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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: HHS DPA 6-0-1-0 | 3rd Read 25-5-0-0 |
SB 1081: obstetrics; gynecology services; rural communities
S/E: timelines; complaints; health boards
Sponsor: Senator Shamp, LD 29
Committee on Health & Human Services
Summary of the Strike-Everything Amendment to SB 1081
Overview
Establishes requirements for health profession regulatory boards that refer complaints or information that indicates that a health professional may have committed a misdemeanor or felony offense to a law enforcement agency.
History
A health profession regulatory board (Board) means any board that regulates one or more health professionals in Arizona (A.R.S. § 32-3201).
Arizona health profession regulatory boards include the: 1) Arizona Board of Podiatry Examiners; 2) Arizona Board of Chiropractic Examiners; 3) Arizona State Board of Dental Examiners; 4) Arizona Medical Board; 5) Arizona Naturopathic Physicians Medical Board; 6) Arizona State Board of Nursing; 7) Arizona State Board of Dispensing Opticians; 8) Arizona State Board of Optometry; 9) Arizona Board of Osteopathic Examiners in Medicine and Surgery; 10) Arizona State Board of Pharmacy; 11) Arizona State Board of Physical Therapy; 12) Arizona Board of Psychologist Examiners; 13) Arizona State Veterinary Medical Examining Board; 14) Arizona Regulatory Board of Physician Assistants; 15) Arizona Board of Homeopathic and Integrated Medicine Examiners; 16) Arizona Board of Behavioral Health Professionals; 17) Arizona Board of Occupational Therapy Examiners; 18) Arizona State Board of Respiratory Care Examiners; 19) Arizona Acupuncture Board of Examiners; 20) Arizona Board of Athletic Training; 21) Arizona State Board of Massage Therapy; and 22) Arizona Nursing Care Institution Administrators and Assisted Living Facility Managers (A.R.S. § 32-3201).
Provisions
1. Requires a Board to refer complaints or information indicating that a health professional may have committed a misdemeanor or felony offense to the appropriate law enforcement agency within two business days of receiving the complaint or information. (Sec. 1)
2. Allows a Board to restrict, limit or order a summary suspension of a health professional's license, pending action by law enforcement, if the Board finds that the public health, safety or welfare requires emergency action based upon findings from a complaint or information the Board referred to the law enforcement agency. (Sec. 1)
3. Requires the law enforcement agency that receives the complaint or information to inform the Board of:
a) the outcome of the investigation; and
b) whether charges are filed against the health professional who is the subject of the complaint. (Sec. 1)
4. Allows the Board to investigate whether the complaint or information constitutes a violation of unprofessional conduct against the health professional if:
a) the case is not referred for prosecution; or
b) charges are not filed. (Sec. 1)
5. Prohibits a health professional from filing an anonymous complaint with a Board unless the health professional witnessed the licensee or certificate holder who is the subject of the complaint committing the misdemeanor, felony offense or act of unprofessional conduct. (Sec. 1)
6. Directs a Board or its executive director, if delegated, to take final action on a complaint that is unrelated to protecting the public health and safety within one year after receiving the complaint, unless the Board has more restrictive statutes. (Sec. 1)
7. Deems the complaint administratively closed if a Board or its executive director, if delegated, has not taken final action on the complaint, except if a Board has more restrictive statutes. (Sec. 1)
8. Directs the Attorney General (AG), at the request of at least one member of the Legislature, to investigate any action taken by a Board that the member alleges violates state law, rules or the Arizona State Constitution. (Sec. 2)
9. Requires the AG to refer a complaint to a county attorney for investigation if the AG determines that a conflict of interest exists that prohibits them from investigating a complaint or action taken by a Board. (Sec. 2)
10. Requires the referral to be made on a random basis using a method that ensures impartiality and prevents the AG from selecting a specific county attorney. (Sec. 2)
11. Instructs the AG to maintain a record of all referrals made including the method of randomization used to ensure compliance with the complaint referral requirements. (Sec. 2)
12. Directs the AG or, if applicable, the county attorney who received a referral to make a written report of findings and conclusions as a result of the investigation within 30 days after receipt of the request and provide a copy of the report to the:
a) Governor;
b) President of the Senate;
c) Speaker of the House of Representatives;
d) member of the Legislature that made the request for an investigation; and
e) Secretary of State. (Sec. 2)
13. Defines health profession regulatory board to mean any board that regulates one or more health professionals in Arizona. (Sec. 2)
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17. SB 1081
18. Initials AG/BG Page 0 Health & Human Services
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