Bill Text: AZ SB1452 | 2017 | Fifty-third Legislature 1st Regular | Chaptered
Bill Title: Health profession regulatory boards
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-04-24 - Chapter 191 [SB1452 Detail]
Download: Arizona-2017-SB1452-Chaptered.html
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House Engrossed Senate Bill |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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CHAPTER 191
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SENATE BILL 1452 |
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AN ACT
Amending sections 32-1263.01, 32‑1263.02, 32‑1451.03, 32‑2943 and 32‑3214, Arizona Revised Statutes; amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding sections 32‑3222, 32‑3223, 32-3224 and 32‑3225; amending section 32‑3281, Arizona Revised Statutes; relating to health profession regulatory boards.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-1263.01, Arizona Revised Statutes, is amended to read:
32-1263.01. Types of disciplinary action; letter of concern; judicial review; notice; removal of notice; violation; classification
A. The board may take any one or a combination of the following disciplinary actions against any person licensed under this chapter:
1. Revocation of license to practice.
2. Suspension of license to practice.
3. Entering a decree of censure, which may require that restitution be made to an aggrieved party.
4. Issuance of an order fixing a period and terms of probation best adapted to protect the public health and safety and to rehabilitate the licensed person. The order fixing a period and terms of probation may require that restitution be made to the aggrieved party.
5. Imposition of an administrative penalty in an amount not to exceed two thousand dollars for each violation of this chapter or rules adopted under this chapter.
6. Imposition of a requirement for restitution of fees to the aggrieved party.
7. Imposition of restrictions on the scope of practice.
8. Imposition of peer review and professional education requirements.
9. Imposition of community service.
B. The board may issue a letter of concern if a licensee's continuing practices may cause the board to take disciplinary action. The board may also issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.
C. Failure to comply with any order of the board, including an order of censure or probation, is cause for suspension or revocation of a license.
D. Notwithstanding section 32‑3214, subsection B, beginning September 1, 2015, All disciplinary and final nondisciplinary actions or orders, not including letters of concern or advisory letters, issued by the board against a licensee or certificate holder shall be posted to that licensee licensee's or certificate holder's profile on the board's website. For the purposes of this subsection, only final nondisciplinary actions and orders that are issued after the effective date of this amendment to this section shall be posted.
E. Except as provided in section 41‑1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6.
F. If the state board of dental examiners acts to modify any dentist's prescription writing prescription‑writing privileges, it shall immediately notify the Arizona state board of pharmacy of the modification.
G. The board may post a notice of its suspension or revocation of a license at the licensee's place of business. This notice shall remain posted for sixty days. A person who removes this notice without board or court authority before that time is guilty of a class 3 misdemeanor.
H. A licensee or certificate holder shall respond in writing to the board within twenty days after a notice of hearing is served. A licensee who fails to answer the charges in a complaint and notice of hearing issued pursuant to this article and title 41, chapter 6, article 10 is deemed to admit the acts charged in the complaint, and the board may revoke or suspend the license without a hearing.
Sec. 2. Section 32-1263.02, Arizona Revised Statutes, is amended to read:
32-1263.02. Investigation and adjudication of complaints; disciplinary action; civil penalty; immunity; subpoena authority; definitions
A. The board on its motion, or the executive director if delegated by the board, may investigate any evidence that appears to show the existence of any of the causes or grounds for disciplinary action as provided in section 32‑1263. The board may investigate any complaint that alleges the existence of any of the causes or grounds for disciplinary action as provided in section 32‑1263. The board shall not act on its own motion or on a complaint received by the board if the allegation of unprofessional conduct, unethical conduct or any other violation of this chapter against a professional who holds an Arizona license occurred more than six four years before the complaint is received by the board. The six‑year four‑year time limitation does not apply to:
1. Medical malpractice settlements or judgments or allegations of sexual misconduct or if an incident or occurrence involved a felony, diversion oF a controlled substance or impairment while practicing by the licensee.
2. A board's consideration of the specific unprofessional conduct related to a licensee's failure to disclose conduct or a violation as required by law.
B. At the request of the complainant, the board shall not disclose to the respondent the complainant name unless the information is essential to proceedings conducted pursuant to this article.
