Arizona 57th Legislature - Second Regular Session Status: Passed Senate 1 R cosponsors

SB 1021 — chiropractic board; complaints; training; authority

Last action — FAILED

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 57th Legislature - Second Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

823 added · 136 removed

Plain-language change summary

The latest version of SB 1021 now includes specific provisions about the responsibilities of the chiropractic board regarding handling complaints and training. These changes clarify the board's authority and improve transparency around its processes. This matters because it aims to enhance accountability and ensure that practitioners are held to a high standard in their training and treatment of patients.

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House Engrossed Senate Bill chiropractic board;
Senate Engrossed chiropractic board;
authority (now:
authority State of Arizona Senate Fifty-seventh Legislature Second Regular Session SENATE BILL 1021 AN ACT AMENDING SECTION 32-900, ARIZONA REVISED STATUTES;
health profession regulatory boards;
AMENDING TITLE 32, CHAPTER 8, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 32-900.01;
notification) State of Arizona Senate Fifty-seventh Legislature Second Regular Session SENATE BILL 1021 AN ACT AMENDING SECTION 41-1013, ARIZONA REVISED STATUTES;
AMENDING SECTION 32-904, ARIZONA REVISED STATUTES;
AMENDING TITLE 41, CHAPTER 7, ARTICLE 10.1, ARIZONA REVISED STATUTES, BY ADDING SECTION 41-1279.08;
AMENDING TITLE 32, CHAPTER 8, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 32-904.01;
RELATING TO HEALTH PROFESSION REGULATORY BOARDS.
AMENDING SECTIONS 32-905, 32-921, 32-923 AND 32-924, ARIZONA REVISED STATUTES;
AMENDING TITLE 32, CHAPTER 8, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTION 32-924.01;
AMENDING SECTIONS 32-929 AND 32-934, ARIZONA REVISED STATUTES;
RELATING TO THE STATE BOARD OF CHIROPRACTIC EXAMINERS.
Section 41-1013, Arizona Revised Statutes, is amended to read:
Section 32-900, Arizona Revised Statutes, is amended to read:
41-1013.
32-900.
Register A.
Definitions In this chapter, unless the context otherwise requires:
The secretary of state shall electronically publish the register at least once each month and include the contents listed under subsection B of this section.
The secretary of state shall publish the notices that are filed with the secretary of state during the preceding thirty days.
The register shall include a table of contents and a cumulative index.
B.
The register shall contain the following:
Notices of rulemaking docket openings, including the subject matter of the rules under consideration.
"Advisory letter" means a nondisciplinary letter to notify a licensee that either:
(a) While there is insufficient evidence to support disciplinary action, the board believes that continuation of the activities that led to the investigation may result in further board action against the licensee.
(b) The violation is a minor or technical violation that is not of sufficient merit to warrant disciplinary action.
(c) The violation is a minor or technical violation, and while the licensee has demonstrated substantial compliance through rehabilitation or remediation that has mitigated the need for disciplinary action, the board believes that repetition of the activities that led to the investigation may result in further board action against the licensee.
Notices of proposed rulemaking.
"Board" means the state board of chiropractic examiners.
Notices of supplemental proposed rulemaking.
"Certification" means that a doctor of chiropractic has been certified by the board in a specialty of chiropractic as provided by law.
Notices of proposed exempt rulemaking for agencies that are exempt from the requirements of THIS chapter 6 of this title but that are required to publish the notice in the register.
"Chiropractic assistant" means an unlicensed person who has completed an educational training program approved by the board, who assists in basic health care duties in the practice of chiropractic under the supervision of a doctor of chiropractic and who performs delegated duties commensurate with the chiropractic assistant's education and training but who does not evaluate, interpret, design or modify established treatment programs of chiropractic care or violate any statute.
Notices of oral proceedings if the oral proceeding was not listed in the notice of rulemaking docket opening as provided in section 41-1021, subsection B, paragraph 5.
"Doctor of chiropractic" OR "CHIROPRACTIC PHYSICIAN" means a natural person who holds a license to practice chiropractic pursuant to this chapter.
Notices of final exempt rulemaking for agencies that are exempt from the requirements of THIS chapter 6 of this title.
"License" means a license to practice chiropractic.
For the purposes of this paragraph, "final exempt rulemaking" means rulemaking in which an agency received public comment on the rulemaking regardless of whether the proposed rulemaking was published in the register or elsewhere by the agency as required in the exemption.
Notices of exempt rulemaking for agencies that have a onetime exemption from the requirements of THIS chapter 6 of this title or that are exempt pursuant to section 41-1005.
"MEMBER" INCLUDES A DOCTOR OF CHIROPRACTIC WHO IS EMPLOYED WITH, CONTRACTED WITH OR OTHERWISE AFFILIATED WITH ANOTHER LICENSEE.
For the purposes of this paragraph, "exempt rulemaking" means a rulemaking in which an agency did not publish a notice of proposed rulemaking and the agency was not required to conduct a public hearing or receive public comments.
Proposed and final notices of expedited rulemaking and notices that an objection was received regarding a proposed expedited rulemaking.
"PATIENT SAFETY" MEANS ACTIONS ASSOCIATED WITH CHIROPRACTIC CARE THAT ARE TAKEN TO PREVENT ERRORS AND ADVERSE EFFECTS TO PATIENTS.
7.
Notices of an agency substantive policy statement.
"Physical medicine modalities" means any physical agent applied to produce therapeutic change to biologic tissues, including thermal, acoustic, noninvasive light, mechanical or electric energy, hot or cold packs, ultrasound, galvanism, microwave, diathermy and electrical stimulation.
The notice of a substantive policy statement shall contain the name and A summary of the policy statement and the website address where the full text of the document is available, if practicable.
8.
Notices of intent to increase state museum fees pursuant to section 15-1631.
"Therapeutic procedures" means the application of clinical skills and services, including therapeutic exercise, therapeutic activities, manual therapy techniques, massage and structural supports, to improve a patient's neuromusculoskeletal condition.
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1021 Sec.
2.
Title 32, chapter 8, article 1, Arizona Revised Statutes, is amended by adding section 32-900.01, to read:
32-900.01.
Unprofessional conduct;
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board prohibition A.
IN THIS CHAPTER, FOR THE PURPOSES OF DISCIPLINING A DOCTOR OF CHIROPRACTIC, ANY OF THE FOLLOWING WHETHER OCCURRING IN THIS STATE OR ELSEWHERE CONSTITUTES UNPROFESSIONAL CONDUCT:
1.
FAILING TO DISCLOSE, IN WRITING, TO A PATIENT OR A THIRD-PARTY PAYOR THAT THE LICENSEE HAS A FINANCIAL INTEREST IN A DIAGNOSTIC OR TREATMENT FACILITY, TEST, GOOD OR SERVICE WHEN REFERRING A PATIENT FOR A PRESCRIBED DIAGNOSTIC TEST, TREATMENT, GOOD OR SERVICE AND THAT THE DIAGNOSTIC TEST, TREATMENT, GOOD OR SERVICE IS AVAILABLE ON A COMPETITIVE BASIS FROM ANOTHER HEALTH CARE PROVIDER.
THIS PARAGRAPH DOES NOT APPLY TO A REFERRAL BY ONE LICENSEE TO ANOTHER WITHIN A GROUP OF LICENSEES WHO PRACTICE TOGETHER.
THIS PARAGRAPH APPLIES REGARDLESS OF WHETHER THE REFERRED SERVICE IS PROVIDED AT THE LICENSEE'S PLACE OF PRACTICE OR AT ANOTHER LOCATION.
2.
KNOWINGLY MAKING A FALSE OR MISLEADING STATEMENT TO A PATIENT OR A THIRD-PARTY PAYOR.
3.
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.
4.
KNOWINGLY FILING WITH THE BOARD AN APPLICATION OR OTHER DOCUMENT THAT CONTAINS FALSE OR MISLEADING INFORMATION.
5.
FAILING TO CREATE AN ADEQUATE PATIENT RECORD THAT INCLUDES THE PATIENT'S HEALTH HISTORY, CLINICAL IMPRESSIONS, EXAMINATION FINDINGS, DIAGNOSTIC RESULTS, X-RAY FILMS OR DIGITAL IMAGING IF TAKEN, X-RAY OR DIGITAL IMAGING REPORTS, A TREATMENT PLAN, NOTES FOR EACH PATIENT VISIT AND A BILLING RECORD.
THE NOTES FOR EACH PATIENT VISIT MUST INCLUDE THE PATIENT'S NAME, THE DATE OF SERVICE, THE DOCTOR OF CHIROPRACTIC'S FINDINGS, A DESCRIPTION OF ANY SERVICE RENDERED AND THE NAME OR INITIALS OF THE DOCTOR OF CHIROPRACTIC WHO PROVIDED SERVICES TO THE PATIENT.
6.
FAILING TO MAINTAIN THE INFORMATION REQUIRED BY PARAGRAPH 5 OF THIS SUBSECTION FOR A PATIENT FOR AT LEAST SIX YEARS AFTER THE LAST TREATMENT DATE OR, FOR A MINOR, SIX YEARS AFTER THE MINOR'S EIGHTEENTH BIRTHDAY.
7.
FAILING TO PROVIDE WRITTEN NOTICE TO THE BOARD ABOUT HOW TO ACCESS THE PATIENT RECORDS OF A CHIROPRACTIC PRACTICE THAT IS CLOSED BY PROVIDING, AT A MINIMUM, THE PHYSICAL ADDRESS, TELEPHONE NUMBER AND FULL NAME OF A PERSON WHO CAN BE CONTACTED REGARDING WHERE THE RECORDS ARE MAINTAINED FOR AT LEAST SIX YEARS AFTER EACH PATIENT'S LAST TREATMENT DATE OR A MINOR PATIENT'S EIGHTEENTH BIRTHDAY.
8.
FAILING TO DO ANY OF THE FOLLOWING:
(a) RELEASE A COPY OF ALL REQUESTED PATIENT RECORDS AS PRESCRIBED IN PARAGRAPH 5 OF THIS SUBSECTION, INCLUDING THE ORIGINAL OR A DIAGNOSTIC - 2 - S.B.
1021 QUALITY RADIOGRAPHIC COPY OF X-RAYS OR DIGITAL IMAGING, TO ANOTHER LICENSED PHYSICIAN, THE PATIENT OR THE PATIENT'S AUTHORIZED AGENT WITHIN TEN BUSINESS DAYS AFTER RECEIVING A WRITTEN REQUEST TO DO SO.
THIS SUBDIVISION DOES NOT REQUIRE THE RELEASE OF A PATIENT'S BILLING RECORD TO ANOTHER LICENSED PHYSICIAN.
(b) RELEASE A COPY OF ANY SPECIFIED PORTION OR ALL OF A PATIENT'S BILLING RECORD TO THE PATIENT OR THE PATIENT'S AUTHORIZED AGENT WITHIN TEN BUSINESS DAYS AFTER RECEIVING A WRITTEN REQUEST TO DO SO.
(c) IN THE CASE OF A PATIENT OR A PATIENT'S AUTHORIZED AGENT WHO HAS VERBALLY REQUESTED THE PATIENT RECORD, PROVIDE THE PATIENT RECORD.
(d) RETURN ORIGINAL X-RAYS OR DIGITAL IMAGING TO A LICENSED PHYSICIAN WITHIN TEN BUSINESS DAYS AFTER RECEIVING A WRITTEN REQUEST TO DO SO.
(e) PROVIDE COPIES OF PATIENT RECORDS TO ANOTHER LICENSED PHYSICIAN, THE PATIENT OR THE PATIENT'S AUTHORIZED AGENT FREE OF CHARGE IN VIOLATION OF TITLE 12, CHAPTER 13, ARTICLE 7.1.
9.
REPRESENTING THAT THE LICENSEE HAS CERTIFICATION IN A SPECIALTY AREA IN WHICH THE LICENSEE DOES NOT HAVE CERTIFICATION OR HAS ACADEMIC OR PROFESSIONAL CREDENTIALS THAT THE LICENSEE DOES NOT HAVE.
10.
FAILING TO PROVIDE TO A PATIENT ON REQUEST DOCUMENTATION OF THE LICENSEE'S CERTIFICATION BY THE BOARD IN A SPECIALTY AREA OR THE LICENSEE'S ACADEMIC CERTIFICATION, DEGREE OR PROFESSIONAL CREDENTIALS.
Notices of actions taken by the governor's regulatory review council.
PRACTICING OR BILLING FOR SERVICES UNDER ANY NAME OTHER THAN THE NAME BY WHICH THE DOCTOR OF CHIROPRACTIC IS LICENSED BY THE BOARD, INCLUDING A CORPORATE, BUSINESS OR OTHER LICENSED HEALTH CARE PROVIDER'S NAME, WITHOUT FIRST NOTIFYING THE BOARD IN WRITING.
Notices of an agency guidance document or revisions to a guidance document.
SUGGESTING OR HAVING SEXUAL CONTACT, AS DEFINED IN SECTION 13-1401, IN THE COURSE OF PATIENT TREATMENT OR WITHIN THREE MONTHS AFTER THE LAST CHIROPRACTIC EXAMINATION, TREATMENT OR CONSULTATION WITH AN INDIVIDUAL WITH WHOM A CONSENSUAL SEXUAL RELATIONSHIP DID NOT EXIST BEFORE THE DOCTOR OF CHIROPRACTIC-PATIENT RELATIONSHIP WAS ESTABLISHED.
This notice shall contain the name and a summary of the - 1 - S.B.
1021 guidance document and information where a person may view the document in its entirety.
Notices of each agency ombudsman pursuant to section 41-1006.
INTENTIONALLY VIEWING A COMPLETELY OR PARTIALLY DISROBED PATIENT IN THE COURSE OF AN EXAMINATION OR TREATMENT IF THE VIEWING IS NOT RELATED TO THE PATIENT'S COMPLAINT, DIAGNOSIS OR TREATMENT UNDER CURRENT PRACTICE STANDARDS.
Notices of public information that pertain to rulemaking notices.
INTENTIONALLY MISREPRESENTING THE EFFECTIVENESS OF A TREATMENT, DIAGNOSTIC TEST OR DEVICE.
Deadlines of the governor's regulatory review council.
PENETRATING A PATIENT'S RECTUM BY A RECTAL PROBE OR DEVICE TO ADMINISTER AN ULTRASOUND, DIATHERMY OR OTHER MODALITY.
LETTERS OF DISSENT FILED BY THE JOINT LEGISLATIVE AUDIT COMMITTEE PURSUANT TO SECTION 41-1279.08.
USING IONIZING RADIATION IN VIOLATION OF SECTION 32-2811.
17.
PROMOTING OR USING DIAGNOSTIC TESTING OR TREATMENT FOR RESEARCH OR EXPERIMENTAL PURPOSES WITHOUT DOING BOTH OF THE FOLLOWING:
(a) OBTAINING WRITTEN INFORMED CONSENT FROM THE PATIENT OR THE PATIENT'S AUTHORIZED AGENT BEFORE THE DIAGNOSTIC TEST OR TREATMENT, INCLUDING DISCLOSING TO THE PATIENT OR AUTHORIZED AGENT ANY RESEARCH - 3 - S.B.
1021 PROTOCOL, CONTRACT THE LICENSEE HAS WITH RESEARCHERS, IF APPLICABLE, AND INFORMATION ON THE INSTITUTIONAL REVIEW COMMITTEE USED TO ESTABLISH PATIENT PROTECTION.
(b) CONFORMING TO GENERALLY ACCEPTED RESEARCH OR EXPERIMENTAL CRITERIA, INCLUDING FOLLOWING PROTOCOLS, MAINTAINING DETAILED RECORDS, PERIODICALLY ANALYZING RESULTS AND PERIODICALLY SUBMITTING TO REVIEW BY A PEER REVIEW COMMITTEE.
18.
HAVING A PROFESSIONAL CONNECTION WITH AN ILLEGAL PRACTITIONER OF CHIROPRACTIC, MISREPRESENTING ONESELF AS A CURRENT OR PAST BOARD MEMBER, A CURRENT OR PAST BOARD STAFF MEMBER OR A CURRENT OR PAST BOARD CHIROPRACTIC CONSULTANT OR CLAIMING PROFESSIONAL SUPERIORITY IN THE PRACTICE OF CHIROPRACTIC UNDER SECTION 32-925.
19.
VIOLATING THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT.
20.
HABITUALLY USING OR HAVING HABITUALLY USED ALCOHOL, NARCOTICS OR STIMULANTS TO THE EXTENT OF INCAPACITATING THE LICENSEE IN PERFORMING PROFESSIONAL DUTIES.
21.
BEING CONVICTED BY A COURT OF COMPETENT JURISDICTION OF A CLASS 1, 2, 3, 4 OR 5 FELONY.
22.
IN ANY OTHER JURISDICTION, HAVING AN ACTION TAKEN AGAINST THE LICENSEE'S PROFESSIONAL LICENSE, HAVING ANY LIMIT OR RESTRICTION PLACED ON THE LICENSE, HAVING THE LICENSE PLACED ON PROBATION OR SUSPENSION OR REVOKED OR SURRENDERED AS A DISCIPLINARY MEASURE OR HAVING A LICENSE APPLICATION OR LICENSE RENEWAL DENIED FOR A REASON RELATED TO UNPROFESSIONAL CONDUCT.
23.
DIRECTLY OR INDIRECTLY DIVIDING A PROFESSIONAL FEE FOR PATIENT REFERRALS AMONG HEALTH CARE PROVIDERS OR HEALTH CARE INSTITUTIONS OR BETWEEN PROVIDERS AND INSTITUTIONS OR ENTERING INTO A CONTRACTUAL ARRANGEMENT TO THAT EFFECT.
