Arizona House of Representatives Committee on Regulatory Affairs Meeting Minutes

Summary

The report of the regular meeting of the Committee on Regulatory Affairs of the Arizona House of Representatives, Fifty-fourth Legislature, Second Regular Session, held Monday, March 9, 2020. It records committee action on four Senate bills: SB1274 (professional regulatory boards; composition) DPA 4-2-1-0, SB1142 (nonhealth professions; occupations; regulations) DP 4-3-0-0, SB1127 (athletic trainers; dry needling) DP 6-0-0-1 and SB1074 (occupational therapists; fingerprint clearance cards) DP 7-0-0-0. Attachments include the agenda, the Request to Speak report listing registered positions and comments on the bills, and an attendance report. The packet closes with a House summary of SB 1074 on fingerprint clearance cards for occupational therapy applicants beginning January 1, 2021, and the SB 1074 roll call vote signed by Chairman Travis W. Grantham.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Arizona House of Representatives Committee on Regulatory Affairs Meeting Minutes.” Original at www.azleg.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/committee-37a9b0f96ec27aae/, SHA-256 0578e94d82ebf113fa8332876df384d516ea9c34a7e7092b6015ec607c2f5733.

Full text

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fourth Legislature - Second Regular Session

COMMITTEE ON REGULATORY AFFAIRS

Report of Regular Meeting
Monday, March 9, 2020
House Hearing Room 5 -- 2:00 P.M.

Convened 2:59 P.M.

Reconvened CHIEF CLERK'S OFFICE
Adjourned 4:06 P.M. 3 “VOr AO

Members Present Members Absent
Mr. Blackman

Ms. Powers Hannley

Mr. Shah

Mrs. Teran

Mr. Toma

Mr. Roberts, Vice-Chairman

Mr. Grantham, Chairman

Agenda
Original Agenda — Attachment 1

Request to Speak
Report — Attachment 2

Committee Attendance
Report — Attachment 3

Committee Action
Bill Action Vote Attachments
SB1274 DPA 4-2-1-0 4,5,6
SB1142 DP 4-3-0-0 7,8
SB1127. DP 6-0-0-1 9,10
SB1074 DP 7-0-0-0 11,12

Susarf Hite, Committee Secretary
March 10, 2020

(Original attachments on file in the Office of the Chief Clerk; video archives available at http://www.azleg.gov)

COMMITTEE ON REGULATORY AFFAIRS
March 9, 2020
REVISED - 3/05/20 REVISED - 3/05/20 REVISED - 3/05/20

ARIZONA HOUSE OF REPRESENTATIVES 7,
Fifty-fourth Legislature - Second Regular Session CC On, 4154 Pre

REGULAR MEETING AGENDA

‘ ‘OC Pn
COMMITTEE ON REGULATORY AFFAIRS K dy - P

DATE Monday, March 9, 2020 ROOM HHR5 TIME 2:00 P.M.
Members:
Mr, Blackman Mrs. Teradn Mr. Roberts, Vice-Chairman
Ms. Powers Hannley Mr. Toma Mr. Grantham, Chairman
Mr. Shah
Bills Short Title Strike Everything Title
=8B41039 home-serviee-swarranty-contracts
eel —__—_ (Livingsten)
RA—held_0-6-6-0-6-RULES

4 SB1074 D p occupational therapists; fingerprint clearance cards
————_—— (Brophy McGee)
20 -0-) RA, RULES

425 B1079 health-care-service corporations; scope(now:
a insuranee;unfairsettlement- practices ulemaking)
CarnswerthD)
RA, RULES

% ***SB1127 ve athletic trainers; dry needling
——_ (Brophy McGee: Barto)

b-0-0- { HHS dp 8-0-0-1-0, RA, RULES

2 **SBI142 D e nonhealth professions; occupations; regulations.
———-_ (Pace: Kern)
4¥-2.0.0 RA, RULES

i. **SB1274 professional regulatory boards; composition

RCH _ (Ugenti-Rita)
L422-)-©_ RA, RULES

* On previous agenda
*% If first read and assigned
lial If out of primary committee

ORDER OF BILLS TO BE SET BY THE CHAIRMAN
Sh 03/05/2020

People with disabilities may request reasonable accommodations such as interpreters, alternative formats, or
assistance with physical accessibility. If you require accommodations, please contact the Chief Clerk's Office at
(602) 926-3032 or through Arizona Relay Service 7-1-1,

Attachment

Page 1 of 1
Information Registered on the Request to Speak System

House Regulatory Affairs (3/9/2020)

$B1274, professional regulatory boards: composition

Testified in support:
Paul Avelar, INSTITUTE FOR JUSTICE AZ CHAPTER; Emily Rajakovich, AZ GOVERNOR'S OFFICE

Testified as opposed:
Melissa Cornelius, AZ STATE BOARD OF TECHNICAL REGISTRATION; Larry Hanson, representing self

Support:

Boaz Witbeck, AMERICANS FOR PROSPERITY AZ; David Kahn, REPUBLICAN LIBERTY CAUCUS OF ARIZONA; Gretchen
Jacobs, ARIZONA COSMETOLOGY SCHOOLS COALITION; cathy koluch, representing self; Kelsey Lundy, ARIZONA
COSMETOLOGY SCHOOLS COALITION

Neutral:
Tom Farley, American Council Of Engineering Companies Of Arizona

Oppose:

Christine Westhoff, representing self; Gini McGirr, League of Women Voters of Arizona, Legislative Chair,
representing self; kathleen mayer, representing self; Alison Porter, representing self; Rivko Knox, representing self;
Judy Schwiebert, representing self; Steve Ramos, representing self; Judith Simons, representing self; Alicia Klassen,
representing self; Mary Pradelt, representing self; Oris Friesen, representing self; howard johnson, representing
self; Rebecca Smith Gross, representing self; Geneva Haber, representing self; Maria Salvucci, representing self;
Kevin Brown, representing self; John Glenn, representing self; Eve Shapiro, representing seif; Bonnie Barker,
representing self; Doug Arnold , representing self; Dianne Post, representing self; margaret gallagher, representing
self; Brian Bickel, representing self; Susan Bickel, representing self; JoAnne Chaffeur, representing self; Sherrilynn
James, representing self; Hope Busto-Keyes, representing self; Judy Whitehouse, representing self; Ken Chaney,
representing self; Miryam Lerma, representing self; Bryna Koch, representing self; Mary Grier, representing self;
Barbara Fraboni, representing self; Darrell Boomgaarden, representing self; Brenda White, representing self; Susan
Arnold, representing self; Elizabeth Schauer, representing self; Elizabeth Goff, representing self; Charlie Silver,
representing self; Ruth Lambert, representing self; Barbara Oliver, representing self; Tom McConnell, representing
self; Barbara Hutchinson, representing self; Becky Sayler, representing self; Susan Morris, representing self; jill
scherer, representing self; Judith Ellen Sirkis, representing self; Rebecca Olsen McHood, representing self; Julie
Golding, representing self; Megan Astudillo, representing self; frank reed, representing self; Chris Senko,
representing self; Lawrence Peters, representing self; Patricia O'Neil, representing self; Linda Reichert,
representing self; Sarabeth Spencer, representing self; Marlene Verdery, representing self; Claire Ellington,
representing self; Linda Edwards, representing self; Kathy Fraser, representing self; Kimberlee McClure,
representing self; Murdock Holloway, representing self; Suellen LeMay, representing self; Truly Bone, representing
self; Kimberlee Holaway, representing self; Ryan Anderson, representing self; Susan Anderson, representing self;
Peggy Klemp, representing self; Janet Senf, representing self; Ruth Murphy, representing self; Marilyn Coyle,
representing self; Beverly Berg, representing self; Laurie Nerat, representing self; Elen Stoll, representing self;

Attachment 2
janice sandoz, representing self; Diane Lings, representing self; Thomas Sonandres, representing self; Kathleen
O'Neill, representing self; Valerie Policastro Edie, representing self; Margaret Adams, representing self; Joan
Mason, representing self; Jeffrey Fortney, representing self; Mary Fortney, representing self; Virginia Dotson,
representing self; Greer Warren, representing self; Dorothy Schumacher, representing self; Lisa Wolfe,
representing self; Lori Cinnamond, representing self; Frank Copple, representing self; Toni Therrien, representing
self; Kathleen Dubbs, representing self; Nancy Santori, representing self; Sue Thorne, representing self; Bradly
Duell, representing self; Katherine Warren, representing self; Mary-Jeanne Fincher, representing self; Faryl Palles,
representing self; Roxanna Kearns, representing self; Stephen Coyle, representing self; Jo Ann Caruthers,
representing self; Kellf Lang, representing self; John Babicz, representing self; Norman Fuchs, representing self;
Linda Alley-Sarnack, representing self; Steve Gorman-Hackstadt, representing self; Mary Nelson, representing self;
Teresa Neiberg, representing self; Jill Hamilton, representing self; Howard Neiberg, representing self; Irwin Sheer,
representing self; Linda Ekstrum, representing self; Caroline Anderson, representing self; Margaret Nichols,
representing self; Eileen Hollowell, representing self; Gary Rulapaugh, representing self; Linda Petersen-Vargas,
representing self; Nancy Branham, representing self; Jo Brookshier, representing self; Abby Brill, representing self;
Margaret Owen, representing self; Sharon Haynes, representing self; Janet Tatman, representing self; Jacolyn
Marshall, representing self; William Yohey, representing self; Leslie Hunten, representing self; Helen Herziger,
representing self; Mary Gaudio, representing self; Roy Verdery, representing self; Carol Garnett, representing self;
Linda Guarino, representing self; Diana Alexander, representing self; Rita Day, representing self; James Molter,
representing self; Danielle Pollett, representing self; Kate Van Roekel, representing self; Patricia Edelen,
representing self; Margaret Lacey, representing self; James Stein, representing self; CA Sledge, representing self;
Margaret Hendrickson, representing self; Jean Meconi, representing self; Erin McCamish, representing self; Dave
Tanguay, representing self; Kathleen Bower, representing self; Ralph Marra, representing self; Teresa Kelleher,
representing self; Sandra Adler, representing self; Claudia Oreck-Teplitsky, representing self; Marie Williams,
representing self; Frederique Delhaye, representing self; Steve Marks, representing self; Susan Braverman,
representing self; kathleen martin, representing self; Jisoo Kim, representing self; Joyce Bergen, representing self;
Erin Turley, representing self; Melanie Kishi, representing self; Arthur Kilduff, representing self; Sally Dooley,
representing self; Beverly Cameron, representing self; Jane Atkins, representing self; Janice Covert, representing
self; Joseph Alexander, representing self; Darlene Sumners, representing self; Linda Meigs, representing self; J
Nicholas Prestera, representing self; Rita Stahl, representing self; tracy dailey, representing self; Jeff Teplitsky,
representing self; Miriam Black, representing self; Andrea Bernkrant, representing self; Mark Schneider,
representing self; REBECCA CELAYA, representing self; Barbara Schneider, representing self; Phillip Riffle,
representing self; Larry Johnson, representing self; Janet Stalcup, representing self; Tom Stalcup, representing self;
Patrice Pritzl, representing self

