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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
health professionals; complaints; investigations
Purpose
Requires, rather
than allows, each health profession regulatory board to establish a
non-disciplinary confidential program and outlines program and investigation
requirements.
Background
Current statute
permits each health profession regulatory board to establish a
non-disciplinary confidential program for the
monitoring of licensees or certificate holders who: 1) have been reported to or
who voluntarily report to the respective regulatory board and may be chemically
dependent or have a substance misuse history; or 2) 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.
The non-disciplinary confidential program may include education, intervention, therapeutic treatment and post-treatment monitoring and support. The licensee or certificate holder is responsible for the costs associated with any program treatment, rehabilitation or monitoring. The health profession regulatory board and the licensee or certificate holder may agree to enter into a non-disciplinary confidential stipulated agreement for program participation. The health profession regulatory board may take further action if the licensee or certificate holder refuses to enter into a non-disciplinary confidential stipulated agreement with the board or fails to comply with the agreement's terms. The confidentiality requirements do not apply if the licensee or certificate holder does not comply with the stipulated agreement (A.R.S. § 36-3223).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1.
Requires, rather than allows, each health profession regulatory board to
establish a
non-disciplinary confidential program.
2. Requires each health profession regulatory board to provide all licensees with the opportunity to participate in a non-disciplinary confidential program.
3. Allows a health profession regulatory board to take action, including disciplinary action, if a licensee or certificate holder refuses to enter into a non-disciplinary confidential stipulated agreement or fails to comply with the agreement's terms.
4. Requires health profession regulatory boards to require complainants to identify themselves in the complaint and make themselves available for an evidentiary interview.
5. Allows complainants to request that their identity remain confidential during the preliminary investigatory process.
6. States 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.
7. Requires the investigation of a complaint by any health profession regulatory board against a permittee, certificate holder or licensee to be submitted for board review or administratively dismissed, if unsubstantiated, within 180 days of the complaint, regardless of whether the complaint is filed on the board's own motion or by a third-party complainant.
9. Requires health profession regulatory boards to provide each respondent with a written notice that the respondent has the right to be represented by counsel prior to an interview and allow the respondent at least 10 business days to retain counsel or provide a response without counsel assistance before answering any questions.
10. Makes technical and conforming changes.
11. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Allows the health profession regulatory board an additional 100 days to complete its investigation and submit the complaint for board review or dismiss the complaint without prejudice if the investigation cannot be completed within 120 days and the respondent has not requested additional time to respond.
2. Allows a respondent to respond to complaint interview questions without counsel assistance.
3. Removes the requirement that the health professional regulatory board pay the evaluation and report expenses on behalf of the licensee or certificate holder.
Senate Action
HHS 2/16/22 DPA 4-3-1
Prepared by Senate Research
February 18, 2022
MM/MC/sr/slp