operations
or transactions that are necessary to conduct, operate, manage and control a
pharmacy.

(ix)
(
i
)
Providing patient care services pursuant to a
collaborative practice agreement with a provider as outlined in section 32-1970.

(x)
(
j
)
Initiating and administering immunizations or
vaccines pursuant to section 32-1974.

(b) Does not include initiating a
prescription order for any medication, drug or other substance used to induce
or cause a medication abortion as defined in section 36-2151.

80. "Practitioner" means any physician,
dentist, veterinarian, scientific investigator or other person who is licensed,
registered or otherwise permitted to distribute, dispense, conduct research
with respect to or administer a controlled substance in the course of
professional practice or research in this state, or any pharmacy, hospital or
other institution that is licensed, registered or otherwise permitted to
distribute, dispense, conduct research with respect to or administer a
controlled substance in the course of professional practice or research in this
state.

81. "Preceptor" means a pharmacist who is
serving as the practical instructor of an intern and who complies with section
32-1923.

82. "Precursor chemical" means a substance
that is:

(a) The principal compound that is commonly used or
that is produced primarily for use and that is an immediate chemical
intermediary used or likely to be used in the manufacture of a controlled
substance, the control of which is necessary to prevent, curtail or limit
manufacture.

(b) Listed in section 13-3401, paragraph 26 or
27.

83. "Prescription" means either a
prescription order or a prescription medication.

84. "Prescription medication" means any
drug, including label and container according to context, that is dispensed
pursuant to a prescription order.

85. "Prescription-only device"
includes:

(a) Any device that is limited by the federal act to
use under the supervision of a medical practitioner.

(b) Any device required by the federal act to bear
on its label essentially the legend "Rx only".

86. "Prescription-only drug" does
not include a controlled substance but does include:

(a) Any drug that because of its toxicity or other
potentiality for harmful effect, the method of its use, or the collateral
measures necessary to its use is not generally recognized among experts,
qualified by scientific training and experience to evaluate its safety and
efficacy, as safe for use except by or under the supervision of a medical
practitioner.

(b) Any drug that is limited by an approved new drug
application under the federal act or section 32-1962 to use under the
supervision of a medical practitioner.

(c) Every potentially harmful drug, the labeling of
which does not bear or contain full and adequate directions for use by the
consumer.

(d) Any drug, other than a controlled substance,
that is required by the federal act to bear on its label the legend "Rx
only".

87. "Prescription order" means any of the
following:

(a) An order to a pharmacist for drugs or devices
that is issued and signed by a duly licensed medical practitioner in the
authorized course of the practitioner's professional practice.

(b) An order that is transmitted to a pharmacist
through word of mouth, telephone or other means of communication directed by
that medical practitioner. Prescription orders received by word of
mouth, telephone or other means of communication shall be maintained by the
pharmacist pursuant to section 32-1964, and the record so made by the
pharmacist constitutes the original prescription order to be dispensed by the
pharmacist.� This paragraph does not alter or affect laws of this state or any
federal act requiring a written prescription order.

(c) An order that is initiated by a pharmacist
pursuant to a collaborative practice agreement with a provider as outlined in
section 32-1970, or immunizations or vaccines administered by a
pharmacist pursuant to section 32-1974.

(d) A diet order or an order for enteral feeding,
nutritional supplementation or parenteral nutrition that is initiated by a
registered dietitian or other qualified nutrition professional in a hospital
pursuant to section 36-416.

88. "Professionally incompetent" means:

(a) Incompetence based on a variety of factors,
including a lack of sufficient pharmaceutical knowledge or skills or experience
to a degree likely to endanger the health of patients.

(b) When considered with other indications of
professional incompetence, a
pharmacist or pharmacy
intern
who fails to obtain a passing score on a board-approved
pharmacist licensure examination or a pharmacy technician or pharmacy
technician trainee who fails to obtain a passing score on a board-approved
pharmacy technician licensure examination.

89. "Radioactive substance" means a
substance that emits ionizing radiation.

90. "Remote dispensing site pharmacy"
means a pharmacy where a pharmacy technician or pharmacy intern prepares,
compounds or dispenses prescription medications under remote supervision by a
pharmacist.

91. "Remote hospital-site pharmacy"
means a pharmacy located in a satellite facility that operates under the
license issued by the department of health services to the hospital of which it
is a satellite.

92. "Remote supervision by a pharmacist"
means that a pharmacist directs and controls the actions of pharmacy
technicians and pharmacy interns through the use of audio and visual
technology.

93. "Revocation" or "revoke"
means the official cancellation of a license, permit, registration or other
approval authorized by the board for a period of two years unless otherwise
specified by the board. A request or new application for
reinstatement may be presented to the board for review before the conclusion of
the specified revocation period upon review of the executive director.

94. "Safely engage in employment duties"
means that a permittee or the permittee's employee is able to safely engage in
employment duties related to the manufacture, sale, distribution or dispensing
of drugs, devices, poisons, hazardous substances, controlled substances or
precursor chemicals.

95. "Satellite facility" has the same
meaning prescribed in section 36-422.

96. "Satellite pharmacy" means a work area
located within a hospital or on a hospital campus that is not separated by
other commercial property or residential property, that is under the direction
of a pharmacist, that is a remote extension of a centrally licensed hospital
pharmacy, that is owned by and dependent on the centrally licensed hospital
pharmacy for administrative control, staffing and drug procurement and that is
not required to be separately permitted.

97. "Symbol" means the characteristic
symbols that have historically identified pharmacy, including show globes and
mortar and pestle, and the sign "Rx".

98. "Third-party logistics provider"
means an entity that provides or coordinates warehousing or other logistics
services for the following items, but that does not take ownership of the
items, and that distributes those items as directed by a manufacturer, wholesaler,
dispenser or durable medical equipment supplier that is permitted by the board:

(a) Narcotic drugs or other controlled substances.

(b) Dangerous drugs as defined in section 13-3401.

(c) Prescription-only drugs and devices.

(d) Nonprescription drugs and devices.

(e) Precursor chemicals.

(f) Regulated chemicals as defined in section 13-3401.

99. "Toxic substance" means a substance,
other than a radioactive substance, that has the capacity to produce injury or
illness in humans through ingestion, inhalation or absorption through any body
surface.

100. "Ultimate user" means a person who
lawfully possesses a drug or controlled substance for that person's own use,
for the use of a member of that person's household or for administering to an
animal owned by that person or by a member of that person's household.

101. "Virtual manufacturer" means an
entity that contracts for the manufacture of a drug or device, including a
private label distributor as defined in 21 Code of Federal Regulations
part

section
207.1, and that meets all of
the following:

(a) Owns either:

(i) The new drug application or abbreviated new drug
application number as defined by the United States food and drug administration
for a drug.

(ii) The unique device identification number as
defined by the United States food and drug administration for a prescription
device.

(b) Is not involved in the physical manufacture of
the drug or device.

(c) Contracts with a United States food and drug
administration registered manufacturing entity for the physical manufacture of
the drug or device.
END_STATUTE

Sec. 13. Section 32-2501, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-2501.

Definitions

In this chapter, unless the context otherwise requires:

1. "Active license" means a regular
license issued pursuant to this chapter.

2. "Adequate records" means legible
medical records containing, at a minimum, sufficient information to identify
the patient, support the diagnosis, justify the treatment, accurately document
the results, indicate advice and cautionary warnings provided to the patient
and provide sufficient information for another practitioner to assume
continuity of the patient's care at any point in the course of treatment.

3. "Advisory letter" means a
nondisciplinary letter to notify a physician assistant that either:

(a) While there is insufficient evidence to support
disciplinary action, the board believes that continuation of the activities
that led to the investigation may result in further board action against the
licensee.

(b) The violation is a minor or technical violation
that is not of sufficient merit to warrant disciplinary action.

(c) While the licensee has demonstrated substantial
compliance through rehabilitation or remediation that has mitigated the need
for disciplinary action, the board believes that repetition of the activities
that led to the investigation may result in further board action against the
licensee.

4. "Approved program" means a physician
assistant educational program accredited by the accreditation review commission
on education for physician assistants, or one of its predecessor agencies, the
committee on allied health education and accreditation or the commission on the
accreditation of allied health educational programs.

5. "Board" means the Arizona regulatory
board of physician assistants.

6. "Collaborating physician or entity"
means a physician, physician group practice, physician private practice or
licensed health care institution that employs or collaborates with a physician
assistant who has at least eight thousand hours of clinical practice as
certified by the board pursuant to section 32-2536 and does not require a
supervision agreement and that designates one or more physicians by name or
position who
is

are
responsible for
the oversight of the physician assistant.

7. "Completed application" means an
application for which the applicant has supplied all required fees, information
and correspondence requested by the board on forms and in a manner acceptable
to the board.

8. "Immediate family" means the spouse,
natural or adopted children, father, mother, brothers and sisters of the
physician assistant and the natural or adopted children, father, mother,
brothers and sisters of the physician assistant's spouse.

9. "Letter of reprimand" means a
disciplinary letter that is issued by the board and that informs the physician
assistant that the physician assistant's conduct violates state or federal law
and may require the board to monitor the physician assistant.

10. "Limit" means a nondisciplinary action
that is taken by the board and that alters a physician assistant's practice or
medical activities if there is evidence that the physician assistant is or may
be mentally or physically unable to safely engage in health care tasks.

11. "Medically incompetent" means that a
physician assistant lacks sufficient medical knowledge or skills, or both, in
performing delegated health care tasks to a degree likely to endanger the
health or safety of patients.

