Page 1, between lines 1 and 2, insert:
Section 1. Section 32-1403, Arizona Revised
Statutes, is amended to read:
START_STATUTE32-1403. Powers and duties of the board; compensation; immunity;
committee on executive director selection and retention
A. The primary duty of the board is to protect the
public from unlawful, incompetent, unqualified, impaired or unprofessional
practitioners of allopathic medicine through licensure, regulation and
rehabilitation of the profession in this state. The powers and
duties of the board include:
1. Ordering and evaluating physical, psychological,
psychiatric and competency testing of licensed physicians and candidates for
licensure as may be determined necessary by the board.
2. Initiating investigations and determining on its
own motion if a doctor of medicine has engaged in unprofessional conduct or
provided incompetent medical care or is mentally or physically unable to engage
in the practice of medicine.
3. Developing and recommending standards governing
the profession.
4. Reviewing the credentials and the abilities of
applicants whose professional records or physical or mental capabilities may
not meet the requirements for licensure or registration as prescribed in
article 2 of this chapter in order for the board to make a final determination
as to whether the applicant meets the requirements for licensure pursuant to
this chapter.
5. Disciplining and rehabilitating physicians.
6. Engaging in a full exchange of information with
the licensing and disciplinary boards and medical associations of other states
and jurisdictions of the United States and foreign countries and the Arizona
medical association and its components.
7. Directing the preparation and circulation of
educational material the board determines is helpful and proper for licensees.
8. Adopting rules regarding the regulation and the
qualifications of doctors of medicine.
9. Establishing fees and penalties as provided
pursuant to section 32‑1436.
10. Delegating to the executive director the board's
authority pursuant to section 32‑1405 or 32‑1451. The
board shall adopt substantive policy statements pursuant to section 41‑1091
for each specific licensing and regulatory authority the board delegates to the
executive director.
B. The board may appoint one of its members to the
jurisdiction arbitration panel pursuant to section 32‑2907, subsection B.
C. There shall be no monetary liability on the part
of and no cause of action shall arise against the executive director or such
other permanent or temporary personnel or professional medical investigators
for any act done or proceeding undertaken or performed in good faith and in
furtherance of the purposes of this chapter.
D. In conducting its investigations pursuant to
subsection A, paragraph 2 of this section, the board may receive and review
staff reports relating to complaints and malpractice claims.
E. The board shall establish a program that is
reasonable and necessary to educate doctors of medicine regarding the uses and
advantages of autologous blood transfusions.
F. The board may make statistical information on
doctors of medicine and applicants for licensure under this article available
to academic and research organizations.
G. The committee on executive director selection and
retention is established consisting of the Arizona medical board and the
chairperson and vice‑chairperson of the Arizona regulatory board of
physician assistants. The committee is a public body and is subject to the
requirements of title 38, chapter 3, article 3.1. The committee is
responsible for the appointment of the executive director pursuant to section
32‑1405. All members of the committee are voting members of
the committee. The committee shall elect a chairperson and a vice‑chairperson
when the committee meets but no more frequently than once a
year. The chairperson shall call meetings of the committee as
necessary, and the vice‑chairperson may call meetings of the committee
that are necessary if the chairperson is not available. The presence
of eight members of the committee at a meeting constitutes a
quorum. The committee meetings may be held using communication communications equipment that allows all
members that who are participating in the
meeting to hear each other. If any discussions occur in an executive
session of the committee, notwithstanding the requirement that discussions made
at an executive session be kept confidential as specified in section 38‑431.03,
the chairperson and vice-chairperson of the Arizona regulatory board of
physician assistants may discuss this information with the Arizona regulatory
board of physician assistants in executive session. This disclosure
of executive session information to the Arizona regulatory board of physician
assistants does not constitute a waiver of confidentiality or any privilege,
including the attorney‑client privilege.
H. The officers of the Arizona medical board and the
Arizona regulatory board of physician assistants shall meet twice a year to
discuss matters of mutual concern and interest.
I. The board
may accept and expend grants, gifts, devises and other contributions from any
public or private source, including the federal government. Monies received
under this subsection do not revert to the state general fund at the end of a
fiscal year.
Sec. 2. Title 32, chapter 13, article 2,
Arizona Revised Statutes, is amended by adding sections 32-1438 and 32-1439, to
read:
START_STATUTE32-1438. Temporary licensure; requirements; fee
A. Beginning July 1, 2017, the board
may issue a temporary license, which may not be renewed or extended, to allow a
physician who is not a licensee to practice in this state for a total of up to
two hundred fifty consecutive days if the physician meets all of the following
requirements:
1. Holds
an active and unrestricted license to practice medicine in a state, territory
or possession of the United States.
