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

SB 1588 — naturopathic physicians; board; investigations; scope

Last action — DP

  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 - First 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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

882 added · 1490 removed

Plain-language change summary

In the latest version of SB 1588, the focus has expanded to include not just naturopathic physicians but also chiropractors under the board's authority for investigations and conduct. This change means that the regulatory framework will apply more broadly to these health professionals, which could enhance accountability and oversight. It matters because it could lead to improved standards of care and safety for patients receiving treatments from both naturopathic physicians and chiropractors.

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Corrected Senate Engrossed naturopathic physicians;
S.B.
board;
1588 Shamp Floor Amendment Reference to:
investigations;
printed bill Amendment drafted by:
scope (now:
Leg Council FLOOR AMENDMENT EXPLANATION Chiropractic Unprofessional Conduct 1.
naturopathic physicians;
Prescribes that the following actions, occurring in Arizona or elsewhere, constitute unprofessional conduct for the purpose of disciplining a doctor of chiropractic (DC):
chiropractors;
a) failure to disclose, in writing, to a patient or third-party payor that the DC has a financial interestin a diagnostic or treatment facility, test, good or service when referring a patient for various services, as prescribed;
board;
b) knowingly providinga false or misleadingstatement or information to a patient, third-party payor;
conduct) State of Arizona Senate Fifty-seventh Legislature First Regular Session SENATE BILL 1588 AN ACT AMENDING SECTION 32-900, ARIZONA REVISED STATUTES;
c) failure to create and maintain adequate patient records as prescribed;
AMENDING TITLE 32, CHAPTER 8, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 32-900.01;
d) failure to provide a copy of requested patient records, free of charge, to a patient, patient's authorized agent or a licensed physician;
AMENDING SECTION 32-904, ARIZONA REVISED STATUTES;
e) misrepresentation of the DC's certification in a specialty area, academic or professional credentials;
AMENDING TITLE 32, CHAPTER 8, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 32-904.01;
f) failure to provide documentation of the DC's specialty certification, academic or professional credentials to a patient who requests such documentation;
AMENDING SECTIONS 32-905, 32-921, 32-923 AND 32-924, ARIZONA REVISED STATUTES;
g) practicing or billing for services under any name other than the name by which the DC is licensed by the Arizona Board of Chiropractic Examiners (Chiropractic Board), including a corporate, business or other licensed health care provider's name, without first notifying the Chiropractic Board in writing;
AMENDING TITLE 32, CHAPTER 8, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTION 32-924.01;
h) 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;
AMENDING SECTIONS 32-929, 32-934 AND 32-1504, ARIZONA REVISED STATUTES;
i) intentionally viewing a disrobed patient, not related to the patient's complaint, diagnoses or treatment;
RELATING TO HEALTH PROFESSIONALS.
j) intentionally misrepresenting the effectiveness of a treatment, diagnostic test or device;
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - S.B.
k) performing prohibited diagnostic procedures as prescribed;
1588 Be it enacted by the Legislature of the State of Arizona:
l) 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;
Section 1.
m) having a professional connection with an unlawful practitioner;
misrepresenting oneself as current or past Chiropractic Board personnel or claiming superiority in the practice of chiropractic;
Amendment explanation prepared by Kati Pratt 03/03/2025 n) having an action taken against the DC's license in another jurisdiction or having a license renewal denied due to unprofessional conduct;
o) directly or indirectly dividing a professional fee for patient referrals as prescribed;
p) violating any federal or state law, rule or regulation applicable to the practice of chiropractic;
q) habitually using or having habitually used alcohol, narcotics or stimulants to the extent of incapacitating the DC in performing professional duties;
and r) filing an anonymous complaint against another DC.
2.
Prohibits the Chiropractic Board from adopting any rule that may alter or amend unprofessional conduct, as outlined.
Chiropractic Board Executive Director 3.
Requires the Chiropractic 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 Chiropractic Board has taken a formal position on the proposal in a public meeting.
4.
Requires the Executive Director of the Chiropractic Board to:
a) ensure the Chiropractic Board follows all applicable laws and rules, and complies with all reporting requirements;
b) advise the Chiropractic Board of any contemplated actions that are outside of the Chiropractic Board's authority and to state the Executive Director's concern in open session if the Chiropractic 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.
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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 pursuant to Chiropractic Board policies to prioritize the allocation of Chiropractic Board resources and the investigation and adjudication of complaints.
5.
