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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
physicians; wellness programs; confidentiality
Purpose
Allows any statewide non-profit association that primarily represents licensed medical or osteopathic physicians to establish a physician wellness program and states that physician participation in the program is confidential unless outlined criteria are met.
Background
The primary duty
of the Arizona Medical Board and the Board of Osteopathic Physicians and
Surgeons is to protect the public from unlawful, incompetent, unqualified,
impaired or unprofessional practice of their respective medical industries. The
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 the boards' respective industries (A.R.S. §§ 32-1403
and 32-1803).
U.S. Code §
501(c)(3) grants taxation exemptions to qualifying organizations operating for
specified purposes and who cannot 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. U.S. 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 (26
U.S.C.
§ 501).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows any statewide non-profit association that primarily represents licensed medical or osteopathic physicians to establish a physician wellness program.
2. States that record of a physician's participation in a physician wellness program is confidential and not subject to discovery, subpoena or a reporting requirement to the applicable health profession regulatory board, unless either the:
a) physician voluntarily provides for written release of the information; or
b) disclosure is required to meet a person's obligation to:
i. report criminal conduct;
ii. report an act of unprofessional conduct;
iii. report that the physician is not able to safely practice medicine; or
iv. warn an individual of an imminent threat of harm.
3. Defines physician wellness program as a program of evaluation, counseling, including substance abuse counseling, or another modality to address an issue related to career fatigue or wellness of a licensed medical or osteopathic physician.
4. Excludes, from the definition of physician wellness program, providing services that are intended to monitor for impairment.
5. Becomes effective on the general effective date.
House Action
HHS 1/24/22 DPA 9-0-0-0
3rd Read 2/3/22 56-3-1
Prepared by Senate Research
March 21, 2022
MM/MC/sr