ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	House: HHS DPA 9-0-0-0 │ 3^rd Read 56-3-1-0 Senate: HHS DPA 7-0-1-0 │ 3^rd Read 25-2-3-0

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HB 2429: physicians; wellness programs; confidentiality

Sponsor: Representative Shah, LD 24

Senate Engrossed

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 a physician wellness program.

History

The primary duty of the Arizona Medical Board and Board of Osteopathic Physicians and Surgeons 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).

United States Code § 501 (c) (3) grants taxation exemptions to qualifying organizations operating for specified purposes and who can not serve any private interest including the interest of the creator or shareholders. No net earnings of the organization can be used to the benefit of any private shareholder or individual.

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)(3) or U.S.C. 501(c)(6) and representing medical doctors or osteopathic physicians to establish a physician wellness program. (Sec. 1)

2. Requires a physician's participation 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 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. (Sec. 1)

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

Senate Amendments

1. Replaces a physician wellness program with a health professional wellness program.

2. Allows specified tax-exempt statewide associations representing nurses to establish a health professional wellness program.

3. Makes technical changes.

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7.                   HB 2429

8. Initials AG/JB      Page 0 Senate Engrossed

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