Prohibits the Executive Director of the Chiropractic Board from:
a) advocating in support of or against a legislative proposal in the Executive Director's official capacity until the Chiropractic 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.
- 2 - Chiropractic Board 6.
Requires each Chiropractic Board member and employee complete on appointment or hire a conflict-of-interest disclosure form, including an attestation that no conflict exists, if applicable.
7.
Requires the disclosure form be updated annually.
8.
Requires the Chiropractic Board retain all conflict-of-interest disclosure forms and make the disclosure forms and meeting minutes available to the public on request.
9.
Requires each Chiropractic 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 Chiropractic Board's authority to investigate complaints and issue subpoenas.
10.
Limits the scope of an investigation to the information contained in the initial complaint or the information that the Chiropractic Board has in its possession at the time of the Chiropractic Board's motion to investigate.
11.
Prohibits the Chiropractic Board from subpoenaing information related to a licensee's personal finances during an investigation.
12.
Requires the Chiropractic Board, if a disciplinary or nondisciplinary order requires a DC to complete continuing education requirements, to provide at least two choices of continuing education provider organizations, boards or associations that can satisfy the required courses.
13.
Requires the Chiropractic Board to complete an investigation and initial review within 90 days of receiving a complaint unless it extends the time to investigate.
14.
Allows the Chiropractic 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 Chiropractic 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.
15.
Requires the Chiropractic 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.
16.
Deems, if the Chiropractic Board has not made a final decision after the 220 days, the complaint is deemed administratively closed.
- 3 - 17.
Entitles a licensee to restitution for all costs incurred relating to an investigation and formal hearing process if the Chiropractic Board acted capriciously against the licensee.
18.
Requires the Chiropractic Board 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.
19.
Allows the Chiropractic Board to refer the complaint to law enforcement without obtaining the complainant's consent or substantiating the complaint.
20.
Allows the Chiropractic 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.
21.
Requires the law enforcement agency that received the complaint or information to inform the Chiropractic Board of the outcome of the law enforcement agency's investigation and whether charges are filed against the DC.
22.
Allows the Chiropractic Board to investigate the referred complaint or information to determine if it constitutes a violation of unprofessional conduct.
23.
Requires the Chiropractic Board 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.
24.
Requires, rather than allows the Chiropractic Board to require an applicant for licensure to submit a full set of fingerprints to the Board.
25.
Stipulates that, after 90 days, the Chiropractic Board must automatically suspend a license if the licensee does not submit a complete application for renewal and pay the renewal fee.
26.
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.
27.
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 Chiropractic Board.
Naturopathic Physicians Medical Board (Naturopathic Board) 28.
Removes the requirement for Executive Director of the Naturopathic Board to:
a) ensure that the Naturopathic Board follows all applicable laws and rules and complies with all reporting requirements;
b) advise the Naturopathic Board if any contemplated action is beyond the scope of the authority granted to the Board in accordance with the naturopathic medicine statutes;
- 4 - c) prepare and maintain a discipline matrix for use by the Naturopathic 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;
and d) classify, consistent with the naturopathic medicine statutes, each complaint on submission to the Naturopathic Board according to policies adopted by the Naturopathic Board that prioritize the allocation of Board resources and the investigation and adjudication of complaints.
29.
Removes the authority for the Executive Director of the Naturopathic Board to provide advice on the scope of the Board's authority in executive session.
30.
Removes the requirement for the Executive Director of the Naturopathic Board, if the information about the scope of the Naturopathic Board's authority is disregarded, to state potential concerns in an open meeting of the Naturopathic Board.
31.
Restores the authorization for the Naturopathic Board to make investigations it deems proper to adequately advise itself with respect to the qualifications of an applicant for a license to practice naturopathic medicine.
32.
Removes the limitation on the scope of an investigation, in accordance with a disciplinary action requirement, to the information contained in the initial complaint or the information that the Naturopathic Board has in its possession at the time of the Naturopathic Board's motion to investigate.
33.
Restores the restitution of fees to a patient after a period and term of probation that the Naturopathic Board may fix to a naturopathic doctor's license as a disciplinary action after an investigation.
34.
Removes the specification that evidence of a criminal violation uncovered during the course of a disciplinary investigation by the Naturopathic Board must be made available to the appropriate criminal justice agency for its consideration within 48 hours after the determination.
35.
