††††††††††† Bill Number: H.B. 2502

††††††††††† Biggs Floor Amendment

††††††††††† Reference to: House engrossed bill

††††††††††† Amendment drafted by: Leg Council

 

 

FLOOR AMENDMENT EXPLANATION

 

         Requires subpoenas issued under the Compact for the attendance and testimony of witnesses or the production of evidence be enforced by any court of competent jurisdiction in this state according to that courtís practice and procedure in considering subpoenas issued in the courtís own proceedings.

 

         Prohibits an employer from requiring a physician to seek licensure under the Compact as a condition of initial or continued employment.

 

         Outlines requirements of closed meetings and website postings of the Interstate Commission.

 

         Prohibits the Arizona Medical Board (MD Board) and the Arizona Board of Osteopathic Examiners in Medicine and Surgery (DO Board) from spending fees received from non-Compact physicians or applicants on any activities required by the Compact.

 

         Requires the MD and DO Boards to create a proposal for the expedited licensure of a physician who is licensed in at least one other state and who meets certain requirements and who is not seeking expedited licensure under the Compact.

 

         Allows the MD and DO Boards, beginning July 1, 2017, to issue a temporary license to a physician who meets outlined requirements, and appropriates $50,000 and 3 FTEs from the Medical Board Fund to the MD Board for the purpose of licensure.

 

         Allows the MD to accept and expend grants, gifts, devises and other contributions from any public or private source.

 

         Prohibits the MD and DO Boards from requiring an applicant for licensure to hold or maintain a specialty certification as a condition of licensure.

 

         Exempts the MD and DO Boards from rulemaking requirements for one year.


-Corrected-

Fifty-second Legislature††††††††††††††††††††††††††††††††††††††††††††††††††† Biggs

Second Regular Session††††††††††††††††††††††††††††††††††††††††††††††††† H.B. 2502

 

BIGGS FLOOR AMENDMENT

SENATE AMENDMENTS TO H.B. 2502

(Reference to House engrossed bill)

 

 


Page 1, between lines 1 and 2, insert:

Section 1.  Section 32-1403, Arizona Revised Statutes, is amended to read:

START_STATUTE32-1403.  Powers and duties of the board; compensation; immunity; committee on executive director selection and retention

A.  The primary duty of the board is to protect the public from unlawful, incompetent, unqualified, impaired or unprofessional practitioners of allopathic medicine through licensure, regulation and rehabilitation of the profession in this state.  The powers and duties of the board include:

1.  Ordering and evaluating physical, psychological, psychiatric and competency testing of licensed physicians and candidates for licensure as may be determined necessary by the board.

2.  Initiating investigations and determining on its own motion if a doctor of medicine has engaged in unprofessional conduct or provided incompetent medical care or is mentally or physically unable to engage in the practice of medicine.

3.  Developing and recommending standards governing the profession.

4.  Reviewing the credentials and the abilities of applicants whose professional records or physical or mental capabilities may not meet the requirements for licensure or registration as prescribed in article 2 of this chapter in order for the board to make a final determination as to whether the applicant meets the requirements for licensure pursuant to this chapter.

5.  Disciplining and rehabilitating physicians.

6.  Engaging in a full exchange of information with the licensing and disciplinary boards and medical associations of other states and jurisdictions of the United States and foreign countries and the Arizona medical association and its components.

7.  Directing the preparation and circulation of educational material the board determines is helpful and proper for licensees.

8.  Adopting rules regarding the regulation and the qualifications of doctors of medicine.

9.  Establishing fees and penalties as provided pursuant to section 32‑1436.

10.  Delegating to the executive director the board's authority pursuant to section 32‑1405 or 32‑1451.  The board shall adopt substantive policy statements pursuant to section 41‑1091 for each specific licensing and regulatory authority the board delegates to the executive director.  

B.  The board may appoint one of its members to the jurisdiction arbitration panel pursuant to section 32‑2907, subsection B.

C.  There shall be no monetary liability on the part of and no cause of action shall arise against the executive director or such other permanent or temporary personnel or professional medical investigators for any act done or proceeding undertaken or performed in good faith and in furtherance of the purposes of this chapter.

D.  In conducting its investigations pursuant to subsection A, paragraph 2 of this section, the board may receive and review staff reports relating to complaints and malpractice claims.

E.  The board shall establish a program that is reasonable and necessary to educate doctors of medicine regarding the uses and advantages of autologous blood transfusions.

F.  The board may make statistical information on doctors of medicine and applicants for licensure under this article available to academic and research organizations.