B. C. The board or its designees shall conduct necessary investigations, including interviews between representatives of the board and the licensee with respect to any information obtained by or filed with the board under subsection A of this section. The results of the investigation conducted by a designee shall be forwarded to the board for its review.
C. D. If, based on the information it receives under subsection A of this section, the board finds that the public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, the board may order a summary suspension of the respondent's license pursuant to section 41‑1092.11 pending proceedings for revocation or other action.
D. E. If a complaint refers to quality of care, the patient may be referred for a clinical evaluation at the discretion of the board.
E. F. If, after completing its investigation, the board finds that the information provided pursuant to subsection A of this section is insufficient to merit disciplinary action against the licensee, the board may take any of the following actions:
1. Dismiss the complaint.
2. Issue a nondisciplinary letter of concern to the licensee.
3. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.
4. Assess a nondisciplinary civil penalty in an amount not to exceed five hundred dollars if the complaint involves a the licensee's failure to respond to a board subpoena.
F. G. If, after completing its investigation, the board finds that the information provided pursuant to subsection A of this section is sufficient to merit disciplinary action against the licensee, the board may request that the licensee participate in a formal interview before the board. If the licensee refuses or accepts the invitation for a formal interview and the results indicate that grounds may exist for revocation or suspension, the board shall issue a formal complaint and order that a hearing be held pursuant to title 41, chapter 6, article 10. If, after completing a formal interview, the board finds that the protection of the public requires emergency action, it may order a summary suspension of the license pursuant to section 41‑1092.11 pending formal revocation proceedings or other action authorized by this section.
G. H. If, after completing a formal interview, the board finds that the information provided under subsection A of this section is insufficient to merit suspension or revocation of the license, it may take any of the following actions:
1. Dismiss the complaint.
2. Order disciplinary action pursuant to section 32‑1263.01, subsection A.
3. Enter into a consent agreement with the licensee for disciplinary action.
4. Order nondisciplinary continuing education pursuant to section 32‑1263.01, subsection B.
5. Issue a nondisciplinary letter of concern to the licensee.
H. I. A copy of the board's order issued pursuant to this section shall be given to the complainant and to the licensee. Pursuant to title 41, chapter 6, article 10, the licensee may petition for rehearing or review.
I. J. Any person who in good faith makes a report or complaint as provided in this section to the board or to any person or committee acting on behalf of the board is not subject to liability for civil damages as a result of the report.
J. K. The board, through its president or the president's designee, may issue subpoenas to compel the attendance of witnesses and the production of documents and may administer oaths, take testimony and receive exhibits in evidence in connection with an investigation initiated by the board or a complaint filed with the board. In case of disobedience to a subpoena, the board may invoke the aid of any court of this state in requiring the attendance and testimony of witnesses and the production of documentary evidence.
K. L. Patient records, including clinical records, medical reports, laboratory statements and reports, files, films, reports or oral statements relating to diagnostic findings or treatment of patients, any information from which a patient or a patient's family may be identified or information received and records kept by the board as a result of the investigation procedures taken pursuant to this chapter, are not available to the public.
L. M. The board may charge the costs of formal hearings conducted pursuant to title 41, chapter 6, article 10 to a licensee it finds to be in violation of this chapter.
M. N. The board may accept the surrender of an active license from a licensee who is subject to a board investigation and who admits in writing to any of the following:
1. Being unable to safely engage in the practice of dentistry.
2. Having committed an act of unprofessional conduct.
3. Having violated this chapter or a board rule.
N. O. In determining the appropriate disciplinary action under this section, the board may consider any previous nondisciplinary and disciplinary actions against a licensee.
O. P. If a licensee who is currently providing dental services for a registered business entity believes that the registered business entity has engaged in unethical conduct as defined pursuant to section 32-1263, subsection D, paragraph 16, the licensee must do both of the following before filing a complaint with the board:
1. Notify the registered business entity in writing that the licensee believes that the registered business entity has engaged in a policy or practice that interferes with the clinical judgment of the licensee or that compromises the licensee's ability to comply with the requirements of this chapter. The licensee shall specify in the notice the reasons for this belief.
