SB1213 - 521R

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

Section 1. Section 32-2502, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2502. Arizona regulatory board of physician assistants; membership; appointment; terms; immunity

A. The Arizona regulatory board of physician assistants is established consisting of the following members:

1. Five physician assistants who hold a current regular license pursuant to this chapter. The governor may appoint these members from a list of qualified candidates submitted by the Arizona state association of physician assistants. The governor may seek additional input and nominations before the governor makes the physician assistant appointments.

2. Two public members who are appointed by the governor.

3. Two physicians who are actively engaged in the practice of medicine and who are licensed pursuant to chapter 17 of this title, one of whom supervises a physician assistant at the time of appointment, and who are appointed by the governor.

4. Two physicians who are actively engaged in the practice of medicine and who are licensed pursuant to chapter 13 of this title, one of whom supervises a physician assistant at the time of appointment, and who are appointed by the governor.

B. The term of office of members of the board is four years to begin and end on July 1.

C. Each board member is eligible for appointment to not more than two full terms, except that the term of office for a member appointed to fill a vacancy that is not caused by the expiration of a full term is for the unexpired portion of that term and the governor may reappoint that member to not more than two additional full terms. Each board member may continue to hold office until the appointment and qualification of that member's successor. However, the ~~entity that appoints a board member~~ governor may remove ~~that~~ a member, after notice and a hearing ~~before that entity~~, on a finding of continued neglect of duty, incompetence or unprofessional or dishonorable conduct. That member's term ends when the ~~entity makes this~~ finding is made.

D. A board member's term automatically ends:

1. On written resignation submitted to the board chairperson or to ~~an appointing entity~~ the governor.

2. If the member is absent from this state for more than six months during a one‑year period.

3. If the member fails to attend three consecutive regular board meetings.

4. Five years after retirement from active practice.

E. Board members are immune from civil liability for all good faith actions they take pursuant to this chapter. END_STATUTE

Sec. 2. Section 32-2507, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2507. Licensee profiles; 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 web site website and, if requested, in writing. The profile shall contain the following information:

1. A description of any conviction of a felony or a misdemeanor involving moral turpitude within the last five years. For the purposes of this paragraph, a licensee is deemed to be convicted of a crime if the licensee pled guilty or was found guilty by a court of competent jurisdiction.

2. A description of any felony charges or misdemeanor charges involving moral turpitude within the last five years to which the licensee pled no contest.

3. The number of pending complaints and final board disciplinary and nondisciplinary actions within the last five years. Information concerning pending complaints shall contain the following statement:

Pending complaints represent unproven allegations. On investigation, many complaints are found to be without merit and are dismissed.

4. All medical malpractice court judgments and all medical malpractice awards or settlements in which a payment is made to a complaining party within the last five years. Information concerning malpractice actions shall contain the following statement:

The settlement of a medical malpractice action may occur for a variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the physician assistant. A payment in settlement of a medical malpractice action does not create a presumption that medical malpractice occurred.

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

6. 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 web site website to reflect changes in information relating to subsection A, paragraphs 1, through 2, 3 and 4 of this section. The board shall update the internet web site website information at least annually after receipt of the renewal application pursuant to section 32-2523.

C. The board shall provide each licensee with a copy of the licensee's profile and give the licensee reasonable time to correct the profile before it is available to the public.

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. END_STATUTE

Sec. 3. Section 32-2523, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2523. Licensure; renewal; continuing education; audit; penalty fee; expiration

A. Except as provided in section 32‑4301, each holder of a regular license shall renew the license on or before June 1 of each year every other year on or before the licensee's birthday by paying the prescribed renewal fee and supplying the board with information it deems necessary, including proof of having completed, twenty before the renewal date, forty hours of category I continuing medical education approved by the American academy of physician assistants, the American medical association, the American osteopathic association or any other accrediting organization acceptable to the board within the previous renewal year of July 1 through June 30. Each year The board, to shall verify continuing medical education compliance, and shall randomly audit at least ten per cent percent of physician assistants who are renewing their license within the calendar year and who do not hold a current national certification from a national certification organization for physician assistants that is approved by the board.

B. Except as provided in section 32‑4301, if a holder of a regular license who fails to renew the license on or before July 1 of each year that person shall pay the prescribed penalty fee for a late renewal within thirty days after the licensee's birthday shall pay a penalty fee as set forth in rule for late renewal.

C. Except as provided in section 32‑4301, if a holder of a regular license fails to renew the license on or before October 1 of each year within ninety days after the licensee's birthday, the license automatically expires. It is unlawful for a person to perform health care tasks of a physician assistant after the license expires.

D. A person whose license expires may reapply for licensure pursuant to this chapter.

E. If a licensee does not meet the requirements of subsection A of this section because of that person's illness, religious missionary activity or residence in a foreign country or any other extenuating circumstance, the board may grant an extension of the deadline if it receives a written request to do so from the licensee that details the reasons for this request. END_STATUTE

Sec. 4. Effective date

Section 32-2523, Arizona Revised Statutes, as amended by this act, is effective from and after December 31, 2015.