FOR CAUCUS & FLOOR ACTION
REVISED
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ARIZONA STATE SENATE
RESEARCH STAFF
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NATHANIEL SEARING LEGISLATIVE RESEARCH INTERN JULIE SZPERLING LEGISLATIVE
RESEARCH ANALYST COMMERCE COMMITTEE Telephone: (602) 542-3171 Facsimile: (602) 542-7833 |
DATE: February 13, 2002
SUBJECT: Strike Everything
Amendment to S.B. 1153
Purpose:
Outlines the requirements a business entity must abide by in order to offer chiropractic or dental services.
Background:
Licensing health professionals, investigating violations and disciplining health professionals are some of the standard functions for all Arizona health profession regulatory boards that oversee the various health professionals who practice within the state. This oversight authority by the boards works to ensure that the highest quality standards of care are uniformly enforced. In general, licensing only regulates the actions of the health professional, not the business entity that employs the health professional who provides the care.
A problem has arisen within the chiropractic and dental professions in Arizona that stems from their respective regulatory board’s inability to sanction business entities that offer chiropractic or dental services. Business entities that own chiropractic or dental practices in Arizona and hire licensed chiropractors or dental examiners to work there oftentimes dictate the schedules, assistants, supplies, laboratories used, and the level of care provided. The management practices of such a business entity may conflict with the level of care and practices that a licensed chiropractor or dental examiner are obligated to provide by the profession’s practice act. If substandard care is provided and the patient reports a complaint to the proper regulatory board, the licensed individual is held responsible under statute while the business entity is not.
The strike everything amendment to S.B. 1153 requires business entities that offer chiropractic or dental services to register annually with the appropriate regulatory board and allows the board to take disciplinary action against the business entity if it violates the board’s statutes or rules.
There may be a positive impact to the state general fund due to the civil penalties collected and deposited into the general fund.
Provisions:
1. Prohibits business entities from offering chiropractic services or dental services without registering with the State Board of Chiropractic Examiners or State Board of Dental Examiners, respectively, and ensuring that services are conducted under the authority and responsibility of a licensed chiropractor or a licensed dental examiner, respectively.
2. Requires the business entity to file a registration application with the proper board and include the following:
a) a description of the entity’s services offered to the public.
b) the name of the authorized licensee responsible for the services provided at each office.
c) an application fee prescribed by the board.
3. Requires the business entity to file a separate registration application for each branch office in the state.
4. Requires the business entity to renew registration annually by submission of an application for renewal as prescribed by the proper board between 30 and 60 days before the expiration date.
5. Requires the business entity to notify the proper board in writing within 30 days after any changes in the entity’s name, address or telephone number, in the location of any office or of the designated licensee.
6. Allows the proper boards to discipline a business entity if it violates statutes or rules by refusing to issue a registration, suspending or revoking a registration or imposing a civil penalty of up to $2,000 per violation.
7. Requires the proper board to deposit civil penalties in the state general fund.
8. Provides for a general effective date.
Senate
Action
COM 2/13/02 DPA/SE 5-0-1
NS/JS/ac