Bill Text: AZ HB2314 | 2020 | Fifty-fourth Legislature 2nd Regular | Engrossed


Bill Title: Naturopathic physicians; services

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2020-02-25 - Senate read second time [HB2314 Detail]

Download: Arizona-2020-HB2314-Engrossed.html

 

 

 

House Engrossed

 

 

 

 

State of Arizona

House of Representatives

Fifty-fourth Legislature

Second Regular Session

2020

 

 

HOUSE BILL 2314

 

 

 

AN ACT

 

amending sections 12-2801, 13-1415, 15-157, 15-203, 15-843, 28-3167, 28‑3315, 36-663, 36-664, 36-1673 and 36-2351, Arizona Revised Statutes; relating to naturopathic physicians.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section. 1.  Section 12-2801, Arizona Revised Statutes, is amended to read:

START_STATUTE12-2801.  Definitions

In this chapter, unless the context otherwise requires:

1.  "Genetic test" or "genetic testing":

(a)  Means a test of a person's genes, genetic sequence, gene products or chromosomes for abnormalities or deficiencies, including carrier status, that:

(i)  Are linked to physical or mental disorders or impairments.

(ii)  Indicate a susceptibility to any illness, disease, impairment or other disorder, whether physical or mental.

(iii)  Demonstrate genetic or chromosomal damage due to any environmental factor.

(b)  Does not include:

(i)  Chemical, blood and urine analyses that are widely accepted and used in clinical practice and that are not used to determine genetic traits.

(ii)  Tests used in a criminal investigation or prosecution or as a result of a criminal conviction.

(iii)  Tests for the presence of the human immunodeficiency virus.

(iv)  Tests to determine paternity conducted pursuant to title 25, chapter 6, article 1.

(v)  Tests given for use in biomedical research that is conducted to generate scientific knowledge about genes or to learn about the genetic basis of disease or for developing pharmaceutical and other treatment of disease.

2.  "Health care decision maker" means a person who is authorized to make health care treatment decisions for the patient, including a parent of a minor and a person who is authorized to make these decisions pursuant to title 14, chapter 5, article 2 or 3 or section 8-514.05, 36‑3221, 36‑3231 or 36‑3281.

3.  "Health care provider" means physicians licensed pursuant to title 32, chapter 13, 14 or 17, physician assistants licensed pursuant to title 32, chapter 25, registered nurse practitioners licensed pursuant to title 32, chapter 15, health care institutions as defined in section 36‑401 and clinical laboratories licensed pursuant to title 36, chapter 4.1. END_STATUTE

Sec. 2.  Section 13-1415, Arizona Revised Statutes, is amended to read:

START_STATUTE13-1415.  Human immunodeficiency virus and sexually transmitted disease testing; victim's rights; petition; definitions

A.  A defendant, including a defendant who is a minor, who is alleged to have committed a sexual offense or another offense involving significant exposure is subject to a court order that requires the defendant to submit to testing for the human immunodeficiency virus and other sexually transmitted diseases and to consent to the release of the test results to the victim.

B.  Pursuant to subsection A of this section, the prosecuting attorney, if requested by the victim, or, if the victim is a minor, by the parent or guardian of the minor, shall petition the court for an order requiring that the person submit a specimen, to be determined by the submitting entity, for laboratory testing by the department of health services or another licensed laboratory for the presence of the human immunodeficiency virus and other sexually transmitted diseases.  The court, within ten days, shall determine if sufficient evidence exists to indicate that significant exposure occurred.  If the court makes this finding or the act committed against the victim is a sexual offense it shall order that the testing be performed in compliance with rules adopted by the department of health services.  The prosecuting attorney shall provide the victim's name and last known address of record to the department of health services for notification purposes.  The victim's name and address are confidential, except that the department of health services may disclose the information to a local health department for victim notification purposes.

C.  After a specimen has been tested pursuant to subsection B of this section, the laboratory that performed the test shall report the results to the submitting entity.

D.  The submitting entity shall provide the results to the department of health services or a local health department.  The department of health services or a local health department shall notify the victim of the results of the test conducted pursuant to subsection B of this section and shall counsel the victim regarding the health implications of the results.

E.  The submitting entity or the department of health services shall notify the person tested of the results of the test conducted pursuant to subsection B of this section and shall counsel the person regarding the health implications of the results.  If the submitting entity does not notify the person tested of the test results, the submitting entity shall provide both the name and last known address of record of the person tested and the test results to the department of health services or a local health department for notification purposes.

F.  Notwithstanding any other law, copies of the test results shall be provided only to the victim of the crime, the person tested, the submitting entity and the department of health services.

G.  For the purposes of this section:

1.  "Sexual offense" means oral sexual contact, sexual contact or sexual intercourse as defined in section 13‑1401.

2.  "Sexually transmitted diseases" means:

(a)  Chlamydia.

(b)  Genital herpes.

(c)  Gonorrhea.

(d)  Syphilis.

(e)  Trichomonas.

3.  "Significant exposure" means contact of the victim's ruptured or broken skin or mucous membranes with a person's blood or body fluids, other than tears, saliva or perspiration, of a magnitude that the centers for disease control have epidemiologically demonstrated can result in transmission of the human immunodeficiency virus.

4.  "Submitting entity" means one of the following:

(a)  A local health department.

(b)  A health unit of the state department of corrections.

(c)  A health unit of any detention facility.

