Bill Text: AZ HB2136 | 2017 | Fifty-third Legislature 1st Regular | Introduced
Bill Title: Applications for regulation; information; process
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-09 - House GOV Committee action: do pass amended/strike-everything, voting: (5-3-0-0-0-0) [HB2136 Detail]
Download: Arizona-2017-HB2136-Introduced.html
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REFERENCE TITLE: applications for regulation; information; process |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HB 2136 |
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Introduced by Representative Carter
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AN ACT
Amending sections 32‑3104, 32‑3105, 32‑3106, 32‑4402 and 32‑4403, Arizona Revised Statutes; relating to the regulation of professions and occupations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-3104, Arizona Revised Statutes, is amended to read:
32-3104. Applicant groups; application; hearing; legislative recommendations
A. Applicant groups shall submit a written report an application explaining the factors prescribed in section 32‑3105 or 32‑3106 to the president of the senate and the speaker of the house of representatives. the application shall include suggested language for proposed legislation and a statement of support that has been signed by at least ten members of the professional or occupational group for which regulation is being sought or at least ten individuals who are not members of the professional or occupational group. The report application shall be submitted on or before September 1 before the start of the legislative session for which the legislation is may be proposed. The president of the senate or the speaker of the house of representatives shall assign the written report application to the appropriate legislative committee of reference. The applicant group shall have two years in which to work on the application with the legislative committee of reference.
B. The legislative committee of reference shall study the written report and deliver the report of its recommendations to the speaker of the house of representatives, the president of the senate, the governor and, if appropriate, the regulatory board of the health profession on or before December 1 of the year in which the report is submitted application and determine whether it includes the required components, as applicable, pursuant to sections 32‑3105 and 32‑3106. If the application does not adequately address the requirements of sections 32‑3105 and 32‑3106, as applicable, the legislative committee of reference shall return the application to the applicant stating the missing requirements, suggesting corrections and setting a subsequent deadline for the amended application. The legislative committees committee of reference may shall hold hearings as they deem necessary a hearing on applications that include the required components, as applicable, pursuant to sections 32‑3105 and 32‑3106. The legislative committee of reference shall deliver a report of its recommendations to the speaker of the house of representatives, the president of the senate, the governor and, if appropriate, the regulatory board of the health profession within one month after the committee holds the hearing on the application. The chairperson of the legislative committee of reference may decline to schedule a hearing on the application if, within two years after the date of application, the applicant group has not made substantial changes to the application, as requested, and has not included the information required by sections 32‑3105 and 32‑3106, as applicable. If a health professional group proposes to increase the scope of practice of its profession, copies of the written report application shall be sent to the regulatory board of the health profession for review and comment. If applicable, the regulatory board of the health profession shall make recommendations based on the report application submitted by applicant groups to the extent requested by the legislative committees of reference.
Sec. 2. Section 32-3105, Arizona Revised Statutes, is amended to read:
32-3105. Applicants for regulation; required factors and information
A. Applicant groups for regulation shall explain each of the following factors in the application to the extent requested by the legislative committees of reference:
1. A definition of the problem and why regulation is necessary, including:
(a) The nature of the potential harm to the public if the health profession is not regulated and the extent to which there is a threat to public health and safety.
(b) The extent to which consumers need and will benefit from a method of regulation identifying competent practitioners and indicating typical employers, if any, of practitioners in the health profession.
(c) The extent of autonomy a practitioner has, as indicated by the following:
(i) The extent to which the health profession calls for independent judgment and the extent of skill or experience required in making the independent judgment.
(ii) The extent to which practitioners are supervised.
2. The efforts made to address the problem, including:
(a) Voluntary efforts, if any, by members of the health profession to either:
(i) Establish a code of ethics.
(ii) Help resolve disputes between health practitioners and consumers.
(b) Recourse to and the extent of use of applicable law and whether it could be amended to control the problem.
3. The alternatives considered, including:
(a) Regulation of business employers or practitioners rather than employee practitioners.
(b) Regulation of the program or service rather than the individual practitioners.
(c) Registration of all practitioners.
(d) Certification of all practitioners.
(e) Other alternatives.