All Comments:

Paul Avelar, INSTITUTE FOR JUSTICE AZ CHAPTER: Boards under the control of industry threaten economic liberty
and antitrust violations.; Melissa Cornelius, AZ STATE BOARD OF TECHNICAL REGISTRATION: Please allow the
Board's Deputy Director, Patrice Pritzl, the opportunity to speak and answer questions in my absence.; Gini McGirr,
Self: t oppose this bill.; kathleen mayer, Self: ridiculous; Rivko Knox, Self: We need balanced state boards that
include professionals (who understand the details) along with public members.; Judy Schwiebert, Self: This bill is
dangerous to Arizona consumers and disrespectful to professionals across many industries. | respect the standards
established by these professions to regulate their industries.; Bonnie Barker, Self: | use these types of professions
in my life and | want people with a clue about their industry on their state boards. Otherwise we could give out
licenses at Walmart without any state registrations. There must be some oversight for public safety.; Susan Bickel,
Self: Stripping the professionals from the boards they regulate will not protect consumers.; JoAnne Chaffeur, Self:
So why are we dumbing down the process for professionals? | see lawsuits right and left.; Hope Busto-Keyes, Seif: |
oppose $B1274 Professions that require training, also need regulation. Professionals across the spectrum agree
that regulation is needed. Deregulation of boards will harm their ability to protect consumers. Consumers need
protection.; Mary Grier, Self: These boards serve a Jegitimate consumer protection function. If there are some
regulations that overreach, deal with them specifically.; Elizabeth Goff, Self: These boards protect consumers.
Doing away with these boards ability to regulate their industries puts consumers at risk.; Barbara Oliver, Self: This
bill would harm consumers. These boards need regulation!; Tom McConnell, Self: Let's keep professional oversight
in place.; Susan Morris, Self: I'll say it again. Just because Sen. Ugenti-Rita's fine with no standards for professional
care from cosmetologists, massage therapists, etc. doesn't mean that MOST AZ citizens care that little about
hygiene, sterility, etc. RIDICULOUS!; Lawrence Peters, Seif: Poorly crafted bills have severe consequences. Last
year's universal licensing recognition bill has allowed a human trafficking and prostitution epidemic within AZ’s
massage therapy industry. Professionals call for sane regulations.; Marlene Verdery, Self: When professionals
agree that regulation of their profession is necessary WHY would legislators disagree? Personal stake????; Linda
Edwards, Self: Prefer more consumer protection than less; Susan Anderson, Self: Strong Oppose. No reason for us
to self demote to the lowest common denominator for professional recognition by boards.; Thomas Sonandres,
Self: It establishes outsider majorities with less knowledge/experience replacing professionals on state technical
registration boards, 2) decreases board ability to protect consumers, 3) professionals agree current regs are
needed, 4) this is not needed.; Valerie Policastro Edie, Self: Consumers need protection and standards- who are
you working for?; Virginia Dotson, Self: We must keep professionals on state regulatory boards. They know what
the risks are.; Greer Warren, Self: It is good public policy to KEEP subject area professionals on technical boards.;
Dorothy Schumacher, Self: Haven't we had enough problems when professionals have been eliminated from state
boards of technical registration. Shouldn't the AZ Legislature be protecting citizens (a look at past debacles should
be enough evidence to vote this down).; Lisa Wolfe, Self: Regulation is necessary for public safety. You will wish
you only had Red tape to worry about if regulation ts cut.; Lori Cinnamond, Self: this is irresponsible and can
potential harm people. awful, awful, awful and dangerous.; Toni Therrien, Self: it is a public safety concern to have
non-credentialed persons on a professional board and making technical decisions without understanding the
profession.; Sue Thorne, Self: We need professionals on our state boards to regulate and ensure safety. AZ has
had a major scandal over human trafficking in past few years. Let's not make it easier for unscrupulous rakes and
greedmonsters!!; Mary-Jeanne Fincher, Self: Professional expertise and experience should be valued on these
boards, not eliminated!; Roxanna Kearns, Self: Preserve consumer protections and oppose this bill.; Jo Ann
Caruthers, Self: What happened to consumer protection. Let’s keep these regulations, please.; Jill Hamilton, Self: |
want my cosemtologist , massage therapist and especially funeral director to have professtonals represented on
their state board.; Irwin Sheer, Self: Regulation is in place to protect people. "Cutting red tape" will undoubtably
lead to abuse.; Caroline Anderson, Self: Having people on a professional board without professional credentials
themselves is ludicrous.; Margaret Nichols, Self: last year's universal licensing recognition bill has allowed Arizona
to “unwittingly” inherit a human trafficking and prostitution epidemic within our massage therapy industry. All
professions recognize that competent regulation is necessary.; Eileen Hollowell, Self: Sacrificing consumer's safety
in the name of "deregulation" is dangerous; Janet Tatman, Self: Responsible professionals, i.e., those w/ integrity,
are the best experts on proper conduct in their profession. They can be broadly assisted, even challenged, but
certainly not replaced, by qualified laypersons.; Jacolyn Marshall, Self: Regulations are needed to protect
consumers, like you.; William Yohey, Seif: Another terrible bill. The facility of calling this bill to "alleviate red tape"
is wrong an every level. Professionals deem this bill to negate the proper control of protection for the public's
welfare. | agree.; Mary Gaudio, Self: Regulations are needed. Remember Theranos?; Roy Verdery, Self: As a
physician | know that technical regulation and professional involvement is essential to protecting all Arizonans.;
Carol Garnett, Self: Professionals should be on state boards. Why would others want to be or be on these boards.
We want them to protect consumers.; Linda Guarino, Self: | would not patronize an unlicensed professional;
Patricia Edelen, Self: A lack of regulation leads to lack of consumer protection and proliferation of abuse.; James
Stein, Self: Regulation is needed.; Margaret Hendrickson, Self: Consumers must be protected by professionals; Jean
Meconi, Self: Remember the friend whose hair was chemically fried off by an unlicensed hairdresser. Lucky she
didn't suffer scalp burns in the process which would have impeded any hair regrowth.; Steve Marks, Self:
regulatory boards are NEEDED for public SAFETY; Jisoo Kim, Self: “Cutting red tape” has exposed Arizona to a
variety of debacles, including the Theranos, Hacienda, and self-driving Uber scandals. And now, last year's
universal licensing recognition bill “unwittingly” gave us a human trafficking epidemic.; Erin Turley, Self:
Professionals on regulatory boards keep the public safe. And reduce fraud and abuse which ultimately lead to
higher costs of prosecution and litigation.; Sally Dooley, Self: Keep the regulations for the safety of the residents of
AZ; Beverly Cameron, Self: This bill would strip professionals from State regulation boards. To remove people who
know what their talking about from regulatory boards is very short sighted and dangerous.; Joseph Alexander, Self:
This bill would perpetuate the problems Arizona already has with unregulated professionals. It is a very dangerous
idea that will weaken protections for Arizonans.; Linda Meigs, Self: Vote NO; professionals are much needed on
these state boards!; Andrea Bernkrant, Self: Regulations serve the purpose of protecting the public. They were
enacted in the first place for good reasons.; Mark Schneider, Self: Strongly opposed to removing professionals from
the boards that regulate their specialties; Patrice Pritzl, Self: The Board of Technical Registration welcomes
additional public members. However, the Board cannot support the bill in its current form due to the lack of
subject matter members needed to adjudicate complaints for engineers and architects . P. Pritzl

$B1142, nonhealth professions: occupations: regulations.

Testified in support:
Boaz Witbeck, AMERICANS FOR PROSPERITY AZ; Paul Avelar, INSTITUTE FOR JUSTICE AZ CHAPTER

Support:
David Kahn, REPUBLICAN LIBERTY CAUCUS OF ARIZONA

Neutral:
Tom Farley, American Council Of Engineering Companies Of Arizona, Arizona Association Of Realtors, Arizona
Mortgage Lenders Association

All Comments:

Boaz Witbeck, AMERICANS FOR PROSPERITY AZ: Americans for Prosperity Arizona supports this bill in the
legislature's discussion of alternatives to occupational licensing for non-health professions.; Paul Avelar, INSTITUTE
FOR JUSTICE AZ CHAPTER: This bill implements bipartisan best recommended practices for sunrise and sunset
review.

$B1127, athletic trainers; dry needling

Testified in support:
Laurie White, representing self; Barton Anderson, representing self

Support:
Susan Falsone, representing self; Chasen Webb, representing self; Lindsey Loughran, representing self; Josh
Beaumont, representing self; Kellie Huxel Bliven, representing self; Alicia Pike, representing self; Alison Snyder,
Athletic Training Educator, representing self; Susan Cannata, Arizona Athletic Trainers Association; David Mesman,
representing self; Genaro Garcia, representing self; Ryan DiPanfilo, representing self

Neutral:
Catherine Niemiec, President PIHMA Acupuncture College, representing self; Jonathan Lindsey, Phoenix Institute
Of Herbal Medicine & Acupuncture (College); Karen Whiteford, AZ STATE BOARD OF ATHLETIC TRAINING

All Comments:

Laurie White, Self: Representing AZ Athletic Trainers' Association; Barton Anderson, Self: Dr. Barton Anderson -
Associate Professor of Athletic Training, AT Still University, Mesa; Education and Training for Dry Needling; Susan
Falsone, Self: Assistant Professor, Athletic Trainer, Physical Therapist; Chasen Webb, Self: Certified to Dry Needle
but not allowed.; Josh Beaumont, Self: | am currently trained in dry needling but am unable to use on patients,
This limits my ability to practice to the full extent of my training.; Alicia Pike, Self: Athletic Trainer; Alison Snyder,
Self: Athletic Training, Professor of Athletic Training Post-Professional Program; David Mesman, Self: Athletic
Training Professor in an Athletic Training Educational program.; Genaro Garcia, Self: Genaro Gerry Garcia - Director
of Football Athletic Training; Catherine Niemiec, President PIHMA Acupuncture College, Self: We would support
an amendment to add training standards for public safety, Many states (see IL, UT, KS, DE) have raised the dry
needling standards from 15-40 hours to 300 hours to be commensurate with other healthcare providers using this
technique.; Jonathan Lindsey, Phoenix Institute Of Herbal Medicine & Acupuncture (College): Support if amended
te include defined standards of training or competence in line with national trends for training for Dry Needling
Acupuncture; Karen Whiteford, AZ STATE BOARD OF ATHLETIC TRAINING: | am available to answer questions
regarding Board implementation, if necessary.