(d)  A physician licensed pursuant to title 32, chapter 13, 14, 17 or 29.END_STATUTE

Sec. 3.  Section 15-157, Arizona Revised Statutes, is amended to read:

START_STATUTE15-157.  Emergency administration of epinephrine auto‑injectors by trained personnel; immunity

Pursuant to a standing order issued by the chief medical officer of the department of health services, the chief medical officer of a county health department, a doctor of medicine licensed pursuant to title 32, chapter 13, a doctor of naturopathic medicine licensed pursuant to title 32, chapter 14, a doctor of osteopathic medicine licensed pursuant to title 32, chapter 17, a nurse practitioner licensed pursuant to title 32, chapter 15 or a physician assistant licensed pursuant to title 32, chapter 25, an employee of a school district or charter school who is trained in the administration of epinephrine auto‑injectors may administer or assist in the administration of epinephrine auto‑injectors to a pupil or an adult whom the employee believes in good faith to be exhibiting symptoms of anaphylactic shock while at school or at school‑sponsored activities.  Each school district and charter school may stock two or more juvenile doses and two or more adult doses of epinephrine auto‑injectors at each school pursuant to a standing order issued by the chief medical officer of the department of health services, the chief medical officer of a county health department, a doctor of medicine licensed pursuant to title 32, chapter 13, a doctor of naturopathic medicine licensed pursuant to title 32, chapter 14, a doctor of osteopathic medicine licensed pursuant to title 32, chapter 17, a nurse practitioner licensed pursuant to title 32, chapter 15 or a physician assistant licensed pursuant to title 32, chapter 25.  A school district or charter school may accept monetary donations for or apply for grants for the purchase of epinephrine auto‑injectors or may participate in third-party programs to obtain epinephrine auto-injectors at fair market, free or reduced prices.  The chief medical officer of the department of health services, the chief medical officer of a county health department, a doctor of medicine licensed pursuant to title 32, chapter 13, a doctor of naturopathic medicine licensed pursuant to title 32, chapter 14, a doctor of osteopathic medicine licensed pursuant to title 32, chapter 17, a nurse practitioner licensed pursuant to title 32, chapter 15 or a physician assistant licensed pursuant to title 32, chapter 25, a school district, a charter school and employees of a school district or charter school are immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of the requirements of this section, except in cases of gross negligence, wilful misconduct or intentional wrongdoing. END_STATUTE

Sec. 4.  Section 15-203, Arizona Revised Statutes, is amended to read:

START_STATUTE15-203.  Powers and duties

A.  The state board of education shall:

1.  Exercise general supervision over and regulate the conduct of the public school system and adopt any rules and policies it deems necessary to accomplish this purpose.

2.  Keep a record of its proceedings.

3.  Make rules for its own government.

4.  Determine the policy and work undertaken by it.

5.  Subject to title 41, chapter 4, article 4, employ staff.

6.  Prescribe and supervise the duties of its employees pursuant to title 41, chapter 4, article 4, if not otherwise prescribed by statute.

7.  Delegate to the superintendent of public instruction the execution of board policies and rules.

8.  Recommend to the legislature changes or additions to the statutes pertaining to schools.

9.  Prepare, publish and distribute reports concerning the educational welfare of this state.

10.  Prepare a budget for expenditures necessary for proper maintenance of the board and accomplishment of its purposes and present the budget to the legislature.

11.  Aid in the enforcement of laws relating to schools.

12.  Prescribe a minimum course of study in the common schools, minimum competency requirements for the promotion of pupils from the third grade and minimum course of study and competency requirements for the promotion of pupils from the eighth grade.  The state board of education shall prepare a fiscal impact statement of any proposed changes to the minimum course of study or competency requirements and, on completion, shall send a copy to the director of the joint legislative budget committee and the executive director of the school facilities board.  The state board of education shall not adopt any changes in the minimum course of study or competency requirements in effect on July 1, 1998 that will have a fiscal impact on school capital costs.

13.  Prescribe minimum course of study and competency requirements for the graduation of pupils from high school.  The state board of education shall prepare a fiscal impact statement of any proposed changes to the minimum course of study or competency requirements and, on completion, shall send a copy to the director of the joint legislative budget committee and the executive director of the school facilities board.  The state board of education shall not adopt any changes in the minimum course of study or competency requirements in effect on July 1, 1998 that will have a fiscal impact on school capital costs.

14.  Pursuant to section 15‑501.01, supervise and control the certification of persons engaged in instructional work directly as any classroom, laboratory or other teacher or indirectly as a supervisory teacher, speech therapist, principal or superintendent in a school district, including school district preschool programs, or any other educational institution below the community college, college or university level, and prescribe rules for certification. 

15.  Adopt a list of approved tests for determining special education assistance to gifted pupils as defined in and as provided in chapter 7, article 4.1 of this title.  The adopted tests shall provide separate scores for quantitative reasoning, verbal reasoning and nonverbal reasoning and shall be capable of providing reliable and valid scores at the highest ranges of the score distribution.

16.  Adopt rules governing the methods for the administration of all proficiency examinations.

17.  Adopt proficiency examinations for its use and determine the passing score for the proficiency examinations.

18.  Include within its budget the cost of contracting for the purchase, distribution and scoring of the examinations as provided in paragraphs 16 and 17 of this subsection.

19.  Supervise and control the qualifications of professional nonteaching school personnel and prescribe standards relating to qualifications.  The standards shall not require the business manager of a school district to obtain certification from the state board of education.

20.  Impose such disciplinary action, including the issuance of a letter of censure, suspension, suspension with conditions or revocation of a certificate, on a finding of immoral or unprofessional conduct.