12. "Minor surgery"
:

(a)
means those invasive
procedures that may be performed by a physician assistant, that are consistent
with the training and experience of the physician assistant, that are normally
taught in courses of training approved by the board, that have been approved by
the board as falling within the scope of practice of a physician assistant and
that are consistent with the practice setting requirements of the physician
assistant.�

(b) Does not include a surgical
abortion.

13. "Physician" means a physician who is
licensed pursuant to chapter 13 or 17 of this title.

14. "Physician assistant" means a person
who is licensed pursuant to this chapter.

15. "Regular license" means a valid and
existing license that is issued pursuant to section 32-2521 to perform
health care tasks.

16. "Restrict" means a disciplinary action
that is taken by the board and that alters a physician assistant's practice or
medical activities if there is evidence that the physician assistant is or may
be medically incompetent or guilty of unprofessional conduct.

17. "Supervising physician" means a
physician who holds a current unrestricted license, who supervises a physician
assistant who has less than eight thousand hours of clinical practice and who
assumes legal responsibility for health care tasks performed by the physician
assistant.

18. "Supervision" means a physician's
opportunity or ability to provide or exercise direction and control over the
services of a physician assistant.� Supervision does not require a physician's
constant physical presence if the supervising physician is or can be easily in
contact with the physician assistant by telecommunication.

19. "Supervision agreement" means a
written or electronic signed agreement that both:

(a) Describes the scope of practice for a physician
assistant who has less than eight thousand hours of clinical practice.

(b) Is between the physician assistant and a
physician or the physician assistant's employer that employs or has on medical
staff at least one physician who may provide oversight, as applicable, and who
holds a current unrestricted license. For the purposes of this
subdivision, "employer" means a physician, physician group practice,
physician private practice or licensed health care institution.

20. "Unprofessional conduct" includes the
following acts by a physician assistant that occur in this state or elsewhere:

(a) Violating any federal or state law or rule that
applies to the performance of health care tasks as a physician assistant.�
Conviction in any court of competent jurisdiction is conclusive evidence of a
violation.

(b) Claiming to be a physician or knowingly allowing
another person to represent that person as a physician.

(c) Performing health care tasks that do not meet
the supervision or collaboration requirements, as applicable, pursuant to
section 32-2531.

(d) Exhibiting a pattern of using or being under the
influence of alcohol or drugs or a similar substance while performing health
care tasks or to the extent that judgment may be impaired and the ability to
perform health care tasks detrimentally affected.

(e) Signing a blank, undated or predated
prescription form.

(f) Committing gross malpractice, repeated
malpractice or any malpractice resulting in the death of a patient.

(g) Representing that a manifestly incurable disease
or infirmity can be permanently cured or that a disease, ailment or infirmity
can be cured by a secret method, procedure, treatment, medicine or device, if
this is not true.

(h) Refusing to divulge to the board on demand the
means, method, procedure, modality of treatment or medicine used in treating a
disease, injury, ailment or infirmity.

(i) Prescribing or dispensing controlled substances
or prescription-only drugs for which the physician assistant is not
approved or in excess of the amount authorized pursuant to this chapter.

(j) Committing any conduct or practice that is or
might be harmful or dangerous to the health of a patient or the public.

(k) Violating a formal order, probation or
stipulation issued by the board.

(l) Failing to clearly disclose the person's
identity as a physician assistant in the course of the physician assistant's
employment.

(m) Failing to use and affix the initials
"P.A." or "P.A.-C." after the physician assistant's
name or signature on charts, prescriptions or professional correspondence.

(n) Procuring or attempting to procure a physician
assistant license by fraud, misrepresentation or knowingly taking advantage of
the mistake of another.

(o) Having professional connection with or lending
the physician assistant's name to an illegal practitioner of any of the healing
arts.

(p) Failing or refusing to maintain adequate records
for a patient.

(q) Using controlled substances that have not been
prescribed by a physician, physician assistant, dentist or nurse practitioner
for use during a prescribed course of treatment.

(r) Prescribing or dispensing controlled substances
to members of the physician assistant's immediate family.

(s) Prescribing, dispensing or administering any
controlled substance or prescription-only drug for other than accepted
therapeutic purposes.

(t) Dispensing a schedule II controlled substance
that is an opioid, except as provided in section 32-2532.

(u) Knowingly making any written or oral false or
fraudulent statement in connection with the performance of health care tasks or
when applying for privileges or renewing an application for privileges at a
health care institution.

(v) Committing a felony, whether or not involving
moral turpitude, or a misdemeanor involving moral turpitude. In
either case, conviction by a court of competent jurisdiction or a plea of no
contest is conclusive evidence of the commission.

(w) Having a certification or license refused,
revoked, suspended, limited or restricted by any other licensing jurisdiction
for the inability to safely and skillfully perform health care tasks or for
unprofessional conduct as defined by that jurisdiction that directly or
indirectly corresponds to any act of unprofessional conduct as prescribed by
this paragraph.

(x) Having sanctions including restriction,
suspension or removal from practice imposed by an agency of the federal
government.

(y) Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of or conspiring to
violate a provision of this chapter.

(z) Using the term "doctor" or the
abbreviation "Dr." on a name tag or in a way that leads the public to
believe that the physician assistant is licensed to practice as an allopathic
or osteopathic physician in this state.

(aa) Failing to furnish legally requested
information to the board or its investigator in a timely manner.

(bb) Failing to allow properly authorized board
personnel to examine on demand documents, reports and records of any kind
relating to the physician assistant's performance of health care tasks.

(cc) Knowingly making a false or misleading
statement on a form required by the board or in written correspondence or
attachments furnished to the board.

(dd) Failing to submit to a body fluid examination
and other examinations known to detect the presence of alcohol or other drugs
pursuant to an agreement with the board or an order of the board.

(ee) Violating a formal order, probation agreement
or stipulation issued or entered into by the board or its executive director.

(ff) Except as otherwise required by law,
intentionally betraying a professional secret or intentionally violating a
privileged communication.

(gg) Allowing the use of the licensee's name in any
way to enhance or allow the continuance of the activities of, or maintaining a
professional connection with, an illegal practitioner of medicine or the
performance of health care tasks by a person who is not licensed pursuant to
this chapter.

(hh) Committing false, fraudulent, deceptive or
misleading advertising by a physician assistant or the physician assistant's
staff or representative.

(ii) Knowingly failing to disclose to a patient on a
form that is prescribed by the board and that is dated and signed by the
patient or guardian acknowledging that the patient or guardian has read and
understands that the licensee has a direct financial interest in a separate
diagnostic or treatment agency or in nonroutine goods or services that the
patient is being prescribed and whether the prescribed treatment, goods or
services are available on a competitive basis. This subdivision does
not apply to a referral by one physician assistant to another physician
assistant or to a doctor of medicine or a doctor of osteopathic medicine within
a group working together.

(jj) With the exception of heavy metal poisoning,
using chelation therapy in the treatment of arteriosclerosis or as any other
form of therapy without adequate informed patient consent or without conforming
to generally accepted experimental criteria, including protocols, detailed
records, periodic analysis of results and periodic review by a medical peer
review committee, or without approval by the United States food and drug
administration or its successor agency.

(kk) Prescribing, dispensing or administering
anabolic or androgenic steroids for other than therapeutic purposes.

(ll) Prescribing, dispensing or furnishing a
prescription medication or a prescription-only device as defined in
section 32-1901 to a person unless the licensee first conducts a physical
examination of that person or has previously established a professional
relationship with the person.� This subdivision does not apply to:

(i) A physician assistant who provides temporary
patient care on behalf of the patient's regular treating licensed health care
professional.

(ii) Emergency medical situations as defined in
section 41-1831.

(iii) Prescriptions written to prepare a patient for
a medical examination.

(iv) Prescriptions written or antimicrobials
dispensed to a contact as defined in section 36-661 who is believed to
have had significant exposure risk as defined in section 36-661 with
another person who has been diagnosed with a communicable disease as defined in
section 36-661 by the prescribing or dispensing physician assistant.

(mm) Engaging in sexual conduct with a current
patient or with a former patient within six months after the last medical
consultation unless the patient was the licensee's spouse at the time of the
contact or, immediately preceding the professional relationship, was in a
dating or engagement relationship with the licensee. For the
purposes of this subdivision, "sexual conduct" includes:

(i) Engaging in or soliciting sexual relationships,
whether consensual or nonconsensual.

(ii) Making sexual advances, requesting sexual
favors or engaging in other verbal conduct or physical contact of a sexual
nature with a patient.

(iii) Intentionally viewing a completely or
partially disrobed patient in the course of treatment if the viewing is not
related to patient diagnosis or treatment under current practice standards.

(nn) Performing health care tasks under a false or
assumed name in this state.
END_STATUTE

Sec. 14. Section 32-2508, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-2508.

Preceptorship awareness campaign; definitions

A. The board shall develop a preceptorship awareness
campaign that educates medical professionals who are licensed pursuant to this
chapter on how to become and the benefits of being a medical preceptor for
students.

B. For the purposes of this section:

1. "Medical preceptor" means a medical
professional who is licensed pursuant to this chapter and who maintains an
active practice in this state.

2. "Preceptorship"
:

(a)
means a mentoring
experience in which a medical preceptor provides a program of personalized
instruction, training and supervision to a student to enable the student to
obtain a medical professional degree to become licensed pursuant to this chapter.

(b) Does not include mentoring for
medical services that are prescribed in section 36-2301.01, subsection C,
paragraph 1.

3. "Student" means an individual who is
matriculating at the graduate level at an accredited institution of higher
education in this state and who is seeking a medical professional degree to
become licensed pursuant to this chapter.
END_STATUTE

Sec. 15. Section 32-2531, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-2531.

