Page 1, between lines 1 and 2,
insert:
"Section 1. Section
32-1401, Arizona Revised Statutes, is amended to read:
START_STATUTE32-1401. Definitions
In this chapter, unless the context
otherwise requires:
1. "Active
license" means a valid and existing license to practice medicine.
2. "Adequate
records" means legible medical records, produced by hand or
electronically, containing, at a minimum, sufficient information to identify
the patient, support the diagnosis, justify the treatment, accurately document
the results, indicate advice and cautionary warnings provided to the patient
and provide sufficient information for another practitioner to assume
continuity of the patient's care at any point in the course of treatment.
3. "Advisory
letter" means a nondisciplinary letter to notify a licensee that either:
(a) While there is
insufficient evidence to support disciplinary action, the board believes that
continuation of the activities that led to the investigation may result in
further board action against the licensee.
(b) The violation is a
minor or technical violation that is not of sufficient merit to warrant
disciplinary action.
(c) While the licensee
has demonstrated substantial compliance through rehabilitation or remediation
that has mitigated the need for disciplinary action, the board believes that
repetition of the activities that led to the investigation may result in
further board action against the licensee.
4. "Approved
hospital internship, residency or clinical fellowship program" means a
program at a hospital that at the time the training occurred was legally
incorporated and that had a program that was approved for internship,
fellowship or residency training by the accreditation council for graduate
medical education, the association of American medical colleges, the royal
college of physicians and surgeons of Canada or any similar body in the United
States or Canada approved by the board whose function is that of approving
hospitals for internship, fellowship or residency training.
5. "Approved school of
medicine" means any school or college offering a course of study that, on
successful completion, results in the degree of doctor of medicine and whose
course of study has been approved or accredited by an educational or
professional association, recognized by the board, including the association of
American medical colleges, the association of Canadian medical colleges or the
American medical association.
6. "Board"
means the Arizona medical board.
7. "Completed
application" means that the applicant has supplied all required fees,
information and correspondence requested by the board on forms and in a manner
acceptable to the board.
8. "Direct
supervision" means that a physician, physician assistant licensed pursuant
to chapter 25 of this title or nurse practitioner certified pursuant to chapter
15 of this title is within the same room or office suite as the medical
assistant in order to be available for consultation regarding those tasks the
medical assistant performs pursuant to section 32‑1456.
9. "Dispense"
means the delivery by a doctor of medicine of a prescription drug or device to
a patient, except for samples packaged for individual use by licensed
manufacturers or repackagers of drugs, and includes the prescribing,
administering, packaging, labeling and security necessary to prepare and
safeguard the drug or device for delivery.
10. "Doctor of
medicine" means a natural person holding a license, registration or permit
to practice medicine pursuant to this chapter.
11. "Full‑time
faculty member" means a physician WHO
IS employed full time as a faculty member while holding the
academic position of assistant professor or a higher position at an approved
school of medicine.
12. "Health care
institution" means any facility as defined in section 36‑401, any
person authorized to transact disability insurance, as defined in title 20,
chapter 6, article 4 or 5, any person who is issued a certificate of authority
pursuant to title 20, chapter 4, article 9 or any other partnership,
association or corporation that provides health care to consumers.
13. "Immediate
family" means the spouse, natural or adopted children, father, mother,
brothers and sisters of the doctor and the natural or adopted children, father,
mother, brothers and sisters of the doctor's spouse.
14. "Letter of
reprimand" means a disciplinary letter that is issued by the board and
that informs the physician that the physician's conduct violates state or
federal law and may require the board to monitor the physician.
15. "Limit"
means taking a nondisciplinary action that alters the physician's practice or
professional activities if the board determines that there is evidence that the
physician is or may be mentally or physically unable to safely engage in the
practice of medicine.
16. "Medical
assistant" means an unlicensed person who meets the requirements of
section 32‑1456, has completed an education program approved by the
board, assists in a medical practice under the supervision of a doctor of
medicine, physician assistant or nurse practitioner and performs delegated
procedures commensurate with the assistant's education and training but does
not diagnose, interpret, design or modify established treatment programs or
perform any functions that would violate any statute applicable to the practice
of medicine.
17. "Medical peer
review" means:
(a) The participation by
a doctor of medicine in the review and evaluation of the medical management of
a patient and the use of resources for patient care.