2. Provide the registered business entity with at least ten calendar days to respond in writing to the assertions made pursuant to paragraph 1 of this subsection.
P. Q. A licensee who files a complaint pursuant to subsection O of this section shall provide the board with a copy of the licensee's notification and the registered business entity's response, if any.
Q. R. A registered business entity may not take any adverse employment action against a licensee because the licensee complies with the requirements of subsection O of this section.
R. S. For the purposes of this section:
1. "License" includes a certificate issued pursuant to this chapter.
2. "Licensee" means a dentist, dental hygienist, denturist, dental consultant, restricted permit holder or business entity regulated pursuant to this chapter.
Sec. 3. Section 32-1451.03, Arizona Revised Statutes, is amended to read:
32-1451.03. Complaints; requirements; confidentiality; exception
A. The board shall not act on its own motion or on any complaint received by the board in which an allegation of unprofessional conduct or any other violation of this chapter against a professional who holds an Arizona license occurred more than seven four years before the complaint is received by the board. The time limitation does not apply to:
1. Medical malpractice settlements or judgments or allegations of sexual misconduct or if an incident or occurrence involved a felony, diversion of a controlled substance or impairment while practicing by the licensee.
2. A board's consideration of the specific unprofessional conduct related to a licensee's failure to disclose conduct or a violation as required by law.
B. Beginning September 2, 2014, If a complainant wishes to have the complainant's identifying information withheld from the physician against whom the allegation of unprofessional conduct is being made, the board shall enter into a written agreement with the complainant stating that the complainant's identifying information will not be provided to the physician against whom the allegation of unprofessional conduct is being made to the extent consistent with the administrative appeals process. The board shall post this policy on the board's website where a person would submit a complaint online.
C. The board shall not open an investigation if identifying information regarding the complainant is not provided.
Sec. 4. Section 32-2943, Arizona Revised Statutes, is amended to read:
32-2943. Complaints; statute of limitations
The board may not act on its own motion or on any complaint received by the board in which an allegation of unprofessional conduct or any other violation of this chapter against a professional who holds an Arizona license occurred more than seven four years before the complaint is received by the board. This time limitation does not apply to:
1. Medical malpractice settlements or judgments or allegations of sexual misconduct or if an incident or occurrence involved a felony, diversion of a controlled substance or impairment while practicing by the licensee.
2. A board's consideration of the specific unprofessional conduct related to a licensee's failure to disclose conduct or a violation as required by law.
Sec. 5. Section 32-3214, Arizona Revised Statutes, is amended to read:
32-3214. Board actions; public access to records; website; compliance deadline
A. If a health profession regulatory board dismisses a complaint, the record of that complaint is available to that regulatory board and the public pursuant to section 39‑121 but may not appear on the board's website. For the purposes of this subsection, "dismisses a complaint" means that a board does not issue a disciplinary or nondisciplinary order or action against a licensee or certificate holder. a pending complaint or investigation may not be disclosed to the public.
B. If a health profession regulatory board issues a nondisciplinary order or action against a licensee or certificate holder, the record of the nondisciplinary order or action is available to that board and the public pursuant to section 39‑121, but may not appear on the board's website, except that a practice limitation or restriction, and documentation relating to that action, may appear on the board's website.
B. All disciplinary actions against a licensee or certificate holder shall be available on the health profession regulatory board's website. After the effective date of this amendment to this section, if a health profession regulatory board issues a final nondisciplinary order or action, the record of the final nondisciplinary order or action shall be made available on the board's website for five years. Letters of concern and advisory letters may not be made available on the website but a copy of such letters are available to the public pursuant to section 39-121 and shall be provided to any person on request.
C. If a health profession regulatory board maintains a website, the board must display on its website a statement that a person may obtain additional public records related to any licensee or certificate holder, including dismissed complaints and nondisciplinary actions and orders, by contacting the board directly.
D. This section does not prohibit a health profession regulatory board from conducting its authorized duties in a public meeting.
E. Subsections A and B of this section do not apply to meeting minutes and notices kept by the board in accordance with the public meeting requirements of title 38, chapter 3, article 3.1.
F. A health profession regulatory board must comply with the requirements of this section on or before January 1, 2012 2018.