$B1074, occupational therapists: fingerprint clearance cards

Support:
Karen Whiteford, AZ STATE BOARD OF OCCUPATIONAL THERAPY; Lauren King, THE ARIZONA OCCUPATIONAL
THERAPY ASSOCIATION

PLEASE COMPLETE THIS FORM FOR THE PUBLIC RECORD
os HOUSE OF REPRESENTATIVES

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Comments:

#%*FTVE-MINUTE SPEAKING LIMIT#**

ARIZONA STATE LEGISLATURE
Fifty-fourth Legislature - Second Regular Session

COMMITTEE ATTENDANCE RECORD

COMMITTEE ON REGULATORY AFFAIRS

CHAIRMAN: Travis W. Grantham VICE-CHAIRMAN: Bret Roberts

DATE 7] a 120 /20 /20 /20 /20

CONVENED Fag, NG m m m ry

-RECESSED |
RECONVENED |

ADJOURNED 06pm

MEMBERS

Blackman

Powers Hannley

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Shah

Teran

Toma

Roberts, Vice-Chairman

Grantham, Chairman

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J Present . Absent exc Excused

Attachment_ 2

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fourth Legislature

Second Regular Session

Senate: COM DPA 5-2-1-0 | 3¢ Read 17-43-0-0
TS TE NT SST TUTE MEETS TE oT Net OTR NaCI a MERNORN No ONT TNT TTT

SB 1274: professional regulatory boards; composition
Sponsor: Senator Ugenti-Rita, LD 23
Committee on Regulatory Affairs

Overview

Restructures the statutory membership of the Arizona Board of Technical Registration (BTR), the
Board of Barbers (BB), the Board of Cosmetology (BC), the State Board of Funeral Directors and
Embalmers (BFDE) and the Board of Massage Therapy (BMT).

History
The BTR regulates architects, engineers, geologists, home inspectors, landscape architects and

surveyors (A.R.S Title 32, Chapter 1).

The BB licenses barbers, barber instructors, barber schools, barber shops and salons (A.R.S. §
Title 32, Chapter 3).

The BC establishes standards for the practice of cosmetology, aesthetics, nail technology,
hairstyling and salons and schools that engage in or teach practices (A.R.S. Title 32, Chapter 5).

BFDE licenses and registers funeral directors, embalmers, interns, embalmer's assistants,
cremationists, funeral establishments and crematories (A.R.S. Title 32, Chapter 12).

The BMT evaluates applicant qualifications for massage therapist licenses and issues licenses to
qualified applicants (A.R.S. Title 32, Chapter 42).

Provisions
Board of Technical Registration (Sec. 1)
1. Modifies the membership of the BTR to include the following:
a) One architect rather than two;
b) One professional engineer rather than three professional engineers; and
c) Six public members rather than one. , .

2. Requires at least one public member to have legal, construction or design product
background.

Board of Barbers (Sec. 2)
3. States that two members of the BB must include a maximum of one member of each of the
following qualifications:
a) An active barber who has been practicing for at least five years;
b) A holder of a barber school license who is a barber; or
c) A holder of a barber shop or salon license who is a barber.

4. Increases the number of public members in the BB to three rather than two.

Removes the following members from the BB:
a) One active barber who has been practicing for at least five years;
b} A holder of a barber school license who is a barber; or

0 Prop 105 (45 votes) 1) Prop 108 (40 votes) © Emergency (40 votes) 1 Fiscal Note

SB 1274
Initials JR Pagel Attachment_4_ Regulatory Affairs

11.
12.

13.

14.

15.

c) Aholder of a barber shop or salon license who is a barber.

Board of Cosmetology (Sec. 3)
States that three members of the BC must include a maximum of one member from each of
the following occupations who has been actively practicing for at least three years immediately
preceding the appointment:
a) cosmetologists;
b) nail technicians;
c) instructors; or
d) school owners.

Increases the number of public members in the BC to four rather than two.

Removes the following members from the BC:

a) Two cosmetologists who have been practicing in this state for at least three years
preceding appointment,

b) One nail technician who has been practicing in this state for at least three years preceding
appointment;

c) One instructor who has been practicing in this state for at least three years preceding
appointment; and

d) A-school owner.

Board of Funeral Directors and Embalmers (Sec. 4)
Decreases the number of the BFDE to three rather than four.

. Increases the number of public members in the BFDE to four rather than three.

Board of Massage Therapy (Sec. 5)
Decreases the number of massage therapists from the BMT to two rather than three.

Increases the number of public members in the BMT to three rather than two.
a) Requires at least one public member to be actively involved in programs or services that
help to reduce or prevent human trafficking.

Miscellaneous
Retains the members of the BTR, BB, BC, BFDE and the BMT on the effective date of this
act, until the expiration of their normal terms. (Sec. 6)

Requires the Governor to make ail subsequent appointments of the BTR, BB, BC, BFDE and
the BMT. (sec. 6)

Makes technical and conforming changes. (Sec. 1, 2, 3, 5)

SB 1274

Initials JR Page 2 Regulatory Affairs

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Fifty-fourth Legislature Regulatory Affairs
Second Regular Session S.B. 1274

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1274

(Reference to Senate engrossed bill)

Page 1, between lines 1 and 2, insert:

"Section 1. Section 15-1851, Arizona Revised Statutes, is amended to

read:

15-1851. Commission for postsecondary education: purpose;

report; members: terms; powers and _duties:

compensation; quorum: immunity: definition

A. The commission for postsecondary education is established and
shall administer the applicable programs identified under section 1203 of
the higher education act amendments of 1998 (P.L. 105-244), including the
leveraging educational assistance partnership program, the federal family
education loan program and the Paul Douglas teacher scholarships program,
and shall supervise the state guarantee agency under the higher education
act amendments of 1998.

B. In addition to the responsibilities prescribed in subsection A of
this section, the commission shall:

1. Provide a forum to public and private postsecondary education
institutions for discussion of issues of mutual interest, including the
following:

(a) The postsecondary needs of unserved and underserved individuals
in this state.

(b) The resources of public and private institutions, organizations
and agencies that are located in this state and that are capable of

providing postsecondary education opportunities.

—#ofVerbals.

Withdrawn

Attachment 5’

_————_

Analysts Initials J_{C
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House Amendments to S.B. 1274

(d) Cooperative comprehensive instructional and capital planning.

2. Provide reports pursuant to this subsection on discussions of
issues of mutual interest.

3. Coordinate and promote collaborative studies on issues of mutual
interest to public and private postsecondary education institutions.

4, Compile and disseminate information to the public regarding
postsecondary education opportunities in this state.

5. Prepare an annual report that summarizes the results of the
commission's activities prescribed in this section and section 15-1852.
The annual report shall be submitted to the speaker of the house of
representatives, the president of the senate, the governor and the Artzona
state—ttbrary,_attirives—ami—pobtte_recordus—_by SECRETARY OF STATE ON OR
BEFORE December 28.

6. Administer the Arizona teacher student loan program established
by chapter 13, article 11 of this title.

C. The commission consists of the executive director of the Arizona
board of regents, the executive director of the state board for private
postsecondary education and the following additional members who are
appointed by the governor pursuant to section 38-211:

1, Two members who hold senior executive or managerial positions in
a university under the jurisdiction of the Arizona board of regents.

2. Two members who hold senior executive or managerial positions in
a community college district, one representing a community college district
in a county with a population of five hundred thousand persons or more and
one representing a community college district in a county with a population
of less than five hundred thousand persons.

3. Two members who hold senior executive or managerial positions in
private postsecondary institutions of higher education that are licensed

under title 32, chapter 30, that are located in this state, that offer
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House Amendments to S.B. 1274

bachelor's or higher degrees and that are accredited by a_ regional
accreditation agency approved by the United States department of education.

4, Two members who hold senior executive or managerial positions in
private postsecondary institutions of higher education that are licensed
under title 32, chapter 30, that are located in this state, that offer
vocational education programs and that are accredited by a national
accreditation agency approved by the United States department of education.

5. One member who holds a senior executive or managerial position in
a private cosmetology school that is licensed under title 32, chapter 5,
that is located in this state, that offers cosmetology programs approved by
the poard—of BARBERING AND cosmetology BOARD and that is accredited by a
national accreditation agency approved by the United States department of
education.

6. One -member who holds a senior executive or managerial position in
an institution that is licensed under title 32, chapter 23 or under 14 Code
of Federal Regulations part 147, that offers vocational education programs
at the postsecondary level, that is located in this state and that is not
an institution that is qualified under any other category.

7, One member who has held a senior executive or managerial level
position in commerce or industry in this state for at least three years
before the member's appointment and who is not qualified to serve under any
other category.

8. Two members who hold senior executive or managerial positions in
the high school education system in this state.

9. One member who is an owner, operator or administrator of a
charter school in this state.

D. Members of the commission appointed pursuant to subsection C,
paragraphs 1 through 9 of this section shall serve four-year terms.
Appointed members of the commission shall be residents of this state.
Appotnted members of the commission at all times during their terms shall
continue to be eligible for appointment under the category that they were

appointed to represent. Terms of appointed members of the commission begin

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House Amendments to §.B. 1274

1 on the third Monday in January. No appointed member of the commission may
2 serve more than two consecutive terms.

3 E. The executive director of the Arizona board of regents and the
4 executive director of the state board for private postsecondary education
5 serve as members of the commission during their respective terms of office
6 and are not eligible to vote with respect to the commission's review of any
7 postsecondary institution.

8 F. Members appointed pursuant to subsection C, paragraphs 1 through
3 9 of this section are eligible to receive compensation pursuant to section
10 38-611 for each day spent in the performance of commission duties and may
li. be reimbursed for expenses properly incurred in connection with the
12 attendance at meetings or hearings of the commission.
13 G. The governor shal) appoint a chairman from among the members of
14 the commission who shall serve a one-year term that begins on the third
15 Monday in January.
16 H. A majority of the members of the commission constitute a quorum
17 for the transaction of commission business. The vote of a majority of the
18 quorum constitutes authority for the commission to act.

