Conference Engrossed

 

 

 

State of Arizona

House of Representatives

Forty-fifth Legislature

Second Regular Session

2002

 

 

 

 

CHAPTER 277

 

HOUSE BILL 2542

 

 

AN ACT

 

amending sections 31-241, 32-1401, 32-1405, 32-1800, 32-1904, 32-2501, 32‑2502, 32-2503, 32-2504, 32-2505, 32-2521, 32-2522, 32-2528, 32-2532, 32‑2533, 32-2534, 32-2551, 32-2552, 41-1092 and 41-3008.12, Arizona Revised Statutes; amending title 32, chapter 25, article 1, Arizona Revised Statutes, by adding section 32-2507; amending title 32, chapter 25, article 4, Arizona Revised Statutes, by adding sections 32-2557 and 32-2558; relating to the regulatory board of physician assistants.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 31-241, Arizona Revised Statutes, is amended to read:

START_STATUTE31-241.  Inmate complaints to boards; procedure

A.  An inmate shall exhaust all internal department grievance procedures before filing a complaint with any of the following boards:

1.  The state dental board established by section 32-1203.

2.  The joint Arizona regulatory board on the regulation of physician assistants established by section 32-2502.

3.  The allopathic board of medical examiners established by section 32-1402.

4.  The state board of nursing established by section 32-1602.

5.  The board of occupational therapy examiners established by section 32-3402.

6.  The Arizona board of osteopathic examiners in medicine and surgery established by section 32-1801.

7.  The Arizona state board of pharmacy established by section 32-1902.

8.  The state board of psychologist examiners established by section 32-2062.

9.  The medical radiologic technology board of examiners established by section 32-2802.

B.  If an inmate files a complaint with a board pursuant to subsection A of this section, the inmate shall attach a copy of the final department grievance response to the complaint. END_STATUTE

Sec. 2.  Section 32-1401, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1401.  Definitions

In this chapter, unless the context otherwise requires:

1.  "Active license" means a valid and existing license to practice medicine.

2.  "Adequate records" means legible medical records containing, at a minimum, sufficient information to identify the patient, support the diagnosis, justify the treatment, accurately document the results, indicate advice and cautionary warnings provided to the patient and provide sufficient information for another practitioner to assume continuity of the patient's care at any point in the course of treatment.

3.  "Advisory letter" means a nondisciplinary letter to notify a licensee that while there is insufficient evidence to support disciplinary action the board believes that continuation of the activities that led to the investigation may result in further board action against the licensee.

4.  "Approved hospital internship, residency or clinical fellowship program" means a program at a hospital that at the time the training occurred was legally incorporated and that had a program that was approved for internship, fellowship or residency training by the accreditation council for graduate medical education, the association of American medical colleges, the royal college of physicians and surgeons of Canada or any similar body in the United States or Canada approved by the board whose function is that of approving hospitals for internship, fellowship or residency training.

5.  "Approved school of medicine" means any school or college offering a course of study that, on successful completion, results in the degree of doctor of medicine and whose course of study has been approved or accredited by an educational or professional association, recognized by the board, including the association of American medical colleges, the association of Canadian medical colleges or the American medical association.

6.  "Board" means the allopathic board of medical examiners of the state of Arizona.

7.  "Completed application" means that the applicant has supplied all required fees, information and correspondence requested by the board on forms and in a manner acceptable to the board.

8.  "Direct supervision" means that a physician, physician assistant licensed pursuant to chapter 25 of this title or nurse practitioner certified pursuant to chapter 15 of this title is within the same room or office suite as the medical assistant in order to be available for consultation regarding those tasks the medical assistant performs pursuant to section 32-1456.

9.  "Dispense" means the delivery by a doctor of medicine of a prescription drug or device to a patient, except for samples packaged for individual use by licensed manufacturers or repackagers of drugs, and includes the prescribing, administering, packaging, labeling and security necessary to prepare and safeguard the drug or device for delivery.

10.  "Doctor of medicine" means a natural person holding a license, registration or permit to practice medicine pursuant to this chapter.

11.  "Full-time faculty member" means a physician employed full time as a faculty member while holding the academic position of assistant professor or a higher position at an approved school of medicine.

12.  "Health care institution" means any facility as defined in section 36‑401, any person authorized to transact disability insurance, as defined in title 20, chapter 6, article 4 or 5, any person who is issued a certificate of authority pursuant to title 20, chapter 4, article 9 or any other partnership, association or corporation that provides health care to consumers.

13.  "Immediate family" means the spouse, natural or adopted children, father, mother, brothers and sisters of the doctor and the natural or adopted children, father, mother, brothers and sisters of the doctor's spouse.

14.  "Joint board" means the joint board on the regulation of physician assistants established pursuant to chapter 25 of this title.

15.  14.  "Letter of reprimand" means a disciplinary letter that is issued by the board and that informs the physician that the physician's conduct violates state or federal law and may require the board to monitor the physician.

16.  15.  "Medical assistant" means an unlicensed person who meets the requirements of section 32‑1456, has completed an education program approved by the board, assists in a medical practice under the supervision of a doctor of medicine, physician assistant or nurse practitioner and performs delegated procedures commensurate with the assistant's education and training but does not diagnose, interpret, design or modify established treatment programs or perform any functions that would violate any statute applicable to the practice of medicine.

17.  16.  "Medical peer review" means:

(a)  The participation by a doctor of medicine in the review and evaluation of the medical management of a patient and the use of resources for patient care.

(b)  Activities relating to a health care institution's decision to grant or continue privileges to practice at that institution.

18.  17.  "Medically incompetent" means a person who the board determines is incompetent based on a variety of factors including:

(a)  A lack of sufficient medical knowledge or skills, or both, to a degree likely to endanger the health of patients.

(b)  When considered with other indications of medical incompetence, failing to obtain a scaled score of at least seventy‑five per cent on the written special purpose licensing examination administered by the board.

19.  18.  "Medicine" means allopathic medicine as practiced by the recipient of a degree of doctor of medicine.

20.  19.  "Physician" means a doctor of medicine licensed pursuant to this chapter.

21.  20.  "Practice of medicine" means the diagnosis, the treatment or the correction of or the attempt or the holding of oneself out as being able to diagnose, treat or correct any and all human diseases, injuries, ailments, infirmities, deformities, physical or mental, real or imaginary, by any means, methods, devices or instrumentalities, except as the same may be among the acts or persons not affected by this chapter.† The practice of medicine includes the practice of medicine alone or the practice of surgery alone, or both.

22.  21.  "Special purpose licensing examination" means an examination developed by the national board of medical examiners on behalf of the federation of state medical boards for use by state licensing boards to test the basic medical competence of physicians who are applying for licensure and who have been in practice for a considerable period of time in another jurisdiction and to determine the competence of a physician under investigation by a state licensing board.

23.  22.  "Teaching hospital's accredited graduate medical education program" means that the hospital is incorporated and has an internship, fellowship or residency training program that is accredited by the accreditation council for graduate medical education, the American medical association, the association of American medical colleges, the royal college of physicians and surgeons of Canada or a similar body in the United States or Canada approved by the board whose function is that of approving hospitals for internship, fellowship or residency training.

24.  23.  "Teaching license" means a valid license to practice medicine as a full-time faculty member of an approved school of medicine or a teaching hospital's accredited graduate medical education program.

25.  24.  "Unprofessional conduct" includes the following, whether occurring in this state or elsewhere:

(a)  Violating any federal or state laws or rules and regulations applicable to the practice of medicine.

(b)  Intentionally disclosing a professional secret or intentionally disclosing a privileged communication except as either act may otherwise be required by law.

(c)  False, fraudulent, deceptive or misleading advertising by a doctor of medicine or the doctor's staff, employer or representative.

(d)  Committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude.† In either case, conviction by any court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission.

(e)  Failing or refusing to maintain adequate records on a patient.

(f)  Habitual intemperance in the use of alcohol or habitual substance abuse.

(g)  Using controlled substances except if prescribed by another physician for use during a prescribed course of treatment.

(h)  Prescribing or dispensing controlled substances to members of the physician's immediate family.

(i)  Prescribing, dispensing or administering schedule II controlled substances as defined in section 36-2513 including amphetamines and similar schedule II sympathomimetic drugs in the treatment of exogenous obesity for a period in excess of thirty days in any one year, or the non-therapeutic use of injectable amphetamines.

(j)  Prescribing, dispensing or administering any controlled substance or prescription-only drug for other than accepted therapeutic purposes.

(k)  Signing a blank, undated or predated prescription form.

(l)  Conduct that the board determines is gross malpractice, repeated malpractice or any malpractice resulting in the death of a patient.

(m)  Representing that a manifestly incurable disease or infirmity can be permanently cured, or that any disease, ailment or infirmity can be cured by a secret method, procedure, treatment, medicine or device, if such is not the fact.

(n)  Refusing to divulge to the board on demand the means, method, procedure, modality of treatment or medicine used in the treatment of a disease, injury, ailment or infirmity.

(o)  Action that is taken against a doctor of medicine by another licensing or regulatory jurisdiction due to that doctor's mental or physical inability to engage safely in the practice of medicine, the doctor's medical incompetence or for unprofessional conduct as defined by that jurisdiction and that corresponds directly or indirectly to an act of unprofessional conduct prescribed by this paragraph.† The action taken may include refusing, denying, revoking or suspending a license by that jurisdiction or a surrendering of a license to that jurisdiction, otherwise limiting, restricting or monitoring a licensee by that jurisdiction or placing a licensee on probation by that jurisdiction.

(p)  Sanctions imposed by an agency of the federal government, including restricting, suspending, limiting or removing a person from the practice of medicine or restricting that person's ability to obtain financial remuneration.

(q)  Any conduct or practice that is or might be harmful or dangerous to the health of the patient or the public.

(r)  Violating a formal order, probation, consent agreement or stipulation issued or entered into by the board or its executive director under the provisions of this chapter.

(s)  Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision of this chapter.

(t)  Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of medicine or if applying for privileges or renewing an application for privileges at a health care institution.

