First Regular Session H.B. 2412
PROPOSED AMENDMENT
SENATE AMENDMENTS TO H.B. 2412
(Reference to House engrossed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 12-570, Arizona Revised Statutes, is amended to read:
12-570. Malpractice settlement or award reporting; civil penalty
A. If a medical malpractice action is settled or a court enters a monetary judgment, the plaintiff's attorney and the professional liability insurers shall provide the defendant's health profession regulatory board with the notice required under subsection B of this section, a copy of the complaint and a copy of either the agreed terms of settlement or the judgment. The attorney shall provide this notice and these documents within thirty days after a settlement is reached or a judgment is entered. For the purposes of this subsection, "health profession regulatory board" has the same meaning prescribed in section 32‑3201.
B. The notice required by subsection A of this section shall contain the following information:
1. The name and address of each defendant.
2. The name and address of each plaintiff.
3. The date and location of the occurrence which created the claim.
4. A statement specifying the nature of the occurrence resulting in the malpractice action.
5. A copy of all expert witness depositions, a
transcript of all expert witness court testimony or a written evaluation of the
case by an expert witness. a professional liability insurer is not
responsible for providing the information required by this paragraph.
C. The notice required by subsection A of this section is not discoverable and not admissible as evidence.
D. An attorney who does not supply the information required by subsections A and B of this section within thirty days after the notice of settlement or judgment is due under subsection A of this section is subject to a civil penalty of five hundred dollars."
Renumber to conform
Page 5, line 25, strike "one year" insert "six months"
Page 7, between lines 30 and 31, insert:
"(iii) Prescriptions written to prepare a patient for a medical
examination."
Page 10, lines 10 and 11, strike "information provided does not merit action against the licensee" insert "complaint is without merit"
Between lines 36 and 37, insert:
"Sec. 5. Section 32-1422, Arizona Revised Statutes, is amended to read:
32-1422. Basic requirements for granting a license to practice medicine
A. An applicant for a license to practice medicine in this state pursuant to this article shall meet each of the following basic requirements:
1. Graduate from an approved school of medicine or receive a medical education which the board deems to be of equivalent quality.
2. Successfully complete an approved twelve month hospital internship, residency or clinical fellowship program.
3. Have the physical and mental capability to safely engage in the practice of medicine.
4. Have a professional record which indicates that the applicant has not committed any act or engaged in any conduct which would constitute grounds for disciplinary action against a licensee under this chapter.
5. Have a professional record which indicates that the applicant has not had a license to practice medicine refused, revoked, suspended or restricted in any way by any state, territory, district or country for reasons which relate to the applicant’s ability to competently and safely practice medicine.
5. not have
had a license to practice medicine revoked by a medical regulatory board in
another jurisdiction in the United States for an act that occurred in that
jurisdiction and that constitutes unprofessional conduct pursuant to this
chapter.
6. not be
currently under investigation, suspension or restriction by a medical
regulatory board in another jurisdiction in the United States for an act that
occurred in that jurisdiction and that constitutes unprofessional conduct pursuant
to this chapter. if the applicant is
under investigation by a medical regulatory board in another jurisdiction, the
board shall suspend the application process and may not issue or deny a license
to the APPLICANT until the investigation is resolved.
7. not have
surrendered a license to practice medicine in lieu of disciplinary action by a
medical regulatory board in another jurisdiction in the United STates for an
act that occurred in that jurisdiction and that constitutes unprofessional conduct
pursuant to this chapter.
6. 8. Pay all fees required by the board.
7. 9. Complete the application as required by the board.
B. The board may require the submission of such credentials or other evidence, written and oral, and make any investigation it deems necessary to adequately inform itself with respect to an applicant's ability to meet the requirements prescribed by this section, including a requirement that the applicant for licensure undergo a physical examination, a mental evaluation and an oral competence examination and interview, or any combination thereof, as the board deems proper.
C. In determining if the requirements of subsection A, paragraph 4 have been met, if the board finds that the applicant committed an act or engaged in conduct that would constitute grounds for disciplinary action, the board shall determine to its satisfaction that the conduct has been corrected, monitored and resolved. If the matter has not been resolved, the board shall determine to its satisfaction that mitigating circumstances exist which prevent its resolution.
