SB1021 - 572R

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

Section 1.1. Section 41-1013, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1013. Register

A. The secretary of state shall electronically publish the register at least once each month and include the contents listed under subsection B of this section. The secretary of state shall publish the notices that are filed with the secretary of state during the preceding thirty days. The register shall include a table of contents and a cumulative index.

B. The register shall contain the following:

1. Notices of rulemaking docket openings, including the subject matter of the rules under consideration.

2. Notices of proposed rulemaking.

3. Notices of supplemental proposed rulemaking.

4. Notices of proposed exempt rulemaking for agencies that are exempt from the requirements of this chapter 6 of this title but that are required to publish the notice in the register.

5. Notices of oral proceedings if the oral proceeding was not listed in the notice of rulemaking docket opening as provided in section 41-1021, subsection B, paragraph 5.

6. Notices of final exempt rulemaking for agencies that are exempt from the requirements of this chapter 6 of this title. For the purposes of this paragraph, "final exempt rulemaking" means rulemaking in which an agency received public comment on the rulemaking regardless of whether the proposed rulemaking was published in the register or elsewhere by the agency as required in the exemption.

7. Notices of exempt rulemaking for agencies that have a onetime exemption from the requirements of this chapter 6 of this title or that are exempt pursuant to section 41-1005. For the purposes of this paragraph, "exempt rulemaking" means a rulemaking in which an agency did not publish a notice of proposed rulemaking and the agency was not required to conduct a public hearing or receive public comments.

8. Proposed and final notices of expedited rulemaking and notices that an objection was received regarding a proposed expedited rulemaking.

9. Notices of an agency substantive policy statement. The notice of a substantive policy statement shall contain the name and a summary of the policy statement and the website address where the full text of the document is available, if practicable.

10. Notices of intent to increase state museum fees pursuant to section 15-1631.

11. Notices of actions taken by the governor's regulatory review council.

12. Notices of an agency guidance document or revisions to a guidance document. This notice shall contain the name and a summary of the guidance document and information where a person may view the document in its entirety.

13. Notices of each agency ombudsman pursuant to section 41-1006.

14. Notices of public information that pertain to rulemaking notices.

15. Deadlines of the governor's regulatory review council.

16. Letters of dissent filed by the joint legislative audit committee pursuant to section 41-1279.08.

C. All notices listed in subsection B of this section, except the notices under subsection B, paragraphs 1, 5, 9, 10, 11, 12, 13, 14, and 15 and 16 of this section, must include a preamble and the full text of the rule being proposed, amended, renumbered or repealed.

D. The register shall be published electronically for free. The secretary of state shall establish a commercial-use fee pursuant to section 39-121.03. Any paper subscription in place at the end of fiscal year 2016-2017 shall be honored until the subscription expires.

E. For the purposes of this section, full text publication in the register includes new, amended, renumbered, repealed and existing language that an agency deems necessary for the proper understanding of a rule notice. Rules that are undergoing extensive revision may be reprinted in whole. Existing rule language that is not required for understanding shall be omitted and marked "no change". END_STATUTE

Sec. 2.2. Title 41, chapter 7, article 10.1, Arizona Revised Statutes, is amended by adding section 41-1279.08, to read:

START_STATUTE41-1279.08. Health profession regulatory boards; evidence of criminal activity; notification requirement; investigations; reporting requirements; letters of dissent; definition

A. If, during a sunset review, performance audit or special audit or any other audit or investigation conducted pursuant to this article, the auditor general finds evidence that a member, the executive director or any staff member of a health profession regulatory board potentially engaged in criminal activity, including fraud, embezzlement, misuse of public monies, bribery, forgery or a conflict of INTEREST violation of title 38, chapter 3, article 8, the auditor general shall:

1. Immediately notify in writing the committee, the governor, the president of the senate, the speaker of the house of representatives and the attorney general of the findings.

2. Transmit a copy of the relevant audit findings and supporting evidence to the attorney general.

B. If the attorney general determines that a conflict of interest exists that prohibits the attorney general from investigating the audit findings transmitted pursuant to subsection A of this section, the attorney general shall refer the complaint to a county attorney for investigation. The attorney general or, if applicable, the county attorney who receives the referral pursuant this subsection shall make a written report of findings and conclusions as a result of the investigation within thirty days after receipt of the findings or referral and shall provide a copy of the report to the members of the committee.

C. Concurrent with the investigation pursuant to subsection B of this section by the attorney general or, if applicable, the county attorney who receives the referral pursuant to subsection B of this section, the committee, in coordination with the auditor general, shall do all of the following:

1. Review the auditor general's findings and any related evidence.

2. examine the administrative, regulatory and operational practices of the health profession regulatory board that contributed to or allowed the potential criminal activity.

3. Evaluate the health profession regulatory board's compliance with statutes, rules and policies.

4. Recommend legislative changes, board reforms, personnel actions or other measures to prevent recurrence.

5. Issue a report with findings and recommendations to the governor, the speaker of the house of representatives and the president of the senate within one hundred eighty days after the auditor general's notification pursuant to subsection A of this section, with updates as necessary.

D. If, after performing the review, examination and evaluation pursuant to subsection C of this section, the committee finds that the health profession regulatory board's practices are based on a misinterpretation of the law or a rule that is based on a misinterpretation of the law or that the health profession regulatory board is acting beyond its statutory authority, the committee may prepare a letter of dissent expressing its findings. The committee shall file the letter of dissent with the secretary of state to be published in the register pursuant to section 41-1013.

E. A health profession regulatory board that is the subject of the audit findings pursuant to this section shall fully cooperate with both the investigation by the attorney general or, if applicable, the county attorney who receives the referral pursuant to subsection B of this section and the committee investigation, including providing access to records, personnel and other information as requested, subject to applicable privileges and confidentiality laws.

F. This section does not limit the existing authority of the auditor general, the attorney general, a county attorney or the committee to investigate, audit or prosecute alleged criminal activity or regulatory violations.

G. For the purposes of this section, "HEALTH profession regulatory board" has the same meaning prescribed in section 32-3201.END_STATUTE