HB2251 - Midwifery; prescriptions; naturopathic medical board

Senate Engrossed House Bill midwives; medication administration; advisory committee (now: midwifery; prescriptions; naturopathic medical board) State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026 HOUSE BILL 2251 AN ACT Amending sections 12-910, 20-3151 and 32-1502, Arizona Revised Statutes; Amending section 32-1505, Arizona Revised Statutes, as amended by laws 2024, chapter 222, section 17; Amending section 32-1505, Arizona Revised Statutes, as amended by laws 2024, chapter 222, section 18; providing for TRANSFERRING and renumbering; Amending sections 32-1591, 32-1591.02, 32-1591.04, 32-1591.05, 32-1591.06, 32-1591.08, Arizona Revised Statutes, as transferred and renumbered; amending title 32, chapter 14, article 5, Arizona Revised Statutes, as transferred and renumbered, by adding sections 32-1591.11, 32-1591.12 and 32-1591.13; amending sections 32-3101, 32-3201, 36-301, 36-422, 36-425 and 36-3601, Arizona Revised Statutes; appropriating monies; relating to midwifery. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona: Section 1. Section 12-910, Arizona Revised Statutes, is amended to read: START_STATUTE 12-910. Scope of review A. An action to review a final administrative decision shall be heard and determined with convenient speed. If requested by a party to an action within thirty days after filing a notice of appeal, the court shall hold an evidentiary hearing, including testimony and argument, to the extent necessary to make the determination required by subsection F of this section. The court may hear testimony from witnesses who testified at the administrative hearing and witnesses who were not called to testify at the administrative hearing. B. Relevant and admissible exhibits and testimony that were not offered during the administrative hearing shall be admitted, and objections that a party failed to make to evidence offered at the administrative hearing shall be considered, unless either of the following is true: 1. The exhibit, testimony or objection was withheld for purposes of delay, harassment or other improper purpose. 2. Allowing admission of the exhibit or testimony or consideration of the objection would cause substantial prejudice to another party. C. For review of final administrative decisions of agencies that are exempt from sections 41-1092.03, 41-1092.04, 41-1092.05, 41-1092.06, 41-1092.07, 41-1092.08, 41-1092.09, 41-1092.10, and 41-1092.11, pursuant to section 41-1092.02, the trial shall be de novo if trial de novo is demanded in the notice of appeal or motion of an appellee other than the agency and if a hearing was not held by the agency or the proceedings before the agency were not stenographically reported or mechanically recorded so that a transcript might be made. On demand of any party, if a trial de novo is available under this section, it may be with a jury, except that a trial of an administrative decision under section 25-522 shall be to the court. D. For review of final administrative decisions of agencies that regulate a profession or occupation pursuant to title 32, title 36, chapter 4, article 6 , title 36, chapter 6, article 7 or title 36, chapter 17, the trial shall be de novo if trial de novo is demanded in the notice of appeal or motion of an appellee other than the agency. E. The record in the superior court shall consist of the record of the administrative proceeding, and the record of any evidentiary hearing, or the record of the trial de novo. F. After reviewing the administrative record and supplementing evidence presented at the evidentiary hearing, the court may affirm, reverse, modify or vacate and remand the agency action. The court shall affirm the agency action unless the court concludes that the agency's action is contrary to law, is not supported by substantial evidence, is arbitrary and capricious or is an abuse of discretion. In a proceeding brought by or against the regulated party, the court shall decide all questions of law, including the interpretation of a constitutional or statutory provision or a rule adopted by an agency, without deference to any previous determination that may have been made on the question by the agency. In a proceeding brought by or against the regulated party, the court shall decide all questions of fact without deference to any previous determination that may have been made on the question by the agency. Notwithstanding any other law, this subsection applies in any action for judicial review of any agency action that is authorized by law. G. Notwithstanding subsection F of this section, if the action arises out of title 20, chapter 15, article 2, the court shall affirm the agency action unless after reviewing the administrative record and supplementing evidence presented at the evidentiary hearing the court concludes that the action is not supported by substantial evidence, is contrary to law, is arbitrary and capricious or is an abuse of discretion. H. This section does not apply to any agency action pursuant to title 40, chapter 2, article 5 or 6.2. END_STATUTE Sec. 2. Section 20-3151, Arizona Revised Statutes, is amended to read: START_STATUTE 20-3151. Definitions For the purposes of this section: 1. "Enrollee" means an individual who is enrolled in a health care plan provided by a health care insurer. 