D. In determining if the requirements of subsection A, paragraph 5 6 have been met, if another jurisdiction has taken disciplinary action against an applicant, the board shall determine to its satisfaction that the cause for the action was corrected and the matter resolved. If the matter has not been resolved by that jurisdiction, the board shall determine to its satisfaction that mitigating circumstances exist which prevent its resolution.
E. The board may delegate authority to the executive director to deny licenses if applicants do not meet the requirements of this section.
Sec. 6. Section 32-1427, Arizona Revised Statutes, is amended to read:
32-1427. Application; hearing on deficiencies in application; interview; probationary license
A. Each applicant for licensure shall submit a notarized completed application as prescribed by the board together with the fee prescribed in this article. The application shall indicate whether the application is by written examination or by endorsement. The board may require the submission of any evidence, credentials and other proof necessary for it to determine if verify that the applicant meets the requirements for licensure.
B. Each application submitted pursuant to this section shall contain the oath of the applicant that:
1. All of the information contained in the application and accompanying evidence or other credentials submitted are true.
2. The credentials submitted with the application were procured without fraud or misrepresentation or any mistake of which the applicant is aware and that the applicant is the lawful holder of the credentials.
3. The applicant authorizes the release of any information from any source requested by the board necessary for initial and continued licensure in this state.
C. All applications, completed or otherwise, together with all attendant evidence, credentials and other proof submitted with the applications are the property of the board.
D. The board, promptly and in writing, shall inform an applicant of any deficiency in the application that prevents the application from being processed.
E. On request the board shall grant an applicant who disagrees with the statement of deficiency a hearing before the board at its next regular meeting if there is time at that meeting to hear the matter. The board shall not delay this hearing beyond one regularly scheduled meeting. At any hearing granted pursuant to this subsection, the burden of proof is on the applicant to demonstrate that the alleged deficiencies do not exist.
F. Applications are considered withdrawn:
1. On the applicant's written request.
2. Except for good cause shown, if the applicant does not appear for an interview with the board.
3. If the applicant does not submit within one year of notification the necessary evidence, credentials or other proof identified by the board as being deficient pursuant to subsection D of this section.
G. The board may deny a license to an applicant who does not meet the requirements of this article.
H. If an applicant does not meet the requirements of section 32‑1422, subsection A, paragraph 3 the board may issue a license subject to any of the following probationary conditions:
1. Require the licensee's practice to be supervised by another physician.
2. Restrict the licensee's practice.
3. Require the licensee to continue medical or psychiatric treatment.
4. Require the licensee to participate in a specified rehabilitation program.
5. Require the licensee to abstain from alcohol and other drugs.
I. If the board offers a probationary license to an applicant pursuant to subsection H of this section, it shall notify the applicant in writing of the following:
1. The applicant's specific deficiencies.
2. The probationary period.
3. The applicant's right to reject the terms of probation.
4. If the applicant rejects the terms of probation, the applicant's right to a hearing on the board's denial of the application."
Renumber to conform
Page 12, line 1, strike "If requested,"
Line 3, after "impairment" insert "or the name of the person who files a
complaint if thE person requests anonymity"
Page 13, strike line 19, insert "doctor. AT
LEAST TEN BUSINESS DAYS BEFORE THE FORMAL INTERVIEW conducted pursuant to this
section, at the doctor's request, THE BOARD SHALL PROVIDE THE DOCTOR or the
doctor's attorney with the following information:
1. ANY
REVIEW CONDUCTED BY AN EXPERT OR CONSULTANT WHO PROVIDED AN EVALUATION OF OR
OPINION ON THE ALLEGATIONS.
2. aNY
PATIENT RECORDS OBTAINED BY THE BOARD FROM OTHER HEALTH CARE PROVIDERS.
3. THE
RESULTS OF ANY EVALUATION OR TEST OF THE DOCTOR CONDUCTED AT THE BOARD'S
DIRECTION.
4. ANY OTHER
FACTUAL INFORmATION THAT THE BOARD WILL USE IN MAKING ITS DETERMINATION.
H. If the doctor refuses the invitation for a formal interview or accepts and the results"
Reletter to conform
Line 30, strike "information" insert "complaint"
Page 14, lines 12 and 15, strike "G" insert "h"
Line 16, strike "H" insert "I"
Line 42, after "committees" insert "of not less than three members, and that include a public member."
Line 45, strike "information provided does not" insert "complaint is without"; strike "action against the licensee"
Page 15, after line 30, insert:
"t. in
DETERMINING the appropriate disciplinary action under this section, the board
shall consider all previous nondisciplinary and disciplinary actions against a
licensee.
