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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: DPA 6-0-1-0 | Third Read 26-0-4-0House: HHS DP 10-0-0-2 | Third Read 51-3-6-0 |
SB 1193: personal identifying information; disclosure; prohibition
Sponsor: Senator Payne, LD 27
House Engrossed
Overview
Prohibits the Department of Health Services (DHS) from disclosing personal identifying information of any individual whom it licenses or certifies, including emergency medical care technicians (EMCT), unless consent is received from the licensee or certificate holder.
History
An EMCT is an individual who has been certified by DHS as an EMCT, an advanced EMCT, an EMCT I-99 or a paramedic. DHS is responsible for the certification of EMCTs in Arizona who have completed the necessary certification requirements (A.R.S. § 36-2201 and 36-2202).
Information, documents and records received or prepared by DHS in connection with an investigation conducted that relates to EMCTs are confidential and are not subject to public inspection or civil discovery. The results of the investigation and the decision of DHS are available to the public after the investigation is completed and the investigation file is closed (A.R.S. § 36-2220).
All public officers and public bodies are required to create and retain records reasonably necessary to provide an accurate account of their official actions and any activities funded by state or local public monies. Each officer or entity is responsible for the proper preservation, maintenance, and safeguarding of its public records. Any person may submit a public records request, as authorized by law, to inspect or obtain copies, printouts, or photographs of public records. The designated records custodian must promptly respond to and fulfill such requests. A request is considered denied if the custodian fails to provide a timely response in accordance with statutory requirements (A.R.S. §§ 39-101 and 39-121.01).
Provisions
1. Prohibits DHS from selling or disclosing any personal identifying information of any individual whom it licenses or certifies, including EMCT's. (Sec. 1-2)
2. Deems the personal identifying information of any individual whom it licenses or certifies, including EMCT's as confidential and exempt from public records laws if the request is made for a commercial purpose. (Sec. 1-2)
3. Allows DHS to disclose personal identifying information of any individual whom it licenses or certifies, with their consent, including information that may be disclosed and the purposes for the disclosure. (Sec. 2)
4. Allows DHS to disclose information that has been de-identified or in an aggregated form and does not reasonably allow the identification of EMCT's. (Sec. 2)
5. Clarifies this does not prohibit DHS from sharing information relating to an application for licensure or certification of any individual with another regulatory entity, including a commission that administers a licensure compact. (Sec. 2)
6. Clarifies that DHS is not prevented from disclosing information pertaining to an emergency medical technician's licensing history or record of disciplinary actions. (Sec. 2)
7. Defines personal identifying information. (Sec. 1-2)
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11. Initials AG/LK SB 1193
12. 4/1/2026 Page 0 House Engrossed
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