(u)  Charging a fee for services not rendered or dividing a professional fee for patient referrals among health care providers or health care institutions or between these providers and institutions or a contractual arrangement that has the same effect.

(v)  Obtaining a fee by fraud, deceit or misrepresentation.

(w)  Charging or collecting a clearly excessive fee.† In determining if a fee is clearly excessive, the board shall consider the fee or range of fees customarily charged in the state for similar services in light of modifying factors such as the time required, the complexity of the service and the skill requisite to perform the service properly.† This subdivision does not apply if there is a clear written contract for a fixed fee between the physician and the patient that has been entered into before the provision of service.

(x)  Fetal experiments conducted in violation of section 36-2302.

(y)  The use of experimental forms of diagnosis and treatment without adequate informed patient consent, and without conforming to generally accepted experimental criteria, including protocols, detailed records, periodic analysis of results and periodic review by a medical peer review committee as approved by the federal food and drug administration or its successor agency.

(z)  Engaging in sexual conduct with a current patient or with a former patient within six months after the last medical consultation unless the patient was the licensee's spouse at the time of the contact or, immediately preceding the physician-patient relationship, was in a dating or engagement relationship with the licensee.† For the purposes of this subdivision, "sexual conduct" includes:

(i)  Engaging in or soliciting sexual relationships, whether consensual or nonconsensual.

(ii)  Making sexual advances, requesting sexual favors or engaging in any other verbal conduct or physical contact of a sexual nature with a patient.

(iii)  Intentionally viewing a completely or partially disrobed patient in the course of treatment if the viewing is not related to patient diagnosis or treatment under current practice standards.

(aa)  Procuring or attempting to procure a license to practice medicine or a license renewal by fraud, by misrepresentation or by knowingly taking advantage of the mistake of another person or an agency.

(bb)  Representing or holding oneself out as being a medical specialist when such is not the fact.

(cc)  Maintaining a professional connection with or lending one's name to enhance or continue the activities of an illegal practitioner of medicine.

(dd)  Failing to furnish information in a timely manner to the board or its investigators or representatives if legally requested by the board.

(ee)  Failing to allow properly authorized board personnel on demand to examine and have access to documents, reports and records maintained by the physician that relate to his the physician's medical practice or medically related activities.

(ff)  Knowingly failing to disclose to a patient on a form that is prescribed by the board and that is dated and signed by the patient or guardian acknowledging that the patient or guardian has read and understands that the doctor has a direct financial interest in a separate diagnostic or treatment agency or in non-routine goods or services that the patient is being prescribed and if the prescribed treatment, goods or services are available on a competitive basis.† This subdivision does not apply to a referral by one doctor of medicine to another doctor of medicine within a group of doctors of medicine practicing together.

(gg)  Using chelation therapy in the treatment of arteriosclerosis or as any other form of therapy, with the exception of treatment of heavy metal poisoning, without:

(i)  Adequate informed patient consent.

(ii)  Conforming to generally accepted experimental criteria, including protocols, detailed records, periodic analysis of results and periodic review by a medical peer review committee.

(iii)  Approval by the federal food and drug administration or its successor agency.

(hh)  Prescribing, dispensing or administering anabolic‑androgenic steroids to a person for other than therapeutic purposes.

(ii)  Lack of or inappropriate direction, collaboration or direct supervision of a medical assistant or a licensed, certified or registered health care provider employed by, supervised by or assigned to the physician.

(jj)  Knowingly making a false or misleading statement to the board or on a form required by the board or in a written correspondence, including attachments, with the board.

(kk)  Failing to dispense drugs and devices in compliance with article 6 of this chapter.

(ll)  Conduct that the board determines is gross negligence, repeated negligence or negligence resulting in harm to or the death of a patient.

(mm)  The representation by a doctor of medicine or the doctor's staff, employer or representative that the doctor is boarded or board certified if this is not true or the standing is not current or without supplying the full name of the specific agency, organization or entity granting this standing.

(nn)  Refusing to submit to a body fluid examination as required by the board pursuant to section 32-1452 or pursuant to a board investigation into a doctor of medicine's alleged substance abuse.

(oo)  Failing to report in writing to the board or the joint regulatory board of physician assistants any evidence that a doctor of medicine or a physician assistant is or may be medically incompetent, guilty of unprofessional conduct or mentally or physically unable to safely practice medicine or as a physician assistant.

(pp)  The failure of a physician who is the chief executive officer, the medical director or the medical chief of staff of a health care institution to report in writing to the board that the hospital privileges of a doctor of medicine have been denied, revoked, suspended, supervised or limited because of actions by the doctor that appear to show that the doctor is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be unable to engage safely in the practice of medicine.

(qq)  Representing oneself to be a current member of the board, its staff or a board medical consultant if this is not true.

(rr)  Failing to make patient medical records in the physician's possession promptly available to a physician assistant, a nurse practitioner, a person licensed pursuant to this chapter or a podiatrist, chiropractor, naturopathic physician, osteopathic physician or homeopathic physician licensed under chapter 7, 8, 14, 17 or 29 of this title on receipt of proper authorization to do so from the patient, a minor patient's parent, the patient's legal guardian or the patient's authorized representative or failing to comply with title 12, chapter 13, article 7.1.

(ss)  Prescribing, dispensing or furnishing a prescription medication or a prescription-only device as defined in section 32-1901 to a person unless the licensee first conducts a physical examination of that person or has previously established a doctor-patient relationship.† This subdivision does not apply to:

(i)  A physician who provides temporary patient supervision on behalf of the patient's regular treating licensed health care professional.

(ii)  Emergency medical situations as defined in section 41-1831.

(iii)  Prescriptions written to prepare a patient for a medical examination. END_STATUTE

Sec. 3.  Section 32-1405, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1405.  Executive director; compensation; duties; appeal to the board

A.  The board shall appoint an executive director who shall serve at the pleasure of the board.† The executive director shall not be a board member, except that the board may authorize the executive director to represent the board and to vote on behalf of the board at meetings of the federation of state medical boards of the United States.

B.  The executive director is eligible to receive compensation set by the board within the range determined under section 38-611.

C.  The executive director or the executive director's designee shall:

1.  Employ, evaluate, dismiss, discipline and direct professional, clerical, technical, investigative and administrative personnel necessary to carry on the work of the board.

2.  Set compensation for board employees within the range determined under section 38-611.

3.  As directed by the board, prepare and submit recommendations for amendments to the medical practice act for consideration by the legislature.

4.  Appoint and employ medical consultants and agents necessary to conduct investigations, gather information and perform those duties the executive director determines are necessary and appropriate to enforce this chapter.

5.  Issue licenses, registrations and permits to applicants who meet the requirements of this chapter.

6.  Manage the board's offices.

7.  Prepare minutes, records, reports, registries, directories, books and newsletters and record all board transactions and orders.

8.  Collect all monies due and payable to the board.

9.  Pay all bills for authorized expenditures of the board and its staff.

10.  Prepare an annual budget.

11.  Submit a copy of the budget each year to the governor, the speaker of the house of representatives and the president of the senate.

12.  Initiate an investigation if evidence appears to demonstrate that a physician may be engaged in unprofessional conduct or may be medically incompetent or mentally or physically unable to safely practice medicine.

13.  Issue subpoenas if necessary to compel the attendance and testimony of witnesses and the production of books, records, documents and other evidence.

14.  Provide assistance to the attorney general in preparing and sign and execute disciplinary orders, rehabilitative orders and notices of hearings as directed by the board.

15.  Enter into contracts for goods and services pursuant to title 41, chapter 23 that are necessary to carry out board policies and directives.

16.  Execute board directives.

17.  Manage and supervise the operation of the joint regulatory board on the regulation of physician assistants.

18.  Issue certificates licenses to physician assistant applicants who meet the requirements of chapter 25 of this title.

19.  Represent the board with the federal government, other states or jurisdictions of the United States, this state, political subdivisions of this state, the news media and the public.

20.  On behalf of the board, enter into stipulated agreements with persons under the jurisdiction of either the board or the joint regulatory board on the regulation of physician assistants for the treatment, rehabilitation and monitoring of chemical substance abuse or misuse.

21.  Review all complaints filed pursuant to section 32-1451.† If delegated by the board, the executive director may also dismiss complaints a complaint if the complaint is without merit.

22.  If delegated by the board, directly refer cases to a formal hearing.

23.  If delegated by the board, close cases resolved through mediation.

24.  If delegated by the board, issue advisory letters.

25.  If delegated by the board, enter into a consent agreement if there is evidence of danger to the public health and safety.

26.  If delegated by the board, grant uncontested requests for inactive status and cancellation of a license pursuant to sections 32-1431 and 32‑1433.

27.  If delegated by the board, refer cases to the board for a formal interview.

28.  Perform all other administrative, licensing or regulatory duties required by the board.

D.  Medical consultants and agents appointed pursuant to subsection C, paragraph 4 of this section are eligible to receive compensation determined by the executive director in an amount not to exceed two hundred dollars for each day of service. 0

E.  A person who is aggrieved by an action taken by the executive director may request the board to review that action by filing with the board a written request within thirty days after that person is notified of the executive directorís action by personal delivery or certified mail to that personís last known residence or place of business.  At the next regular board meeting, the board shall review the executive directorís action.  On review, the board shall approve, modify or reject the executive directorís action. END_STATUTE

Sec. 4.  Section 32-1800, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1800.  Definitions

In this chapter, unless the context otherwise requires:

1.  "Active license" means a valid license to practice medicine.

2.  "Adequate records" means legible medical records containing, at a minimum, sufficient information to identify the patient, support the diagnosis, justify the treatment, accurately document the results, indicate advice and cautionary warnings provided to the patient and provide sufficient information for another licensed health care practitioner to assume continuity of the patient's care at any point in the course of treatment.

3.  "Approved fellowship program" means that an applicant for licensure completed training when the hospital or other facility in which the training occurred was approved for fellowship by the American osteopathic association or by the accreditation council on graduate medical education.