Sec. 6. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding sections 32-3222, 32‑3223, 32-3224 and 32-3225, to read:
32-3222. Health profession regulatory boards; terms of members; board meeting recordings; employment opportunities; websites
A. Notwithstanding any other provision of this title and except as provided in this subsection, a member of a health profession regulatory board is not eligible for reappointment to that board once the person has been appointed for two full terms, in addition to any time served on the board to fill a vacancy. A person may be reappointed to a health profession regulatory board once the person has not been on the board for a period of at least two full terms. This subsection applies to the state board of dental examiners, the Arizona medical board, the Arizona state board of nursing and the Arizona state board of pharmacy. A board member who is serving on an affected board on the effective date of this section may complete any term to which the member has been appointed regardless of the number of terms the member has served.
B. Each health profession regulatory board shall make a digital recording of all open meetings of the board and shall maintain these recordings for three years after the date of the recording. The health profession regulatory board, within five business days after the board meeting that is the subject of the recording, shall either:
1. Post the digital recording on the board's website.
2. Post a notice on the board's website of the availability of the digital recording.
C. Each health profession regulatory board shall provide on the board's website a list of all board‑specific contract employment opportunities and a link to the state procurement office to apply for those positions.
32-3223. Health profession regulatory boards; nondisciplinary confidential monitoring programs
A. Each health profession regulatory board may establish a nondisciplinary confidential program, including enrollment criteria for participation in the program, for the monitoring of a licensee or certificate holder who has been reported to or who voluntarily reports to the licensee's or certificate holder's regulatory board and who may be chemically dependent or have a substance misuse history or who may have a medical, psychiatric, psychological or behavioral health disorder that may impact the licensee's or certificate holder's ability to safely practice or perform health care tasks.
B. A program established pursuant to subsection A of this section may include education, intervention, therapeutic treatment and posttreatment monitoring and support. The licensee or certificate holder is responsible for the costs associated with any treatment, rehabilitation or monitoring under a program established pursuant to subsection A of this section. The health profession regulatory board and the licensee or certificate holder may agree to enter into a nondisciplinary confidential stipulated agreement for participation in a program established pursuant to subsection A of this section.
C. The board may take further action if the licensee or certificate holder refuses to enter into a nondisciplinary confidential stipulated agreement with the board or fails to comply with the agreement's terms. The confidentiality requirements of this section do not apply if the licensee or certificate holder does not comply with the stipulated agreement.
32-3224. Complaints; time limitation on filing
Notwithstanding any time limitation to the contrary in this title, a health profession regulatory board May not act on its own motion or on any complaint received by the board in which an allegation of unprofessional conduct or any other violation of the chapter that applies to a professional who holds an Arizona license or certificate occurred more than four years before the complaint is received by the board. This time limitation does not apply to:
1. Medical malpractice settlements or judgments or allegations of sexual misconduct or if such incident or occurrence involved a felony, diversion of a controlled substance or impairment while practicing by the licensee or certificate holder.
2. A board's consideration of the specific unprofessional conduct related to a licensee's or certificate holder's failure to disclose conduct or a violation as required by law.
32-3225. Types of disciplinary action; reimbursement
In addition to any other disciplinary actions that may be taken, a health profession regulatory board may impose a requirement for a reimbursement of fees paid to A LICENSEE or certificate holder BY OR ON BEHALF OF THE PATIENT, if requested by the patient on a complaint form prescribed by the board.
Sec. 7. Section 32-3281, Arizona Revised Statutes, is amended to read:
32-3281. Disciplinary action; investigations; hearings; civil penalty; timely complaints; burden of proof
A. The board, on its own motion or on a complaint, may investigate any evidence that appears to show that a licensee is or may be incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable to safely engage in the practice of behavioral health. As part of its investigation, the board may hold an investigational meeting pursuant to this chapter. Any person may, and a licensee and any entity licensed by the office of behavioral health licensure shall, report to the board any information that would cause a reasonable licensee to believe that another licensee is guilty of unprofessional conduct or is physically or mentally unable to provide behavioral health services competently or safely. Any person or entity that reports or provides information to the board in good faith is not subject to an action for civil damages. It is an act of unprofessional conduct for any licensee to fail to report as required by this section. The board shall report to the office of behavioral health licensure in the department of health services any entity licensed by the office of behavioral health licensure that fails to report as required by this section. For complaints related to conduct that is inconsistent with professional standards or ethics, scope of practice or standard of care, the board may consult with one or more licensed or retired behavioral health professionals of the same profession as the licensee to review complaints and make recommendations to the board.
