ARIZONA STATE SENATE
Phoenix, Arizona
Requires the Allopathic Board of Medical Examiners
(BOMEX) to provide a doctor with certain investigative information at least ten
days before the formal interview.
The objective and primary purpose of BOMEX is to license and regulate doctors in order to protect the public from incompetent, unqualified or inappropriate practice by physicians who may be medically, mentally or physically unable to safely engage in the practice of allopathic medicine, or may be guilty of unprofessional conduct. As the State’s largest health regulatory board, BOMEX has the statutory responsibility to examine and license medical doctors, and to enforce the standards of the practice of medicine. Currently, BOMEX licenses and monitors more than 15,000 doctors and 750 physician assistants statewide, handles more than 1,000 complaints each year and determines and administers disciplinary actions in the event of proven violations of the medical practice acts.
When a complaint is filed
against a physician, two summary letters are provided to the physician during
the course of the investigation. The
first is provided on receipt of the complaint, and outlines the specific
grievances filed by the patient. The
second is presented to the physician prior to the formal interview, and
contains an additional summary of the complaint, the analysis and conclusion of
a staff medical consultant and the investigators’ conclusion and
recommendations to the board members.
S.B. 1199 requires BOMEX to release certain investigative materials to
the physician at least ten days before a formal interview.
BOMEX estimates there will
be a cost to the Board relating to the provisions of this legislation, but have
yet not determined an exact amount.
1. Requires BOMEX to provide a doctor and the doctor's attorney with the following investigative information at least ten days before the formal interview:
a. any review conducted by a consultant providing an evaluation of or opinion on the allegations.
b. any patient records obtained by BOMEX from other health care providers.
c. the results of any evaluations or tests of the doctor conducted at BOMEX's direction.
d. any factual information that BOMEX will use in making its determination.
2. Prohibits BOMEX from releasing the name of the person who provides information regarding a licensee’s drug or alcohol impairment, or the name of the person who files the complaint if that person requests anonymity.
3. Prohibits the doctor and the doctor's attorney from releasing the information and prohibits the use of the investigative information in any preceding or action except in the formal interview and any administrative proceeding or appeals related to the formal interview.
4. Makes conforming and technical changes.
5. Provides for a general effective date.
Amendments
Adopted by Committee
1. Requires BOMEX to provide the investigative information at least ten days before the formal interview.
2. Specifies the information BOMEX is required to disclose to the doctor and the doctor's attorney and eliminates the requirement of BOMEX to disclose all of the information in the investigative file.
3. Allows the person who files a complaint to request anonymity.
4. Prohibits the use of the investigative information in any proceeding or action except in the formal interview or any administrative action or appeal related to the formal interview.
Senate Action
HEALTH 3/6/01 DPA 7-0-1
Prepared by Senate Staff
March 9, 2001