2. "Health care insurer" means a disability insurer, group disability insurer, blanket disability insurer, health care services organization, hospital service corporation, medical service corporation or hospital and medical service corporation. 3. "Health care plan" means a policy, contract or evidence of coverage issued to an enrollee. Health care plan does not include limited benefit coverage as defined in section 20-1137. 4. "Health care professional" means a professional who is regulated pursuant to title 32, chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 25, 28, 29, 33, 34, 35, 39 or 41 , title 36, chapter 6, article 7 or title 36, chapter 17. END_STATUTE Sec. 3. Section 32-1502, Arizona Revised Statutes, is amended to read: START_STATUTE 32-1502. Naturopathic physicians medical board; members; appointment; qualifications; terms of office; immunity A. The naturopathic physicians medical board is established consisting of the following members: 1. Four physician members who are appointed by the governor. Each physician member shall be: (a) A resident of this state for at least five years immediately preceding the appointment. (b) A doctor of naturopathic medicine with a degree from a naturopathic school or college approved by the board who has engaged in full-time practice of naturopathic medicine for at least five years immediately preceding the appointment. 2. One licensed midwife who is appointed by the governor and who shall be: ( a ) A resident of this state for at least five years immediately preceding the appointment. ( b ) A midwife who is licensed pursuant to article 5 of this chapter and who has engaged in a full-time practice of midwifery for at least five years immediately preceding the appointment. 2. 3. Three public members who are appointed by the governor. Each public member shall: (a) Be a resident of this state for at least five years immediately preceding the appointment. (b) Not be connected, in any manner, with or have any interest in a school of medicine, a health care institution or any person practicing any form of healing or treatment of bodily or mental ailments. (c) Demonstrate an interest in the health problems in this state. B. Before appointment by the governor, a prospective member of the board shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. C. The terms of office of the physician members , the midwife member and the public members are five years to begin and end on June 30. Each physician member , each midwife member and each public member continue to hold office until the appointment and qualification of their successors, subject to the following exceptions: 1. A member of the board may be removed from office if the governor finds the member was guilty of malfeasance, misfeasance or dishonorable conduct. 2. The term of any member automatically ends on resignation, permanent removal from this state or removal from this state for a period of more than six months. D. There shall be no monetary liability on the part of and no cause of action shall arise against the members of the board, the secretary-treasurer or permanent or temporary personnel of the board for any act done or proceeding undertaken or performed in good faith and in furtherance of the purposes of this chapter. END_STATUTE Sec. 4. Section 32-1505, Arizona Revised Statutes, as amended by Laws 2024, chapter 222, section 17, is amended to read: START_STATUTE 32-1505. Naturopathic physicians medical board fund; separate licensed midwife account A. The naturopathic physicians medical board fund is established. The board shall administer the fund. Pursuant to sections 35-146 and 35-147, the board shall deposit fifteen percent of all monies from whatever source that come into the possession of the board in the state general fund and deposit the remaining eighty-five percent in the naturopathic physicians medical board fund. B. Monies deposited in the naturopathic physicians medical board fund are subject to section 35-143.01. C. Beginning July 1, 2027, all monies deposited in the naturopathic physicians medical board fund pursuant to section 32-1527 for naturopathic physician licensing and regulation must be used only for licensing and regulating naturopathic physicians pursuant to this article and articles 2, 3 and 4 of this chapter and may not be used for licensing and regulating midwives pursuant to article 5 of this chapter. D. Beginning July 1, 2027, all monies