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REFERENCE TITLE: professional boards; actions; public access |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2520 |
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Introduced by Representative Heinz
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AN ACT
Amending sections 32-3214 and 32-4404, Arizona Revised Statutes; 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. Section 32-3214, Arizona Revised Statutes, is amended to read:
32-3214. Board actions; records; website; compliance deadline
A. 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 pursuant to section 39-121 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. 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, except that a practice limitation or restriction, and documentation relating to that action, may appear on the board's website.
C. 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.
D. C. 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.
E. D. This section does not prohibit a health profession regulatory board from conducting its authorized duties in a public meeting.
E. Subsections A and B of this section do not apply to meeting minutes and notices kept by the board in accordance with the public meeting requirements of title 38, chapter 3, article 3.1.
F. A health profession regulatory board must comply with the requirements of this section on or before January 1, 2012.
Sec. 2. Section 32-4404, Arizona Revised Statutes, is amended to read:
32-4404. Board actions; records; website; compliance deadline
A. 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 pursuant to section 39-121 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. 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, except that a practice limitation or restriction, and documentation relating to that action, may appear on the board's website.
C. 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.
D. C. 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.
E. D. This section does not prohibit a nonhealth profession regulatory board from conducting its authorized duties in a public meeting.
E. Subsections A and B of this section do not apply to meeting minutes and notices kept by the board in accordance with the public meeting requirements of title 38, chapter 3, article 3.1.
F. A nonhealth profession regulatory board must comply with the requirements of this section on or before January 1, 2012.