(b) Activities relating
to a health care institution's decision to grant or continue privileges to
practice at that institution.
18. "Medically
incompetent" means a person who the board determines is incompetent based
on a variety of factors, including:
(a) A lack of sufficient
medical knowledge or skills, or both, to a degree likely to endanger the health
of patients.
(b) When considered with
other indications of medical incompetence, failing to obtain a scaled score of
at least seventy‑five percent on the written special purpose licensing examination.
19. "Medicine"
means allopathic medicine as practiced by the recipient of a degree of doctor
of medicine.
20. "Office based
surgery" means a medical procedure conducted in a physician's office or
other outpatient setting that is not part of a licensed hospital or licensed
ambulatory surgical center.
21. "Physician"
means a doctor of medicine who is licensed
pursuant to this chapter.
22. "Practice of
medicine" means the diagnosis, the treatment or the correction of or the
attempt or the claim to be able to diagnose, treat or correct any and all human
diseases, injuries, ailments, infirmities,
or deformities, physical
or mental, real or imaginary, by any means, methods, devices or
instrumentalities, except as the same may be among the acts or persons not
affected by this chapter. The practice of medicine includes the practice of
medicine alone or the practice of surgery alone, or both.
23. "Restrict"
means taking a disciplinary action that alters the physician's practice or
professional activities if the board determines that there is evidence that the
physician is or may be medically incompetent or guilty of unprofessional
conduct.
24. "Special purpose
licensing examination" means an examination that is developed by the national board of medical
examiners on behalf of the federation of state medical boards for use by state
licensing boards to test the basic medical competence of physicians who are
applying for licensure and who have been in practice for a considerable period
of time in another jurisdiction and to determine the competence of a physician who is under investigation by a
state licensing board.
25. "Teaching
hospital's accredited graduate medical education program" means that the
hospital is incorporated and has an internship, fellowship or residency
training program that is accredited by the accreditation council for graduate
medical education, the American medical association, the association of
American medical colleges, the royal college of physicians and surgeons of
Canada or a similar body in the United States or Canada that is approved by the board and whose function is that of approving
hospitals for internship, fellowship or residency training.
26. "Teaching
license" means a valid license to practice medicine as a full‑time
faculty member of an approved school of medicine or a teaching hospital's
accredited graduate medical education program.
27. "Unprofessional
conduct" includes the following, whether occurring in this state or
elsewhere:
(a) Violating any federal
or state laws, rules or regulations applicable to the practice of medicine.
(b) Intentionally
disclosing a professional secret or intentionally disclosing a privileged
communication except as either act may otherwise be required by law.
(c) False, fraudulent, deceptive
or misleading advertising by a doctor of medicine or the doctor's staff,
employer or representative.
(d) Committing a felony,
whether or not involving moral turpitude, or a misdemeanor involving moral
turpitude. In either case, conviction by any court of competent jurisdiction
or a plea of no contest is conclusive evidence of the commission.
(e) Failing or refusing
to maintain adequate records on a patient.
(f) Habitual intemperance
in the use of alcohol or habitual substance abuse.
(g) Using controlled
substances except if prescribed by another physician for use during a
prescribed course of treatment.
(h) Prescribing or
dispensing controlled substances to members of the physician's immediate
family.
(i) Prescribing,
dispensing or administering schedule II controlled substances as defined in
section 36‑2513 including amphetamines and similar schedule II
sympathomimetic drugs in the treatment of exogenous obesity for a period in
excess of thirty days in any one year, or the nontherapeutic use of injectable
amphetamines.
(j) Prescribing,
dispensing or administering any controlled substance or prescription‑only
drug for other than accepted therapeutic purposes.
(k) Signing a blank,
undated or predated prescription form.
(l) Conduct that the board
determines is gross malpractice, repeated malpractice or any malpractice
resulting in the death of a patient.
(m) Representing that a
manifestly incurable disease or infirmity can be permanently cured, or that any
disease, ailment or infirmity can be cured by a secret method, procedure,
treatment, medicine or device, if this is not true.
(n) Refusing to divulge
to the board on demand the means, method, procedure, modality of treatment or
medicine used in the treatment of a disease, injury, ailment or infirmity.