4.  "Approved hospital internship" means that an applicant for licensure completed training when the hospital or other facility in which the training occurred was approved for internship by the American osteopathic association or by the accreditation council on graduate medical education.

5.  "Approved preceptorship" means that an applicant for licensure completed training when the hospital or other facility in which the training occurred was approved for preceptorship by the American osteopathic association or by the accreditation council on graduate medical education.

6.  "Approved residency" means that an applicant for licensure completed training when the hospital or other facility in which the training occurred was approved for residency by the American osteopathic association or by the accreditation council on graduate medical education.

7.  "Approved school of osteopathic medicine" means a school or college offering a course of study which that, on successful completion, results in the awarding of the degree of doctor of osteopathy and whose course of study has been approved or accredited by the American osteopathic association.

8.  "Board" means the Arizona board of osteopathic examiners in medicine and surgery.

9.  "Completed application" means an application for which the applicant has supplied all required fees, information and correspondence required by the board on forms and in a manner approved by the board.

10.  "Decree of censure" means a formal written reprimand by the board of a physician for a violation of this chapter that constitutes an official action against a physician's license.

11.  "Direct supervision" means that a physician is within the same room or office suite as the medical assistant in order to be available for consultation regarding those tasks the medical assistant performs pursuant to section 32-1859.

12.  "Dispense" means the delivery by a physician of a prescription drug or device to a patient, except for samples packaged for individual use by licensed manufacturers or repackagers of drugs, and includes the prescribing, administering, packaging, labeling and security necessary to prepare and safeguard the drug or device for delivery.

13.  "Doctor of osteopathy" means a person who holds a license, registration or permit to practice medicine pursuant to this chapter.

14.  "Full-time faculty member" means a physician employed full time as a faculty member while holding the academic position of assistant professor or a higher position at an approved school of osteopathic medicine.

15.  "Immediate family" means the spouse, natural or adopted children, father, mother, brothers and sisters of the physician and the natural and adopted children, father, mother, brothers and sisters of the physician's spouse.

16.  "Inappropriate fee" means a fee that is not supported by documentation of time, complexity or extreme skill required to perform the service.

17.  "Investigative hearing" means a meeting between the board and a physician to discuss issues set forth in the investigative hearing notice and during which the board may hear statements from board staff, the complainant and the physician.

18.  "Joint board" means the joint board on the regulation of physician assistants established pursuant to chapter 25 of this title.

19.  18.  "Letter of concern" means an advisory letter to notify a physician that while there is insufficient evidence to support direct action against the physician's license there is sufficient evidence for the board to notify the physician of its concern.  A letter of concern is a public document for five years after it is issued and may be used in future disciplinary actions against the physician.

20.  19.  "Medical assistant" means an unlicensed person who has completed an educational program approved by the board, who assists in a medical practice under the supervision of a doctor of osteopathic medicine and who performs delegated procedures commensurate with the assistant's education and training but who does not diagnose, interpret, design or modify established treatment programs or violate any statute.

21.  20.  "Medical peer review" means the participation by a doctor of osteopathy in the review and evaluation of the medical management of a patient and the use of resources for patient care as well as activities relating to a health care institution's decision to grant or continue privileges to practice at that institution.

22.  21.  "Medically incompetent" means that a person lacks sufficient medical knowledge or skills, or both, to a degree likely to endanger the health of patients or fails to obtain a scaled score of at least seventy-five per cent on the written special purpose licensing examination administered by the board.

23.  22.  "Medicine" means osteopathic medicine as practiced by a person who receives a degree of doctor of osteopathy.

24.  23.  "Physician" means a doctor of osteopathic medicine who holds a license to practice osteopathic medicine pursuant to this chapter.

25.  24.  "Practice of medicine" or "practice of osteopathic medicine" means all of the following:

(a)  To examine, diagnose, treat, prescribe for, palliate, prevent or correct human diseases, injuries, ailments, infirmities and deformities, physical or mental conditions, real or imaginary, by the use of drugs, surgery, manipulation, electricity or any physical, mechanical or other means as provided by this chapter.

(b)  Suggesting, recommending, prescribing or administering any form of treatment, operation or healing for the intended palliation, relief or cure of any physical or mental disease, ailment, injury, condition or defect.

(c)  The practice of osteopathic medicine alone or the practice of osteopathic surgery or osteopathic manipulative therapy, or any combination of either practice.

26.  25.  "Special purpose licensing examination" means an examination developed by the national board of medical examiners, on behalf of the federation of state medical boards or the national board of osteopathic medical examiners for use by state licensing boards, to test the basic medical competency of physicians who are applying for licensure and who have been in practice in another jurisdiction or to determine the competency of a physician who has not been in practice for a considerable period of time or who is under investigation.

27.  26.  "Specialist" means a physician who has successfully completed postdoctoral training in an approved fellowship program, an approved preceptorship or an approved residency or who is board certified by a specialty board approved by the board.

28.  27.  "Subscription provider of health care" means an entity which that, through contractual agreement, is responsible for the payment, in whole or in part, of debts incurred by a person for medical or other health care services.END_STATUTE

Sec. 5.  Section 32-1904, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1904.  Powers and duties of board; immunity

A.  The board shall:

1.  Make bylaws and adopt rules that are necessary for the protection of the public and that pertain to the practice of pharmacy, the manufacturing, wholesaling or supplying of drugs, devices, poisons or hazardous substances, the use of pharmacy technicians and support personnel and the lawful performance of its duties.

2.  Fix standards and requirements for the registration and reregistration of pharmacies, except as otherwise specified.

3.  Investigate compliance as to the quality, label and labeling of all drugs, devices, poisons or hazardous substances and take action necessary to prevent the sale of these if they do not conform to the standards prescribed in this chapter, the official compendium or the federal act.

4.  Enforce its rules. In so doing, the board or its agents have free access at all reasonable hours to any pharmacy, manufacturer, wholesaler, nonprescription drug permittee or other establishment in which drugs, devices, poisons or hazardous substances are manufactured, processed, packed or held, or to enter any vehicle being used to transport or hold such drugs, devices, poisons or hazardous substances for the purpose:

(a)  Of inspecting the establishment or vehicle to determine if any of the provisions of this chapter or the federal act are being violated.

(b)  Of securing samples or specimens of any drug, device, poison or hazardous substance after paying or offering to pay for such sample.

(c)  Of detaining or embargoing a drug, device, poison or hazardous substance in accordance with section 32-1994.

5.  Examine and license as pharmacists and pharmacy interns all qualified applicants as provided by this chapter.

6.  Issue duplicates of lost or destroyed permits on the payment of a fee as prescribed by the board.

7.  Adopt rules for the rehabilitation of pharmacists and pharmacy interns as provided by this chapter.

8.  At least once every three months notify pharmacies regulated pursuant to this chapter of any modifications on prescription writing privileges of podiatrists, dentists, doctors of medicine, registered nurse practitioners, osteopathic physicians, veterinarians, physician assistants, optometrists and homeopathic physicians of which it receives notification from the board of podiatry examiners, board of dental examiners, allopathic board of medical examiners, board of nursing, board of osteopathic examiners in medicine and surgery, veterinary medical examining board, joint regulatory board on the regulation of physician assistants, board of optometry or board of homeopathic medical examiners.

B.  The board may:

1.  Employ chemists, compliance officers, clerical help and other employees and provide laboratory facilities for the proper conduct of its business.

2.  Provide, by education of and information to the licensees and to the public, assistance in the curtailment of abuse in the use of drugs, devices, poisons and hazardous substances.

3.  Approve or reject the manner of storage and security of drugs, devices, poisons and hazardous substances.

4.  Accept monies and services to assist in the enforcement of the provisions of this chapter from other than licensees:

(a)  For performing inspections and other board functions.

(b)  For the cost of copies of the pharmacy and controlled substances laws, the annual report of the board, and other information from the board.

5.  Adopt rules for professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession of pharmacy.

6.  Grant permission to deviate from a state requirement for experimentation and technological advances.

7.  Adopt rules for the training and practice of pharmacy interns, pharmacy technicians and support personnel.

8.  Investigate alleged violations of this chapter, conduct hearings in respect to violations, subpoena witnesses and take such action as it deems necessary to revoke or suspend a license or a permit, place a licensee or permittee on probation or warn a licensee or permittee under this chapter or to bring notice of violations to the county attorney of the county in which a violation took place or to the attorney general.

9.  By rule approve colleges or schools of pharmacy.

10.  By rule approve programs of practical experience, clinical programs, internship training programs, programs of remedial academic work and preliminary equivalency examinations as provided by this chapter.

11.  Assist in the continuing education of pharmacists and pharmacy interns.

12.  Issue inactive status licenses as provided by this chapter.

13.  Accept monies and services from the federal government or others for educational, research or other purposes pertaining to the enforcement of this chapter.

14.  By rule except from the application of all or any part of this chapter any material, compound, mixture or preparation containing any stimulant or depressant substance included in section 13-3401, paragraph 6, subdivision (b) or (c) from the definition of dangerous drug if the material, compound, mixture or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, provided that such admixtures are included in such combinations, quantity, proportion or concentration as to vitiate the potential for abuse of the substances which that do have a stimulant or depressant effect on the central nervous system.

15.  Adopt rules for the revocation, suspension or reinstatement of licenses or permits or the probation of licensees or permittees as provided by this chapter.

C.  The executive director and other permanent or temporary personnel or agents of the board are not subject to civil liability for any act done or proceeding undertaken or performed in good faith and in furtherance of the purposes of this chapter.END_STATUTE

Sec. 6.  Section 32-2501, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2501.  Definitions

In this chapter, unless the context otherwise requires:

1.  "Active license" means a regular or temporary license issued pursuant to this chapter.  Active license does not include an inactive license.

2.  "Adequate records" means legible medical records containing, at a minimum, sufficient information to identify the patient, support the diagnosis, justify the treatment, accurately document the results, indicate advice and cautionary warnings provided to the patient and provide sufficient information for another practitioner to assume continuity of the patient's care at any point in the course of treatment.