THIS PARAGRAPH DOES NOT PROHIBIT THE MEMBERS OF ANY REGULARLY AND PROPERLY ORGANIZED BUSINESS ENTITY RECOGNIZED BY LAW FROM DIVIDING FEES RECEIVED FOR PROFESSIONAL SERVICES AMONG THEMSELVES AS THEY DETERMINE.
24.
VIOLATING ANY FEDERAL OR STATE STATUTE, RULE OR REGULATION THAT APPLIES TO THE PRACTICE OF CHIROPRACTIC.
25.
FILING AN ANONYMOUS COMPLAINT AGAINST ANOTHER LICENSEE.
B.
THE BOARD MAY NOT ADOPT RULES THAT ALTER OR AMEND UNPROFESSIONAL CONDUCT AS PRESCRIBED IN SUBSECTION A OF THIS SECTION.
Sec.
3.
Section 32-904, Arizona Revised Statutes, is amended to read:
32-904.
Powers and duties of the board;
rules;
removal of executive director A.
The board may administer oaths, summon witnesses and take testimony on matters within its THE BOARD'S powers and duties.
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1021 B.
The board shall:
1.
Adopt a seal, which shall be affixed to licenses issued by the board.
2.
Adopt rules that are necessary and proper for the enforcement of this chapter.
3.
Adopt rules regarding chiropractic assistants who assist a doctor of chiropractic, and the board shall determine the qualifications and regulation of chiropractic assistants who are not otherwise licensed by law.
4.
At least once each fiscal year and before establishing the amount of a fee for the subsequent fiscal year, review the amount of each fee authorized in this chapter in a public hearing.
5.
DEVELOP POLICIES AND PROCEDURES FOR DETERMINING WHEN THE BOARD WILL REQUIRE A LICENSEE TO UNDERGO PSYCHOSEXUAL EVALUATIONS AND HOW THE BOARD WILL USE THE EVALUATION RESULTS.
All notices listed in subsection B of this section, except the notices under subsection B, paragraphs 1, 5, 9, 10, 11, 12, 13, 14, and 15 AND 16 of this section, must include a preamble and the full text of the rule being proposed, amended, renumbered or repealed.
A copy of the rules ADOPTED PURSUANT TO THIS SECTION shall be filed with the secretary of state upon ON adoption as provided by law.
The register shall be published electronically for free.
THE BOARD SHALL TERMINATE THE EXECUTIVE DIRECTOR OF THE BOARD FOR ANY OF THE FOLLOWING:
The secretary of state shall establish a commercial-use fee pursuant to section 39-121.03.
1.
Any paper subscription in place at the end of fiscal year 2016-2017 shall be honored until the subscription expires.
SUBPOENAING INFORMATION THAT IS UNRELATED TO A COMPLAINT ALLEGATION.
2.
FAILING TO REFER TO THE APPROPRIATE LAW ENFORCEMENT AGENCY A COMPLAINT OR INFORMATION INDICATING THAT A LICENSEE OR CERTIFICATE HOLDER MAY HAVE COMMITTED A MISDEMEANOR OR FELONY WITHIN TWO BUSINESS DAYS AFTER RECEIVING THE COMPLAINT OR INFORMATION.
3.
ADVOCATING IN SUPPORT OF 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.
Sec.
4.
Title 32, chapter 8, article 1, Arizona Revised Statutes, is amended by adding section 32-904.01, to read:
32-904.01.
Conflict of interest requirements;
annual trainings on conflict of interest, open meetings and board authority A.
EACH BOARD MEMBER AND EMPLOYEE, ON APPOINTMENT OR HIRE, SHALL COMPLETE A CONFLICT-OF-INTEREST DISCLOSURE FORM, INCLUDING AN ATTESTATION THAT NO CONFLICT EXISTS, IF APPLICABLE, AND SHALL UPDATE THE DISCLOSURE FORM ANNUALLY.
B.
THE BOARD SHALL RETAIN ALL CONFLICT-OF-INTEREST DISCLOSURE FORMS AND MAKE THE DISCLOSURE FORMS AND MEETING MINUTES AVAILABLE TO THE PUBLIC ON REQUEST.
C.
EACH BOARD MEMBER AND EMPLOYEE, ON HIRE OR APPOINTMENT AND ANNUALLY THEREAFTER, SHALL COMPLETE A TRAINING APPROVED BY THE ATTORNEY GENERAL'S OFFICE ON THE FOLLOWING:
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1021 1.
CONFLICT-OF-INTEREST REQUIREMENTS, PROCESSES AND DISCLOSURE FORMS, INCLUDING HOW THIS STATE'S CONFLICT-OF-INTEREST REQUIREMENTS RELATE TO THEIR INDIVIDUAL ROLES AND RESPONSIBILITIES.
2.
OPEN MEETINGS LAW REQUIREMENTS.
3.
THE BOARD'S AUTHORITY TO INVESTIGATE COMPLAINTS AND ISSUE SUBPOENAS.
Sec.
5.
Section 32-905, Arizona Revised Statutes, is amended to read:
32-905.
Executive director of board;
duties;
prohibitions;
other personnel;
immunity A.
Subject to title 41, chapter 4, article 4, the board shall appoint an executive director who is not a member of the board and who shall serve SERVES at the pleasure of the board.
B.
The executive director shall:
1.
Keep a record of the proceedings of the board.
2.
Collect all monies due and payable to the board.
3.
Deposit, pursuant to sections 35-146 and 35-147, all monies received by the board in the board of chiropractic examiners fund.
4.
Prepare bills for authorized expenditures of the board and obtain warrants from the director of the department of administration for payment of bills.
5.
Administer oaths.
6.
Act as custodian of the seal, books, minutes, records and proceedings of the board.
7.
At the request of the board, do and perform any other duty not prescribed for the executive director elsewhere in this chapter.
8.
ENSURE THAT THE BOARD FOLLOWS ALL APPLICABLE LAWS AND RULES AND COMPLIES WITH ALL REPORTING REQUIREMENTS.
9.
ADVISE THE BOARD IF ANY CONTEMPLATED ACTION IS BEYOND THE SCOPE OF THE AUTHORITY GRANTED TO THE BOARD PURSUANT TO THIS CHAPTER.
THE EXECUTIVE DIRECTOR MAY PROVIDE THE ADVICE IN EXECUTIVE SESSION, BUT IF THE BOARD DISREGARDS THE ADVICE THE EXECUTIVE DIRECTOR SHALL STATE POTENTIAL CONCERNS IN AN OPEN MEETING OF THE BOARD.
10.
PREPARE AND MAINTAIN A DISCIPLINE MATRIX FOR USE BY THE BOARD TO ENSURE THAT ALL LICENSEES ARE TREATED CONSISTENTLY, TO THE BEST OF THE BOARD'S ABILITY, BASED ON THE SPECIFIC ALLEGATION AT ISSUE, WHEN THE BOARD CONTEMPLATES IMPOSING ANY FORM OF DISCIPLINE.
THE MATRIX MUST BRIEFLY OUTLINE MATERIAL FACTS OF ALL PAST CASES IN WHICH DISCIPLINE WAS IMPOSED WITHOUT IDENTIFYING ANY SPECIFIC LICENSEE OR COMPLAINANT OTHER THAN BY POTENTIAL FILE NUMBER OR OTHER REFERENCE AND MUST SPECIFY THE LEVEL OF DISCIPLINE IMPOSED.
THE MATRIX MUST BE AVAILABLE TO ANY LICENSEE AGAINST WHOM A COMPLAINT HAS BEEN FILED AND A FORMAL INVESTIGATION HAS BEEN OPENED, INCLUDING THE LICENSEE'S COUNSEL.
11.
CONSISTENT WITH THIS CHAPTER, CLASSIFY EACH COMPLAINT ON SUBMISSION TO THE BOARD ACCORDING TO POLICIES ADOPTED BY THE BOARD THAT - 6 - S.B.
1021 PRIORITIZE THE ALLOCATION OF BOARD RESOURCES AND THE INVESTIGATION AND ADJUDICATION OF COMPLAINTS.
C.
THE EXECUTIVE DIRECTOR MAY NOT:
1.
ADVOCATE 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.
2.
ENCOURAGE LICENSEES OR THE PUBLIC TO SUPPORT OR OPPOSE ANY LEGISLATION.
C.
D.
Subject to title 41, chapter 4, article 4, the board may employ other personnel as it deems necessary to carry out the purposes of this chapter.
D.
For the purposes of this section, full text publication in the register includes new, amended, renumbered, repealed and existing language that an agency deems necessary for the proper understanding of a rule notice.
The executive director and a ANY person acting pursuant to the executive director's direction is ARE personally immune from civil liability for all actions taken in good faith pursuant to this chapter.
Rules that are undergoing extensive revision may be reprinted in whole.
Existing rule language that is not required for understanding shall be omitted and marked "no change".
6.
Section 32-921, Arizona Revised Statutes, is amended to read:
