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SB1235 - 572R - H Ver
House Engrossed
Senate Bill
EMS reciprocity;
compact.
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1235
AN
ACT
amending sections 36-2202, 36-2220
and 36-2245, Arizona Revised Statutes; amending title 36, chapter 21.1,
Arizona Revised Statutes, by adding article 2.1; amending sections 41-619.51,
41-1758 and 41-1758.01, Arizona Revised Statutes; relating to
emergency medical services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section
1.
1. Section
36-2202, Arizona Revised Statutes, is amended to read:
START_STATUTE
36-2202.
Duties of the director; qualifications of medical director
A. The director shall:
1. Appoint a medical director of the emergency
medical services and trauma system.
2. Adopt standards and criteria for the denial or
granting of certification and recertification of emergency medical care
technicians. These standards shall allow the department to certify qualified
emergency medical care technicians who have completed statewide standardized
training required under section 36-2204, paragraph 1 and a standardized
certification test required under section 36-2204, paragraph 2, who hold
valid certification with a national certification organization or who have
completed training and testing by the United States armed forces at a level
comparable to the national standards for emergency medical care
technicians. Before the director may consider approving a statewide
standardized training or a standardized certification test, or both, each of
these must first be recommended by the medical direction commission and the
emergency medical services council to ensure that the standardized training
content is consistent with national education standards and that the
standardized certification test examines comparable material to that examined
in the tests of a national certification organization. �
Beginning
on the effective date of this amendment to this section or on approval from the
federal bureau of investigation, a person applying for initial certification as
an emergency medical care technician pursuant to the emergency medical services
personnel licensure interstate compact and in compliance with the requirements
of section 36-2259 shall possess a valid fingerprint clearance card
pursuant to title 41, chapter 12, article 3.1.
3. Adopt standards and criteria that pertain to the
quality of emergency care pursuant to section 36-2204.
4. Adopt rules necessary to carry out this
chapter. Each rule shall identify all sections and subsections of
this chapter under which the rule was formulated.
5. Adopt reasonable medical equipment, supply,
staffing and safety standards, criteria and procedures to issue a certificate
of registration to operate an ambulance.
6. Maintain a state system for recertifying
emergency medical care technicians, except as otherwise provided by section 36-2202.01,
that is independent from any national certification organization
recertification process. This system shall allow emergency medical
care technicians to choose to be recertified under the state or the national
certification organization recertification system subject to subsection H of
this section.
B. Emergency medical technicians who choose the
state recertification process shall recertify in one of the following ways:
1. Successfully completing an emergency medical
technician refresher course approved by the department.
2. Successfully completing an emergency medical
technician challenge course approved by the department.
3. For emergency medical care technicians who are
currently certified at the emergency medical technician level by the
department, attesting on a form provided by the department that the applicant
holds a valid and current cardiopulmonary resuscitation certification, has and
will maintain documented proof of a minimum of twenty-four hours of
continuing medical education within the last two years consistent with
department rules and has functioned in the capacity of an emergency medical
technician for at least two hundred forty hours during the last two years.
C. After consultation with the emergency medical
services council, the director may authorize pilot programs designed to improve
the safety and efficiency of ambulance inspections for governmental or quasi-governmental
entities that provide emergency medical services in this state.
D. The rules, standards and criteria adopted by the
director pursuant to subsection A, paragraphs 2, 3, 4 and 5 of this section
shall be adopted in accordance with title 41, chapter 6, except that the
director may adopt on an emergency basis pursuant to section 41-1026
rules relating to the regulation of ambulance services in this state necessary
to protect the public peace, health and safety in advance of adopting rules,
standards and criteria as otherwise provided by this subsection.
E. The director may
waive the requirement for compliance with a protocol adopted pursuant to
section 36-2205 if the director determines that the techniques, drug
formularies or training makes the protocol inconsistent with contemporary
medical practices.
F. The director may suspend a protocol adopted
pursuant to section 36-2205 if the director does all of the
following:
1. Determines that the rule is not in the public's
best interest.
2. Initiates procedures pursuant to title 41,
chapter 6 to repeal the rule.
3. Notifies all interested parties in writing of the
director's action and the reasons for that action. Parties
interested in receiving notification shall submit a written request to the
director.
G. To be eligible for appointment as the medical
director of the emergency medical services and trauma system, the person shall
be qualified in emergency medicine and shall be licensed as a physician in one
of the states of the United States.
H. Applicants for certification shall apply to the
director for certification. Emergency medical care technicians shall
apply for recertification to the director every two years. The
director may extend the expiration date of an emergency medical care
technician's certificate for thirty days. The department shall
establish a fee for this extension by rule. Emergency medical care
technicians shall pass an examination administered by the department as a
condition for recertification only if required to do so by the advanced life
support base hospital's medical director or the emergency medical care
technician's medical director.
I. The medical director of the emergency medical
services and trauma system is exempt from title 41, chapter 4, articles 5 and 6
and is entitled to receive compensation pursuant to section 38-611,
subsection A.
J. The standards, criteria and procedures adopted by
the director pursuant to subsection A, paragraph 5 of this section shall
require that ambulance services:
1. Providing interfacility transportation in any
certificate of necessity area of this state have one ambulance attendant as
defined in section 36-2201, paragraph 6, subdivision (a), (c), (d) or (e)
and one ambulance attendant as defined in section 36-2201, paragraph 6,
subdivision (a), (b), (c), (d), or (e) staffing an ambulance while transporting
a patient. If an ambulance attendant as defined in section 36-2201,
paragraph 6, subdivision (b) is staffing the ambulance pursuant to this
paragraph, that ambulance attendant may exclusively drive the ambulance.
2. Serving a rural or wilderness certificate of
necessity area with a population of less than ten thousand persons have at
least one ambulance attendant as defined in section 36-2201, paragraph 6,
subdivision (a), (c), (d) or (e) and one ambulance attendant as defined in
section 36-2201, paragraph 6, subdivision (a) or (b) staffing an
ambulance while transporting a patient.
3. Serving a population of ten thousand persons or
more have at least one ambulance attendant as defined in section 36-2201,
paragraph 6, subdivision (a) and one ambulance attendant as defined in section
36-2201, paragraph 6, subdivision (a), (c), (d) or (e) staffing an
ambulance while transporting a patient.
K. If the department determines there is not a
qualified administrative medical director, the department shall ensure the
provision of administrative medical direction for an emergency medical
technician if the emergency medical technician meets all of the following
criteria:
1. Is employed by a nonprofit or governmental
provider employing less than twelve full-time emergency medical
technicians.
2. Stipulates to the inability to secure a physician
who is willing to provide administrative medical direction.
3. Stipulates that the provider agency does not
provide administrative medical direction for its employees.
END_STATUTE
Sec.
2.
2. Section 36-2220, Arizona Revised Statutes,
is amended to read:
START_STATUTE
36-2220.