B. On determination of reasonable cause, the board shall require, at the licensee's own expense, any combination of mental, physical or psychological examinations, assessments or skills evaluations necessary to determine the licensee's competence or ability to safely engage in the practice of behavioral health and conduct necessary investigations, including investigational interviews between representatives of the board and the licensee, to fully inform itself the board with respect to any information filed with the board under subsection A of this section. These examinations may include biological fluid testing. The board may require the licensee, at the licensee's expense, to undergo assessment by a rehabilitative, retraining or assessment program approved by the board.
C. If the board finds, based on the information received pursuant to subsection A or B of this section, that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, the board may restrict, limit or order a summary suspension of a license pending proceedings for revocation or other action. If the board takes action pursuant to this subsection, it must also serve the licensee with a written notice that states the charges and that the licensee is entitled to a formal hearing before the board or an administrative law judge within sixty days.
D. If after completing an investigation the board finds that the information provided is not of sufficient seriousness to merit disciplinary action against the licensee, the board shall either:
1. Dismiss the complaint if, in the opinion of the board, the complaint is without merit.
2. File a letter of concern and dismiss the complaint. The licensee may file a written response with the board within thirty days after the licensee receives the letter of concern.
3. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.
E. A complaint dismissed by the board pursuant to subsection D, paragraph 1 of this section is not a complaint of unprofessional conduct and shall not be disclosed by the board as a complaint on the licensee's complaint history.
F. If after completing its investigation the board believes that the information is or may be true, the board may enter into a consent agreement with the licensee to limit or restrict the licensee's practice or to rehabilitate the licensee, protect the public and ensure the licensee's ability to safely engage in the practice of behavioral health. A consent agreement may also require the licensee to successfully complete a board approved rehabilitative, retraining or assessment program.
G. If the board finds that the information provided pursuant to subsection A of this section is or may be true, the board may request a formal interview with the licensee. If the licensee refuses the invitation for a formal interview or accepts and the results indicate that grounds may exist for revocation or suspension of the licensee's license for more than twelve months, the board shall issue a formal complaint and order that a hearing be held pursuant to title 41, chapter 6, article 10. If after completing a formal interview the board finds that the protection of the public requires emergency action, the board may order a summary suspension of the licensee's license pending formal revocation proceedings or other action authorized by this section.
H. If after completing the formal interview the board finds the information provided is not of sufficient seriousness to merit suspension for more than twelve months or revocation of the license, the board may take the following actions:
1. Dismiss if, in the opinion of the board, the information is without merit.
2. File a letter of concern and dismiss the complaint. The licensee may file a written response with the board within thirty days after the licensee receives the letter of concern.
3. Issue a decree of censure. A decree of censure is an official action against the licensee's license and may include a requirement for restitution of fees to a client resulting from violations of this chapter or rules adopted pursuant to this chapter.
4. Fix a period and terms of probation best adapted to protect the public health and safety and rehabilitate or educate the licensee concerned. Probation may include temporary suspension not to exceed twelve months, restriction of the licensee's license to practice behavioral health, a requirement for restitution of fees to a client or education or rehabilitation at the licensee's own expense. If a licensee fails to comply with the terms of probation, the board shall serve the licensee with a written notice that states that the licensee is subject to a formal hearing based on the information considered by the board at the formal interview and any other acts or conduct alleged to be in violation of this chapter or rules adopted by the board pursuant to this chapter, including noncompliance with the terms of probation or a consent agreement.
5. Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.
I. If the board finds that the information provided in subsection A or G of this section warrants suspension or revocation of a license issued under this chapter, the board shall initiate formal proceedings pursuant to title 41, chapter 6, article 10.
J. In a formal interview pursuant to subsection G of this section or in a hearing pursuant to subsection I of this section, the board in addition to any other action may impose a civil penalty not to exceed one thousand dollars for each violation of this chapter or a rule adopted under this chapter.