21.  Establish an assessment, data gathering and reporting system for pupil performance as prescribed in chapter 7, article 3 of this title, including qualifying examinations for the college credit by examination incentive program pursuant to section 15‑249.06.

22.  Adopt a rule to promote braille literacy pursuant to section 15‑214.

23.  Adopt rules prescribing procedures for the investigation by the department of education of every written complaint alleging that a certificated person has engaged in immoral conduct.

24.  For purposes of federal law, serve as the state board for vocational and technological education and meet at least four times each year solely to execute the powers and duties of the state board for vocational and technological education.

25.  Develop and maintain a handbook for use in the schools of this state that provides guidance for the teaching of moral, civic and ethical education.  The handbook shall promote existing curriculum frameworks and shall encourage school districts to recognize moral, civic and ethical values within instructional and programmatic educational development programs for the general purpose of instilling character and ethical principles in pupils in kindergarten programs and grades one through twelve.

26.  Require pupils to recite the following passage from the declaration of independence for pupils in grades four through six at the commencement of the first class of the day in the schools, except that a pupil shall not be required to participate if the pupil or the pupil's parent or guardian objects:

We hold these truths to be self‑evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.  That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. . . .

27.  Adopt rules that provide for certification reciprocity pursuant to section 15‑501.01.

28.  Adopt rules that provide for the presentation of an honorary high school diploma to a person who has never obtained a high school diploma and who meets both of the following requirements:

(a)  Currently resides in this state.

(b)  Provides documented evidence from the department of veterans' services that the person enlisted in the armed forces of the United States and served in World War I, World War II, the Korean conflict or the Vietnam conflict.

29.  Cooperate with the Arizona‑Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the duties of the department of education and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona‑Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona‑Mexico region.

30.  Adopt rules to define and provide guidance to schools as to the activities that would constitute immoral or unprofessional conduct of certificated persons.

31.  Adopt guidelines to encourage pupils in grades nine, ten, eleven and twelve to volunteer for twenty hours of community service before graduation from high school.  A school district that complies with the guidelines adopted pursuant to this paragraph is not liable for damages resulting from a pupil's participation in community service unless the school district is found to have demonstrated wanton or reckless disregard for the safety of the pupil and other participants in community service.  For the purposes of this paragraph, "community service" may include service learning.  The guidelines shall include the following:

(a)  A list of the general categories in which community service may be performed.

(b)  A description of the methods by which community service will be monitored.

(c)  A consideration of risk assessment for community service projects.

(d)  Orientation and notification procedures of community service opportunities for pupils entering grade nine, including the development of a notification form.  The notification form shall be signed by the pupil and the pupil's parent or guardian, except that a pupil shall not be required to participate in community service if the parent or guardian notifies the principal of the pupil's school in writing that the parent or guardian does not wish the pupil to participate in community service.

(e)  Procedures for a pupil in grade nine to prepare a written proposal that outlines the type of community service that the pupil would like to perform and the goals that the pupil hopes to achieve as a result of community service.  The pupil's written proposal shall be reviewed by a faculty advisor, a guidance counselor or any other school employee who is designated as the community service program coordinator for that school.  The pupil may alter the written proposal at any time before performing community service.

(f)  Procedures for a faculty advisor, a guidance counselor or any other school employee who is designated as the community service program coordinator to evaluate and certify the completion of community service performed by pupils.

32.  To facilitate the transfer of military personnel and their dependents to and from the public schools of this state, pursue, in cooperation with the Arizona board of regents, reciprocity agreements with other states concerning the transfer credits for military personnel and their dependents.  A reciprocity agreement entered into pursuant to this paragraph shall:

(a)  Address procedures for each of the following:

(i)  The transfer of student records.

(ii)  Awarding credit for completed coursework.

(iii)  Permitting a student to satisfy the graduation requirements prescribed in section 15‑701.01 through the successful performance on comparable exit‑level assessment instruments administered in another state.

(b)  Include appropriate criteria developed by the state board of education and the Arizona board of regents.

33.  Adopt guidelines that school district governing boards shall use in identifying pupils who are eligible for gifted programs and in providing gifted education programs and services.  The state board of education shall adopt any other guidelines and rules that it deems necessary in order to carry out the purposes of chapter 7, article 4.1 of this title.

34.  For each of the alternative textbook formats of human-voiced audio, large‑print and braille, designate alternative media producers to adapt existing standard print textbooks or to provide specialized textbooks, or both, for pupils with disabilities in this state.  Each alternative media producer shall be capable of producing alternative textbooks in all relevant subjects in at least one of the alternative textbook formats.  The board shall post the designated list of alternative media producers on its website.

35.  Adopt a list of approved professional development training providers for use by school districts as provided in section 15‑107, subsection J.  The professional development training providers shall meet the training curriculum requirements determined by the state board of education in at least the areas of school finance, governance, employment, staffing, inventory and human resources, internal controls and procurement.

36.  Adopt rules to prohibit a person who violates the notification requirements prescribed in section 15‑183, subsection C, paragraph 8 or section 15‑550, subsection C from certification pursuant to this title until the person is no longer charged or is acquitted of any offenses listed in section 41‑1758.03, subsection B.  The state board shall also adopt rules to prohibit a person who violates the notification requirements, certification surrender requirements or fingerprint clearance card surrender requirements prescribed in section 15‑183, subsection C, paragraph 9 or section 15‑550, subsection D from certification pursuant to this title for at least ten years after the date of the violation.

37.  Adopt rules for the alternative certification of teachers of nontraditional foreign languages that allow for the passing of a nationally accredited test to substitute for the education coursework required for certification.