Records; confidentiality; definition
A. Information developed, records kept and data
collected by the department or a political subdivision of this state for the
purpose of administering or evaluating the Arizona emergency medical services
system or for the trauma system are available to the public except:
1. Any patient record, including clinical records,
prehospital care records, medical reports, laboratory statements and reports,
any file, film, record or report or oral statement relating to diagnostic
findings, treatment or outcome of patients, whether written or recorded, and
any information from which a patient, the patient's family or the patient's
health care provider or facility might be identified except records, files and
information are available to the patient, the patient's guardian or the patient's
agent.
2. Information obtained and data collected for
purposes of chapter 25 or chapter 4, article 5 of this title.
B. Unless otherwise provided by law, all medical
records developed and kept by a prehospital component of the statewide trauma
system and information contained in these records are confidential and may not
be released to the public without written authorization by the patient, the
patient's guardian or the patient's agent.
C. Notwithstanding subsection B of this section, a
prehospital incident history report completed and kept by a nonhospital
political subdivision of this state is available to the public except for
information in that report that is protected from disclosure by the laws of
this state or federal law, including confidential patient treatment
information.
D. Patient records and medical records covered by
this section may be obtained pursuant to section 12-2294.01.
E. Information,
documents and records received by the department or prepared by the department
in connection with an investigation that is conducted pursuant to this article
and that relates to emergency medical care technicians are confidential and are
not subject to public inspection or civil discovery. The results of
the investigation and the decision of the department are available to the
public after the investigation is completed and the investigation file is
closed. �
This subsection does not prevent the department from
submitting information in compliance with the emergency medical services
personnel licensure interstate compact as required by section 36-2259.
F. For the purposes of this section,
"prehospital incident history report" means a record of the
prehospital response, nature of the incident and transportation of an emergency
medical services patient that is documented on a prehospital incident history
report.
END_STATUTE
Sec.
3.
3. Section
36-2245, Arizona Revised Statutes, is amended to read:
START_STATUTE
36-2245.
Investigations; complaints; informal interviews; hearings;
stipulations; judicial review; civil penalty; confidentiality
A. The department may conduct an investigation into
the operation of ambulances and ambulance services.
B. Proceedings under this section may be initiated
by the department.
C. If the department receives a written and signed
statement of dissatisfaction or dispute of charges or any matter relating to
the regulation of ambulance services, the customer is deemed to have filed an
informal complaint against the ambulance service. Within fifteen days
of receipt of
after receiving
the
complaint, a designated representative of the department shall inform the
ambulance service that an informal complaint has been filed, state the nature
of the allegations made, specify the purported rule violation and identify
specific records relating to the purported rule violation that the ambulance
service shall provide to the department. �The ambulance service shall comply
with the request for records in a timely manner.
D. Within forty-five days
of
receipt of
after receiving
the records, the
department shall determine
if
whether
the
complaint is nonsubstantive or substantive.
E. If the department determines that a complaint
filed pursuant to this section is nonsubstantive,
it
the department
shall render a written decision to all parties
within five days
of
after
that
determination. �The complainant may make a formal complaint to the department
if the complainant disagrees with the department's decision. If the
nonsubstantive complaint involves rates and charges, a designated
representative of the department shall attempt to resolve the dispute by
correspondence or telephone with the ambulance service and the customer.
F. If the department determines that a complaint
filed pursuant to this section is substantive, the complaint becomes a formal
complaint. �The department shall inform the ambulance service that the initial
investigation was substantive in nature and may warrant action pursuant to this
article. �The department shall inform the ambulance service of the specific
rule violation and shall allow the ambulance service thirty days to answer the
complaint in writing.
G. The department may issue a written request for an
informal interview with the ambulance service if the department believes that
the evidence indicates that grounds for action exist. �The request shall state
the reasons for the interview and shall schedule an
informal
interview at least ten days
from
after
the date that the department sends the request for an
interview.
H. If the department determines that evidence
warrants action or if the ambulance service refuses to attend the informal
interview, the director shall institute formal proceedings and hold a hearing
pursuant to title 41, chapter 6, article 10.
I. If the department believes that a lesser
disciplinary action is appropriate, the department may enter into a stipulated
agreement with the ambulance service. This stipulation may include a civil
penalty as provided under subsection J of this section.
J. In addition to other disciplinary action provided
under this section, the director may impose a civil penalty of not more than
three hundred fifty dollars
$350
for each
violation of this chapter that constitutes grounds to suspend or revoke a
certificate of necessity. �This penalty shall not exceed
fifteen
thousand dollars
$15,000
. Each day that
a violation occurs constitutes a separate offense. The director
shall deposit, pursuant to sections 35-146 and 35-147, all monies
collected under this subsection in the emergency medical services operating
fund established
under
by
section 36-2218.
K. The director may suspend a certificate of
necessity without holding a hearing if the director determines that the
certificate holder has failed to pay a civil penalty imposed under this
section. The director shall reinstate the certificate of necessity when the
certificate holder pays the penalty in full.
L. Except as provided in section 41-1092.08,
subsection H, a final decision of the department pursuant to this section is
subject to judicial review pursuant to title 12, chapter 7, article 6.
M. Information, documents and records received by
the department or prepared by the department in connection with an
investigation that is conducted pursuant to this article and that relates to
emergency medical care technicians are confidential and are not subject to
public inspection or civil discovery.� When the investigation has been
completed and the investigation file has been closed, the results of the
investigation and the decision of the department shall be available to the
public. �
This subsection does not prevent the department from
submitting information in compliance with the emergency medical services
personnel licensure interstate compact as required by section 36-2259.
END_STATUTE
Sec.
4.
4. Title
36, chapter 21.1, Arizona Revised Statutes, is amended by adding article 2.1,
to read:
ARTICLE 2.1. EMERGENCY MEDICAL SERVICES PERSONNEL
LICENSURE INTERSTATE COMPACT
START_STATUTE
36-2259.
Emergency medical services licensure interstate compact
SECTION 1. PURPOSE
The purpose of this compact is to protect the
public through verification of competency and to ensure accountability for
patient care-related activities of all states' licensed emergency medical
services (EMS) personnel, such as emergency medical technicians (EMT
s
), advanced emergency medical technicians (AEMTs) and
paramedics. This compact is intended to facilitate the day-to-day
movement of EMS personnel across state boundaries in the performance of their
EMS duties as assigned by an appropriate authority and to authorize state EMS
offices to afford immediate legal recognition to EMS personnel who are licensed
in a member state.� This compact recognizes that states have a vested interest
in protecting the public's health and safety through their licensing and
regulation of EMS personnel and that such state regulation shared among the
member states will best protect the public health and safety. �This compact is
designed to achieve the following purposes and objectives:
1. Increase public access to EMS
personnel.
2. Enhance the states' ability to
protect the public's health and safety, especially patient safety.
3. Encourage the cooperation of
member states in the areas of EMS personnel licensure and regulation.
4. Support the licensing of military
members who are separating from an active duty tour and the spouses of those
military members.
5. Facilitate the exchange of
information between member states regarding EMS personnel licensure, adverse
actions and significant investigatory information.