Physician assistant scope of practice; health care tasks;
supervision agreements; supervising physician duties; civil penalty

A.
Except as prohibited in subsection
E of this section,
A physician assistant may provide any legal medical
service for which the physician assistant has been prepared by education,
training and experience and that the physician assistant is competent to
perform, including:

1. Obtaining comprehensive health histories and
performing physical examinations.

2. Evaluating and diagnosing patients and managing
and providing medical treatment and therapeutic interventions.

3. Ordering, performing and interpreting diagnostic
studies and therapeutic procedures.

4. Educating patients on health promotion and
disease prevention and providing counseling and education to meet patient
needs.

5. Providing consultation on request.

6. Writing medical orders.

7. Obtaining informed consent.

8. Assisting in surgery.

9. Delegating and assigning therapeutic and
diagnostic measures to and supervising licensed or unlicensed personnel.

10. Making appropriate referrals.

11. Ordering, prescribing, dispensing and
administering drugs and medical devices.

12. Prescribing prescription-only medications.

13. Prescribing schedule IV or schedule V controlled
substances as defined in the controlled substances act (P.L. 91-513; 84 Stat.
1242; 21 United States Code section 802).

14. Prescribing schedule II and schedule III
controlled substances as defined in the controlled substances act.

15. Performing minor surgery.

16. Performing nonsurgical health care tasks that
are normally taught in courses of training approved by the board and that are
consistent with the physician assistant's education, training and experience.

17. Certifying the health or disability of a patient
as required by any local, state or federal program.

18. Ordering home health services.

B. Pursuant to the requirements of this chapter and
the standard of care, a physician assistant who has at least eight thousand
hours of clinical practice certified by the board pursuant to section 32-2536
is not required to practice pursuant to a supervision agreement but shall
continue to collaborate with, consult with or refer to the appropriate health
care professional as indicated by the patient's condition and by the physician
assistant's education, experience and competencies. The level of
collaboration required by this subsection is determined by the policies of the
practice setting at which the physician assistant is employed, including a
physician employer, physician group practice or health care
institution. Collaboration, consultation or a referral pursuant to
this subsection may occur through electronic means and does not require the
physical presence of the appropriate health care professional at the time or
place the physician assistant provides medical services.� This subsection does
not prohibit a physician assistant who has at least eight thousand hours of
clinical practice certified by the board pursuant to section 32-2536 from
practicing pursuant to a supervision agreement.

C. A physician assistant who has less than eight
thousand hours of clinical practice certified by the board shall work in
accordance with a supervision agreement that describes the physician
assistant's scope of practice.� A physician assistant may not perform health
care tasks until the physician assistant has completed and signed a supervision
agreement. Under a supervision agreement, supervision may occur through
electronic means and does not require the physical presence of the supervising
physician at the time or place the physician assistant provides medical
services. The supervision agreement must be kept on file at the main
location of the physician assistant's practice and, on request, be made
available to the board or the board's representative. On receipt of
board certification of the physician assistant's completion of at least eight
thousand hours of clinical practice, a physician assistant is no longer subject
to the requirements of this subsection. The board may count practice
hours earned in another jurisdiction toward the hours of clinical practice
required by this subsection.

D. A physician assistant who does not practice
pursuant to a supervision agreement is legally responsible for the health care
services performed by the physician assistant.

E. A physician assistant shall not
perform surgical abortions as defined in section 36-2151.

F.
E.
A
physician assistant may pronounce death and may authenticate, by the physician
assistant's signature, certification, stamp, verification, affidavit or
endorsement, any form that may be authenticated by a physician's signature,
certification, stamp, verification, affidavit or endorsement.

G.
f.
The
board by rule may prescribe a civil penalty for a violation of this
article. The penalty shall not exceed $50 for each violation.� The
board shall deposit, pursuant to sections 35-146 and 35-147, all
monies it receives from this penalty in the state general fund. A
physician assistant and the supervising physician or collaborating physician or
entity may contest the imposition of this penalty pursuant to board
rule. The imposition of a civil penalty is public information, and
the board may use this information in any future disciplinary actions.
END_STATUTE

Sec. 16. Section 32-2532, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-2532.

Prescribing, administering and dispensing drugs; limits and
requirements; notice

A. Except as provided in subsection G of this
section, a physician assistant shall not prescribe, dispense or administer:

1. A schedule II or schedule III controlled
substance as defined in the controlled substances act (P.L. 91-513; 84
Stat. 1242; 21 United States Code section 802) without board approval and
United States drug enforcement administration registration.� If the physician
assistant has less than eight thousand clinical practice hours, the supervision
agreement shall specify the physician assistant's ability to prescribe,
dispense or administer a schedule II or schedule III controlled substance.

2. A schedule IV or schedule V controlled substance
as defined in the controlled substances act without United States drug
enforcement administration registration. If the physician assistant
has less than eight thousand clinical practice hours, the supervision agreement
shall specify the physician assistant's ability to prescribe, dispense or
administer a schedule IV or schedule V controlled substance.

3. Prescription medication intended to
perform or induce an abortion.

B. If the physician assistant has less than eight
thousand clinical practice hours, the supervision agreement shall specify the
physician assistant's ability to prescribe, dispense or administer prescription-only
medication.

C. All prescription orders issued by a physician
assistant shall contain the name, address and telephone number of the physician
assistant. A physician assistant shall issue prescription orders for controlled
substances under the physician assistant's own United States drug enforcement
administration registration number.

D. If the physician assistant is certified for
prescription privileges pursuant to section 32-2504, subsection A,
initial prescriptions by the physician assistant for schedule II controlled
substances that are opioids are subject to the limits prescribed in sections 32-3248
and 32-3248.01.� For each schedule IV or schedule V controlled substance,
the physician assistant may not prescribe the controlled substance more than
five times in a six-month period for each patient.

E. A prescription by a physician assistant for a
schedule III controlled substance that is an opioid or benzodiazepine is not
refillable without the written consent of a physician.

F. A physician assistant may not dispense, prescribe
or refill prescription-only drugs for a period exceeding one year for
each patient.

G. Except in an emergency, a physician assistant may
dispense schedule II or schedule III controlled substances for a period of use
of not to exceed seventy-two hours with board approval or any other
controlled substance for a period of use of not to exceed ninety days and may
administer controlled substances without board approval if it is medically
indicated in an emergency dealing with potential loss of life or limb or major
acute traumatic pain.� Notwithstanding the authority granted in this subsection,
a physician assistant may not dispense a schedule II controlled substance that
is an opioid, except for an implantable device or an opioid that is for
medication-assisted treatment for substance use disorders or as provided
in section 32-3248.03.

H. Except for samples provided by manufacturers, all
drugs dispensed by a physician assistant shall be labeled to show the name of
the physician assistant.

I. A physician assistant shall not obtain a drug
from any source other than a physician or a pharmacist. A physician
assistant may receive manufacturers' samples.

J. If a physician assistant is approved by the board
to prescribe, administer or dispense schedule II and schedule III controlled
substances, the physician assistant shall maintain an up-to-date
and complete log of all schedule II and schedule III controlled substances the
physician assistant administers or dispenses.� The board may not grant a
physician assistant the authority to dispense schedule II controlled substances
that are opioids, except for implantable devices or opioids that are for
medication-assisted treatment for substance use disorders.

K. The Arizona regulatory board of physician
assistants shall advise the Arizona state board of pharmacy and the United
States drug enforcement administration of all physician assistants who are
authorized to prescribe or dispense drugs and any modification of their
authority.

L. The Arizona state board of pharmacy shall notify
all pharmacies at least quarterly of physician assistants who are authorized to
prescribe or dispense drugs.
END_STATUTE

Sec. 17. Section 32-3217, Arizona Revised
Statutes, is amended to read:

START_STATUTE
32-3217.

Volunteer health services registration; health professionals;
free medical clinic

A. A health profession regulatory board in this
state may issue a volunteer health services registration to allow a health
professional who is not a licensee to practice in this state for a total of up
to fourteen days each calendar year if the health professional meets all of the
following requirements:

1. Holds an active and unrestricted license in a
state, territory or possession of the United States.

2. Has never had a license revoked or suspended.

3. Is not the subject of an unresolved complaint.

4. Applies for registration every two years as
prescribed by the board.

5. Agrees to render services at a free medical
clinic
that does not provide abortions
and restricts the
health professional's authorized services and duties to the provision of care
or service at a free medical clinic.

6. Provides only the care or services that the
health professional is licensed or authorized to provide by the health
professional's regulatory agency or this state's regulatory board for the same
health profession, whichever is more stringent.

B. The fourteen days of practice prescribed by
subsection A of this section may be performed consecutively or cumulatively
during each calendar year.

C. For the purpose of meeting the requirements of
subsection A of this section, an applicant shall provide the appropriate health
profession regulatory board the name of each state in which the person is
licensed or has held a license and the board shall verify with the applicable
regulatory agency of each state that the applicant is licensed or has held a
license, has never had the license revoked or suspended and is not the subject
of an unresolved complaint. The board may accept the verification of
the information required by subsection A, paragraphs 1, 2 and 3 of this section
from each of the other state's regulatory agencies either electronically or by
hard copy.

D. A health profession regulatory board issuing a
volunteer health services registration pursuant to this section may not charge
a fee.

E. A health profession regulatory board may
immediately suspend or revoke a registration issued pursuant to this section on
receiving proof satisfactory to the health profession regulatory board that the
holder of the registration has engaged in practice in this state that is
outside the scope of the registration or that grounds exist for action against
the holder of the registration under the relevant chapter of this title.� The
holder of a registration may request a hearing to challenge the suspension or
revocation of a registration in the manner permitted for appealable agency
actions under title 41, chapter 6, article 10.
END_STATUTE

Sec. 18.
Repeal

Sections 32-3246 and 35-196.02,
Arizona Revised Statutes, are repealed.

