Arizona Administrative Code

Notes Ariz. Admin. Code § R4-19-516 New Section made by final rulemaking at 11 A.A.R. 3804, effective November 12, 2005 (Supp. 05-3). Repealed by final rulemaking at 18 A.A.R. 2140, effective August 8, 2012 (Supp. 12-3).

Notes Ariz. Admin. Code § R4-19-601 Adopted effective October 10, 1996 (Supp. 96-4). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 618, effective December 31, 2001 (Supp. 02-1). Section R4-19-601 renumbered from R4-19-602 and amended by final rulemaking at 9 A.A.R. 1288, …

A letter of concern issued by the Board is not an appealable agency action as defined in A.R.S. § 41-1092. Notes Ariz. Admin. Code § R4-19-602 Adopted effective October 10, 1996 (Supp. 96-4). Former Section R4-19-602 renumbered to R4-19-601; new Section R4-19-602 made by final ru…

Any person subject to a hearing may participate in the hearing and may be represented by legal counsel. The Board shall not pay for the person's legal counsel. Notes Ariz. Admin. Code § R4-19-603 Adopted effective October 10, 1996 (Supp. 96-4). Former Section R4-19-603 repealed; …

A. The Board, in consultation with the Office of Administrative Hearings, as necessary shall prepare and serve a written notice of hearing on all parties under A.R.S. § 41-1092.05. B. In addition to the notice requirements in A.R.S. § 41-1092.05(D), the Board shall include the fo…

Notes Ariz. Admin. Code § R4-19-605 Adopted effective October 10, 1996 (Supp. 96-4). Former Section R4-19-605 renumbered to R4-19-604; new Section R4-19-605 renumbered from R4-19-606 and amended by final rulemaking at 9 A.A.R. 1288, effective June 3, 2003 (Supp. 03-2). Section ex…

Notes Ariz. Admin. Code § R4-19-606 Adopted effective October 10, 1996 (Supp. 96-4). Former Section R4-19-606 renumbered to R4-19-605; new Section R4-19-606 renumbered from R4-19-607 and amended by final rulemaking at 9 A.A.R. 1288, effective June 3, 2003 (Supp. 03-2). Section ex…

The Administrative Law Judge who conducts the hearing shall make a recommended decision under A.R.S. § 41-1092.08. The Board shall immediately transmit a copy of the recommended decision to each party. Each party may file a memorandum of objections for consideration at the next B…

A. A party may file a motion for rehearing or review of a decision under A.R.S. §§ 41-1092.09 and 32-1665. B. The Board may grant a rehearing or review of the decision for any of the following causes materially affecting the moving party's rights: 1. Irregularity in the administr…

A. Except as provided in subsection (B), a decision is final upon expiration of the time for filing a request for rehearing or review or upon denial of such a request, whichever is later. If the Board grants a rehearing or review, the decision is stayed until another order is iss…

Notes Ariz. Admin. Code § R4-19-610 Adopted effective October 10, 1996 (Supp. 96-4). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 491, effective December 31, 2001 (Supp. 02-1).

Notes Ariz. Admin. Code § R4-19-611 Adopted effective October 10, 1996 (Supp. 96-4). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 491, effective December 31, 2001 (Supp. 02-1).

Notes Ariz. Admin. Code § R4-19-612 Adopted effective October 10, 1996 (Supp. 96-4). Section renumbered to R4-19-607 by final rulemaking at 9 A.A.R. 1288, effective June 3, 2003 (Supp. 03-2).

Notes Ariz. Admin. Code § R4-19-613 Adopted effective October 10, 1996 (Supp. 96-4). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 491, effective December 31, 2001 (Supp. 02-1).

Notes Ariz. Admin. Code § R4-19-614 Adopted effective October 10, 1996 (Supp. 96-4). Section renumbered to R4-19-608 by final rulemaking at 9 A.A.R. 1288, effective June 3, 2003 (Supp. 03-2).

Notes Ariz. Admin. Code § R4-19-615 Adopted effective October 10, 1996 (Supp. 96-4). Section renumbered to R4-19-609 by final rulemaking at 9 A.A.R. 1288, effective June 3, 2003 (Supp. 03-2).

Notes Ariz. Admin. Code § R4-19-701 Adopted effective October 10, 1996 (Supp. 96-4). Amended by final rulemaking at 9 A.A.R. 1288, effective June 3, 2003 (Supp. 03-2). Section expired under A.R.S. § 41-1056(E) at 17 A.A.R. 2692, effective August 31, 2011 (Supp. 11-4).

A person may petition the Board, requesting the making of a final rule, or a review of an existing agency practice or substantive policy statement that the petitioner alleges to constitute a rule under A.R.S. § 41-1033, or objecting to a rule under A.R.S. § 41-1056.01, by filing …

A. The Board shall schedule an oral proceeding on all rulemakings and publish the notice as prescribed in A.R.S. § 41-1023. A Board member, the executive director, or a Board staff member shall serve as presiding officer at an oral proceeding. B. The Board shall record all oral p…

A. A person wishing to alter the effective date of a rule shall file a written petition that contains: 1. The name, current address, and telephone number of the person submitting the petition; 2. Identification of the proposed rule; 3. If the person is petitioning for an immediat…

A. Any person may file with the Board a written criticism of an existing rule that contains: 1. The rule addressed, and 2. The reason the existing rule is inadequate, unduly burdensome, unreasonable, or improper. B. The Board shall acknowledge receipt of any criticism within 10 w…

Notes Ariz. Admin. Code § R4-19-706 Adopted effective October 10, 1996 (Supp. 96-4). Renumbered to R4-19-705 by final rulemaking at 9 A.A.R. 1288, effective June 3, 2003 (Supp. 03-2).

