ARIZONA STATE SENATE
Phoenix, Arizona
malpractice settlement;
notice costs; BOMEX
Requires the Allopathic
Board of Medical Examiners (BOMEX) to pay for the cost of medical malpractice information.
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.
As of December 2000, 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. BOMEX also responds and provides information to over 55,000 requests for public information. According to BOMEX, in addition to providing protection to the public through disciplinary actions, furnishing accurate and timely information is the second most vital service the agency provides.
Pursuant to statute, if a medical malpractice case is settled or a court enters a monetary judgement, the plaintiff’s attorney and the professional liability insurers must provide specific information regarding the malpractice case to the defendant’s health profession regulatory board. The information includes the names of the defendant and plaintiff, a statement regarding the occurrence that resulted in the malpractice action and a copy of expert witness deposition, a transcript of all expert witness testimony or a written evaluation of the case by an expert witness (A.R.S. §12-570). However, statute is silent regarding who is required to pay for the cost of these copies. S.B. 1208 requires BOMEX to pay for these copies at a price of fifty cents per page. BOMEX estimates the cost of this requirement is $14,000 to $16,000 per year.
Provisions
1. Requires BOMEX to pay for the cost of medical malpractice information that plaintiff attorneys and liability insurers are required to furnish to all health profession regulatory boards.
2. Specifies the cost for each page of the information is the same as the copying fee for the clerk of superior court, which is currently set at fifty cents per page.
3. Provides for a general effective date.
Prepared by Senate Staff
February 9, 2001