Bill Text: AZ HB2014 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Nursing board; regulated parties; evaluations
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-10 - Referred to House HHS Committee [HB2014 Detail]
Download: Arizona-2012-HB2014-Introduced.html
PREFILED NOV 21 2011
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REFERENCE TITLE: nursing board; regulated parties; evaluations |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2014 |
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Introduced by Representative Fillmore
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AN ACT
Amending title 32, chapter 15, article 3, Arizona Revised Statutes, by adding sections 32-1662 and 32-1662.01; RELATING to the Arizona state board of nursing.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 15, article 3, Arizona Revised Statutes, is amended by adding sections 32-1662 and 32-1662.01, to read:
32-1662. Substance abuse treatment and rehabilitation program; private contract; funding; practice restrictions; immunity
A. The board may establish a confidential program for the treatment and rehabilitation of persons who are licensed or certified pursuant to this chapter and who are impaired by alcohol or drug abuse. The program must include education, intervention, therapeutic treatment and posttreatment monitoring and support.
B. The board may contract with other organizations to operate the program established pursuant to subsection A of this section. A contract with a private organization must include the following requirements:
1. Periodic reports to the board regarding treatment program activity.
2. Release to the board on demand of all treatment records.
3. Immediate reporting to the board of the name of a licensee or certificate holder who the treating organization believes to be misusing chemical substances.
4. Reports to the board, as soon as possible, of the name of a licensee or certificate holder who refuses to submit to treatment or whose impairment is not substantially alleviated through treatment.
C. The board may allocate an amount of not to exceed forty dollars from each fee it collects from the renewal of active licenses and certificates pursuant to section 32‑1643 for the operation of the program established by this section.
D. The board shall place a licensee or certificate holder who is impaired by alcohol or drug abuse on probation if that person does not agree to enter into a stipulation order with the board. The licensee or certificate holder is also subject to other disciplinary action as provided pursuant to this chapter.
E. To determine that a licensee or certificate holder who has been placed on probationary order or who has entered into a stipulation order pursuant to this section is not impaired by drugs or alcohol after that order is no longer in effect, the board or its designee may require the licensee or certificate holder to submit to body fluid examinations and other examinations known to detect the presence of alcohol or other drugs at any time within five consecutive years following termination of the probationary or stipulated order. A licensee or certificate holder who refuses to submit to an examination pursuant to this section commits an act of unprofessional conduct.
F. A licensee or certificate holder who is impaired by alcohol or drug abuse and who was under a board stipulation or probationary order that is no longer in effect shall request the board to place the license or certificate on inactive status with cause. If the licensee or certificate holder fails to do this, the board shall summarily suspend the license or certificate as prescribed by this chapter. To reactivate the license or certificate, the licensee or certificate holder must submit an application for renewal and a renewal fee to the board as prescribed by the board. After the licensee or certificate holder completes treatment, the board shall determine if it should refer the matter for a formal hearing for the purpose of suspending or revoking the license or certificate or to place the licensee or certificate holder on probation for a minimum of five years with restrictions necessary to ensure the public's safety.
G. The board shall revoke the license or certificate of a person who is still impaired by alcohol or drug abuse after a probationary period imposed pursuant to subsection D of this section has ended. The board may accept the surrender of the license or certificate if the person admits in writing to being impaired by alcohol or drug abuse.
H. An evaluator, teacher, supervisor or volunteer in the board's substance abuse treatment and rehabilitation program who acts in good faith within the scope of that program is not subject to civil liability, including malpractice liability, for the actions of a person who is attending the program pursuant to board action.
32-1662.01. Mental, behavioral and physical health evaluation and treatment program; private contract; immunity
A. The board may establish a confidential program for the evaluation, treatment and monitoring of licensees and certificate holders who have medical, psychiatric, psychological or behavioral health disorders that may impact their ability to safely perform their professional duties. The program must include education, intervention, therapeutic treatment and posttreatment monitoring and support.
B. A licensee or certificate holder who has a medical, psychiatric, psychological or behavioral health disorder described in subsection A of this section, who voluntarily reports that disorder to the board and who is not in violation of the requirements of this chapter may agree to enter into a confidential consent agreement for participation in a program established pursuant to this section.
C. A licensee or certificate holder who has a medical, psychiatric, psychological or behavioral health disorder described in subsection A of this section, who is reported to the board by a peer review committee, hospital medical staff, health plan or other health care practitioner or health care entity and who is not in violation of the requirements of this chapter may agree to enter into a confidential consent agreement for participation in a program established pursuant to this section.
D. The board may contract with other organizations to operate a program established pursuant to this section. A contract with a private organization must include the following requirements:
1. Periodic reports to the board regarding treatment program activity.
2. Release to the board on demand of all treatment records.
3. Immediate reporting to the board of the name of a licensee or certificate holder who the treating organization believes is incapable of safely performing that persons' professional duties.
E. An evaluator, teacher, supervisor or volunteer in a program established pursuant to this section who acts in good faith within the scope of that program is not subject to civil liability, including malpractice liability, for the actions of a person who is attending the program pursuant to board action.
