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REFERENCE TITLE: health profession regulatory boards |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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SB 1443 |
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Introduced by Senator Barto
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AN ACT
Amending section 32‑3214, Arizona Revised Statutes; amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding sections 32‑3221 and 32‑3222; relating to health profession regulatory boards.
(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 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 pursuant to section 39‑121, but may not appear shall be available 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 for a period of five years.
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.
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 2017.
Sec. 2. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding sections 32-3221 and 32‑3222, to read:
32-3221. Health profession regulatory boards; terms of members; availability of board meeting recordings; websites
A. Notwithstanding any other provision of this title, a member of a health profession regulatory board is not eligible for reappointment to that board once the person has been appointed for two full terms, in addition to any time served on the board to fill a vacancy. A person may be reappointed to a health profession regulatory board once the person has not been on the board for a time period of at least two full terms.
B. Each health profession regulatory board shall audio or video record all open meetings of the board and shall maintain these recordings for three years after the date of the recording. the health profession regulatory board, within five business days after the board meeting that is the subject of the recording, shall either:
1. Post the audio or video recording on the board's website.
2. Post notice on the board's website of the availability of the audio or video recording.
C. Each health profession regulatory board shall provide on the board's website a list of all board‑specific employment opportunities and a link to the state procurement office to apply for those positions.
32-3222. Health profession regulatory boards; confidential, nondisciplinary monitoring programs; program termination
a. Each health profession regulatory board shall establish a confidential program for:
1. The monitoring of licensees who are chemically dependent and who enroll in rehabilitation programs that meet the criteria established by the board. The board may take further action if the licensee refuses to enter into a stipulated agreement with the board or fails to comply with the agreement's terms. In order to protect the public health and safety, the confidentiality requirements of this subsection do not apply if the licensee does not comply with the stipulated agreement.
2. The evaluation, treatment and monitoring of persons who are licensed by the board and who have a medical, psychiatric, psychological or behavioral health disorder that may impact the licensee's ability to safely practice or perform health care tasks. The program shall include education, intervention, therapeutic treatment and posttreatment monitoring and support. A licensee who has a medical, psychiatric, psychological or behavioral health disorder, who voluntarily reports that disorder to that licensee's board and who has not committed a statutory violation may agree to enter into a confidential consent agreement for participation in a program established pursuant to this subsection.
b. a program established by a health profession regulatory board pursuant to subsection a of this section ends, pursuant to section 41‑3102, not more than ten years after the program's establishment.
Sec. 3. Effective date
This act is effective from and after December 31, 2016.