32-921.
Application for license;
qualifications of applicant;
fee;
background investigations A.
A person who wishes to practice chiropractic in this state shall submit a complete application to the board at least forty-five days before the next scheduled examinations on a form and in the manner prescribed by the board.
B.
To be eligible for an examination and licensure, the applicant shall:
1.
Be a graduate of a chiropractic college that both:
(a) Is accredited by or has status with the council on chiropractic education or is accredited by an accrediting agency recognized by the United States department of education or the council on postsecondary accreditation.
(b) Teaches a resident course of four years of not less than nine months each year, or the equivalent of thirty-six months of continuous study, and that comprises not less than four thousand credit hours of resident study required to receive a degree of doctor of chiropractic (D.C.).
Title 41, chapter 7, article 10.1, Arizona Revised Statutes, is amended by adding section 41-1279.08, to read:
Be physically and mentally able to practice chiropractic skillfully and safely.
41-1279.08.
3.
Health profession regulatory boards;
Have a certificate of attainment for part I and part II and a score of three hundred seventy-five or more on part III or IV of the examination conducted by the national board of chiropractic examiners.
evidence of criminal activity;
C.
notification requirement;
The board may refuse to give an examination or may deny licensure to an applicant who:
investigations;
1.
reporting requirements;
Fails to qualify for an examination or licensure under subsection B of this section.
letters of dissent;
2.
Has had a license to practice chiropractic refused, revoked, suspended or restricted by a regulatory board in this or any other - 7 - S.B.
1021 jurisdiction for any act that constitutes unprofessional conduct pursuant to this chapter.
3.
Is currently under investigation by a regulatory board in this or any other jurisdiction for an act that constitutes unprofessional conduct pursuant to this chapter.
4.
Has surrendered a license to practice chiropractic in lieu of disciplinary action by a regulatory board in this or any other jurisdiction for an act that constitutes unprofessional conduct pursuant to this chapter.
5.
Has engaged in any conduct that constitutes grounds for disciplinary action pursuant to section 32-924 32-900.01 or board rules.
D.
On applying, the applicant shall pay to the executive director of the board a nonrefundable fee of not more than $325 as established by the board.
The board shall keep a register of all applicants and the result of each examination.
E.
In order to determine an applicant's eligibility for examination and licensure, the board may SHALL require the applicant to submit a full set of fingerprints to the board.
The board shall submit the fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.
The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
The board shall charge each applicant a fee that is necessary to cover the cost of the investigation.
The board shall forward this fee to the department of public safety.
Sec.
7.
Section 32-923, Arizona Revised Statutes, is amended to read:
32-923.
Change of address;
annual renewal fee;
failure to renew;
waivers;
IF, DURING A SUNSET REVIEW, PERFORMANCE AUDIT OR SPECIAL AUDIT OR ANY OTHER AUDIT OR INVESTIGATION CONDUCTED PURSUANT TO THIS ARTICLE, THE AUDITOR GENERAL FINDS EVIDENCE THAT A MEMBER, THE EXECUTIVE DIRECTOR OR ANY STAFF MEMBER OF A HEALTH PROFESSION REGULATORY BOARD POTENTIALLY ENGAGED IN CRIMINAL ACTIVITY, INCLUDING FRAUD, EMBEZZLEMENT, MISUSE OF PUBLIC MONIES, BRIBERY, FORGERY OR A CONFLICT OF INTEREST VIOLATION OF TITLE 38, CHAPTER 3, ARTICLE 8, THE AUDITOR GENERAL SHALL:
Every EACH person who is licensed pursuant to this chapter shall notify the board in writing of any change in residence or office address and telephone number within thirty days after that change.
The board shall impose a penalty of $50 on a licensee who does not notify the board as required by this subsection.
B.
Except as provided in section 32-4301, every EACH person who is licensed to practice chiropractic in this state shall annually make a renewal application to the board before the last day of the licensee's birth month after original issuance of a license and shall pay a renewal license fee of not more than $225 as established by the board.
The renewal application shall be made on a form and in a manner prescribed by the board.
At least thirty days before the renewal application and renewal fee are due, the board shall send by first class mail a renewal application and notice requiring license renewal and payment of the renewal fee.
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1021 C.
The board shall administratively suspend a license automatically AFTER NINETY DAYS if the licensee does not submit a complete application for renewal and pay the renewal license fee as required by this section.
IF THE LICENSEE COMPLETES THE RENEWAL APPLICATION AND PAYS THE RENEWAL LICENSE FEE WITHIN NINETY DAYS AFTER THE DUE DATE, THE LICENSEE'S RENEWAL LICENSE SHALL BE BACKDATED TO THE EXPIRATION DATE OF THE LICENSE.
D.
The board may reinstate a license if the person completes an application for reinstatement as prescribed by the board, complies with the continuing education requirements for each year that the license was suspended, pays the annual renewal license fee for each year that the license was suspended and pays an additional fee of $200.
An applicant who does not request reinstatement within two years after the date of suspension shall apply for a license as a new candidate pursuant to section 32-921 or 32-922.01.
E.
The board may waive the annual renewal license fee if a licensee presents evidence satisfactory to the board that the licensee has permanently retired from the practice of chiropractic and has paid all fees required by this chapter before the waiver.
F.
During the period of waiver the retired licensee shall not engage in the practice of chiropractic.
A violation of this subsection subjects the retired licensee to the same penalties as are imposed in this chapter on a person who practices chiropractic without a license.
G.
The board may reinstate a retired licensee to active practice on payment of the annual renewal license fee and presentation of evidence satisfactory to the board that the retired licensee is professionally able to engage in the practice of chiropractic and still possesses the professional knowledge required.
After a hearing, the board may refuse to reinstate a retired licensee to active practice under this subsection on any of the grounds prescribed in section 32-924 32-900.01.
H.
For the purposes of this section, "administratively suspend" means a nondisciplinary action that is imposed for failure to renew a license and that requires the licensee to suspend practice until renewal requirements are met.
Sec.
8.
Section 32-924, Arizona Revised Statutes, is amended to read:
32-924.
Complaints;
investigations;
hearing;
civil penalty A.
The following are grounds for disciplinary action, regardless of where they occur:
IMMEDIATELY NOTIFY IN WRITING THE COMMITTEE, THE GOVERNOR, THE PRESIDENT OF THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE ATTORNEY GENERAL OF THE FINDINGS.
Employment of fraud or deception in securing a license.
TRANSMIT A COPY OF THE RELEVANT AUDIT FINDINGS AND SUPPORTING EVIDENCE TO THE ATTORNEY GENERAL.
Practicing chiropractic under a false or assumed name.
3.
Impersonating another practitioner.
4.
Habitual use of alcohol, narcotics or stimulants to the extent of incapacitating the licensee for the performance of professional duties.
5.
Unprofessional or dishonorable conduct of a character likely to deceive or defraud the public or tending to discredit the profession.
- 9 - S.B.
1021 6.
Conviction of a misdemeanor involving moral turpitude or of a felony.
7.
Gross malpractice, repeated malpractice or any malpractice resulting in the death of a patient.
8.
Representing that a manifestly incurable condition can be permanently cured, or that a curable condition can be cured within a stated time, if this is not true.
9.
Offering, undertaking or agreeing to cure or treat a condition by a secret means, method, device or instrumentality.
10.
Refusing to divulge to the board on demand the means, method, device or instrumentality used in the treatment of a condition.
11.
Giving or receiving or aiding or abetting the giving or receiving of rebates, either directly or indirectly.
12.
Acting or assuming to act as a member of the board if this is not true.
13.
Advertising in a false, deceptive or misleading manner.
14.
Having had a license refused, revoked or suspended by any other state or country, unless it can be shown that the action was not taken for reasons that relate to the ability to safely and skillfully practice chiropractic or to any act of unprofessional conduct.
15.
Any conduct or practice contrary to recognized standards in chiropractic or any conduct or practice that constitutes a danger to the health, welfare or safety of the patient or the public or any conduct, practice or condition that impairs the ability of the licensee to safely and skillfully practice chiropractic.
16.
Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any of the provisions of this chapter or any board order.
17.
Failing to sign the physician's name, wherever required, in any capacity as "chiropractic doctor", "chiropractic physician" or "doctor of chiropractic" or failing to use and affix the initials "D.C." after the physician's name.
18.
Failing to place or cause to be placed the word or words "chiropractic", "chiropractor", "chiropractic doctor" or "chiropractic physician" in any sign or advertising media.
19.
Using physical medicine modalities and therapeutic procedures without passing an examination in that subject and without being certified in that specialty by the board.
20.
Using acupuncture without passing an examination in that subject and without being certified in that specialty by the board.
21.
Engaging in sexual intercourse or oral sexual contact with a patient in the course of treatment.
22.
Billing or otherwise charging a patient or third-party payor for services, appliances, tests, equipment, an x-ray examination or other procedures not actually provided.
- 10 - S.B.
1021 23.
Intentionally misrepresenting to or omitting a material fact from the patient or third-party payor concerning charges, services, appliances, tests, equipment, an x-ray examination or other procedures offered or provided.
24.
Advertising chiropractic services, appliances, tests, equipment, x-ray examinations or other procedures for a specified price without also specifying the services, procedures or items included in the advertised price.
25.
Advertising chiropractic services, appliances, tests, equipment, x-ray examinations or other procedures as free without also disclosing what services or items are included in the advertised service or item.
26.
Billing or charging a patient or third-party payor a higher price than the advertised price in effect at the time the services, appliances, tests, equipment, x-ray examinations or other procedures were provided.
27.
Advertising a specialty or procedure that requires a separate examination or certificate of specialty, unless the licensee has satisfied the applicable requirements of this chapter.
28.
Solicitation by the licensee or by the licensee's compensated agent of any person who is not previously known by the licensee or the licensee's agent, and who at the time of the solicitation is vulnerable to undue influence, including any person known to have experienced any of the following within the last fifteen days:
(a) Involvement in a motor vehicle accident.
(b) Involvement in a work-related accident.
(c) Injury by, or as the result of actions of, another person.
IF THE ATTORNEY GENERAL DETERMINES THAT A CONFLICT OF INTEREST EXISTS THAT PROHIBITS THE ATTORNEY GENERAL FROM INVESTIGATING THE AUDIT FINDINGS TRANSMITTED PURSUANT TO SUBSECTION A OF THIS SECTION, THE ATTORNEY GENERAL SHALL REFER THE COMPLAINT TO A COUNTY ATTORNEY FOR INVESTIGATION.
A.
THE ATTORNEY GENERAL OR, IF APPLICABLE, THE COUNTY ATTORNEY - 2 - S.B.
The board on its own motion or on receipt of a complaint may investigate any information that appears to show that a doctor of chiropractic is or may be in violation of this chapter or board rules or is or may be mentally or physically unable to safely engage in the practice of chiropractic.
1021 WHO RECEIVES THE REFERRAL PURSUANT THIS SUBSECTION SHALL MAKE A WRITTEN REPORT OF FINDINGS AND CONCLUSIONS AS A RESULT OF THE INVESTIGATION WITHIN THIRTY DAYS AFTER RECEIPT OF THE FINDINGS OR REFERRAL AND SHALL PROVIDE A COPY OF THE REPORT TO THE MEMBERS OF THE COMMITTEE.
The board shall notify the licensee as to the content of the complaint as soon as is reasonable.
Any person who reports or provides information to the board in good faith is not subject to civil damages as a result of that action.
THE SCOPE OF AN INVESTIGATION PURSUANT TO THIS SECTION IS LIMITED 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.
CONCURRENT WITH THE INVESTIGATION PURSUANT TO SUBSECTION B OF THIS SECTION BY THE ATTORNEY GENERAL OR, IF APPLICABLE, THE COUNTY ATTORNEY WHO RECEIVES THE REFERRAL PURSUANT TO SUBSECTION B OF THIS SECTION, THE COMMITTEE, IN COORDINATION WITH THE AUDITOR GENERAL, SHALL DO ALL OF THE FOLLOWING:
B.
The board may require a licensee WHO IS under investigation pursuant to this section to be interviewed by the board or its representatives.
The board may require a licensee who is under investigation pursuant to this section to undergo, at the licensee's expense, any combination of medical, physical or mental examinations that the board finds necessary to determine the licensee's competence.
D.
C.
If the board finds based on the information it receives under subsections B A and C B of this section that the public health, - 11 - S.B.
1021 safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, the board may order a summary suspension of a license pending proceedings for revocation or other action.
If the board takes this action, it THE BOARD shall also serve the licensee with a written notice that states the charges and that the licensee is entitled to a formal hearing within sixty days.
E.
D.