38.  Adopt rules to define competency‑based educational pathways for college and career readiness that may be used by schools.  The rules shall include the following components:

(a)  The establishment of learning outcomes that will be expected for students in a particular subject.

(b)  A process and criteria by which assessments may be identified or established to determine whether students have reached the desired competencies in a particular subject.

(c)  A mechanism to allow pupils in grades seven through twelve who have demonstrated competency in a subject to immediately obtain credit for the mastery of that subject.  The rules shall include a list of applicable subjects, including the level of competency required for each subject.

39.  In consultation with the department of health services, the department of education, medical professionals, school health professionals, school administrators and an organization that represents school nurses in this state, adopt rules that prescribe the following for school districts and charter schools:

(a)  Annual training in the administration of auto‑injectable epinephrine for designated medical and nonmedical school personnel.  The annual training prescribed in this subdivision is optional during any fiscal year in which a school does not stock epinephrine auto‑injectors at the school during that fiscal year.

(b)  Annual training for all school site personnel on the recognition of anaphylactic shock symptoms and the procedures to follow when anaphylactic shock occurs, following the national guidelines of the American academy of pediatrics.  The annual training prescribed in this subdivision is optional during any fiscal year in which a school does not stock epinephrine auto‑injectors at the school during that fiscal year.

(c)  Procedures for the administration of epinephrine auto‑injectors in emergency situations.

(d)  Procedures for annually requesting a standing order for epinephrine auto‑injectors pursuant to section 15‑157 from the chief medical officer of the department of health services, the chief medical officer of a county health department, a doctor of medicine licensed pursuant to title 32, chapter 13, a doctor of naturopathic medicine licensed pursuant to title 32, chapter 14 or a doctor of osteopathic medicine licensed pursuant to title 32, chapter 17.

(e)  Procedures for reporting the use of epinephrine auto‑injectors to the department of health services.

40.  In consultation with the department of education, medical professionals, school health professionals, school administrators and an organization that represents school nurses in this state, adopt rules that prescribe the following for school districts and charter schools that elect to administer inhalers:

(a)  Annual training in the recognition of respiratory distress symptoms and the procedures to follow when respiratory distress occurs, in accordance with good clinical practice, and the administration of inhalers, as directed on the prescription protocol, by designated medical and nonmedical school personnel.

(b)  Requirements for school districts and charter schools that elect to administer inhalers to designate at least two employees at each school to be trained in the recognition of respiratory distress symptoms and the procedures to follow when respiratory distress occurs, in accordance with good clinical practice, and at least two employees at each school to be trained in the administration of inhalers, as directed on the prescription protocol.

(c)  Procedures for the administration of inhalers in emergency situations, as directed on the prescription protocol.

(d)  Procedures for annually requesting a standing order for inhalers and spacers or holding chambers pursuant to section 15‑158 from the chief medical officer of a county health department, a physician licensed pursuant to title 32, chapter 13, 14 or 17 or a nurse practitioner licensed pursuant to title 32, chapter 15.

(e)  Procedures for notifying a parent once an inhaler has been administered.

41.  Adopt rules for certification that allow substitute teachers who can demonstrate primary teaching responsibility in a classroom as defined by the state board of education to use the time spent in that classroom toward the required capstone experience for standard teaching certification.

B.  The state board of education may:

1.  Contract.

2.  Sue and be sued.

3.  Distribute and score the tests prescribed in chapter 7, article 3 of this title.

4.  Provide for an advisory committee to conduct hearings and screenings to determine whether grounds exist to impose disciplinary action against a certificated person, whether grounds exist to reinstate a revoked or surrendered certificate and whether grounds exist to approve or deny an initial application for certification or a request for renewal of a certificate.  The board may delegate its responsibility to conduct hearings and screenings to its advisory committee.  Hearings shall be conducted pursuant to title 41, chapter 6, article 6.

5.  Proceed with the disposal of any complaint requesting disciplinary action or with any disciplinary action against a person holding a certificate as prescribed in subsection A, paragraph 14 of this section after the suspension or expiration of the certificate or surrender of the certificate by the holder.

6.  Assess costs and reasonable attorney fees against a person who files a frivolous complaint or who files a complaint in bad faith.  Costs assessed pursuant to this paragraph shall not exceed the expenses incurred by the department of education in the investigation of the complaint.END_STATUTE

Sec. 5.  Section 15-843, Arizona Revised Statutes, is amended to read:

START_STATUTE15-843.  Pupil disciplinary proceedings

A.  An action concerning discipline, suspension or expulsion of a pupil is not subject to title 38, chapter 3, article 3.1, except that the governing board of a school district shall post regular notice and shall take minutes of any hearing held by the governing board concerning the discipline, suspension or expulsion of a pupil.

B.  The governing board of any school district, in consultation with the teachers and parents of the school district, shall prescribe rules for the discipline, suspension and expulsion of pupils.  The rules shall be consistent with the constitutional rights of pupils and shall include at least the following:

1.  Penalties for excessive pupil absenteeism pursuant to section 15‑803, including failure in a subject, failure to pass a grade, suspension or expulsion.

2.  Procedures for the use of corporal punishment if allowed by the governing board.

3.  Procedures for the reasonable use of physical force by certificated or classified personnel in self‑defense, defense of others and defense of property.

4.  Procedures for dealing with pupils who have committed or who are believed to have committed a crime.

5.  A notice and hearing procedure for cases concerning the suspension of a pupil for more than ten days.

6.  Procedures and conditions for readmission of a pupil who has been expelled or suspended for more than ten days.

7.  Procedures for appeal to the governing board of the suspension of a pupil for more than ten days, if the decision to suspend the pupil was not made by the governing board.