Removes the statement that, if a court of competent jurisdiction finds that the Naturopathic Board acted capriciously against a licensee without merit and in violation of naturopathic medicine statutes, the adopted rules or the Naturopathic Board's policies or procedures, the licensee is entitled to restitution for all costs incurred related to the matter in the course of the investigation or formal hearing process, or both.
Miscellaneous 36.
Defines chiropractic physician as a natural person who holds a license to practice chiropractic pursuant to chiropractic statute.
37.
Defines member to include a doctor of chiropractic who is employed, contracted or otherwise affiliated with another DC.
38.
Defines patient safety as actions associated with chiropractic care that are taken to prevent errors and adverse effects to patients.
39.
Adds a statement of legislative intent.
- 5 - Fifty-seventh Legislature Shamp First Regular Session S.B.
1588 SHAMP FLOOR AMENDMENT SENATE AMENDMENTS TO S.B.
1588 (Reference to printed bill) Amendment instruction key:
[GREEN UNDERLINING IN BRACKETS] indicates text added to statute or previously enacted session law.
[Green underlining in brackets] indicates text added to new session law or text restoring existing law.
[GREEN STRIKEOUT IN BRACKETS] indicates new text removed from statute or previously enacted session law.
[Green strikeout in brackets] indicates text removed from existing statute, previously enacted session law or new session law.
<<Green carets>> indicate a section added to the bill.
<<Green strikeout in carets>> indicates a section removed from the bill.
The bill as proposed to be amended is reprinted as follows:
<<Section 1.
Senate Amendments to S.B.
5.
1588 5.
"Doctor of chiropractic" OR "CHIROPRACTIC PHYSICIAN" means a natural person who holds a license to practice chiropractic pursuant to this chapter.
"Doctor of chiropractic" [OR "CHIROPRACTIC PHYSICIAN"] means a natural person who holds a license to practice chiropractic pursuant to this chapter.
[7.
7.
"PATIENT SAFETY" MEANS ACTIONS ASSOCIATED WITH CHIROPRACTIC CARE THAT ARE TAKEN TO PREVENT ERRORS AND ADVERSE EFFECTS TO PATIENTS.] [7.] [9.] "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.
"PATIENT SAFETY" MEANS ACTIONS ASSOCIATED WITH CHIROPRACTIC CARE THAT ARE TAKEN TO PREVENT ERRORS AND ADVERSE EFFECTS TO PATIENTS.
[8.] [10.] "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.>> <<Sec.
7.
9.
"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.
8.
10.
"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.
- 1 - S.B.
1588 Sec.
board prohibition [A.
board prohibition A.
THE NOTES FOR EACH PATIENT VISIT MUST INCLUDE THE PATIENT'S NAME, THE DATE OF SERVICE, THE DOCTOR OF CHIROPRACTIC'S -2- Senate Amendments to S.B.
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.
1588 FINDINGS, A DESCRIPTION OF ANY SERVICE RENDERED AND THE NAME OR INITIALS OF THE DOCTOR OF CHIROPRACTIC WHO PROVIDED SERVICES TO THE PATIENT.
8.
- 2 - S.B.
1588 8.
-3- Senate Amendments to S.B.
13.
1588 13.
17.
- 3 - S.B.
1588 17.
-4- Senate Amendments to S.B.
24.
1588 24.
THE BOARD MAY NOT ADOPT RULES THAT ALTER OR AMEND UNPROFESSIONAL CONDUCT AS PRESCRIBED IN SUBSECTION A OF THIS SECTION.]>> <<Sec.
THE BOARD MAY NOT ADOPT RULES THAT ALTER OR AMEND UNPROFESSIONAL CONDUCT AS PRESCRIBED IN SUBSECTION A OF THIS SECTION.
- 4 - S.B.
1588 Sec.
The board may administer oaths, summon witnesses and take testimony on matters within [its] [THE BOARD'S] powers and duties.
The board may administer oaths, summon witnesses and take testimony on matters within its THE BOARD'S powers and duties.
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.
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.
[D.
D.
THE BOARD SHALL 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.]>> <<Sec.
THE BOARD SHALL 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.
Sec.
annual trainings on conflict of interest, open meetings and board authority [A.
annual trainings on conflict of interest, open meetings and board authority A.
EACH BOARD MEMBER AND EMPLOYEE SHALL COMPLETE ON APPOINTMENT OR HIRE A CONFLICT-OF-INTEREST DISCLOSURE FORM, INCLUDING AN ATTESTATION THAT -5- Senate Amendments to S.B.