(o) Action that is taken
against a doctor of medicine by another licensing or regulatory jurisdiction
due to that doctor's mental or physical inability to engage safely in the
practice of medicine or the doctor's medical incompetence or for unprofessional
conduct as defined by that jurisdiction and that corresponds directly or
indirectly to an act of unprofessional conduct prescribed by this paragraph.
The action taken may include refusing, denying, revoking or suspending a
license by that jurisdiction or a surrendering of a license to that
jurisdiction, otherwise limiting, restricting or monitoring a licensee by that
jurisdiction or placing a licensee on probation by that jurisdiction.
(p) Sanctions imposed by
an agency of the federal government, including restricting, suspending,
limiting or removing a person from the practice of medicine or restricting that
person's ability to obtain financial remuneration.
(q) Any conduct or
practice that is or might be harmful or dangerous to the health of the patient
or the public.
(r) Violating a formal
order, probation, consent agreement or stipulation issued or entered into by
the board or its executive director under this chapter.
(s) Violating or
attempting to violate, directly or indirectly, or assisting in or abetting the
violation of or conspiring to violate any provision of this chapter.
(t) Knowingly making any
false or fraudulent statement, written or oral, in connection with the practice
of medicine or if applying for privileges or renewing an application for
privileges at a health care institution.
(u) Charging a fee for
services not rendered or dividing a professional fee for patient referrals
among health care providers or health care institutions or between these
providers and institutions or a contractual arrangement that has the same
effect. This subdivision does not apply to payments from a medical researcher
to a physician in connection with identifying and monitoring patients for a
clinical trial regulated by the United States food and drug administration.
(v) Obtaining a fee by
fraud, deceit or misrepresentation.
(w) Charging or
collecting a clearly excessive fee. In determining if whether
a fee is clearly excessive, the board shall consider the fee or
range of fees customarily charged in the
this state for similar
services in light of modifying factors such as the time required, the
complexity of the service and the skill requisite to perform the service
properly. This subdivision does not apply if there is a clear written contract
for a fixed fee between the physician and the patient that has been entered
into before the provision of the service.
(x) Fetal experiments conducted Conduct that is in violation of section 36‑2302.
(y) The use of
experimental forms of diagnosis and treatment without adequate informed patient
consent, and without conforming to generally accepted experimental criteria,
including protocols, detailed records, periodic analysis of results and
periodic review by a medical peer review committee as approved by the federal United States food and drug administration or
its successor agency.
(z) Engaging in sexual
conduct with a current patient or with a former patient within six months after
the last medical consultation unless the patient was the licensee's spouse at
the time of the contact or, immediately preceding the physician‑patient
relationship, was in a dating or engagement relationship with the
licensee. For the purposes of this subdivision, "sexual
conduct" includes:
(i) Engaging in or
soliciting sexual relationships, whether consensual or nonconsensual.
(ii) Making sexual
advances, requesting sexual favors or engaging in any other verbal conduct or
physical contact of a sexual nature.
(iii) Intentionally
viewing a completely or partially disrobed patient in the course of treatment
if the viewing is not related to patient diagnosis or treatment under current
practice standards.
(aa) Procuring or
attempting to procure a license to practice medicine or a license renewal by
fraud, by misrepresentation or by knowingly taking advantage of the mistake of
another person or an agency.
(bb) Representing or
claiming to be a medical specialist if this is not true.
(cc) Maintaining a
professional connection with or lending one's name to enhance or continue the
activities of an illegal practitioner of medicine.
(dd) Failing to furnish
information in a timely manner to the board or the board's investigators or
representatives if legally requested by the board.
(ee) Failing to allow
properly authorized board personnel on demand to examine and have access to
documents, reports and records maintained by the physician that relate to the
physician's medical practice or medically related activities.
(ff) Knowingly failing to
disclose to a patient on a form that is prescribed by the board and that is
dated and signed by the patient or guardian acknowledging that the patient or
guardian has read and understands that the doctor has a direct financial
interest in a separate diagnostic or treatment agency or in nonroutine goods or
services that the patient is being prescribed and if the prescribed treatment, goods or
services are available on a competitive basis. This subdivision does not apply
to a referral by one doctor of medicine to another doctor of medicine within a
group of doctors of medicine practicing together.
