HB2438 - Podiatric licensure compact

House Engrossed podiatric licensure compact State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026 HOUSE BILL 2438 AN ACT Amending title 32, chapter 7, Arizona Revised Statutes, by adding article 5; relating to the state board of podiatry examiners. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona: Section 1. Title 32, chapter 7, Arizona Revised Statutes, is amended by adding article 5, to read: ARTICLE 5. PODIATRIC MEDICAL LICENSURE COMPACT START_STATUTE 32-881. Podiatric medical licensure compact The podiatric medical licensure compact is adopted and enacted into law as follows: Section 1. PURPOSE In order to strengthen access to health care, and in recognition of the advances in the delivery in health care, the member states of the interstate podiatric medical licensure compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state podiatric medical boards, provides a streamlined process that allows podiatric physicians to become licensed in multiple states, thereby enhancing the portability of a podiatric medical license and ensuring the safety of patients. The compact creates another pathway for licensure and does not otherwise change a state's existing podiatric medical practice act. The compact also adopts the prevailing standard for licensure and affirms that the practice of podiatric medicine occurs where the patient is located at the time of the podiatric physician-patient encounter, and therefore, requires the podiatric physician to be under the jurisdiction of the state podiatric medical board where the patient is located. State podiatric medical boards that participate in the compact retain the jurisdiction to impose an adverse action against a license to practice podiatric medicine in that state issued to a podiatric physician through the procedures in the compact. SECTION 2. DEFINITIONS In this compact: 1. "Bylaws" means those bylaws established by the interstate commission pursuant to section 11 of this compact. 2. "Commissioner" means the voting representative appointed by each member board pursuant to section 11 of this compact. 3. "Conviction" means a finding by a court that an individual is guilty of a criminal offense through adjudication or entry of a plea of guilt or no contest to the charge by the offender. Evidence of an entry of conviction of a criminal offense by the court shall be considered final for the purposes of disciplinary action by a member board. 4. "Criminal background check" means a federal bureau of investigation biometric based federal criminal records check information report obtained by a member board from the authorized state agency for the exclusive purpose of determining eligibility for certification of qualification that would allow for an expedited license. 5. "Expedited license" means a full unrestricted podiatric medical license granted by a member state to an eligible podiatric physician through the process set forth in this compact. 6. "Federal criminal records check information" means any information obtained by a member board from the federal bureau of investigation relating to a federal criminal records check performed by a member board under Public Law 92-544. 7. "Interstate commission" means the interstate commission established pursuant to section 11 of this compact. 8. "License" means authorization by a member state for a podiatric physician to engage in the practice of podiatric medicine, which would be unlawful without authorization. 9. "Member board" means a state agency in a member state that acts in the sovereign interest of the state by protecting the public through licensure, regulation and education of podiatric physicians as directed by the state government. 10. "Member state" means a state that has enacted this Compact. 11. "Offense" means a felony, a gross misdemeanor or a misdemeanor related to the practice of podiatric medicine. 12. "Podiatric medical practice act" means laws and regulations governing the practice of podiatric medicine within a member state. 13. "Podiatric physician" means any person who: ( a ) Is a graduate of a podiatric medical school accredited by the council on podiatric medical education. ( b ) Passed parts I, II, and III (PMLexis) of the national board of podiatric medical examiners' (NBPME)/American podiatric medical licensing examination (APMLE), or their NBPME/APMLE recognized replacement examinations. ( c ) Successfully completed a podiatric residency program approved by the council on podiatric medical education. ( d ) Holds specialty certification from a specialty board recognized by the council on podiatric medical education. ( e ) Possesses a full and unrestricted license to engage in the practice of podiatric medicine issued by a member board. ( f ) Has never been convicted or received adjudication, deferred adjudication, community supervision or deferred disposition for any offense by a court of appropriate jurisdiction. ( g ) Has never held a license authorizing the practice of podiatric medicine subjected to discipline by a licensing agency in any state, federal or foreign jurisdiction, excluding any action related to the nonpayment of fees related to a license. ( h ) Has never had a controlled substance license or permit suspended or revoked by a state or the United States drug enforcement administration or voluntarily surrendered such a license after notification of investigation. ( i ) Is not under active investigation by a licensing agency or law enforcement authority in any state, federal or foreign jurisdiction. 14. "Practice of podiatric medicine" means that clinical prevention, diagnosis or treatment of human disease, injury or conditions requiring a podiatric physician to obtain and maintain a license in compliance with the podiatric medical practice act of a member state. 15. "Rule" means a written statement by the interstate commission adopted pursuant to section 12 of this compact that is of general applicability, that implements, interprets or prescribes a policy or provision of this compact, or an organizational, procedural or practice requirement of the interstate commission, and that has the force and effect of statutory law in a member state, and includes the amendment, repeal or suspension of an existing rule. 16. "State" means any state, commonwealth, district or territory of the United States. 17. "State of principal license" means a member state where a podiatric physician holds a license to practice podiatric medicine and that has been designated by the podiatric physician for the purposes of registration and participation in this compact. SECTION 3. ELIGIBILITY A. A podiatric physician must meet the eligibility requirements to receive an expedited license under the terms and provisions of this compact. B. A podiatric physician who does not meet the requirements of section 2, paragraph 13 of this compact may obtain a license to practice podiatric medicine in a member state if the individual complies with all laws and requirements, other than this compact, relating to the issuance of a license to practice podiatric medicine in that state. SECTION 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE A. A podiatric physician shall designate a member state as the state of principal license for the purposes of registration for expedited licensure through this compact if the podiatric physician possesses a full and unrestricted license to practice podiatric medicine in that state and the state is one of the following: 1. The state of principal residence for the podiatric physician. 