 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
health boards; licensure decisions; investigation
Purpose
Prescribes procedures for a health care profession regulatory board (health board) when making a licensing decision that is detrimental to a health professional's continued practice.
Background
To practice or perform a regulated health occupation or profession or use certain health occupational or professional titles in Arizona, a person must meet certain qualifications and apply to the designated regulatory entity for the license, certificate or authorization. Licensing, enforcement and disciplinary actions vary across the health professions and occupations (A.R.S. Title 32 and Title 36).
Statute outlines regulatory requirements that apply to all health boards,
including for disciplinary actions. A health board is any board that
regulates one or more health professionals in Arizona. A health professional
incudes a person who is certified or licensed by the following health boards:
1) the Arizona State Board of Podiatry Examiners; 2) the Arizona State Board of
Chiropractic Examiners; 3) the Arizona State Board of Dental Examiners; 4) the Arizona
Medical Board; 5) the Arizona Naturopathic Physicians Medical Board; 6) the Arizona
Board of Nursing; 7) the Arizona State Board of Dispensing Opticians; 8) the Arizona
State Board of Optometry;
9) the Arizona Board of Osteopathic Examiners in Medicine and Surgery; 10) the Arizona
State Board of Pharmacy; 11) the Arizona State Board of Physical Therapy; 12) the
Arizona State Board of Psychologist Examiners; 13) the Arizona State Veterinary
Medical Examining Board; 14) the Arizona Regulatory Board of Physician
Assistants; 15) the Arizona Board of Homeopathic and Integrated Medicine
Examiners; 16) the Arizona State Board of Behavioral Health Examiners;
17) the Arizona Board of Occupational Therapy Examiners; 18) the Arizona State
Board of Respiratory Care Examiners; 19) the Arizona Acupuncture Board of
Examiners; 20) the Arizona State Board of Athletic Training; 21) the Arizona
State Board of Massage Therapy; and 22) the Arizona Board of Examiners of
Nursing Care Institution Administrators and Assisted Living Facility Managers (A.R.S. Title 32, Chapter 32,
Article 1).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Health Board Licensing Decisions
1. Requires a health professional, if the health board makes a licensing decision that is detrimental to a health professional's continued practice and the health professional has been charged with a crime to stop practicing immediately until the health professional is acquitted or convicted.
2. Requires a health board's action against a license to be automatically stayed pending the final disposition of any appeal if the health 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.
3. Allows the health professional to continue to practice without further interaction by or with the health board on the matter that led to the health board's action against the health professional, except as required in the appeals process and for annual license renewal procedures, until either:
a) within 30 days after the health board's decision against the health professional's license, the health board provides to the Office of Administrative Hearings (OAH):
i. the name of health professional, the health professional's license number and the date of the health professional's initial licensure with the health board;
ii. the specific elements of the alleged violation of the statute or rule that the health board states the health professional has violated;
iii. the written notice that states the charges against the health professional and the statute or rule that the health board alleges the health professional has violated;
iv. a written, signed affidavit by the executive director of the health board regarding the health professional's alleged specific, concrete and verifiable violations with references to the relevant statutes and rules and specific events or actions alleged to have been committed by the health professional that relate specifically to the submitted written notice of charges; and
v. accusations that are specific and show specific violations of conditions or requirements in the cited statutes or rules in accordance with the administrative rulemaking requirements; or
b) the health professional has accepted the health board's decision or appealed the health board's decision and there is a final disposition of the appeal.
Miscellaneous
4. Specifies that committing unprofessional conduct of a character that is likely to deceive or defund a patient or the public or that poses a direct threat to the life, health or safety of a patient is grounds for disciplinary action of a chiropractic professional.
5. Modifies the definition of unprofessional conduct for naturopathic physicians 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, rather than any dishonorable conduct reflecting unfavorably on the profession.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Removes the enforcement procedures for when a health board fails to fulfill the prescribed OAH reporting requirements relating to an action taken against a health professional's license.
2. Makes technical changes.
House Action Senate Action
HHS 2/4/26 W/D RAGE 3/25/26 DPA 4-0-3
GOV 2/11/26 DPA 4-2-0-1
3rd Read 2/23/26 31-22-7
Prepared by Senate Research
March 25, 2026
JT/NRG/ci