8.  Procedures for appeal of the recommendation of the hearing officer or officers designated by the board as provided in subsection F of this section at the time the board considers the recommendation.

9.  Disciplinary policies for the confinement of pupils left alone in an enclosed space.  These policies shall include the following:

(a)  A process for prior written parental notification that confinement may be used for disciplinary purposes and that is included in the pupil's enrollment packet or admission form.

(b)  A process for prior written parental consent before confinement is allowed for any pupil in the school district.  The policies shall provide for an exemption to prior written parental consent if a school principal or teacher determines that the pupil poses imminent physical harm to self or others.  The school principal or teacher shall make reasonable attempts to notify the pupil's parent or guardian in writing by the end of the same day that confinement was used.

10.  Procedures that require the school district to annually report to the department of education in a manner prescribed by the department the number of suspensions and expulsions that involve the possession, use or sale of an illegal substance under title 13, chapter 34 and the type of illegal substance involved in each suspension or expulsion.  The department of education shall compile this information and annually post the information on its website.  The information shall comply with the family educational rights and privacy act of 1974 (P.L. 93‑380; 88 Stat. 57; 20 United States Code section 1232g) and not include personally identifiable information and shall show the number of suspensions and expulsions associated with each illegal substance aggregated statewide and by county.

C.  Penalties adopted pursuant to subsection B, paragraph 1 of this section for excessive absenteeism shall not be applied to pupils who have completed the course requirements and whose absence from school is due solely to illness, disease or accident as certified by a person who is licensed pursuant to title 32, chapter 7, 13, 14, 15 or 17.

D.  The governing board shall:

1.  Support and assist teachers in the implementation and enforcement of the rules prescribed pursuant to subsection B of this section.

2.  Develop procedures allowing teachers and principals to recommend the suspension or expulsion of pupils.

3.  Develop procedures allowing teachers and principals to temporarily remove disruptive pupils from a class.

4.  Delegate to the principal the authority to remove a disruptive pupil from the classroom.

E.  If a pupil withdraws from school after receiving notice of possible action concerning discipline, expulsion or suspension, the governing board may continue with the action after the withdrawal and may record the results of such action in the pupil's permanent file.

F.  In all action concerning the expulsion of a pupil, the governing board of a school district shall:

1.  Be notified of the intended action.

2.  Either:

(a)  Decide, in executive session, whether to hold a hearing or to designate one or more hearing officers to hold a hearing to hear the evidence, prepare a record and bring a recommendation to the board for action and whether the hearing shall be held in executive session.

(b)  Provide by policy or vote at its annual organizational meeting that all hearings concerning the expulsion of a pupil conducted pursuant to this section will be conducted before a hearing officer selected from a list of hearing officers approved by the governing board.

3.  Give written notice, at least five working days before the hearing by the governing board or the hearing officer or officers designated by the governing board, to all pupils subject to expulsion and their parents or guardians of the date, time and place of the hearing.  If the governing board decides that the hearing is to be held in executive session, the written notice shall include a statement of the right of the parents or guardians or an emancipated pupil who is subject to expulsion to object to the governing board's decision to have the hearing held in executive session.  Objections shall be made in writing to the governing board.

G.  If a parent or guardian or an emancipated pupil who is subject to expulsion disagrees that the hearing should be held in executive session, it shall be held in an open meeting unless:

1.  If only one pupil is subject to expulsion and disagreement exists between that pupil's parents or guardians, the governing board, after consultations with the pupil's parents or guardians or the emancipated pupil, shall decide in executive session whether the hearing will be in executive session.

2.  If more than one pupil is subject to expulsion and disagreement exists between the parents or guardians of different pupils, separate hearings shall be held subject to this section.

H.  This section does not prevent the pupil who is subject to expulsion or suspension, and the pupil's parents or guardians and legal counsel, from attending any executive session pertaining to the proposed disciplinary action, from having access to the minutes and testimony of the executive session or from recording the session at the parent's or guardian's expense.

I.  In schools employing a superintendent or a principal, the authority to suspend a pupil from school is vested in the superintendent, principal or other school officials granted this power by the governing board of the school district.

J.  In schools that do not have a superintendent or principal, a teacher may suspend a pupil from school.

K.  In all cases of suspension, it shall be for good cause and shall be reported within five days to the governing board by the superintendent or the person imposing the suspension.

L.  Rules pertaining to the discipline, suspension and expulsion of pupils shall not be based on race, color, religion, sex, national origin or ancestry.  If the department of education, the auditor general or the attorney general determines that a school district is substantially and deliberately not in compliance with this subsection and if the school district has failed to correct the deficiency within ninety days after receiving notice from the department of education, the superintendent of public instruction may withhold the monies the school district would otherwise be entitled to receive from the date of the determination of noncompliance until the department of education determines that the school district is in compliance with this subsection.

M.  The principal of each school shall ensure that a copy of all rules pertaining to discipline, suspension and expulsion of pupils is distributed to the parents of each pupil at the time the pupil is enrolled in school.

N.  The principal of each school shall ensure that all rules pertaining to the discipline, suspension and expulsion of pupils are communicated to students at the beginning of each school year, and to transfer students at the time of their enrollment in the school.

