PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1094
(Reference to Senate engrossed bill)
Page 2, between lines 33 and 34, insert:
"Sec. 3. Section 32-826, Arizona Revised Statutes, is amended to read:
32-826. Issuance of license
A. The board shall issue a license to practice podiatry to every person who pays the required fee and furnishes satisfactory proof of successful completion of successfully completing a thirty‑six‑month residency program.
B. Each license shall be signed by the president and secretary of the board and bear the seal of the board.
C. The board shall deny a license to an applicant who satisfies all of the licensing requirements of this article if that applicant does not submit the license issuance fee within twelve months after the date of application. An applicant who fails to submit the fee within this time shall reapply for licensure pursuant to this article.
Sec. 5. Section 32-830, Arizona Revised Statutes, is amended to read:
32-830. Fees
A. The board shall establish and collect fees not to exceed:
1. For initial application for licensure, one thousand dollars which includes the initial registration to dispense drugs and devices, $1,000.
2. For application for a license pursuant to section 32‑827 by a podiatrist from another state or country, five hundred dollars which includes the initial registration to dispense drugs and devices, $500.
3. For issuing a license, five hundred dollars $500.
4. For annual renewal of a license, five hundred dollars which includes the annual renewal of registration to dispense drugs and devices, $500.
5. For certifying a licensed podiatrist to authorities of another state or country, fifty dollars $50.
6. For late renewal of a license after July 30 through August 31, one hundred fifty dollars $150.
7. For initial registration to dispense drugs and devices, two hundred dollars.
8. For annual renewal of registration to dispense drugs and devices, one hundred dollars.
B. The board may establish and collect fees for the following:
1. A duplicate wallet card.
2. A duplicate wall certificate.
3. Copying records, documents, letters, minutes, applications, files and policy statements.
4. A licensee list.
5. Audio files.
Sec. 4. Section 32-854.01, Arizona Revised Statutes, is amended to read:
32-854.01. Unprofessional conduct
Unprofessional conduct includes the following conduct, whether it occurs in this state or elsewhere:
1. Requesting, listing, accepting or receiving any rebate or commission for prescribing or recommending any footwear, drug, medicine, or other article to the licensee's patients.
2. Prescribing, dispensing or pretending to use, in treating any patient, any secret remedial agent, or manifesting or promoting its use in any way, or guaranteeing or implying to guarantee any treatment, therapy or remedy.
3. Representing that a 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.
4. Practicing podiatry under a trade name, under the name of another podiatrist, under any other name than that which appears on the practitioner's license, or under any title that misrepresents the practice of podiatry.
5. Advertising in a false, deceptive or misleading manner or advertising the quality of podiatric service.
6. Employing a solicitor to obtain business.
7. Fee splitting under any guise whatsoever.
8. Failing to report as required in section 32‑852.01, subsection A.
9. Failing to obtain written informed consent from a patient before the licensee performs any surgical procedure on the patient.
10. 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 is conclusive evidence that the licensee committed the crime.
11. Failing or refusing to maintain adequate records on:
(a) A patient who is eighteen years of age or older for at least seven six years. or
(b) A patient who is under eighteen years of age for the later of either:
(i) Three years after the patient's eighteenth birthday.
(ii) Six years after the last date the patient received medical or health care services from the licensee.
12. Failing or refusing to make the a patient's records available to a physician or another podiatrist within twenty‑one days after a request and the receipt of proper authorization.
12. 13. Habitual intemperance in the use of alcohol or habitual substance abuse.
13. 14. Using controlled substances or prescription‑only drugs except if provided by a physician for use during a prescribed lawful course of treatment.
14. 15. Prescribing controlled substances to members of the podiatrist's immediate family.
15. 16. Providing any controlled substance or prescription‑only drug for other than accepted therapeutic purposes.
16. 17. Dispensing a schedule II controlled substance that is an opioid.
17. 18. Committing gross malpractice, repeated malpractice or any malpractice resulting in the death of a patient.
18. 19. Refusing to divulge to the board on demand the means, method, procedure, modality of treatment or medicine used in the treatment of treating a disease, injury, ailment or infirmity.
19. 20. Violating any federal or state law applicable to the practice of podiatry.
20. 21. Having the licensee's license refused, revoked or suspended by any other licensing jurisdiction for inability to safely and skillfully practice podiatry or for unprofessional conduct as defined by that jurisdiction that directly or indirectly corresponds to any act of unprofessional conduct as prescribed by this section or any act under section 32‑852.
21. 22. Committing any conduct or practice that is or might be harmful or dangerous to the health of the a patient.
22. 23. Violating any formal order, probation or stipulation issued by the board pursuant to this chapter.
23. 24. 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.
24. 25. Charging or collecting a clearly excessive fee. In determining the reasonableness of a fee, the fee customarily charged in the locality for similar services shall be considered 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 paragraph does not apply if there is a clear written contract for a fixed fee between the podiatrist and the patient that has been entered into before the licensee provides the service.
25. 26. Obtaining a fee by fraud, deceit or misrepresentation.
26. 27. Charging a fee for services not rendered.
27. 28. Failing to dispense drugs and devices in compliance with article 4 of this chapter."
Renumber to conform
Amend title to conform