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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: RAGE DP 4-3-0-0 |Third Read 16-14-0-0House: GOV DPA/SE 4-3-0-0 |
SB 1021: chiropractic board; complaints; training; authority
S/E: health profession regulatory boards; notification
Sponsor: Senator Shamp, LD 29
Caucus & COW
Summary of the Strike-Everything Amendment to SB 1021
Overview
Details investigative procedures if the Auditor General (OAG) finds evidence that a Health Profession Regulatory Board (Board) might have engaged in criminal activity.
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. Requires the OAG to, if during a sunset review, performance audit or special audit or any other audit or investigation conducted, they find evidence that a member, executive director or staff of a Board engaged in specified criminal activity, the OAG must:
a. notify the Joint Legislative Audit Committee (JLAC) and other governmental entities of the findings; and
b. transmit a copy of the relevant audit findings and supporting evidence to the Attorney General (AG). (Sec. 2)
2. Prohibits the AG from investigating the audit findings if a conflict of interest exists and instead refer the complaint to a county attorney. (Sec. 2)
3. Instructs whoever completed an investigation regarding a complaint to make a written report of all the findings and conclusions within 30 days and send a copy to JLAC. (Sec. 2)
4. Directs the AG or county attorney, in coordination with the OAG, to do all the following for an investigation:
a. review the AG's finding and relevant evidence;
b. examine the practices of the Board in question that contributed to or allowed the potential criminal activity;
c. evaluate the Board's compliance with statutes, rules and policies;
d. recommend measures to prevent recurrence; and
e. issue a report with findings and recommendations to outlined governmental entities within 180 days of receiving the notification. (Sec. 2)
5. Allows JLAC to prepare and file a letter of dissent with the Secretary of State expressing its findings if it finds that the Board's practices are based on misrepresentation of the law or they are acting beyond their statutory authority. (Sec. 1, 2)
6. Requires a Board that is the subject of the audit findings to fully cooperate with any investigation, including providing access to information as requested, subject to applicable privileges and confidentiality laws. (Sec. 2)
7. Stipulates that this legislation does not limit the existing authority of the OAG, the AG, a county attorney or JLAC to investigate, audit or prosecute alleged criminal activity or regulatory violations. (Sec. 2)
8. Defines pertinent terms. (Sec. 2)
9. Makes technical and conforming changes. (Sec. 1)
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13. Initials ML SB 1021
14. 3/25/2026 Page 0 Caucus & COW
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