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REFERENCE TITLE: chiropractic board; personnel; civil immunity |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2410 |
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Introduced by Representatives Antenori, Gowan: Burges, Hendrix, Jones, Montenegro, Seel, Stevens, Senator Nelson
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AN ACT
amending sections 12-820.01, 12-820.02, 32-901 and 32-905, Arizona Revised Statutes; relating to the state board of chiropractic examiners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-820.01, Arizona Revised Statutes, is amended to read:
12-820.01. Absolute immunity; applicability
A. A public entity shall not be liable for acts and omissions of its employees constituting either of the following:
1. The exercise of a judicial or legislative function.
2. The exercise of an administrative function involving the determination of fundamental governmental policy.
B. The determination of a fundamental governmental policy involves the exercise of discretion and shall include, but is not limited to:
1. A determination of whether to seek or whether to provide the resources necessary for any of the following:
(a) The purchase of equipment.
(b) The construction or maintenance of facilities.
(c) The hiring of personnel.
(d) The provision of governmental services.
2. A determination of whether and how to spend existing resources, including those allocated for equipment, facilities and personnel.
3. The licensing and regulation of any profession or occupation.
4. The establishment, implementation and enforcement of minimum safety standards for light rail transit systems.
c. This section does not apply to the state board of chiropractic examiners established by section 32-901.
Sec. 2. Section 12-820.02, Arizona Revised Statutes, is amended to read:
12-820.02. Qualified immunity; applicability
A. Unless a public employee acting within the scope of the public employee's employment intended to cause injury or was grossly negligent, neither a public entity nor a public employee is liable for:
1. The failure to make an arrest or the failure to retain an arrested person in custody.
2. An injury caused by an escaping or escaped prisoner or a youth committed to the department of juvenile corrections.
3. An injury resulting from the probation, community supervision or discharge of a prisoner or a youth committed to the department of juvenile corrections, from the terms and conditions of the prisoner's or youth's probation or community supervision or from the revocation of the prisoner's or youth's probation, community supervision or conditional release under the psychiatric security review board.
4. An injury caused by a prisoner to any other prisoner or an injury caused by a youth committed to the department of juvenile corrections to any other committed youth.
5. The issuance of or failure to revoke or suspend any permit, license, certificate, approval, order or similar authorization for which absolute immunity is not provided pursuant to section 12‑820.01.
6. The failure to discover violations of any provision of law when inspections are done of property other than property owned by the public entity in question.
7. An injury to the driver of a motor vehicle that is attributable to the violation by the driver of section 28‑693, 28‑1381 or 28‑1382.
8. The failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under any federal law or any law of this state.
9. Preventing the sale or transfer of a handgun to a person who may lawfully receive or possess a handgun.
10. The failure to detain a juvenile taken into temporary custody or arrested for a criminal offense or delinquent or incorrigible act in the appropriate detention facility, jail or lockup described in section 8‑305.
B. The qualified immunity provided in this section applies to a public entity or public employee if the injury or damage was caused by a contractor's employee or a contractor of a public entity acting within the scope of the contract. The qualified immunity provided in this section does not apply to the contractor or the contractor's employee.
C. This section does not apply to the executive director or other personnel of the state board of chiropractic examiners.
Sec. 3. Section 32-901, Arizona Revised Statutes, is amended to read:
32-901. Board of chiropractic examiners; removal
A. There shall be A state board of chiropractic examiners is established consisting of three licensed chiropractors and two consumer members appointed by the governor. One member shall be appointed each year for a term of five years, to begin and end on July 1.
B. Each member of the board shall be a resident of this state, and each of the licensed chiropractic members shall have practiced chiropractic in this state for not less than three years. No two chiropractic members of the board shall be graduates of the same school or college of chiropractic. The two consumer members of the board shall not be in any manner connected with, or have an interest in, any college or school of chiropractic or any person practicing any form of healing or treatment of bodily or mental ailments. A board member shall not receive compensation as an agent or employee of or a contractor for an insurance company. This subsection does not prevent a board member who is a licensed chiropractor from receiving compensation from an insurance company for patient care as provided for in a patient's insurance policy.
C. Board members, prior to entering upon their duties, shall take an oath prescribed by law and in addition shall make an oath as to their qualifications as prescribed in this section.
D. Board members may be removed by the governor for neglect of duty, malfeasance or misfeasance in office. Vacancies occurring on the board other than by expiration of a term shall be filled for the unexpired portion of the term by appointment in the same manner as regular appointments.
E. No member of the board may serve more than two consecutive terms.
F. A board member who acts within his authority is personally immune from civil liability with respect to all actions he takes in good faith pursuant to this chapter.
Sec. 4. Section 32-905, Arizona Revised Statutes, is amended to read:
32-905. Executive director of board; duties; other personnel
A. The board shall appoint an executive director who is not a member of the board and who shall serve at the pleasure of the board.
B. The executive director shall:
1. Keep a record of the proceedings of the board.
2. Collect all monies due and payable to the board.
3. Deposit, pursuant to sections 35‑146 and 35‑147, all monies received by the board in the board of chiropractic examiners fund.
4. Prepare bills for authorized expenditures of the board and obtain warrants from the director of the department of administration for payment of bills.
5. Administer oaths.
6. Act as custodian of the seal, books, minutes, records and proceedings of the board.
7. At the request of the board, do and perform any other duty not prescribed for the executive director elsewhere in this chapter.
C. The board may employ other permanent and temporary personnel as it deems necessary to carry out the purposes of this chapter.
D. The executive director and a person acting pursuant to the executive director's direction is personally immune from civil liability for all actions taken in good faith pursuant to this chapter.