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REFERENCE TITLE: physicians; wellness programs; confidentiality |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2429 |
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Introduced by Representatives Shah: Osborne
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AN ACT
Amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding section 32-3229.01; relating to health professionals.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3229.01, to read:
32-3229.01. Physician wellness programs; confidentiality; definition
A. Any statewide association that is exempt from taxation under 26 United States code section 501(c)(6) and that primarily represents health care professionals licensed to practice medicine pursuant to chapter 13, 17 or 25 of this title may establish a physician wellness program.
B. Notwithstanding any other law, a record of a health professional'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:
1. the health professional voluntarily provides for written release of the information.
2. the disclosure is required to meet a licensee's obligation to report a criminal charge or action or unprofessional conduct or the physician is not able to safely practice medicine.
C. For the purposes of this section, "physician wellness program":
1. Means a program of evaluation, counseling or another modality to address an issue related to career fatigue or wellness in a health care professional who is licensed pursuant to chapter 13, 17 or 25 of this title.
2. Does not include providing services that are intended to monitor for impairment.