SB 1210 — funeral services regulation; DHS

For AN extension of an interim alkaline hydrolysis facility permit, a fee in an amount to be determined by the boardboard. DEPARTMENT.

The board DEPARTMENT shall establish and collect the following examination fees:

C.

The board DEPARTMENT shall establish and collect the following license and registration issuance fees:

1210 1.C.

ForB. a funeral director license, $85.

The board DEPARTMENT shall establish and collect the following license and registration issuance fees IN AN AMOUNT TO BE DETERMINED BY THE DEPARTMENT FOR EACH OF THE FOLLOWING:

1.

For A funeral director license, $85.

For anAn embalmer license, $85.

For aA cremationist license, $85.

For anAn alkaline hydrolysis facility license, a fee in an amount to be determined by the boardboard. DEPARTMENT.

For anAn alkaline hydrolysis operator license, a fee in an amount to be determined by the boardboard. DEPARTMENT.

TheC. board DEPARTMENT shall establish and collect the following renewal fees:

The board DEPARTMENT shall establish and collect the following renewal fees IN AN AMOUNT TO BE DETERMINED BY THE DEPARTMENT FOR EACH OF THE FOLLOWING:

For aA funeral director license, $85.

For anAn embalmer license, $85.

For anAn establishment license, $4 for each disposition performed by the establishment during the immediately preceding calendar year.

4.

5.4.

For aA crematory license, $200 per retort.

6.5.

For aA cremationist license, $85.

7.6.

For anAn alkaline hydrolysis facility license, a fee in an amount to be determined by the boardboard. DEPARTMENT.

8.7.

For anAn alkaline hydrolysis operator license, a fee in an amount to be determined by the boardboard. DEPARTMENT.

TheD. board DEPARTMENT shall establish and collect the following fees:

The board DEPARTMENT shall establish and collect the following fees IN AN AMOUNT TO BE DETERMINED BY THE DEPARTMENT FOR EACH OF THE FOLLOWING:

For aA duplicate license or registration, $25.

For aA reexamination:

(a) Forfor a state laws and rules examination, $50.

For lateLate renewal of a licensee or registration, $35.

4.- 14 - S.B.

For1210 late4. renewal of an establishment license or endorsement, $60.

For Late renewal of an establishment license or endorsement, $60.

For inactiveInactive licensure or registration, $25.

For reinstatementReinstatement of an inactive license, $50.

For anAn interim funeral establishment permit, $25.

-9. 14 - S.B.

1210 9.

For filingFiling an annual trust report, a fee of not more than $200.

For filingFiling a late or incomplete annual trust report, a penalty of not more than $200.

Sec.- 15 - S.B.

1210 Sec.

-B. 15 - S.B.

1210 B.

C.3.

BE A GRADUATE OF AN ACCREDITED OR PROVISIONALLY ACCREDITED SCHOOL OF MORTUARY SCIENCE.

4.

HAVE SUCCESSFULLY ASSISTED IN EMBALMING AT LEAST TWENTY-FIVE DEAD HUMAN BODIES.

- 16 - S.B.

1210 C.

-3. 16 - S.B.

1210BE Sec.A GRADUATE OF AN ACCREDITED OR PROVISIONALLY ACCREDITED SCHOOL OF MORTUARY SCIENCE.

4.

HAVE SUCCESSFULLY ASSISTED IN ARRANGING AND DIRECTING AT LEAST TWENTY-FIVE FUNERALS.

C.

AN APPLICANT FOR LICENSURE UNDER THIS SECTION MAY NOT HAVE A DISQUALIFYING CRIMINAL HISTORY AS DETERMINED BY THE DEPARTMENT PURSUANT TO SECTION 41-1093.04.

Sec.

Sec.- 17 - S.B.

1210 Sec.

The board DEPARTMENT shall review the application for a multiple funeral director license, and, if it is reasonable to believe that the -funeral 17establishments -can S.B.be adequately supervised and managed by the applicant, the board DEPARTMENT shall issue the license.

1210 funeral establishments can be adequately supervised and managed by the applicant, the board DEPARTMENT shall issue the license.

StateNational equivalentboard examination;examination A.

nationalA boardperson who desires to take either the funeral service science section or the funeral service arts section of the state equivalent NATIONAL BOARD examination A.shall submit to the board DEPARTMENT:

A- person18 who- desiresS.B. to take either the funeral service science section or the funeral service arts section of the state equivalent examination shall submit to the board DEPARTMENT:

1210 1.