3.  "Advisory letter" means a nondisciplinary letter to notify a physician assistant that either:

(a)  While there is insufficient evidence to support disciplinary action, the board believes that continuation of the activities that led to the investigation may result in further board action against the licensee.

(b)  The violation is a minor or technical violation that is not of sufficient merit to warrant disciplinary action.

(c)  While the licensee has demonstrated substantial compliance through rehabilitation or remediation that has mitigated the need for disciplinary action, the board believes that repetition of the activities that led to the investigation may result in further board action against the licensee.

3.  4.  "Approved program" means a physician assistant educational program that has been fully or provisionally accredited by the committee on allied health education and accreditation or by the commission on the accreditation for allied health education programs, or successor agencies, on the recommendation of the accreditation review committee on education for physician assistants.

4.  5.  "Board" means the joint Arizona regulatory board on the regulation of physician assistants.

5.  6.  "Completed application" means an application for which the applicant has supplied all required fees, information and correspondence requested by the board on forms and in a manner acceptable to the board.

6.  7.  "Immediate family" means the spouse, natural or adopted children, father, mother, brothers and sisters of the physician assistant and the natural or adopted children, father, mother, brothers and sisters of the physician assistant's spouse.

7.  "Letter of concern" means a nondisciplinary advisory letter to notify a physician assistant that, while there is insufficient evidence to support disciplinary action, the board believes the physician assistant should modify or eliminate certain practices and that continuation of the activities which led to the information being submitted to the board may result in action against the physician assistant's license.

8.  "Letter of reprimand" means a disciplinary letter that is issued by the board and that informs the physician assistant that the physician assistantís conduct violates state or federal law and may require the board to monitor the physician assistant.

8.  9.  "Medically incompetent" means that a physician assistant lacks sufficient medical knowledge or skills, or both, in performing delegated health care tasks to a degree likely to endanger the health or safety of patients.

9.  10.  "Minor surgery" means those invasive procedures that may be delegated to a physician assistant by a supervising physician, that are consistent with the training and experience of the physician assistant, that are normally taught in courses of training approved by the board and, prior to June 30, 1993, that have been approved by the board as falling within a scope of practice of a physician assistant.† Minor surgery does not include a surgical abortion.

10.  11.  "Notification of supervision" means a written notice that is provided to the board by a supervising physician and that notifies the board that the physician intends to supervise a physician assistant.  The physician shall provide this notice on a form prescribed by the board before the physician assistant begins work.

11.  12.  "Physician" means a physician licensed pursuant to chapter 13 or 17 of this title.

12.  13.  "Physician assistant" means a person who is licensed pursuant to this chapter and who performs health care tasks pursuant to a dependent relationship with a physician.

13.  14.  "Primary place for meeting patients" includes the supervising physician's office, health care institutions in which the supervising physician's patients are located or homes of patients.

14.  15.  "Regular license" means a valid and existing license issued pursuant to section 32-2521 to perform health care tasks.  Regular license does not include a temporary license.

15.  16.  "Supervising physician" means a physician who holds a current unrestricted license, provides a notification of supervision, assumes legal responsibility for health care tasks performed by the physician assistant and is approved by the board.  For purposes of this paragraph, a limited license issued pursuant to section 32-1426, subsection C, before November 2, 1998 is not a restriction.

16.  17.  "Supervising physician's agent" means a physician who holds a current unrestricted license, is a cosignatory on the notification of supervision, agrees to act as the supervising physician in the supervising physician's absence and is approved by the board.  For purposes of this paragraph, a limited license issued pursuant to section 32-1426, subsection C, before November 2, 1998 is not a restriction.

17.  18.  "Supervision" means a physician's opportunity or ability to provide or exercise control over the services of a physician assistant. Supervision does not require a physician's constant physical presence if the supervising physician or the supervising physician's agent is or can be easily in contact with the physician assistant by radio, telephone or telecommunication.

18.  19.  "Unprofessional conduct" includes the following acts by a physician assistant that occur in this state or elsewhere:

(a)  Violation of any federal or state law or rule which that applies to the performance of health care tasks as a physician assistant. Conviction in any court of competent jurisdiction is conclusive evidence of a violation.

(b)  Holding himself out as claiming to be a physician or knowingly permitting another person to represent him that person as a physician.

(c)  Performing health care tasks which that have not been delegated by the supervising physician.

(d)  Habitual intemperance in the use of alcohol or habitual substance abuse.

(e)  Signing a blank, undated or predated prescription form.

(f)  Gross malpractice, repeated malpractice or any malpractice resulting in the death of a patient.

(g)  Representing that a manifestly incurable disease or infirmity can be permanently cured or that a disease, ailment or infirmity can be cured by a secret method, procedure, treatment, medicine or device, if this is not true.

(h)  Refusing to divulge to the board on demand the means, method, procedure, modality of treatment or medicine used in the treatment of a disease, injury, ailment or infirmity.

(i)  Prescribing or dispensing controlled substances or prescription‑only drugs for which the physician assistant is not approved or in excess of the amount authorized pursuant to this chapter.

(j)  Any conduct or practice which that is harmful or dangerous to the health of a patient or the public.

(k)  Violation of a formal order, probation or stipulation issued by the board.

(l)  Failing to clearly identify himself disclose the person's identity as a physician assistant in the course of his the physician assistant's employment.

(m)  Failing to use and affix the initials "P.A." or "P.A.C." "P.A.-C." after the physician assistant's name or signature on charts, prescriptions or professional correspondence.

(n)  Procuring or attempting to procure a physician assistant  license by fraud, misrepresentation or knowingly taking advantage of the mistake of another.

(o)  Having professional connection with or lending the physician assistant's name to an illegal practitioner of any of the healing arts.

(p)  Failing or refusing to maintain adequate records on a patient.

(q)  Using controlled substances that have not been prescribed by a physician, physician assistant, dentist or nurse practitioner for use during a prescribed course of treatment.

(r)  Prescribing or dispensing controlled substances to members of the physician assistant's immediate family.

(s)  Prescribing, dispensing or administering any controlled substance or prescription-only drug for other than accepted therapeutic purposes.

(t)  Knowingly making any written or oral false or fraudulent statement in connection with the performance of health care tasks.

(u)  Committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude.  In either case, conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission.

(v)  Refusal, revocation, suspension, limitation or restriction of a certification or license by any other licensing jurisdiction for the inability to safely and skillfully perform health care tasks or for unprofessional conduct as defined by that jurisdiction which that directly or indirectly corresponds to any act of unprofessional conduct as prescribed by this paragraph.

(w)  Sanctions including restriction, suspension or removal from practice imposed by an agency of the federal government.

(x)  Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate a provision of this chapter.

(y)  Sexual intimacies with a patient.

(z)  (y)  Using the term "doctor" or the abbreviation "Dr." on a name tag or in a way that leads the public to believe that the physician assistant is licensed to practice as an allopathic or an osteopathic physician in this state.

(aa)  (z)  Failing to furnish legally requested information to the board or its investigator in a timely manner.

(bb)  (aa)  Failing to allow properly authorized board personnel to examine on demand documents, reports and records of any kind relating to the physician assistant's performance of health care tasks.

(cc)  (bb)  Knowingly making a false or misleading statement on a form required by the board or in written correspondence or attachments furnished to the board.

(dd)  (cc)  Failing to submit to a body fluid examination pursuant to an agreement with the board or an order of the board.

(ee)  (dd)  Violating a formal order, probation agreement or stipulation issued or entered into by the board or its executive director.

(ff)  (ee)  Except as otherwise required by law, intentionally betraying a professional secret or intentionally  violating a privileged communication.

(gg)  Procuring or attempting to procure a license by fraud, misrepresentation or knowingly taking advantage of the mistake of another person or agency.

(hh)  (ff)  Allowing the use of the licensee's name in any way to enhance or permit the continuance of the activities of, or maintaining a professional connection with, an illegal practitioner of medicine or the performance of health care tasks by a person who is not licensed pursuant to this chapter.

(ii)  (gg)  False, fraudulent, deceptive or misleading advertising by a physician assistant or the physician assistant's staff or representative.

(jj)  (hh)  Knowingly failing to disclose to a patient on a form that is prescribed by the board and that is dated and signed by the patient or guardian acknowledging that the patient or guardian has read and understands that the licensee has a direct financial interest in a separate diagnostic or treatment agency or in nonroutine goods or services that the patient is being prescribed and if the prescribed treatment, goods or services are available on a competitive basis.  This subdivision does not apply to a referral by one doctor of medicine to another doctor of medicine within a group of doctors of medicine practicing together.

(kk)  (ii)  Using chelation therapy in the treatment of arteriosclerosis or as any other form of therapy.

(ll)  (jj)  Prescribing, dispensing or administering anabolic or androgenic steroids for other than therapeutic purposes.

(kk)  Prescribing, dispensing or furnishing a prescription medication or a prescription-only device as defined in section 32-1901 to a person unless the licensee first conducts a physical examination of that person or has previously established a professional relationship with the person.† This subdivision does not apply to:

(i)  A physician assistant who provides temporary patient care on behalf of the patientís regular treating licensed health care professional.

(ii)  Emergency medical situations as defined in section 41-1831.

(iii)  Prescriptions written to prepare a patient for a medical examination.

(ll)  Engaging in sexual conduct with a current patient or with a former patient within six months after the last medical consultation unless the patient was the licenseeís spouse at the time of the contact or, immediately preceding the professional relationship, was in a dating or engagement relationship with the licensee.† For the purposes of this subdivision, "sexual conduct" includes:

(i)  Engaging in or soliciting sexual relationships, whether consensual or nonconsensual.

(ii)  Making sexual advances, requesting sexual favors or engaging in other verbal conduct or physical contact of a sexual nature with a patient.

(iii)  Intentionally viewing a completely or partially disrobed patient in the course of treatment if the viewing is not related to patient diagnosis or treatment under current practice standards. END_STATUTE

Sec. 7.  Section 32-2502, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2502.  Arizona regulatory board of physician assistants; membership; appointment; terms

A.  The joint Arizona regulatory board on the regulation of physician assistants is established consisting of the following members:

1.  Four physician assistants who hold a current regular license pursuant to this chapter.  The governor may appoint these members from a list of qualified candidates submitted by the Arizona state association of physician assistants.  The governor may seek additional input and nominations before the governor makes the physician assistant appointments.