19 I. Members of the commission are immune from personal liability with
20 respect to all actions that are taken in good faith and within the scope of
21 the commission's authority.
22 J. For the purposes of this section, "community college district”
23 means a community college district that is established pursuant to sections
24 15-1402 and 15-1403 or section 15-1402.01 and that is a political
25 subdivision of this state.
26 Sec. 2. Heading change

27 The article heading of titie 32, chapter 3, article 1, Arizona
28 Revised Statutes, is changed from "BOARD OF BARBERS" to “BARBERING"."

29 Renumber to conform
30 Strike lines 25 through 43

House Amendments to S.B. 1274

1 Strike page 2, insert:

2 "Sec, 4. Section 32-301, Arizona Revised Statutes, is amended to
3 read:

4 32-301. Definitions

5 In this chapter, unless the context otherwise requires:

6 1. "Barber" means a person who is licensed to practice barbering
7 pursuant—to-tits-ctrapter BY THE BOARD.

8 2. "Barbering" means any one or a combination of the following
9 practices if they are performed on a person's head, face, neck or shoulders
10 for cosmetic purposes:

11 (a) Cutting, clipping or trimming hair.

12 (b) Massaging, cleansing, stimulating, manipulating, exercising,
13 beautifying or applying oils, creams, antiseptics, clays, lotions or other
14 preparations, either by hand or by mechanical or electrical appliances.

15 (c) Styling, arranging, dressing, curling, waving, permanent waving,
.6 straightening, cleansing, singeing, bleaching, dyeing, tinting, coloring or
17 similarly treating hair.

18 (d) Providing hair attachments, extensions, hairpieces and wigs when
19 performed by a barber.

20 (e) Shaving or trimming a beard.

21 (f) Providing skin care.

22 3. "Board" means the BARBERING AND COSMETOLOGY board of-barbers.

23 4. “Instructor” means a person who is licensed to teach barbering
24 pursuant to this chapter.

25 5. "Mentor" means a barber who is approved by the board to train a
26 person in a department of economic security-approved apprenticeship program
27 in barbering in an establishment that is licensed by the board.

28 6. "School" means an establishment that is operated for the purpose
29 of teaching barbering OR COSMETOLOGY.

30 7. "Shop" or "salon" means an establishment that is operated for the
31 purpose of engaging in the practice of barbering.

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House Amendments to S.B. 1274

Sec. 5. Delayed repeal
Sections 32-302 and 32-303, Arizona Revised Statutes, are repealed

from and after December 31, 2020.
Sec. 6. 32-304, Arizona Revised Statutes, is amended to read:
32-304. Powers and duties
A. The board shall:
1. Make and adopt rules that are necessary or proper for-—ttre
adnrimrstrattonof TO ADMINISTER this chapter, including sanitary and safety

requirements for schools and shops or salons, sanitary and safety standards

for the practice of barbering and mobile unit requirements.

2. Administer and enforce this chapter and rules adopted pursuant to
this chapter.

3. Maintain a record of its acts and proceedings, including
issuance, refusal, renewal, suspension and revocation of licenses, and a
record of the name, address and license date of each licensee.

4, Keep the records of the board open to public inspection at all
reasonable times.

5. Furnish a copy of its rules to a barber or to the owner or
manager of each shop or salon on request.

6. Have a seal, the imprint of which shall be used to evidence its
official acts.

7, Prescribe minimum school curriculum requirements.

8. Approve a barber as a mentor based on the barber's record of
compliance with this chapter. The board may not condition the approval on
the barber's payment of. an additional fee or completion of an additional
requirement.

B. The board mayz—

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House Amendments to S.B. 1274

2, ~inspect the premises of any school, shop or salon during business

hours.

Sec. 7. Delayed repeal: transfer of monies

A. Section 32-305, Arizona Revised Statutes, is repealed from and
after December 31, 2020.

B. All unexpended and unencumbered monies remaining in the board of
barbers fund established by section 32-305, Arizona Revised Statutes, as
repealed by subsection A of this section, are transferred to the barbering
and cosmetology fund established by section 32-505, Arizona Revised
Statutes, as amended by this act, on January 1, 2021.

Sec. 8. Section 32-321, Arizona Revised Statutes, is amended to

read:
32-321. Nonapplicability of chapter

This chapter does not apply to the following persons while in the
proper discharge of their professional duties:

1. Medical practitioners licensed pursuant to this title who treat
physical or mental ailments or disease.

2. Persons who perform services without compensation in case of
emergency or in domestic administration.

3. Commissioned physicians and surgeons serving in the armed forces
of the United States or other federal agencies.

4, Students attending schools licensed pursuant to this chapter OR
CHAPTER 5 OF THIS TITLE while they are on school premises during school
hours.

5. Persons licensed pursuant to chapter 5 or 12 of this title.

6. Shampoo assistants who shampoo hair under the direction of a
barber licensed pursuant to this chapter.

7. Persons who are in the custody of the state department of
corrections and who perform services for persons in the custody of the
state department of corrections.

8. Persons who are participating in a department of economic

security-approved apprenticeship program in barbering as described in

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House Amendments to S.B. 1274

section 32-322 while working with a mentor in an establishment that is
licensed by the board.

9, PERSONS WHO ARE LICENSED IN ANOTHER STATE, WHO ARE IN THIS STATE
FOR NOT MORE THAN TWO WEEKS AND WHO PROVIDE SERVICES FOR PERSONS WHO ARE
ATTENDING AN ATHLETIC, CHARITABLE, ARTISTIC OR SOCIAL EVENT IN THIS STATE.

Sec. 9. Section 32-322, Arizona Revised Statutes, is amended to

read:

32-322. Barber license; application: qualifications

A, An applicant for a barber license shall file the following with
the board:

1. A written application on a form prescribed by the board.

2. Evidence satisfactory to the board that the applicant possesses
the necessary qualifications.

3. One signed photograph.

B. Each applicant shall:

1. Be at least sixteen years of age.

2. Complete and receive appropriate credits for at least two years
of high school education or its equivalent as prescribed by the board in
its rules and submit satisfactory evidence that the person is at least
sixteen years of age.

3. Pass an examination given under the direction of the board.

4, Pay the prescribed fees.

5. Either:

(a) Be a graduate of a school that is licensed pursuant to this
chapter or a graduate of a.school or program in another state that at the
time of the applicant's graduation met the barber licensing requirements of
that state,

(b) Complete a United States department of labor-approved or a
department of economic security-approved apprenticeship program in
barbering that includes at least two hundred fifty hours of instruction as
described in section 32-325, subsection B, paragraph 1. The instruction

prescribed by this subdivision shall be completed through either:

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House Amendments to S.B. 1274

(i) A school that is licensed pursuant to this chapter or a schoo}
or program in another state that has, in the board's opinion, licensure
requirements that are substantially equivalent to the requirements of this
state.

(ii) A department of economic security-approved apprenticeship
program.

C. An applicant who holds a valid license to practice barbering
issued by another state is exempt from subsection B, paragraph 3 of this
section if the applicant submits both of the following to the board:

1. Proof that the applicant has one year of experience as a barber.

2. A document signed by the applicant stating that the applicant has
read and understands the laws prescribed by this chapter.

D. An applicant who holds a valid license or authorizing document to
practice barbering issued by another country and whose presence in the
United States is authorized under federal law is exempt from subsection B,
paragraph 5 of this section if al} of the following apply:

1. The board determines that the applicant is proficient in
barbering.

2. The applicant completes at least three hundred fifty hours of
education at a school or program that is licensed pursuant to this chapter.

3. The applicant signs a document stating that the applicant has
read and understands the requirements of this chapter.

E. Notwithstanding subsection B, paragraph 5 ‘of this section, an
applicant for a barber license who holds a cosmetologist license or a
hairstylist license issued pursuant to chapter 5 of this title shall
complete a three—thumdred—ftrfty-trour TWO HUNDRED-HOUR course of—stuty
consisting of barbering techniques in a barbering school licensed pursuant
to-tits-cirapter BY THE BOARD.

Sec. 10. Delayed repeal
Section 32-324, Arizona Revised Statutes, is repealed from and after

December 31, 2020.

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House Amendments to S.B. 1274

Sec, 11. Title 32, chapter 3, article 2, Arizona Revised Statutes,
is amended by adding a new section 32-324, to read:

32-324, Examinations

A. THE BOARD OR A NATIONAL PROFESSIONAL ORGANIZATION FOR BARBERING
SELECTED BY THE BOARD SHALL ADMINISTER WRITTEN AND PRACTICAL EXAMINATIONS
FOR A BARBER OR INSTRUCTOR LICENSE. THE EXAMINATIONS SHALL TEST FOR
REQUISITE KNOWLEDGE AND SKILLS IN THE TECHNICAL APPLICATION OF BARBERING
SERVICES. AN APPLICANT MAY TAKE AN EXAMINATION BEFORE THE APPLICANT HAS
COMPLETED THE REQUIRED HOURS OF COURSE INSTRUCTION PRESCRIBED BY THIS
ARTICLE, BUT THE APPLICANT MUST COMPLETE THE REQUIRED HOURS OF COURSE
INSTRUCTION BEFORE LICENSURE.

B. THE BOARD OR A NATIONAL PROFESSIONAL ORGANIZATION FOR BARBERING
SELECTED BY THE BOARD SHALL INFORM EACH APPLICANT OF THE EXAMINATION
RESULTS.

€. THE BOARD SHALL MAKE AN ACCURATE RECORD OF EACH EXAMINATION.

Sec. 12. Section 32-325, Arizona Revised Statutes, is amended to
read:

32-325. School license: application: qualifications

A. An applicant for a license to operate a school shall file a
written application on a form prescribed by the board. The application
shall be under oath and accompanied by the prescribed fee.

B. A course of instruction in a licensed school whith THAT teaches
barbering shall consist of at least one thousand five TWO hundred hours of
instruction of not more than eight hours in any one working day. The
course of instruction shall include:

1. At least two hundred fifty hours devoted to the study of the
fundamentals of barbering, hygiene, bacteriology, histology of the hair,
skin, muscles and nerves, structure of the head, face and neck, elementary
chemistry relating to sterilization and antiseptics and diseases of the
skin, hair and glands.

2. At least ome-thousamd-two NINE hundred fifty hours devoted to the

practice and study of massaging and manipulating muscles of the scalp, face

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House Amendments to S.B. 1274

and neck, hair cutting, shaving and chemical work relating to permanent
waves and hair straightening, coloring and bleaching.