(f) Why the use of the alternatives specified in this paragraph would not be adequate to protect the public interest.
(g) Why licensing would serve to protect the public interest.
4. The benefit to the public if regulation is granted, including:
(a) The extent to which the incidence of specific problems present in the unregulated health profession can reasonably be expected to be reduced by regulation.
(b) Whether the public can identify qualified practitioners.
(c) The extent to which the public can be confident that qualified practitioners are competent, including:
(i) Whether the proposed regulatory entity would be a board composed of members of the profession and public members or a state agency, or both, and, if appropriate, their respective responsibilities in administering the system of registration, certification or licensure, including the composition of the board and the number of public members, if any, the powers and duties of the board or state agency regarding examinations and for cause revocation, suspension and nonrenewal of registrations, certificates or licenses, the adoption of rules and canons of ethics, the conduct of inspections, the receipt of complaints and disciplinary action taken against practitioners and how fees would be levied and collected to pay for the expenses of administering and operating the regulatory system.
(ii) If there is a grandfather clause, whether grandfathered practitioners will be required to meet the prerequisite qualifications established by the regulatory entity at a later date.
(iii) The nature of the standards proposed for registration, certification or licensure as compared with the standards of other jurisdictions.
(iv) Whether the regulatory entity would be authorized to enter into reciprocity agreements with other jurisdictions.
(v) The nature and duration of any training, including whether the training includes a substantial amount of supervised field experience, whether training programs exist in this state, if there will be an experience requirement, whether the experience must be acquired under a registered, certified or licensed practitioner, whether there are alternative routes of entry or methods of meeting the prerequisite qualifications, whether all applicants will be required to pass an examination, and if an examination is required, by whom it will be developed and how the costs of development will be met.
(d) Assurance of the public that practitioners have maintained their competence, including:
(i) Whether the registration, certification or licensure will carry an expiration date.
(ii) Whether renewal will be based only on payment of a fee or whether renewal will involve reexamination, peer review or other enforcement.
5. The extent to which regulation might harm the public, including:
(a) The extent to which regulation will restrict entry into the health profession, including:
(i) Whether the proposed standards are more restrictive than necessary to ensure safe and effective performance.
(ii) Whether the proposed legislation requires registered, certified or licensed practitioners in other jurisdictions who migrate to this state to qualify in the same manner as state applicants for registration, certification and licensure if the other jurisdiction has substantially equivalent requirements for registration, certification or licensure as those in this state.
(b) Whether there are professions similar to that of the applicant group which that should be included in, or portions of the applicant group which that should be excluded from, the proposed legislation.
6. The maintenance of standards, including:
(a) Whether effective quality assurance standards exist in the health profession, such as legal requirements associated with specific programs that define or enforce standards or a code of ethics.
(b) How the proposed legislation will assure ensure quality, including:
(i) The extent to which a code of ethics, if any, will be adopted.
(ii) The grounds for suspension or revocation of registration, certification or licensure.
7. A description of the group proposed for regulation, including a list of associations, organizations and other groups representing the practitioners in this state, an estimate of the number of practitioners in each group and whether the groups represent different levels of practice.
8. The expected costs of regulation, including:
(a) The impact that registration, certification or licensure will have on the costs of the services to the public.
(b) The cost to this state and to the general public of implementing the proposed legislation.
B. In addition to the information provided by the applicant under subsection A of this section, the application shall include the following information:
1. The names of community members who support and who oppose the proposed application.
2. the names of community groups, associations and professional organizations that assisted in the formulation of the proposed application.
3. The names of Any additional individuals, groups, associations or organizations with whom the proposed application was shared.
4. Any additional education or training that is being requested by the applicants for regulation or increase in scope of practice.
Sec. 3. Section 32-3106, Arizona Revised Statutes, is amended to read:
32-3106. Applicants for increase in scope of practice; required factors and information
A. Applicant groups for increased scope of practice shall explain each of the following factors in the application to the extent requested by the legislative committee of reference:
1. A definition of the problem and why a change in scope of practice is necessary, including the extent to which consumers need and will benefit from practitioners with this scope of practice.
2. The extent to which the public can be confident that qualified practitioners are competent, including:
(a) Evidence that the profession's regulatory board entity has functioned adequately in protecting the public.
