ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
health boards; investigations; information
Purpose
Requires all health profession regulatory boards to provide specific investigative information to the professional or the professional’s attorney at least ten days before a disciplinary interview.
The primary purpose of health profession regulatory boards is to license and regulate health care professionals in order to protect the public from incompetent, unqualified or inappropriate practice by professionals who may be unable to safely practice or may be guilty of unprofessional conduct. In order to accomplish this mission, health profession regulatory boards investigate complaints when evidence indicates a health professional may be in violation of statute or rule. Following an investigation, boards generally conduct a disciplinary interview or hearing, or refer the case to the Office of Administrative Hearings.
Last year, the Legislature required the Allopathic Board of Medical Examiners and the Board of Optometry to provide a licensee and the licensee’s attorney with specific investigative information at least ten days before a formal interview. The specific investigative information includes: (a) any review conducted by an expert or consultant providing an evaluation of or opinion on the allegations; (b) any patient records obtained by the board from other health care providers; (c) the results of any evaluations or tests of the licensee conducted at the board’s discretion; and (d) any factual information the board will use in making its determination. S.B. 1191 applies the investigative information disclosure requirements to all health profession regulatory boards.
Under the provisions of this bill, boards are authorized to charge the professional or the professional’s attorney for the cost of providing the information.
1. Requires a health profession regulatory board to provide certain investigative information to a health professional or the professional’s attorney at least ten days before a disciplinary interview or hearing.
2. Prohibits a person who receives investigative information from releasing it or using it except in a disciplinary interview and any proceeding or appeal related to the interview and specifies releasing this information constitutes unprofessional conduct.
3. Allows the Board to charge for the costs of the investigative information up to the superior court’s fee for copies.
4. Contains conforming and technical changes.
5. Provides for a general effective date.
Amendments Adopted by Committee
· Specifies releasing investigative information other than for the disciplinary interview or related proceedings constitutes unprofessional conduct.
Senate Action
HEA 2/12/02 DPA 8-0-0-0
Prepared by Senate Staff
February 15, 2002