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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
chiropractic board; complaints; training; authority
Purpose
Outlines various actions that constitute unprofessional conduct for the purpose of disciplining a doctor of chiropractic (DC). Modifies the powers and duties of the Arizona Board of Chiropractic Examiners (Board) and the Executive Director of the Board (Executive Director) when investigating and reviewing complaints of unprofessional conduct.
Background
The Board is charged with protecting the health, welfare and safety of
the public through the enforcement of the laws governing chiropractic practice.
The Board's duties include:
1) adopting necessary rules to protect the public regarding chiropractic
practice; 2) determining the qualifications and regulation of chiropractic
assistants who are not otherwise licensed by law; and 3) reviewing the amount
of each authorized fee in a public hearing at least once each fiscal year and
before establishing the amount of a fee for the subsequent fiscal year (A.R.S.
§ 32-904).
Current statute outlines what actions constitute grounds for disciplinary action of a DC by the Board. The Board on its own motion, or on receipt of a complaint, may investigate any information that appears to show that a DC is or may be in violation of the laws and Board rules that govern the practice of chiropractic in Arizona, or that indicates the DC may be mentally or physically unable to safely engage in the practice of chiropractic. The Board must notify the licensee of the complaint as soon as is reasonable. If the Board believes the allegation is of such magnitude as to warrant suspension or revocation of the license, the Board must immediately initiate formal revocation or suspension proceedings. The Board must notify the licensee of the complaint and hearing by certified mail addressed to the licensee's last known address on record in the Board's files. The notice of the complaint and hearing is effective on the date of its deposit in the mail. The Board must then hold a formal hearing within 180 days after the date the notice is deposited in the mail (A.R.S. § 32-924).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Unprofessional Conduct
1. Prescribes the following actions, occurring in Arizona or elsewhere, which constitute unprofessional conduct for the purpose of disciplining a DC:
a) failure to disclose, in writing, to a patient or third-party payor that the DC has a financial interest in a diagnostic or treatment facility, test, good or service when referring a patient for various services, as prescribed;
b)
knowingly providing a false or misleading statement to a patient or
third-party payor;
c) knowingly making a false or misleading statement, providing false or misleading information or omitting material information in any oral or written communication, including attachments, to the Board, Board staff or a Board representative or on any form required by the Board;
d) knowingly filing with the Board an application or other document that contains false information;
e) failure to create and maintain adequate patient records, as prescribed;
f) failure to provide a copy of requested patient records, free of charge, to a patient, patient's authorized agent or a licensed physician;
g) misrepresentation of the DC's certification in a specialty area, academic or professional credentials;
h) failure to provide documentation of the DC's specialty certification, academic or professional credentials to a patient who requests such documentation;
i) practicing or billing for services under any name other than the name by which the DC is licensed by the Board, including a corporate, business or other licensed health care provider's name, without first notifying the Board in writing;
j) suggesting or having sexual contact in the course of patient treatment, or within three months of the last chiropractic service, with an individual with whom a consensual sexual relationship did not exist prior to becoming a patient;
k) intentionally viewing a disrobed patient, not related to the patient's complaint, diagnoses or treatment;
l) intentionally misrepresenting the effectiveness of a treatment, diagnostic test or device;
m) performing prohibited diagnostic procedures, as prescribed;
n) promoting or using diagnostic testing or treatment for research or experimental purposes without obtaining informed consent and conforming to generally accepted research or experimental criteria;
o) having a professional connection with an unlawful practitioner;
p) misrepresenting oneself as current or past Board personnel or claiming professional superiority in the practice of chiropractic;
q) having an action taken against the DC's license in another jurisdiction or having a license renewal denied due to unprofessional conduct;
r) directly or indirectly dividing a professional fee for patient referrals as prescribed;
s) violating any federal or state law, rule or regulation applicable to the practice of chiropractic;
t) habitually using or having habitually used alcohol, narcotics or stimulants to the extent of incapacitating the DC in performing professional duties;
u) being convicted by a court of competent jurisdiction of a felony;
v) in any other jurisdiction, having an action taken against the DC, having any limit or restriction placed on the DC, having the DC's license place on probation or suspension or revoked or suspended as a disciplinary measure or the DC's license renewal is denied for a reason related to unprofessional conduct; and
w) filing an anonymous complaint against another DC.
2. Prohibits the Board from adopting any rule that may alter or amend unprofessional conduct, as outlined.
Removal of the Executive Director
3. Requires the Board to terminate the Executive Director for any of the following:
a) subpoenaing information that is unrelated to a complaint allegation;
b) failing to refer to the appropriate law enforcement agency a complaint or information indicating that a DC may have committed a misdemeanor or felony within two business days after receiving the compliant or information; or
c) advocating in support or against a legislative proposal in the Executive Director's official capacity before the Board has taken a formal position on the proposal in a public meeting.