Sec. 9. Section 32-1451.01, Arizona Revised Statutes, is amended to read:
32-1451.01. Right to examine and copy evidence; witnesses; documents; testimony; representation
A. In connection with the investigation by the board on its own motion, or as the result of information received pursuant to section 32-1451, subsection A, the board or its duly authorized agents or employees at all reasonable times may examine and copy any documents, reports, records or other physical evidence of the person it is investigating or that is in possession of any hospital, clinic, physician's office, laboratory, pharmacy, public or private agency, health care institution as defined in section 36‑401 and health care provider and that relates to medical competence, unprofessional conduct or the mental or physical ability of a licensee to safely practice medicine.
B. For the purpose of all investigations and proceedings conducted by the board:
1. The board on its own initiative or on application of any person involved in the investigation may issue subpoenas to require the attendance and testimony of witnesses or to demand the production for examination or copying of documents or any other physical evidence that relates to medical competence, unprofessional conduct or the mental or physical ability of a licensee to safely practice medicine. Within five days after a person is served with a subpoena that person may petition the board to revoke, limit or modify the subpoena. The board shall do so if in its opinion the evidence required does not relate to unlawful practices covered by this chapter, is not relevant to the charge that is the subject matter of the hearing or investigation or does not describe with sufficient particularity the physical evidence whose production is required. Any member of the board or any agent designated by the board may administer oaths or affirmations, examine witnesses and receive evidence.
2. Any person appearing before the board may be represented by counsel.
3. On application by the board or by the person subpoenaed, the superior court may issue an order to either:
(a) Require the subpoenaed person to appear before the board or the duly authorized agent to produce evidence relating to the matter under investigation.
(b) Revoke, limit or modify the subpoena if in the court's opinion the evidence demanded does not relate to unlawful practices covered by this chapter, is not relevant to the charge which is the subject matter of the hearing or investigation or does not describe with sufficient particularity the evidence whose production is required.
C. Patient records, including clinical records,
medical reports, laboratory statements and reports, any file, film, other
report or oral statement relating to diagnostic findings or treatment of
patients, any information from which a patient or the patient's family might be
identified or any information received and records or reports kept by the board
as a result of the investigation procedure outlined in this chapter are not
available to the public. At the doctor's request, A person who obtains INFORMATION from the board pursuant to
this subsection shall not RELEASE it to any other person or entity or use it in
any proceeding or action except the formal interview and any ADMINISTRATIVE
proceedings or appeals related to the formal interview. the board shall provide
to the doctor and the doctor's attorney the INFORMATION listed in section
32-1451, subsection g as prescribed in that subsection. the board may charge
the physician or the physician's attorney for the cost of the information
listed in section 32-1451 up to the fee for making a copy of each page as
prescribed by section 12-284, subsection a.
D. This section and any other law making communications between a physician and a physician's patient privileged does not apply to investigations or proceedings conducted pursuant to this chapter. The board and its employees, agents and representatives shall keep in confidence the names of any patients whose records are reviewed during the course of investigations and proceedings pursuant to this chapter.
E. Hospital records, medical staff records, medical staff review committee records and testimony concerning these records and proceedings related to the creation of these records are not available to the public, shall be kept confidential by the board and are subject to the same provisions concerning discovery and use in legal actions as are the original records in the possession and control of hospitals, their medical staffs and their medical staff review committees. The board shall use such records and testimony during the course of investigations and proceedings pursuant to this chapter.
F. The court may find a person who does not comply with a subpoena issued pursuant to this section in contempt of court.
Sec. 10. Title 32, chapter 13, article 3, Arizona Revised Statutes, is amended by adding section 32-1451.02, to read:
32-1451.02. Disciplinary action; reciprocity
A. The board
shall initiate an investigation pursuant to section 32‑1451 if a medical
regulatory board in another jurisdiction in the United States has taken
disciplinary action against a licensee for an act that occurred in that
JURISDICTION that CONSTITUTES unprofessional conduct pursuant to this chapter.
B. The board shall order the summary suspension of a license pending proceedings for revocation or other action if a medical regulatory board in another jurisdiction in the United States has taken the same action because of its belief that the public health, safety or welfare imperatively required emergency action."
Amend title to conform
SUSAN GERARD |