ARIZONA STATE SENATE
Phoenix, Arizona
FINAL
REVISED
BOMEX; disciplinary action;
reciprocity
Purpose
Prohibits the Allopathic
Board of Medical Examiners (BOMEX) from issuing a license to practice to
certain applicants and requires BOMEX to initiate an investigation if another
jurisdiction has taken action against a licensee for an act that constitutes
unprofessional conduct as defined in this state.
Background
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. BOMEX also responds and provides
information to over 55,000 requests for public information.
Statute prescribes
requirements for applicants for licensure to practice medicine in Arizona
(A.R.S. §32-1422). According to the
requirements, a person is not eligible for a license to practice if the
applicant’s license to practice in another jurisdiction has been refused,
revoked, suspended or restricted by that jurisdiction for reasons relating to
the applicant’s ability to competently and safely practice medicine. On application, BOMEX is responsible for
determining whether the other jurisdiction’s action was related to the
applicant’s ability to competently and safely practice medicine. S.B. 1306 attempts to restrict the ability
of licensees from other jurisdictions to obtain a license to practice medicine
in this state by expanding the requirements for licensure applicants. Additionally, this legislation requires
BOMEX to initiate an investigation if a medical board in another jurisdiction
has taken disciplinary action against a licensee for an act that constitutes
unprofessional conduct as defined in Arizona.
According to BOMEX, there
are no costs associated with this bill.
Provisions
1. Prohibits BOMEX from issuing a license to practice to an applicant whose license in another jurisdiction has been revoked for an act that constitutes unprofessional conduct as defined in this state, rather than for reasons relating to the applicant’s ability to competently and safely practice medicine.
2. Prohibits BOMEX from issuing a license to practice to an applicant who is under investigation, suspension or restriction in another jurisdiction or has surrendered, relinquished or given up a license in lieu of disciplinary action by the other jurisdiction if the act constitutes unprofessional conduct as defined in this state.
3. Requires BOMEX to suspend the application process of an applicant who is under investigation in another jurisdiction.
4. Prohibits BOMEX from issuing or denying a license to that applicant until the investigation is resolved in the other jurisdiction.
5. Requires BOMEX to initiate an investigation if another jurisdiction has taken action against a licensee for an act that constitutes unprofessional conduct as defined in this state.
6. Requires BOMEX to order the immediate suspension of a licensee, pending proceedings to revoke or take another action against the licensee, if another jurisdiction has already taken the same action to protect the public with emergency action.
7. Eliminates the requirement for applications for licensure to be notarized.
8. Makes conforming changes.
9. Provides for a general effective date.
Amendments Adopted by Health Committee
Makes clarifying and technical changes.
Amendments Adopted by the House of Representatives
1. Eliminates the prohibition of BOMEX from issuing a license to practice to an applicant whose license has been refused, suspended or restricted in another jurisdiction.
2. Prohibits BOMEX from issuing a license to an applicant who is currently under suspension or restriction.
3. Eliminates the requirement for applications for licensure to be notarized.
Senate Action House Action
HEA 2/13/01 DPA 7-0-1-0 HEA 3/12/01 DPA 7-0-0-3
3rd Read 2/26/01 30-0 3rd Read 3/26/01 56-0-4
Final Read 4/3/01 29-0-1
Signed by the Governor 4/6/01
Chapter 63
Prepared by Senate Staff
May 15, 2001