Senate Engrossed House Bill |
State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HOUSE BILL 2545 |
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AN ACT
Amending title 32, chapter 32, ARTICLE 1, Arizona Revised Statutes, by adding SECTION 32-3213; amending title 32, CHAPTER 44, ARticle 1, Arizona Revised Statutes, by adding section 32-4404; relating to professions and occupations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3213, to read:
32-3213. Board actions; records; website; compliance deadline
A. Unless otherwise provided in this title, If a health profession regulatory board dismisses a complaint, the record of that complaint is available to that regulatory board and the public at all times but may not appear on the board's website. For the purposes of this subsection, "dismisses a complaint" means that a board does not issue a disciplinary or nondisciplinary order or action against a licensee or certificate holder.
B. Nondisciplinary actions shall not appear on any board's website.
C. If a health profession regulatory board issues a nondisciplinary order or action against a licensee or certificate holder, the record of the nondisciplinary order or action is available to that board and the public at all times but may not appear on the board's website.
D. If a health profession regulatory board issues an advisory letter or letter of concern or imposes a practice limitation, documentation of that action is available to that board and the public at all times and may appear on the board's website, regardless of whether the board defines the action as a disciplinary or nondisciplinary action.
E. If a health profession regulatory board maintains a website, the board must display on its website a statement that a person may obtain additional public records related to any licensee or certificate holder, including dismissed complaints and nondisciplinary actions and orders, by contacting the board directly.
F. This section does not prohibit a health profession regulatory board from conducting its authorized duties in a public meeting.
G. A health profession regulatory board must comply with the requirements of this section on or before January 1, 2012.
Sec. 2. Title 32, chapter 44, article 1, Arizona Revised Statutes, is amended by adding section 32-4404, to read:
32-4404. Board actions; records; website; compliance deadline
A. Unless otherwise provided in this title, if a nonhealth profession regulatory board dismisses a complaint, the record of that complaint is available to that regulatory board and the public at all times but may not appear on the board's website. For the purposes of this subsection, "dismisses a complaint" means that a board does not issue a disciplinary or nondisciplinary order or action against a licensee or certificate holder.
B. Nondisciplinary actions shall not appear on any board's website.
C. If a nonhealth profession regulatory board issues a nondisciplinary order or action against a licensee or certificate holder, the record of the nondisciplinary order or action is available to that board and the public at all times but may not appear on the board's website.
D. If a nonhealth profession regulatory board issues an advisory letter or letter of concern or imposes a practice limitation, documentation of that action is available to that board and the public at all times and may appear on the board's website, regardless of whether the board defines the action as a disciplinary or nondisciplinary action.
E. If a nonhealth profession regulatory board maintains a website, the board must display on its website a statement that a person may obtain additional public records related to any licensee or certificate holder, including dismissed complaints and nondisciplinary actions and orders, by contacting the board directly.
F. This section does not prohibit a nonhealth profession regulatory board from conducting its authorized duties in a public meeting.
G. A nonhealth profession regulatory board must comply with the requirements of this section on or before January 1, 2012.