The board DEPARTMENT shall schedule and administer the state equivalent examination at least once each year.

The state equivalent examination shall consist of a two part TWO-PART written examination with at least seventy questions.

B.

-D. 18 - S.B.

1210C. D.

The board DEPARTMENT shall accept a passing score that an applicant achieved on a state equivalent examination or a THE national board examination taken within the five years immediately preceding the date that the applicant filed a license application with the board DEPARTMENT.

An applicant who fails to pass the state equivalent NATIONAL BOARD examination or the state laws and rules examination may retake the examination within one year after the date that the applicant filed a license- application19 with- theS.B. board DEPARTMENT.

A1210 personlicense whoapplication desireswith to retake an examination shall request that the board DEPARTMENTDEPARTMENT. schedule a second examination and shall submit the applicable fee pursuant to section 32-1309.

A person who desires to retake an THE STATE LAWS AND RULES examination shall request that the board DEPARTMENT schedule a second examination and shall submit the applicable fee pursuant to section 32-1309.

An applicant who fails to pass the state equivalent NATIONAL BOARD examination or the state laws and rules examination within one year after the date that the applicant originally filed a license application shall submit a new license application and the applicable fee pursuant to section 32-1309.

-Sec. 19 - S.B.

1210 Sec.

Sec.- 20 - S.B.

1210 Sec.

A responsible funeral director who is licensed under this article shall notify the board DEPARTMENT in writing within five business -days 20after -a S.B.change in employment, excluding Saturdays, Sundays and other legal holidays.

1210 days after a change in employment, excluding Saturdays, Sundays and other legal holidays.

Sec.- 21 - S.B.

1210 Sec.

-C. 21 - S.B.

1210 C.

The board DEPARTMENT may prescribe in its rules the number of hours- of22 continuing- educationS.B. required each year, not to exceed sixteen SIX hours, and the subject matter that shall TO be covered.

1210 hours of continuing education required each year, not to exceed sixteen SIX hours, and the subject matter that shall TO be covered.

-Sec. 22 - S.B.

1210 Sec.

THIS PARAGRAPH DOES NOT APPLY IF THE ALKALINE HYDROLYSIS FACILITY IS OPERATED OR SUPERVISED BY A LICENSEDRESPONSIBLE FUNERALCREMATIONIST. DIRECTOR.

3.- 23 - S.B.

1210 3.

Submit a completed fingerprint card and the prescribed fingerprint records check fee to the board DEPARTMENT OF HEALTH SERVICES -to 23enable -the S.B.board DEPARTMENT OF HEALTH SERVICES or the department of public safety to conduct a criminal records check.

1210 to enable the board DEPARTMENT OF HEALTH SERVICES or the department of public safety to conduct a criminal records check.

AN APPLICANT FOR LICENSURE UNDER THIS SECTION MAY NOT HAVE A DISQUALIFYING CRIMINAL HISTORY AS DETERMINED BY THE DEPARTMENT PURSUANT TO SECTION 41-1093.04.

C.

D.

A PERSON DOES NOT NEED TO BE LICENSED AS AN ALKALINE HYDROLYSIS OPERATOR IN ORDER TO PRACTICE AS AN ALKALINE HYDROLYSIS OPERATOR IF THE ALKALINE HYDROLYSIS FACILITY IS OPERATED OR SUPERVISED BY A LICENSEDRESPONSIBLE FUNERALCREMATIONIST DIRECTOR OR ANOTHER PERSON WHO IS A LICENSED ALKALINE HYDROLYSIS OPERATOR.

E.

Sec.- 24 - S.B.

1210 Sec.

-2. 24 - S.B.

1210 2.

Sec.- 25 - S.B.

1210 Sec.

-1. 25 - S.B.

1210 1.

G.- 26 - S.B.

1210 G.

-Sec. 26 - S.B.

1210 Sec.

ProhibitionLicensed ofembalmers; embalming by certain persons;

supervision;

A licensed intern or student EXCEPT THAT ANOTHER PERSON WHO IS EMPLOYED BY A FUNERAL ESTABLISHMENT AND ON A PATHWAY TO LICENSURE may only embalm a dead human body under the direct supervision of a licensed embalmer.

Sec.C.

40.FOR THE PURPOSES OF THIS SECTION, A PERSON IS ON A PATHWAY TO LICENSURE IF BOTH OF THE FOLLOWING APPLY:

Title 32, chapter 12, article 3, Arizona Revised Statutes, is amended by adding section 32-1361.01, to read:

32-1361.01.

