PREFILED    JAN 11 2010

REFERENCE TITLE: physical therapy services; business entities

 

 

 

State of Arizona

House of Representatives

Forty-ninth Legislature

Second Regular Session

2010

 

 

HB 2123

 

Introduced by

Representative Barto

 

 

AN ACT

 

amending title 32, chapter 19, article 2, Arizona Revised Statutes, by adding section 32-2030; relating to physical therapists.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 32, chapter 19, article 2, Arizona Revised Statutes, is amended by adding section 32-2030, to read:

START_STATUTE32-2030.  Business entities; patient records; protocol; exemptions; violation; classification

A.  A business entity may not offer physical therapy services pursuant to this chapter unless the business entity establishes a written protocol for the secure storage, transfer and access of the business entity's patient records.  This protocol must include, at a minimum, procedures for:

1.  Notifying patients of the future locations of their records if the business entity terminates or sells the practice.

2.  Disposing of unclaimed patient records.

3.  The timely response to requests by patients for copies of their records.

B.  This section does not apply to:

1.  A facility owned by a person who is licensed pursuant to this chapter.

2.  A sole proprietorship or partnership that consists of persons who are licensed pursuant to this chapter.

3.  A professional corporation or professional limited liability company, the shares of which are owned by persons who are licensed pursuant to this chapter.

4.  An administrator or executor of the estate of a deceased physical therapist or a person who is legally authorized to act for a physical therapist who has been adjudicated to be mentally incompetent for not more than one year after the date of the physical therapist's death or incapacitation.

C.  A business entity that offers physical therapy services pursuant to this chapter without complying with the requirements of this section is guilty of a class 6 felony. END_STATUTE