AzPANA

​Highlights of HB 2408

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The bill establishes three primary complaint categories for prioritization:

1. Sexual misconduct

2. Criminal assault or theft

3. Practicing while impaired
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HB 2408 would require complaints to be resolved within 180 days. Limited extensions would be permitted in circumstances such as subpoena delays or when investigations must be paused pending the outcome of external proceedings.

 

The legislation also introduces enhanced identification and participation requirements for complainants.

 

The bill outlines both mandatory and discretionary expungement provisions.

 

Mandatory expungement would apply to non-substantive violations, such as late license renewals or minor documentation deficiencies. Additional records could be expunged at the Board’s discretion if certain statutory conditions are met.

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AZBN’s Perspective

In its January 2026 eNewsletter, the Arizona State Board of Nursing expressed concerns regarding several elements of HB 2408. The Board has recommended broadening the prioritized complaint categories to include cases involving serious harm or risk of death.

 

The Board also cautioned that expungement of records may eliminate trend data that can serve as early indicators of risk. According to the AZBN, retaining historical data—at least internally—assists in identifying patterns and maintaining reliable disciplinary records for other states and employers that rely on Board reporting.

 

Additionally, the Board noted that the 180-day resolution requirement may not allow sufficient flexibility for high-risk or complex investigations. It expressed concern that strict timelines could create pressure to close cases prematurely in order to avoid statutory penalties for noncompliance. The AZBN has offered suggested amendments to clarify and refine the bill’s language.

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Support from AzNA

The Arizona Nurses Association (AzNA) has developed talking points in support of HB 2408 ahead of the 2026 Advocacy Day. The association views the bill as an important step toward addressing long standing delays in complaint resolution.

 

AzNA supports requiring complainant identification, stating that it may help reduce anonymous or bad-faith complaints. The association also supports adoption of the “clear and convincing” evidentiary standard, noting its alignment with standards used by other professional regulatory boards.

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Additional provisions supported by AzNA include:

• A 15-day window for licensees and their attorneys to review investigative files prior to Board consideration

• Allowing licensees who are required to undergo a psychological or medical evaluation to select an independent examiner, subject to Board approval
   

Members are encouraged to review the full bill language for additional detail as the legislative session progresses. It will be heard by the House Committee on Health & Human Services February 19th in order for it to still be considered going forward.