(gg) Using chelation
therapy in the treatment of arteriosclerosis or as any other form of therapy,
with the exception of treatment of heavy metal poisoning, without:
(i) Adequate informed
patient consent.
(ii) Conforming to
generally accepted experimental criteria, including protocols, detailed
records, periodic analysis of results and periodic review by a medical peer
review committee.
(iii) Approval by the federal United States food and drug administration or
its successor agency.
(hh) Prescribing,
dispensing or administering anabolic‑androgenic steroids to a person for
other than therapeutic purposes.
(ii) Lack of or
inappropriate direction, collaboration or direct supervision of a medical
assistant or a licensed, certified or registered health care provider employed
by, supervised by or assigned to the physician.
(jj) Knowingly making a
false or misleading statement to the board or on a form required by the board
or in a written correspondence, including attachments, with the board.
(kk) Failing to dispense
drugs and devices in compliance with article 6 of this chapter.
(ll) Conduct that the
board determines is gross negligence, repeated negligence or negligence
resulting in harm to or the death of a patient.
(mm) The representation
by a doctor of medicine or the doctor's staff, employer or representative that
the doctor is boarded or board certified if this is not true or the standing is
not current or without supplying the full name of the specific agency,
organization or entity granting this standing.
(nn) Refusing to submit
to a body fluid examination or any other examination known to detect the
presence of alcohol or other drugs as required by the board pursuant to section
32‑1452 or pursuant to a board investigation into a doctor of medicine's
alleged substance abuse.
(oo) Failing to report in
writing to the Arizona medical board or the Arizona regulatory board of
physician assistants any evidence that a doctor of medicine or a physician assistant
is or may be medically incompetent, guilty of unprofessional conduct or
mentally or physically unable to safely practice medicine or to perform as a
physician assistant.
(pp) The failure of a
physician who is the chief executive officer, the medical director or the
medical chief of staff of a health care institution to report in writing to the
board that the hospital privileges of a doctor of medicine have been denied,
revoked, suspended, supervised or limited because of actions by the doctor that
appear to show that the doctor is or may be medically incompetent, is or may be
guilty of unprofessional conduct or is or may be unable to engage safely in the
practice of medicine.
(qq) Claiming to be a
current member of the board,
or its staff or a board
medical consultant if this is not true.
(rr) Failing to make
patient medical records in the physician's possession promptly available to a
physician assistant, a nurse practitioner, a person licensed pursuant to this
chapter or a podiatrist, chiropractor, naturopathic physician, osteopathic
physician or homeopathic physician licensed under chapter 7, 8, 14, 17 or 29 of
this title on receipt of proper authorization to do so from the patient, a
minor patient's parent, the patient's legal guardian or the patient's
authorized representative or failing to comply with title 12, chapter 13,
article 7.1.
(ss) Prescribing,
dispensing or furnishing a prescription medication or a prescription‑only
device as defined in section 32‑1901 to a person unless the licensee
first conducts a physical or mental health status examination of that person or
has previously established a doctor‑patient relationship. The
physical or mental health status examination may be conducted during a
real-time telemedicine encounter with audio and video capability if the
telemedicine audio and video capability meets the elements required by the
centers for medicare and medicaid services, unless the examination is for the
purpose of obtaining a written certification from the physician for the purposes
of title 36, chapter 28.1. This subdivision does not apply to:
(i) A physician who
provides temporary patient supervision on behalf of the patient's regular
treating licensed health care professional or provides a consultation requested
by the patient's regular treating licensed health care professional.
(ii) Emergency medical
situations as defined in section 41‑1831.
(iii) Prescriptions
written to prepare a patient for a medical examination.
(iv) Prescriptions
written or prescription medications issued for use by a county or tribal public
health department for immunization programs or emergency treatment or in
response to an infectious disease investigation, public health emergency,
infectious disease outbreak or act of bioterrorism. For the purposes of this
item, "bioterrorism" has the same meaning prescribed in section 36‑781.
(v) Prescriptions written
or antimicrobials dispensed to a contact as defined in section 36‑661 who
is believed to have had significant exposure risk as defined in section 36‑661
with another person who has been diagnosed with a communicable disease as
defined in section 36-661 by the prescribing or dispensing physician.