C. A licensed school shall:

1. Be operated under the general supervision of a licensed
instructor.

2. Have and maintain sufficient equipment to properly train all its
students in the use, function and operation of equipment wirtetr THAT is at
the time in use in barbering.

3. Provide:

(a) Separate lecture rooms or classrooms.

(b) Locker spaces for students.

4, Require that a student pass examinations in ati phases of
barbering before tre-graduates GRADUATING.

5. Pass an inspection by the board before a school license is
issued.

6. Furnish to the board and maintain in force a bond in the sum of
twenty~five-thousand-dottars $25,000 approved by the board and executed by
a corporate bonding company authorized to do business in this state. The
bond shall be for the benefit of and subject to the claims of tte THIS
state for failure to comply with the requirements of this chapter and
conditioned that the school licensed pursuant to this chapter shall afford
to its students the full course of instruction required pursuant to this
chapter, in default of which the full amount of the tuition paid by the
student shall be refunded.

D. The student to instructor ratio in a school shall be not more
than twenty to one.

EF, Instructors shall not apply their time to private practice with
or without compensation in a school or during school hours.

F. Students shail not teach other students.

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10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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31
32

House Amendments to S.8. 1274

G. Students shall be under the constant supervision of an
instructor.

H. A SCHOOL MAY OFFER COURSES ON BOTH COSMETOLOGY AND BARBERING IF
AN INSTRUCTOR LICENSED PURSUANT TO CHAPTER 5 OF THIS TITLE TEACHES THE
COSMETOLOGY COURSES AND AN INSTRUCTOR LICENSED PURSUANT TO THIS CHAPTER
TEACHES THE BARBERING COURSES,

Sec. 13. Section 32-501, Arizona Revised Statutes, is amended to
read:

32-501. Definitions

In this chapter, unless the context otherwise requires:

1, "Aesthetician" means a person who is licensed to practice skin
care pursuant to this chapter.

2. “Aesthetics” means any one or a combination of the following
practices if they are performed for cosmetic purposes:

(a) Massaging, cleansing, stimulating, manipulating, exercising,
beautifying or applying oils, creams, antiseptics, clays, lotions or other
preparations, either by hand or by mechanical or electrical appliances.

(b) Arching eyebrows or tinting eyebrows and eyelashes.

3. “BARBERING' HAS THE SAME MEANING PRESCRIBED IN SECTION 32-301.

37 4. «="“Board" means the toard-of BARBERING AND cosmetotogy BOARD.

47 5, "Cosmetic purposes" means for the purpose of beautifying,
preserving or conferring comeliness, excluding therapeutic massage and
manipulations.

Sv 6. “Cosmetologist" means a person who is licensed to practice
cosmetology pursuant to this chapter.

6> 7. "“Cosmetology" means any one or a combination of the following
practices if they are performed for cosmetic purposes:

(a) Massaging, cleansing, stimulating, manipulating, exercising,
beautifying or applying oils, creams, antiseptics, clays, lotions or other

preparations, either by hand or by mechanical or electrical appliances.

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House Amendments to S.B. 1274

(b) Arching eyebrows or tinting eyebrows and eyelashes.

(d) Nail technology.

(e) Hairstyling.

7 8. “Electrical appliances" means devices that use electrical
current and includes lasers and IPL devices as defined in section 32-516.

87 9. “Hairstyling” means ettirer ANY of the following:

(a) Cutting, clipping or trimming hair.

(b) Styling, arranging, dressing, curling, waving, permanent waving,
straightening, cleansing, singeing, bleaching, dyeing, tinting, coloring or
similarly treating hair.

$ #10. "“Hairstylist" means a person who is licensed to practice
hairstyling pursuant to this chapter.

téy 11. “Instructor” means a person who is licensed to teach
cosmetology, aesthetics, nail technology or hairstyling, or any combination
thereof, pursuant to this chapter.

ti, 12. "Mentor" means a cosmetologist who is approved by the board
to train a person in a department of economic security-approved
apprenticeship program in cosmetology in an establishment that is licensed
by the board.

Te, 13. “Nail technician" means a person who is licensed to
practice nail technology pursuant to this chapter.

t3- «614. «=“"Nail technology" means any of the following:

(a) Cutting, trimming, polishing, coloring, tinting, cleansing or
otherwise treating a person's nails.

(b) Applying artificial nails.

t4, 15. "Salon" means any of the following:

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House Amendments to S.B. 1274

(a) An establishment that is operated for the purpose of engaging in
the practice of cosmetology, aesthetics, nail technology or hairstyling, or
any combination of the listed practices.

(b) An establishment together with a retrofitted motor vehicle for
exclusive use as a mobile facility for the purpose of engaging in the
practice of cosmetology, aesthetics, nail technology or hairstyling, or any
combination of the listed practices, that is operated and dispatched
through the establishment.

(c) A retrofitted motor vehicle THAT IS exclusively used as a mobile
facility for the purpose of engaging in the practice of cosmetology,
aesthetics, nail technology or hairstyling, or any combination of the
listed practices, AND that is operated and dispatched from a business that
has a physical street address ttat—ts on file with the board.

t5- 16. "School" means an establishment that is operated for the
purpose of teaching BARBERING, cosmetology, aesthetics, nail technology or
hairstyling, or any combination of the listed practices.

t6> #17. “Threading™ means a service that results in the removal of
hair from its follicte from around the eyebrows and from other parts of the
face with the use of a single strand of cotton thread and an
over-the-counter astringent, if the service does not use chemicals of any
kind, wax or any implements, instruments or tools to remove hair.

Sec. 14. Section 32-502, Arizona Revised Statutes, is amended to
read:

32-502. Barbering and cosmetology board: members: appointment;

qualifications: terms
A. The BARBERING AND COSMETOLOGY board of-cosmetotogy is established

consisting of the following seven members who are appointed by the

governor:
1. Two-cusmetutogtsts ONE COSMETOLOGIST who trave-been HAS actively
practicing PRACTICED in this state for at least three years immediately

preceding appointment.

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House Amendments to $.B. 1274

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Sy 3. Two FIVE public members, PREFERABLY ONE OF WHOM IS AN
EDUCATOR, who are not and have never been associated with the BARBERING,

cosmetology or nail technology industry, licensed as a BARBER,
cosmetologist or nail technician or involved in the manufacture of
BARBERING, cosmetology or nail technology products.

4. ONE BARBER WHO HAS ACTIVELY PRACTICED BARBERING IN THIS STATE FOR
AT LEAST THREE YEARS.

B. The term of office for members is three years beginning and
ending June 22.

€. The governor may remove board members for neglect of duty,
malfeasance or misfeasance,

Sec. 15. Section 32-503, Arizona Revised Statutes, is amended to

read:

32-503. Officers; meetings: personnel: compensation
A. The board shail annually elect a chairman, vwree-chatmmen VICE

CHAIRMAN and secretary-treasurer from among its membership.

B. The board shall hold at least one regular meeting monthly and may
hold other meetings at times and places it designates.

C. Subject to title 41, chapter 4, article 4, the board may employ
the following personnel as it deems necessary to carry out the purposes of
this chapter AND CHAPTER 3 OF THIS TITLE and designate their duties:

1. An executive director.

2. A supervisor of examinations who is an instructor licensed
pursuant to this chapter OR CHAPTER 3 OF THIS TITLE and WHO has worked at
least two of the five years immediately preceding employment as an

instructor in a school licensed pursuant to this chapter.

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House Amendments to S.B, 1274

3. Examiners who are not employed as instructors in any school
licensed pursuant to this chapter OR CHAPTER 3 OF THIS TITLE.

4. Persons to provide investigative, professional and clerical
assistance,

5. Consultants to assist the board in the performance of its duties.

6, Other personnel.

D. Members of the board are eligible to receive compensation as
determined pursuant to section 38-611 for each day of actual service in the
business of the board. The board shall compensate its executive director
and other personnel as determined pursuant to section 38-611.

Sec. 16. Section 32-505, Arizona Revised Statutes, is amended to
read:

32-505, Barbering and cosmetology fund

A. The tboard—of BARBERING AND cosmetology fund is established.

Except as provided in subsection € of this section, before the end of each
calendar month THE BOARD SHALL DEPOSIT, pursuant to sections 35-146 and
35-147, the—buerd—stratt cheypostt ten percent PERCENT of al] monies from
whatever source whith THAT come into the possession of the board in the
state general fund and deposit the remaining ninety per-cent PERCENT in the
boart-of BARBERING AND cosmetology fund.

B. Except as provided in section 32-573, subsection G, monies
deposited in the toard-of BARBERING AND cosmetology fund are subject to
section 35-143.01.

C. Monies from civil penalties received pursuant to section 32-571
shall be deposited, pursuant to sections 35-146 and 35-147, in the state
general fund.

Sec. 17. Section 32-506, Arizona Revised Statutes, is amended to
read:

32-506. Nonapplicability of chapter

This chapter does not apply to the following persons while in the

proper discharge of their professional? duties:

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House Amendments to S.B. 1274

1. Medical practitioners who are licensed pursuant to this title if
the practices treat physical or mental ailments or disease.

2. Commissioned physicians and surgeons who are serving in the armed
forces of the United States or other federal agencies.

3. Persons who are licensed pursuant to chapter 3 or 12 of this
title.

4. Students who are attending schools licensed pursuant to this
chapter while they are on school premises during school hours OR OFF CAMPUS
AT A SCHOOL-SPONSORED EVENT.

5. Persons employed by theatrical groups who apply makeup, oils and
cosmetics.

6. Persons who sell makeup, oils and cosmetics and who apply such
products during the process of selling such products.

7. Shampoo assistants who shampoo hair under the direction of a
cosmetologist or hairstylist licensed pursuant to this chapter.

8. Services performed by and for persons who are in the custody of
the state department of corrections.

9, Persons who apply makeup, oils and cosmetics to patients in a
hospital, nursing home or residential care institution with the consent of
the patient and the hospital, nursing home or residential care institution.

10. Persons who provide a service that results in tension on hair
strands or roots by twisting, wrapping, weaving, extending, locking or
braiding if the service does not include the application of dyes, reactive
chemicals or other preparations to alter the color of the hair or to
straighten, curl or alter the structure of the hair.

11. Persons who provide threading.

12. Persons who provide tanning services by means of airbrushing,
tanning beds or spray tanning.

13. Persons who apply makeup, including eyelash enhancements. This
paragraph does not apply if a person is engaging in the practice of
aesthetics or cosmetology. A person who is exempt pursuant to this

paragraph shall post a sign in a conspicuous location in the person's place

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of business notifying the public that the person's services are not
regulated by the board.

