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REFERENCE TITLE: health professionals; complaints; investigations |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SB 1568 |
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Introduced by Senator Barto
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AN ACT
amending section 32-3223, Arizona Revised Statutes; 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. Section 32-3223, Arizona Revised Statutes, is amended to read:
32-3223. Health profession regulatory boards; nondisciplinary confidential monitoring programs
A. Each health profession regulatory board may shall establish a nondisciplinary confidential program, including enrollment criteria for participation in the program, and provide all licensees with the opportunity to participate in a nondisciplinary confidential program for the monitoring of a licensee or certificate holder who has been reported to or who voluntarily reports to the licensee's or certificate holder's 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 that may impact the licensee's or certificate holder's ability to safely practice or perform health care tasks.
B. A program established pursuant to subsection A of this section may include education, intervention, therapeutic treatment and posttreatment monitoring and support. The licensee or certificate holder is responsible for the costs associated with any treatment, rehabilitation or monitoring under a program established pursuant to subsection A of this section. The health profession regulatory board and the licensee or certificate holder may agree to enter into a nondisciplinary confidential stipulated agreement for participation in a program established pursuant to subsection A of this section.
C. The health profession regulatory board may take further 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. The confidentiality requirements of this section do not apply if the licensee or certificate holder does not comply with the stipulated agreement.
Sec. 2. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3229.01, to read:
32-3229.01. Health profession regulatory boards; complaints; investigations; complainant confidentiality; exceptions; notice; evaluation expenses
A. Notwithstanding any other provision of this title, a health profession regulatory board shall require complainants to identify themselves in the complaint and make themselves available for an evidentiary interview. complainants may request that their identity remain confidential during the preliminary investigatory process. Notwithstanding a complainant's request to remain confidential during the preliminary investigatory process, if the investigatory process results in a determination that a violation of law may have occurred, the respondent is entitled to the complete investigatory file, including the identity of the complainant for purposes of providing a comprehensive response to the complaint.
B. Notwithstanding any other provision of this title, the investigation of a complaint by any health profession regulatory board against a permittee, certificate holder or licensee shall be submitted for board review or administratively dismissed, if unsubstantiated, within one hundred eighty days 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. If the complaint investigation cannot be reasonably completed within one hundred twenty days due to the complexity of the matter, the health profession regulatory board is allowed an additional one hundred days to complete its review and proceed with the administrative procedure to submit the complaint for board review or dismiss the complaint.
C. Before interviewing any respondent to a complaint, the health profession regulatory board shall provide the respondent with a notice that the respondent has the right to be represented by counsel and shall be provided with a reasonable period of time of at least ten business days to retain counsel before answering any questions.
D. For complaints or investigations that pertain to a known or suspected physical injury, physical illness, substance use disorder or mental illness that may impair the ability of a licensee or certificate holder to safely practice and for which the health profession regulatory board requests or requires a fitness for duty evaluation by a board-approved practitioner, the health profession regulatory board shall pay the reasonable expenses of the evaluation and report on behalf of the licensee or certificate holder.