A. Program Administrative Responsibilities 1. Any person or entity offering a training program under this Article shall, before accepting tuition from prospective students, and at all times thereafter, provide program personnel including a coordinator and instructors, as applicab…

A. Organization and Administration 1. A nursing assistant program may be offered by:a. An educational institution licensed by the State Board for Private Postsecondary Education, b. A public educational institution or a program funded by a local, state or federal governmental age…

A.Organization and Administration: A certified medication assistant (CMA) program may only be offered by those entities identified in A.R.S § 32-1650.01(A). B.Instructor qualifications and duties1. A medication assistant program instructor shall:a. Hold a current, registered nurs…

A. An applicant for initial training program approval shall submit an application packet to the Board at least 90 days before the expected starting date of the program. An applicant shall submit application documents in an electronic format. B. The Board may impose disciplinary a…

A. Deficiencies and rescission of approval 1. Upon determining that a training program has not complied with this Article, the Board s may issue a written notice of deficiency to the program. The Board shall establish a reasonable period of time, based upon the number and severit…

A. An applicant for initial licensed nursing assistant (LNA) licensure or CMA certification shall submit the following to the Board: 1. A verified application on a form furnished by the Board that provides the following information about the applicant: a. Full legal name and any …

A. An applicant for LNA or CMA by endorsement shall submit all of the information, documentation, and fees required in R4-19-806. B. An applicant who has been employed for less than one year shall list all employers during the past two years. C. An applicant for nursing assistant…

A. The Board shall collect the following fees related medication assistant certification: 1. Initial application for certification by exam, $50.00. 2. Fingerprint processing, $50.00. 5 3. Application for CMA certification by endorsement, $50.00. B.If an individual or entity submi…

A. An applicant for renewal of a LNA license or a CMA certificate shall: 1. Submit a verified application to the Board on a form furnished by the Board that provides all of the following information about the applicant: a. Full legal name, address of record including county of re…

A. The Board shall maintain a Certified Nursing Assistant (CNA) Registry and a Licensed Nursing Assistant (LNA) Registry. All individuals listed in either Registry shall provide proof to the Board, either directly or through the Board's test vendor, of legal presence in the Unite…

Notes Ariz. Admin. Code § R4-19-811 New Section adopted by final rulemaking at 6 A.A.R. 757, effective February 4, 2000 (Supp. 00-1). Amended by final rulemaking at 20 A.A.R. 1859, effective 9/8/2014. Amended by exempt rulemaking at 22 A.A.R. 1900, effective 7/1/2016. Repealed by…

A. An applicant, CNA, LNA, or CMA certificate holder shall notify the Board, in writing or electronically through the Board's website of any legal name change within 30 days of the change, and submit a copy of the official document verifying the name change. B. An applicant, CNA,…

A. A CNA or LNA may perform the following tasks as delegated by a licensed nurse: 1. Tasks for which the nursing assistant has been trained through the curriculum identified in R4-19-802, and 2. Tasks learned through in service or educational training if the task meets the follow…

For purposes of A.R.S. § 32-1601(22)(d), a practice or conduct that is or might be harmful or dangerous to the health of a patient or the public and constitutes a basis for disciplinary action on a LNA license and a CMA certificate includes the following: 1. Failing to maintain p…

A. A person whose LNA license or CMA certificate was denied, revoked, or voluntarily surrendered according to A.R.S. § 32-1663 may apply to the Board to issue or re-issue the license or certificate: 1. Five years from the date of denial or revocation, or 2. In accordance with the…

A. Organization and Administration: An LHA program may be offered only by an entity: 1. Approved by Board; 2. Approved by the Arizona Department of Health Services as a Medicare-certified home health agency service provider; and 3. That meets the requirements of A.R.S. § 36-2939.…

A. An applicant for initial training program approval shall submit an electronic application packet to the Board at least 90 days before the expected starting date of the program. B. A program applying for initial approval shall include all of the following in its application pac…

A. The Board may take disciplinary action against an LHA program, including rescinding program approval, for any of the following acts of unprofessional conduct: 1. Failing to comply with Board requirements within designated timeframes; 2. Making a false, inaccurate or misleading…

A. An applicant for initial licensed health aide (LHA) licensure shall submit the following to the Board: 1. A verified application on a form furnished by the Board that provides the following information about the applicant: a. Full legal name and any and all former names used b…

In addition to the definitions provided in A.R.S. § 23-1382, the following terms apply to this Chapter: "Act" means the Agricultural Employment Relations Act, A.R.S. Title 23, Chapter 8, Article 5, § 23-1381, et seq. "Administrative Law Judge" or "ALJ" means an individual, or the…

A. A dispute between an independent contractor and agricultural employees or their representative shall not be deemed to be a labor dispute involving the farm or ranch, or the owner, lessee, or operator of the farm or ranch. A person shall not use a picket sign unless the sign cl…

A. The attorney of a party to a proceeding under investigation by the Board shall promptly file a notice of appearance with the Board. Once filed, the notice shall remain in effect for the duration of the proceeding, or until the Board is notified, in writing, that the attorney i…

A. A person serving a petition for election, petition for decertification, objection to an election, or subpoena shall serve according to A.R.S. § 23-1391(C). B. Other than documents listed in subsection (A), or as provided in A.R.S. § 23-1391(C), documents may be filed with the …

In computing any period of time prescribed by this Chapter, by order of the Board, or by any applicable statute, the day of the act or event from which the designated period of time begins to run is not included. If the prescribed period of time is less than 11 days, intermediate…

A. A petition for certification election filed under A.R.S. § 23-1389(C) by an agricultural employee, a group of agricultural employees, an individual, or a labor organization acting on the employees' behalf, shall be signed under oath and shall contain the following information:…