Licensed funeral director;

funeral establishments, crematories and alkaline hydrolysis facilities;

licensed cremationist;

licensed alkaline hydrolysis operator EACH FUNERAL ESTABLISHMENT, CREMATORY OR ALKALINE HYDROLYSIS FACILITY THAT IS LICENSED UNDER THIS CHAPTER MUST BE OPERATED OR SUPERVISED BY A LICENSED FUNERAL DIRECTOR, EXCEPT THAT INSTEAD OF A LICENSED FUNERAL DIRECTOR:

ATHE CREMATORYPERSON MAYHAS BEBEEN OPERATEDEMPLOYED OR SUPERVISED BY A LICENSEDFUNERAL CREMATIONIST.ESTABLISHMENT FOR NOT MORE THAN THREE YEARS.

ANTHE ALKALINEPERSON HYDROLYSISINTENDS FACILITYTO MAYBECOME BELICENSED OPERATEDAFTER ASSISTING IN EMBALMING AT LEAST TWENTY-FIVE DEAD HUMAN BODIES OR SUPERVISEDASSISTING BYIN AARRANGING LICENSEDAND ALKALINEDIRECTING HYDROLYSISAT OPERATOR.LEAST TWENTY-FIVE FUNERALS.

Sec.- 27 - S.B.

41.1210 Sec.

40.

-D. 27 - S.B.

1210 D.

The decision of a crematory, cemetery or funeral establishment to cremate or otherwise provide for the lawful disposition of a dead human body in reliance on the direction of a person who claims to be the authorizing agent is presumed to be in good faith unless- the28 crematory,- cemeteryS.B. or funeral establishment has actual knowledge that the claim is false.

1210 unless the crematory, cemetery or funeral establishment has actual knowledge that the claim is false.

-J. 28 - S.B.

1210 J.

42.41.

3.- 29 - S.B.

1210 3.

43.42.

The board DEPARTMENT shall conduct an investigation when it receives a written complaint that appears to show the existence of any -grounds 29for -disciplinary S.B.action under this chapter or rules adopted pursuant to this chapter.

1210 grounds for disciplinary action under this chapter or rules adopted pursuant to this chapter.

3.- 30 - S.B.

1210 3.

-4. 30 - S.B.

1210 4.

The board DEPARTMENT also may grant- a31 rehearing- onS.B. its own motion if it finds newly discovered evidence or for any other reason that justifies a reconsideration of a matter.

1210 grant a rehearing on its own motion if it finds newly discovered evidence or for any other reason that justifies a reconsideration of a matter.

-M. 31 - S.B.

1210 M.

44.43.

The board DEPARTMENT shall deposit, pursuant to sections 35-146 and 35-147, all monies collected pursuant to this section in the board of funeral directors' and embalmers' DIRECTORSHEALTH SERVICES LICENSING fund ESTABLISHED BY SECTION 32-130836-414 to defray the board's DEPARTMENT'S expenses in connection with disciplinary investigations and hearings.

45.44.

In addition to all other remedies, if it appears to the board DEPARTMENT, either on complaint or otherwise, that any person has engaged in- or32 is- engagingS.B. in any act, practice or transaction that constitutes a violation of this chapter, of title 44, chapter 10, article 7 or of any rule adopted pursuant to this chapter, the board DEPARTMENT may either:

1210 in or is engaging in any act, practice or transaction that constitutes a violation of this chapter, of title 44, chapter 10, article 7 or of any rule adopted pursuant to this chapter, the board DEPARTMENT may either:

-B. 32 - S.B.

1210 B.

46.45.

Sec.- 33 - S.B.

47.1210 Sec.

46.

48.47.

A licensee or registrant shall not enter into a contract to furnish funeral goods or AND services in connection with the burial or other disposition of a dead human body until the licensee or registrant has first delivered to the potential purchaser a written or printed statement of funeral goods and services that contains the following -information, 33if -this S.B.information is available at the time the contract is executed:

1210 information, if this information is available at the time the contract is executed:

B.- 34 - S.B.

1210 B.

A funeral director shall certify a statement of funeral goods and services with the funeral director's license number and signature -before 34conducting -final S.B.services or within five days after the purchaser signs the statement, whichever is earlier.

1210 before conducting final services or within five days after the purchaser signs the statement, whichever is earlier.

49.48.

50.49.