Sec. 19. Section 35-196.04, Arizona Revised
Statutes, is amended to read:

START_STATUTE
35-196.04.

Use of public monies prohibited; human cloning; other research;
definition

A. Notwithstanding any other law, tax monies of this
state or any political subdivision of this state, federal monies passing
through the state treasury or the treasury of any political subdivision of this
state or any other public monies shall not be used by any person or entity,
including any
state funded

state-funded

institution or facility, for human somatic cell nuclear transfer,
commonly known as human cloning.

B. Notwithstanding any other law,
public monies or tax monies of this state or any political subdivision of this
state, any federal monies passing through the state treasury or the treasury of
any political subdivision of this state or monies paid by students as part of
tuition or fees to a state university or a community college shall not be expended
or allocated for or granted to or on behalf of an existing or proposed research
project that involves fetal remains from an abortion or human somatic cell
nuclear transfer or any research that is prohibited by title 36, chapter 23.

C.

B.
This
section does not restrict areas of scientific research that are not
specifically prohibited by this section, including research in the use of
nuclear transfer or other cloning techniques to produce molecules,
deoxyribonucleic acid, cells other than human embryos, tissues, organs, plants
or animals other than humans.

D.

C.
For
the purposes of this section, "human somatic cell nuclear transfer"
means human asexual reproduction that is accomplished by introducing the
genetic material from one or more human somatic cells into a fertilized or
unfertilized oocyte whose nuclear material has been removed or inactivated so
as to produce an organism, at any stage of development, that is genetically
virtually identical to an existing or previously existing human organism.
END_STATUTE

Sec. 20. Section 35-196.05, Arizona Revised
Statutes, is amended to read:

START_STATUTE
35-196.05.

Public funding; family planning services; contracting with
certain facilities; prohibition; enforcement; definitions

A. Subject to any applicable requirements of federal
law, regulations or guidelines, any appropriation, expenditure or grant of
public monies for family planning services by this state or any political
subdivision of this state shall be made in the following order of priority:

1. To health care facilities that are owned or
operated by this state or any political subdivision of this state.

2. To hospitals and federally qualified health
centers.

3. To rural health clinics.

4. To health care providers whose primary area of
practice is the provision of primary health services as enumerated in 42 United
States Code section 254b(b)(1).

B. This state or any political
subdivision of this state may not enter into a contract with or make a grant to
any person that performs nonfederally qualified abortions or maintains or
operates a facility where nonfederally qualified abortions are performed for
the provision of family planning services.

C.

B.
The
attorney general or the county attorney may bring an action in law or equity to
enforce this section, and relief shall be made available in appropriate
circumstances, including recoupment and declaratory and injunctive relief.

D.

C.
Any
entity that is eligible
for the receipt of

to
receive
public monies has standing to bring any action that the attorney
general or the county attorney may bring pursuant to subsection
C

B
of this section
,
if the
expenditure or grant of public monies has resulted in the reduction of public
monies available to that entity.

E.

D.
Any
monies that are recouped under actions taken pursuant to subsection
B or
C
or D
of this section shall revert
to the fund from which the monies were appropriated or granted. A prevailing
plaintiff under subsection
B or
C
or D

of this section shall be awarded reasonable attorney fees and costs.

F. For the purposes of this section:

1. "Abortion" has the same
meaning prescribed in section 36-2151.

2.

1.
"Federally
qualified health center" means a health care provider that is eligible for
federal funding under 42 United States Code section 1396d(
1

l)(2)(B).

3.

2.
"Hospital"
means a primary or tertiary care facility
that is
licensed
pursuant to title 36, chapter 4, article 2.

4. "Nonfederally qualified
abortion" means an abortion that does not meet the requirements for
federal reimbursement under title XIX of the social security act.

5.

3.
"Public
monies" means state monies from whatever source, monies of a political
subdivision from whatever source and federal monies provided under title X of
the public health service act (42 United States Code sections 300 through 300a-8)
and titles V, XIX and XX of the social security act.

6.

4.
"Rural
health clinic" means a health care provider that is eligible to receive
federal funding under 42 United States Code section 1395x(aa)(2).
END_STATUTE

Sec. 21. Section 36-301, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-301.

Definitions

In this chapter, unless the context otherwise requires:

1. "Administrative order" means a written
decision issued by an administrative law judge or quasi-judicial entity.

2. "Amend" means to make a change, other
than a correction, to a registered certificate by adding, deleting or
substituting information on that certificate.

3. "Birth" or "live birth" means
the complete expulsion or extraction of an unborn child from the child's
mother, irrespective of the duration of the pregnancy, that shows evidence of
life, with or without a cut umbilical cord or an attached placenta, such as
breathing, heartbeat, umbilical cord pulsation or definite voluntary muscle
movement after expulsion or extraction of the unborn child.

4. "Certificate" means a record that
documents a birth or death.

5. "Certified copy" means a written
reproduction of a registered certificate that a local registrar, a deputy local
registrar or the state registrar has authenticated as a true and exact written
reproduction of a registered certificate.

6. "Correction" means a change made to a
registered certificate because of a typographical error, including misspelling
and missing or transposed letters or numbers.

7. "Court order" means a written decision
issued by:

(a) The superior court, an appellate court or the
supreme court or an equivalent court in another state.

(b) A commissioner or judicial hearing officer of
the superior court.

(c) A judge of a tribal court in this state.

8. "Current care" means that a health care
provider has examined, treated or provided care for a person for a chronic or
acute condition within eighteen months preceding that person's
death. Current care does not include services provided in connection
with a single event of emergency or urgent care.� For the purposes of this
paragraph, "treated" includes prescribing medication.

9. "Custody" means legal authority to act
on behalf of a child.

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

11. "Electronic" means technology that has
electrical, digital, magnetic, wireless, optical or electromagnetic
capabilities or technology with similar capabilities.

12. "Evidentiary document" means written
information used to prove the fact for which the document is presented.

13. "Family member" means:

(a) A person's spouse, natural or adopted offspring,
father, mother, grandparent, grandchild to any degree, brother, sister, aunt,
uncle or first or second cousin.

(b) The natural or adopted offspring, father,
mother, grandparent, grandchild to any degree, brother, sister, aunt, uncle or
first or second cousin of the person's spouse.

14. "Fetal death" means the cessation of
life before the complete expulsion or extraction of an unborn child from the
child's mother that is evidenced by the absence of breathing, heartbeat,
umbilical cord pulsation or definite voluntary muscle movement after expulsion
or extraction.

15. "Final disposition" means the
interment, cremation, removal from this state or other disposition of human
remains.

16. "Foundling" means:

(a) A newborn infant
who is
left
with a safe haven provider pursuant to section 13-3623.01.

(b) A child whose father and mother cannot be
determined.

17. "Funeral establishment" has the same
meaning prescribed in section 32-1301.

18. "Health care institution" has the same
meaning prescribed in section 36-401.

19. "Health care
provider" means:

(a) A physician
who is
licensed pursuant to title 32, chapter 13 or 17.

(b) A doctor of naturopathic medicine
who is
licensed pursuant to title 32, chapter 14.

(c) A midwife
who is
licensed
pursuant to chapter 6, article 7 of this title.

(d) A nurse midwife
who is
certified
pursuant to title 32, chapter 15.

(e) A nurse practitioner
who is
licensed
and certified pursuant to title 32, chapter 15.

(f) A physician assistant
who is
licensed
pursuant to title 32, chapter 25.

(g) A health care provider who is licensed or
certified by another state or jurisdiction of the United States and who works
in a federal health care facility.

20. "Human remains" means a lifeless human
body or parts of a human body that permit a reasonable inference that death
occurred.

21. "Issue" means:

(a) To provide a copy of a registered certificate.

(b) An action taken by a court of competent
jurisdiction, administrative law judge or quasi-judicial entity.

22. "Legal age" means a person who is at
least eighteen years of age or who is emancipated by a court order.

23. "Medical certification of death" means
the opinion of the health care provider who signs the certificate of probable
or presumed cause of death that complies with rules adopted by the state
registrar of vital records and that is based on any of the following that is
reasonably available:

(a) Personal examination.

(b) Medical history.

(c) Medical records.

(d) Other reasonable forms of evidence.

24. "Medical examiner" means a medical
examiner or alternate medical examiner as defined in section 11-591.

25. "Name" means a designation that
identifies a person, including a first name, middle name, last name or suffix.

26. "Natural causes" means those causes
that are due solely or nearly entirely to disease or the aging process.

27. "Presumptive death" means a
determination by a court that a death has occurred or is presumed to have
occurred but the human remains have not been located or recovered.

28. "Register" means to assign an official
state number and to incorporate into the state registrar's official records.

29. "Responsible person" means a person
listed in section 36-831.

30. "Seal" means to bar from access.

31. "Submit" means to present, physically
or electronically, a certificate, evidentiary document or form provided for in
this chapter to a local registrar, a deputy local registrar or the state
registrar.

32. "System of public health statistics"
means the processes and procedures for:

(a) Tabulating, analyzing and publishing public
health information derived from vital records data and other sources authorized
pursuant to section 36-125.05 or section 36-132, subsection A,
paragraph 3.

(b) Performing other activities related to public
health information.

33. "System of vital records" means the
statewide processes and procedures for:

(a) Electronically or physically collecting,
creating, registering, maintaining, copying and preserving vital records.

(b) Preparing and issuing certified and noncertified
copies of vital records.

(c) Performing other activities related to vital
records.

34. "Unborn child" has the
same meaning prescribed in section 36-2151.