If, after completing its investigation, the board finds that the information provided pursuant to this section is not of sufficient seriousness to merit disciplinary action against the licensee, it THE BOARD may take any of the following actions:
REVIEW THE AUDITOR GENERAL'S FINDINGS AND ANY RELATED EVIDENCE.
Dismiss the complaint if in the board's opinion the information is without merit or does not warrant sanction of the licensee.
EXAMINE THE ADMINISTRATIVE, REGULATORY AND OPERATIONAL PRACTICES OF THE HEALTH PROFESSION REGULATORY BOARD THAT CONTRIBUTED TO OR ALLOWED THE POTENTIAL CRIMINAL ACTIVITY.
Issue an advisory letter.
An advisory letter is a nondisciplinary action and is a public document.
EVALUATE THE HEALTH PROFESSION REGULATORY BOARD'S COMPLIANCE WITH STATUTES, RULES AND POLICIES.
Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.
Failure to complete a nondisciplinary order requiring continuing education is a violation of subsection A, paragraph 16 of this section.
F.
E.
The board may request a formal interview with the licensee concerned.
At a formal interview the board may receive and consider pertinent documents and sworn statements of persons who may be called as witnesses in a formal hearing.
THE BOARD MAY NOT SUBPOENA INFORMATION RELATED TO A LICENSEE'S PERSONAL FINANCES.
Legal counsel may be present and participate in the formal interview.
If the licensee refuses the request or if the licensee accepts the request and the results of the interview indicate suspension or revocation of the license may be in order, the board shall issue a complaint and order that a hearing be held pursuant to title 41, chapter 6, article 10.
If, after the formal interview, the board finds that the information provided pursuant to this section is true but is not of sufficient seriousness to merit suspension or revocation of the license, it THE BOARD may take any of the following actions:
1.
Dismiss the complaint if in the board's opinion the information is without merit or does not warrant sanction of the licensee.
2.
Issue an advisory letter.
An advisory letter is a nondisciplinary action and is a public document.
3.
Issue an order to cease and desist.
RECOMMEND LEGISLATIVE CHANGES, BOARD REFORMS, PERSONNEL ACTIONS OR OTHER MEASURES TO PREVENT RECURRENCE.
Issue a letter of concern.
ISSUE A REPORT WITH FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE AUDITOR GENERAL'S NOTIFICATION PURSUANT TO SUBSECTION A OF THIS SECTION, WITH UPDATES AS NECESSARY.
Issue an order of censure.
An order of censure is an official action against the licensee and may include a requirement for restitution of fees to a patient resulting from a violation of this chapter or board rules.
- 12 - S.B.
1021 6.
Fix a period and terms of probation best adapted to protect the public health and safety and to rehabilitate or educate the licensee.
Any costs incidental to the terms of probation are at the licensee's own expense.
Probation may include restrictions on the licensee's license to practice chiropractic.
7.
Impose a civil penalty of not more than one thousand dollars $1,000 for each violation of this chapter.
8.
Refuse to renew a license.
9.
Issue a disciplinary or nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.
F.
THE BOARD MAY EXTEND THE TIME TO INVESTIGATE A LICENSEE IF EITHER OF THE FOLLOWING APPLIES:
1.
THE COMPLAINT RELATES TO THE IMPROPER SEXUAL CONDUCT OF THE LICENSEE.
2.
BOTH OF THE FOLLOWING APPLY:
(a) THE LICENSEE AGREES TO THE PROPOSED EXTENSION.
(b) THE BOARD HAS DILIGENTLY PURSUED AN INVESTIGATION WITHIN THE TIME FRAME PRESCRIBED PURSUANT TO THIS CHAPTER FOR COMPLAINTS INVOLVING ALLEGATIONS OR VIOLATIONS OF UNPROFESSIONAL CONDUCT OR MALPRACTICE THAT IMPLICATES PATIENT SAFETY.
G.
UNLESS THE BOARD EXTENDS THE TIME TO INVESTIGATE PURSUANT TO SUBSECTION F OF THIS SECTION, AN INVESTIGATION AND INITIAL REVIEW OF A COMPLAINT SHALL BE COMPLETED WITHIN NINETY DAYS AFTER THE COMPLAINT IS FILED.
IF THE BOARD DETERMINES THAT A FORMAL HEARING IS REQUIRED, THE BOARD SHALL MAKE A FINAL DECISION WITHIN TWO HUNDRED TWENTY DAYS AFTER THE COMPLAINT IS FILED.
IF THE BOARD HAS NOT MADE A FINAL DECISION ON A COMPLAINT AFTER TWO HUNDRED TWENTY DAYS, THE COMPLAINT IS DEEMED ADMINISTRATIVELY CLOSED.
G.
H.
If the board believes the charge is of such magnitude as to warrant suspension or revocation of the license, the board shall immediately initiate formal revocation or suspension proceedings pursuant to title 41, chapter 6, article 10.
The board shall notify a licensee of a complaint and hearing by certified mail addressed to the licensee's last known address on record in the board's files.
The notice of a complaint and hearing is effective on the date of its deposit in the mail.
The board shall hold a formal hearing within one hundred eighty days after that date.
H.
I.
If the licensee wishes to be present at the formal hearing in person or by representation, or both, the licensee shall file with the board a written answer to the charges in the complaint.
A licensee who has been notified of a complaint pursuant to this section shall file with the board a written response not more than twenty days after service of - 13 - S.B.
1021 the complaint and the notice of hearing.
If the licensee fails to file an answer in writing, it is deemed an admission of the act or acts charged in the complaint and notice of hearing and the board may take disciplinary action pursuant to this chapter without a hearing.
I.
J.
Any licensee who, after a hearing, is found to be in violation of this chapter or board rules or is found to be mentally or physically unable to safely engage in the practice of chiropractic is subject to any combination of those disciplinary actions identified in subsection F of this section or suspension or revocation of the license.
In addition, the board may order the licensee to pay restitution or all costs incurred in the course of the investigation and formal hearing in the matter, or both.
K.
IF A COURT OF COMPETENT JURISDICTION FINDS THAT THE BOARD ACTED CAPRICIOUSLY AGAINST A LICENSEE WITHOUT MERIT AND IN VIOLATION OF THIS CHAPTER, THE RULES ADOPTED PURSUANT TO THIS CHAPTER OR THE BOARD'S POLICIES OR PROCEDURES, THE LICENSEE IS ENTITLED TO RESTITUTION FOR ALL COSTS INCURRED RELATING TO THE MATTER IN THE COURSE OF THE INVESTIGATION OR THE FORMAL HEARING PROCESS, OR BOTH.
J.
L.
The board shall report allegations of evidence of criminal wrongdoing to the appropriate criminal justice agency.
K.
M.
The board may accept the surrender of an active license from a licensee who admits in writing to having violated this chapter or board rules.
L.
For the purposes of this section, "solicitation" includes contact in person, by telephone, telegraph or telefacsimile or by other communication directed to a specific recipient and includes any written form of communication directed to a specific recipient.
Sec.
9.
Title 32, chapter 8, article 2, Arizona Revised Statutes, is amended by adding section 32-924.01, to read:
32-924.01.
Criminal complaints;
referrals;
time frame;
board notification A.
IF THE BOARD RECEIVES A COMPLAINT OR INFORMATION INDICATING THAT A LICENSEE OR CERTIFICATE HOLDER MAY HAVE COMMITTED A MISDEMEANOR OR FELONY OFFENSE, THE BOARD SHALL REFER THE MATTER TO THE APPROPRIATE LAW ENFORCEMENT AGENCY WITHIN TWO BUSINESS DAYS AFTER RECEIVING THE COMPLAINT OR INFORMATION.