(vi) Prescriptions
written or prescription medications issued for administration of immunizations or
vaccines listed in the United States centers for disease control and
prevention's recommended immunization schedule to a household member of a
patient.
(vii) Prescriptions for
epinephrine auto-injectors written or dispensed for a school district or charter
school to be stocked for emergency use pursuant to section 15‑157.
(viii) Prescriptions
written by a licensee through a telemedicine program that is covered by the
policies and procedures adopted by the administrator of a hospital or
outpatient treatment center.
(ix) Prescriptions for
naloxone hydrochloride or any other opiate
opioid antagonist
approved by the United States food and drug administration that are written or
dispensed for use pursuant to section 36‑2228.
(tt) Performing office
based surgery using sedation in violation of board rules.
(uu) Practicing medicine
under a false or assumed name in this state. END_STATUTE
Sec. 2. Section 32-1854, Arizona Revised Statutes, is amended to read:
START_STATUTE32-1854. Definition of unprofessional conduct
For the purposes of this chapter,
"unprofessional conduct" includes the following acts, whether
occurring in this state or elsewhere:
1. Knowingly betraying a
professional secret or wilfully violating a privileged communication except as
either of these may otherwise be required by law. This paragraph does not
prevent members of the board from exchanging information with the licensing and
disciplinary boards of other states, territories or districts of the United
States or with foreign countries or with osteopathic medical organizations
located in this state or in any state, district or territory of this country or
in any foreign country.
2. Committing a felony or
a misdemeanor involving moral turpitude. In either case conviction by any
court of competent jurisdiction is conclusive evidence of the commission of the
offense.
3. Practicing medicine
while under the influence of alcohol, a dangerous drug as defined in section 13‑3401,
narcotic or hypnotic drugs or any substance that impairs or may impair the
licensee's ability to safely and skillfully practice medicine.
4. Being diagnosed by a
physician licensed under this chapter or chapter 13 of this title or a
psychologist licensed under chapter 19.1 of this title as excessively or
illegally using alcohol or a controlled substance.
5. Prescribing,
dispensing or administering controlled substances or prescription‑only
drugs for other than accepted therapeutic purposes.
6. Engaging in the
practice of medicine in a manner that harms or may harm a patient or that the
board determines falls below the community standard.
7. Impersonating another
physician.
8. Acting or assuming to
act as a member of the board if this is not true.
9. Procuring, renewing or
attempting to procure or renew a license to practice osteopathic medicine by
fraud or misrepresentation.
10. Having professional
connection with or lending one's name to an illegal practitioner of osteopathic
medicine or any of the other healing arts.
11. Representing that a
manifestly incurable disease, injury, ailment or infirmity can be permanently
cured or that a curable disease, injury, ailment or infirmity can be cured
within a stated time, if this is not true.
12. Failing to reasonably
disclose and inform the patient or the patient's representative of the method,
device or instrumentality the licensee uses to treat the patient's disease,
injury, ailment or infirmity.
13. Refusing to divulge
to the board on demand the means, method, device or instrumentality used in the
treatment of a disease, injury, ailment or infirmity.
14. Charging a fee for
services not rendered or dividing a professional fee for patient referrals.
This paragraph does not apply to payments from a medical researcher to a
physician in connection with identifying and monitoring patients for clinical
trial regulated by the United States food and drug administration.
15. Knowingly making any
false or fraudulent statement, written or oral, in connection with the practice
of medicine or when applying for or renewing privileges at a health care
institution or a health care program.
16. Advertising in a
false, deceptive or misleading manner.
17. Representing or
claiming to be an osteopathic medical specialist if the physician has not
satisfied the applicable requirements of this chapter or board rules.
18. The denial of or
disciplinary action against a license by any other state, territory, district
or country, unless it can be shown that this occurred for reasons that did not
relate to the person's ability to safely and skillfully practice osteopathic
medicine or to any act of unprofessional conduct as provided in this section.
19. Any conduct or
practice contrary to recognized standards of ethics of the osteopathic medical
profession.
20. Violating or
attempting to violate, directly or indirectly, or assisting in or abetting the
violation of or conspiring to violate any of the provisions of this chapter.
21. Failing or refusing
to establish and maintain adequate records on a patient as follows:
(a) If the patient is an
adult, for at least six years after the last date the licensee provided the
patient with medical or health care services.