O.  School districts may refer a pupil who has been subject to discipline, suspension or expulsion pursuant to this section to a career and college readiness program for at-risk students established pursuant to section 15‑707. END_STATUTE

Sec. 6.  Section 28-3167, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3167.  Medical code information on license; rules; immunity

A.  The department shall provide on each driver license and on each nonoperating identification license a space where a licensee may indicate that the licensee suffers from some type of adverse medical condition using a medical code prescribed by the department if the licensee presents a signed statement from a physician who is licensed pursuant to title 32, chapter 13, 14 or 17 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15 stating that the person suffers from the condition.

B.  The department shall prescribe by rule a medical code to identify the medical conditions using a system of numerals or letters commonly accepted by the medical profession.  Except for the purposes of entering the medical code on the driver license or nonoperating identification license, and unless the person affirmatively requests in writing that the person wants the medical code as part of the computer record, the department shall not maintain the medical code in the department computer after the department issues the driver license or nonoperating identification license.

C.  The department and this state are exempt from liability for damages from the use of medical code information provided on a license pursuant to this section. END_STATUTE

Sec. 7.  Section 28-3315, Arizona Revised Statutes, is amended to read:

START_STATUTE28-3315.  Period of suspension, revocation or disqualification; unlicensed drivers; definitions

A.  The department shall not suspend, revoke or disqualify a driver license or privilege to drive a motor vehicle on the public highways for more than one year from the date of a conviction or judgment, if any, against a person for which this chapter makes revocation, suspension or disqualification mandatory or from the date the notice is sent pursuant to section 28‑3318 if no conviction was involved, except as permitted under subsection E of this section and sections 28‑3312, 28‑3319 and 28‑3320.

B.  A person whose license or privilege to drive a motor vehicle on the public highways has been revoked may apply for reinstatement of the person's license as provided by law after the cause of the revocation is removed or after expiration of the revocation period prescribed by law.  The department may reinstate the person's driver license after the department reviews an applicant's driving record in this state or another state or other sufficient evidence to determine that:

1.  All withdrawal actions are complete.

2.  The applicant has not been convicted of or found responsible for any traffic violations within twelve months preceding application.

3.  All other statutory requirements are satisfied.

C.  The department shall not accept an application for reinstatement of a driver license until after the twelve month period prescribed in subsection B of this section has elapsed.

D.  If the department reinstates a person's driver license or driving privilege for a revocation that is related to alcohol or other drugs, the department may accept an evaluation that was performed within the previous twelve months from a physician, a psychologist, a physician assistant, a registered nurse practitioner or a substance abuse counselor indicating that, in the opinion of the physician, psychologist, physician assistant, registered nurse practitioner or substance abuse counselor, the condition does not affect or impair the person's ability to safely operate a motor vehicle.  For the purposes of reinstating a license or driving privilege pursuant to this article, the department may rely on the opinion of a physician, a psychologist, a physician assistant, a registered nurse practitioner or a substance abuse counselor.

E.  Notwithstanding subsections A and B of this section:

1.  A person whose license or privilege to drive is revoked pursuant to section 28‑3304, subsection A, paragraph 1 or 11 is not entitled to have the person's license or privilege renewed or restored for three years.

2.  A person whose license or privilege to drive is revoked pursuant to section 13‑1209 is not entitled to have the person's license or privilege renewed or restored for the period of time ordered by the court.

3.  If a license, permit or privilege to drive is revoked pursuant to section 28‑661, subsection E the license, permit or privilege may not be renewed or restored except as prescribed by section 28‑661, subsections E and F.

4.  A person whose license, permit or privilege to drive is revoked pursuant to section 28‑661, subsection G is not entitled to have the person's license, permit or privilege renewed or restored for three years.

F.  If an unlicensed driver commits an offense for which a driver license could be suspended, revoked or disqualified, the department shall not accept the unlicensed driver's application for a driver license for a period equal to the period of time that applies to a driver with a license. If the offense is one for which a driver license could be revoked, the department shall not accept the unlicensed driver's application for a driver license unless it the application includes an evaluation from a physician, psychologist, physician assistant, registered nurse practitioner or substance abuse counselor on the habits and driving ability of the person and that the evaluator is satisfied that it is safe to grant the privilege of driving a motor vehicle on the public highways.

G.  The expiration of a person's license during the period of time it is under suspension, revocation or disqualification does not invalidate or terminate the suspension, revocation or disqualification.

H.  A person whose license or privilege to drive a motor vehicle on the public highways has been suspended pursuant to section 28‑3306, subsection A, paragraph 5 or section 28‑3314 may apply for a new license as provided by law after the cause for suspension is removed or after expiration of the suspension period prescribed by law if both of the following conditions are met:

1.  The department is satisfied, after reviewing the medical condition and driving ability of the person, that it is safe to grant the person the privilege of driving a motor vehicle on the public highways.

2.  If the person has a medical condition related to alcohol or other drugs, the department may accept an evaluation form from a physician, a psychologist, a physician assistant, a registered nurse practitioner or a substance abuse counselor indicating that, in the opinion of the physician, psychologist, physician assistant, registered nurse practitioner or substance abuse counselor, the condition does not affect or impair the person's ability to operate a motor vehicle in a safe manner.

I.  For the purposes of this section:

1.  "Physician" means a physician who is licensed pursuant to title 32, chapter 13, 14, 17 or 29.

2.  "Physician assistant" means a physician assistant who is licensed pursuant to title 32, chapter 25.

3.  "Psychologist" means a psychologist who is licensed pursuant to title 32, chapter 19.1.

4.  "Registered nurse practitioner" means a registered nurse practitioner who is licensed pursuant to title 32, chapter 15.

