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Senate Engrossed
health professionals; complaints; investigations |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SENATE BILL 1568 |
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An Act
amending section 32-3223, Arizona Revised Statutes; 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. Section 32-3223, Arizona Revised Statutes, is amended to read:
32-3223. Health profession regulatory boards; nondisciplinary confidential monitoring programs
A. Each health profession regulatory board may shall establish a nondisciplinary confidential program, including enrollment criteria for participation in the program, and provide all licensees with the opportunity to participate in a nondisciplinary confidential program for the monitoring of a licensee or certificate holder who has been reported to or who voluntarily reports to the licensee's or certificate holder's regulatory board and who may be chemically dependent or have a substance misuse history or who may have a medical, psychiatric, psychological or behavioral health disorder that may impact the licensee's or certificate holder's ability to safely practice or perform health care tasks.
B. A program established pursuant to subsection A of this section may include education, intervention, therapeutic treatment and posttreatment monitoring and support. The licensee or certificate holder is responsible for the costs associated with any treatment, rehabilitation or monitoring under a program established pursuant to subsection A of this section. The health profession regulatory board and the licensee or certificate holder may agree to enter into a nondisciplinary confidential stipulated agreement for participation in a program established pursuant to subsection A of this section. On or before January 1, 2023, each health profession regulatory board shall establish the eligibility criteria required to enter into a nondisciplinary confidential program through a published policy or rulemaking. This section does not prohibit a health profession regulatory board from engaging another health profession regulatory board or a private entity to implement a treatment program described in this section.
C. The health profession regulatory board may take further action, including disciplinary action, if the licensee or certificate holder refuses to enter into a nondisciplinary confidential stipulated agreement with the board or fails to comply with the agreement's terms. The confidentiality requirements of this section do not apply if the licensee or certificate holder does not comply with the stipulated agreement.
Sec. 2. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3229.01, to read:
32-3229.01. Health profession regulatory boards; complaints; investigations; complainant confidentiality; exceptions; notice
A. Notwithstanding any other provision of this title, a health profession regulatory board shall require complainants to identify themselves in the complaint and make themselves available for an evidentiary interview. complainants may request that their identity remain confidential during the preliminary investigatory process. Notwithstanding a complainant's request to remain confidential during the preliminary investigatory process, if the investigatory process results in a determination that a violation of law may have occurred, the respondent is entitled to the complete investigatory file, including the identity of the complainant for purposes of providing a comprehensive response to the complaint. The health profession regulatory board may take action on a complaint if the patient or complainant does not comply with the board's investigation if the board has sufficient evidence of a violation of law. It is an act of unprofessional conduct for any licensee, permittee or certificate holder of any health profession regulatory board to file a false or fraudulent complaint or report with a health profession regulatory board.
B. Notwithstanding any other provision of this title, the investigation of a complaint by any health profession regulatory board against a permittee, certificate holder or licensee shall be submitted for board review or administratively dismissed, if unsubstantiated, within one hundred eighty days after the board receives the complaint regardless of whether the complaint is filed on the board's own motion or by a third-party complainant. If the complaint investigation cannot be reasonably completed within one hundred eighty days due to the complexity of the matter and the respondent has not requested additional time to respond, the health profession regulatory board is allowed an additional one hundred days to complete its review and proceed with the administrative procedure to submit the complaint for board review or administratively dismiss the complaint without prejudice. If a health profession regulatory board administratively dismisses a complaint without prejudice, the complainant's timeline is suspended until the board has additional evidence, information or testimony to reopen the investigation and conclude the investigation with the available options prescribed for each health profession regulatory board. this subsection does not extend the time allowed for any health profession regulatory board to act on a complaint or investigate unprofessional conduct. A health profession regulatory board may not report an administrative dismissal or nondisciplinary action to the national practitioner data bank.
C. Before interviewing any respondent to a complaint, the health profession regulatory board shall provide the respondent with a written notice that the respondent has the right to be represented by counsel and shall be provided with a reasonable period of time of at least ten business days to retain counsel or provide a response without the assistance of counsel before answering any questions. The written notice shall also inform the respondent that any statements made during an interview may be used against the respondent by the health profession regulatory board. A licensee, permittee or certificate holder may waive this notice by signing a waiver of notice.