A licensee or registrant AUTHORIZED EMPLOYEE shall provide accurate information about the retail prices of funeral goods or AND services readily available for sale at the FUNERAL establishment at which the licensee or registrant AUTHORIZED EMPLOYEE is employed to any person inquiring about these prices by telephone.

IfA aLICENSEE personOR requestsAUTHORIZED aEMPLOYEE priceMAY listPROVIDE byPRICES telephone,DESCRIBED theIN FUNERALSUBSECTION establishmentA shallOF mailTHIS aSECTION priceBY listTELEPHONE, toBY theELECTRONIC callerMEANS andOR mayBY chargeMAIL. a reasonable postage and handling fee of not more than two dollars $2.

Sec.B.

51.C.

If a person requests a price list by telephone TO BE SENT BY MAIL, the FUNERAL establishment shall mail a price list to the caller and may charge a reasonable postage and handling fee of not more than two dollars $2.

- 35 - S.B.

1210 Sec.

50.

52.51.

relation to federal trade commission regulations Except as authorized by the provisions of this article, rules adopted by the board DEPARTMENT to implement this article shall be at least as stringent as federal trade commission regulations relating to funeral industry practices as authorized by the federal trade commission -act 35as -amended S.B.and in effect on July 19, 1994 (16 Code of Federal Regulations part 453).

1210 act as amended and in effect on July 19, 1994 (16 Code of Federal Regulations part 453).

53.52.

54.53.

(b) A preparation room meeting THAT MEETS minimum requirements adopted by the board DEPARTMENT, that is maintained at all times in a sanitary and professional manner, with THAT HAS sanitary flooring, drainage- and36 ventilation- andS.B. that is equipped with instruments and supplies necessary for the protection of TO PROTECT the health and safety of the public and THE employees of the FUNERAL establishment in connection with the preparation PREPARING and embalming of dead human bodies.

1210 drainage and ventilation and that is equipped with instruments and supplies necessary for the protection of TO PROTECT the health and safety of the public and THE employees of the FUNERAL establishment in connection with the preparation PREPARING and embalming of dead human bodies.

-Sec. 36 - S.B.

121054. Sec.

55.

D.- 37 - S.B.

1210 D.

56.55.

The board DEPARTMENT shall issue an interim permit to a new owner of a licensed funeral establishment to allow the new owner to continue the operation of the FUNERAL establishment during the period that -the 37new -owner's S.B.license application is pending if the following conditions are met:

1210 the new owner's license application is pending if the following conditions are met:

Until an interim permit is issued, the board DEPARTMENT shall keep confidential all notices filed with the board DEPARTMENT by the prospective- new38 owner- ofS.B. a licensed funeral establishment pursuant to this section.

1210 prospective new owner of a licensed funeral establishment pursuant to this section.

57.56.

58.57.

The application shall be subscribed under oath and shall be accompanied by the applicable fee -pursuant 38to -section S.B.32-1309.

1210 pursuant to section 32-1309.

59.58.

6.- 39 - S.B.

1210 6.

-Sec. 39 - S.B.

121059. Sec.

60.

61.60.

2.- 40 - S.B.

1210 2.

62.61.

On -beginning 40a -discussion S.B.regarding prearranged funeral agreements, a registered prearranged funeral salesperson or a licensed insurance producer who a funeral establishment employs or contracts with to sell prearranged funeral agreements funded by insurance PERSON AFFILIATED WITH THE FUNERAL ESTABLISHMENT shall present the price list to the consumer.

1210 beginning a discussion regarding prearranged funeral agreements, a registered prearranged funeral salesperson or a licensed insurance producer who a funeral establishment employs or contracts with to sell prearranged funeral agreements funded by insurance PERSON AFFILIATED WITH THE FUNERAL ESTABLISHMENT shall present the price list to the consumer.

If the PREARRANGED FUNERAL agreement is a prearranged funeral agreement funded by trust, the FUNERAL establishment has been issued a prearranged funeral sales endorsement to its license and the salesperson has- been41 issued- aS.B. prearranged funeral salesperson registration by the board allowing the FUNERAL establishment and the person to sell prearranged funeral agreements funded by trust.

1210 has been issued a prearranged funeral salesperson registration by the board allowing the FUNERAL establishment and the person to sell prearranged funeral agreements funded by trust.

63.62.

-4. 41 - S.B.

1210 4.