THE BOARD DOES NOT NEED TO OBTAIN THE COMPLAINANT'S CONSENT OR SUBSTANTIATE THE COMPLAINT BEFORE REFERRING THE COMPLAINT TO LAW ENFORCEMENT.
IF THE BOARD FINDS, BASED ON THE COMPLAINT OR INFORMATION THAT THE BOARD REFERS TO A LAW ENFORCEMENT AGENCY, THAT THE PUBLIC HEALTH, SAFETY OR WELFARE REQUIRES EMERGENCY ACTION, THE BOARD MAY RESTRICT, LIMIT OR ORDER A SUMMARY SUSPENSION OF THE LICENSEE'S LICENSE OR CERTIFICATE HOLDER'S CERTIFICATE PENDING ACTION BY THE LAW ENFORCEMENT AGENCY.
B.
THE LAW ENFORCEMENT AGENCY THAT RECEIVES THE COMPLAINT OR INFORMATION PURSUANT TO SUBSECTION A OF THIS SECTION SHALL INFORM THE - 14 - S.B.
1021 BOARD OF THE OUTCOME OF THE LAW ENFORCEMENT AGENCY'S INVESTIGATION AND WHETHER CHARGES ARE FILED AGAINST THE LICENSEE OR CERTIFICATE HOLDER WHO IS THE SUBJECT OF THE COMPLAINT.
CONCURRENT WITH THE LAW ENFORCEMENT AGENCY'S INVESTIGATION, THE BOARD MAY INVESTIGATE WHETHER THE COMPLAINT OR INFORMATION THAT WAS REFERRED TO THE LAW ENFORCEMENT AGENCY CONSTITUTES A VIOLATION OF UNPROFESSIONAL CONDUCT PURSUANT TO SECTION 32-900.01 AGAINST THE LICENSEE OR CERTIFICATE HOLDER WHO IS THE SUBJECT OF THE COMPLAINT.
Sec.
10.
Section 32-929, Arizona Revised Statutes, is amended to read:
32-929.
Right to examine and copy evidence;
summoning witnesses and documents;
taking testimony;
right to counsel;
court orders;
confidentiality A.
EXCEPT AS PROVIDED IN SECTION 32-924, SUBSECTION E, in connection with an investigation by the board on its own motion, the board or its duly authorized agents or employees shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documents, reports, records or any other physical evidence of any person being investigated, or the reports, records and any other documents maintained by and in possession of any hospital, clinic, physician's office, laboratory, pharmacy or any other public or private agency, and any health care institution as defined in section 36-401, if such documents, reports, records or evidence relate to chiropractic competence, unprofessional conduct or the mental or physical ability of a doctor of chiropractic to safely practice chiropractic.
B.
For the purpose of all investigations and proceedings conducted by the board:
1.
EXCEPT AS PROVIDED IN SECTION 32-924, SUBSECTION E, the board on its own initiative, or upon ON application of any person involved in the investigation, may issue subpoenas compelling the attendance and testimony of witnesses, or demanding the production for examination or copying of documents or any other physical evidence if such evidence relates to chiropractic competence, unprofessional conduct or the mental or physical ability of a doctor of chiropractic to safely practice chiropractic.
Within five days after the service of a subpoena on any person requiring the production of any evidence in his THE PERSON'S possession or under his THE PERSON'S control, such THE person may petition the board to revoke, limit or modify the subpoena.
The board shall revoke, limit or modify such A subpoena if in its opinion the evidence required does not relate to unlawful practices covered by this chapter, is not relevant to the charge which THAT is the subject matter of the hearing or investigation or does not describe with sufficient particularity the physical evidence whose production is required.
2.
Any person appearing before the board may be represented by counsel.
- 15 - S.B.
1021 3.
The superior court, upon ON application by the board or by the person subpoenaed, shall have jurisdiction to issue an order either:
(a) Requiring such THE person to appear before the board or the duly authorized agent to produce evidence relating to the matter under investigation.
(b) Revoking, limiting or modifying the subpoena if in the court's opinion the evidence demanded does not relate to unlawful practices covered by this chapter, is not relevant to the grounds for censure, suspension, revocation, fines or refusal to issue a license pursuant to section 32-924 which 32-900.01 THAT is the subject matter of the hearing or investigation, or does not describe with sufficient particularity the evidence whose production is required.
Any failure to obey such AN order of the court may be punished by such THE court as contempt.
C.
Patient records, including clinical records, medical reports, laboratory statements and reports, any file, film, any other report or oral statement relating to examinations, findings or treatment of patients, any information from which a patient or his THE PATIENT'S family might be identified or information received and records kept by the board as a result of the investigation procedure outlined in this chapter are not available to the public.
IF, AFTER PERFORMING THE REVIEW, EXAMINATION AND EVALUATION PURSUANT TO SUBSECTION C OF THIS SECTION, THE COMMITTEE FINDS THAT THE HEALTH PROFESSION REGULATORY BOARD'S PRACTICES ARE BASED ON A MISINTERPRETATION OF THE LAW OR A RULE THAT IS BASED ON A MISINTERPRETATION OF THE LAW OR THAT THE HEALTH PROFESSION REGULATORY BOARD IS ACTING BEYOND ITS STATUTORY AUTHORITY, THE COMMITTEE MAY PREPARE A LETTER OF DISSENT EXPRESSING ITS FINDINGS.
Nothing in This section or AND any other provision of law making THAT MAKES communications between a chiropractic physician and his THE CHIROPRACTIC PHYSICIAN'S patient a privileged communication applies DO NOT APPLY to investigations or proceedings conducted pursuant to this chapter.
THE COMMITTEE SHALL FILE THE LETTER OF DISSENT WITH THE SECRETARY OF STATE TO BE PUBLISHED IN THE REGISTER PURSUANT TO SECTION 41-1013.
The board and its employees, agents and representatives shall keep in confidence the names of any patients whose records are reviewed during the course of investigations and proceedings pursuant to this chapter.
Sec.
11.
Section 32-934, Arizona Revised Statutes, is amended to read:
32-934.
Business entities;
registration;
fees;
medical records protocol;
civil penalty;
exemptions;
violation;
classification A.
A business entity may not offer chiropractic services pursuant to this chapter unless:
1.
The entity is registered with the board pursuant to this section and rules adopted pursuant to this chapter.
2.
The services are conducted by a doctor of chiropractic who is licensed pursuant to this chapter.
B.
The business entity must file a registration application and pay a fee as prescribed by the board by rule.
C.
Registration expires on June 1 of each year.
A business entity that wishes to renew a registration must submit an application for renewal as prescribed by the board on an annual basis before the expiration date and pay a renewal fee as prescribed by the board by rule.
The board shall - 16 - S.B.
1021 prorate the renewal fee for the first year registration renewal based on the first day of the month that the business entity was registered with the board.
An entity that fails to renew the registration before the expiration date is subject to a late fee as prescribed by the board by rule.
D.
A business entity must notify the board in writing within thirty days after any change:
1.
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Action History