6. Promote compliance with the laws
governing EMS personnel practice in each member state.
7. Invest all member states with the
authority to hold EMS personnel accountable through the mutual recognition of
member state licenses.
SECTION 2. DEFINITIONS
In this compact, unless the context otherwise
requires:
1. "Advanced emergency medical
technician" or "AEMT" means an individual who is licensed with
cognitive knowledge and a scope of practice that corresponds to that level in
the national EMS education standards and national EMS scope of practice model.
2. "Adverse
action" means:
(
a
) Any administrative, civil, equitable or criminal action
allowed by a state's laws that may be imposed against licensed EMS personnel by
a state EMS authority or state court.
(
b
) Includes
actions against an individual's license such as revocation, suspension,
probation, a consent agreement, monitoring or another limitation or encumbrance
on the individual's practice, a letter of reprimand or admonition, a fine, a
criminal conviction and a state court judgment enforcing adverse actions by the
state EMS authority.
3. "Alternative program"
means a voluntary, nondisciplinary substance abuse recovery program that is
approved by a state EMS authority.
4. "Certification" means
the successful verification of entry-level cognitive and psychomotor competency
using a reliable, validated and legally defensible examination.
5. "Commission" means the
national administrative body of which all states that have enacted this compact
are members.
6. "Emergency medical
technician" or "EMT" means an individual who is licensed with
cognitive knowledge and a scope of practice that corresponds to that level in
the national EMS education standards and national EMS scope of practice model.
7. "Home state" means a
member state where an individual is licensed to practice emergency medical
services.
8. "License" means the
authorization by a state for an individual to practice as an EMT, AEMT or
paramedic or at a level in between EMT and paramedic.
9. "Medical director" means
a physician who is licensed in a member state and who is accountable for the
care delivered by EMS personnel.
10. "Member state" means a
state that has enacted this compact.
11. "Paramedic" means an
individual who is licensed with cognitive knowledge and a scope of practice
that corresponds to that level in the national EMS education standards and
national EMS scope of practice model.
12. "Privilege to practice"
means an individual's authority to deliver emergency medical services in remote
states as authorized under this compact.
13. "Remote State" means a
member state in which an individual is not licensed.
14. "Restricted" means the
outcome of an adverse action that limits a license or the privilege to
practice.
15. "Rule" means a written
statement of the Commission that is promulgated pursuant to Section 12 of this
compact and that:
(
a
) Is of
general applicability.
(
b
) Implements,
interprets or prescribes a policy or provision of this compact.
(
c
) Is an
organizational, procedural or practice requirement of the commission and has
the force and effect of statutory law in a member state.
(
d
) Includes
the amendment, repeal or suspension of an existing rule.
16. "Scope of practice"
means defined parameters of various duties or services that may be provided by
an individual with specific credentials and that, whether regulated by rule,
statute or court decision, tend to represent the limits of services the
individual may perform.
17. "Significant investigatory
information" means either:
(
a
) Investigative
information that a state EMS authority, after a preliminary inquiry that
includes notification and an opportunity to respond if required by state law,
has reason to believe, if proved true, would result in the imposition of an adverse
action on a license or privilege to practice.
(
b
) Investigative
information that indicates that an individual represents an immediate threat to
public health and safety regardless of whether the individual has been notified
and had an opportunity to respond.
18. "State" means any
state, commonwealth, district or territory of the United States.
19. "State EMS authority"
means the board, office or other agency with the legislative mandate to license
EMS personnel.
SECTION 3. HOME STATE LICENSURE
A. Any member state in which an
individual holds a current license is deemed a home state for the purposes of
this compact.
B. Any member state may require an
individual to obtain and retain a license to be authorized to practice in the
member state under circumstances not authorized by the privilege to practice
under the terms of this compact.
C. A home state's issuance of a
license authorizes an individual to practice in a remote state under the
privilege to practice only if the home state meets all of the following:
1. Currently requires the use of the
national registry of emergency medical technicians (NREMT) examination as a
condition of issuing initial licenses at the EMT and paramedic levels.
2. Has a mechanism in place for
receiving and investigating complaints about individuals.
3. Notifies the commission, in
compliance with the terms prescribed in this compact, of any adverse action or
significant investigatory information regarding an individual.
4. Not later than five years after
activation of this compact, requires a criminal background check of all
applicants for initial licensure, including the use of the results of
fingerprint or other biometric data checks compliant with the requirements of
the federal
bureau of investigation, with the exception
of federal employees who have suitability determination in accordance with 5
Code of Federal regulations section 731.202 and who submit documentation of
such as promulgated in the rules of the commission.
5. Complies with the rules of the
commission.
SECTION 4. COMPACT PRIVILEGE TO PRACTICE
A. Member states shall recognize the
privilege to practice of an individual who is licensed in another member state
that is in conformance with section 3 of this compact.
B. To exercise the privilege to
practice under the terms and provisions of this compact, an individual must
meet all of the following:
1. Be at least eighteen years of age.
2. Possess a current unrestricted
license in a member state as an EMT, AEMT, paramedic or state recognized and
licensed level with a scope of practice and authority between EMT and
paramedic.
3. Practice under the supervision of
a medical director.
C. An individual providing patient
care in a remote state under the privilege to practice shall function within
the scope of practice authorized by the home state unless and until modified by
an appropriate authority in the remote state as may be defined in the rules of
the commission.
D. Except as provided in subsection C
of this section, an individual practicing in a remote state is subject to the
remote state's authority and laws. A remote state, in accordance
with due process and that state's laws, may restrict, suspend or revoke an
individual's privilege to practice in the remote state and may take any other
necessary actions to protect the health and safety of its citizens. �If a
remote state takes action, it shall promptly notify the home state and the
commission.
E. If an individual's license in any
home state is restricted or suspended, the individual is not eligible to
practice in a remote state under the privilege to practice until the
individual's home state license is restored.
F. If an individual's privilege to
practice in any remote state is restricted, suspended or revoked, the
individual is not eligible to practice in any remote state until the
individual's privilege to practice is restored.
SECTION 5. CONDITIONS OF PRACTICE IN A REMOTE
STATE
An individual may practice in a remote state
under a privilege to practice only in the performance of the individual's EMS
duties as assigned by an appropriate authority, as defined in the rules of the
commission, and under the following circumstances:
1. The individual originates a
patient transport in a home state and transports the patient to a remote state.
2. The individual originates in the
home state and enters a remote state to pick up a patient and provide care and
transport of the patient to the home state.
3. The individual enters a remote
state to provide patient care or transport, or both, within that remote state.
4. The individual enters a remote
state to pick up a patient and provide care and transport to a third member
state.
5. Other conditions as determined by
rules promulgated by the commission.
SECTION 6. RELATIONSHIP TO
EMERGENCY
MANAGEMENT ASSISTANCE COMPACT
On the declaration by a member state's governor
of a state of emergency or disaster that activates the emergency management
assistance compact (EMAC), all relevant terms and provisions of EMAC apply and,
to the extent any terms or provisions of this Compact conflict with EMAC, the
terms of EMAC shall prevail with respect to any individual practicing in the
remote state in response to the declaration.