If the department OF INSURANCE AND FINANCIAL INSTITUTIONS determines after investigation INVESTIGATING or examination of EXAMINING a prearranged funeral trust account that a violation of any provision of this article has occurred, it shall send a written report to the board DEPARTMENT OF HEALTH SERVICES within thirty days of AFTER completion of the- investigation42 or- examinationS.B. that includes an identification of the violation and any relevant documents.

1210 the investigation or examination that includes an identification of the violation and any relevant documents.

64.63.

All EACH financial institutions INSTITUTION with trust funds deposited pursuant to this article shall at least quarterly send a copy to the department OF INSURANCE AND FINANCIAL INSTITUTIONS of each -cancellation 42request -or S.B.death certificate it THE FINANCIAL INSTITUTION has received that resulted in a withdrawal of funds from the trust account.

1210 cancellation request or death certificate it THE FINANCIAL INSTITUTION has received that resulted in a withdrawal of funds from the trust account.

65.64.

The total monies intended to be deposited- in43 this- PREARRANGEDS.B. FUNERAL trust account over the term of the agreement is $______________.

1210 deposited in this PREARRANGED FUNERAL trust account over the term of the agreement is $______________.

The prices of the funeral goods and services you -have 43requested -will S.B.be the prices in effect at the time of the future funeral arrangements.

1210 have requested will be the prices in effect at the time of the future funeral arrangements.

You have agreed that the funeral establishment shall receive ________% of all interest accruing on the trust fund if it performs the future funeral- arrangements44 as- requiredS.B. by this PREARRANGED FUNERAL agreement.

1210 funeral arrangements as required by this PREARRANGED FUNERAL agreement.

If any of these persons are unavailable, the substitution of funeral goods shall be determined by rules established by -the 44board -DEPARTMENT. S.B.

1210 the board DEPARTMENT.

66.65.

2.- 45 - S.B.

1210 2.

-(b) 45Funeral -establishments S.B.that sold one hundred or more but fewer than two hundred fifty prearranged funeral agreements funded by trust during the immediately preceding calendar year.

1210 (b) Funeral establishments that sold one hundred or more but fewer than two hundred fifty prearranged funeral agreements funded by trust during the immediately preceding calendar year.

(e) A declaration from the designated funeral director that the funeral director has not been convicted of any felony or convicted of any other crime involving dishonesty, fraud, deception, misrepresentation, embezzlement or breach of fiduciary duty in any state or federal court within- the46 seven- yearS.B. SEVEN-YEAR period immediately preceding the date of application.

1210 within the seven year SEVEN-YEAR period immediately preceding the date of application.

-Sec. 46 - S.B.

121066. Sec.

67.

68.67.

Sec.- 47 - S.B.

69.1210 Sec.

68.

-2. 47 - S.B.

1210 2.

For the purposes of- this48 subsection,- "prearrangedS.B. funeral trust account" includes all prearranged funeral trust accounts or funds established pursuant to laws in existence before January 1, 1985.

1210 of this subsection, "prearranged funeral trust account" includes all prearranged funeral trust accounts or funds established pursuant to laws in existence before January 1, 1985.

70.69.

A licensed crematory shall provide appropriate training for its employees and is strictly accountable for compliance by both its licensed and unlicensed employees with the provisions of this article and all -applicable 48federal, -state S.B.and local rules and regulations regarding occupational and workplace health and safety.

1210 applicable federal, state and local rules and regulations regarding occupational and workplace health and safety.

71.70.

Sec.- 49 - S.B.

72.1210 Sec.

71.

If the board DEPARTMENT finds that the applicant meets the criteria for cremationist licensure under this section and under rules -adopted 49by -the S.B.board DEPARTMENT, the board DEPARTMENT shall issue a cremationist license.

1210 adopted by the board DEPARTMENT, the board DEPARTMENT shall issue a cremationist license.

73.72.

2.- 50 - S.B.

1210 2.

74.73.

-B. 50 - S.B.

1210 B.

E.- 51 - S.B.

1210 E.

75.74.

-Sec. 51 - S.B.

121075. Sec.

76.

77.76.

Cremating or causing the cremation of a dead human body before obtaining certification from the county medical examiner or person performing the duties of the county medical examiner pursuant to section 11-599 and, if the deceased person did not execute a document authorizing the deceased person's cremation pursuant to section 32-1365.01, before obtaining- express52 written- consentS.B. to cremate the body from the authorizing agent pursuant to section 32-1365.02.

1210 obtaining express written consent to cremate the body from the authorizing agent pursuant to section 32-1365.02.