2. Has
never had a license revoked or suspended or surrendered a license for
disciplinary reasons.
3. Is
not the subject of an unresolved complaint.
4. Has
applied for a license pursuant to section 32‑1422.
5. Has
paid any applicable fees.
B. The
physician shall submit to the board a notarized affidavit attesting that the
physician meets the requirements of subsection A, paragraphs 1, 2 and 3 of this
section. The physician shall notify the board immediately if any circumstance
specified in subsection A, paragraphs 1, 2 and 3 of this section changes during
the application period for a temporary license or while holding a temporary
license, at which time the board may deny or revoke the temporary license.
C. The
board shall approve or deny an application under this section within thirty
days after an applicant files a complete application. The approval
of a temporary license pursuant to this section allows the physician to
practice in this state without restriction.
D. If
granted, the physician's temporary license expires the earlier of two hundred
fifty days after the date the temporary license is granted or on approval or
denial of the physician's license application submitted pursuant to section 32‑1422.
E. For
the purpose of meeting the requirements of subsection A of this section, an
applicant shall provide the board the name of each state, territory or
possession of the United States in which the person is licensed or has held a
license and the board shall verify with the applicable regulatory board that
the applicant holds an active and unrestricted license to practice medicine,
has never had a license revoked or suspended or surrendered a license for
disciplinary reasons and is not the subject of an unresolved complaint. The
board may accept the verification of this information from each other
regulatory board verbally, which shall be followed by either an electronic or
hard copy before the physician's permanent license is granted. If the board is
unable to verify the information within the initial thirty days as required by
subsection C of this section, the board may extend the time frame by an
additional thirty days to receive the necessary verification.
F. The
board may establish a fee in rule for temporary licensure under this section.END_STATUTE
START_STATUTE32-1439. Specialty certification; prohibited requirement for
licensure; definition
A. The board
may not require an applicant for licensure pursuant to this article to hold or
maintain a specialty certification as a condition of licensure in this state.
This subsection does not prohibit the board from considering an applicant's
specialty certification as a factor in whether to grant a license to the
applicant.
B. For the
purposes of this section, "specialty certification" means
certification by a board that specializes in one particular area of medicine
and that may require examinations in addition to those required by this state
to be licensed to practice medicine.END_STATUTE
Sec. 3. Title 32, chapter 17, article 2,
Arizona Revised Statutes, is amended by adding sections 32-1834 and 32-1835, to
read:
START_STATUTE32-1834. Temporary licensure; requirements; fee
A. Beginning July 1, 2017, the board
may issue a temporary license, which may not be renewed or extended, to allow a
physician who is not a licensee to practice in this state for a total of up to
two hundred fifty consecutive days if the physician meets all of the following
requirements:
1. Holds
an active and unrestricted license to practice medicine in a state, territory
or possession of the United States.
2. Has
never had a license revoked or suspended or surrendered a license for
disciplinary reasons.
3. Is
not the subject of an unresolved complaint.
4. Has
applied for a license pursuant to section 32‑1822.
5. Has
paid any applicable fees.
B. The
physician shall submit to the board a notarized affidavit attesting that the
physician meets the requirements of subsection A, paragraphs 1, 2 and 3 of this
section. The physician shall notify the board immediately if any circumstance
specified in subsection A, paragraphs 1, 2 and 3 of this section changes during
the application period for a temporary license or while holding a temporary
license, at which time the board may deny or revoke the temporary license.
C. The
board shall approve or deny an application under this section within thirty
days after an applicant files a complete application. The approval
of a temporary license pursuant to this section allows the physician to
practice in this state without restriction.
D. If
granted, the physician's temporary license expires the earlier of two hundred
fifty days after the date the temporary license is granted or on approval or
denial of the physician's license application submitted pursuant to section 32‑1822.
E. For
the purpose of meeting the requirements of subsection A of this section, an
applicant shall provide the board the name of each state, territory or
possession of the United States in which the person is licensed or has held a
license and the board shall verify with the applicable regulatory board that
the applicant holds an active and unrestricted license to practice medicine,
has never had a license revoked or suspended or surrendered a license for
disciplinary reasons and is not the subject of an unresolved complaint. The
board may accept the verification of this information from each other
regulatory board verbally, which shall be followed by either an electronic or
hard copy before the physician's permanent license is granted. If the board is
unable to verify the information within the initial thirty days as required by
subsection C of this section, the board may extend the time frame by an
additional thirty days to receive the necessary verification.