5.  "Substance abuse counselor" has the same meaning prescribed in section 28‑3005. END_STATUTE

Sec. 8.  Section 36-663, Arizona Revised Statutes, is amended to read:

START_STATUTE36-663.  HIV‑related testing; restrictions; exceptions

A.  Except as otherwise specifically authorized or required by this state or by federal law, before an HIV‑related test is ordered by a health care provider, the health care provider shall ensure that oral or written informed consent information is provided to the subject of the test who has capacity to consent or, if the subject lacks capacity to consent, to a person authorized pursuant to law to consent to health care for that person.  For the purposes of this subsection, "informed consent information" means information that explains HIV infection and the meaning of a positive test result and that indicates that the patient may ask questions and decline testing.

B.  This section does not apply to the performance of an HIV‑related test:

1.  By a health care provider or health facility in relation to the procuring, processing, distributing or use of a human body or a human body part, including organs, tissues, eyes, bones, arteries, blood, semen, milk or other body fluids, for use in medical research or therapy or for transplantation to other persons.

2.  If testing is requested by a health care provider or first responder who has had an occupational significant exposure risk to the patient's blood or bodily fluid.  HIV‑related testing under this paragraph may be performed under a general consent to receive treatment, except in an emergency when consent may be implied.  Such testing may be performed under this paragraph only on receipt of a written request from a health care provider or first responder who documents the occurrence and information regarding the nature of the occupational significant exposure risk and the report is reviewed and confirmed by a health care provider who is both licensed pursuant to title 32, chapter 13, 14, 15 or 17 and competent to determine a significant exposure risk.  A patient may not be forced to provide a blood sample for the purposes of this paragraph.  When an HIV‑related test is ordered, a health care provider shall provide the patient with the test results and information that explains HIV infection and the meaning of a positive or negative test result and that indicates that the patient may ask questions.

3.  For the purpose of research if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher.

4.  On a deceased person, if the test is conducted in order to determine the cause of death or for epidemiologic or public health purposes.

5.  In the course of providing necessary emergency medical treatment to a patient who lacks capacity to consent to HIV‑related testing and for whom no person authorized pursuant to law to consent to health care for that person can be identified on a timely basis if the testing is necessary for the diagnosis and treatment of the emergency condition.  The attending physician shall document the existence of an emergency medical condition, the necessity of the HIV‑related testing to diagnose and treat the emergency condition and the patient's lack of capacity.

6.  On a patient who lacks capacity to consent and for whom no person authorized pursuant to law to consent to health care for that person can be identified on a timely basis if the HIV‑related testing is directly related to and necessary for the diagnosis and treatment of the person's medical condition.  HIV‑related testing shall be performed under these circumstances only on written certification by the attending physician and a consulting physician that the HIV‑related testing is directly related to and necessary for the diagnosis and treatment of the patient's medical condition.

7.  That is performed on an anonymous basis at a public health agency.

C.  A medical examiner or alternate medical examiner may provide a blood sample from a deceased person for the purpose of HIV-related testing pursuant to subsection B, paragraph 2 of this section.  A medical examiner or alternate medical examiner is not required to perform an HIV-related test for an occupational significant exposure risk. END_STATUTE

Sec. 9.  Section 36-664, Arizona Revised Statutes, is amended to read:

START_STATUTE36-664.  Confidentiality; exceptions

A.  A person who obtains communicable disease related information in the course of providing a health service or obtains that information from a health care provider pursuant to an authorization shall not disclose or be compelled to disclose that information except as authorized by state or federal law, including the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 160 and part 164, subpart E), or pursuant to the following:

1.  The protected person or, if the protected person lacks capacity to consent, the protected person's health care decision maker.

2.  A health care provider or first responder who has had an occupational significant exposure risk to the protected person's blood or bodily fluid if the health care provider or first responder provides a written request that documents the occurrence and information regarding the nature of the occupational significant exposure risk and the report is reviewed and confirmed by a health care provider who is both licensed pursuant to title 32, chapter 13, 14, 15 or 17 and competent to determine a significant exposure risk.  A health care provider who releases communicable disease information pursuant to this paragraph shall provide education and counseling to the person who has had the occupational significant exposure risk.

3.  The department or a local health department for purposes of notifying a Good Samaritan pursuant to subsection E of this section.

4.  An agent or employee of a health facility or health care provider to provide health services to the protected person or the protected person's child or for billing or reimbursement for health services.

5.  A health facility or health care provider, in relation to the procurement, processing, distributing or use of a human body or a human body part, including organs, tissues, eyes, bones, arteries, blood, semen, milk or other body fluids, for use in medical education, research or therapy or for transplantation to another person.

6.  A health facility or health care provider, or an organization, committee or individual designated by the health facility or health care provider, that is engaged in the review of professional practices, including the review of the quality, utilization or necessity of medical care, or an accreditation or oversight review organization responsible for the review of professional practices at a health facility or by a health care provider.

7.  A private entity that accredits the health facility or health care provider and with whom the health facility or health care provider has an agreement requiring the agency to protect the confidentiality of patient information.

8.  A federal, state, county or local health officer if disclosure is mandated by federal or state law.

9.  A federal, state or local government agency authorized by law to receive the information.  The agency is authorized to redisclose the information only pursuant to this article or as otherwise permitted by law.

10.  An authorized employee or agent of a federal, state or local government agency that supervises or monitors the health care provider or health facility or administers the program under which the health service is provided.  An authorized employee or agent includes only an employee or agent who, in the ordinary course of business of the government agency, has access to records relating to the care or treatment of the protected person.

11.  A person, health care provider or health facility to which disclosure is ordered by a court or administrative body pursuant to section 36‑665.

