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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature Second Regular Session |
Senate: HHS DPA 4-3-1-0 │ 3rd Read 16-13-1-0
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SB 1568: health professionals; complaints; investigations
Sponsor: Senator Barto, LD 15
Caucus & COW
Overview
Requires, rather than allows, each health profession regulatory board to establish a nondisciplinary confidential program and provides investigation, complaint timeline and written notice requirements.
History
Each health professional regulatory board may establish a nondisciplinary confidential program, including enrollment criteria for participation in the program, for the monitoring of a licensee or certificate holder who has been reported to or who has voluntarily reported to their 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 which may impact their ability to safely practice or preform health care tasks.
A nondisciplinary confidential program may include education, therapeutic treatment and posttreatment monitoring and support. The certificate holder or licensee is responsible for any cost associated with the treatment, rehabilitation or monitoring under the nondisciplinary confidential program. The licensee or certificate holder and the health professional regulatory board may agree to enter into a nondisciplinary confidential stipulated agreement for participation in the program.
The health profession regulatory board may act if the licensee or certificate holder refuses to enter into a confidential stipulated agreement with the board or fails to comply with the agreement terms. The confidentiality requirements do not apply if the licensee or certificate holder does not comply with the stipulated agreement (A.R.S. § 32-3223).
Provisions
1.
Requires, rather than allows, each
health profession regulatory board to establish a nondisciplinary confidential
program and to provide all licensees with the opportunity to participate in the
program. (Sec. 1)
2. Requires by January 1, 2023, each health professional regulatory board to establish eligibility criteria required to enter a nondisciplinary confidential program through rulemaking or a published policy. (Sec. 1)
3. Clarifies that this does not prohibit a health profession regulatory board from engaging another health profession regulatory board or private entity to implement a treatment program. (Sec. 1)
4. Specifies that the health profession regulatory board may take 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. (Sec. 1)
5. States that notwithstanding other law, a health profession regulatory board must require complainants to identify themselves in the complaint and to make themselves available for an evidentiary interview. (Sec. 2)
6. Allows complainants to request that their identity remain confidential during the preliminary investigatory process. (Sec. 2)
7. Specifies that a respondent is entitled to the complete investigatory file, including the identity of the complainant, if the investigatory process results in a determination that a violation of law may have occurred, even if the complainant requests that their identity remain confidential. (Sec. 2)
8. Allows a health professional regulatory board to act on a complaint if the patient or complainant does not comply with their investigation if the board has sufficient evidence that a law was violated. (Sec. 2)
9. Declares that it is an act of unprofessional conduct for any permittee, licensee or certificate holder of any health professional regulatory board to file a fraudulent or false complaint or report with a health profession regulatory board. (Sec. 2)
10. Specifies that notwithstanding any other law, a health professional regulatory board's investigation of a complaint against a permittee, licensee or certificate holder must be either submitted for board review or be administratively dismissed if unsubstantiated within 180 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. (Sec. 2)
11. Specifies that a health profession regulatory board is allowed an additional 100 days to complete its review and proceed with administrative procedure to submit or dismiss the complaint without prejudice if the complaint investigation cannot be reasonably completed within 180 due to the complexity of the matter and if the respondent has not asked for additional time to respond. (Sec. 2)
12. Asserts that if a health professional regulatory board administratively dismisses a complaint without prejudice, the complaints timeline is suspended until the board has additional information, evidence or testimony to reopen and conclude the investigation with the available options for each health professional regulatory board. (Sec. 2)
13. Clarifies that this does not extend the allowed time for any health professional regulatory board to act on a complaint or investigate unprofessional conduct. (Sec. 2)
14. Prohibits a health professional regulatory board from reporting an administrative dismissal or nondisciplinary action to the national practitioner data bank. (Sec. 2)
15. Requires a health professional regulatory board before interviewing any respondent to a complaint to provide to the respondent a written notice that they have the right to be represented by counsel and be provided a reasonable period of time of at least 10 days to retain counsel or provide a response without a counsel's assistance before answering any questions. (Sec. 2)
16. Directs the written notice to the respondent to inform the respondent that any statements made during an interview may be used against the respondent by the health professional regulatory board. (Sec. 2)
17. Allows a licensee, permittee or certificate holder to waive the written notice my signing a waiver. (Sec. 2)
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21. SB 1568
22. Initials AG/JB Page 0 Caucus & COW
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