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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
health professionals; address; confidentiality
Purpose
Allows a health professional to request that the court prohibit the general public from accessing specified personal information.
Background
An eligible person may request that the general public be prohibited from accessing identifying information relating to the eligible person in records that are maintained by the county recorder, county assessor, county treasurer or the Arizona Department of Transportation (ADOT). Identifying information may include an entire record or specified information contained in a record. An eligible person may request the prohibition by filing an affidavit that states information as prescribed by statute with the superior court in the county that the eligible person resides. The affidavit and application form is developed by the Administrative Office of the Courts in agreement with an association of counties, an organization of peace officers and ADOT (A.R.S. §§ 11-483 and 11-484). An eligible person includes a: 1) former public official; 2) peace officer; 3) justice; 4) judge; 5) commissioner; 6) hearing officer; 7) public defender; 8) prosecutor; 9) code enforcement officer; 10) adult or juvenile corrections officer; or 11) additional persons as outlined by statute (A.R.S. §§ 11-483; 11-484; 28-454; 39-123; and 39-124).
A person commits a class 5 felony if the person knowingly makes the personal information of certain eligible persons available on the internet and if: 1) the dissemination of the personal information poses an imminent and serious threat to the safety of the eligible person or the eligible person's family; and 2) the threat is reasonably apparent to the person making the information available on the internet to be serious and imminent (A.R.S. § 13-2401).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds a health professional to the definition of an eligible person who may request that the general public be prohibited from accessing the person's identifying information, including:
a) specified information in the person's voting record; or
b) records maintained by ADOT, the county recorder, county assessor and county treasurer.
2. Prohibits a person from knowingly making a health professional's personal information available on the internet if the dissemination of the personal information poses an imminent and serious threat to the safety of the health professional or the health professional's immediate family.
3. Adds, to the definition of personal information, a health professional's home address, home telephone number, pager number, personal photograph, directions to the person's home or photographs of the person's home or vehicle.
4.
Defines a health professional as a podiatrist, chiropractor,
dentist, physician, naturopathic physician, nurse, dispensing optician,
optometrist, osteopathic physician, pharmacist, physical therapist, psychologist,
veterinarian, physician assistant, radiologic technologist, homeopathic
physician, behavioral health professional, occupational therapist, respiratory
care examiner, acupuncturist, athletic trainer, massage therapist, nurse,
midwife, audiologist or
speech-language pathologist.
5. Includes a health professional's spouse, child or parent and any other adult who lives in the same residence as the health professional to the definition of immediate family.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 7, 2023
ZD/SB/sr