12.  The industrial commission or parties to an industrial commission of Arizona claim pursuant to section 23‑908, subsection D and section 23‑1043.02.

13.  Insurance entities pursuant to section 20‑448.01 and third‑party payors or the payors' contractors.

14.  Any person or entity as authorized by the patient or the patient's health care decision maker.

15.  A person or entity as required by federal law.

16.  The legal representative of the entity holding the information in order to secure legal advice.

17.  A person or entity for research only if the research is conducted pursuant to applicable federal or state laws and regulations governing research.

18.  A person or entity that provides services to the patient's health care provider, as defined in section 12‑2291, and with whom the health care provider has a business associate agreement that requires the person or entity to protect the confidentiality of patient information as required by the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 164, subpart E).

19.  A county medical examiner or an alternate medical examiner directing an investigation into the circumstances surrounding a death pursuant to section 11‑593.

B.  At the request of the department of child safety or the department of economic security and in conjunction with the placement of children in foster care or for adoption or court‑ordered placement, a health care provider shall disclose communicable disease information, including HIV‑related information, to the department of child safety or the department of economic security.

C.  A state, county or local health department or officer may disclose communicable disease related information if the disclosure is any of the following:

1.  Specifically authorized or required by federal or state law.

2.  Made pursuant to an authorization signed by the protected person or the protected person's health care decision maker.

3.  Made to a contact of the protected person.  The disclosure shall be made without identifying the protected person.

4.  For the purposes of research as authorized by state and federal law.

D.  The director may authorize the release of information that identifies the protected person to the national center for health statistics of the United States public health service for the purposes of conducting a search of the national death index.

E.  The department or a local health department shall disclose communicable disease related information to a Good Samaritan who submits a request to the department or the local health department.  The request shall document the occurrence of the accident, fire or other life‑threatening emergency and shall include information regarding the nature of the significant exposure risk.  The department shall adopt rules that prescribe standards of significant exposure risk based on the best available medical evidence.  The department shall adopt rules that establish procedures for processing requests from Good Samaritans pursuant to this subsection.  The rules shall provide that the disclosure to the Good Samaritan shall not reveal the protected person's name and shall be accompanied by a written statement that warns the Good Samaritan that the confidentiality of the information is protected by state law.

F.  An authorization to release communicable disease related information shall be signed by the protected person or, if the protected person lacks capacity to consent, the protected person's health care decision maker.  An authorization shall be dated and shall specify to whom disclosure is authorized, the purpose for disclosure and the time period during which the release is effective.  A general authorization for the release of medical or other information, including communicable disease related information, is not an authorization for the release of HIV‑related information unless the authorization specifically indicates its purpose as an authorization for the release of confidential HIV‑related information and complies with the requirements of this section.

G.  A person to whom communicable disease related information is disclosed pursuant to this section shall not disclose the information to another person except as authorized by this section.  This subsection does not apply to the protected person or a protected person's health care decision maker.

H.  This section does not prohibit the listing of communicable disease related information, including acquired immune deficiency syndrome, HIV‑related illness or HIV infection, in a certificate of death, autopsy report or other related document that is prepared pursuant to law to document the cause of death or that is prepared to release a body to a funeral director.  This section does not modify a law or rule relating to access to death certificates, autopsy reports or other related documents.

I.  If a person in possession of HIV‑related information reasonably believes that an identifiable third party is at risk of HIV infection, that person may report that risk to the department.  The report shall be in writing and include the name and address of the identifiable third party and the name and address of the person making the report.  The department shall contact the person at risk pursuant to rules adopted by the department.  The department employee making the initial contact shall have expertise in counseling persons who have been exposed to or tested positive for HIV or acquired immune deficiency syndrome.

J.  Except as otherwise provided pursuant to this article or subject to an order or search warrant issued pursuant to section 36‑665, a person who receives HIV‑related information in the course of providing a health service or pursuant to a release of HIV‑related information shall not disclose that information to another person or legal entity or be compelled by subpoena, order, search warrant or other judicial process to disclose that information to another person or legal entity.

K.  This section and sections 36‑663, 36‑666, 36‑667 and 36‑668 do not apply to persons or entities subject to regulation under title 20. END_STATUTE

Sec. 10.  Section 36-1673, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1673.  Reporting of lead levels

The director shall adopt rules and regulations establishing an effective procedure under which all physicians licensed pursuant to the provisions of title 32, chapter 13, 14 or 17 shall report to the department all analyses of blood samples which indicate significant levels of lead.  The regulations shall include such necessary criteria to determine those levels of significance which shall be reported. END_STATUTE

Sec. 11.  Section 36-2351, Arizona Revised Statutes, is amended to read:

START_STATUTE36-2351.  Definitions

In this chapter, unless the context otherwise requires:

1.  "Construction" means building, erection, fabrication or installation.

2.  "Coordinating medical provider" means a physician or group of physicians, or any combination thereof, which has entered into an agreement with a county, incorporated city or town, health service district or the department to supervise the medical care offered at a medical clinic, as defined by this section.

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

4.  "Health service district" means a health service district established pursuant to title 48, chapter 16, article 1.

5.  "Hospital" means a health care institution licensed as a hospital pursuant to chapter 4, article 2 of this title.

6.  "Medical clinic" means a facility, whether mobile or stationary, which provides ambulatory medical care in a medically‑underserved area through the employment of physicians, professional nurses, physician assistants or other health care technical and paraprofessional personnel.

7.  "Physician" means a physician licensed pursuant to title 32, chapter 13, 14 or 17. END_STATUTE

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