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House Engrossed
physicians; wellness programs; confidentiality |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HOUSE BILL 2429 |
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AN ACT
Amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding section 32-3229.01; relating to health professionals.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3229.01, to read:
32-3229.01. Physician wellness programs; confidentiality; definition
A. Any statewide association that is exempt from taxation under 26 United States code section 501 (c)(3) or 501(c)(6) and that primarily represents physicians licensed to practice medicine pursuant to chapter 13 or 17 of this title may establish a physician wellness program.
B. A record of a physician's participation in a physician wellness program is confidential and not subject to discovery, subpoena or a reporting requirement to the applicable health profession regulatory board, unless either:
1. the physician voluntarily provides for written release of the information.
2. the disclosure is required to meet a person's obligation:
(a) To report criminal conduct.
(b) To report an act of unprofessional conduct.
(c) To report that the physician is not able to safely practice medicine.
(d) To warn an individual of an imminent threat of harm.
C. For the purposes of this section, "physician wellness program":
1. Means a program of evaluation, counseling, including substance abuse counseling, or another modality to address an issue related to career fatigue or wellness in a physician who is licensed pursuant to chapter 13 or 17 of this title.
2. Does not include providing services that are intended to monitor for impairment.