EACH BOARD MEMBER AND EMPLOYEE SHALL COMPLETE ON APPOINTMENT OR HIRE A CONFLICT-OF-INTEREST DISCLOSURE FORM, INCLUDING AN ATTESTATION THAT NO CONFLICT EXISTS, IF APPLICABLE, AND SHALL UPDATE THE DISCLOSURE FORM ANNUALLY.
1588 NO CONFLICT EXISTS, IF APPLICABLE, AND SHALL UPDATE THE DISCLOSURE FORM ANNUALLY.
- 5 - S.B.
B.
1588 B.
THE BOARD'S AUTHORITY TO INVESTIGATE COMPLAINTS AND ISSUE SUBPOENAS.]>> <<Sec.
THE BOARD'S AUTHORITY TO INVESTIGATE COMPLAINTS AND ISSUE SUBPOENAS.
Sec.
[8.
8.
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 -6- Senate Amendments to S.B.
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 - 6 - S.B.
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.
ENCOURAGE LICENSEES OR THE PUBLIC TO SUPPORT OR OPPOSE ANY LEGISLATION.
[D.] [E.] 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.>> <<Sec.
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.
E.
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.
Sec.
-7- Senate Amendments to S.B.
- 7 - S.B.
Has engaged in any conduct that constitutes grounds for disciplinary action pursuant to section [32-924] [32-900.01] or board rules.
Has engaged in any conduct that constitutes grounds for disciplinary action pursuant to section 32-924 32-900.01 or board rules.
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.
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 forward this fee to the department of public safety.>> <<Sec.
The board shall forward this fee to the department of public safety.
Sec.
[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.
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.
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.
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 -8- Senate Amendments to S.B.
The - 8 - S.B.
1588 the board.
1588 renewal application shall be made on a form and in a manner prescribed by the board.
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.
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.
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.
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].
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.
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.
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.
civil penalty [A.
civil penalty A.
3.
- 9 - S.B.
1588 3.
-9- Senate Amendments to S.B.
5.
1588 5.
21.
- 10 - S.B.
1588 21.
-10- Senate Amendments to S.B.
23.
1588 23.
B.] [A.] 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.
B.
A.
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.
[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.] [C.] [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 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.
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.
C.
[D.] [C.] If the board finds based on the information it receives under subsections [B ] [A] and [0 ] [B] of this section that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, the board may order a -11- Senate Amendments to S.B.
B.
1588 summary suspension of a license pending proceedings for revocation or other action.
The board may require a licensee WHO IS under investigation pursuant to this section to be interviewed by the board or its representatives.
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.
The board may require a licensee who is under - 11 - S.B.
[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:
1588 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, 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:
[Failure to complete a nondisciplinary order requiring continuing education is a violation of subsection A, paragraph 16 of this section.
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.
F.
E.
The board may request a formal interview with the licensee concerned.
[THE BOARD MAY NOT SUBPOENA INFORMATION RELATED TO A LICENSEE'S PERSONAL FINANCES.] Legal counsel may be present and participate in the formal interview.
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, 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:
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:
3.
- 12 - S.B.
1588 3.
-12- Senate Amendments to S.B.
7.
1588 7.
Impose a civil penalty of not more than one thousand dollars $1,000 for each violation of this chapter.
Impose a civil penalty of not more than [one thousand dollars] [$1,000] for each violation of this chapter.
[IF A DISCIPLINARY OR NONDISCIPLINARY ORDER REQUIRES A LICENSEE TO COMPLETE CONTINUING EDUCATION REQUIREMENTS, THE BOARD SHALL PROVIDE AT LEAST TWO CHOICES OF CONTINUING EDUCATION PROVIDER ORGANIZATIONS, BOARDS OR ASSOCIATIONS THAT CAN SATISFY THE REQUIRED COURSES.
IF A DISCIPLINARY OR NONDISCIPLINARY ORDER REQUIRES A LICENSEE TO COMPLETE CONTINUING EDUCATION REQUIREMENTS, THE BOARD SHALL PROVIDE AT LEAST TWO CHOICES OF CONTINUING EDUCATION PROVIDER ORGANIZATIONS, BOARDS OR ASSOCIATIONS THAT CAN SATISFY THE REQUIRED COURSES.
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.
IF THE BOARD HAS NOT MADE A FINAL DECISION ON A COMPLAINT AFTER TWO HUNDRED TWENTY DAYS, THE COMPLAINT IS DEEMED ADMINISTRATIVELY CLOSED.
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.
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 - 13 - S.B.