G.  The committee on executive director selection and retention is established consisting of the Arizona medical board and the chairperson and vice‑chairperson of the Arizona regulatory board of physician assistants.† The committee is a public body and is subject to the requirements of title 38, chapter 3, article 3.1.  The committee is responsible for the appointment of the executive director pursuant to section 32‑1405.  All members of the committee are voting members of the committee.  The committee shall elect a chairperson and a vice‑chairperson when the committee meets but no more frequently than once a year.  The chairperson shall call meetings of the committee as necessary, and the vice‑chairperson may call meetings of the committee that are necessary if the chairperson is not available.  The presence of eight members of the committee at a meeting constitutes a quorum.  The committee meetings may be held using communication communications equipment that allows all members that who are participating in the meeting to hear each other.  If any discussions occur in an executive session of the committee, notwithstanding the requirement that discussions made at an executive session be kept confidential as specified in section 38‑431.03, the chairperson and vice-chairperson of the Arizona regulatory board of physician assistants may discuss this information with the Arizona regulatory board of physician assistants in executive session.  This disclosure of executive session information to the Arizona regulatory board of physician assistants does not constitute a waiver of confidentiality or any privilege, including the attorney‑client privilege.

H.  The officers of the Arizona medical board and the Arizona regulatory board of physician assistants shall meet twice a year to discuss matters of mutual concern and interest.

I.  The board may accept and expend grants, gifts, devises and other contributions from any public or private source, including the federal government.† Monies received under this subsection do not revert to the state general fund at the end of a fiscal year.

Sec. 2.  Title 32, chapter 13, article 2, Arizona Revised Statutes, is amended by adding sections 32-1438 and 32-1439, to read:

START_STATUTE32-1438.  Temporary licensure; requirements; fee

A.  Beginning July 1, 2017, the board may issue a temporary license, which may not be renewed or extended, to allow a physician who is not a licensee to practice in this state for a total of up to two hundred fifty consecutive days if the physician meets all of the following requirements:

1.  Holds an active and unrestricted license to practice medicine in a state, territory or possession of the United States.

2.  Has never had a license revoked or suspended or surrendered a license for disciplinary reasons.

3.  Is not the subject of an unresolved complaint.

4.  Has applied for a license pursuant to section 32‑1422.

5.  Has paid any applicable fees.

B.  The physician shall submit to the board a notarized affidavit attesting that the physician meets the requirements of subsection A, paragraphs 1, 2 and 3 of this section.† The physician shall notify the board immediately if any circumstance specified in subsection A, paragraphs 1, 2 and 3 of this section changes during the application period for a temporary license or while holding a temporary license, at which time the board may deny or revoke the temporary license.

C.  The board shall approve or deny an application under this section within thirty days after an applicant files a complete application.  The approval of a temporary license pursuant to this section allows the physician to practice in this state without restriction.

D.  If granted, the physician's temporary license expires the earlier of two hundred fifty days after the date the temporary license is granted or on approval or denial of the physician's license application submitted pursuant to section 32‑1422.

E.  For the purpose of meeting the requirements of subsection A of this section, an applicant shall provide the board the name of each state, territory or possession of the United States in which the person is licensed or has held a license and the board shall verify with the applicable regulatory board that the applicant holds an active and unrestricted license to practice medicine, has never had a license revoked or suspended or surrendered a license for disciplinary reasons and is not the subject of an unresolved complaint.† The board may accept the verification of this information from each other regulatory board verbally, which shall be followed by either an electronic or hard copy before the physician's permanent license is granted.† If the board is unable to verify the information within the initial thirty days as required by subsection C of this section, the board may extend the time frame by an additional thirty days to receive the necessary verification.

F.  The board may establish a fee in rule for temporary licensure under this section.END_STATUTE

START_STATUTE32-1439.  Specialty certification; prohibited requirement for licensure; definition

A.  The board may not require an applicant for licensure pursuant to this article to hold or maintain a specialty certification as a condition of licensure in this state.† This subsection does not prohibit the board from considering an applicant's specialty certification as a factor in whether to grant a license to the applicant.

B.  For the purposes of this section, "specialty certification" means certification by a board that specializes in one particular area of medicine and that may require examinations in addition to those required by this state to be licensed to practice medicine.END_STATUTE

Sec. 3.  Title 32, chapter 17, article 2, Arizona Revised Statutes, is amended by adding sections 32-1834 and 32-1835, to read:

START_STATUTE32-1834.  Temporary licensure; requirements; fee

A.  Beginning July 1, 2017, the board may issue a temporary license, which may not be renewed or extended, to allow a physician who is not a licensee to practice in this state for a total of up to two hundred fifty consecutive days if the physician meets all of the following requirements:

1.  Holds an active and unrestricted license to practice medicine in a state, territory or possession of the United States.

2.  Has never had a license revoked or suspended or surrendered a license for disciplinary reasons.

3.  Is not the subject of an unresolved complaint.

4.  Has applied for a license pursuant to section 32‑1822.

5.  Has paid any applicable fees.

B.  The physician shall submit to the board a notarized affidavit attesting that the physician meets the requirements of subsection A, paragraphs 1, 2 and 3 of this section.† The physician shall notify the board immediately if any circumstance specified in subsection A, paragraphs 1, 2 and 3 of this section changes during the application period for a temporary license or while holding a temporary license, at which time the board may deny or revoke the temporary license.

