HB 2314 — technical correction; health professionals

HB2314 - 542R - H-HealthH &Ver Human  Services  -  StrikeHouse Everything-ProposedEngrossed   Fifty-fourth  Legislature                                   Health  &State Humanof ServicesArizona House of Representatives Fifty-fourth Legislature Second Regular Session                                                 Session H.B.    HOUSE BILL 2314       AN ACT   amending sections 12-2801, 13-1415, 15-157, 15-203, 15-843, 28-3167, 28‑3315, 36-663, 36-664, 36-1673 and 36-2351, Arizona Revised Statutes;

 relating PROPOSEDto HOUSEnaturopathic OFphysicians. REPRESENTATIVES AMENDMENTS TO H.B.

2314  (Reference  to(TEXT printedOF bill)BILL BEGINS ON NEXT PAGE)   StrikeBe everythingit afterenacted by the enactingLegislature clauseof andthe insert:State of Arizona:

"Section 1.  SectionSection. 1.  Section 12-573,12-2801, Arizona Revised Statutes, is amended to read:

START_STATUTE12-573.  Limited liability for treatment related to delivery of infants;

exception;

definition A.  Unless the elements of proof contained in section 12‑563 are established by clear and convincing evidence, a physician licensed to practice pursuant to title 32, chapter 13, 14 or 17 is not liable to the pregnant female patient, the child or children delivered or their families for medical malpractice related to labor or delivery rendered on an emergency basis if the patient was not previously treated for the pregnancy by the physician, by a physician in a group practice with the physician or by a physician, physician assistant or certified nurse midwife with whom the physician has an agreement to attend the labor and delivery of the patient.

B.  Unless the elements of proof contained in section 12‑563 are established by clear and convincing evidence regarding the acts or omissions of a licensed health care facility or its employees in cases that are covered by subsection A of this section, the health care facility is not liable to the female patient, the child or children delivered or their families for medical malpractice related to labor or delivery.

C.  This section does not apply to treatment that is rendered in connection with labor and delivery if the patient has been seen regularly by or under the direction of a licensed health care provider or a licensed physician from whom the patient's medical information is immediately available to the physicians attending the patient during labor and delivery.

D.  For the purposes of this section, "emergency" means when labor has begun or a condition exists requiring the delivery of the child or children.

END_STATUTE Sec. 2.  Section 12-2801, Arizona Revised Statutes, is amended to read:

END_STATUTE Sec. 3.  SectionSec. 2.  Section 13-1415, Arizona Revised Statutes, is amended to read:

(d)  A physician licensed pursuant to title 32, chapter 13, 14, 17 or 29.END_STATUTE Sec. 4.  SectionSec. 3.  Section 15-157, Arizona Revised Statutes, is amended to read:

immunity Pursuant to a standing order issued by the chief medical officer of the department of health services, the chief medical officer of a county health department, a doctor of medicine licensed pursuant to title 32, chapter 13, a doctor of naturopathic medicine licensed pursuant to title 32, chapter 14, a doctor of osteopathic medicine licensed pursuant to title 32, chapter 17, a nurse practitioner licensed pursuant to title 32, chapter 15 or a physician assistant licensed pursuant to title 32, chapter 25, an employee of a school district or charter school who is trained in the administration of epinephrine auto‑injectors may administer or assist in the administration of epinephrine auto‑injectors to a pupil or an adult whom the employee believes in good faith to be exhibiting symptoms of anaphylactic shock while at school or at school‑sponsored activities.  Eachactivities.  Each school district and charter school may stock two or more juvenile doses and two or more adult doses of epinephrine auto‑injectors at each school pursuant to a standing order issued by the chief medical officer of the department of health services, the chief medical officer of a county health department, a doctor of medicine licensed pursuant to title 32, chapter 13, a doctor of naturopathic medicine licensed pursuant to title 32, chapter 14, a doctor of osteopathic medicine licensed pursuant to title 32, chapter 17, a nurse practitioner licensed pursuant to title 32, chapter 15 or a physician assistant licensed pursuant to title 32, chapterchapter 25.  A 25.  A school district or charter school may accept monetary donations for or apply for grants for the purchase of epinephrine auto‑injectors or may participate in third-party programs to obtain epinephrine auto-injectors at fair market, free or reduced prices.  The chief medical officer of the department of health services, the chief medical officer of a county health department, a doctor of medicine licensed pursuant to title 32, chapter 13, a doctor of naturopathic medicine licensed pursuant to title 32, chapter 14, a doctor of osteopathic medicine licensed pursuant to title 32, chapter 17, a nurse practitioner licensed pursuant to title 32, chapter 15 or a physician assistant licensed pursuant to title 32, chapter 25, a school district, a charter school and employees of a school district or charter school are immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of the requirements of this section, except in cases of gross negligence, wilful misconduct or intentional wrongdoing.