35.
34.
"Vital
record" means a registered birth certificate or a registered death
certificate.
END_STATUTE

Sec. 22. Section 36-402, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-402.

Exemptions

A. This chapter and the rules adopted by the
director pursuant to this chapter do not authorize the licensure, supervision,
regulation or control of:

1. The remedial care or treatment of residents or
patients in any home or institution conducted only for those who rely solely on
treatment by prayer or spiritual means in accordance with the creed or tenets
of any well-recognized church or religious denomination.

2. Establishments, such as motels, hotels and
boarding houses, that provide domiciliary and ancillary commercial services but
do not provide adaptive, medical, hospital, nursing, behavioral health, health-related
or supervisory care services.

3. Private offices and clinics of health care
providers licensed under title 32 that are not freestanding urgent care
centers, unless:

(a) Patients of the office or clinic are kept
overnight as bed patients or treated otherwise under general anesthesia, except
when treatment by general anesthesia is regulated by title 32, chapter 11.

(b) The office or clinic is an
abortion clinic. For the purposes of this subdivision,
"abortion clinic" has the same meaning prescribed in section 36-449.01.

(c)
(
b
)
The office or clinic is a pain management
clinic. For the purposes of this subdivision, "pain management
clinic" has the same meaning prescribed in section 36-448.01.

4. Dispensaries and first aid stations that are
located within business or industrial establishments and that are maintained
solely for the use of employees if the facility does not contain inpatient beds
and is under the supervision of a physician or a registered nurse practitioner.

5. The collection, processing or distribution of
whole human blood, blood components, plasma, blood fractions or derivatives
that are procured, processed or distributed by federally licensed and regulated
blood banks.

6. Places where four or fewer adults who are not
related to the administrator or owner receive adult day health services for
compensation on a regular basis.

7. Places at which persons receive health-related
services only from relatives or from legal guardians or places that do not
purport to be establishments that regularly provide health-related
services and at which one or two persons receive health-related services
on a twenty-four-hour basis.

8. The personal residence of a terminally ill
person, or the personal residence of that person's relative or guardian, where
that person receives hospice services from a hospice service agency.

9. All medical and health-related facilities
and services that are provided to inmates who are confined in a state prison.�
The state department of corrections shall annually evaluate the medical and
health-related facilities and services that are provided to inmates to
determine that the facilities and services meet the applicable standards that
are adopted by the director of the department of health services.� The state
department of corrections shall report the results of its annual evaluation and
the actual findings, including a plan of correction for any deficiencies, to
the director of the department of health services.� The department of health
services shall conduct validation surveys on a percentage of the medical and
health-related facilities, the number of which shall be determined by the
state department of corrections and the department of health
services. The director of the state department of corrections shall
maintain the annual evaluation reports.� This paragraph does not apply to
licensed behavioral or mental health inpatient treatment facilities that the
state department of corrections operates.

10. A facility that provides medical and health
services to inmates who are confined in a county jail.� The sheriff shall
annually evaluate the facility to determine if it meets the applicable
standards that are adopted by either a national corrections commission on
health care or an American correctional association, or the sheriff shall
annually submit the facility to a similar separate inspection by an outside
agency with medical standards. The sheriff must submit the
certificate of accreditation or proof of successful inspection to the
department annually and keep a copy of the certificate or proof of inspection.

11. Community education, advocacy or recovery
support groups that are not owned or operated by or contracted to provide
services with a health care institution.

12. An outpatient treatment center that has the same
direct owner or indirect owner as a hospital licensed pursuant to this chapter,
that is staffed by health care providers who are licensed pursuant to title 32
and that provides notice to the department of its decision to be exempt from
licensure under this chapter, unless:

(a) Patients are kept overnight in the outpatient
treatment center or are treated under general anesthesia, except when the
treatment by general anesthesia is regulated pursuant to title 32, chapter 11.

(b) The outpatient treatment center is
an abortion clinic as defined in section 36-449.01.

(c)
(
b
)
The outpatient treatment center is a pain
management clinic as defined in section 36-448.01.

B. A medical and health-related facility that
provides medical and health services exclusively to persons who are
incarcerated, detained or confined under court order or court jurisdiction is
exempt from the patient-per-room capacity requirements provided in
rule if the facility:

1. Does not exceed its intended medical and
custodial purposes.

2. Adopts policies and procedures to comply with the
national commission on correctional health care standards, or equivalent
standards.

3. As soon as practicable, becomes accredited by the
national commission on correctional health care, or by an equivalent
organization.

4. Once accreditation is obtained, submits a
certificate of accreditation to the department of health services annually.

5. Maintains a copy of the certificate of
accreditation.

6. Maintains patient and custodial records,
including on-site current photographs and fingerprints, if permitted by
applicable law.

7. Makes patient lists with inmate identifiers
available to the state department of corrections on reasonable request.

8. Provides timely notice of any major incident
involving public safety to the appropriate law enforcement agency and allows
that agency access to the facility for the purposes of law enforcement and
investigation.

C. Subsection B of this section does not apply to
health care institutions that exclusively provide behavioral health services.
END_STATUTE

Sec. 23. Section 36-404, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-404.

Limitation of disclosure of information

A. Information received and records kept by the
department for the purpose of administering this chapter are available to the
public except:

1. Information obtained for purposes of
articles 4 and

article
5 of this chapter.

2. Personally identifiable medical information or
any information from which a patient or the patient's family might be
identified.

3. Sources of information that cause the department
to believe that an inspection of an institution is needed to determine the
extent of compliance with this chapter and rules adopted pursuant to this
chapter.

4. Personally identifiable information of a
physician that is received
and any records kept regarding the
physician's admitting privileges pursuant to section 36-449.02
.

B. The department may release information listed
under subsection A of this section to an officer of the court pursuant to a
court order, a department or agency of this state or the federal government, a
law enforcement agency or a county medical examiner if the release of this
information is necessary and pertinent to an investigation or proceeding unless
the release of this information is prohibited by federal or state
law. The recipient shall maintain patient and source name confidentiality.

END_STATUTE

Sec. 24. Section 36-427, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-427.

Suspension or revocation; intermediate sanctions

A. The director, pursuant to title 41, chapter 6,
article 10, may suspend or revoke, in whole or in part, the license of any
health care institution if its owners, officers, agents or employees:

1. Violate this chapter or the rules of the
department adopted pursuant to this chapter.

2. Knowingly aid, permit or abet the commission of
any crime involving medical and health-related services.

3. Have been, are or may continue to be in
substantial violation of the requirements for licensure of the institution, as
a result of which the health or safety of one or more patients or the general
public is in immediate danger.

4. Fail to comply with section 36-2901.08.

5. Violate section 36-2302.

B. If the licensee, the chief administrative officer
or any other person in charge of the institution refuses to permit the
department or its employees or agents the right to inspect the institution's
premises as provided in section 36-424, such action shall be deemed
reasonable cause to believe that a substantial violation under subsection A,
paragraph 3 of this section exists.

C. If the director reasonably believes that a
violation of subsection A, paragraph 3 of this section has occurred and that
life or safety of patients will be immediately affected, the director, on
written notice to the licensee, may order the immediate restriction of
admissions or readmissions, selected transfer of patients out of the facility,
reduction of capacity and termination of specific services, procedures,
practices or facilities.

D. The director may rescind, in whole or in part,
sanctions imposed pursuant to this section on correction of the violation or
violations for which the sanctions were imposed.
END_STATUTE

Sec. 25.
Repeal

A. Title 36, chapter 4,
article 10, Arizona Revised Statutes, is repealed.

B. Title 36, chapter 20,
Arizona Revised Statutes, is repealed.

Sec. 26.
Heading change

The chapter heading of title 36,
chapter 23, Arizona Revised Statutes, is changed from "
Protection of Fetus or Embryo
" to
"
Embryos
".

Sec. 27.
Repeal

Title 36, chapter 23, articles 1 and
3, Arizona Revised Statutes, are repealed.

Sec. 28. Section 36-2907, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-2907.

Covered health and medical services; modifications; related
delivery of service requirements; rules; definitions

A. Subject to the limits and exclusions specified in
this section, contractors shall provide the following medically necessary
health and medical services:

1. Inpatient hospital services that are ordinarily
furnished by a hospital to care for and treat inpatients and that are provided
under the direction of a physician or a primary care
practitioner. For the purposes of this section, inpatient hospital
services exclude services in an institution for tuberculosis or mental diseases
unless authorized under an approved section 1115 waiver.

2. Outpatient health services that are ordinarily
provided in hospitals, clinics, offices and other health care facilities by
licensed health care providers. Outpatient health services include
services provided by or under the direction of a physician or a primary care
practitioner, including occupational therapy.

3. Other laboratory and X-ray services ordered
by a physician or a primary care practitioner.

4. Medications that are ordered on prescription by a
physician or a dentist who is licensed pursuant to title 32, chapter 11.�
Persons who are dually eligible for title XVIII and title XIX services must
obtain available medications through a medicare licensed or certified medicare
advantage prescription drug plan, a medicare prescription drug plan or any
other entity authorized by medicare to provide a medicare part D prescription
drug benefit.

5. Medical supplies,
durable medical equipment, insulin pumps and prosthetic devices ordered by a
physician or a primary care practitioner. Suppliers of durable medical
equipment shall provide the administration with complete information about the
identity of each person who has an ownership or controlling interest in their
business and shall comply with federal bonding requirements in a manner
prescribed by the administration.

6. For persons who are at least twenty-one
years of age, treatment of medical conditions of the eye, excluding eye
examinations for prescriptive lenses and the provision of prescriptive lenses.

7. Early and periodic health screening and
diagnostic services as required by section 1905(r) of title XIX of the social
security act for members who are under twenty-one years of age.

