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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
health profession regulatory boards
Purpose
Requires a health profession regulatory board (Board) to require complainants to identify themselves in their complaints and make themselves available for an evidentiary interview. Establishes guidelines for Board investigations into complaints made against a licensee, permittee or certificate holder.
Background
Statute authorizes each Board to establish a non-disciplinary confidential program, including enrollment criteria for participation in the program, for the monitoring of a licensee or certificate holder who has been reported to or who voluntarily reports to the applicable regulatory board and who may be chemically dependent, have a substance misuse history or have a medical, psychiatric, psychological or behavioral health disorder that may impact the person's ability to safely practice or perform health care tasks. This 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 this program. The board may take further action if the licensee or certificate holder refuses to enter a non-disciplinary 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 (A.R.S. § 32-3223).
Health profession regulatory board means any board that regulates one or more health
professionals in Arizona (A.R.S. § 32-3218). Health professionals include: 1) podiatrists;
2) chiropractors; 3) dentists; 4) medical physicians and surgeons; 5)
naturopathic physicians; 6) nurses; 7) dispensing opticians; 8) optometrists;
9) osteopathic physicians and surgeons; 10) pharmacists;
11) physical therapists; 12) psychologists; 13) veterinarians; 14) physician
assistants; 15) radiologic technologists; 16) homeopathic physicians; 17)
behavioral health professionals; 18) occupational therapists; 19) respiratory
therapists; 20) acupuncturists; 21) athletic trainers; 22) massage therapists;
23) nursing care institution administrators; 24) assisted living facilities
managers; 25) midwifes;
26) audiologists; and 27) speech pathologists (A.R.S. § 32-3201).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
2. Allows a complainant to request confidentiality during the investigatory process.
3. Allows a respondent, in an investigatory process where a Board determines that a violation of law may have occurred, to review the complete investigatory file, including the identity of the complainant.
4. Allows a Board to continue to maintain a complainant's confidentiality from a licensee until the conclusion of the administrative process.
5. Allows a Board to conduct a closed evidentiary hearing if:
a) a complainant requests confidentiality; and
b) the Board has a reasonable basis to conduct the hearing.
6. Allows a Board to act on a complaint if a complainant refuses to relinquish confidentiality only if the Board has sufficient information that a violation may have occurred within its jurisdiction that directly impacts patient safety.
7. Requires a Board to limit an investigation of a complaint to only investigative subjects and actions that:
a) are relevant and material to the issues raised in the complaint; and
b) would be reasonably taken to investigate the issues in the complaint.
8. Allows a Board to investigate any issue or evidence of unprofessional conduct that is discovered or brought to the Board's attention during the investigation of the original complaint.
9. Requires a Board, if it reasonably believes that a crime has been committed, to seek legal advice from its assigned legal counsel on whether the Board should report the alleged criminal conduct to the appropriate criminal justice agency, including determining if any statutory reporting requirements exist.
10. Stipulates that, if a Board reasonably believes that the conduct of a licensee, permittee, certificate holder or other entity over which the Board lacks jurisdiction may violate the law or codes of conduct, the Board must report the conduct to the appropriate state regulatory board agency with jurisdiction.
11. Declares the act of filing a false or fraudulent complaint or report with a Board an act of unprofessional conduct of a licensee.
12. Requires each Board to implement a policy prioritizing complaints based on the harm to a patient and the potential harm to the public.
13. Requires each Board to assign high priority status to complaints alleging:
a) sexual conduct with a patient;
b) criminal assault or theft; or
c) the provision of services while under the influence of any illegal or legal substance with an impairing effect.
14. Requires, within 180 days after a Board receives a complaint against a licensee, permittee or certificate holder, the Board to:
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, the respondent requesting additional time to respond or the respondent causing delays in the investigation; or
c) administratively dismiss the complaint without prejudice.
15. Allows a Board, if it determines that an investigation cannot be reasonably completed within 180 days, to:
a) continue the investigation to its conclusion within an additional 180 days;
b) continue to report the status of every case opened over the previous 180 days at each regularly scheduled meeting, including the number of days that the investigation has been opened and whether the licensee under investigation is subject to a practice restriction or psychological, psychiatric or other medical evaluation; and
c) proceed with the administrative procedure to submit the complaint for Board review.
16. Allows a Board, for a complaint that it has administratively dismissed without prejudice, to reopen an investigation if it has additional evidence, information or testimony to conclude the investigation with the available options prescribed for the Board.
17. Requires a Board, upon notification of an open investigation and before an investigational interview of a respondent, to provide the respondent with:
a) a written notice specifying the respondent's right to be represented by legal counsel and that any statements made by the respondent during an interview may be used against the respondent by the Board; and
b) a reasonable period of at least 10 business days after receiving the written notice, to allow the respondent to retain legal counsel or provide a response without the assistance of counsel before answering any questions.
18. Requires each Board or its designee to approve a psychological, psychiatric or other medical evaluation from a professional with the credentials, training and expertise to address issues that the Board has requested by order, if the:
a) Board determines that an evaluation of a licensee, permittee or certificate holder is essential for the Board to make a decision regarding the complaint;
b) board orders the licensee, permittee or certificate holder to obtain an evaluation; and
c) licensee requests that the evaluation be made by a professional other than the professionals recommended by the Board.
19. Requires each Board to post, in a clearly identifiable section on its website, all written substantive policies.
20. Prohibits a Board from including any questions about whether an applicant has sought mental health assistance or received a mental health diagnosis or treatment on a license, permit, certificate or endorsement application.
21. Allows a Board to ask if a licensee is currently under a regulatory entity's order in another state for the monitoring of a health condition, including substance abuse.
22. Allows a Board to administratively suspend a license, permit or certificate if the licensee, permittee or certificate holder does not submit a complete application and payment for license, permit or certificate renewal within 60 days after the renewal deadline.
23. Allows a Board to assess, from the renewal deadline until the date the renewal has been completed and paid, a civil penalty for the renewal delay of a license, permit or certificate.
24. Prohibits a Board from revoking a license, permit or certificate solely for failure to renew the license, permit or certificate.
25. Defines without prejudice as allowing a Board to open another complaint based on the same set of facts of a complaint that has been dismissed if additional evidence or information becomes available to substantiate the complaint.
26. Becomes effective on the general effective date.
House Action
HHS 2/15/24 DP 6-4-0-0
3rd Read 2/28/24 32-27-0-0-1
Prepared by Senate Research
March 15, 2024
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