ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

 

HB 2686: health profession regulatory boards

Sponsor: Representative Bliss, LD 1

Committee on Health & Human Services

Overview

Establishes procedures and timeframes for Health Profession Regulatory Boards (HPRB) when handling complaints.

History

A Health Profession Regulatory Board is any board that regulates one or more health professions in this state. An HPRB is prohibited from acting on its own motion or on any complaint received in which an allegation of unprofessional conduct or other violations that applies to a professional who holds an Arizona license or certificate occurred more than four years before the complaint is received by the board. This time limit does not apply to: 1) medical malpractice settlements or judgments, allegations of sexual misconduct or an incident or occurrence that involved a felony, diversion of a controlled substance or impairment while practicing by the licensee or certificate holder; and 2) the board's consideration of the specific unprofessional conduct related to the licensee's or certificate holder's failure to disclose conduct or a violation as required by law (A.R.S. §§ 32-3218 and 32-3224).

Each HPRB may establish a nondisciplinary confidential program, including enrollment criteria, for the monitoring of a licensee or certificate holder who has been reported or voluntarily reports to their HPRB 1) that they may be chemically dependent or have a substance misuse history; or 2) that they may have a medical psychiatric, psychological or behavioral health disorder that may impact their ability to practice safely. A program 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 the program. The HPRB and licensee or certificate holder may enter into a nondisciplinary confidential stipulated agreement for participation in a program. The HPRB may take further 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 (A.R.S. § 32-3223).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteInstructs HPRBs to require complainants to identify themselves in the complaint and make themselves available for an evidentiary interview. (Sec. 1)

2.   Permits complainants to request that their identity remain confidential during the investigatory process. (Sec. 1)

3.   Entitles a respondent to review a complete investigatory file, including the identity of the complainant if the investigatory process results in a determination that a violation may have occurred. (Sec. 1)

4.   Allows a HPRB to continue to maintain the complainant's confidentiality from the licensee until the conclusion of the administrative process. (Sec. 1)

5.   Allows HPRBs to conduct a closed evidentiary hearing if the complainant requests the complainant's identity remain private and the HRPB has a reasonable basis to conduct the hearing. (Sec. 1)

6.   Allows HPRBs to act on a complaint if the complainant refuses to identify themselves only if the HPRB has sufficient information that a violation may have occurred within its jurisdiction that directly impacts the safety of patients. (Sec. 1)

7.   Requires HPRBs to limit an investigation of a complaint to those investigative subjects and actions that are substantially linked to the issues raised in the complaint and that would reasonably be taken to investigate the issue in the complaint. (Sec. 1)

8.   Requires HPRBs, if on reasonable belief that a crime has been committed, to seek legal advice from its assigned legal counsel on whether they should report the alleged criminal conduct to the appropriate criminal justice agency, including whether any statutory reporting requirements exist. (Sec. 1)

9.   Asserts that if the HPRB has reasonable belief that conduct by a licensed, permitted or certificated individual or other entity over which the HRPB does not have jurisdiction may violate the law or codes of conduct, the HRPB must report the conduct to the appropriate state regulatory board or state agency. (Sec. 1)

10.  Asserts that it is an act of unprofessional conduct for any licensee, permittee or certificate holder of any HPRB to file a false, fraudulent or anonymous complaint or report with the HPRB. (Sec. 1)

11.  Directs each HPRB to implement a policy prioritizing complaint based on the harm to a patient or potentially to the public. (Sec. 1)

12.  Instructs a HPRB to assign high priority status to complaints alleging sexual conduct with a patient, criminal assault, theft or providing services while under the influence or any illegal or legal substance that impairs the health professional. (Sec. 1)

13.  Requires an HPRB, within 180 days after receipt of a complaint against a licensee, permittee or certificate holder, an HPRB to do one of the following:

a)   submit the investigation for review;

b)   report the number of investigations that cannot be reasonably completed within 180 days due to the complexity of the matter or that the respondent has requested additional time to respond or has caused delays in the investigation; or

c) administratively dismiss the complaint without prejudice. (Sec. 1)

14.  Specifies that if it has been determined that the HPRB cannot complete an investigation within 180 days, HPRB may continue the investigation to its conclusion and report at each regularly scheduled meeting the status of every case opened over the previous 180 days. (Sec. 1)

15.  Requires HPRB to include in the uncompleted investigations report, the number of days the investigation has been opened and whether there is a practice restriction or evaluation. (Sec. 1)

16.  Allows a HPRB to continue its investigation for an additional 100 days to complete its investigation and proceed with the administrative procedure to submit the complaint for review. (Sec. 1)

17.  Allows, if an HPRB administratively dismisses a complaint without prejudice, HPRBs to reopen their investigation if it has additional evidence, information or testimony to conclude the investigation with the available options prescribed for each HPRB. (Sec. 1)

18.  Prohibits HPRBs from making an administrative dismissal or nondisciplinary remedial act publicly available or report any such action to the National Practitioner Data Bank, consistent with federal law. (Sec. 1)

19.  Prohibits HPRBs from stating that there are nondisciplinary remedial actions or dismissed actions available for review. (Sec. 1)

20.  Requires HPRBs, on notification of an open investigation and before an investigation interview of any respondent, to provide the respondent with a written notice stating the following:

a)   the respondent has the right to be represented by legal counsel;

b)   the respondent must be provided with a reasonable period of time of at least 10 days after receiving the written notice to retain legal counsel; and

c) the respondent has the right to provide a response without assistance of counsel before answering questions. (Sec. 1)

21.  Asserts that the written notice must inform the respondent that any statements made during an interview may be used against the respondent by the HPRB. (Sec. 1)

22.  States that if a HPRB determines and orders that a licensee, permittee or certificate holder obtain a psychological, psychiatric or other medical evaluation and the person requests that the evaluation be made by a professional other than the professional recommended by the HPRB, the HPRB must approve an evaluation from a professional with the credentials, training and expertise to address the issues the HPRB has requested in its order. (Sec. 1)

23.  Requires HPRBs to post all written substantive policies in a clearly identifiable section on its website. (Sec. 1)

24.  Prohibits HPRBs from including any questions on a license, permit, certificate or an endorsement application that requests information about whether the applicant has sought mental health assistance or has received a mental health diagnosis or treatment. (Sec. 1)

25.  Permits HPRBs to ask if the licensee is currently under a regulatory entity's order in another state for the monitoring of a health condition, including substance abuse. (Sec. 1)

26.  Allows HPRBs to administratively suspend a license, permit or certificate if the licensee, permittee or certificate holder does not submit a complete application and payment for renewal within 60 days after the renewal deadlines and assess a civil penalty for the renewal delay from the date the renewal was due until completed and paid. (Sec. 1)

27.  Prohibits HPRBs from revoking a license, permit or certificate solely on the failure to renew the license, permit or certificate. (Sec. 1)

28.  Defines without prejudice. (Sec. 1)

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32.                    HB 2686

33.  Initials AG/MT    Page 0 Health & Human Services

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