14. Persons who dry, style, arrange, dress, curl, hot iron or
shampoo and condition hair if the service does not include applying
reactive chemicals to permanently straighten, curl or alter the structure
of the hair and if the person takes and completes a class relating to
sanitation, infection protection and law review that is provided by the
board or its designee. This paragraph does not apply if a person is
engaging in the practice of aesthetics or cosmetology. A person who is
exempt pursuant to this paragraph shall post a sign in a conspicuous
location in the person's place of business notifying the public that the
person's services are not regulated by the board.

15. Persons who are participating in a department of economic
security-approved apprenticeship program in cosmetology as described in
section 32-511 while working with a mentor in an establishment that is
licensed by the board.

16. PERSONS WHO ARE LICENSED IN ANOTHER STATE AND WHO ARE WORKING IN
THIS STATE AT A CHARITABLE EVENT THAT BENEFITS A NONPROFIT ORGANIZATION.

17. PERSONS WHO ARE LICENSED IN ANOTHER STATE, WHO ARE IN THIS STATE
FOR NOT MORE THAN TWO WEEKS AND WHO PROVIDE SERVICES FOR PERSONS WHO ARE
ATTENDING AN ATHLETIC, CHARITABLE, ARTISTIC OR SOCIAL EVENT IN THIS STATE.

18. PERSONS WHO ARE ENROLLED IN A SCHOOL THAT IS LICENSED BY THE
BOARD AND WHO SHAMPOO, RINSE AND APPLY CREAM RINSE, CONDITIONERS AND
RECONSTRUCTORS TO HAIR, INCLUDING HAIR THAT HAS BEEN TREATED WITH COLOR OR
BLEACH.

Sec. 18. Section 32-511, Arizona Revised Statutes, is amended to
read:

32-511. Cosmetologists: applications: qualifications

A person is entitled to receive a cosmetologist license if the person

DOES ALL OF THE FOLLOWING:
1. Submits to the board an application for a cosmetologist license

on a form supplied by the board.

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House Amendments to S.B. 1274

2. Does either of the following:

(a) Compietes and receives appropriate credits for at least two
years of high school education or its equivalent as prescribed by the board
in its rules and submits satisfactory evidence that the person is at least
sixteen years of age.

(b) Submits to the board satisfactory evidence that the person is at
least eighteen years of age.

3. Submits to the board satisfactory evidence of any of the
following:

(a) That the person is a graduate of a cosmetology course consisting
of at least stxteen ONE THOUSAND FIVE hundred hours of training in a school
licensed purstant—to-tits—ttapter BY THE BOARD.

(b) That the person is a graduate of a cosmetology school in another
state or country that had at the time of the person's graduation
substantially the same requirements as this state for schools licensed
pursuant to this chapter.

(c) That the person completed a United States department of
labor-approved or a department of economic security-approved apprenticeship
program in cosmetology that includes at least two hundred fifty hours of
infection protection and law review instruction. The person shall complete
the instruction prescribed by this subdivision through either:

(i) A school that ts licensed pursuant to this chapter or a school
or program in another state that has, in the board's opinion, licensure
requirements that are substantially equivalent to the requirements of this
state.

(ii) A department of economic security-approved apprenticeship
program.

4, Passes the examination for a cosmetologist license.

5, Pays the prescribed fees,

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House Amendments to S,B. 1274

Sec. 19. Section 32-512.01, Arizona Revised Statutes, is amended to

read:

32-512,.01. Hairstylists: applications: qualifications

A person is entitled to receive a license to practice hairstyling if
the person does all of the following:

1, Submits to the board an application for a hairstylist license on
a form supplied by the board,

2. Either:

(a) Completes and receives appropriate credits for at least two
years of high school education or its equivalent as prescribed by the board
in its rules and submits satisfactory evidence that the person is at least
sixteen years of age.

(b) Submits to the board satisfactory evidence that the person is at
least eighteen years of age.

3. Submits to the board satisfactory evidence that the person
either:

(a) Graduated from a hairstyling school in another state or country
that had at the time of the person's graduation substantially the same
requirements as this state for schools licensed pursuant to this chapter.

(b) Completed EITHER:

(i) A hairstylist course consisting of at least one thousand hours
of training in a school licensed porswamt—to—thts—ctapter BY THE BOARD.

(ii) IF THE PERSON HOLDS A BARBER LICENSE ISSUED PURSUANT TO CHAPTER
3 OF THIS TITLE, A TWO HUNDRED-HOUR COURSE CONSISTING OF HAIRSTYLING
TECHNIQUES IN A SCHOOL LICENSED BY THE BOARD.

4, Pays the prescribed fees for a hairstylist license.

5. Passes the examination for a hairstylist license.

Sec. 20. Section 32-514, Arizona Revised Statutes, is amended to
read:

32-514, Examinations

A. The board or a national professional organization for cosmetology

selected by the board shal} administer written and practical examinations

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House Amendments to S.B. 1274

for a cosmetologist, aesthetician, nail technician, hairstylist or
instructor license. The examinations shall test for requisite knowledge
and skills in the technical application of cosmetology services. AN
APPLICANT MAY TAKE AN EXAMINATION BEFORE THE APPLICANT HAS COMPLETED THE
REQUIRED HOURS OF COURSE INSTRUCTION PRESCRIBED BY THIS ARTICLE, BUT THE
APPLICANT MUST COMPLETE THE REQUIRED HOURS OF COURSE INSTRUCTION BEFORE
LICENSURE.

B. The board or a national professional organization for cosmetology
selected by the board shall inform each applicant of the examination
results,

C. The board shall make an accurate record of each examination.

Sec. 21. Section 32-556, Arizona Revised Statutes, is amended to
read:

32-556. Schools: programs: sale of products

A school of any type, including a cosmetology school, or~otherwtse;

stratt rot —_be—comdiucted with any —otter—_business;—imerodhrg MAY INCLUDE

PROGRAMS RELATED TO A SUBJECT THAT IS SIMILAR TO COSMETOLOGY BUT MAY NOT
INCLUDE a salon. ‘#A~sctoot-of-any—types—inctuding—a_cosmetotogy—schoct-or
otterwtse;—and—another—_bus iess— statt_be—separated ty watts of perinrarrenre
construction—and not tave ters —oropentrgs between tem, A cosmetology
school may offer for sale cosmetology products and related articles.

Sec. 22, Section 32-573, Arizona Revised Statutes, is amended to

read:

32-573. Procedure for disciplinary action: appeal

A. The board on its own motion may investigate any information that
appears to show the existence of any of the causes set forth in section
32-572. The board shall investigate the report of any person that appears
to show the existence of any of the causes set forth in section 32-572. A
person who reports pursuant to this section and who provides the
information in good faith is not subject to liability for civil damages as

a result.

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B. If, after completing its investigation, the board finds that the
evidence is not of sufficient seriousness to merit direct action against a
license, it may take either of the following actions:

1. Dismiss if, in the opinion of the board, the evidence is without
merit,

2, File a letter of concern if, in the opinion of the board, while
there is insufficient evidence to support direct action against the license
there is sufficient evidence for the board to notify the licensee that
continuation of the activities that led to the information or report being
made to the board may result in action against the licensee's license.

C. If, in the opinion of the board, it appears the information or
report is or may be true, the board shall request an informal interview
with the licensee concerned. The interview shall be requested by the board
in writing, stating the reasons for the interview and setting a date rot
Tess—than AT LEAST ten days from AFTER the date of the notice for
conducting the interview.

D. If, after an informal interview, the board finds that the
evidence warrants suspension or revocation. of a license issued pursuant to
this chapter, imposition of a civil penalty or public reproof or if the
licensee under investigation refuses to attend the informal interview, a
complaint shall be issued and formal proceedings shall be initiated. Aj]
proceedings pursuant to this subsection shall be conducted in accordance
with title 41, chapter 6, article 10.

E. A licensee who has been notified pursuant to subsection D of this
section of charges pending against the licensee shall file with the board
an answer in writing to the charges not more than thirty days after the
licensee receives the complaint. If the licensee fails to answer in
writing within this time, it is deemed an admission by the licensee of the
acts charged in the complaint and the board may take disciplinary action
allowed by this chapter without a hearing.

F. If the board finds that the evidence is not of sufficient

seriousness to merit suspension or revocation of a license issued pursuant

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to this chapter, imposition of a civil penalty or public reproof, tt THE
BOARD may take the following actions:

1. Dismiss if, in the opinion of the board, the evidence is without
merit.

2. File a letter of concern if, in the opinion of the board, while
there is insufficient evidence to support direct action against the license
there jis sufficient evidence for the board to notify the licensee that
continuation of the activities which led to the information or report being
made to the board may resuit in action against the licensee's license,

3. Impose probation requirements.

G. If a licensee violates this chapter or a rule adopted pursuant to
this chapter, the board may assess the licensee with the board's reasonable
costs and expenses, including attorney fees, incurred in conducting the
investigation and administrative hearing. All monies collected pursuant to
this subsection shall be deposited, pursuant to sections 35-146 and 35-147,
in a separate account in the BARBERING AND COSMETOLOGY board-of-cosmetutogy
fund established by section 32-505. The board may only use these monies to
defray its expenses in connection with investigation related training and
education, disciplinary investigations and all costs related to
administrative hearings. Notwithstanding section 35-143.01, the separate
account monies may be spent without legislative appropriation.

H. Except as provided in section 41-1092.08, subsection H, final
decisions of the board are subject to judicial review pursuant to title 12,
chapter 7, article 6.

Sec. 23. Section 32-574, Arizona Revised Statutes, is amended to
read:

32-574, Unlawful acts: violation: classification

A. A person shall not:

1. Perform or attempt to perform cosmetology, aesthetics, nail
technology or hairstyling without a license in that category issued
pursuant to this chapter, or practice in a category in which the person

does not hold a license.

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House Amendments to S.8. 1274

2. Display a sign or in any way advertise or hold oneself out as a
cosmetologist, aesthetician, nai] technician or hairstylist or as being
engaged in the practice or business of cosmetology, aesthetics, nai]
technology or hairstyling without being licensed pursuant to this chapter.

3. Knowingly make a false statement on an application for a license
pursuant to this chapter,

4, Permit ALLOW an employee or another person under the person's
supervision or control to perform cosmetology, aesthetics, nail technology
or hairstyling without a license issued pursuant to this chapter.

