A.R.S. tit. 41 ch. 33 — Arizona Revised Statutes Title 41 Chapter 33 — Regulation Of Nonhealth Professions And Occupations

41-3501. Definitions In this chapter, unless the context otherwise requires: 1. "Government certification" means a voluntary program in which this state grants nontransferable recognition to an individual who meets personal qualifications that are established by law. 2. "Government registration" means a requirement to give notice to the government, which may include the individual's name and address, the individual's agent for service of process, the location of the activity to be performed and a description of the service the individual provides. 3. "Lawful occupation" means a course of conduct, pursuit or profession that includes the sale of goods or services that are not themselves illegal to sell, irrespective of whether the individual selling them is subject to occupational regulation. 4. "Less restrictive regulation" means, from least to most restrictive: (a) Nongovernment regulation, including: (i) Private certification. (ii) Deceptive trade practice laws. (iii) Mandatory disclosure of attributes of the specific good or service. (b) Regulation of the process of providing the specific good or service. (c) Regulation of the facility where the specific good or service is sold. (d) Inspection regulations. (e) Bonding requirements. (f) Insurance requirements. (g) Government registration. (h) Government certification. (i) Occupational or professional license. 5. "Occupational or professional license" means a nontransferable authorization for an individual to perform exclusively a lawful occupation for compensation based on meeting personal qualifications that are established by law. 6. "Occupational regulation": (a) Means a statute, rule, practice, policy or other state law that allows an individual to use an occupational title or work in a lawful occupation. (b) Includes a government registration, a government certification and an occupational or professional license. (c) Does not include a business license, facility license, building permit or zoning and land use regulation except to the extent those state laws regulate an individual's personal qualifications to perform a lawful occupation. 7. "Personal qualifications" means criteria that are related to an individual's personal background and characteristics, including completion of an approved educational program, satisfactory performance on an examination, work experience or other evidence of attainment of requisite skills or knowledge, moral character, criminal history and completion of continuing education. 8. "Private certification" means a voluntary program in which a private organization grants nontransferable recognition to an individual who meets personal qualifications that are established by the private organization. 41-3502. Regulating professions and occupations; criteria A. A profession or occupation shall not be regulated except for the exclusive purpose of protecting the public interest. Regulation shall not be imposed for the exclusive purpose of protecting a profession or occupation from economic competition. Except as provided in title 32, chapter 31, all regulation of a profession or occupation for the first time shall be reviewed according to the criteria prescribed in subsection B of this section. B. This state shall regulate a profession or occupation only if all of the following apply: 1. There is credible evidence of harm that the unregulated practice threatens the public health, safety or welfare in this state. 2. The actual or anticipated public benefit of the regulation clearly exceeds the costs imposed on consumers, businesses and individuals. 3. The public needs and can reasonably be expected to benefit from government regulation. 4. The public cannot be effectively protected by less restrictive regulations. C. After evaluating the criteria prescribed in subsection B of this section, if it is necessary to regulate a profession or occupation not previously regulated by law, the regulation shall be in the least restrictive manner as prescribed by this article. D. The legislative committee of reference may hold hearings to evaluate the criteria prescribed in subsection B of this section. The legislative committee of reference may request information from state agencies that contract with individuals in regulated occupations and others with knowledge of the occupation or labor market economics. E. The legislative committee of reference shall provide the findings and recommendations to the standing committee to which the proposed legislation is assigned. The standing committee shall address all of the following: 1. The type of regulations, if any, that are appropriate pursuant to subsections B and C of this section. 2. If applicable, the scope of practice and requisite personal qualifications that are appropriate for a government certification or occupational or professional license. 3. The extent to which failure to regulate a profession or occupation will result in: (a) The loss of insurance. (b) An impact to the ability to practice in other states or as required by federal law. (c) An impact to the required licensure or registration with the federal government. (d) The loss of constitutionally afforded practices. F. Notwithstanding any other law, an agency that issues new occupational or professional licenses, registrations or certificates shall not hinder the regulated industry through the delayed awarding of a license, registration or certificate. G. Subsections B and C of this section do not preempt federal regulations or require a private certification organization to grant or deny private certification to an individual. 41-3503. Applicant groups; nonhealth professions and occupations; written report Applicant groups shall submit a written report explaining the factors prescribed in section 41-3504 to the president of the senate and the speaker of the house of representatives. The report shall be submitted on or before September 1 before the start of the legislative session for which the legislation is proposed. The president of the senate or the speaker of the house of representatives shall assign the written report to the appropriate legislative committee of reference. 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 the third Friday in January of the year following the year in which the report is submitted. Legislative committees of reference may hold hearings as they deem necessary. 41-3504. Applicants for regulation; factors Applicant groups for regulation shall explain each of the following factors 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 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. 41-3505. Board actions; records; website; legislative advocacy A. If a nonhealth profession regulatory board dismisses a complaint, the record of that complaint is available to that regulatory board and the public pursuant to section 39-121 but may not appear on the board's website. For the purposes of this subsection, "dismisses a complaint" means that a board does not issue a disciplinary or nondisciplinary order or action against a licensee or certificate holder. B. If a nonhealth profession regulatory board issues a nondisciplinary order or action against a licensee or certificate holder, the record of the nondisciplinary order or action is available to that board and the public pursuant to section 39-121 but may not appear on the board's website, except that a practice limitation or restriction, and documentation relating to that action, may appear on the board's website. C. If a nonhealth profession regulatory board maintains a website, the board must display on its website a statement that a person may obtain additional public records related to any licensee or certificate holder, including dismissed complaints and nondisciplinary actions and orders, by contacting the board directly. D. This section does not prohibit a nonhealth profession regulatory board from conducting its authorized duties in a public meeting. E. Subsections A and B of this section do not apply to meeting minutes and notices kept by the board in accordance with the public meeting requirements of title 38, chapter 3, article 3.1. F. The director of a nonhealth profession regulatory board may not advocate for or against a legislative proposal in the director's official capacity until the regulatory board has taken a formal position on the proposal in a public meeting.