SECTION 7. VETERANS AND MILITARY SERVICE MEMBERS
SEPARATING FROM ACTIVE DUTY AND THEIR SPOUSES
A. Member states shall consider a
veteran, active military service member and member of the national guard and
reserves separating from an active duty tour, and the spouse of any of these,
who holds a current valid and unrestricted NREMT certification at or above the
level of the state license being sought as satisfying the minimum training and
examination requirements for such licensure.
B. Member states shall expedite the
processing of licensure applications submitted by veterans, active military
service members and members of the national guard and reserves separating from
an active duty tour, and their spouses.
C. All individuals functioning with a
privilege to practice under this section remain subject to the adverse actions
provisions of section 8 of this compact.
SECTION 8. ADVERSE ACTIONS
A. A home state has exclusive power
to impose adverse action against an individual's license issued by the home
state.
B. If an individual's license in any
home state is restricted or suspended, the individual is not eligible to
practice in a remote state under the privilege to practice until the
individual's home state license is restored, and the following apply:
1. All home state adverse action
orders shall include a statement that the individual's privilege to practice is
inactive. The order may allow the individual to practice in remote states with
prior written authorization from both the home state EMS authority and the
remote state EMS authority.
2. An individual who is currently
subject to adverse action in the home state shall not practice in any remote
state without prior written authorization from both the home state ems
authority and the remote state EMS authority.
C. A member state shall report
adverse actions and any occurrences that the individual's privilege to practice
is restricted, suspended or revoked to the commission in accordance with the
rules of the commission.
D. A remote state may take adverse
action on an individual's privilege to practice within that state.
E. Any member state may take adverse
action against an individual's privilege to practice in that state based on the
factual findings of another member state so long as each state follows its own
procedures for imposing such adverse action.
F. A home state's EMS authority shall
investigate and take appropriate action with respect to reported conduct in a
remote state as it would if such conduct had occurred within the home
state. In such cases, the home state's law shall control in
determining the appropriate adverse action.
G. This compact does not override a
member state's decision that participation in an alternative program may be
used in lieu of adverse action and that such participation shall remain
nonpublic if required by the member state's laws. Member states
shall require individuals who enter any alternative programs to agree not to
practice in any other member state during the term of the alternative program
without prior authorization from the other member state.
SECTION 9. ADDITIONAL POWERS INVESTED IN
A MEMBER STATE'S EMS AUTHORITY
A member state's EMS authority, in addition to
any other powers granted under state law, is authorized under this compact to:
1. Issue subpoenas for both hearings
and investigations that require the attendance and testimony of witnesses and
the production of evidence. Subpoenas issued by a member state's EMS
authority for the attendance and testimony of witnesses or the production of
evidence from another member state, or both, shall be enforced in the remote
state by any court of competent jurisdiction, according to that court's
practice and procedure in considering subpoenas issued in its own proceedings.
The issuing state EMS authority shall pay any witness fees, travel expenses,
mileage and other fees required by the service statutes of the state where the
witnesses or evidence, or both, are located.
2. Issue cease and desist orders to
restrict, suspend or revoke an individual's privilege to practice in the member
state.
SECTION 10. ESTABLISHMENT OF THE INTERSTATE
COMMISSION
FOR EMS PERSONNEL PRACTICE
A. The
compact states hereby create and establish a joint public agency known as the
interstate commission for EMS personnel practice. The following apply:
1. The commission is a body politic
and an instrumentality of the compact states.
2. Venue is proper and judicial
proceedings by or against the Commission shall be brought solely and
exclusively in a court of competent jurisdiction where the principal office of
the commission is located. The commission may waive venue and jurisdictional
defenses to the extent it adopts or consents to participate in alternative
dispute resolution proceedings.
3. This compact is not a waiver of
sovereign immunity.
B. Membership, voting and meetings
are as follows:
1. Each member state shall have and
be limited to one delegate. The responsible official of the state EMS authority
or the state EMS authority's designee shall be the delegate to this compact for
each member state. Any delegate may be removed or suspended from office as
provided by the law of the state from which the delegate is
appointed. Any vacancy occurring in the commission shall be filled
in accordance with the laws of the member state in which the vacancy exists. In
the event that more than one board, office or other agency with the legislative
mandate to license EMS personnel at and above the level of EMT exists, the
governor of that state will determine which entity will be responsible for
assigning the delegate.
2. Each delegate shall be entitled to
one vote with regard to the promulgation of rules and creation of bylaws and
shall otherwise have an opportunity to participate in the business and affairs
of the commission. A delegate shall vote in person or by such other means as
provided in the bylaws. The bylaws may provide for delegates'
participation in meetings by telephone or other means of communication.
3. The commission shall meet at least
once during each calendar year. Additional meetings shall be held as set forth
in the bylaws.
4. All meetings shall be open to the
public, and public notice of meetings shall be given in the same manner as
required under the rulemaking provisions in section 12 of this compact.
5. The commission may convene in a
closed, nonpublic meeting if the commission must discuss any of the following:
(
a
) Noncompliance
of a member state with its obligations under the compact.
(
b
) The
employment, compensation, discipline or other personnel matters, practices or
procedures related to specific employees or other matters related to the
commission's internal personnel practices and procedures.
(
c
) The
current, threatened or reasonably anticipated litigation.
(
d
) The
negotiation of contracts for the purchase or sale of goods, services or real
estate.
(
e
) The
accusation of any person of a crime or the formal censure of any person.
(
f
) The
disclosure of trade secrets or commercial or financial information that is
privileged or confidential.
(
g
) The
disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy.
(
h
) The
disclosure of investigatory records compiled for law enforcement purposes.
(
i
) The
disclosure of information related to any investigatory reports prepared by or
on behalf of or for use of the commission or another committee charged with
responsibility of investigation or determination of compliance issues pursuant
to this compact.
(
j
) Any matter
specifically exempted from disclosure by federal or member state statute.
6. If a meeting, or portion of a
meeting, is closed pursuant to this subsection, the commission's legal counsel
or designee shall certify that the meeting may be closed and shall reference
each relevant exempting provision. The commission shall keep minutes
that fully and clearly describe all matters discussed in the closed meeting and
shall provide a full and accurate summary of actions taken, and the reasons
therefore, including a description of the views expressed. All
documents considered in connection with an action shall be identified in such
minutes. All minutes and documents of a closed meeting shall remain
under seal, subject to release by a majority vote of the commission or an order
of a court of competent jurisdiction.
C. The commission, by a majority vote
of the delegates, shall prescribe bylaws or rules, or both, to govern its
conduct as may be necessary or appropriate to carry out the purposes and
exercise the powers of this compact, including:
1. Establishing the fiscal year of
the commission.
2. Providing reasonable standards and
procedures:
(
a
) For the
establishment and meetings of other committees.