K. A letter of concern is a public document.
L. A licensee who after a formal hearing is found by the board to be guilty of unprofessional conduct, to be mentally or physically unable to safely engage in the practice of behavioral health or to be professionally incompetent is subject to censure, probation as provided in this section, suspension of license or revocation of license or any combination of these, including a stay of action, and for a period of time or permanently and under conditions as the board deems appropriate for the protection of the public health and safety and just in the circumstance. The board may charge all costs incurred in the course of the investigation and formal hearing to the licensee it finds is in violation of this chapter. The board shall deposit, pursuant to sections 35‑146 and 35‑147, monies collected pursuant to this subsection in the board of behavioral health examiners fund established by section 32‑3254.
M. If the board during the course of any investigation determines that a criminal violation may have occurred involving the delivery of behavioral health services, the board shall make the evidence of violations available to the appropriate criminal justice agency for its consideration.
N. The board shall deposit, pursuant to sections 35‑146 and 35‑147, all monies collected from civil penalties paid pursuant to this chapter in the state general fund.
O. Notice of a complaint and hearing is effective by a true copy of the notice being sent by certified mail to the licensee's last known address of record in the board's files. Notice of the complaint and hearing is complete on the date of its deposit in the mail.
P. In determining the appropriate disciplinary action under this section, the board shall consider all previous nondisciplinary and disciplinary actions against a licensee.
Q. The board may defer action with regard to an impaired licensee who voluntarily signs an agreement, in a form satisfactory to the board, agreeing to practice restrictions and treatment and monitoring programs deemed necessary by the board to protect the public health and safety. A licensee who is impaired and who does not agree to enter into an agreement with the board is subject to other action as provided pursuant to this chapter.
R. Subject to an order duly entered by the board, a person whose license to practice behavioral health has been suspended or restricted pursuant to this chapter, whether voluntarily or by action of the board, may at reasonable intervals apply to the board for reinstatement of the license. The person shall submit the application in writing and in the form prescribed by the board. After conducting an investigation and hearing, the board may grant or deny the application or modify the original finding to reflect any circumstances that have changed sufficiently to warrant modification. The board may require the applicant to pass an examination or complete board imposed continuing education requirements or may impose any other sanctions the board deems appropriate for reentry into the practice of behavioral health.
S. A person whose license is revoked, suspended or not renewed must return the license to the offices of the board within ten days after notice of that action.
T. The board may enforce a civil penalty imposed pursuant to this section in the superior court in Maricopa county.
U. For complaints being brought before the full board, the information released to the public regarding an ongoing investigation must clearly indicate that the investigation is a pending complaint and must include the following statement:
Pending complaints represent unproven allegations. On investigation, many complaints are found to be without merit or not of sufficient seriousness to merit disciplinary action against the licensee and are dismissed.
V. The board shall not act on its own motion or on any complaint received by the board in which an allegation of unprofessional conduct or any other violation of this chapter against a professional who holds an arizona license occurred more than seven four years before the complaint is received by the board. The time limitation does not apply to:
1. Malpractice settlements or judgments or allegations of sexual misconduct or if an incident or occurrence involved a felony, diversion of a controlled substance or impairment while practicing by the licensee.
2. A board's consideration of the specific unprofessional conduct related to a licensee's failure to disclose conduct or a violation as required by law.
W. The board shall not open an investigation if identifying information regarding the complainant is not provided.
X. Except for disciplinary matters prescribed by section 32‑3251, paragraph 16, subdivision (v), the board has the burden of proof by clear and convincing evidence for disciplinary matters brought pursuant to this chapter.
Sec. 8. Applicability
The time limitation specified in sections 32‑1263.02, 32‑1451.03, 32‑2943 and 32‑3281, Arizona Revised Statutes, as amended by this act, and section 32‑3224, Arizona Revised Statutes, as added by this act, applies to complaints filed with a health profession regulatory board on or after January 1, 2018.
Sec. 9. Effective date
This act is effective from and after December 31, 2017.
APPROVED BY THE GOVERNOR APRIL 24, 2017.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 24, 2017.