5. Practice or attempt to practice cosmetology, aesthetics, nail
technology or hairstyling in any place other than in a salon licensed
pursvart—to—tits—thaprer BY THE BOARD unless the person is requested by a
customer to go to a place other than a salon. licensed pursuant to this
chapter and is sent to the customer from the salon, except that a person
who is licensed pursuant to this chapter may practice, without the salon's

request, cosmetology, aesthetics, nail technology or hairstyling in a

_ health care factlity, hospital, residential care institution, nursing home

or residence of a person requiring home care because of an iliness,
infirmity or disability.

6. Obtain or attempt to‘ obtain a license by the use of money MONIES
other than the prescribed fees or any other thing of value or by fraudulent
misrepresentation.

7. Provide any service to a person having a visible disease,
pediculosis or open sores suggesting a communicable disease until the
person furnishes a statement signed by a physician who is licensed pursuant
to chapter 13 or 17 of this title stating that the disease or condition is
not in an infectious, contagious or communicable stage.

8. Operate a salon or school without being licensed purstwant—to—titrs

cirapter BY THE BOARD.

9. Violate any provision of this chapter or any rule adopted

pursuant to this chapter.

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House Amendments to S.B. 1274

1 10. Ignore or fail to comply with a board subpoena.

2 11. Use the title of “aesthetician”, "cosmetologist", "nail
3 technician" or "“hairstylist" or any other title or term likely to be
4 confused with "aesthetician", “cosmetologist”, "nail technician® or
5 "hairstylist" in any advertisement, statement or publication unless that
6 person is licensed pursuant-tu-ttis-ctepter BY THE BOARD.

7 12. Teach cosmetology, aesthetics, nail technology or hairstyling in
8 this state unless the person jis licensed as an instructor pursuant to
9 article 3 of this chapter.

10 B. An instructor shal] not render cosmetology, aesthetics, nail
11 technology or hairstyling services in a school unless the services are
12 directly incidental to the instruction of students.

13 €. A person who violates this section is guilty of a class 1
14 misdemeanor."

15 Renumber to conform

.6 Page 4, between lines 21 and 22, insert:

17 "Sec. 26. Section 41-1092, Arizona Revised Statutes, is amended to
18 read:

19 41-1092. Definitions

20 In this article, unless the context otherwise requires:

21 1. "Administrative law judge" means an individual or an agency head,
22 board or commission that sits as an administrative law judge, that conducts
23 administrative hearings in a contested case or an appealable agency action
24 and that makes decisions regarding the contested case or appealable agency
25 action.

26 2. “Administrative law judge decision" means the findings of fact,
27 conclusions of Taw and recommendations or decisions issued by = an
28 administrative law judge.

29 3. "Appealable agency action" means an action that determines the
30 Tegal rights, duties or privileges of a party and that is not a contested
31 case. Appealable agency actions do not include interim orders. by
22 self-supporting regulatory boards, rules, orders, standards or statements

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House Amendments to S.B. 1274

of policy of general application issued by an administrative agency to
implement, interpret or make specific the legislation enforced or
administered by it or clarifications of interpretation, nor does it mean or
include rules concerning the internal management of the agency that do not
affect private rights or interests. For the purposes of this paragraph,
administrative hearing does not include a public hearing held for the
purpose of receiving. public comment on a proposed agency action.

4, "Director" means the director of the office of administrative
hearings.

5. "Final administrative decision" means a decision by an agency
that is subject to judicial review pursuant to title 12, chapter 7,
article 6.

6. "Office" means the office of administrative hearings.

7, “Self-supporting regulatory board" means any one of the
following:

(a) The Arizona state board of accountancy.

(b) The BARBERING AND COSMETOLOGY board uf-barbers.

(d) The Arizona state boxing and mixed martial arts commission.

(e) The state board of chiropractic examiners.

Hy tthe-boart-of-cosmetotogyy

toy (f) The state board of dental examiners.

try (g) The state board of funeral directors and embalmers.

t7y «6(h))«6The Arizona game and fish commission.

7 (i) The board of homeopathic and integrated medicine examiners.

tk} (Jj) The Arizona medical board.

tty) =«(kK)) «The naturopathic physicians medical board.

ty (1) The ARIZONA state board of nursing.

<7y (m) The board of examiners of nursing care institution
administrators and adutt-care tome ASSISTED LIVING FACILITY managers.

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House Amendments to S.B. 1274

tot (n) The board of occupational therapy examiners.

tpr (0) The state board of dispensing opticians.

tqy (p) The state board of optometry.

1 (q) The Arizona board of osteopathic examiners in medicine and
surgery.

ts} 6 (r) The Arizona peace officer standards and training board.

tt? (s) The Arizona state board of pharmacy.

try (t) The board of physical therapy.

tv (u) The state board of podiatry examiners.

twy (v) The state board for private postsecondary education.

txy = (Ww) The state board of psychologist examiners.

tyy (x) The board of respiratory care examiners.

tzy (Cy) The state board of technical registration.

taad (z) The Arizona state veterinary medical examining board.

toby (aa) The acupuncture board of examiners.

tccy (bb) The Arizona regulatory board of physician assistants.

tddy (cc) The board of athletic training.

teet (dd) The board of massage therapy.

after

read:

Sec. 27. Delayed repeal

Section 41-3022.23, Arizona Revised Statutes, is repealed from and
December 31, 2020.

Sec. 28. Section 41-3024.05, Arizona Revised Statutes, is amended to

41-3024.05. Barbering and cosmetology board: termination

July i, 2024
A. The BARBERING AND COSMETOLOGY board of-cosmetotogy terminates on

July 1, 2024.

B. Title 32, chapter CHAPTERS 3 AND 5 AND THIS SECTION ts ARE

repealed on January 1, 2025.

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House Amendments to S.B. 1274

Sec. 29, Section 44-6852, Arizona Revised Statutes, is amended to

read:

44-6852. Dishonored checks: service fee

Notwithstanding any other Jaw AND EXCEPT AS PROVIDED IN SECTIONS
32-328 AND 32-507, the holder, payee or assignee of the holder or payee of

a dishonored check, draft, order or note may charge and collect from the
maker or drawer a service fee of not more than twenty-~five-dottars $25 plus
any actual charges assessed by the financial institution of the holder,
payee or assignee of the holder or payee as a result of the dishonored
instrument.

Sec. 30. IJransfer: effect: succession

A. As provided by this act, the barbering and cosmetology board
succeeds to the authority, powers, duties and responsibilities of the board
of barbers from and after December 31, 2020.

B. This act does not alter the effect of any actions that were taken
or impair the valid obligations of the board of barbers in existence before
January 1, 2021.

C. All administrative matters, contracts and judicial and
quasi-judicial actions, whether completed, pending or in process, of the
board of barbers on January 1, 2021 are transferred to and retain the same
status with the barbering and cosmetology board,

D. All certificates, licenses, registrations, permits and other
indicia of qualification and authority that were issued by the board of
barbers retain their validity for the duration of their terms of validity
as provided by law.

E. All equipment, records, furnishings and other property and all
data and investigative findings of the board of barbers are transferred to

the barbering and cosmetology board from and after December 31, 2020."

Renumber to conform
Page 4, line 23, before "Notwithstanding" insert "A."; strike "32-302, 32-502,"

Line 25, strike "the board"

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House Amendments to S.B. 1274

1 Page 4, line 26, strike “of barbers, the board of cosmetology,"

2 After line 30, insert:

3 "B. All persons serving as members of the board of cosmetology on
4 January 1, 2021 may continue to serve on the barbering and cosmetology
5 board established by section 32-502, Arizona Revised Statutes, as amended
6 by this act, until the expiration of their normal terms. The governor
7 shall make all subsequent appointments as prescribed by statute.

8 Sec. 32. Barbering and cosmetology board: licensing and fees

9 study; report; use of monies

10 A. Beginning January 1, 2021, the barbering and cosmetology board
11 established by section 32-502, Arizona Revised Statutes, as amended by this
12 act, shail study licenses and fees that are issued and imposed by the board
13 under title 32, chapters 3 and 5, Arizona Revised Statutes. The barbering
14 and cosmetology board shall:

15 1. Identify what is unique to each profession that the board
6 regulates and determine whether any licenses should be consolidated.

17 2. Study the fee structure for each profession that the board
18 regulates and determine whether changes are needed.

19 3. Determine whether a reduction of instruction hours that are
20 required for current licenses is necessary and how a_ reduction of
21 instruction hours might affect reciprocity with other states.
22 B. The barbering and cosmetology board shal] submit a report of its
23 findings and recommendations to the governor, the president of the senate
24 and the speaker of the house of representatives on or before November 1,
25 2022 and shall provide a copy of this report to the secretary of state.
26 C. Notwithstanding any other law, the board may use up to $750,000
27 from the barbering and cosmetology fund established by section 32-505,
28 Arizona Revised Statutes, as amended by this act, to assist in the study
29 and report required by this section.

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House Amendments to S.B. 1274

Sec. 33. Effective date
Sections 15-1851, 32-301, 32-304, 32-321, 32-322, 32-325, 32-501,
32-502, 32-503, 32-505, 32-506, 32-511, 32-512.01, 32-514, 32-556, 32-573,
32-574, 41-1092, 41-3024.05 and 44-6852, Arizona Revised Statutes, as
amended by this act, section 32-324, Arizona Revised Statutes, as added by
this act, and section 2 of this act are effective from and after December
31, 2020,"
Amend title to conform
TRAVIS W. GRANTHAM
127 4GRANTHAM
03/05/2020
6:48 PM
C: mu

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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fourth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON

Regulatory Affairs

BILL NO. $B 1274

DATE

March 09, 2020

MOTION: “De &

PASS

AYE

NAY PRESENT | ABSENT

Blackman

Powers Hannley

Shah

Teran

Toma

Roberts, Vice-Chairman

Grantham, Chairman

APPROVED:

2? A

TRAVIS W. GRANTHAM, Chairman
BRET ROBERTS, Vice-Chairman

x IN\I\IG

2. ?} ©)

xtuwen. Hite

COMMITTEE SECRETARY

ATTACHMENT b

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

Senate: COM DPA 5-3-0-0 | 3rd Read 18-11-1-0

(RE RR ca
SB 1142: nonhealth professions; occupations; regulations.

Sponsor: Senator Pace, LD 25
Committee on Regulatory Affairs

Overview
Modifies the criteria and regulation of nonhealth professions and occupations (NPO).

History
Each standing committee of both legislative chambers makes up a Committee of Reference

(COR) in their respective subject matter.