Conflict of Interest
4.
Requires each Board member and employee to complete on appointment or
hire a
conflict-of-interest disclosure form, including an attestation that no conflict
exists, if applicable.
5. Requires the disclosure form to be updated annually.
6. Requires the Board to retain all conflict-of-interest disclosure forms and make the disclosure forms and meeting minutes available to the public on request.
7. Requires each Board member and employee to complete on hire or appointment an annual training approved by the Attorney General's Office on the following:
a) conflict-of-interest requirements, processes and disclosure forms, including how Arizona's conflict-of-interest requirements relate to their individual roles and responsibilities;
b) open meetings law requirements; and
c) the Board's authority to investigate complaints and issue subpoenas.
Executive Director Duties
8. Requires the Executive Director to:
a) ensure that the Board follows all applicable laws and rules and complies with all reporting requirements;
b) advise the Board of any contemplated actions that is beyond the scope of the Board's authority and to state the Executive Director's concern in open session if the Board disregards the advice provided;
c) prepare and maintain a discipline matrix to ensure all licensees are treated consistently based on the specific allegations at issue that:
i. briefly outlines material facts of all past cases in which discipline was imposed without identifying any specific DC or complainant other than by potential file number or other reference;
ii. specifies the level of discipline imposed; and
iii. is available to any DC against whom a complaint has been filed and a formal investigation has been opened, including the DC's counsel; and
d) classify complaints in accordance with Board policies to prioritize the allocation of Board resources and the investigation and adjudication of complaints.
9. Prohibits the Executive Director from:
a) advocating in support of or against a legislative proposal in the Executive Director's official capacity until the Board has taken a formal position on the proposal in a public meeting; or
b) encouraging DC's or the public to support or oppose any legislation.
Investigations and Initial Review
10. Limits the scope of an investigation to the information contained in the initial complaint or the information that the Board has in its possession at the time of the Board's motion to investigate.
11. Prohibits the Board from subpoenaing information related to a licensee's personal finances during an investigation.
12. Requires the Board to complete an investigation and initial review within 90 days of receiving a complaint unless it extends the time to investigate.
13. Allows the Board to extend the time to investigate a licensee if:
a) the complaint relates to the improper sexual conduct of a DC; or
b) the DC agrees to the proposed extension and the Board has diligently pursued investigations within the allotted timeframe, as prescribed, for complaints involving allegations or violations of unprofessional conduct or malpractice that implicates patient safety.
14. Requires the Board to make a final decision regarding a complaint of misconduct within 220 days after the complaint is filed if a formal hearing is required.
15. Deems, if the Board has not made a final decision after the 220 days, the complaint administratively closed.
16. Entitles a licensee to restitution for all costs incurred relating to an investigation and formal hearing process if a court of competent jurisdiction finds that the Board acted capriciously against the licensee without merit and in violation of statute, rules, policies or procedures.
Criminal Complaint Referrals
17. Requires the Board to refer complaints or information indicating that a DC may have committed a misdemeanor or felony offense to the appropriate law enforcement agency within two business days after receiving the complaint or information.
18. Allows the Board to refer the complaint to law enforcement without obtaining the complainant's consent or substantiating the complaint.
19. Allows the Board to restrict, limit or order a summary suspension of the DC's license pending action by the law enforcement agency if the complaint or information received requires that emergency action be taken to protect public health, safety or welfare.
20. Requires the law enforcement agency that received the complaint or information to inform the Board of the outcome of the law enforcement agency's investigation and whether charges are filed against the DC.
21. Allows the Board to investigate the referred complaint or information to determine if it constitutes a violation of unprofessional conduct.
Licensure
22. Requires the Board to develop policies and procedures for determining when the Board will require a DC to undergo psychosexual evaluations and how the Board will use the evaluation results.
23. Requires, rather than allows, the Board to require an applicant for licensure to submit a full set of fingerprints to the Board.
24. Stipulates that, after 90 days, the Board must automatically suspend a license if the licensee does not submit a complete application for renewal and pay the renewal fee.
25. Requires the licensee's renewal license to be backdated to the expiration date of the license if the licensee completes the renewal application and pays the renewal fee within 90 days after the due date.
26. Allows a facility, business entity, partnership or other form of business in which the majority of ownership is owned by a licensed DC to submit bills under the controlling licensee's individual name or business name without notification to the Board.
Miscellaneous
27. Defines chiropractic physician, member and patient safety.
28. Contains a statement of legislative intent.
29. Makes technical and conforming changes.
30. Becomes effective on the general effective date.
Prepared by Senate Research
January 30, 2026
JT/ci