Bill Text: AZ HB2076 | 2013 | Fifty-first Legislature 1st Regular | Chaptered
Bill Title: Military applicants; license requirements
Spectrum: Slight Partisan Bill (Republican 13-8)
Status: (Passed) 2013-04-11 - Governor Signed [HB2076 Detail]
Download: Arizona-2013-HB2076-Chaptered.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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CHAPTER 85
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HOUSE BILL 2076 |
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AN ACT
amending title 28, chapter 8, article 5, Arizona Revised Statutes, by adding section 28-3229; amending title 32, chapter 15, article 2, Arizona Revised Statutes, by adding section 32-1639.03; relating to military licensees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 28, chapter 8, article 5, Arizona Revised Statutes, is amended by adding section 28-3229, to read:
28-3229. Military applicants; driving test waiver; requirements
A. The department may waive the requirement that an original applicant for a class A, B or C license take the driving test prescribed by section 28‑3223, subsection A, paragraph 5 if the applicant is on active duty in the armed forces of the United States or has separated from the armed forces of the United States under honorable conditions in the last ninety days and certifies that during the two-year period immediately before application all of the following apply:
1. The applicant has not had more than one driver license, other than a military license.
2. The applicant has not had any driver license suspended, revoked or canceled.
3. The applicant has not been convicted of an offense committed while operating any type of motor vehicle that would subject the applicant to mandatory disqualification pursuant to section 28-3312.
4. The applicant has not been found responsible for or guilty of a moving traffic violation that results in a motor vehicle accident and has no record of a motor vehicle accident in which the applicant is at fault.
B. The department may waive the driving test pursuant to subsection A of this section if the applicant certifies and provides evidence as prescribed by the department that all of the following apply:
1. The applicant is regularly employed or was regularly employed within the last ninety days in a military position requiring operation of a commercial motor vehicle.
2. The applicant is exempt from commercial driver licensing requirements pursuant to section 28-3152, subsection A, paragraph 1 or a comparable law of another state implementing 49 Code of Federal Regulations section 383.3(c).
3. For at least two years immediately before separating from the armed forces of the United States under honorable conditions the applicant operated a motor vehicle that is representative of the class of motor vehicle that the applicant operates or expects to operate.
C. An applicant who obtains a driving test waiver under this section shall take and successfully pass any knowledge test required pursuant to this chapter.
Sec. 2. Title 32, chapter 15, article 2, Arizona Revised Statutes, is amended by adding section 32-1639.03, to read:
32-1639.03. Qualifications of military service applicants; definition
A. The board shall issue a license to practice as a practical nurse to an applicant who does not meet the requirements of section 32-1637, paragraph 1, relating to graduation from a board‑approved program, if the applicant otherwise meets all of the following requirements:
1. Submits an application required by section 32‑1637 and a verified statement that indicates whether the applicant has been convicted of a felony and, if convicted of one or more felonies, indicates the date of absolute discharge from the sentences for all felony convictions.
2. Passes the examination prescribed by section 32‑1638.
3. Answers questions related to whether the person is currently under investigation by another health care related board and whether any disciplinary action has been taken by any jurisdiction related to health professions.
4. Has completed a military program of basic medical training and was awarded a military occupational specialty and performed in that occupational specialty at a level that is substantially equivalent to the academic requirements for a license to practice as a practical nurse or completed any clinical education equivalency or bridge courses determined by the board to be necessary to obtain equivalency.
5. Engaged in the active practice of practical nursing for at least two of the five years before the date of filing the application. An applicant's relevant military service experience in the discharge of the applicant's official duties must be credited in the calculation of the number of years the applicant has practiced as a practical nurse for the purposes of this paragraph.
6. Has not committed an act in any jurisdiction that constitutes grounds for refusal, suspension or revocation of a license to practice as a practical nurse in this state.
7. Has paid any fees required by the board.
B. The board may consider the recommendations in the guide to the evaluation of educational experiences in the armed services published by the American council on education or the council's successor organization when determining if the applicant substantially meets the academic requirements for a license to practice as a practical nurse.
C. The board may issue a temporary license to practice as a licensed practical nurse to an applicant who meets the qualifications in subsection A of this section and as prescribed by the board by rule. The applicant may practice under a temporary license until any of the following occurs:
1. The applicant's license is granted or denied by the board.
2. The temporary license expires pursuant to section 32-1640, subsection B.
3. The applicant fails to comply with the terms of the temporary license.
D. this section does not prohibit a military service applicant from applying for a license to practice as a practical nurse as otherwise prescribed in this article.
E. For the purposes of this section, "military service" means service as an active member of any of the following:
1. The armed forces of the United States.
2. A reserve component of the armed forces of the United States.
Sec. 3. Effective date
Section 32-1639.03, Arizona Revised Statutes, as amended by this act, is effective from and after December 31, 2013.
APPROVED BY THE GOVERNOR APRIL 11, 2013.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 11, 2013.