F. The
board may establish a fee in rule for temporary licensure under this section.END_STATUTE
START_STATUTE32-1835. Specialty certification; prohibited requirement for
licensure; definition
A. The board
may not require an applicant for licensure pursuant to this article to hold or
maintain a specialty certification as a condition of licensure in this state.
This subsection does not prohibit the board from considering an applicant's
specialty certification as a factor in whether to grant a license to the
applicant.
B. For the
purposes of this section, "specialty certification" means
certification by a board that specializes in one particular area of medicine
and that may require examinations in addition to those required by this state
to be licensed to practice medicine."END_STATUTE
Renumber to conform
Page 15, between lines
9 and 10, insert:
START_STATUTE"32-3242. Subpoenas from member boards or courts in member states
A subpoena issued
pursuant to section 32‑3241, section 9 for the attendance and testimony
of witnesses or the production of evidence from this state shall be enforced by
any court of competent jurisdiction in this state according to that court's
practice and procedure in considering subpoenas issued in the court's own
proceedings. END_STATUTE
START_STATUTE32-3243. Participation in compact as condition of employment;
prohibition
An employer may not
require a physician to seek licensure through the medical licensure compact
enacted by section 32‑3241 as a condition of initial or continued
employment as an allopathic or osteopathic physician in this state. An
employer may require that a physician obtain and maintain a license to practice
allopathic or osteopathic medicine in multiple states, if the physician is free
to obtain and maintain the licenses by any means authorized by the laws of the
respective states. END_STATUTE
START_STATUTE32-3244. Open meeting requirements
If a meeting, or a portion of a meeting, of the interstate
commission is closed pursuant to section 32‑3241, section 11, subsection
H, the commission's legal counsel or designee shall certify that the meeting
may be closed and shall reference each relevant exempting provision consistent
with title 38, chapter 3, article 3.1. The commission shall keep
minutes that fully and clearly describe all matters discussed in the meeting
and shall provide a full and accurate summary of actions taken and the reasons
for those actions, including a description of the views expressed. All
documents considered in connection with an action shall be identified in these
minutes. All minutes and documents of a closed meeting shall remain under seal,
subject to release by a majority vote of the commission or an order of a court
of competent jurisdiction. END_STATUTE
START_STATUTE32-3245. Arizona medical board; Arizona board of osteopathic
examiners in medicine and surgery; notice of commission actions; expenditure of
certain monies prohibited
The Arizona medical
board and the Arizona board of osteopathic examiners in medicine and surgery:
1. Within
thirty days after an interstate commission action shall post on the board's
public website notice of any commission action that may affect a physician's
license.
2. May not
spend any monies received from physicians or applicants for licensure who are
not applying for licensure through this compact on any activities, obligations
or duties required by this compact.END_STATUTE"
Page 15, line 10, strike "32‑3242" insert
"32‑3246"
After line 36, insert:
"Sec. 5. Arizona medical board; Arizona board
of osteopathic examiners in medicine and surgery; expedited licensure; report;
delayed repeal
A. The Arizona medical board and the Arizona board
of osteopathic examiners in medicine and surgery shall each create a proposal
for the expedited licensure of a physician who is licensed in at least one
other state, whose license is in good standing and who chooses to not be
licensed through the medical licensure compact established by title 32, chapter
32, article 3, Arizona Revised Statutes, as added by this act. The
proposals shall include recommended statutory changes to implement expedited
licensure. On or before December 1, 2017, each board shall submit a report to
the senate health and human services committee and the house of representatives
health committee, or their successor committees, for review.
B. This section is repealed from and after September
30, 2018.
Sec. 6. Rulemaking exemption
For the purposes of sections 32‑1438 and 32‑1834,
Arizona Revised Statutes, as added by this act, the Arizona medical board and
Arizona board of osteopathic examiners in medicine and surgery are exempt from
the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes,
for one year after the effective date of this act.
Sec. 7. Appropriation; Arizona medical board;
licensure; exemption
A. The sum of $50,000 and 3 FTE positions are
appropriated from the Arizona medical board fund established by section 32‑1406,
Arizona Revised Statutes, in fiscal year 2016-2017 to the Arizona medical board
for licensure.
B. The appropriation made in subsection A of this
section is exempt from the provisions of section 35-190, Arizona Revised
Statutes, relating to lapsing of appropriations."
Amend title to conform
Bill
Number: H.B. 2502