Bill Text: AZ HB2686 | 2024 | Fifty-sixth Legislature 2nd Regular | Engrossed
Bill Title: Health profession regulatory boards
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed) 2024-06-12 - Senate motion to reconsider third reading [HB2686 Detail]
Download: Arizona-2024-HB2686-Engrossed.html
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House Engrossed
health profession regulatory boards |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HOUSE BILL 2686 |
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An Act
amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding section 32-3224.01; relating to health professionals.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3224.01, to read:
32-3224.01. Investigation of complaints; time limitations; definition
A. Notwithstanding any other provision of this title:
1. Except as set forth in paragraph 3 of this subsection, a health profession regulatory board shall require complainants to identify themselves in the complaint and make themselves available for an evidentiary interview. Complainants may request that their identity remain confidential during the investigatory process. If the investigatory process results in a determination that a violation of law may have occurred, the respondent is entitled to review the complete investigatory file, including the identity of the complainant except as provided in paragraph 2 of this subsection.
2. A health profession regulatory board may continue to maintain the complainant's confidentiality from the licensee until the conclusion of the administrative process. The health profession regulatory board may conduct a closed evidentiary hearing if the complainant requests the complainant's identity remain private and the board has a reasonable basis to conduct the hearing.
3. A health profession regulatory board may take action on a complaint if the complainant refuses to identify himself or herself only if the health profession regulatory board has sufficient information that a violation may have occurred within its jurisdiction that directly impacts the safety of patients.
4. A health profession regulatory board shall limit an investigation of a complaint to those investigative subjects and actions that are relevant and material to the issues raised in the complaint and that would reasonably be taken to investigate the issues in the complaint. This paragraph does not prohibit a health profession regulatory board from investigating any issue or evidence of unprofessional conduct that is discovered or brought to the attention of the health profession regulatory board during the investigation of the original complaint.
5. If on reasonable belief that a crime has been committed, a health profession regulatory board shall seek legal advice from its assigned legal counsel on whether the health profession regulatory board should report the alleged criminal conduct to the appropriate criminal justice agency, including whether any statutory reporting requirements exist. If the health profession regulatory board has a reasonable belief that conduct by a licensed, permitted or certificated individual or other entity over which the health profession regulatory board does not have jurisdiction may violate the law or codes of conduct, the health profession regulatory board shall report the conduct to the appropriate state regulatory board or state agency that the health profession regulatory board reasonably believes has jurisdiction over the licensee, permittee or certificate holder or other entity.
6. It is an act of unprofessional conduct for any licensee, permittee or certificate holder of any health profession regulatory board to file a false or fraudulent complaint or report with a health profession regulatory board.
7. Each health profession regulatory board shall implement a policy prioritizing complaints based on the harm to a patient or potentially to the public. The health profession regulatory board shall assign high priority status to complaints alleging sexual conduct with a patient, criminal assault or theft or providing services while under the influence of any illegal or legal substance that impairs the health professional.
8. Within one hundred eighty days after receipt of a complaint by any health profession regulatory board against a licensee, permittee or certificate holder, the health profession regulatory board shall do one of the following:
(a) Submit the investigation for review.
(b) Report the number of investigations that cannot be reasonably completed within one hundred eighty days due to the complexity of the matter or that the respondent has requested additional time to respond or has caused delays in the investigation. If this determination is made, the health profession regulatory board may continue the investigation to its conclusion and continue to report at each regularly scheduled meeting the status of every case opened over the previous one hundred eighty days. The report shall indicate the number of days that the investigation has been opened and whether there is a practice restriction or evaluation pursuant to paragraph 10 of this subsection. The health profession regulatory board may continue the investigation for an additional one hundred days to complete its investigation and proceed with the administrative procedure to submit the complaint for health profession regulatory board review.
(c) Administratively dismiss the complaint without prejudice. If the health profession regulatory board administratively dismisses a complaint without prejudice, the health profession regulatory board may reopen the investigation if it has additional evidence, information or testimony to conclude the investigation with the available options prescribed for each health profession regulatory board.
9. On notification of an open investigation and before an investigational interview of any respondent, a health profession regulatory board shall provide the respondent with a written notice that the respondent has the right to be represented by legal counsel and shall be provided with a reasonable period of time of at least ten business days after receiving the written notice to retain legal counsel or provide a response without the assistance of counsel before answering any questions. The written notice shall also inform the respondent that any statements made during an interview may be used against the respondent by the health profession regulatory board.
10. If a health profession regulatory board determines that a psychological, psychiatric or other medical evaluation of the licensee, permittee or certificate holder is essential for the health profession regulatory board to make a decision regarding the complaint and orders the licensee, permittee or certificate holder to obtain an evaluation, and the licensee requests that the evaluation be made by a professional other than the professionals recommended by the health profession regulatory board, the health profession regulatory board or its designee shall approve an evaluation from a professional who has the credentials, training and expertise to address the issues the health profession regulatory board has requested in its order.
11. A health profession regulatory board shall post all written substantive policies in a clearly identifiable section on its website.
12. A health profession regulatory board may not include any questions on a license, permit or certificate or an endorsement application that requests information about whether the applicant has sought mental health assistance or received a mental health diagnosis or treatment. The health profession regulatory board may ask if the licensee is currently under a regulatory entity's order in another state for the monitoring of a health condition, including substance abuse.
13. A health profession regulatory board may administratively suspend a license, permit or certificate if the licensee, permittee or certificate holder does not submit a complete application and payment for license, permit or certificate renewal within sixty days after the renewal deadline and may assess a civil penalty for the renewal delay from the date the renewal was due until completed and paid. The health profession regulatory board may not revoke a license, permit or certificate solely for failure to renew the license, permit or certificate.
B. For the purposes of this section, "without prejudice" means a health profession regulatory board may open another complaint based on the same set of facts of a complaint that has been dismissed if additional evidence or information becomes available to substantiate the complaint.