C.  The board shall approve or deny an application under this section within thirty days after an applicant files a complete application.  The approval of a temporary license pursuant to this section allows the physician to practice in this state without restriction.

D.  If granted, the physician's temporary license expires the earlier of two hundred fifty days after the date the temporary license is granted or on approval or denial of the physician's license application submitted pursuant to section 32‑1822.

E.  For the purpose of meeting the requirements of subsection A of this section, an applicant shall provide the board the name of each state, territory or possession of the United States in which the person is licensed or has held a license and the board shall verify with the applicable regulatory board that the applicant holds an active and unrestricted license to practice medicine, has never had a license revoked or suspended or surrendered a license for disciplinary reasons and is not the subject of an unresolved complaint.† The board may accept the verification of this information from each other regulatory board verbally, which shall be followed by either an electronic or hard copy before the physician's permanent license is granted.† If the board is unable to verify the information within the initial thirty days as required by subsection C of this section, the board may extend the time frame by an additional thirty days to receive the necessary verification.

F.  The board may establish a fee in rule for temporary licensure under this section.END_STATUTE

START_STATUTE32-1835.  Specialty certification; prohibited requirement for licensure; definition

A.  The board may not require an applicant for licensure pursuant to this article to hold or maintain a specialty certification as a condition of licensure in this state.† This subsection does not prohibit the board from considering an applicant's specialty certification as a factor in whether to grant a license to the applicant.

B.  For the purposes of this section, "specialty certification" means certification by a board that specializes in one particular area of medicine and that may require examinations in addition to those required by this state to be licensed to practice medicine."END_STATUTE

Renumber to conform

Page 15, between lines 9 and 10, insert:

START_STATUTE"32-3242.  Subpoenas from member boards or courts in member states

A subpoena issued pursuant to section 32‑3241, section 9 for the attendance and testimony of witnesses or the production of evidence from this state shall be enforced by any court of competent jurisdiction in this state according to that court's practice and procedure in considering subpoenas issued in the court's own proceedings. END_STATUTE

START_STATUTE32-3243.  Participation in compact as condition of employment; prohibition

An employer may not require a physician to seek licensure through the medical licensure compact enacted by section 32‑3241 as a condition of initial or continued employment as an allopathic or osteopathic physician in this state.† An employer may require that a physician obtain and maintain a license to practice allopathic or osteopathic medicine in multiple states, if the physician is free to obtain and maintain the licenses by any means authorized by the laws of the respective states. END_STATUTE

START_STATUTE32-3244.  Open meeting requirements

If a meeting, or a portion of a meeting, of the interstate commission is closed pursuant to section 32‑3241, section 11, subsection H, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision consistent with title 38, chapter 3, article 3.1.  The commission shall keep minutes that fully and clearly describe all matters discussed in the meeting and shall provide a full and accurate summary of actions taken and the reasons for those actions, including a description of the views expressed.† All documents considered in connection with an action shall be identified in these minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or an order of a court of competent jurisdiction. END_STATUTE

START_STATUTE32-3245.  Arizona medical board; Arizona board of osteopathic examiners in medicine and surgery; notice of commission actions; expenditure of certain monies prohibited

The Arizona medical board and the Arizona board of osteopathic examiners in medicine and surgery:

1.  Within thirty days after an interstate commission action shall post on the board's public website notice of any commission action that may affect a physician's license.

2.  May not spend any monies received from physicians or applicants for licensure who are not applying for licensure through this compact on any activities, obligations or duties required by this compact.END_STATUTE"

Page 15, line 10, strike "32‑3242" insert "32‑3246"

After line 36, insert:

"Sec. 5.  Arizona medical board; Arizona board of osteopathic examiners in medicine and surgery; expedited licensure; report; delayed repeal

A.  The Arizona medical board and the Arizona board of osteopathic examiners in medicine and surgery shall each create a proposal for the expedited licensure of a physician who is licensed in at least one other state, whose license is in good standing and who chooses to not be licensed through the medical licensure compact established by title 32, chapter 32, article 3, Arizona Revised Statutes, as added by this act.  The proposals shall include recommended statutory changes to implement expedited licensure. On or before December 1, 2017, each board shall submit a report to the senate health and human services committee and the house of representatives health committee, or their successor committees, for review.

B.  This section is repealed from and after September 30, 2018.

Sec. 6.  Rulemaking exemption

For the purposes of sections 32‑1438 and 32‑1834, Arizona Revised Statutes, as added by this act, the Arizona medical board and Arizona board of osteopathic examiners in medicine and surgery are exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act.

Sec. 7.  Appropriation; Arizona medical board; licensure; exemption

A.  The sum of $50,000 and 3 FTE positions are appropriated from the Arizona medical board fund established by section 32‑1406, Arizona Revised Statutes, in fiscal year 2016-2017 to the Arizona medical board for licensure.

B.  The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations."

Amend title to conform


 

 

ANDY BIGGS

2502FloorBIGGS

04/21/2016

11:56 AM

C: mjh

 

2502Biggs116

4/21/16

1:16 PM

S: EM/ls