8. Family planning services
that do
not include abortion or abortion counseling
. If a contractor
elects not to provide family planning services, this election does not
disqualify the contractor from delivering all other covered health and medical
services under this chapter. In that event, the administration may
contract directly with another contractor, including an outpatient surgical
center or a noncontracting provider, to deliver family planning services to a
member who is enrolled with the contractor that elects not to provide family
planning services.

9. Podiatry services that are performed by a
podiatrist who is licensed pursuant to title 32, chapter 7 and ordered by a
primary care physician or primary care practitioner.

10. Nonexperimental transplants approved for title
XIX reimbursement.

11. Dental services as follows:

(a) Except as provided in subdivision (b) of this
paragraph, for persons who are at least twenty-one years of age,
emergency dental care and extractions in an annual amount of not more than
$1,000 per member.

(b) Subject to approval by the centers for medicare
and medicaid services, for persons treated at an Indian health service or
tribal facility, adult dental services that are eligible for a federal medical
assistance percentage of one hundred percent and that exceed the limit
prescribed in subdivision (a) of this paragraph.

12. Ambulance and nonambulance transportation,
except as provided in subsection G of this section.

13. Hospice care.

14. Orthotics, if all of the following apply:

(a) The use of the orthotic is medically necessary
as the preferred treatment option consistent with medicare guidelines.

(b) The orthotic is less expensive than all other
treatment options or surgical procedures to treat the same diagnosed condition.

(c) The orthotic is ordered by a physician or
primary care practitioner.

15. Subject to approval by the centers for medicare
and medicaid services, medically necessary chiropractic services that are
performed by a chiropractor who is licensed pursuant to title 32, chapter 8 and
that are ordered by a primary care physician or primary care practitioner
pursuant to rules adopted by the administration. The primary care
physician or primary care practitioner may initially order up to twenty visits
annually that include treatment and may request authorization for additional
chiropractic services in that same year if additional chiropractic services are
medically necessary.

16. For up to ten
program hours annually, diabetes outpatient self-management training
services, as defined in 42 United States Code section 1395x, if prescribed by a
primary care practitioner in either of the following circumstances:

(a) The member is
initially diagnosed with diabetes.

(b) For a member who has
previously been diagnosed with diabetes, either:

(i) A change occurs in
the member's diagnosis, medical condition or treatment regimen.

(ii) The member is not meeting appropriate clinical
outcomes.

17. Pursuant to the terms and conditions that are
approved by the centers for medicare and medicaid services and subject to
available funding, traditional healing services, if both of the following
apply:

(a) The member qualifies for services through the
Indian health service or a tribal facility pursuant to the conditions of
participation outlined in 42 Code of Federal Regulations section 136.12.

(b) The traditional healing service is delivered by
or through the Indian health service or a tribal facility.

B. The limits and exclusions for health and medical
services provided under this section are as follows:

1. Circumcision of newborn males is not a covered
health and medical service.

2. For eligible persons who are at least twenty-one
years of age:

(a) Prosthetic devices do not include hearing aids,
dentures or bone-anchored hearing aids. Prosthetic devices,
except prosthetic implants, may be limited to $12,500 per contract year.

(b) Percussive vests are not covered health and
medical services.

(c) Durable medical equipment is limited to items
covered by medicare.

(d) Nonexperimental transplants do not include
pancreas-only transplants.

(e) Bariatric surgery procedures, including
laparoscopic and open gastric bypass and restrictive procedures, are not
covered health and medical services.

C. The system shall pay noncontracting providers
only for health and medical services as prescribed in subsection A of this
section and as prescribed by rule.

D. The director shall adopt rules necessary to
limit, to the extent possible, the scope, duration and amount of services,
including maximum limits for inpatient services that are consistent with
federal regulations under title XIX of the social security act (P.L. 89-97;
79 Stat. 344; 42 United States Code section 1396 (1980)). To
the extent possible and practicable, these rules shall provide for the prior
approval of medically necessary services provided pursuant to this chapter.

E. The director shall make available home health
services in lieu of hospitalization pursuant to contracts awarded under this
article.� For the purposes of this subsection, "home health services"
means the provision of nursing services, home health aide services or medical
supplies, equipment and appliances that are provided on a part-time or
intermittent basis by a licensed home health agency within a member's residence
based on the orders of a physician or a primary care practitioner.� Home health
agencies shall comply with the federal bonding requirements in a manner
prescribed by the administration.

F. The director shall adopt rules for the coverage
of behavioral health services for persons who are eligible under section 36-2901,
paragraph 6, subdivision (a). The administration acting through
the regional behavioral health authorities shall establish a diagnostic and
evaluation program to which other state agencies shall refer children who are
not already enrolled pursuant to this chapter and who may be in need of
behavioral health services. In addition to an evaluation, the
administration acting through regional behavioral health authorities shall also
identify children who may be eligible under section 36-2901,
paragraph 6, subdivision (a) or section 36-2931, paragraph 5 and
shall refer the children to the appropriate agency responsible for making the
final eligibility determination.

G. The director shall adopt rules providing for
transportation services and rules providing for copayment by members for
transportation for other than emergency purposes. Subject to
approval by the centers for medicare and medicaid services, nonemergency
medical transportation shall not be provided except for stretcher vans and
ambulance transportation. Prior authorization is required for transportation by
stretcher van and for medically necessary ambulance transportation initiated
pursuant to a physician's direction. Prior authorization is not
required for medically necessary ambulance transportation services rendered to
members or eligible persons initiated by dialing telephone number 911 or other
designated emergency response systems.

H. The director may adopt rules to allow the
administration, at the director's discretion, to use a second opinion procedure
under which surgery may not be eligible for coverage pursuant to this chapter
without documentation as to need by at least two physicians or primary care
practitioners.

I. If the director does not receive bids within the
amounts budgeted or if at any time the amount remaining in the Arizona health
care cost containment system fund is insufficient to pay for full contract
services for the remainder of the contract term, the administration, on
notification to system contractors at least thirty days in advance, may modify
the list of services required under subsection A of this section for persons
defined as eligible other than those persons defined pursuant to section 36-2901,
paragraph 6, subdivision (a).� The director may also suspend services or may
limit categories of expense for services defined as optional pursuant to title
XIX of the social security act (P.L. 89-97; 79 Stat. 344; 42 United
States Code section 1396 (1980)) for persons defined pursuant to section 36-2901,
paragraph 6, subdivision (a). Such reductions or suspensions do not
apply to the continuity of care for persons already receiving these services.

J. All health and medical services provided under
this article shall be provided in the geographic service area of the member,
except:

1. Emergency services and specialty services
provided pursuant to section 36-2908.

2. That the director may allow the delivery of
health and medical services in other than the geographic service area in this
state or in an adjoining state if the director determines that medical practice
patterns justify the delivery of services or a net reduction in transportation
costs can reasonably be expected. Notwithstanding the definition of
physician as prescribed in section 36-2901, if services are procured from
a physician or primary care practitioner in an adjoining state, the physician
or primary care practitioner shall be licensed to practice in that state
pursuant to licensing statutes in that state that are similar to title 32,
chapter 13, 15, 17 or 25 and shall complete a provider agreement for this
state.

K. Covered outpatient services shall be
subcontracted by a primary care physician or primary care practitioner to other
licensed health care providers to the extent practicable for purposes
including, but not limited to, making health care services available to
underserved areas, reducing costs of providing medical care and reducing
transportation costs.

L. The director shall adopt rules that prescribe the
coordination of medical care for persons who are eligible for system
services. The rules shall include provisions for transferring
patients and medical records and initiating medical care.

M. Pursuant to the terms and conditions that are
approved by the centers for medicare and medicaid services and subject to
available funding, the director shall implement limited benefit coverage
prerelease services to eligible incarcerated individuals and committed youth
for up to ninety days immediately before
the individuals'

each individual's
or committed youth's expected date of release
from a prison, jail, secure care facility or tribal correctional facility.

N. Notwithstanding section 36-2901.08, monies
from the hospital assessment fund established by section 36-2901.09 may
not be used to provide any of the following:

1. Chiropractic services as prescribed in subsection
A, paragraph 15 of this section.

2. Diabetes outpatient
self-management training services as prescribed in subsection A, paragraph 16
of this section.

3. Speech therapy
provided in an outpatient setting to eligible persons who are at least twenty-one
years of age.

4. Cochlear implants to
eligible persons who are at least twenty-one years of age.

O. For the purposes of this section:

1. "Ambulance" has the same meaning
prescribed in section 36-2201.

2. "Tribal facility" has the same meaning
prescribed in section 36-2981.
END_STATUTE

Sec. 29.
Repeal

Section 36-3604, Arizona Revised
Statutes, is repealed.

Sec. 30. Section 41-1033, Arizona Revised
Statutes, is amended to read:

START_STATUTE
41-1033.

Petition for a rule or review of an agency practice, substantive
policy statement, final rule or unduly burdensome licensing requirement; notice

A. Any person may petition an agency to do either of
the following:

1. Make, amend or repeal a final rule.

2. Review an existing agency practice or substantive
policy statement that the petitioner alleges to constitute a rule.

B. An agency shall prescribe the form of the
petition and the procedures for the petition's submission, consideration and
disposition.� The person shall state on the petition the rulemaking to review
or the agency practice or substantive policy statement to consider revising,
repealing or making into a rule.

C. Not later than sixty days after submission of the
petition, the agency shall either:

1. Reject the petition and state its reasons in
writing for rejection to the petitioner.

2. Initiate rulemaking proceedings in accordance
with this chapter.

3. If otherwise lawful, make a rule.

D. The agency's response to the petition is open to
public inspection.

E. If an agency rejects a petition pursuant to
subsection C of this section, the petitioner has thirty days to appeal to the
council to review whether the existing agency practice or substantive policy
statement constitutes a rule. The petitioner's appeal may not be
more than five double-spaced pages.

