HB 2660 — health boards; licensure decisions; investigation

Senate Engrossed House BillEngrossed health boards;

-31. 8 - H.B.

2660 31.

(a)- Intentionally8 disclosing- aH.B. professional secret or intentionally disclosing a privileged communication except as either of these may otherwise be required by law.

2660 (a) Intentionally disclosing a professional secret or intentionally disclosing a privileged communication except as either of these may otherwise be required by law.

(p) Engaging in immorality or misconduct that tends to discredit the naturopathic profession.

2660 (p)(q) EngagingHaving ina immoralitylicense refused, revoked or misconductsuspended by any other state, district or territory of the United States or any other country, unless it can be shown that tendsthis action was not due to discreditreasons that relate to the ability to safely and skillfully practice as a doctor of naturopathic profession.medicine or to any act of unprofessional conduct in this paragraph.

(q) Having a license refused, revoked or suspended by any other state, district or territory of the United States or any other country, unless it can be shown that this action was not due to reasons that relate to the ability to safely and skillfully practice as a doctor of naturopathic medicine or to any act of unprofessional conduct in this paragraph.

(aa) Falsely representing or holding oneself out as being a specialist or representation by a doctor of naturopathic medicine or the doctor's staff, employer or representative that the doctor is boarded or board certified if this is not true or that standing is not current.

2660 (aa)(bb) FalselyDelegating representingprofessional orduties holdingand oneselfresponsibilities outto as being a specialistperson orif representationthe byperson ahas doctornot ofbeen naturopathicapproved medicine or thequalified doctor'sby staff,licensure employer or representativeby thatcertification theto doctorperform isthese boardedduties or boardresponsibilities. certified if this is not true or that standing is not current.

(bb) Delegating professional duties and responsibilities to a person if the person has not been approved or qualified by licensure or by certification to perform these duties or responsibilities.

(kk) The failure of a physician who is the chief medical officer, the executive officer or the chief of staff of an internship, a preceptorship or a clinical training program to report in writing to the board that the privileges of a doctor of naturopathic medicine, a naturopathic medical student or a medical assistant have been denied, limited, revoked or suspended because that doctor's, student's or assistant's actions appear to indicate that the person is or may be -medically 11incompetent, -is H.B.or may be guilty of unprofessional conduct or is or may be unable to safely engage or assist in the practice of naturopathic medicine.

2660- medically11 incompetent,- isH.B. or may be guilty of unprofessional conduct or is or may be unable to safely engage or assist in the practice of naturopathic medicine.

2660 (ll) Having action taken against a doctor of naturopathic medicine by a licensing or regulatory board in another jurisdiction due to that doctor's mental or physical inability to engage safely in the practice of naturopathic medicine or the doctor's medical incompetence or for unprofessional conduct as defined by that licensing or regulatory board and that corresponds directly or indirectly to an act of unprofessional conduct prescribed by this paragraph.

-(uu) 12Prescribing, -dispensing H.B.or administering anabolic androgenic steroids for other than therapeutic purposes.

2660 (uu) Prescribing, dispensing or administering anabolic androgenic steroids for other than therapeutic purposes.

(ww)- Prescribing,12 dispensing- orH.B. furnishing a prescription medication or a prescription-only device as defined in section 32-1901 to a person unless the licensee first conducts a physical examination of that person or has previously established a doctor-patient relationship.

2660 (ww) Prescribing, dispensing or furnishing a prescription medication or a prescription-only device as defined in section 32-1901 to a person unless the licensee first conducts a physical examination of that person or has previously established a doctor-patient relationship.

-(i) 13The -medical H.B.records relied on by the physician to support the diagnosis or confirmed diagnosis of the patient's debilitating medical condition.

2660 (i) The medical records relied on by the physician to support the diagnosis or confirmed diagnosis of the patient's debilitating medical condition.

Sec.- 13 - H.B.