(
b
) Governing
any general or specific delegation of any authority or function of the
commission.
3. Providing reasonable procedures
for calling and conducting meetings of the commission, ensuring reasonable
advance notice of all meetings and providing an opportunity for attendance of
such meetings by interested parties, with enumerated exceptions designed to
protect the public's interest, the privacy of individuals and proprietary
information, including trade secrets. The commission may meet in
closed session only after a majority of the membership votes to close a meeting
in whole or in part.� As soon as practicable, the commission shall make public
a copy of the vote to close the meeting revealing the vote of each member with
no proxy votes allowed.
4. Establishing the titles, duties
and authority and reasonable procedures for electing the officers of the
commission.
5. Providing reasonable standards and
procedures for establishING the personnel policies and programs of the
commission. Notwithstanding any civil service or other similar laws of any
member state, the bylaws shall exclusively govern the personnel policies and
programs of the commission.
6. Promulgating a code of ethics to
address permissible and prohibited activities of commission members and
employees.
7. Providing a mechanism for winding
up the operations of the commission and the equitable disposition of any
surplus monies that may exist after the termination of thIS compact after the
payment or reserving of all of THE COMMISSION'S debts OR obligations, or both.
8. publishING THE COMMISSION'S bylaws
and FILING a copy thereof, and a copy of any amendment thereto, with the
appropriate agency or officer in each member state, if any.
9. maintainING THE COMMISSION'S
financial records in accordance with the bylaws.
10. meetING and takING such actions
as are consistent with the provisions of this compact and the bylaws.
D. The commission shall have the
following powers:
1. to promulgate uniform rules to
facilitate and coordinate implementation and administration of this compact.
The rules shall have the force and effect of law and shall be binding in all
member states.
2. To bring and prosecute legal
proceedings or actions in the name of the commission, provided that the
standing of any state EMS authority or other regulatory body responsible for
EMS personnel licensure to sue or be sued under applicable law shall not be
affected.
3. To purchase and maintain insurance
and bonds.
4. To borrow, accept or contract for
services of personnel, including employees of a member state.
5. To hire employees, elect or
appoint officers, fix compensation, define duties, grant such individuals
appropriate authority to carry out the purposes of THIS compact, and to
establish the Commission's personnel policies and programs relating to
conflicts of interest, qualifications of personnel and other related personnel
matters.
6. To accept any and all appropriate
donations and grants of monies, equipment, supplies, materials and services,
and to receive, use and dispose of the same, provided that at all times the
commission shall strive to avoid any appearance of impropriety and conflict of
interest.
7. To lease, purchase, accept
appropriate gifts or donations of, or otherwise to own, hold, improve or use,
any property, real, personal or mixed, provided that at all times the
Commission shall strive to avoid any appearance of impropriety.
8. To sell, convey, mortgage, pledge,
lease, exchange, abandon or otherwise dispose of any property, real, personal
or mixed.
9. To establish a budget and make
expenditures.
10. To borrow monies.
11. To appoint committees, including
advisory committees composed of members, state regulators, state legislators or
their representatives, and consumer representatives, and such other interested
persons as may be designated in this compact and the bylaws.
12. To provide and receive
information from, and to cooperate with, law enforcement agencies.
13. To adopt and use an official
seal.
14. To perform such other functions
as may be necessary or appropriate to achieve the purposes of this compact
consistent with the state regulation of EMS personnel licensure and practice.
E. Financing of the commission is as
follows:
1. The commission shall pay, or
provide for the payment of, the reasonable expenses of its establishment,
organization and ongoing activities.
2. The commission may accept any and
all appropriate revenue sources, donations and grants of monies, equipment,
supplies, materials and services.
3. The commission may levy on and
collect an annual assessment from each member state or impose fees on other
parties to cover the cost of the operations and activities of the commission
and its staff, which must be in a total amount sufficient to cover its annual
budget as approved each year for which revenue is not provided by other
sources. The aggregate annual assessment amount shall be allocated based on a
formula to be determined by the commission, which shall promulgate a rule
binding on all member states.
4. The commission shall not incur
obligations of any kind before securing the monies adequate to meet the
obligations. The commission shall not pledge the credit of any
member state, except by and with the authority of the member state.
5. The commission shall keep accurate
accounts of all receipts and disbursements. The receipts and
disbursements of the commission ARE subject to the audit and accounting
procedures established under its bylaws. However, all receipts and
disbursements of monies handled by the Commission shall be audited yearly by a
certified or licensed public accountant, and the report of the audit shall be
included in and become part of the annual report of the commission.
F. Qualified immunity, defense and
indemnification are as follows:
1. The members, officers, executive
director, employees and representatives of the commission ARE immune from suit
and liability, either personally or in their official capacity, for any claim
for damage to or loss of property or personal injury or other civil liability
caused by or arising out of any actual or alleged act, error or omission that
occurred, or that the person against whom the claim is made had a
reasonable basis for believing occurred within the scope of commission
employment, duties or responsibilities, provided that this paragraph does not
protect any such person from suit or liability, or both, for any damage, loss,
injury or liability caused by the intentional or wilful or wanton misconduct of
that person.
2. The commission shall defend any
member, officer, executive director, employee or representative of the
commission in any civil action seeking to impose liability arising out of any
actual or alleged act, error or omission that occurred within the scope of
commission employment, duties or responsibilities, or that the person against
whom the claim is made had a reasonable basis for believing occurred within the
scope of commission employment, duties or responsibilities, provided that this
paragraph does not prohibit that person from retaining the person's own
counsel, and provided further that the actual or alleged act, error or omission
did not result from that person's intentional or wilful or wanton misconduct.
3. The commission shall indemnify and
hold harmless any member, officer, executive director, employee or
representative of the commission for the amount of any settlement or judgment
obtained against that person arising out of any actual or alleged act, error or
omission that occurred within the scope of commission employment, duties or
responsibilities, or that such person had a reasonable basis for believing
occurred within the scope of commission employment, duties or responsibilities,
provided that the actual or alleged act, error or omission did not result from
the intentional or wilful or wanton misconduct of that person.
SECTION 11. COORDINATED DATABASE
A. The commission shall provide for
the development and maintenance of a coordinated database and reporting system
containing licensure, adverse action and significant investigatory information
on all licensed individuals in member states.
B. Notwithstanding any other
provision of state law to the contrary, a member state shall submit a uniform
data set to the coordinated database on all individuals to whom this compact
APPLIES as required by the rules of the commission, including:
1. Identifying information.
2. Licensure data.
3. Significant investigatory
information.
4. Adverse actions against a license.
5. An indicator that a privilege to
practice is restricted, suspended or revoked.
6. Nonconfidential information
related to alternative program participation.
7. Any denial of AN application for
licensure and the reason or reasons for such denial.
8. Other information that may
facilitate the administration of this compact, as determined by the rules of
the commission.
C. The coordinated database
administrator shall promptly notify all member states of any adverse action
taken against, or significant investigative information on, any individual in a
member state.
