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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: GOV DPA 4-2-0-1 |
HB 2660: health boards; licensure decisions; investigation
Sponsor: Representative Fink, LD 27
Caucus & COW
Overview
Outlines the procedures for when a Health Profession Regulatory Board (Board) makes a licensing decision that is detrimental to a health professional's continued practice.
History
A Board is any board that regulates one of the following licensed health professionals in Arizona: 1) podiatry; 2) chiropractic; 3) dentistry; 4) medicine and surgery; 5) naturopathic medicine; 6) nursing; 7) dispensing opticians; 8) optometry; 9) osteopathic physicians and surgeons; 10) pharmacy; 11) physical therapy; 12) psychologists; 13) veterinarians; 14) physician assistants; 15) radiologic technologists; 16) homeopathic physicians; 17) behavioral health professionals; 18) occupational therapy; 19) respiratory care; 20) acupuncture; 21) athletic trainers; 22) massage therapy; 23) nursing care institution administrators and assisted living facility managers; 24) midwifery; and 25) hearing aid dispensers, audiologists and speech-language pathologists (A.R.S. § 32-3201).
Provisions
1. Specifies that committing unprofessional conduct of a character that is likely to deceive or defraud a patient or the public or that poses a direct threat to the life, health or safety of a patient constitutes grounds for disciplinary action. (Sec. 1)
2. Requires a health professional to stop practicing until they are acquitted or convicted, if a Board makes a licensing decision that is detrimental to the health professional's continued practice and they have been charged with a crime. (Sec. 3)
3. Directs a Board to automatically stay the final disposition of any appeal against a license as pending if the Board makes a licensing decision that is detrimental to a health professional's continued practice and the health professional has not been charged with a crime. (Sec. 3)
4. Allows a health professional to continue practicing without further interaction by or with the Board on the matter that led to the Board's action against the health professional, unless required due to the appeals process or the annual license renewal procedures, until either of the following occurs:
a. the Board provides the Office of Administrative Hearings (Office) with outlined information within 30 days of the Board's decision against the health professional; or
b. the health professional has accepted or appealed the Board's decision and there is a final disposition of the appeal. (Sec. 3)
5. Specifies the information that must be provided to the Office includes:
a. the name of the health professional, their license number and the date of the initial licensure;
b. the specific elements of the alleged violation that the Board states the health professional has violated;
c. the written notice that states the charges against the health professional and the statute or rule the Board alleges the health professional violated; and
d. a written, signed affidavit by the Board's Executive Director regarding the health professional's alleged specific, concrete and verifiable violations with references to statutes and events or actions relating to the written notice. (Sec. 3)
6. States that if the Board takes an action against a health professional's license and the Board fails to provide the Office with the outlined information within 30 days of their decision, the following apply:
a. a member of the Legislature may request the Attorney General (AG) to investigate any alleged action taken by the Board in violation of this legislation if no conflict of interest exists and the complaint was not referred to a county attorney;
b. the AG or county attorney who receives the complaint must provide a written report of findings and conclusions of the investigation within 30 days of receiving the request and provide a copy to the Joint Legislative Audit Committee (JLBC) and the member who submitted the request; and
c. JLBC must review the report within a year of receiving it and make recommendations to the Legislature with any changes if the AG or county attorney determines that the Board violated this legislation. (Sec. 3)
7. Modifies the definition of unprofessional conduct to include engaging in any conduct that deceives or defrauds a patient or that poses a direct threat to the life, health or safety of a patient. (Sec. 2)
8. Makes technical changes. (Sec. 1, 2)
Amendments
Committee on Government
1. Includes the Joint Legislative Audit Committee to the entities that receive written reports from the investigations led by the AG or county attorney.
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5. Initials ML/MN HB 2660
6. 2/12/2026 Page 0 Caucus & COW
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