2. The state where at least twenty-five percent of the podiatric physician's practice of podiatric medicine occurs. 3. The location of the podiatric physician's employer. 4. If no state qualifies under paragraph 1, 2 or 3 of this subsection, the state designated as the podiatric physician's state of residence for the purpose of federal income tax. B. A podiatric physician may redesignate a member state as state of principal license at any time as long as the state meets the requirements of subsection A of this section. C. The interstate commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license. SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE A. A podiatric physician seeking licensure through the compact shall file an application for an expedited license with the member board of the state selected by the podiatric physician as the state of principal license. B. On receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the podiatric physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the podiatric physician's eligibility to, and in the manner established through rule by, the interstate commission, as follows: 1. Static qualification, which includes verification of podiatric medical education, podiatric graduate medical education, results of any podiatric medical licensing examination and other qualifications as determined by the interstate commission through rule, are not subject to additional primary source verification where already primary source verified by the state of principal license. 2. The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a criminal background check of an applicant, including the use of results of fingerprint or other biometric data checks compliant with the requirements of the federal bureau of investigation with the exception of federal employees who have suitability determination in accordance with 5 Code of Federal Regulations section 731.202. Communications are as follows: ( a ) Communication between a member board and the interstate commission and communication between member boards regarding the verification of eligibility in section 3 of this compact shall not include any information received from the federal bureau of investigation relating to a federal criminal records check performed by a member board under Public Law 92-544, including federal criminal records check information. ( b ) Federal bureau of investigation information obtained by a member board shall not be shared with the interstate commission. 3. Appeal of the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state. C. On verification as prescribed in subsection B of this section, a podiatric physician shall complete the registration process established by the interstate commission to receive a license in a member state selected pursuant to subsection A of this section and shall pay any applicable fees. D. After receiving verification of eligibility as prescribed in subsection B of this section and after paying any fees required under subsection C of this section, a member board shall issue an expedited license to the podiatric physician. The expedited license authorizes the podiatric physician to practice podiatric medicine in the issuing state consistent with the podiatric medical practice act and all applicable laws and regulations of the issuing member board and member state. E. An expedited license is valid for a period consistent with the licensure period in the member state and in the same manner as required for other podiatric physicians holding a full and unrestricted license within the member state. F. An expedited license obtained through this compact shall be terminated if a podiatric physician fails to maintain a license in the state of principal license for a nondisciplinary reason, without redesignation of a new state of principal license. G. The interstate commission is authorized to adopt rules regarding the application process, including payment of any applicable fees, and the reporting of the issuance of an expedited license by a member board to the interstate commission. SECTION 6. FEES FOR EXPEDITED LICENSURE A. A member state issuing an expedited license authorizing the practice of podiatric medicine in that state may impose a fee for a license issued or renewed through this compact. B. The interstate commission is authorized to develop rules regarding fees for expedited licenses. SECTION 7. RENEWAL AND CONTINUED PARTICIPATION A. A podiatric physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the interstate commission if the podiatric physician meets all of the following: 1. Maintains a full and unrestricted license in a state of principal license. 2. Has not been convicted of or received adjudication, deferred adjudication, community supervision or deferred disposition for any offense by a court of appropriate jurisdiction. 3. Has not had a license authorizing the practice of podiatric medicine subject to discipline by a licensing agency in any state, federal or foreign jurisdiction or voluntarily surrendered such a license in lieu of discipline, excluding any action related to nonpayment of fees related to a license. 4. Has not had a controlled substance license or permit suspended or revoked by a state or the United States drug enforcement administration or voluntarily surrendered such a license or permit after notification of investigation. B. Podiatric physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state. C. The interstate commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board. D. On receipt of any renewal fees collected pursuant to subsection C of this section, a member board shall renew the podiatric physician's license. E. Podiatric physician information collected by the interstate commission during the renewal process shall be distributed to all member boards. F. The interstate commission is authorized to develop rules to address renewal of licenses obtained through this compact. SECTION 8. COORDINATED INFORMATION SYSTEM A. The interstate commission shall establish a database of all podiatric physicians who are licensed or who have applied for licensure under section 5 of this compact. B. Notwithstanding any other provision of law, each member board shall report to the interstate commission any public action or public complaints against a licensed podiatric physician who has applied for or received an expedited license through this compact. C. Member boards shall report disciplinary or investigatory information determined as neces [Text truncated for display. Full text available on LegiScan.]