Assigned to HHS                                                                                                                     FOR COMMITTEE

 

 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

 

FACT SHEET FOR H.B. 2808

 

medical board; disciplinary action

Purpose

Prohibits the Arizona Medical Board (AMB) from requiring or taking any action against a licensee that requires the licensee to waive any fundamental legal rights or liberties, as outlined.

Background

Any person may, and a doctor of medicine, the Arizona Medical Association (Association), a component county society of the Association and any health care institution must, report any information to the AMB that appears to show that a doctor of medicine may be: 1) medically incompetent; 2) guilty of unprofessional conduct; or 3) mentally or physically unable to engage safely in the practice of medicine. The AMB or the AMB's Executive Director must notify the doctor as to the content of the complaint as soon as reasonable. The AMB, on its own motion, may investigate any evidence reported that appears to show that the doctor of medicine may be medically incompetent, guilty of unprofessional conduct or mentally or physically unable to safely engage in the practice of medicine. The AMB may restrict a license or order a summary suspension of a license, pending proceedings for revocation or other action, if it finds that the public health, safety or welfare imperatively requires emergency action. If the AMB finds that it can take rehabilitative or disciplinary action without the presence of the doctor at a formal interview, the AMB may enter into a consent agreement with the doctor to limit or restrict the doctor's practice or to rehabilitate the doctor in order to protect the public and ensure the doctor's ability to safely engage in the practice of medicine. The AMB may also require the doctor to successfully complete a board approved rehabilitative, retraining or assessment program at the doctor's own expense (A.R.S. ยง 32-1451).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Prohibits the AMB from requiring or taking any action against a licensee that would require the licensee to waive any fundamental legal rights or liberties, without showing:

a)   a compelling interest; and

b)   that a waiver is required to protect the public's health and safety.

2.   Makes technical and conforming changes.

3.   Becomes effective on the general effective date.

 

House Action

HHS                2/17/25      DP       8-4-0-0

3rd Read          3/3/25                    36-22-2

Prepared by Senate Research

March 17, 2025

MM/KS/AO/slp