(b) If the patient is a
child, either for at least three years after the child's eighteenth birthday or
for at least six years after the last date the licensee provided that patient
with medical or health care services, whichever date occurs later.
22. Using controlled
substances or prescription‑only drugs unless they are provided by a
medical practitioner, as defined in section 32‑1901, as part of a lawful
course of treatment.
23. Prescribing
controlled substances to members of one's immediate family unless there is no
other physician available within fifty miles to treat a member of the family
and an emergency exists.
24. Nontherapeutic use of
injectable amphetamines.
25. Violating a formal
order, probation or a stipulation issued by the board under this chapter.
26. Charging or
collecting an inappropriate fee. This paragraph does not apply to a
fee that is fixed in a written contract between the physician and the patient
and entered into before treatment begins.
27. Using experimental
forms of therapy without adequate informed patient consent or without
conforming to generally accepted criteria and complying with federal and state
statutes and regulations governing experimental therapies.
28. Failing to make
patient medical records in the physician's possession promptly available to a
physician assistant, a nurse practitioner, a person licensed pursuant to this
chapter or a podiatrist, chiropractor, naturopathic physician, physician or
homeopathic physician licensed under chapter 7, 8, 13, 14 or 29 of this title
on receipt of proper authorization to do so from the patient, a minor patient's
parent, the patient's legal guardian or the patient's authorized representative
or failing to comply with title 12, chapter 13, article 7.1.
29. Failing to allow
properly authorized board personnel to have, on presentation of a subpoena,
access to any documents, reports or records that are maintained by the
physician and that relate to the physician's medical practice or medically
related activities pursuant to section 32‑1855.01.
30. Signing a blank,
undated or predated prescription form.
31. Obtaining a fee by
fraud, deceit or misrepresentation.
32. Failing to report to
the board an osteopathic physician and surgeon who is or may be guilty of
unprofessional conduct or is or may be mentally or physically unable safely to
engage in the practice of medicine.
33. Referring a patient
to a diagnostic or treatment facility or prescribing goods and services without
disclosing that the physician has a direct pecuniary interest in the facility,
goods or services to which the patient has been referred or prescribed. This
paragraph does not apply to a referral by one physician to another physician
within a group of physicians practicing together.
34. Lack of or
inappropriate direction, collaboration or supervision of a licensed, certified
or registered health care provider or office personnel employed by or assigned
to the physician in the medical care of patients.
35. Violating a federal
law, a state law or a rule applicable to the practice of medicine.
36. Prescribing or
dispensing controlled substances or prescription‑only medications without
establishing and maintaining adequate patient records.
37. Failing to dispense
drugs and devices in compliance with article 4 of this chapter.
38. Any conduct or
practice that endangers a patient's or the public's health or may reasonably be
expected to do so.
39. Any conduct or
practice that impairs the licensee's ability to safely and skillfully practice
medicine or that may reasonably be expected to do so.
40. With the exception of
heavy metal poisoning, using chelation therapy in the treatment of
arteriosclerosis or as any other form of therapy without adequate informed
patient consent and without conforming to generally accepted experimental
criteria, including protocols, detailed records, periodic analysis of results
and periodic review by a medical peer review committee.
41. Prescribing,
dispensing or administering anabolic‑androgenic steroids to a person for
other than therapeutic purposes.
42. Engaging in sexual
conduct with a current patient or with a former patient within six months after
the last medical consultation unless the patient was the licensee's spouse at
the time of the contact or, immediately preceding the physician‑patient
relationship, was in a dating or engagement relationship with the licensee.
For the purposes of this paragraph, "sexual conduct" includes:
(a) Engaging in or
soliciting sexual relationships, whether consensual or nonconsensual.
(b) Making sexual
advances, requesting sexual favors or engaging in any other verbal conduct or
physical conduct of a sexual nature.
43. Fetal experiments conducted Conduct that is in violation of section 36‑2302.
44. Conduct that the
board determines constitutes gross negligence, repeated negligence or
negligence that results in harm or death of a patient.
45. Conduct in the
practice of medicine that evidences moral unfitness to practice medicine.
46. Engaging in
disruptive or abusive behavior in a professional setting.