2660 Sec.

(i) THE NAME OF THE HEALTH PROFESSIONAL, THE HEALTH PROFESSIONAL'S LICENSE NUMBER AND THE DATE OF THE HEALTH PROFESSIONAL'S INITIAL LICENSURELICENSURE. WITH THE HEALTH PROFESSION REGULATORY BOARD.

-(iv) 14A -WRITTEN, H.B.SIGNED AFFIDAVIT BY THE EXECUTIVE DIRECTOR OF THE HEALTH PROFESSION REGULATORY 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 WRITTEN NOTICE OF CHARGES SUBMITTED PURSUANT TO ITEM (iii) OF THIS SUBDIVISION.

2660 (iv) A WRITTEN, SIGNED AFFIDAVIT BY THE EXECUTIVE DIRECTOR OF THE HEALTH PROFESSION REGULATORY 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 WRITTEN NOTICE OF CHARGES SUBMITTED PURSUANT TO ITEM (iii) OF THIS SUBDIVISION.

- 14 - H.B.

2660 3.

IF THE HEALTH PROFESSION REGULATORY BOARD TAKES AN ACTION AGAINST A HEALTH PROFESSIONAL'S LICENSE PURSUANT TO PARAGRAPH 2 OF THIS SECTION AND THE HEALTH PROFESSION REGULATORY BOARD FAILS TO FULFILL THE REQUIREMENTS OF PARAGRAPH 2, SUBDIVISION (a) OF THIS SECTION WITHIN THIRTY DAYS AFTER THE HEALTH PROFESSION REGULATORY BOARD'S DECISION AGAINST THE HEALTH PROFESSIONAL'S LICENSE, THE FOLLOWING APPLY:

(a) ONE OR MORE MEMBERS OF THE LEGISLATURE MAY REQUEST THAT THE ATTORNEY GENERAL INVESTIGATE ANY ACTION TAKEN BY THE HEALTH PROFESSION REGULATORY BOARD THAT THE MEMBER OR MEMBERS ALLEGE VIOLATES PARAGRAPH 2, SUBDIVISION (a) OF THIS SECTION.

IF THE ATTORNEY GENERAL DETERMINES THAT A CONFLICT OF INTEREST EXISTS THAT PROHIBITS THE ATTORNEY GENERAL FROM INVESTIGATING A COMPLAINT PURSUANT TO THIS SUBDIVISION, THE ATTORNEY GENERAL SHALL REFER THE COMPLAINT TO A COUNTY ATTORNEY FOR INVESTIGATION.

(b) THE ATTORNEY GENERAL OR, IF APPLICABLE, THE COUNTY ATTORNEY WHO RECEIVES THE REFERRAL PURSUANT TO SUBDIVISION (a) OF THIS PARAGRAPH SHALL MAKE A WRITTEN REPORT OF FINDINGS AND CONCLUSIONS AS A RESULT OF THE INVESTIGATION WITHIN THIRTY DAYS AFTER RECEIPT OF THE REQUEST AND SHALL PROVIDE A COPY OF THE REPORT TO THE MEMBERS OF THE JOINT LEGISLATIVE BUDGET COMMITTEE, THE MEMBERS OF THE JOINT LEGISLATIVE AUDIT COMMITTEE AND THE MEMBER OR MEMBERS OF THE LEGISLATURE WHO MADE THE ORIGINAL REQUEST.

(c) IF THE ATTORNEY GENERAL OR, IF APPLICABLE, THE COUNTY ATTORNEY WHO RECEIVED THE REFERRAL PURSUANT TO SUBDIVISION (a) OF THIS PARAGRAPH DETERMINES THAT THE HEALTH PROFESSION REGULATORY BOARD VIOLATED OR MAY HAVE VIOLATED PARAGRAPH 2, SUBDIVISION (a) OF THIS SECTION, THE JOINT LEGISLATIVE BUDGET COMMITTEE SHALL REVIEW THE WRITTEN REPORT WITHIN ONE YEAR AFTER RECEIVING THE WRITTEN REPORT AND MAKE RECOMMENDATIONS TO THE LEGISLATURE REGARDING ANY RECOMMENDED CHANGES.