ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	House: HHS DPA 9-0-0-0

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HB 2429: physicians; wellness programs; confidentiality

Sponsor: Representative Shah, LD 24

Caucus & COW

Overview

Allows statewide associations that are exempt from taxation and representing specified health care professionals to establish a physician wellness program. Requires records of a physician's participation in the wellness program to be confidential and defines physician wellness program.

History

The primary duty of the Arizona Medical Board, Board of Osteopathic Physicians and Surgeons and Board of Physician Assistants is to protect the public from unlawful, incompetent, unqualified, impaired or unprofessional practice of their respective medical industries. These boards accomplish this through various powers and duties including: 1) issuing or reviewing professional health care licenses; 2) investigating claims of misconduct; and 3) developing and recommending standards for their perspective industries (A.R.S. §§ 32-1403, 32-1803, 32-2504).

United States Code § 501 (c) (6) provides taxation exemptions for business leagues, chambers of commerce, real-estate boards, boards of trade and other nonprofit business organizations where no net earnings benefit any private individual or shareholder.

Provisions

1. Enables any statewide association exempted from taxation under U.S.C. 501(c)(6) and that represents health care professions licensed to practice medicine, including medical doctors, osteopathic physicians and physician assistants to establish a physician wellness program. (Sec. 1)

2. Requires the participation of a physician in a physician wellness program to be confidential and not subject to discovery, subpoena or a reporting requirement to an applicable health profession regulatory board unless:

a) The health professional voluntarily provides for written release of the information; or

b) The disclosure is required to meet a licensee obligation to report a criminal action, charge, unprofessional conduct or that the physician is unable to safely practice medicine.        (Sec. 1)

3. Defines a physician wellness program. (Sec. 1)   

4. Specifies that a physician wellness program does not include services that are intended to monitor for impairment. (Sec. 1)

Amendments

Committee on Health and Human Services

1. Allows statewide organizations exempted from taxation under U.S.C 501(C)(3) to establish a physician wellness program.

2. Removes the ability of a statewide association that primarily represents physician assistants to establish a physician wellness program.

3. Modifies the exceptions for when a physician's participation in a physician wellness program may be disclosed to include:

a) The physician voluntarily provides for written release of the information;

b) The disclosure is required to meet a person's obligation to report criminal conduct, unprofessional conduct or that the physician is unable to safely practice medicine; or

c) To warn an individual of an imminent threat of harm.

4. Makes technical changes.

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                        HB 2429

Initials AG/JB  Page 0 Caucus & COW

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