ARIZONA STATE
SENATE
Fifty-Fourth
Legislature, Second Regular Session
informed consent; pelvic examinations.
Purpose
Establishes
performing or supervising a pelvic examination on an anesthetized or
unconscious patient without first obtaining the patient's informed consent as
an act of unprofessional conduct for specified licensed health professionals,
with certain exceptions.
Background
In Arizona, health professions
are regulated by specific health regulatory boards who are generally tasked
with verifying the qualifications of perspective licensees, licensing qualified
applicants and regulating and administering disciplinary action to those health
professionals under the board's purview. For example, the Arizona Medical Board
(AMB) is responsible for protecting the public from unlawful, incompetent,
unqualified, impaired or unprofessional practitioners of allopathic medicine
through licensure, regulation and rehabilitation of the profession in Arizona.
The AMB’s duties include investigating and adjudicating complaints against
licensed physicians and taking appropriate disciplinary or nondisciplinary
action, including for acts of unprofessional conduct.
Current statute designates the
following as acts of unprofessional conduct for AMB licensees: 1) violating any
federal or state laws, rules or regulations applicable to the practice of
medicine; 2) intentionally disclosing a professional secret or a privileged
communication;
3) committing false, fraudulent, deceptive or misleading advertising; 4)
committing any felony or a misdemeanor that involves moral turpitude; 5) using
experimental forms of diagnosis and treatment without adequate informed patient consent and without conforming to
generally accepted experimental criteria; and 6) committing conduct that the AMB
determines is gross malpractice, repeated malpractice or any malpractice
resulting in the death of a patient (A.R.S.
§§ 32-1401
and 32-1403).
The Arizona
Board of Nursing (AZBN) is responsible for regulating the nursing profession in
Arizona. If the AZBN determines that a licensed or certified nurse has
committed an act of unprofessional conduct the AZBN is authorized to impose
disciplinary action against the individual found to be in violation, including probation,
suspension or revocation of a nurse’s license or certificate. Statute specifically delineates a number of
acts that are considered unprofessional conduct including: 1)
committing fraud or deceit in obtaining, attempting to obtain or renewing a
license certificate; 2) committing
a felony, whether or not involving moral turpitude, or a misdemeanor involving
moral turpitude; 3) any
conduct or practice that is or might be harmful or dangerous to the health of a
patient or the public; 4) committing an act that deceives, defrauds or harms
the public; and 5) failing
to report any evidence to the AZBN that a nurse or a nursing assistant may be guilty of
unprofessional conduct. (A.R.S. § 32-1601).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes that it is an act of
unprofessional conduct for a licensed allopathic physician, osteopathic
physician, nurse practitioner or physician assistant to perform, or supervise
an individual who performs, a pelvic examination on an anesthetized or
unconscious patient without first obtaining the patient's informed consent to
the examination, unless the examination:
a) is within the scope of the surgical procedure
or diagnostic examination being performed on the patient for which informed
consent has been obtained; or
b) in the case of an unconscious patient, is
medically necessary and required for diagnostic purposes.
2. Becomes effective on the general effective date.
Prepared
by Senate Research
January
21, 2020
CRS/kja