D. a Member state THAT CONTRIBUTES
information to the coordinated database may designate information that may not
be shared with the public without the express permission of THAT MEMBER state.
E. Any information submitted to the
coordinated database that is subsequently required to be expunged by the laws
of the member state contributing the information shall be removed from the
coordinated database.
SECTION 12. RULEMAKING
A. The
commission shall exercise its rulemaking powers pursuant to the criteria set
forth in this section and the rules adopted thereunder. Rules and amendments
become binding as of the date specified in each rule or amendment.
B. If a majority of the legislatures
of the member states rejects a rule by enactING a statute or resolution in the
same manner used to adopt thIS compact, that rule shall have no further force
and effect in any member state.
C. Rules or amendments to the rules
shall be adopted at a regular or special meeting of the commission.
D. bEFORE THE COMMISSION PROMULGATES
AND ADOPTS a final rule or rules, and at least sixty days before the meeting at
which the rule OR RULES will be considered and voted on, the commission shall
file a notice of proposed rulemaking:
1. On the website of the Commission.
2. On the website of each member
state EMS authority or IN the publication in which each state would otherwise
publish proposed rules.
E. The notice of proposed rulemaking
shall include all of the following:
1. The proposed time, date and
location of the meeting in which the rule OR RULES will be considered and voted
on.
2. The text of the proposed rule OR
RULES or amendment and the reason for the proposed rule OR RULES.
3. A request for comments on the
proposed rule OR RULES from any interested person.
4. The manner in which interested
persons may submit notice to the commission of their intention to attend the
public hearing and any written comments.
F. Before ADOPTING a proposed rule,
the commission shall allow persons to submit written data, facts, opinions and
arguments, which shall be made available to the public.
G. The commission shall grant an
opportunity for a public hearing before it adopts a rule or amendment if a
hearing is requested by any of the following:
1. At least twenty-five persons.
2. A governmental subdivision or
agency.
3. An association having at least
twenty-five members.
H. If a hearing is held on the
proposed rule or amendment, the commission shall publish the place, time and
date of the scheduled public hearing, and the following apply:
1. All persons wishing to be heard at
the hearing shall notify the executive director of the commission or other
designated member in writing at least five business days before the scheduled
date of the hearing of their desire to appear and testify at the hearing.
2. Hearings shall be conducted in a
manner providing each person who wishes to comment a fair and reasonable
opportunity to comment orally or in writing.
3. A transcript of the hearing is not
required unless a written request for a transcript is made, in which case the
person requesting the transcript shall bear the cost of producing the
transcript. �A recording may be made in lieu of a transcript under the same
terms and conditions as a transcript. This paragraph does not
preclude the commission from making a transcript or recording of the hearing if
it so chooses.
4. This section does not require a
separate hearing on each rule. Rules may be grouped for the convenience of the
commission at hearings required by this section.
I. Following the scheduled hearing
date, or by the close of business on the scheduled hearing date if the hearing
was not held, the commission shall consider all written and oral comments
received.
J. The commission, by majority vote
of all members, shall take final action on the proposed rule and shall
determine the effective date of the rule, if any, based on the rulemaking
record and the full text of the rule.
K. If no written notice of intent to
attend the public hearing by interested parties is received, the commission may
proceed with promulgatING the proposed rule without a public hearing.
L. On A determination that an
emergency exists, the commission may consider and adopt an emergency rule
without prior notice, opportunity for comment or hearing, provided that the
usual rulemaking procedures provided in thIS compact and in this section ARE
retroactively applied to the rule as soon as reasonably possible, in no event
later than ninety days after the effective date of the rule. For the purposes
of this SUBSECTION, an emergency rule is one that must be adopted immediately
in order to do any of the following:
1. Meet an imminent threat to public
health, safety or welfare.
2. Prevent a loss of commission or
member state monies.
3. Meet a deadline for the
promulgation of an administrative rule that is established by federal law or
rule.
4. Protect THE public health and
safety.
M. The commission or an authorized
committee of the commission may direct revisions to a previously adopted rule
or amendment for purposes of correcting typographical errors, errors in format,
errors in consistency or grammatical errors. �Public notice of any revisions
shall be posted on the website of the commission. �The revision shall be
subject to challenge by any person for a period of thirty days after posting.
The revision may be challenged only on grounds that the revision results in a
material change to a rule. A challenge shall be made in writing and delivered
to the EXECUTIVE DIRECTOR of the commission BEFORE the end of the notice
period. If no challenge is made, the revision will take effect without further
action. �If the revision is challenged, the revision may not take effect
without the approval of the commission.
SECTION 13. OVERSIGHT, DISPUTE RESOLUTION AND
ENFORCEMENT
A. Oversight OF THE COMMISSION is as
follows:
1. The executive, legislative and
judicial branches of state government in each member state shall enforce this
compact and take all actions necessary and appropriate to effectuate thIS
compact's purposes and intent. This compact and the rules
promulgated hereunder shall have standing as statutory law.
2. All courts shall take judicial
notice of thIS compact and the rules in any judicial or administrative
proceeding in a member state pertaining to the subject matter of this compact,
which may affect the powers, responsibilities or actions of the commission.
3. The commission IS entitled to
receive service of process in any such proceeding and shall have standing to
intervene in such a proceeding for all purposes. Failure to provide service of
process to the commission renderS a judgment or order void as to the
commission, this compact or promulgated rules.
B. Default, technical assistance and
termination are as follows:
1. If the commission determines that
a member state has defaulted in the performance of its obligations or
responsibilities under this compact or the promulgated rules, the commission
shall:
(
a
) Provide
written notice to the defaulting state and other member states of the nature of
the default, the proposed means of curing the default and any other action to
be taken by the Commission.
(
b
) Provide
remedial training and specific technical assistance regarding the default.
2. If a state in default fails to
cure the default, the defaulting state may be terminated from thIS compact on
an affirmative vote of a majority of the member states, and all rights,
privileges and benefits conferred by this compact may be terminated on the
effective date of termination. A cure of the default does not relieve the
offending state of obligations or liabilities incurred during the period of
default.
3. Termination of membership in thIS
compact shall be imposed only after all other means of securing compliance have
been exhausted. Notice of intent to suspend or terminate shall be given by the
commission to the governor, the majority and minority leaders of the defaulting
state's legislature and each member state.
4. A state that has been terminated
is responsible for all assessments, obligations and liabilities incurred
through the effective date of termination, including obligations that extend
beyond the effective date of termination.
5. The commission shall not bear any
costs related to a state that is found to be in default or that has been
terminated from thIS compact, unless agreed on in writing between the
commission and the defaulting state.
6. The defaulting state may appeal
the action of the commission by petitioning the United States district court
for the District of Columbia or the federal district where the commission has
its principal offices. The prevailing member STATE shall be awarded all costs
of such litigation, including reasonable attorney fees.
C. Dispute Resolution is as follows:
1. On request by a member state, the
commission shall attempt to resolve disputes related to thIS compact that arise
among member states and between member and nonmember states.