END_STATUTE Sec. 5.  SectionSec. 4.  Section 15-203, Arizona Revised Statutes, is amended to read:

12.  Prescribe a minimum course of study in the common schools, minimum competency requirements for the promotion of pupils from the third grade and minimum course of study and competency requirements for the promotion of pupils from the eighth grade.  The state board of education shall prepare a fiscal impact statement of any proposed changes to the minimum course of study or competency requirements and, on completion, shall send a copy to the director of the joint legislative budget committee and the executive director of the school facilities board.  The state board of education shall not adopt any changes in the minimum course of study or competency requirements in effect on July 1, 1998 that will have a fiscal impact on school capital costs.

13.  Prescribe minimum course of study and competency requirements for the graduation of pupils from high school.  The state board of education shall prepare a fiscal impact statement of any proposed changes to the minimum course of study or competency requirements and, on completion, shall send a copy to the director of the joint legislative budget committee and the executive director of the school facilities board.  Theboard.  The state board of education shall not adopt any changes in the minimum course of study or competency requirements in effect on July 1, 1998 that will have a fiscal impact on school capital costs.

21.  Establish an assessment, data gathering and reporting system for pupil performance as prescribed in chapter 7, article 3 of this title, including qualifying examinations for the college credit by examination incentive program pursuant to section 15‑249.06.

6.  Assess costs and reasonable attorney fees against a person who files a frivolous complaint or who files a complaint in bad faith.  Costs assessed pursuant to this paragraph shall not exceed the expenses incurred by the department of education in the investigation of the complaint.END_STATUTE Sec. 6.  SectionSec. 5.  Section 15-843, Arizona Revised Statutes, is amended to read:

10.  Procedures that require the school district to annually report to the department of education in a manner prescribed by the department the number of suspensions and expulsions that involve the possession, use or sale of an illegal substance under title 13, chapter 34 and the type of illegal substance involved in each suspension or expulsion.  The department of education shall compile this information and annually post the information on its website.  The information shall comply with the family educational rights and privacy act of 1974 (P.L.

END_STATUTE Sec. 7.  SectionSec. 6.  Section 28-3167, Arizona Revised Statutes, is amended to read:

END_STATUTE Sec. 8.  SectionSec. 7.  Section 28-3315, Arizona Revised Statutes, is amended to read:

END_STATUTE Sec. 9.  SectionSec. 8.  Section 36-663, Arizona Revised Statutes, is amended to read:

END_STATUTE Sec. 10.  SectionSec. 9.  Section 36-664, Arizona Revised Statutes, is amended to read:

E.  The department or a local health department shall disclose communicable disease related information to a Good Samaritan who submits a request to the department or the local health department. department.  The The request shall document the occurrence of the accident, fire or other life‑threatening emergency and shall include information regarding the nature of the significant exposure risk.  The department shall adopt rules that prescribe standards of significant exposure risk based on the best available medical evidence.  The department shall adopt rules that establish procedures for processing requests from Good Samaritans pursuant to this subsection.  The rules shall provide that the disclosure to the Good Samaritan shall not reveal the protected person's name and shall be accompanied by a written statement that warns the Good Samaritan that the confidentiality of the information is protected by state law.

END_STATUTE Sec. 11.  SectionSec. 10.  Section 36-1673, Arizona Revised Statutes, is amended to read:

END_STATUTE Sec. 12.  SectionSec. 11.  Section 36-2351, Arizona Revised Statutes, is amended to read:

7.  "Physician" means a physician licensed pursuant to title 32, chapter 13, 14 or 17."17. END_STATUTE Amend title to conform     NANCY K.

BARTOEND_STATUTE     2314BARTO 01/30/2020 4:43 PM C:

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