  1. FAILED

  2. DPA

  3. DPA/SE

  4. House Second Reading

  5. House First Reading.

  6. Transmit to House

  7. PASSED

  8. PASSED

  9. FAILED

  10. DP

  11. DP

  12. Senate Second Reading

  13. Senate First Reading

  14. Prefiled.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 92 not signed on · 50 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

Show all 92 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

failed to pass

Failed 22 Yea · 35 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 02502
Republican 221001
Total 223503
% of votes cast 37%58%0%5%
How each member voted (60)
Member Party Vote
Aaron Márquez Democrat Nay
Alma Hernandez Democrat Nay
Anna Abeytia Democrat Nay
Betty J Villegas Democrat Nay
Brian Garcia Democrat Nay
Cesar Aguilar Democrat Nay
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Nay
Elda Luna-Nájera Democrat Nay
Janeen Connolly Democrat Nay
Junelle Cavero Democrat Nay
Kevin Volk Democrat Nay
Lorena Austin Democrat Nay
Lupe Contreras Democrat Nay
Lydia Hernandez Democrat Nay
Mae Peshlakai Democrat Not Voting
Mariana Sandoval Democrat Nay
Myron Tsosie Democrat Nay
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Nay
Quantá Crews Democrat Nay
Sarah Liguori Democrat Nay
Seth Blattman Democrat Not Voting
Stacey Travers Democrat Nay
Stephanie Simacek Democrat Nay
Stephanie Stahl Hamilton Democrat Nay
Alexander Kolodin Republican Nay
Beverly Pingerelli Republican Nay
Chris Lopez Republican Yea
Cody Reim Republican Nay
David Livingston Republican Yea
David Marshall, Sr. Republican Not Voting
Gail Griffin Republican Yea
James Taylor Republican Yea
Jeff Weninger Republican Yea
John Gillette Republican Nay
Julie Willoughby Republican Yea
Justin Olson Republican Nay
Justin Wilmeth Republican Yea
Khyl Powell Republican Nay
Laurin Hendrix Republican Nay
Leo Biasiucci Republican Yea
Lisa Fink Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michael Way Republican Nay
Michele Peña Republican Yea
Neal Carter Republican Yea
Nick Kupper Republican Yea
Pamela Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Nay
Ralph Heap Republican Nay
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Tony Rivero Republican Yea
Walt Blackman Republican Yea

Official roll call →

Passed

Passed 16 Yea · 14 Nay
Party YeaNayPresentNot Voting
Democrat 01300
Republican 16100
Total 161400
% of votes cast 53%47%0%0%
How each member voted (30)
Member Party Vote
Analise Ortiz Democrat Nay
Brian Fernandez Democrat Nay
Catherine Miranda Democrat Nay
Denise “Mitzi” Epstein Democrat Nay
Eva Diaz Democrat Nay
Flavio Bravo Democrat Nay
Kiana Sears Democrat Nay
Lauren Kuby Democrat Nay
Lela Alston Democrat Nay
Priya Sundareshan Democrat Nay
Rosanna Gabaldón Democrat Nay
Sally Ann Gonzales Democrat Nay
Theresa Hatathlie Democrat Nay
Carine Werner Republican Yea
David C. Farnsworth Republican Yea
David Gowan Republican Yea
Frank Carroll Republican Yea
Hildy Angius Republican Yea
J.D. Mesnard Republican Yea
Jake Hoffman Republican Nay
Janae Shamp Republican Yea
John Kavanagh Republican Yea
Kevin Payne Republican Yea
Mark Finchem Republican Yea
Shawnna Bolick Republican Yea
Thomas "T.J." Shope Republican Yea
Timothy "Tim" Dunn Republican Yea
Venden "Vince" Leach Republican Yea
Warren Petersen Republican Yea
Wendy Rogers Republican Yea

Official roll call →

failed to pass

Passed 14 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 01102
Republican 14201
Total 141303
% of votes cast 47%43%0%10%
How each member voted (30)
Member Party Vote
Analise Ortiz Democrat Nay
Brian Fernandez Democrat Nay
Catherine Miranda Democrat Nay
Denise “Mitzi” Epstein Democrat Nay
Eva Diaz Democrat Not Voting
Flavio Bravo Democrat Nay
Kiana Sears Democrat Nay
Lauren Kuby Democrat Nay
Lela Alston Democrat Nay
Priya Sundareshan Democrat Nay
Rosanna Gabaldón Democrat Nay
Sally Ann Gonzales Democrat Nay
Theresa Hatathlie Democrat Not Voting
Carine Werner Republican Yea
David C. Farnsworth Republican Yea
David Gowan Republican Nay
Frank Carroll Republican Yea
Hildy Angius Republican Yea
J.D. Mesnard Republican Yea
Jake Hoffman Republican Nay
Janae Shamp Republican Not Voting
John Kavanagh Republican Yea
Kevin Payne Republican Yea
Mark Finchem Republican Yea
Shawnna Bolick Republican Yea
Thomas "T.J." Shope Republican Yea
Timothy "Tim" Dunn Republican Yea
Venden "Vince" Leach Republican Yea
Warren Petersen Republican Yea
Wendy Rogers Republican Yea

Official roll call →

Subjects

healthcare labor
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Frequently asked questions

Who sponsors SB 1021?
SB 1021 is sponsored by Janae Shamp (Republican).
What is the current status of SB 1021?
This bill died with 57th Legislature - Second Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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