2.  Two public members appointed by the governor.

3.  Two physicians who are actively engaged in the practice of medicine and who are licensed pursuant to chapter 17 of this title, one of whom supervises a physician assistant at the time of appointment, and who are appointed by the board of osteopathic examiners in medicine and surgery and who shall report and be responsible to the board of osteopathic examiners in medicine and surgery governor.

4.  Two physicians who are actively engaged in the practice of medicine and who are licensed pursuant to chapter 13 of this title, one of whom supervises a physician assistant at the time of his appointment, and who are appointed by the allopathic board of medical examiners and who shall report and be responsible to the allopathic board of medical examiners governor.

B.  The term of office of members of the board is four years to begin and end on July 1.

C.  Each board member is eligible for appointment to not more than two full terms, except that the term of office for a member appointed to fill a vacancy that is not caused by the expiration of a full term is for the unexpired portion of that term and the governor may reappoint that member to not more than two additional full terms.  Each board member may continue to hold office until the appointment and qualification of that member's successor.  However, the entity that appoints a board member may remove that member, after notice and a hearing before that entity, on a finding of continued neglect of duty, incompetence or unprofessional or dishonorable conduct.  That member's term ends when the entity makes this finding.

D.  A board member's term automatically ends:

1.  On written resignation submitted to the board chairperson or to an appointing entity.

2.  If the member is absent from this state for more than six months during a one year period.

3.  If the member fails to attend three consecutive regular board meetings.

4.  If the member retires from the active practice of medicine or from the active performance of health care tasks.

4.  Five years after retirement from active practice.

E.  Board members are immune from civil liability for all good faith actions they take pursuant to this chapter.END_STATUTE

Sec. 8.  Section 32-2503, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2503.  Organization; meetings; compensation

A.  The board shall annually elect a chairperson and vice‑chairperson  from among its members.

B.  The board shall hold a regular meeting at least quarterly on a date and at a time and place it designates.  In addition, the chairperson  may call special meetings the board deems necessary.  The board shall hold special meetings on Saturdays as the chairperson may determine necessary to carry out the functions of the board.

C.  Members of the board are eligible to receive compensation in the amount of one two hundred dollars for each day of actual service in the business of the board and for all expenses necessarily and properly incurred in attending board meetings. END_STATUTE

Sec. 9.  Section 32-2504, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2504.  Powers and duties; subcommittees

A.  The board shall:

1.  As its primary duty, protect the public from unlawful, incompetent, unqualified, impaired or unprofessional physician assistants.

2.  License and regulate physician assistants pursuant to this chapter.

3.  Order and evaluate physical, psychological, psychiatric and competency testing of licensees and applicants the board determines is necessary to enforce this chapter.

4.  Review the credentials and the abilities of applicants for licensure whose professional records or physical or mental capabilities may not meet the requirements of this chapter.

5.  Initiate investigations and determine on its own motion if a licensee has engaged in unprofessional conduct or is or may be incompetent or mentally or physically unable to safely perform health care tasks.

6.  Establish fees and penalties pursuant to section 32-2526.

7.  Develop and recommend standards governing the profession.

8.  Engage in the full exchange of information with the licensing and disciplinary boards and professional associations of other states and jurisdictions of the United States and foreign countries and a statewide association for physician assistants.

9.  Direct the preparation and circulation of educational material the board determines is helpful and proper for its licensees.

10.  Approve notification of supervision including the selection of supervising physicians and supervising agents.

11.  Discipline and rehabilitate physician assistants pursuant to this chapter.

12.  Certify physician assistants for fourteen day prescription privileges for schedule II or schedule III controlled substances if the physician assistant:

(a)  Within the preceding three years of application completed forty‑five hours in pharmacology or clinical management of drug therapy or if at the time of APPLICATION is certified by a national commission on the certification of physician assistants or its successor.

(b)  Met any other requirement established by board rule.

B.  The board may make and adopt rules which are necessary or proper for the administration of this chapter.

C.  The chairperson may establish subcommittees consisting of board members and define their duties as the chairperson deems necessary to carry out the functions of the board.

D.  Board employees, including the executive director, temporary personnel and professional medical investigators, are immune from civil liability for good faith actions  they take to enforce this chapter.

E.  In performing its duties pursuant to subsection A of this section, the board may receive and review staff reports on complaints, malpractice cases and all investigations. END_STATUTE

Sec. 10.  Section 32-2505, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2505.  Personnel; consultants; compensation

A.  The executive director employed by the board of medical examiners shall be is the executive director of the Arizona regulatory board of physician assistants.  The staff of the board of medical examiners shall carry out the administrative responsibilities of the Arizona regulatory board of physician assistants.

B.  The board may employ special medical consultants or other agents to make investigations, gather information and perform other duties the board deems necessary or appropriate for the effective enforcement or administration of this chapter.  Compensation for special consultants or agents employed pursuant to this subsection shall not exceed one hundred dollars per day.

B.  The executive director is eligible to receive compensation set by the board within the range determined under section 38-611.

C.  The executive director or the executive director's designee shall:

1.  Employ, evaluate, dismiss, discipline and direct professional, clerical, technical, investigative and administrative personnel necessary to carry on the work of the board.

2.  Set compensation for board employees within the range determined under section 38-611.

3.  As directed by the board, prepare and submit recommendations for amendments to the physician assistant practice act for consideration by the legislature.

4.  Appoint and employ medical consultants and agents necessary to conduct investigations, gather information and perform those duties the executive director determines are necessary and appropriate to enforce this chapter.

5.  Issue licenses, registrations and permits to applicants who meet the requirements of this chapter.

6.  Manage the board's offices.

7.  Prepare minutes, records, reports, registries, directories, books and newsletters and record all board transactions and orders.

8.  Collect all monies due and payable to the board.

9.  Pay all bills for authorized expenditures of the board and its staff.

10.  Prepare an annual budget.

11.  Submit a copy of the budget each year to the governor, the speaker of the house of representatives and the president of the senate.

12.  Initiate an investigation if evidence appears to demonstrate that a physician assistant may be engaged in unprofessional conduct or may be medically incompetent or mentally or physically unable to safely practice as a physician assistant.

13.  Issue subpoenas if necessary to compel the attendance and testimony of witnesses and the production of books, records, documents and other evidence.

14.  Provide assistance to the attorney general in preparing and sign and execute disciplinary orders, rehabilitative orders and notices of hearings as directed by the board.

15.  Enter into contracts to procure goods and services pursuant to title 41, chapter 23 that are necessary to carry out board policies and directives.

16.  Execute board directives.

17.  Represent the board in matters with the federal government, other states or jurisdictions of the United States, this state, political subdivisions of this state, the news media and the public.

18.  Enter into stipulated agreements on behalf of the board with persons under the jurisdiction of the board for the treatment, rehabilitation or monitoring of chemical substance abuse or misuse.

19.  Review all complaints filed pursuant to section 32-2551.† If delegated by the board, the executive director may also dismiss a complaint if the complaint is without merit.

20.  If delegated by the board, directly refer cases to a formal hearing.

21.  If delegated by the board, close cases resolved through mediation.

22.  If delegated by the board, issue advisory letters.

23.  If delegated by the board, enter into a consent agreement if there is evidence of danger to the public health and safety.

24.  If delegated by the board, grant uncontested requests for inactive status and cancellation of a license pursuant to this chapter.

25.  If delegated by the board, refer cases to the board for a formal interview.

26.  Perform all other administrative, licensing or regulatory duties required by the board.

D.  Medical consultants and agents appointed pursuant to subsection C, paragraph 4 of this section are eligible to receive compensation determined by the executive director in an amount not to exceed two hundred dollars for each day of service.

E.  A person who is aggrieved by an action taken by the executive director may request the board to review that action by filing with the board a written request within thirty days after that person is notified of the executive directorís action by personal delivery or certified mail to that personís last known residence or place of business.† At the next regular board meeting, the board shall review the executive directorís action.† On review, the board shall approve, modify or reject the executive directorís action.END_STATUTE

Sec. 11.  Title 32, chapter 25, article 1, Arizona Revised Statutes, is amended by adding section 32-2507, to read:

START_STATUTE32-2507.  Licensee profiles; civil penalty

A.  The board shall make available to the public a profile of each licensee.† The board shall make this information available through an internet web site and, if requested, in writing.† The profile shall contain the following information:

1.  A description of any criminal conviction within the last five years.  For purposes of this paragraph, a licensee is deemed to be convicted of a crime if the licensee pled guilty or was found guilty by a court of competent jurisdiction.

2.  A description of any charges within the last five years to which the licensee pled no contest.

3.  The number of pending complaints and final board disciplinary and nondisciplinary actions, including dismissals, within the last five years. Information concerning pending complaints shall contain the following statement:

Pending complaints represent unproven allegations. On investigation, many complaints are found to be without merit and are dismissed.

4.  All medical malpractice court judgments and all medical malpractice awards or settlements in which a payment is made to a complaining party within the last five years.† Information concerning malpractice actions shall contain the following statement:

The settlement of a medical malpractice action may occur for a variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the physician assistant.† A payment in settlement of a medical malpractice action does not create a presumption that medical malpractice occurred.

5.  The name and location of the licensee's training and the date of graduation.

6.  The licensee's primary practice location.

B.  Each licensee shall submit the information required pursuant to subsection A each year as directed by the board.† An applicant for licensure shall submit this information at the time of application.† The applicant and licensee shall submit the information on a form prescribed by the board.† A licensee shall submit immediately any changes in information required pursuant to subsection A, paragraphs 1, 2 and 4.† The board shall update immediately its internet web site to reflect changes in information relating to subsection A, paragraphs 1 through 4.† The board shall update the internet web site information at least annually.

C.  The board shall provide each licensee with a copy of the licensee's profile and give the licensee reasonable time to correct the profile before it is available to the public.

