ARIZONA STATE SENATE
Phoenix, Arizona
board of chiropractic
examiners
Purpose
Increases various fees and makes several changes to the complaint adjudication process under the Board of Chiropractic Examiners (Board). Contains a Proposition 108 clause.
Background
In June 2001, the Office of
the Auditor General (OAG) conducted an audit and made recommendations related
to the Board’s adjudication of complaints.
Currently, the Board must refer all potential disciplinary sanctions to
formal hearing at the Office of Administrative Hearings. As a result, this delays complaint
resolution. To improve the Board’s
timeliness in resolving complaints, the OAG recommended the Legislature
consider granting the Board the authority to resolve complaints with alleged
violations that do not merit license suspension or revocation through
investigative hearings or formal interviews.
S.B. 1146 incorporates the OAG’s recommendations by establishing a
formal interview process for the Board.
The current schedule of fees
for the Board was developed in 1991.
Since then, the number of licensed chiropractors in Arizona has
increased 25 percent. S.B. 1146 increases the application for licensure fee and
license renewal fee. These increases
will generate $125,470 in additional revenue, resulting in the Board’s ability
to cover costs associated with the OAG’s recommendations. In addition, S.B. 1146 codifies a license
fee for applicants for reciprocity. The Board currently assesses this fee under
the licensure by examination fee; however, statute does not specifically
authorize an application for reciprocity fee.
S.B. 1146 also creates a formal interview process for disciplinary
review and inactive status classification.
Finally, S.B. 1146 changes the cap on civil penalties for disciplinary
action from $500 to $1,000. This may
increase revenues to the state general fund since the Board deposits civil
penalties in the state general fund.
Provisions
1. Renames fines as civil penalties.
2. Increases the licensure application fee from $100 to $250.
3. Codifies the $100 fee for applicants for licensure by reciprocity.
4. Creates a $50 penalty for failure to notify the Board of a change of address, residence or telephone.
5. Changes the licensure renewal fee from $100 to a maximum of $200.
6. Increases the cap on civil penalties from $500 to $1,000 for each violation.
7. Adds requirements for applicants for licensure including: (a) obtaining at least 75 percent of the questions on the jurisprudence exam; and (b) meeting other licensing requirements.
8. Allows an applicant for licensure to attain a Board approved passing score on an exam administered by an approved testing facility.
9. Eliminates the requirement that applicants obtain at least 60 percent of the questions on each exam subject.
10. Allows the Board to refuse to give a licensing examination to an applicant who:
a.
Has
had a chiropractic license refused, revoked, suspended or restricted for an act
that constitutes unprofessional conduct in this State.
b.
Is
currently under investigation for an act of unprofessional conduct as defined
by this State.
c.
Has
surrendered a license in lieu of disciplinary action for an act that
constitutes unprofessional conduct in this State.
11. Requires applicants for an acupuncture certificate to submit a completed application at least one month before the exam.
12. Requires applicants for a physiotherapy certification to submit a completed application and documentation of passing a Board-approved physiotherapy exam.
13. Requires licensed chiropractors to notify the Board of a telephone number change within 30 days.
14. Requires the Board, on written request, to place a licensee who is in good standing and not practicing chiropractic on inactive status.
15. Makes it unlawful to practice chiropractic in Arizona after the Board places the person on inactive status.
16. Specifies the practice of chiropractic while on inactive status is grounds for sanction.
17. Requires a licensee, who applies for reinstatement of an active license within 12 months of inactive status, to submit the annual renewal fee and fulfill the continuing education requirements. Licensees who are on inactive status for more than two years must also pass the national examination.
18. Requires a licensee who is on inactive status to submit the annual renewal fee and comply with the change of address and telephone requirements.
19. Authorizes the Board to investigate a licensee who appears to be in violation of statute or rules or who may be mentally or physically unable to practice.
20. Requires the Board to notify the licensee of the complaint.
21. Exempts a person who provides information in good faith to the Board from civil damages.
22. Authorizes the Board to require a licensee who is under investigation to be interviewed and undergo medical, physical or mental examinations.
23. Authorizes the Board to summarily suspend a license pending proceedings for revocation or other action.
24. Requires a summary suspension to include a written notice of the charges and the ability to have a formal hearing within 60 days.
25. Allows, after an investigation, the Board to dismiss complaints or issue an advisory letter if it finds the information does not merit disciplinary action.
26. Allows the Board to request a formal interview with a licensee.
27. Allows the Board to receive documents and sworn statements of people who may be called as witnesses in the formal hearing.
28. Allows legal counsel to participate in the formal interview.
29. Requires the Board to order a hearing at the Office of Administrative Hearings if the licensee refuses the request for a formal interview or the interview indicates suspension or revocation is in order.
30. Prescribes disciplinary actions the Board may take for violations that do not merit revocation or suspension.
31. Requires the Board to initiate a formal hearing to revoke or suspend a license.
32. Requires the Board to notify the licensee of a complaint and hearing by certified mail.
33. Requires the Board to hold a formal hearing within 180 days after the notice of the complaint.
34. Requires the licensee to answer the charges if the licensee wishes to be present at the formal hearing.
35. Specifies a licensee who is found to be in violation of law or rule or found to be incompetent to practice is subject to disciplinary action, including suspension or revocation of the license.
36. Authorizes the Board to order the licensee to pay restitution or all costs incurred in the investigation and formal hearing.
37. Requires the Board to report allegations of evidence of criminal wrongdoing to the appropriate criminal justice agency.
38. Shifts the responsibility of mailing renewal applications from the Executive Director to the Board.
39. Makes conforming and technical changes.
40. Becomes effective on signature of the Governor.
Amendments
Adopted by Committee
1. Authorizes the Board to suspend or revoke a license after a formal hearing.
2. Makes a technical change.
Amendments
Adopted by Committee of the Whole
1. Retains the current 15-day prohibition on solicitation.
2. Specifies a person who reports information to the Board in good faith is not subject to civil damages.
Senate Action
HEA 3/12/02 DPA 5-0-3-0
3rd Read 3/27/02 25-5-0-0
Prepared by Senate Staff
March 28, 2002