SB1149 - 521R

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

Section 1. Section 32-1403.01, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1403.01. Licensees; profiles; required information; updates; civil penalty

A. The board shall make available to the public a profile of each licensee. The board shall make this information available through an internet website and, if requested, in writing. The profile available to the public may not contain any information received from the federal bureau of investigation relating to a federal criminal records check. The profile shall contain the following information:

1. A description of any conviction of a felony. For purposes of this paragraph, a licensee is deemed to be convicted if the licensee pled guilty, pled no contest or was found guilty by a court of competent jurisdiction.

2. A description of any conviction of a misdemeanor involving moral turpitude that results in disciplinary action. For purposes of this paragraph, a licensee is deemed to be convicted if the licensee pled guilty, pled no contest or was found guilty by a court of competent jurisdiction.

3. All final board disciplinary actions.

4. Any medical malpractice court judgments and any medical malpractice awards or settlements in which a payment is made to a complaining party that results in disciplinary action.

5. The name and location of the licensee's medical school and the date of graduation.

6. The name and location of the institution from which the licensee received graduate medical education and the date that education was completed.

7. The licensee's primary practice location.

B. Each licensee shall submit the information required pursuant to subsection A of this section each year as directed by the board. An applicant for licensure shall submit this information at the time of application. The applicant and licensee shall submit the information on a form prescribed by the board. A licensee shall submit immediately any changes in information required pursuant to subsection A, paragraphs 1, 2 and 4 of this section. The board shall update immediately its internet website to reflect changes in information relating to subsection A, paragraphs 1 through 4 of this section. The board shall update the internet website information at least annually.

C. The board shall provide each licensee with the licensee's profile on request and shall make valid and verifiable corrections to the profile on notification at any time by the licensee. A change made by a licensee to an address or telephone number is subject to the requirements of section 32‑1435.

D. It is an act of unprofessional conduct for a licensee to provide erroneous information pursuant to this section. In addition to other disciplinary action, the board may impose a civil penalty of not more than one thousand dollars for each erroneous statement.

E. If the board issues a nondisciplinary order or action against a licensee, the record of the nondisciplinary order or action is available to the public 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. On request, the board shall send within five business days, either electronically or by mail, information relating to any nondisciplinary order or action against a licensee to a person requesting the information. END_STATUTE

Sec. 2. Section 32-1430, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1430. License renewal; expiration

A. Except as provided in section 32‑4301, each person holding an active license to practice medicine in this state shall renew the license every other year on or before the licensee's birthday and shall pay the fee required by this article, accompanied by a completed renewal form. The board shall provide the renewal form online and, on request, shall mail the form to the licensee. A licensee who does not renew an active license as required by this subsection on or before thirty days after the licensee's birthday must also pay a penalty fee as required by this article for late renewal. A licensee's license automatically expires if the licensee does not renew an active license within four months after the licensee's birthday. A person who practices medicine in this state after that person's active license has expired is in violation of this chapter.

B. A person renewing an active license to practice medicine in this state shall provide to the board as part of the renewal process a report of disciplinary actions, restrictions or any other action placed on or against that person's license or practice by another state licensing or disciplinary board or an agency of the federal government. This action may include denying a license or failing the special purpose licensing examination. The report shall include the name and address of the sanctioning agency or health care institution, the nature of the action taken and a general statement of the charges leading to the action taken.

C. The licensee shall submit proof with the renewal form of having completed a training unit as prescribed by the board relating to the requirements of this chapter and board rules.

D. A person whose license has expired may reapply for a license to practice medicine as provided in this chapter.

E. Beginning September 2, 2014, if a person did not submit fingerprints for a criminal records check when the person was initially licensed pursuant to section 32‑1422, the person renewing an active license to practice medicine in this state for the first time on or after September 2, 2014 shall submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

Sec. 3. Appropriation; Arizona medical board; purpose

In addition to any other monies appropriated for fiscal year 2014‑2015, the sum of $200,000 is appropriated from the Arizona medical board fund established by section 32‑1406, Arizona Revised Statutes, in fiscal year 2014-2015 to the Arizona medical board to refund fees collected by the board for the purpose of obtaining state and federal criminal records checks for renewal applications.

Sec. 4. Applicability

Section 32‑1430, Arizona Revised Statutes, as amended by this act, applies to all renewal applications for active licenses to practice medicine that are currently under consideration by the Arizona medical board.

Sec. 5. Retroactivity

Section 32‑1430, Arizona Revised Statutes, as amended by this act, applies retroactively to from and after September 1, 2014.

Sec. 6. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.