(b) Whether effective quality assurance standards exist in the health profession, such as legal requirements associated with specific programs that define or endorse standards or a code of ethics.
(c) Evidence that state approved state‑approved educational programs provide or are willing to provide core curriculum adequate to prepare practitioners at the proposed level.
3. The extent to which an increase in the scope of practice may harm the public, including the extent to which an increased scope of practice will restrict entry into practice and whether the proposed legislation requires registered, certified or licensed practitioners in other jurisdictions who migrate to this state to qualify in the same manner as state applicants for registration, certification and licensure if the other jurisdiction has substantially equivalent requirements for registration, certification or licensure as those in this state.
4. The cost to this state and to the general public of implementing the proposed increase in scope of practice.
B. In addition to the information provided under subsection A of this section, an applicant for an increase in scope of practice shall include the information required by section 32‑3105, subsection B.
Sec. 4. Section 32-4402, Arizona Revised Statutes, is amended to read:
32-4402. Applicant groups; nonhealth professions and occupations; application; hearing; legislative recommendations
A. Applicant groups shall submit a written report an application explaining the factors prescribed in section 32‑4403 to the president of the senate and the speaker of the house of representatives. the application shall include suggested language for proposed legislation and a statement of support that has been signed by at least ten members of the professional or occupational group for which regulation is being sought or at least ten individuals who are not members of the professional or occupational group. The report application shall be submitted on or before September 1 before the start of the legislative session for which the legislation is may be proposed. The president of the senate or the speaker of the house of representatives shall assign the written report application to the appropriate legislative committee of reference. The applicant group shall have two years in which to work on the application with the legislative committee of reference.
B. The legislative committee of reference shall study the written report and deliver the report of its recommendations to the speaker of the house of representatives, the president of the senate, the governor and, if appropriate, the regulatory entity on or before December 1 of the year in which the report is submitted application and determine whether it includes the required components pursuant to section 32‑4403. If the application does not adequately address the requirements of section 32‑4403, the legislative committee of reference shall return the application to the applicant stating the missing requirements, suggesting corrections and setting a subsequent deadline for the amended application. The legislative committees committee of reference may shall hold hearings as they deem necessary a hearing on applications that include the required components pursuant to section 32‑4403. The legislative committee of reference shall deliver a report of its recommendations to the speaker of the house of representatives, the president of the senate, the governor and, if appropriate, the regulatory entity within one month after the committee holds the hearing on the application. The chairperson of the legislative committee of reference may decline to schedule a hearing on the application if, within two years after the date of application, the applicant group has not made substantial changes to the application, as requested, and has not included the information required by section 32‑4403.
Sec. 5. Section 32-4403, Arizona Revised Statutes, is amended to read:
32-4403. Applicants for regulation; required factors and information
A. Applicant groups for regulation shall explain each of the following factors in the application to the extent requested by the legislative committees of reference:
1. A definition of the problem and why regulation is necessary.
2. The efforts made to address the problem.
3. The alternatives considered.
4. The benefit to the public if regulation is granted.
5. The extent to which regulation might harm the public.
6. The maintenance of standards, including:
(a) Whether effective quality assurance standards exist in the profession, such as legal requirements associated with specific programs that define or enforce standards or a code of ethics.
(b) How the proposed legislation will assure ensure quality, including:
(i) The extent to which a code of ethics, if any, will be adopted.
(ii) The grounds for suspension or revocation of registration, certification or licensure.
7. A description of the group proposed for regulation, including a list of associations, organizations and other groups representing the practitioners in this state, an estimate of the number of practitioners in each group and whether the groups represent different levels of practice.
8. The expected costs of regulation.
B. In addition to the information provided by the applicant under subsection A of this section, the application shall include the following information:
1. the names of community members who support and who oppose the proposed application.
2. the names of community groups, associations and professional organizations that assisted in the formulation of the proposed application.
3. the names of Any additional individuals, groups, associations or organizations with whom the proposed application was shared.
4. Any additional education or training that is being requested by the applicants for regulation.
Sec. 6. Effective date
This act is effective from and after December 31, 2017.