47. Failing to disclose
to a patient that the licensee has a direct financial interest in a prescribed
treatment, good or service if the treatment, good or service is available on a
competitive basis. This paragraph does not apply to a referral by
one licensee to another licensee within a group of licensees who practice
together. A licensee meets the disclosure requirements of this paragraph if all both of the following are true:
(a) The licensee makes
the disclosure on a form prescribed by the board.
(b) The patient or the
patient's guardian or parent acknowledges by signing the form that the licensee
has disclosed the licensee's direct financial interest.
48. Prescribing,
dispensing or furnishing a prescription medication or a prescription‑only
device to a person if the licensee has not conducted a physical or mental
health status examination of that person or has not previously established a
physician‑patient relationship. The physical or mental health
status examination may be conducted during a real-time telemedicine encounter with
audio and video capability if the telemedicine audio and video capability meets
the elements required by the centers for medicare and medicaid services, unless
the examination is for the purpose of obtaining a written certification from
the physician for the purposes of title 36, chapter 28.1. This paragraph does
not apply to:
(a) Emergencies.
(b) A licensee who
provides patient care on behalf of the patient's regular treating licensed
health care professional or provides a consultation requested by the patient's
regular treating licensed health care professional.
(c) Prescriptions written
or antimicrobials dispensed to a contact as defined in section 36‑661 who
is believed to have had significant exposure risk as defined in section 36‑661
with another person who has been diagnosed with a communicable disease as
defined in section 36‑661 by the prescribing or dispensing physician.
(d) Prescriptions for
epinephrine auto-injectors written or dispensed for a school district or
charter school to be stocked for emergency use pursuant to section 15‑157.
(e) Prescriptions written
by a licensee through a telemedicine program that is covered by the policies
and procedures adopted by the administrator of a hospital or outpatient
treatment center.
(f) Prescriptions for
naloxone hydrochloride or any other opiate
opioid antagonist
approved by the United States food and drug administration that are written or
dispensed for use pursuant to section 36‑2228.
49. If a licensee
provides medical care by computer, failing to disclose the licensee's license
number and the board's address and telephone number. END_STATUTE
Sec. 3. Section
36-427, Arizona Revised Statutes, is amended to read:
START_STATUTE36-427. Suspension or revocation; intermediate sanctions
A. The director, pursuant
to title 41, chapter 6, article 10, may suspend or revoke, in whole or in part,
the license of any health care institution if its owners, officers, agents or
employees:
1. Violate this chapter
or the rules of the department adopted pursuant to this chapter.
2. Knowingly aid, permit
or abet the commission of any crime involving medical and health related health-related services.
3. Have been, are or may
continue to be in substantial violation of the requirements for licensure of
the institution, as a result of which the health or safety of one or more
patients or the general public is in immediate danger.
4. Fail to comply with
section 36‑2901.08.
5. Violate section 36‑2302.
B. If the licensee, the
chief administrative officer or any other person in charge of the institution
refuses to permit the department or its employees or agents the right to
inspect its the institution's premises as provided in
section 36‑424, such action shall be deemed reasonable cause to believe
that a substantial violation under subsection A, paragraph 3 of this section
exists.
C. If the director
reasonably believes that a violation of subsection A, paragraph 3 of this section
has occurred and that life or safety of patients will be immediately affected,
the director, on written notice to the licensee, may order the immediate
restriction of admissions or readmissions, selected transfer of patients out of
the facility, reduction of capacity and termination of specific services,
procedures, practices or facilities.
D. The director may
rescind, in whole or in part, sanctions imposed pursuant to this section upon on correction of the violation or violations
for which the sanctions were imposed.END_STATUTE"
Renumber to conform
Page 1, line 6, after the second
semicolon insert "physician‑patient
privilege inapplicable;"
Between lines 28 and 29, insert:
"F. The physician‑patient privilege as
provided in section 13‑4062, paragraph 4 does not prevent the production
of documents or records relevant to an investigation arising under this
section. All documents or records produced in an action brought
pursuant to this section shall be inspected by the court in camera, and, before
the documents or records are released to the requesting party, the court shall
remove the names and other identifying information, if any, of the patients and
substitute pseudonyms."
Reletter to conform
Amend title to conform
Bill
Number: S.B. 1474