State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2118: unauthorized practice; health professions

PRIME SPONSOR: Representative Barto, LD 15

BILL STATUS: House Engrossed

 

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires the Health Profession Regulatory Boards (Boards) to regulate the unauthorized practice of the health profession the Board regulates. Makes it a Class 5 felony to engage in the unauthorized practice of a health profession and requires the Board to refer each verified complaint to the County Attorney or the Attorney General for prosecution.

History

The Boards have the authority to regulate and investigate licensed health professionals. A.R.S. §  32-3206 specifies that the Boards must notify the licensed health professionals 10 days before a meeting that reviews the status of investigations or of disciplinary hearings. This section only applies to licensed health care professionals.

Provisions

1.       Specifies that the Boards regulate the unauthorized practice of the health profession the Board regulates. (Sec. 1)

2.       Requires the Boards to do the following after receiving a complaint of unauthorized practice:

a.       Verify licensure or certification with the primary source of the documentation.

b.       Retain all documentation for a period of 10 years.

c.        Post the information of the person who engaged in unauthorized practice to the Board's public website for a period of five years. The person may petition to have the information removed prior to the five-years. (Sec. 1)

3.       Allows the Boards to issue cease and desist orders for the unauthorized practice of a health profession. (Sec. 1)

4.       Requires the Boards to notify complainants that information may be submitted anytime during the investigation. (Sec. 1) 

5.       Allows for the complainant's identity to be kept confidential upon request. (Sec. 1)

6.       Classifies a violation relating to the unauthorized practice of a health profession as a Class 5 felony. (Sec. 1)

7.       Directs the Boards to refer verified complaints to the County Attorney or the Attorney General for prosecution. (Sec. 1)

8.       Defines unauthorized practice of a health profession. (Sec. 1)

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12.   Fifty-fourth Legislature                       HB 2118

13.   First Regular Session                            Version 3: House Engrossed

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