D.  It is an act of unprofessional conduct for a licensee to provide erroneous information pursuant to this section.† In addition to other disciplinary action, the board may impose a civil penalty of not more than one thousand dollars for each erroneous statement. END_STATUTE

Sec. 12.  Section 32-2521, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2521.  Qualifications

A.  An applicant for licensure shall:

1.  Have attended and completed a course of training for physician assistants approved by the board.

2.  Pass a certifying examination approved by the board.

3.  Be physically and mentally able to safely perform health care tasks as a physician assistant.

4.  Have a professional record that indicates that the applicant has not committed any act or engaged in any conduct that constitutes grounds for disciplinary action against a licensee pursuant to this chapter.

5.  Not have had a physician assistant certification or license refused, suspended, revoked or restricted by any other state or country for reasons that relate to the applicant's ability to safely perform health care tasks as a physician assistant.

5.  Not have had a license to practice revoked by a regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction that constitutes unprofessional conduct pursuant to this chapter.

6.  Not be currently under investigation, suspension or restriction by a regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction that constitutes unprofessional conduct pursuant to this chapter.† If the applicant is under investigation by a regulatory board in another jurisdiction, the board shall suspend the application process and may not issue or deny a license to the applicant until the investigation is resolved.

7.  Not have surrendered, relinquished or given up a license in lieu of disciplinary action by a regulatory board in another jurisdiction in the United States for an act that occurred in that jurisdiction that constitutes unprofessional conduct pursuant to this chapter.

B.  The board may:

1.  Require an applicant to submit written or oral proof of credentials.

2.  Make such investigations as it deems necessary to advise itself with respect to the qualifications of the applicant including physical examinations, mental evaluations, written competency examinations or any combination of such examinations and evaluations.

3.  Grant an exemption from the licensure requirements of this section to:

(a)  A student enrolled in a physician assistant education program approved by the board in order for that student to work within that program. The student shall register with the board on a form prescribed by the board.

(b)  A physician assistant who is an employee of the United States government and who works on land or in facilities owned or operated by the United States government or a physician assistant who is a member of the reserve components of the United States and on official orders or performing official duties as outlined in the appropriate regulation of that branch.

C.  If the board finds that the applicant committed an act or engaged in conduct that would constitute grounds for disciplinary action in this state, before issuing a license the board must determine to its satisfaction that the act or conduct has been corrected, monitored and resolved.† If the act or conduct has not been resolved, before issuing a license the board must determine to its satisfaction that mitigating circumstances exist that prevent its resolution.

D.  If another jurisdiction has taken disciplinary action against an applicant, before issuing a license the board must determine to its satisfaction that the cause for the action was corrected and the matter was resolved.† If the other jurisdiction has not resolved the matter, before issuing a license the board must determine to its satisfaction that mitigating circumstances exist that prevent its resolution.

E.  The board may delegate to the executive director the authority to deny licenses to applicants who do not meet the requirements of this section. END_STATUTE

Sec. 13.  Section 32-2522, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2522.  Applications; interview; withdrawal

A.  Each applicant shall file a verified completed application in the form required and supplied by the board that is accompanied by the prescribed application fee.

B.  The application shall be designed to require the submission of evidence, credentials and other proof necessary to satisfy the board that the applicant qualifies for licensure.

C.  The application shall contain the oath of the applicant that:

1.  All information contained in the application and evidence submitted with it are true and correct.

2.  The credentials submitted were not procured by fraud or misrepresentation or any mistake of which the applicant is aware.

3.  The applicant is the lawful holder of the credentials.

D.  All applications submitted to the board and any attendant evidence, credentials or other proof submitted with an application are the property of the board and part of the permanent record of the board and shall not be returned to an applicant.

E.  The board shall promptly notify an applicant, in writing, of the deficiencies, if any, in the application that prevent it from being a completed application.

F.  The board or its representatives may interview an applicant to determine whether the application is sufficient.

G.  Applications are considered withdrawn on any of the following conditions:

1.  Written request of the applicant.

2.  Failure of the applicant to appear for an interview with the board unless good cause is shown.

3.  Failure to submit a completed application within one year from the date of the mailing by the board of a statement to the applicant of the deficiencies in the application pursuant to subsection E of this section.

H.  On request of an applicant who disagrees with the statement of deficiency, the board shall grant a hearing before the board at its next regular meeting if there is time at that meeting to hear the matter.† The board shall not delay this hearing beyond one regularly scheduled meeting. At any hearing granted pursuant to this subsection, the burden of proof is on the applicant to demonstrate that the alleged deficiencies do not exist.

I.  The board may deny a license to an applicant who does not meet the requirements of this article.

j.  If an applicant does not meet the requirements of section 32-2521, subsection A, paragraph 3, the board may issue a license subject to any of the following probationary conditions:

1.  Restrict the licensee's practice.

2.  Require the licensee to continue medical or psychiatric treatment.

3.  Require the licensee to participate in a specified rehabilitation program.

4.  Require the licensee to abstain from alcohol and other drugs.

k.  If the board offers a probationary license to an applicant pursuant to subsection J of this section, it shall notify the applicant in writing of the following:

1.  The applicant's specific deficiencies.

2.  The probationary period.

3.  The applicant's right to reject the terms of probation.

4.  If the applicant rejects the terms of probation, the applicant's right to a hearing on the board's denial of the application. END_STATUTE

Sec. 14.  Section 32-2528, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2528.  Inactive license; application; prohibited activities

A.  A person who holds a regular license pursuant to this chapter may request an inactive license from the board. †if both of the following are true:

1.  The licensee is not under investigation by the board.

2.  The board has not begun disciplinary proceedings against the licensee.

B.  The board shall may grant an inactive license and shall waive the annual renewal fee and requirements for continuing medical education if the person certifies total retirement from the performance of health care tasks in this state, any jurisdiction of the United States and any foreign country and is current on all fees required by this chapter.

C.  An inactive licensee shall not perform health care tasks or continue to hold or maintain a drug enforcement administration controlled substance registration license.  A licensee who performs health care tasks while holding an inactive license violates this chapter by performing health care tasks without a license.

D.  The board may accept a request for inactive status of an active regular license of a physician assistant who has been charged with a violation of this chapter or rules adopted pursuant to this chapter if the physician assistant admits the charges and stipulates this admission for the record.

E.  The board may convert an inactive license to a regular license on payment of the annual renewal fee and presentation of evidence to the board that the holder possesses the medical knowledge and the physical and mental ability to safely engage in the performance of health care tasks.  The board may require any combination of physical examination, psychiatric or psychological evaluation, oral competency examination or a board qualified written examination or interview it believes necessary to assist it in determining the ability of a physician assistant who holds an inactive license to return to regular licensure. END_STATUTE

Sec. 15.  Section 32-2532, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2532.  Prescribing, administering and dispensing drugs; limits and requirements; notice

A.  Except as provided in subsection F of this section, a physician assistant shall not prescribe, dispense or administer:

1.  A schedule II or schedule III controlled substance as defined in the federal controlled substances act of 1970 (P.L. 91-513; 84 Stat. 1242; 21 United States Code section 801 802) without delegation by the supervising physician, board approval and drug enforcement administration registration.

2.  A schedule IV or schedule V controlled substance as defined in the federal controlled substances act of 1970 without drug enforcement administration registration and delegation by the supervising physician.

3.  Prescription-only medication without delegation by the supervising physician.

B.  All prescription orders issued by a physician assistant shall contain the name, address and telephone number of the supervising physician.  A physician assistant shall issue prescription orders for controlled substances under the physician assistant's own drug enforcement administration registration number.

C.  Unless certified for fourteen day prescription privileges pursuant to section 32-2504, subsection A, a physician assistant shall not prescribe a schedule II or schedule III controlled substance for a period exceeding seventy-two hours or a schedule IV or V controlled substance for a period exceeding thirty-four days.† For each schedule IV or schedule V controlled substance, A physician assistant may not prescribe the controlled substance more than five times in a six month period for each patient.

D.  A prescription for a schedule II or III controlled substances substance is not refillable without the written consent of the supervising physician.

E.  Prescription-only drugs shall not be dispensed, prescribed or refillable for a period exceeding one year.

F.  Except in an emergency, a physician assistant may dispense schedule II or schedule III controlled substances for a period of use of not to exceed seventy-two hours with board approval or any other controlled substance for a period of use of not to exceed thirty-four days and may administer controlled substances without board approval if it is medically indicated in an emergency dealing with potential loss of life or limb or major acute traumatic pain.

G.  Except for samples provided by manufacturers, all drugs dispensed by a physician assistant shall be:

1.  Prepackaged in a unit-of-use package by the supervising physician or a pharmacist acting on a written order of the supervising physician.

2.  Labeled to show the name of the supervising physician and physician assistant.

H.  A physician assistant shall not obtain a drug from any source other than the supervising physician or a pharmacist acting on a written order of the supervising physician.  A physician assistant may receive manufacturers' samples if allowed to do so by the supervising physician.

I.  If a physician assistant is approved by the board to prescribe, administer or dispense schedule II and schedule III controlled substances, the physician assistant shall maintain an up-to-date and complete log of all schedule II and schedule III controlled substances he administers or dispenses.

J.  The board shall advise the state board of pharmacy and the federal United States drug enforcement administration of all physician assistants who are authorized to prescribe or dispense drugs and any modification of their authority.

K.  The state board of pharmacy shall notify all pharmacies at least quarterly of physician assistants who are authorized to prescribe or dispense drugs. END_STATUTE

Sec. 16.  Section 32-2533, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2533.  Supervising physician; supervising physician's agent; responsibilities

A.  The supervising physician is responsible for all aspects of the performance of a physician assistant, whether or not the supervising physician actually pays the physician assistant a salary.  The supervising physician is responsible for supervising the physician assistant and ensuring that the health care tasks performed by a physician assistant are within the physician assistant's scope of training and experience and have been properly delegated by the supervising physician.

B.  A supervising physician shall not supervise more than two physician assistants who work the same hours at the same employment location.

