REFERENCE TITLE: nonretaliation policies; health care institutions





State of Arizona

House of Representatives

Fifty-fifth Legislature

First Regular Session




HB 2622


Introduced by

Representatives Shah: Biasiucci, Bowers, Carroll, Cobb, Hernandez M, Kavanagh, Lieberman, Longdon, Nguyen, Nutt, Osborne, Roberts, Stahl Hamilton, Teller, Toma, Weninger, Wilmeth





Amending section 36-450.02, Arizona Revised Statutes; relating to health care institutions.





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

Section 1.  Section 36-450.02, Arizona Revised Statutes, is amended to read:

START_STATUTE36-450.02.  Nonretaliatory policy; definition

A.  Each health care institution that is licensed pursuant to this chapter shall adopt a policy that prohibits retaliatory action against a health professional who in good faith:

1.  Makes a report to the health care institution pursuant to the requirements of section 36‑450.01.

2.  Having provided the health care institution a reasonable opportunity to address the report, provides information to a private health care accreditation organization or governmental entity concerning the activity, policy or practice that was the subject of the report.

B.  A third‑party contractor of a health care institution may not take retaliatory action as proscribed in this section.

B.  C.  This section does not prohibit a health care institution that is licensed pursuant to this chapter from taking action against a health professional for a purpose that is not related to a report filed pursuant to section 36‑450.01.

C.  D.  Except as provided in section 23‑1501, subsection A, paragraph 3, subdivisions (a) and (c), this section shall only be enforced only through the provisions of this chapter.

D.  E.  There shall be is a rebuttable presumption that any termination or other adverse action that occurs more than one hundred eighty days year after the date of a report made pursuant to either subsection A, paragraph 1 or 2 of this section is not a retaliatory action.

F.  For the purposes of this section, "third‑party contractor" means an entity that contracts with a health care institution to provide health care services in the health care institution by contracting or hiring health professionals. END_STATUTE