2. The commission shall promulgate a
rule providing for both mediation and binding dispute resolution for disputes
as appropriate.
D. Enforcement is as follows:
1. The commission, in the reasonable
exercise of its discretion, shall enforce the provisions and rules of this
compact.
2. By majority vote, the commission
may initiate legal action in the United States district court for the District
of Columbia or the federal district where the commission has its principal
offices against a member state in default to enforce compliance with the
provisions of the compact and its promulgated rules and bylaws. The
relief sought may include both injunctive relief and damages. If
judicial enforcement is necessary, the prevailing member STATE shall be awarded
all costs of such litigation, including reasonable attorney fees.
3. The remedies prescribed in this
compact shall not be the exclusive remedies of the commission. The commission
may pursue any other remedies available under federal or state law.
SECTION 14. DATE OF IMPLEMENTATION OF THE
INTERSTATE
COMMISSION FOR EMS PERSONNEL PRACTICE AND ASSOCIATED
RULES, WITHDRAWAL AND AMENDMENT
A. ThIS compact IS EFFECTIVE on the
date on which the compact statute is enacted into law in the tenth member
state. The provisions, which become effective at that time, shall be limited to
the powers granted to the commission relating to assembly and the promulgation
of rules. Thereafter, the commission shall meet and exercise
rulemaking powers necessary to implement and administer this compact.
B. Any state that joins thIS compact
AFTER the commission's initial adoption of the rules IS subject to the rules as
they exist on the date on which thIS compact becomes law in that state. Any
rule that has been previously adopted by the commission HAS the full force and
effect of law on the day thIS compact becomes law in that state.
C. Any member state may withdraw from
this compact by enacting a statute repealing the same, and the following apply:
1. A member state's withdrawal DOES
not take effect until six months after enactment of the repealing statute.
2. Withdrawal DOES not affect the
continuing requirement of the withdrawing state's EMS authority to comply with
the investigative and adverse action reporting requirements of this act before
the effective date of withdrawal.
D. This compact does not invalidate
or prevent any EMS personnel licensure agreement or other cooperative
arrangement between a member state and a nonmember state that does not conflict
with the provisions of this compact.
E. This compact may be amended by the
member states. aN amendment to this compact DOES NOT become effective and
binding on any member state until it is enacted into the laws of all member
states.
SECTION 15. CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as
to effectuate the purposes of this compact. If this compact IS held
contrary to the constitution of any state member thereto, thIS compact remainS
in full force and effect as to the remaining member states. This
compact does not supersede state law or rules related to licensure of EMS
agencies.
END_STATUTE
Sec.
5.
5. Section
41-619.51, Arizona Revised Statutes, is amended to read:
START_STATUTE
41-619.51.
Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the
department of economic security, the department of child safety, the department
of education, the department of health services, the department of juvenile
corrections, the department of emergency and military affairs, the department
of public safety, the department of transportation, the state real estate
department, the department of insurance and financial institutions, the Arizona
game and fish department, the Arizona department of agriculture, the board of
examiners of nursing care institution administrators and assisted living
facility managers, the state board of dental examiners, the Arizona state board
of pharmacy, the board of physical therapy, the state board of psychologist
examiners, the board of athletic training, the board of occupational therapy
examiners, the state board of podiatry examiners, the acupuncture board of
examiners, the state board of technical registration, the board of massage
therapy, the board of behavioral health examiners or the Arizona department of
housing.
2. "Board" means the board of
fingerprinting.
3. "Central registry exception" means
notification to the department of economic security, the department of child
safety or the department of health services, as appropriate, pursuant to
section 41-619.57 that the person is not disqualified because of a
central registry check conducted pursuant to section 8-804.
4. "Expedited review" means an
examination, in accordance with board rule, of the documents an applicant
submits by the board or its hearing officer without the applicant being
present.
5. "Good cause exception" means the
issuance of a fingerprint clearance card to an employee pursuant to section 41-619.55.
6. "Person" means a person who is required
to be fingerprinted pursuant to this article or who is subject to a central
registry check and any of the following:
(a) Section 3-314.
(b) Section 8-105.
(c) Section 8-322.
(d) Section 8-463.
(e) Section 8-509.
(f) Section 8-802.
(g) Section 8-804.
(h) Section 15-183.
(i) Section 15-503.
(j) Section 15-512.
(k) Section 15-534.
(l) Section 15-763.01.
(m) Section 15-782.02.
(n) Section 15-1330.
(o) Section 15-1881.
(p) Section 17-215.
(q) Section 28-3228.
(r) Section 28-3413.
(s) Section 32-122.02.
(t) Section 32-122.05.
(u) Section 32-122.06.
(v) Section 32-823.
(w) Section 32-1232.
(x) Section 32-1276.01.
(y) Section 32-1284.
(z) Section 32-1297.01.
(aa) Section 32-1904.
(bb) Section 32-1941.
(cc) Section 32-1982.
(dd) Section 32-2022.
(ee) Section 32-2063.
(ff) Section 32-2108.01.
(gg) Section 32-2123.
(hh) Section 32-2371.
(ii) Section 32-3271.
(jj) Section 32-3430.
(kk) Section 32-3620.
(ll) Section 32-3668.
(mm) Section 32-3669.
(nn) Section 32-3922.
(oo) Section 32-3924.
(pp) Section 32-4128.
(qq) Section 32-4222.
(rr) Section 36-113.
(ss) Section 36-207.
(tt) Section 36-411.
(uu) Section 36-425.03.
(vv) Section 36-446.04.
(ww) Section 36-594.01.
(xx) Section 36-594.02.
(yy) Section 36-766.01.
(zz) Section 36-882.
(aaa) Section 36-883.02.
(bbb) Section 36-897.01.
(ccc) Section 36-897.03.
(ddd) Section 36-1940.
(eee) Section 36-1940.01.
(fff) Section 36-2069.
(
ggg
) Section
36-2202.
(ggg)
(
hhh
)
Section 36-3008.
(hhh)
(
iii
)
Section 41-619.53.
(iii)
(
jjj
)
Section 41-1964.
(jjj)
(
kkk
)
Section 41-1967.01.
(kkk)
(
lll
)
Section 41-1968.
(lll)
(
mmm
)
Section 41-1969.
(mmm)
(
nnn
)
Section 41-2814.
(nnn)
(
ooo
)
Section 41-4025.
(ooo)
(
ppp
)
Section 46-141,
subsection A or B.
(ppp)
(
qqq
)
Section 46-321.
END_STATUTE
Sec.
6.
6. Section
41-1758, Arizona Revised Statutes, is amended to read:
START_STATUTE
41-1758.
Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the
department of economic security, the department of child safety, the department
of education, the department of health services, the department of juvenile
corrections, the department of emergency and military affairs, the department
of public safety, the department of transportation, the state real estate
department, the department of insurance and financial institutions, the board
of fingerprinting, the Arizona game and fish department, the Arizona department
of agriculture, the board of examiners of nursing care institution
administrators and assisted living facility managers, the state board of dental
examiners, the Arizona state board of pharmacy, the board of physical therapy,
the state board of psychologist examiners, the board of athletic training, the
board of occupational therapy examiners, the state board of podiatry examiners,
the acupuncture board of examiners, the state board of technical registration,
the board of massage therapy, the board of behavioral health examiners or the
Arizona department of housing.