F. A person may petition the council to request a
review of a final rule based on the person's belief that the final rule does
not meet the requirements prescribed in section 41-1030. A
petition submitted under this subsection may not be more than five double-spaced
pages.

G. A person may petition the council to request a
review of an existing agency practice, substantive policy statement, final rule
or regulatory licensing requirement that the petitioner alleges is not
specifically authorized by statute, exceeds the agency's statutory authority,
is unduly burdensome or is not demonstrated to be necessary to specifically
fulfill a public health, safety or welfare concern. On receipt of a
properly submitted petition pursuant to this section, the council shall review
the existing agency practice, substantive policy statement, final rule or
regulatory licensing requirement as prescribed by this section. A
petition submitted under this subsection may not be more than five double-spaced
pages.
This subsection does not apply to an individual
or institution that is subject to title 36, chapter 4, article 10 or
chapter 20.

H. If the council receives information that alleges
an existing agency practice or substantive policy statement may constitute a
rule, that a final rule does not meet the requirements prescribed in section 41-1030
or that an existing agency practice, substantive policy statement, final rule
or regulatory licensing requirement exceeds the agency's statutory authority,
is not specifically authorized by statute or does not meet the guidelines
prescribed in subsection G of this section, or if the council receives an
appeal under subsection E of this section, and at least three council members
request of the chairperson that the matter be heard in a public meeting:

1. Within ninety days after receiving the third
council member's request, the council shall determine whether any of the
following applies:

(a) The agency practice or substantive policy
statement constitutes a rule.

(b) The final rule meets the requirements prescribed
in section 41-1030.

(c) An existing agency practice, substantive policy
statement, final rule or regulatory licensing requirement exceeds the agency's
statutory authority, is not specifically authorized by statute or
meets

does not meet
the guidelines
prescribed in subsection G of this section.

2. Within ten days after receiving the third council
member's request, the council shall notify the agency that the matter has been
or will be placed on the council's agenda for consideration on the merits.

3. Not later than thirty days after receiving notice
from the council, the agency shall submit a statement of not more than five
double-spaced pages to the council that addresses whether any of the
following applies:

(a) The existing agency practice or substantive
policy statement constitutes a rule.

(b) The final rule meets the requirements prescribed
in section 41-1030.

(c) An existing agency practice, substantive policy
statement, final rule or regulatory licensing requirement exceeds the agency's
statutory authority, is not specifically authorized by statute or meets the
guidelines prescribed in subsection G of this section.

I. At the hearing, the council shall allocate the
petitioner and the agency an equal amount of time for oral comments not
including any time spent answering questions raised by council
members. The council may also allocate time for members of the
public who have an interest in the issue to provide oral comments.

J. For the purposes of subsection H of this section,
the council meeting shall not be scheduled until the expiration of the agency
response period prescribed in subsection H, paragraph 3 of this section.

K. An agency practice, substantive policy statement,
final rule or regulatory licensing requirement considered by the council
pursuant to this section shall remain in effect while under consideration of
the council.� If the council determines that the agency practice, substantive
policy statement or regulatory licensing requirement exceeds the agency's
statutory authority, is not authorized by statute or constitutes a rule or that
the final rule does not meet the requirements prescribed in section 41-1030,
the practice, policy statement, rule or regulatory licensing requirement shall
be void.� If the council determines that the existing agency practice,
substantive policy statement, final rule or regulatory licensing requirement is
unduly burdensome or is not demonstrated to be necessary to specifically
fulfill a public health, safety or welfare concern, the council shall modify,
revise or declare void any such existing agency practice, substantive policy
statement, final rule or regulatory licensing requirement. If an
agency decides to further pursue a practice, substantive policy statement or
regulatory licensing requirement that has been declared void or has been
modified or revised by the council, the agency may do so only pursuant to a new
rulemaking.

L. A council decision pursuant to this section shall
be made by a majority of the council members who are present and voting on the
issue. Notwithstanding any other law, the council may not base any decision
concerning an agency's compliance with the requirements of section 41-1030
in issuing a final rule or substantive policy statement on whether any party or
person commented on the rulemaking or substantive policy statement.

M. A decision by the council pursuant to this
section is not subject to judicial review, except that, in addition to the
procedure prescribed in this section or in lieu of the procedure prescribed in
this section, a person may seek declaratory relief pursuant to section 41-1034.

N. Each agency and the secretary of state shall post
prominently on their websites notice of an individual's right to petition the
council for review pursuant to this section.
END_STATUTE

Sec. 31. Section 41-1080.01, Arizona Revised
Statutes, is amended to read:

START_STATUTE
41-1080.01.

Licensing fees; waiver; annual report; definitions

A. Except for an individual who applies for a
license pursuant to title 36,
chapter 4, article 10 or

chapter 28.1, an agency shall waive any fee charged for an initial license for
any of the following individuals if the individual is applying for that
specific license in this state for the first time:

1. Any individual applicant whose family income does
not exceed two hundred percent of the federal poverty guidelines.

2. Any active duty military service member's spouse.

3. Any honorably discharged veteran who has been
discharged not more than two years before application.

B. On or before March 1 of each year, the department
of administration shall report to the president of the senate, the speaker of
the house of representatives, the joint legislative budget committee and the
governor's office of strategic planning and budgeting the total number of
waived licensing fees by each agency. The report shall specify for
which purpose the fee was waived pursuant to this section.

C. For the purposes of this section,
"agency" and "license" have the same meanings prescribed in
section 41-1080.
END_STATUTE

Sec. 32. Section 41-1093, Arizona Revised
Statutes, is amended to read:

START_STATUTE
41-1093.

Definitions

In this article, unless the context otherwise requires:

1. "Health, safety or welfare":

(a) Means the protection of members of the public
against harm, fraud or loss, including the preservation of public security,
order or health.

(b) Does not include the protection of existing
businesses or agencies, whether publicly or privately owned, against
competition.

2. "Individual" means a natural person.

3. "Occupational regulation":

(a) Means a rule, regulation, practice or policy
that allows an individual to use an occupational title or work in a lawful
occupation, trade or profession or a cease and desist demand or other
regulatory requirement that prevents an individual from using an occupational
title or working in a lawful occupation, trade or profession.

(b) Does not include:

(i) A business
license, facility license, building permit or zoning and land use regulation.

(ii) Any rule or regulation relating
to an institution or individual that is subject to title 36, chapter 4, article
10 or chapter 20.

(iii)

(
ii
)
Any license or regulation that is required by
federal law.

(iv)

(
iii
)
Any rule or regulation adopted by an agency that
is authorized by statute and has been approved by the council pursuant to
section 41-1052.

(v)

(
iv
)
Any rule or regulation relating to emergency
medical and transportation services that originated with a public access system
or medical transportation requested by a medical authority or by the patient
for which a certificate of necessity is required under section 36-2233.

(vi)

(
v
)
Any rule relating to the licensing of a securities
dealer, securities salesman, investment adviser or investment adviser
representative.
END_STATUTE

Sec. 33. Section 43-1088, Arizona Revised
Statutes, is amended to read:

START_STATUTE
43-1088.

Credit for contribution to qualifying charitable organizations
and qualifying foster care charitable organizations; definitions

A. Except as provided in
subsections B and C of this section, a credit is allowed against the taxes
imposed by this title for voluntary cash contributions by the taxpayer or on
the taxpayer's behalf pursuant to section 43-401, subsection G during the
taxable year to a qualifying charitable organization, other than a qualifying
foster care charitable organization, not to exceed:

1. $400 in any taxable
year for a single individual or a head of household.

2. $800 in any taxable
year for a married couple filing a joint return.

B. A separate credit is
allowed for voluntary cash contributions during the taxable year to a
qualifying foster care charitable organization. A contribution to a
qualifying foster care charitable organization does not qualify for, and shall
not be included in, any credit amount under subsection A of this
section. If the voluntary cash contribution by the taxpayer or on
the taxpayer's behalf pursuant to section 43-401, subsection G is to a
qualifying foster care charitable organization, the credit shall not exceed:

1. $500 in any taxable
year for a single individual or a head of household.

2. $1,000 in any taxable
year for a married couple filing a joint return.

C. Subsections A and B of this section provide
separate credits against taxes imposed by this title depending on the
recipients of the contributions. A taxpayer, including a married
couple filing a joint return, in the same taxable year, may either or both:

1. Contribute to a qualifying charitable
organization, other than a qualifying foster care charitable organization, and
claim a credit under subsection A of this section.

2. Contribute to a qualifying foster care charitable
organization and claim a credit under subsection B of this section.

D. A husband and wife who file separate returns for
a taxable year in which they could have filed a joint return may each claim
only one-half of the tax credit that would have been allowed for a joint
return.

E. For the purposes of
this section, a contribution for which a credit is claimed and that is made on
or before the fifteenth day of the fourth month following the close of the
taxable year may be applied to either the current or preceding taxable year and
is considered to have been made on the last day of that taxable year.

F. If the allowable tax
credit exceeds the taxes otherwise due under this title on the claimant's
income, or if there are no taxes due under this title, the taxpayer may carry
forward the amount of the claim not used to offset the taxes under this title
for not more than five consecutive taxable years' income tax liability.

G. The credit allowed by
this section is in lieu of a deduction pursuant to section 170 of the internal
revenue code and taken for state tax purposes.

