ARIZONA STATE SENATE
Phoenix, Arizona
Requires all health profession regulatory boards to
record a roll call vote on disciplinary actions that require a board vote.
Currently, there are 19 health profession regulatory boards in the state of Arizona. These boards regulate: podiatrists, chiropractors, dentists, allopathic physicians, naturopathic physicians, nurses, dispensing opticians, optometrists, osteopathic physicians, pharmacists, physical therapists, psychologists, radiologists, homeopathic physicians, behavioral health providers, occupational therapists, respiratory care providers, acupuncturists and athletic trainers. The primary function of these boards is to protect the public from unlawful, incompetent, unqualified, impaired or unprofessional practitioners through licensure, regulation and rehabilitation of the professions. In addition, these boards investigate patient complaints and either dismiss the complaint or issue disciplinary or non-disciplinary actions.
When a health regulatory board decides that an act by a health care professional warrants disciplinary action, a series of interviews and hearings may take place, all of which are public and may involve an administrative law judge. However, statute does not currently contain requirements that regulate how the board must conduct a vote when the disciplinary action requires a vote. S.B. 1315 addresses this issue by requiring all health regulatory boards to take and record a roll call vote if disciplinary action requires a vote.
Provisions
1. Requires all health profession regulatory boards to record a roll call vote if a disciplinary action requires a vote.
2. Specifies a board is not prohibited from using a consent agenda.
3. Prevents the certificate of a behavioral health professional from expiring if the person does not renew the certificate and is under investigation.
4. Suspends the certificate of the behavioral health professional on the expiration date.
5. Prohibits the professional from practicing until the investigation is resolved.
6. Provides for a general effective date.
Amendment
Adopted by Health Committee
Eliminates the requirement for boards to have a two-thirds vote for disciplinary action that differs from that of an administrative law judge.
Amendments Adopted by the House of Representatives
1. Exempts health profession regulatory boards from recording a roll call vote if the vote is unanimous.
2. Prevents, from expiring, the certificate of a behavioral health professional who does not renew the certificate and has been notified that an investigation is pending on the certification expiration date.
3. Suspends the certificate of the behavioral health professional on the expiration date.
Amendments Adopted by the Conference Committee
1. Specifies a board is not prohibited from using a consent agenda.
2. Makes a technical change.
3. Eliminates the exemption of boards from recording a roll call vote if the vote is unanimous.
Senate Action House Action
HEA 2/13/01 DPA 8-0-0 HEA 3/12/01 DPA 7-0-0-3
3rd Read 2/26/01 29-1-0 3rd Read 3/26/01 56-0-4
Final Read 4/25/01 27-1-1 Final Read 4/26/01 54-0-6
Signed by Governor 5/1/01
Chapter 290
Prepared by Senate Staff
May 18, 2001