C.  A supervising physician may designate a supervising physician's agent to provide consultation and supervise a physician assistant when the supervising physician is not immediately available.  The supervising physician remains responsible for the acts of a physician assistant when he the physician assistant is supervised by a supervising physician's agent.

D.  A supervising physician shall develop a system for recordation and review of all instances in which the physician assistant prescribes fourteen day prescriptions of schedule II or schedule III controlled substances.† The board shall approve this system.

D.  E.  In order to act as a supervising physician or a supervising physician's agent, a physician shall:

1.  Complete an application as prescribed by the board.

2.  Hold a license pursuant to chapter 13 or 17 of this title and not hold a license under probation, restriction or suspension unrelated to rehabilitation.

3.  Submit a statement that the supervising physician or supervising physician's agent is familiar with the statutes and rules regarding the  performance of health care tasks of physician assistants and accepts responsibility for supervising the physician assistant.

E.  F.  A physician who violates the provisions of this chapter shall not serve as a supervising physician or supervising physician's agent.

F.  G.  The supervising physician's agent is responsible for the acts of a physician assistant in the absence of the supervising physician if the board approves.  The board considers the supervising physician's agent's signature on a physician assistant's current notification of supervision to be acknowledgement by the supervising physician's agent that he the agent understands and is familiar with the physician assistant's approved health care tasks.

G.  H.  A supervising physician or supervising physician's agent shall not delegate to the physician assistant any health care task that the supervising physician or supervising physician's agent does not have training or experience in and does not perform. END_STATUTE

Sec. 17.  Section 32-2534, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2534.  Employment of physician assistant; application

A.  A physician assistant shall not perform health care tasks until the supervising physician receives approval of the notification of supervision from the board.

B.  A supervising physician shall file a notification of supervision in the form required and supplied by the board which that is accompanied by the prescribed application fee.  The notification shall include the following:

1.  The supervising physician's field and type of practice, license number, address and telephone number.

2.  Locations of the physician assistant's employment, including health care institutions.

3.  The identity of all intended supervising physician's agents and their professional relationship to the supervising physician.

4.  Guidelines the supervising physician or supervising physician's agents will follow to ensure timely supervision of the physician assistant's approved health care tasks.

5.  A statement to the board indicating whether the physician has been approved by the board for supervision pursuant to section 32-2533.

6.  A statement signed by the supervising physician, the supervising physician's agent and the physician assistant that indicates that they have read, are familiar with and shall abide by this chapter and rules adopted under this chapter.

C.  The board shall promptly review each notification of supervision submitted for approval by a supervising physician.

D.  If the notification of supervision includes a request for authority to prescribe, administer or dispense schedule II or schedule III controlled substances, the board shall review and may approve, modify or deny the request based on the following criteria:

1.  The physician assistant's previous training and experience.

2.  The physician assistant's previous performance.

3.  The employment situation.

4.  The availability of the supervising physician and supervising physician's agents.

5.  A complete list of the United States drug enforcement agency's administration's schedule of drugs that the supervising physician has delegated to the physician assistant for dispensing.

6.  The certification of the physician assistant pursuant to section 32-2504, subsection A, paragraph 12 if the supervising physician intends to delegate fourteen day prescription privileges of schedule II or schedule III controlled substances.

E.  If there are any deficiencies in the notification of supervision which that prevent it from being complete, the board, promptly and in writing, shall notify the supervising physician of the deficiencies.

F.  If the notification of supervision satisfies the requirements in subsection B of this section, the board may approve, modify or deny the supervision of a physician assistant by the supervising physician.

G.  The board may approve the transfer of supervision of a physician assistant from one supervising physician to another supervising physician if the board approves that physician pursuant to section 32-2533.  If the request for transfer is made before a physician assistant begins employment, the new supervising physician shall comply with subsection B of this section. If the request is for a transfer of employment of a physician assistant from a supervising physician to a supervising physician's agent and there is no change in the physician assistant's notification of supervision, the supervising physician's agent shall sign the physician assistant's current notification of supervision and pay the prescribed transfer fee.  The transfer from a supervising physician to a supervising physician's agent is subject to board approval.

H.  Within thirty days after an employer terminates the  employment of a physician assistant, the supervising physician and the physician assistant shall submit a written report to the board that provides the date of termination and the reasons for the termination.  The physician assistant shall not work as a physician assistant until the board approves another supervising physician. END_STATUTE

Sec. 18.  Section 32-2551, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2551.  Grounds for disciplinary action; duty to report; immunity; proceedings; board action; notice; civil penalty

A.  The board on its own motion may investigate any evidence which that appears to show that a physician assistant is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable to carry out approved health care tasks.† Any physician, physician assistant or health care institution as defined in section 36-401 shall, and any other person may, report to the board any information the physician, physician assistant, health care institution or other person has which that appears to show that a physician assistant is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable to carry out approved health care tasks.† The board or the executive director shall notify the physician assistant and the approved supervising physician of the content of the reported information in writing within one hundred twenty days of its receipt of the information.† Any physician, physician assistant, health care institution or other person that reports or provides information to the board in good faith is not subject to an action for civil damages as a result of reporting or providing information, and, if requested, the name of the reporter shall not be disclosed unless the information is essential to proceedings conducted pursuant to this section.

B.  The board, or if delegated by the board the executive director, may require a mental, physical or medical competency examination or any combination of those examinations or may make investigations including investigational interviews between representatives of the board and the physician assistant and the supervising physician as it deems necessary to fully inform itself with respect to any information reported pursuant to subsection A of this section.† The board, or if delegated by the board the executive director, may require the physician assistant, at the physician assistant's expense, to undergo assessment by a board approved rehabilitative, retraining or assessment program.

C.  If the board finds, based on the information it receives under subsections A and B of this section, that the public safety 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 an order of summary suspension is issued the board acts pursuant to this subsection, the physician assistant shall also be served with a written notice of complaint and formal hearing, setting forth the charges, and is entitled to a formal hearing before the board or an administrative law judge on the charges within sixty days pursuant to title 41, chapter 6, article 10.

D.  If, after completing its investigation, the board finds that the information provided pursuant to subsection A of this section is not of sufficient seriousness to merit direct disciplinary action against the physician assistant's license, it may take the following actions:

1.  Dismiss if, in the opinion of the board, the information complaint is without merit.

2.  File a an advisory letter of concern.† The licensee may file a written response with the board within thirty days after receiving the advisory letter.

3.  Enter into an agreement with the physician assistant to limit the physician assistant's practice or professional activities if the physician assistant is mentally or physically unable to safely engage in all aspects of the physician assistant's profession.

E.  If the board finds that it can take rehabilitative or disciplinary action without the presence of the physician assistant at a formal interview it may enter into a consent agreement with the physician assistant to limit or restrict the physician assistant's practice or to rehabilitate the physician assistant, protect the public and ensure the physician assistant's ability to safely practice.† The board may also require the physician assistant to successfully complete a board approved rehabilitative, retraining or assessment program.

F.  The board shall not disclose the name of the person who provided the information regarding a licensee's drug or alcohol impairment or the name of the person who files a complaint if that person requests anonymity.

E.  G.  If, after completing its investigation, the board holds the opinion believes that the information is or may be true and that the information may be of sufficient seriousness to merit direct action against the physician assistant's license, it may request an informal a formal interview with the physician assistant and the supervising physician.† The board shall notify the physician assistant in writing of the time, date and place of the informal formal interview at least twenty days before the interview.† The notice shall include the right to be represented by counsel and shall fully set forth the conduct or matters to be discussed.

H.  At least ten business days before the formal interview conducted pursuant to this section, the board shall notify the physician assistant and, at the physician assistant's request, the board shall provide the physician assistant with the information listed in this subsection.† The physician assistant and the physician assistantís attorney may not release any information obtained under this section to any other person.† The board shall provide the following information to the physician assistant or the physician assistantís attorney:

1.  Any review conducted by an expert or consultant providing an evaluation of or opinion on the allegations.

2.  Any records on the patient obtained by the board from other health care providers.

3.  The results of any evaluations or tests of the physician assistant conducted at the boardís direction.

4.  Any other factual information that the board will use in making its determination.

F.  I.  After an informal the formal interview, the board may take the following actions:

1.  Dismiss if, in the opinion of the board, the information is without merit.

2.  File an advisory letter of concern.† The licensee may file a written response with the board within thirty days after receiving the advisory letter.

3.  File a letter of reprimand.

3.  4.  Issue a decree of censure, which constitutes an official action against the physician assistant's license.† A decree of censure is a disciplinary action against the physician assistant's license and may include a requirement for restitution of fees to a patient resulting from violations of this chapter or rules adopted under this chapter.

4.  5.  Enter into a stipulation with the physician assistant to restrict or limit the physician assistant's practice or medical activities in order to rehabilitate, retrain or assess the physician assistant, protect the public and ensure the physician assistant's ability to safely perform health care tasks.

5.  6.  Fix a period and terms of probation best adapted to protect the public health and safety and rehabilitate or educate the physician assistant. Failure to comply with any terms of probation is cause for initiating formal proceedings pursuant to title 41, chapter 6, article 10.† Probation may include:

(a)  Restrictions on the health care tasks the physician assistant may perform.† or

(b)  Temporary suspension for not to exceed twelve months.

(c)  Restitution of patient fees.

(d)  Education or rehabilitation at the licensee's own expense.  Failure to comply with any terms of probation is cause for initiating formal proceedings pursuant to title 41, chapter 6, article 10.

G.  J.  If the board finds that the information provided pursuant to subsection A of this section warrants suspension or revocation of a physician assistant's license, it shall immediately initiate formal proceedings for the suspension or revocation of the license as provided in title 41, chapter 6, article 10.† The notice of complaint and hearing is fully effective by mailing a true copy of the notice of complaint and hearing by certified mail addressed to the physician assistant's last known address of record in the board's files.† The notice of complaint and hearing is complete at the time of its deposit in the mail.†

H.  K.  A physician assistant who after a formal hearing pursuant to title 41, chapter 6, article 10 is found to be medically incompetent, guilty of unprofessional conduct or mentally or physically unable to safely carry out the physician assistant's approved health care tasks, or any combination thereof of these, is subject to censure, probation, suspension or revocation, or any combination of these, for a period of time or permanently and under conditions the board deems appropriate for the protection of the public health and safety.