2. "Division" means the fingerprinting
division in the department of public safety.
3. "Electronic or internet-based fingerprinting
services" means a secure system for digitizing applicant fingerprints and
transmitting the applicant data and fingerprints of a person or entity
submitting fingerprints to the department of public safety for any authorized
purpose under this title. For the purposes of this paragraph,
"secure system" means a system that complies with the information
technology security policy approved by the department of public safety.
4. "Good cause exception" means the
issuance of a fingerprint clearance card to an applicant pursuant to section 41-619.55.
5. "Person" means a person who is required
to be fingerprinted pursuant to any of the following:
(a) Section 3-314.
(b) Section 8-105.
(c) Section 8-322.
(d) Section 8-463.
(e) Section 8-509.
(f) Section 8-802.
(g) Section 15-183.
(h) Section 15-503.
(i) Section 15-512.
(j) Section 15-534.
(k) Section 15-763.01.
(l) Section 15-782.02.
(m) Section 15-1330.
(n) Section 15-1881.
(o) Section 17-215.
(p) Section 28-3228.
(q) Section 28-3413.
(r) Section 32-122.02.
(s) Section 32-122.05.
(t) Section 32-122.06.
(u) Section 32-823.
(v) Section 32-1232.
(w) Section 32-1276.01.
(x) Section 32-1284.
(y) Section 32-1297.01.
(z) Section 32-1904.
(aa) Section 32-1941.
(bb) Section 32-1982.
(cc) Section 32-2022.
(dd) Section 32-2063.
(ee) Section 32-2108.01.
(ff) Section 32-2123.
(gg) Section 32-2371.
(hh) Section 32-3271.
(ii) Section 32-3430.
(jj) Section 32-3620.
(kk) Section 32-3668.
(ll) Section 32-3669.
(mm) Section 32-3922.
(nn) Section 32-3924.
(oo) Section 32-4128.
(pp) Section 32-4222.
(qq) Section 36-113.
(rr) Section 36-207.
(ss) Section 36-411.
(tt) Section 36-425.03.
(uu) Section 36-446.04.
(vv) Section 36-594.01.
(ww) Section 36-594.02.
(xx) Section 36-766.01.
(yy) Section 36-882.
(zz) Section 36-883.02.
(aaa) Section 36-897.01.
(bbb) Section 36-897.03.
(ccc) Section 36-1940.
(ddd) Section 36-1940.01.
(eee) Section 36-2069.
(
fff
) Section
36-2202.
(fff)
(
ggg
)
Section 36-3008.
(ggg)
(
hhh
)
Section 41-619.52.
(hhh)
(
iii
)
Section 41-619.53.
(iii)
(
jjj
)
Section 41-1964.
(jjj)
(
kkk
)
Section 41-1967.01.
(kkk)
(
lll
)
Section 41-1968.
(lll)
(
mmm
)
Section 41-1969.
(mmm)
(
nnn
)
Section 41-2814.
(nnn)
(
ooo
)
Section 41-4025.
(ooo)
(
ppp
)
Section 46-141, subsection A or B.
(ppp)
(
qqq
)
Section 46-321.
6. "Rap back
services" has the same meaning prescribed in section 41-1750.
7. "Vulnerable adult" has the same meaning
prescribed in section 13-3623.
END_STATUTE
Sec.
7.
7. Section
41-1758.01, Arizona Revised Statutes, is amended to read:
START_STATUTE
41-1758.01.
Fingerprinting
division; powers and duties
A. The fingerprinting division is established in the
department of public safety and shall:
1. Conduct fingerprint background checks for persons
and applicants who are seeking licenses from state agencies, employment with
licensees, contract providers and state agencies or employment or educational
opportunities with agencies that require fingerprint background checks pursuant
to sections 3-314, 8-105, 8-322, 8-463, 8-509, 8-802,
15-183, 15-503, 15-512, 15-534, 15-763.01, 15-782.02,
15-1330, 15-1881, 17-215, 28-3228, 28-3413, 32-122.02,
32-122.05, 32-122.06, 32-823, 32-1232, 32-1276.01,
32-1284, 32-1297.01, 32-1904, 32-1941, 32-1982,
32-2022, 32-2063, 32-2108.01, 32-2123, 32-2371,
32-3271, 32-3430, 32-3620, 32-3668, 32-3669, 32-3922,
32-3924, 32-4128, 32-4222, 36-113, 36-207, 36-411,
36-425.03, 36-446.04, 36-594.01, 36-594.02, 36-766.01,
36-882, 36-883.02, 36-897.01, 36-897.03, 36-1940,
36-1940.01, 36-2069,
36-2202,
36-3008,
41-619.52, 41-619.53, 41-1964, 41-1967.01, 41-1968,
41-1969, 41-2814 and
41-4025,
section 46-141, subsection A or B and section 46-321.
2. Issue fingerprint clearance cards. On
issuance, a fingerprint clearance card becomes the personal property of the
cardholder and the cardholder shall retain possession of the fingerprint
clearance card.
3. On submission of an application for a fingerprint
clearance card, collect the fees established by the board of fingerprinting
pursuant to section 41-619.53 and deposit, pursuant to sections 35-146
and 35-147, the monies collected in the board of fingerprinting fund.
4. Inform in writing each person who submits
fingerprints for a fingerprint background check of the right to petition the
board of fingerprinting for a good cause exception pursuant to section 41-1758.03,
41-1758.04 or 41-1758.07.
5. If after conducting a state and federal criminal
history records check the division determines that it is not authorized to
issue a fingerprint clearance card to a person, inform the person in writing
that the division is not authorized to issue a fingerprint clearance
card. The notice shall include the criminal history information on
which the denial was based. This criminal history information is
subject to dissemination restrictions pursuant to section 41-1750 and
Public Law 92-544.
6. Notify the person in writing if the division
suspends, revokes or places a driving restriction notation on a fingerprint
clearance card pursuant to section 41-1758.04. The notice
shall include the criminal history information on which the suspension,
revocation or placement of the driving restriction notation was
based. This criminal history information is subject to dissemination
restrictions pursuant to section 41-1750 and Public Law 92-544.
7. Administer and enforce this article.
B. The fingerprinting division may contract for
electronic or internet-based fingerprinting services through an entity or
entities for the acquisition and transmission of applicant fingerprint and data
submissions to the department, including identity verified fingerprints
pursuant to section 15-106. The entity or entities contracted
by the department of public safety may charge the applicant a fee for services
provided pursuant to this article. The entity or entities contracted
by the department of public safety shall comply with:
1. All information privacy and security measures and
submission standards established by the department of public safety.
2. The information technology security policy
approved by the department of public safety.
END_STATUTE