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REFERENCE TITLE: physicians; free clinics; licensure exemption |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HB 2304 |
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Introduced by Representative Farnsworth
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AN ACT
Amending section 12‑571, Arizona Revised Statutes; Amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding section 32-3216; relating to health professionals.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-571, Arizona Revised Statutes, is amended to read:
12-571. Qualified immunity; health professionals; nonprofit clinics; previously owned prescription eyeglasses
A. A health professional, as defined in section 32‑3201 or as prescribed pursuant to 32-3216, who provides medical or dental treatment within the scope of the health professional's certificate or license at a nonprofit clinic where neither the professional nor the clinic receives compensation for any treatment provided at the clinic is not liable in a medical malpractice action, unless such health professional was grossly negligent.
B. A health professional who, within the professional's scope of practice, provides previously owned prescription eyeglasses free of charge through a charitable, nonprofit or fraternal organization is not liable for an injury to the recipient if the recipient or the recipient's parent or legal guardian has signed a medical malpractice release form and the injury is not a direct result of the health professional's intentional misconduct or gross negligence. For purposes of this subsection, "medical malpractice release form" means a document that the recipient or the recipient's parent or legal guardian signs before the recipient receives eyeglasses pursuant to this subsection to acknowledge that the eyeglasses were not made specifically for the recipient and to accept full responsibility for the recipient's eye safety.
Sec. 2. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3216, to read:
32-3216. Exception from licensure or regulation requirements; registration; report; definitions
A. Notwithstanding any other law, a health professional who provides free services at a free medical clinic that does not provide abortions may do so without being licensed or otherwise authorized pursuant to this title if the health professional meets all of the following requirements:
1. Is licensed in good standing or otherwise duly authorized by a state health professional regulatory agency within a jurisdiction of the United States to practice the profession.
2. Restricts the health professional's authorized services and duties to the provision of free care or services at a free medical clinic.
3. Provides only the free care or services that the health professional is licensed or authorized to provide by a state health professional regulatory agency or a territory of the United States without exceeding the scope of practice authorized in this state.
4. Provides to the free medical clinic a copy of all current licenses or authorizations to practice held by the professional. The free medical clinic must retain these copies for two years. A health professional who has voluntarily surrendered the health professional's license in lieu of disciplinary action by a state regulatory agency is not eligible to provide services at a free medical clinic.
5. Attests in writing to the free medical clinic that the health professional's license or authorization to practice is not suspended or revoked pursuant to disciplinary proceedings in any jurisdiction. The sponsoring organization must retain this information for two years. A health professional who has had a license revoked in another jurisdiction is not eligible to provide services at a free medical clinic. Any practice restrictions resulting from a disciplinary action in another jurisdiction shall apply to services provided at a free medical clinic.
B. Before providing medical services under this section, a sponsoring organization must provide to the department of health services in an electronic format prescribed by the department a registration form that includes:
1. The name of the sponsoring organization.
2. The name of the principal individual or individuals who are the officers or organizational officials and who are responsible for the operation of the sponsoring organization.
3. The street address, city, zip code and county of the sponsoring organization's principal office and the same information for each principal or official listed in paragraph 2 of this subsection.
4. The telephone numbers for the principal office of the sponsoring agency and each principal or official listed in paragraph 2 of this subsection.
5. The location of the free medical clinic and the length of time it is anticipated to operate.
6. A statement that the sponsoring organization has verified that every health care professional participating in the free clinic is licensed or otherwise authorized to practice in good standing.
C. The sponsoring organization must notify the department in the electronic format prescribed by the department within thirty days after any change in the information required pursuant to subsection B of this section.
D. Within thirty days after any voluntary provision of health care services by a sponsoring organization registered under subsection B of this section, the sponsoring organization shall electronically file with the department a voluntary services report that contains the date, place and type and a general description of the services provided, together with a listing of all licensed and certified health care providers who participated in the provision of these health care services.
E. For the purposes of this section:
1. "Free medical clinic" means a temporary clinic at which medical services are offered for not more than fourteen days and that is not a health care institution as defined in section 36-401 that is subject to licensure by the department.
2. "Provision of free health care services" means providing the professional services of a health care provider, in association with a sponsoring organization, without charge to the recipient of those services.
3. "Sponsoring organization" means any organization that organizes or arranges for the provision of free health care services and that registers with the department of health services as a sponsoring organization pursuant to this section.