deposited in the naturopathic physicians medical board fund pursuant to article 5 of this chapter for midwife licensing and regulation must be used only for licensing and regulating midwives pursuant to article 5 of this chapter and may not be used for licensing and regulating naturopathic physicians pursuant to this article and articles 2, 3 and 4 of this chapter. E. The board shall establish a separate account in the fund for monies transferred to the fund pursuant to article 5 of this chapter for midwife licensing and regulation. END_STATUTE Sec. 5. Section 32-1505, Arizona Revised Statutes, as amended by Laws 2024, chapter 222, section 18, is amended to read: START_STATUTE 32-1505. Naturopathic physicians medical board fund; separate licensed midwife account A. The naturopathic physicians medical board fund is established. The board shall administer the fund. Pursuant to sections 35-146 and 35-147, the board shall deposit ten percent of all monies from whatever source that come into the possession of the board in the state general fund and deposit the remaining ninety percent in the naturopathic physicians medical board fund. B. Monies deposited in the naturopathic physicians medical board fund are subject to section 35-143.01. C. Beginning July 1, 2027, all monies deposited in the naturopathic physicians medical board fund pursuant to section 32-1527 for naturopathic physician licensing and regulation must be used only for licensing and regulating naturopathic physicians pursuant to this article and articles 2, 3 and 4 of this chapter and may not be used for licensing and regulating midwives pursuant to article 5 of this chapter. D. Beginning July 1, 2027, all monies deposited in the naturopathic physicians medical board fund pursuant to article 5 of this chapter for midwife licensing and regulation must be used only for licensing and regulating midwives pursuant to article 5 of this chapter and may not be used for licensing and regulating naturopathic physicians pursuant to this article and articles 2, 3 and 4 of this chapter. E. The board shall establish a separate account in the fund for monies transferred to the fund pursuant to article 5 of this chapter for midwife licensing and regulation. END_STATUTE Sec. 6. Transfer and renumber Title 36, chapter 6, article 7, Arizona Revised Statutes, is transferred and renumbered for placement in title 32, chapter 14, Arizona Revised Statutes, as article 5, as added by this act. The following sections are transferred and renumbered for placement in title 32, chapter 14, article 5, Arizona Revised Statutes: Former Sections New Sections 36-751 32-1591 36-752 32-1591.01 36-753 32-1591.02 36-754 32-1591.03 36-755 32-1591.04 36-756 32-1591.05 36-756.01 32-1591.06 36-757 32-1591.07 36-758 32-1591.08 36-759 32-1591.09 36-760 32-1591.10 Sec. 7. Section 32-1591, Arizona Revised Statutes, as transferred and renumbered, is amended to read: START_STATUTE 32-1591. Definitions In this article, unless the context otherwise requires: 1. "Department" means the department of health services. 2. 1. "Director" means the executive director of the department of health services board . 2. "Licensed midwife" means a midwife who is licensed pursuant to this article. 3. "Midwife" means a person who delivers a baby or provides health care related to pregnancy, labor, delivery and postpartum care of the mother and her infant. END_STATUTE Sec. 8. Section 32-1591.02, Arizona Revised Statutes, as transferred and renumbered, is amended to read: START_STATUTE 32-1591.02. Application for license as midwife A person who desires to obtain a license to practice midwifery shall make written application apply to the director of the department of health services, upon board in writing on a form to be supplied by the director board and shall furnish such provide the information as may be required by the director board . END_STATUTE Sec. 9. Section 32-1591.04, Arizona Revised Statutes, as transferred and renumbered, is amended to read: START_STATUTE 32-1591.04. Powers and duties of the board A. The director board may adopt rules necessary for the proper administration and enforcement of this article. B. The director board shall, by rule: 1. Define and describe, consistent with this article and the laws of this state, the duties and limits of the practice of midwifery. 2. Adopt standards with respect to the practice of midwifery designed to safeguard the health and safety of the mother and child. 3. Establish the criteria for granting, denying, suspending and revoking a license in order to protect the health and safety of the mother and child. 4. Describe and define reasonable and necessary minimum qualifications for licensed midwives, including: (a) The ability to read and write. (b) Knowledge of the fundamentals of hygiene. (c) The ability to recognize [Text truncated for display. Full text available on LegiScan.]