H. For taxable years
beginning from and after December 31, 2022, the department shall adjust the
dollar amounts prescribed in subsection A, paragraphs 1 and 2 of this section
and subsection B, paragraphs 1 and 2 of this section according to the average
annual change in the metropolitan Phoenix consumer price index published by the
United States department of labor, bureau of labor statistics. The
revised dollar amounts shall be raised to the nearest whole
dollar. The dollar amounts may not be revised below the amounts
prescribed in the prior taxable year.

I. Taxpayers taking a
credit authorized by this section shall provide the name of the qualifying
charitable organization and the amount of the contribution to the department on
forms provided by the department.

J. A qualifying
charitable organization shall provide the department with a written
certification that it meets all criteria to be considered a qualifying
charitable organization. The organization shall also notify the
department of any changes that may affect the qualifications under this
section.

K. The charitable
organization's written certification must be signed by an officer of the
organization under penalty of perjury.� The written certification must include
the following:

1. Verification
of the organization's status under section 501(c)(3) of the internal revenue
code or verification that the organization is a designated community action
agency that receives community services block grant program monies pursuant to
42 United States Code section 9901.

2. Financial data
indicating the organization's budget for the organization's prior operating
year and the amount of that budget spent on services to residents of this state
who either:

(a) Receive temporary
assistance for needy families benefits.

(b) Are low-income
residents.

(c) Are individuals who
have a chronic illness or physical disability.

3. A statement that the
organization plans to continue directing or spending at least fifty percent of
its budget on services to residents of this state who receive temporary
assistance for needy families benefits, who are low-income residents or
who are individuals who have a chronic illness or physical disability.

4. A
statement that the organization does not provide, pay for or provide coverage
of abortions and does not financially support any other entity that provides,
pays for or provides coverage of abortions.

L. The department shall
review each written certification and determine whether the organization meets
all the criteria to be considered a qualifying charitable organization and
notify the organization of its determination. The department may
also periodically request recertification from the organization.� The
department shall compile and make available to the public a list of the
qualifying charitable organizations.

M. For the purposes of
this section:

1. "Direct"
means providing monies or financial or in-kind assistance to a charitable
organization that is exempt from federal income taxation under section 501(c)(3)
of the internal revenue code and that directly provides services to residents
of this state who receive temporary assistance for needy families benefits, to
low-income residents of this state and their households or to individuals
who have a chronic illness or physical disability and who are residents of this
state.

2. "Individuals who have a chronic illness or
physical disability" means individuals whose primary diagnosis is a severe
physical condition that may require ongoing medical or surgical intervention.

3. "Low-income
residents" means persons whose household income is less than one hundred
fifty percent of the federal poverty level.

4. "Qualified
individual" means any of the following:

(a) A foster child as
defined in section 8-501.

(b) A person who is
participating in an independent living program as prescribed in section 8-521.

(c) A
person who is participating in a transitional independent living program as
prescribed by section 8-521.01.

(d) A person who is participating in an extended
foster care program as prescribed in section 8-521.02.

(e) A person who is under twenty-seven years
of age and whose reason for leaving foster care is any of the following:

(i) Reaching eighteen years of age.

(ii) Adoption or legal guardianship after reaching
fifteen years of age.

(iii) Reunification after reaching fourteen years of
age.

5. "Qualifying
charitable organization" means a charitable organization that is exempt
from federal income taxation under section 501(c)(3) of the internal revenue
code or is a designated community action agency that receives community
services block grant program monies pursuant to 42 United States Code section
9901. The organization must direct or spend at least fifty percent
of its budget on services to residents of this state who receive temporary
assistance for needy families benefits, to low-income residents of this
state and their households or to individuals who have a chronic illness or
physical disability and who are residents of this state.� Taxpayers choosing to
make donations through an umbrella charitable organization that collects
donations on behalf of member charities shall designate that the donation be
directed to a member charitable organization that would qualify under this
section on a stand-alone basis.
Qualifying
charitable organization does not include any entity that provides, pays for or
provides coverage of abortions or that financially supports any other entity
that provides, pays for or provides coverage of abortions.

6. "Qualifying
foster care charitable organization" means a qualifying charitable
organization that is exempt from federal income taxation under section
501(c)(3) of the internal revenue code or is a designated community action
agency that receives community services block grant program monies pursuant to
42 United States Code section 9901 and that each operating year provides
services to at least two hundred qualified individuals in this state and spends
at least fifty percent of its budget on services to qualified individuals in
this state.

7. "Services"
means:

(a) For a qualifying
charitable organization, cash assistance, medical care, behavioral health
services, child care, food, clothing, shelter, job placement and job training
services, workforce readiness services, workforce development programs or any
other assistance that is reasonably necessary to meet basic needs and that is
provided and used in this state. For the purposes of this
subdivision:

(i) "Behavioral
health services" has the same meaning prescribed in section 36-401.

(ii) "Job
placement and job training" includes work activities as defined in section
46-101 and any other preparation and training used toward obtaining a
high school equivalency diploma.

(iii) "Workforce
development program" means any program recognized by the workforce Arizona
council pursuant to section 41-5401.

(b) For a qualifying foster care charitable
organization, cash assistance, medical care, behavioral health services, child
care, food, including snacks at the qualifying foster care charitable organization's
foster youth events, clothing, shelter, job placement services, job training
services, character education programs, workforce development programs,
secondary education student retention programs, housing or financial literacy
services or any other assistance that is reasonably necessary to meet basic
needs or provide normalcy and that is provided and used in this state.� For the
purposes of this subdivision:

(i) "Behavioral health services" has the
same meaning prescribed in section 36-401.

(ii) "Character education program" means
any program described in section 15-719, subsection B that is offered by
a qualifying foster care charitable organization.

(iii) "Job training services" has the same
meaning as vocational and technical preparation as defined in section 15-781.

(iv) "Normalcy" means the condition of
experiencing a typical childhood by participating in activities that are age or
developmentally-appropriate, as defined in 42 United States Code
section 675.

(v) "Workforce development program" means
any program recognized by the workforce Arizona council pursuant to section 41-5401.

END_STATUTE

Sec. 34. Section 44-132, Arizona Revised
Statutes, is amended to read:

START_STATUTE
44-132.

Capacity of minor to obtain hospital, medical and surgical care;
definition

A. Notwithstanding any other provision of law
except as provided in title 36, chapter 20, article 1,
and
without limiting cases in which consent may otherwise be obtained or is not
required, any emancipated minor, any minor who has contracted a lawful marriage
or any homeless minor may give consent to the furnishing of hospital, medical
and surgical care to such minor, and such consent shall not be subject to
disaffirmance because of minority. The consent of the parent, or
parents, of such a person is not necessary in order to authorize hospital,
medical and surgical care.� For the purposes of this section only, subsequent
judgment of annulment of such marriage or judgment of divorce shall not deprive
such person of his adult status once attained.

B. A health care
provider acting in reliance on the consent of a minor who has authority or
apparent authority pursuant to this section to consent to health care is not
subject to criminal
and
or
civil
liability
and
or
professional
disciplinary action on the ground that he or she failed to obtain consent of
the minor's parent, parents or legal guardian. This subsection does
not affect any other cause of action
permitted
allowed
under title 12, chapter 5.1.

C. For purposes of this section,
a

"
homeless minor
"

is
means
an individual
who
is
under the age of eighteen years
,

living

who lives
apart from
his

the individual's
parents and who lacks a fixed and regular
nighttime residence or whose primary residence is either a supervised shelter
designed to provide temporary accommodations, a halfway house or a place not
designed for or ordinarily used for sleeping by humans.
END_STATUTE

Sec. 35. Section 48-2212, Arizona Revised
Statutes, is amended to read:

START_STATUTE
48-2212.

Construction of facilities; provision of services; methods;
contracting for services

A. The board of directors shall superintend the
construction of medical facilities and the delivery of ambulatory medical
services and ambulance service, if any, as specified in the approved report of
the health services survey.

B. The construction of medical facilities or any
portion thereof may be performed under the direction of the board of directors
in consultation with the department and in any of the following ways, as
ordered by the board of directors:

1. By purchasing the material and performing the
work.

2. By purchasing the material and letting a contract
for performance of the work.

3. By purchasing a portion or none of the material
and letting a contract for furnishing the balance or all of the material and
performance of the work.

C. Services authorized pursuant to subsection A
of this section
may be performed, as ordered by the board, in
any of the following ways, either singly or in combination:

1. By providing the facility and performing the
services.

2. By supplying all, none or a portion of the
facilities and letting a contract for the balance of the facilities, and
providing the services.

3. By supplying the facility and providing all, none
,
or a portion of the services and letting a contract for the
balance of the services.

D. All contracts shall be let to the lowest
responsible bidder submitting a sealed bid in response to a call for bids
published once each week for two consecutive weeks in a newspaper of general
circulation in the county. The call for bids shall include a
detailed description of the services required. If materials to be
purchased without the letting of a contract cost
one thousand
dollars

$1,000
or more, they shall be purchased
from the lowest responsible bidder after publication of a call for bids as provided
by this subsection.

E. All work recommended in the approved report shall
be performed in conformity with the plans and specifications contained in the
report unless the board of directors by a two-thirds vote adopts a resolution
declaring that the interest of the district requires a modification of or
departure from the report
,
and specifying the
modification or departure.

F. Contracts for direct health services provided by
physicians, professional nurses
,
or physician
assistants
who are
licensed or certified pursuant to
title 32
shall be

are
exempt from
the bidding requirements prescribed by subsection D
of this
section
.

G. Among the medical services provided
at such medical clinics, there shall be no drug, surgical procedure or other
service provision administered or prescribed for the purpose of causing,
directly or indirectly, an abortion of an unborn embryo or fetus at any stage
of development. Neither shall such service be contracted to any
other medical or paramedical group to be performed.

END_STATUTE