L.  In a formal interview pursuant to subsection G of this section or in a hearing pursuant to subsection j of this section, the board in addition to any other action may impose a civil penalty in the amount of not less than three hundred dollars nor more than ten thousand dollars for each violation of this chapter or a rule adopted under this chapter.

I.  M.  A An advisory letter of concern is a public document and may be used in future disciplinary actions against a physician assistant.

J.  N.  The board may charge the costs of a formal hearing to the licensee if it finds the licensee in violation of this chapter.

K.  O.  If the joint board on the regulation of physician assistants acts to modify a physician assistant's prescription writing privileges, the joint board on the regulation of physician assistants shall immediately notify the Arizona state board of pharmacy and the United States drug enforcement administration of this modification.

L.  P.  If during the course of an investigation the board determines that a criminal violation may have occurred involving the performance of health care tasks, it shall provide evidence of the violation to the appropriate criminal justice agency.

Q.  The board may accept the surrender of an active license from a person who admits in writing to any of the following:

1.  Being unable to safely engage in the practice of medicine.

2.  Having committed an act of unprofessional conduct.

3.  Having violated this chapter or a board rule.

R.  In determining the appropriate disciplinary action under this section, the board shall consider all previous nondisciplinary and disciplinary actions against a licensee. END_STATUTE

Sec. 19.  Section 32-2552, Arizona Revised Statutes, is amended to read:

START_STATUTE32-2552.  Right to examine and copy evidence; subpoena authority; right to counsel; confidentiality of records

A.  In connection with an investigation conducted by the board on its own motion or as the result of information received pursuant to section 32‑2551, subsection A, the board or its duly authorized agent or employee at all reasonable times shall have access to, for the purpose of examination, and the right to copy any documents, reports, records or other physical evidence of any person being investigated or the reports, the records and any other documents maintained by and in the possession of any hospital, clinic, physician's office, physician assistant's office, laboratory, pharmacy, health care institution as defined in section 36-401 or other public or private agency if the documents, reports, records or evidence relate to a physician assistant's medical competence, unprofessional conduct or mental or physical ability to safely engage in the physician assistant's approved health care tasks.

B.  For the purpose of all investigations and proceedings conducted by the board:

1.  On its own motion or on application of a person involved in an investigation, the board may issue subpoenas compelling the attendance and testimony of witnesses or demanding the production of documents or any other physical evidence for examination or copying if the evidence relates to the medical incompetence, unprofessional conduct or mental or physical ability of a physician assistant to safely perform health care tasks.  Within five days after service of a subpoena requiring the production of evidence in the person's possession or under the person's control, the person may petition the board to revoke, limit or modify the subpoena.  The board shall do so if it believes that the evidence required does not relate to violations of this chapter, is not relevant to the subject matter of the hearing or investigation or does not describe with sufficient particularity the physical evidence requested.

2.  A person appearing before the board may be represented by counsel.

3.  A board member or agent designated by the board may administer oaths or affirmations, examine witnesses and receive evidence.

4.  On application by the board or by the person subpoenaed, the superior court has jurisdiction to issue an order to do either of the following:

(a)  Require a person to appear before the board or its authorized agent to produce evidence relating to the investigation.

(b)  Revoke, limit or modify a subpoena if the court determines that the evidence does not relate to a violation of this chapter, is not relevant to the hearing or investigation or does not describe with sufficient particularity the physical evidence requested.  

C.  The following items are not available to the public:

1.  Patient records, including clinical records, medical reports and laboratory statements and reports.

2.  Files, films, reports or oral statements relating to diagnostic findings or treatment of patients.

3.  Any information from which a patient or the patient's family might be identified.

4.  Information received and records kept by the board in its investigations.

D.  This section and any other provision of law that makes communications between a physician or a physician assistant and the physician assistant's patient a privileged communication does not apply to investigations or proceedings conducted pursuant to this chapter.  The board and its employees, agents and representatives shall keep in confidence the names of any patients whose records are reviewed during the course of investigations and proceedings pursuant to this chapter.

E.  Hospital records, medical staff records, medical staff review committee records, testimony concerning those records and proceedings related to the creation of those records are not available to the public, shall be kept confidential by the board and are subject to the same provisions of law concerning discovery and use in legal actions as are the original records in the possession and control of hospitals, medical staffs and medical staff review committees.

F.  At the physician assistant's request, the board shall provide to the physician assistant and the physician assistantís attorney the information listed in section 32-2551.† A person who obtains information from the board pursuant to this subsection shall not release it to any other person or entity or use it in any proceeding or action except the formal interview and any administrative proceeding or appeals related to the formal interview.† The board may charge the physician assistant or the physician assistant's attorney for copying the information listed in section 32-2551. END_STATUTE

Sec. 20.  Title 32, chapter 25, article 4, Arizona Revised Statutes, is amended by adding sections 32-2557 and 32-2558, to read:

START_STATUTE32-2557.  Disciplinary action; reciprocity

A.  The board shall initiate an investigation pursuant to section 32‑2551 if a professional regulatory board in another jurisdiction in the United States has taken disciplinary action against a licensee for an act that occurred in that jurisdiction that constitutes unprofessional conduct pursuant to this chapter.

B.  The board shall order the summary suspension of a license pending proceedings for revocation or other action if a professional regulatory board in another jurisdiction in the United States has taken the same action because of its belief that the public health, safety or welfare imperatively required emergency action. END_STATUTE

START_STATUTE32-2558.  Reinstatement of revoked license

A.  On written application the board may issue a new license to a physician assistant whose license was previously revoked by the board if the applicant demonstrates to the boardís satisfaction that the applicant is completely rehabilitated with respect to the conduct that was the basis for the revocation.† In making its decision the board shall determine:

1.  That the applicant has not engaged in any conduct during the revocation period that would have constituted a basis for revocation pursuant to section 32-2551.

2.  If a criminal conviction was a basis of the revocation, that the applicantís civil rights have been fully restored pursuant to statute or any other applicable recognized judicial or gubernatorial order.

3.  That the applicant has made restitution to any aggrieved person as ordered by a court of competent jurisdiction.

4.  That the applicant demonstrates any other standard of rehabilitation the board determines is appropriate.

B.  Except as provided in subsection C of this section, a person shall not submit an application for reinstatement less than two years after the date of revocation.

C.  The board shall vacate its previous order to revoke a license if that revocation was based on a conviction of a felony or an offense involving moral turpitude and that conviction has been reversed on appeal.† The physician assistant may submit an application for reinstatement as soon as the court enters the reversal.

D.  An applicant for reinstatement shall comply with all initial licensing requirements prescribed by this chapter.END_STATUTE

Sec. 21.  Section 41-1092, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1092.  Definitions

In this article, unless the context otherwise requires:

1.  "Administrative law judge" means an individual or an agency head, board or commission that sits as an administrative law judge, that conducts administrative hearings in a contested case or an appealable agency action and that makes decisions regarding the contested case or appealable agency action.

2.  "Administrative law judge decision" means the findings of fact, conclusions of law and recommendations or decisions issued by an administrative law judge.

3.  "Appealable agency action" means an action that determines the legal rights, duties or privileges of a party and that is not preceded by an opportunity for an administrative hearing.† Appealable agency actions do not include interim orders by self-supporting regulatory boards or rules, orders, standards or statements of policy of general application issued by an administrative agency to implement, interpret or make specific the legislation enforced or administered by it, nor does it mean or include rules concerning the internal management of the agency that do not affect private rights or interests.† For the purposes of this paragraph "administrative hearing" does not include a public hearing held for the purpose of receiving public comment on a proposed agency action.

4.  "Director" means the director of the office of administrative hearings.

5.  "Final administrative decision" means a decision by an agency that is subject to judicial review pursuant to title 12, chapter 7, article 6.

6.  "Office" means the office of administrative hearings.

7.  "Self-supporting regulatory board" means any one of the following:

(a)  The state board of accountancy.

(b)  The state board of appraisal.

(c)  The board of barbers.

(d)  The board of behavioral health examiners.

(e)  The Arizona state boxing commission.

(f)  The state board of chiropractic examiners.

(g)  The board of cosmetology.

(h)  The state board of dental examiners.

(i)  The state board of funeral directors and embalmers.

(j)  The Arizona game and fish commission.

(k)  The board of homeopathic medical examiners.

(l)  The allopathic board of medical examiners.

(m)  The naturopathic physicians board of medical examiners.

(n)  The state board of nursing.

(o)  The board of examiners of nursing care institution administrators and adult care home managers.

(p)  The board of occupational therapy examiners.

(q)  The state board of dispensing opticians.

(r)  The state board of optometry.

(s)  The Arizona board of osteopathic examiners in medicine and surgery.

(t)  The Arizona peace officer standards and training board.

(u)  The Arizona state board of pharmacy.

(v)  The board of physical therapy examiners.

(w)  The state board of podiatry examiners.

(x)  The state board for private postsecondary education.

(y)  The state board of psychologist examiners.

(z)  The board of respiratory care examiners.

(aa)  The structural pest control commission.

(bb)  The state board of technical registration.

(cc)  The Arizona state veterinary medical examining board.

(dd)  The acupuncture board of examiners.

(ee)  The regulatory board of physician assistants.

(ff)  The board of athletic training. END_STATUTE

Sec. 22.  Section 41-3008.12, Arizona Revised Statutes, is amended to read:

START_STATUTE41-3008.12.  Arizona regulatory board of physician assistants; termination July 1, 2008

A.  The joint Arizona regulatory board on the regulation of physician assistants terminates on July 1, 2008.

B.  Title 32, chapter 25 is repealed on January 1, 2009.END_STATUTE


 

 

 

 

 

 

APPROVED BY THE GOVERNOR MAY 21, 2002.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 22, 2002.