Sunset Reviews
When an agency goes through the sunset review process, the COR is required to hold a public
hearing to consider multiple factors relating to the agency and receive public testimony. After the
hearing, the COR must issue a final sunset review report containing recommendations of whether
the agency should be continued, revised, consolidated or terminated (A.R.S. § 41-2954).

Sunrise Reviews
Applicants for regulation must submit a report to the Legislature explaining the sunrise factors by
September 1. The report is assigned to the appropriate COR, which holds hearings as necessary,
studies the report and develops recommendations for legislation (A.R.S. § 32-4402). The sunrise
factors for nonhealth professions are outlined in statute (A.R.S. § 32-4403).

Regulation Criteria

A profession or occupation is prohibited from being regulated except for the purpose of protecting
the public interest. All proposed legislation to regulate a profession or occupation for the first time
must be reviewed according to certain criteria. A profession or occupation is required to be
regulated if: 1) An unregulated practice can clearly harm or endanger public health, safety or
welfare; 2) The public benefit of the regulation exceeds the cost imposed on consumers,
businesses and individuals; 3) The public needs and can reasonably be expected to benefit from
an assurance of initial and continuing professional ability; and 4) The public cannot be effectively
protected by private certification or other alternatives.

After evaluating the criteria, a COR examines data and looks for evidence of actual harm to the
public related to the industry under consideration. If a COR finds it necessary to regulate a
profession or occupation, the regulation must be in the least restrictive manner and must not be
imposed to protect a discrete interest group from economic competition. A COR may hold
hearings to evaluate the criteria and examine the data (A.R.S. § 32-4401).

Provisions
Committee of Reference (Sec. 1)
1. Requires the COR to consider an agency's ability to timely investigate and resolve complaints
within its jurisdiction.

$B 1142
Initials JR Pagel Attachme nt" Regulatory Affairs

2. Requires each COR that reviews an agency that administers an occupational regulation to

consider the following factors in determining continuation or termination of an agency:
a) The extent to which the occupational regulation meets the requirements for NPO's; and
b) The extent to which failure to regulate an NPO will result in:

i. The loss in insurance;

ii. An impact to the ability to practice in other states or as required by federal law;

iii. An impact to the required licensure or registration with the federal government; or

iv. The loss of constitutionally afforded practices.

3. Requires a COR final sunset review report of recommendations relating to an agency that
administers an occupational regulation to include a recommendation that the Legislature:
a) Repeal the NPO license;
b) Convert the NPO license to a less restrictive regulation; or
c) Instruct the state agency to seek legislation or adopt rules to reflect the COR's
recommendation to:
i. Impose fess restrictive regulations than NPO licenses:
ii. Change the requisite personal qualifications of an NPO license; or
iil. Redefine the scope of practice in an NPO license.

Regulation Criteria for Nonhealth Professions and Occupations (Sec. 5)
4. Modifies the criteria used when reviewing regulation of an NPO for the first time by:
a) Requiring an NPO be regulated if all of the following apply:
i. There is credible evidence of harm that the unregulated practice threatens public
health, safety or welfare;
ii. The public needs and can reasonably be expected to benefit from government
regulation; and
ii. The public cannot be effectively protected by less restrictive regulations.

5. Removes the requirement for a COR to examine data and look for evidence of actual harm to
the public related to the industry being considered for regulation.

6. Allows a COR to request information from state agencies that contract with individuals in
regulated occupations and others with knowledge of the occupation or labor-market
economics.

7. Requires a COR to provide the findings and recommendations to the standing committee to
which the proposed legislation regulating an NPO is assigned.

8. Requires the standing committee to address:

a) The appropriate type of regulations;

b) The scope of practice and requisite personal qualifications appropriate for a government
certification or NPO license; and

c) The extent to which failure to regulate an NPO will result in:
i. The loss in insurance;
ii. An impact to the ability to practice in other states or as required by federal law;
ili. An impact to the required licensure or registration with the federal government; or
iv. The loss of constitutionally afforded practices.

9. Specifies that the requirements regarding the regulation criteria do not preempt federal
regulations or require a private certification organization to grant or deny certification to an
individual.

Miscellaneous
10. Transfers the Regulation of Nonheaith Professions and Occupations statutes from Title 32
(Professions and Occupations) to Title 41 (State Government). (Sec. 3)

SB 1142
Initials JR Page 2 Regulatory Affairs

11. Makes technical and conforming changes. (Sec. 1, 2, 5, 6)
12. Defines pertinent terms. (Sec. 4)

SB 1142
Initials JR Page 3 Regulatory Affairs

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fourth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON Regulatory Affairs BILL NO. SB 1142
DATE March 09, 2020 MOTION: DP
PASS AYE NAY PRESENT | ABSENT
Blackman J
Powers Hannley J
Shah 4
Teran vA
Toma A
Roberts, Vice-Chairman /
Grantham, Chairman J
4 3 o O
staan. LL, te

APPROVED:

TRAVIS W,. GRANTHAM, Chairman
BRET ROBERTS, Vice-Chairman

GOMMITTEE SECRETARY

ATTACHMENT. &

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature
Second Regular Session

Senate: HHS DP 7-0-1-0 | 3 Read 30-0-0-0
House: HHS DP 8-0-1-0

(EERE ee er
$B 1127: athletic trainers; dry needling
Sponsor: Senator Brophy McGee, LD 28
Committee on Regulatory Affairs

Overview

Requires the Arizona Board of Athletic Training (Board), by December 31, 2020, to adopt rules
establishing the professional standards of care, training and education qualifications to perform
dry needling for therapeutic purposes.

History
Laws 2000, Chapter 111 established the Board which regulates the practice of athletic training in

the state by licensing athletic trainers, providing information about licensees to the public, and
investigating and resolving complaints against licensees. Athletic trainers work in various settings,
including public and private high schools, colleges and universities, clinics and hospitals and
professional sports organizations.

Current law permits licensed physical therapists to perform dry needling with appropriate
education and training as determined by the Board of Physical Therapy (Laws 2014, Chapter
220). Dry needling is defined in statute as a skilled intervention perform by a physical therapist
that uses a thin filiform needle to penetrate the skin and stimulate underlying neural, muscular
and connective tissues for the evaluation and management of neuromusculoskeletal conditions,
pain and movement impairments. (A.R.S. § 32-2001)

A health professional group that is seeking an increased scope of practice must submit a Sunrise
Report to the President of the Senate and the Speaker of the House of Representatives by
November 1 explaining the factors prescribed in A.R.S. § 32-3106. The Athletic Trainers
Association submitted the following report addressing those factors: (ATA Sunrise Report 2019).

Provisions
1. Defines dry needling. (Sec. 1)

2. Subject to disciplinary action, the failure to demonstrate professional standards of care,
training and education qualifications to perform dry needling as a therapeutic modality. (Sec.
2)

3. Requires the Board, by December 31, 2020, to adopt rules establishing the professional
standards of care, training and education qualifications for performing dry needling for
therapeutic purposes. (Sec. 3)

4. Exempts the Board from rulemaking requirements through December 31, 2020 for the
purpose of implementing the above-mentioned provisions. (Sec. 3)

5. Makes technical and conforming changes. (Sec. 1)

SB 1127

Attachment_9 __ Regulatory Affairs

Initials IR/AG Page 1

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fourth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON Regulatory Affairs BILL NO. __ SB 1427

DATE March 09, 2020 MOTION: PP
PASS AYE NAY PRESENT | ABSENT

Blackman /

Powers Hannley S/S

Shah VA

Teran /

Toma a

Roberts, Vice-Chairman VA

Grantham, Chairman WA

b oO oO \

APPROVED: COMMITTEE SECRETARY

TRAVIS W. GRANTHAM, Chairman
BRET ROBERTS, Vice-Chairman

ATTACHMENT. /©

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fourth Legislature

Second Regular Session

Senate: HHS DP 7-0-1-0 | 3° Read 30-0-0-0
a a ae TT PNT TES THAT ST centt EE nT Ener NEST OV FOTO TEY ROMERO OTE MINOR er es TTR NT TY

SB 1074: occupational therapists; fingerprint clearance cards
Sponsor: Senator Brophy McGee, LD 28
Committee on Regulatory Affairs

Overview
Requires an applicant for an occupational therapy (OT) or occupational therapy assistant (OTA)
license to possess a valid fingerprint clearance card (Card) beginning on January 1, 2021.

History
The Arizona Board of Occupational Therapy Examiners (Board) was established by the Arizona

Legislature to regulate OT professions. The Board evaluates the qualifications of applicants and
prescribes examination requirements for licensure. The Board issues and renews licenses,
investigates complaints, takes appropriate disciplinary action, and responds to inquiries from
consumers as to the license status of individual occupational therapy professionals (A.R.S. § 32-
3404).

An applicant for an OT or OTA license must be of good moral character, successfully complete
the academic and fieldwork requirements, pass the administered examination, and pay all
required fees. Each applicant for original licensure, license renewal, license reinstatement or a
limited license must submit a full set of fingerprints to the Board (A.R.S. §§ 32-3423; 32-3430).

Currently applicants for OT licensure must submit fingerprints to the Board to obtain a state and
federal criminal records check (A.R.S. § 32-3430).

Provisions
1. Removes language requiring the OT applicant to submit a full set of fingerprints to the Board
for the purpose of obtaining a state and federal criminal record check. (Sec. 1)

2. Requires an applicant for an OT or OTA license, license renewal, license reinstatement or a
limited license to possess a valid Card beginning on January 1, 2021. (Sec. 1)

3. Removes the Board's ability to issue a license or limited license before it receives the results
of a criminal background check. (Sec. 1)

4. Contains technical and conforming changes. (Sec. 1-4)

Attachment_1] _

U1 Prop 105 (45 votes) CL] Prop 108 (40 votes) 0 Emergency (40 votes) £1 Fiscal Note

SB 1074
initials JR/LB Page 1 Regulatory Affairs
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fourth Legislature - Second Regular Session

ROLL CALL VOTE
COMMITTEE ON Regulatory Affairs BILL NO. SB 1074
DATE March 09, 2020 MOTION: _ “1 e
PASS AYE NAY PRESENT | ABSENT
Blackman /
Powers Hannley v
Shah 4
Teran /
Toma Y
Roberts, Vice-Chairman vA
Grantham, Chairman /
7 O 6 ()
srs. Ube Ae
APPROVED: <_< “COMMITTEE SECRETARY

TRAVIS W. GRANTHAM, Chairman
BRET ROBERTS, Vice-Chairman

ATTACHMENT /oh

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Arizona House of Representatives Committee on Regulatory Affairs Meeting Minutes

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