ARIZONA STATE SENATE
Phoenix, Arizona
malpractice settlement;
notice costs; BOMEX
Requires, beginning on July
1, 2003, the Allopathic Board of Medical Examiners (BOMEX) and the Board of
Osteopathic Examiners (Board) 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, as of July 1, 2003, BOMEX and the Board to pay for these copies at a price of twenty-five cents per page. BOMEX estimates the cost of this requirement is $7,000 to $8,000 per year. The Board estimates their cost to be $3,000 to $5,000 per year.
Provisions
1. Requires as of July 1, 2003, BOMEX and the Board to pay for the cost of medical malpractice information that plaintiff attorneys and liability insurers are required to furnish to their respective boards.
2. Specifies the cost for each page of the information is twenty-five cents.
3. Contains a July 1, 2003 delayed effective date.
Amendments Adopted by the Senate Health Committee
1. Exempts malpractice insurers from providing copies of expert witness depositions.
2. Carifies BOMEX is only responsible for paying the costs of notices that are filed with BOMEX.
3. Requires the Board to pay for the cost of medical malpractice information.
Amendments
Adopted by Committee of the Whole
1. Reduces the cost of each page from fifty cents to twenty-five cents.
2. Delays the effective date until July 1, 2003.
Senate Action
HEALTH 2/13/01 DPA 7-1-0
3rd Read 2/28/01 30-0
Prepared by Senate Staff
March 14, 2001