Incidental and unavoidable residue remaining -in 52a -processor S.B.after a processing does not constitute a violation of this paragraph.

1210 in a processor after a processing does not constitute a violation of this paragraph.

78.77.

The crematory shall not open a container containing human remains, except under the personal supervision of a licensed funeral director or embalmer or a responsible- cremationist53 licensed- pursuantS.B. to this article and trained in crematory operations to manage the daily operation of the crematory.

1210 responsible cremationist licensed pursuant to this article and trained in crematory operations to manage the daily operation of the crematory.

-3. 53 - S.B.

1210 3.

A crematory may dispose of cremated or processed remains in any legal manner directed by a document prepared pursuant to section 32-1365.01- or54 agreed- toS.B. by the authorizing agent.

1210 32-1365.01 or agreed to by the authorizing agent.

Unless the deceased has prepared a document pursuant to section 32-1365.01, employees of the crematory shall not remove a dead human body from the container in which it is delivered to the crematory without the -express 54written -consent S.B.of the authorizing agent.

1210 express written consent of the authorizing agent.

79.78.

3.- 55 - S.B.

1210 3.

The owner, THE agent, AN officer, A director or partner, A trust beneficiary holding ten per cent PERCENT or more beneficial interest or, -if 55a -corporation, S.B.any stockholder owning ten per cent PERCENT or more of the stock in such corporation has:

1210 if a corporation, any stockholder owning ten per cent PERCENT or more of the stock in such corporation has:

C.- 56 - S.B.

1210 C.

-E. 56 - S.B.

1210 E.

The commissioner On the commissioner's own motion or if the commissioner has received a complaint and has satisfactory evidence that any of the grounds exist as provided in subsection B of this section or that any person has engaged in any unlawful practice as defined in section 44-1522 with respect to the sale of cemetery plots or has deviated from the conditions under which the certificate of authority was issued, before or after the commissioner issues the certificate of authority as provided in this section, THE COMMISSIONER may conduct an investigation of such matter, issue a summary order as provided in section 32-2157, or hold a public hearing and, after the hearing, may issue such order or orders as the commissioner deems necessary to protect the public interest and ensure compliance with the law, rules or certificate of authority, or the commissioner- may57 bring- anS.B. action in any court of competent jurisdiction against the person to enjoin the person from continuing such A violation or engaging in a violation or doing any act or acts in furtherance of a violation.

1210 commissioner may bring an action in any court of competent jurisdiction against the person to enjoin the person from continuing such A violation or engaging in a violation or doing any act or acts in furtherance of a violation.

The court on receipt of an application for the appointment of a receiver or for a writ of ne exeat, or both, shall examine the verified application of the commissioner and such other evidence that the -commissioner 57may -present S.B.to the court.

1210 commissioner may present to the court.

79.

Section 36-414, Arizona Revised Statutes, is amended to read:

36-414.

Health services licensing fund;

exemption A.

The health services licensing fund is established consisting of monies deposited pursuant to sections 30-654, 32-1308, 32-2805, 36-405, 36-851.01, 36-882, 36-897.01 and 36-1903.

The department of health services shall administer the fund.

B.

Monies in the fund are subject to legislative appropriation.

C.

Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

- 58 - S.B.

1210 Sec.

Appealable agency actions do not include interim orders by self-supporting regulatory boards, rules, orders, standards or statements of policy of general application issued by an -administrative 58agency -to S.B.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.

1210 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.

7.- 59 - S.B.

1210 7.

-(u) 59(t) -The S.B.state board of podiatry examiners.

1210 (u) (t) The state board of podiatry examiners.

Sec.- 60 - S.B.

1210 Sec.

-G. 60 - S.B.

1210 G.

H.

Notwithstanding section 32-1309, Arizona Revised Statutes, as amended by this act, all fees that are authorized by section 32-1309, Arizona Revised Statutes, remain in effect until the department of health services establishes fees through the rulemaking process.

Use of monies Notwithstanding any other law, the department of health services may use up to $870,000 from the health services licensing fund established by - 61 - S.B.

1210 section 36-414, Arizona Revised Statutes, as amended by this act, to assist in the transference of authority, powers, duties and responsibilities from the state board of funeral directors and embalmers to the department of health services.

Sec.

85.

-Sec. 61 -

86.

Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.

APPROVED BY THE GOVERNOR JUNE 20, 2023.

FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 20, 2023.

- 62 -