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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, investigation,
complaint timeline and written notice 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
Non-Disciplinary Confidential Program
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. Requires, by January 1, 2023, each health profession regulatory board to establish the eligibility criteria required to enter into a non-disciplinary confidential program through a published policy or rulemaking.
4. States that the established non-disciplinary confidential program does not prohibit a health profession regulatory board from engaging another health profession regulatory board or a private entity to implement a treatment program.
5. 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.
6. Allows the health profession regulatory board to take action on a complaint if the:
a) patient or complainant does not comply with the board's investigation; and
b) board has sufficient evidence of a violation of law.
7. States that it is an act of unprofessional conduct for any licensee, permittee or certificate holder to file a false or fraudulent complaint or report with a health profession regulatory board.
8. Requires health profession regulatory boards to require complainants to identify themselves in the complaint and make themselves available for an evidentiary interview.
9. Allows complainants to request that their identity remain confidential during the preliminary investigatory process.
10. 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.
Complaint Timeline
11. 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.
13. States that the time extension does not apply for any health profession regulatory board to act on a complaint or investigate unprofessional conduct.
14. Stipulates that, 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 and conclude the investigation with the available options prescribed for the board.
15. Prohibits a health profession regulatory board from reporting an administrative dismissal or non-disciplinary action to the National Practitioner Data Bank.
Written Notice
16. 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.
17. Requires the written notice to also inform the respondent that any statements made during an interview may be used against the respondent by the health profession regulatory board.
18. Allows a licensee, permittee or certificate holder to waive the written notice by signing a waiver of notice.
Miscellaneous
19. Makes technical and conforming changes.
20. 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.
Amendments Adopted by Committee of the Whole
2. States that the established program does not prohibit a health profession regulatory board from engaging another health profession regulatory board or private entity to implement a treatment program.
3. Allows the health profession regulatory board to act on a complaint if the:
a) patient or complainant does not comply with the board's investigation; and
b) board has sufficient evidence of a violation of law.
4. States that it is unprofessional conduct for any licensee, permittee or certificate holder to file a false or fraudulent complaint or report with a health profession regulatory board.
5. Grants health profession regulatory boards an additional 100 days to investigate if an investigation cannot be completed within 180 days, rather than 120 days.
6. Stipulates that, if a board administratively dismisses a complaint without prejudice, the complainant's timeline is suspended until the board has additional evidence to reopen and conclude the investigation.
7. States that the timeline extension does not apply to health profession regulatory boards acting on a complaint or investigating unprofessional conduct.
8. Prohibits a health profession regulatory board from reporting an administrative dismissal or non-disciplinary action to the National Practitioner Data Bank.
9. Modifies written notice requirements.
Senate Action
HHS 2/16/22 DPA 4-3-1
Prepared by Senate Research
March 14, 2022
MM/MC/sr/slp