1588 known address on record in the board's files.
[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.
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.
If the licensee fails to file an answer in writing, it is deemed an admission of the act -13- Senate Amendments to S.B.
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.
1588 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.
[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.
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.
[K.
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.
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.
[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.
J.
[L.
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.
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.
board notification [A.
board notification A.
THE BOARD DOES NOT NEED TO OBTAIN THE COMPLAINANT'S CONSENT OR TO SUBSTANTIATE THE COMPLAINT BEFORE REFERRING THE COMPLAINT TO LAW ENFORCEMENT.
THE BOARD DOES NOT NEED TO OBTAIN THE COMPLAINANT'S - 14 - S.B.
1588 CONSENT OR TO SUBSTANTIATE THE COMPLAINT BEFORE REFERRING THE COMPLAINT TO LAW ENFORCEMENT.
CONCURRENT WITH THE LAW ENFORCEMENT AGENCY'S INVESTIGATION, THE BOARD MAY INVESTIGATE WHETHER THE COMPLAINT OR -14- Senate Amendments to S.B.
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.
1588 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.
Sec.
[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.
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.
[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.
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.
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, - 15 - S.B.
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.
1588 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.
The superior court, [upon] [ON] application by the board or by the person subpoenaed, shall have jurisdiction to issue an order either:
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.
(a) Requiring such THE person to appear before the board or the duly authorized agent to produce evidence relating to the matter under investigation.
-15- Senate Amendments to S.B.
(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.
1588 (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.
Any failure to obey such [AN] order of the court may be punished by [such] [THE] court as contempt.
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.
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.
[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.
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 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.
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.
2.
- 16 - S.B.
The services are conducted by a doctor of chiropractic [who is licensed pursuant to this chapter].
1588 2.
The services are conducted by a doctor of chiropractic who is licensed pursuant to this chapter.
-16- Senate Amendments to S.B.
D.
1588 D.
K.
- 17 - S.B.
1588 K.
A facility [OR A BUSINESS ENTITY, PARTNERSHIP OR OTHER FORM OF BUSINESS, THE MAJORITY OWNERSHIP OF WHICH IS] owned by a person who is licensed pursuant to this chapter.
A facility OR A BUSINESS ENTITY, PARTNERSHIP OR OTHER FORM OF BUSINESS, THE MAJORITY OWNERSHIP OF WHICH IS owned by a person who is licensed pursuant to this chapter.
-17- Senate Amendments to S.B.
L.
1588 [L.
A BUSINESS ENTITY THAT IS EXEMPT PURSUANT TO SUBSECTION K OF THIS SECTION MAY SUBMIT BILLS UNDER EITHER THE CONTROLLING LICENSEE'S INDIVIDUAL NAME OR THE BUSINESS ENTITY'S NAME WITHOUT NOTIFYING THE BOARD.
A BUSINESS ENTITY THAT IS EXEMPT PURSUANT TO SUBSECTION K OF THIS SECTION MAY SUBMIT BILLS UNDER EITHER THE CONTROLLING LICENSEE'S INDIVIDUAL NAME OR THE BUSINESS ENTITY'S NAME WITHOUT NOTIFYING THE BOARD.] [L.] [M.] A business entity that offers chiropractic services pursuant to this chapter without complying with the registration requirements of this section is guilty of a class 6 felony.>> Sec.
L.
M.
A business entity that offers chiropractic services pursuant to this chapter without complying with the registration requirements of this section is guilty of a class 6 felony.
Sec.
6.
- 18 - S.B.
1588 6.
-18- Senate Amendments to S.B.
B.
1588 B.
<<Sec.
- 19 - S.B.
2.
1588 Sec.
Section 32-1509, Arizona Revised Statutes, is amended to read:
32-1509.
Executive director;
compensation;
duties A.
Subject to title 41, chapter 4, article 4, the board shall appoint an executive director who serves at the pleasure of the board.
The executive director shall not be a board member and shall not have any financial interests in the practice of naturopathic medicine or the training of naturopathic physicians.
The board may authorize the executive director to represent the board and to vote on behalf of the board at meetings of national organizations of which the board is a dues paying member.
B.
The executive director and other board staff are eligible to receive compensation as determined pursuant to section 38-611.
C.
The executive director or that person's designee shall:
1.
Subject to title 41, chapter 4, article 4 and, as applicable, articles 5 and 6, employ, evaluate, dismiss, discipline and direct professional, clerical, technical, investigative and administrative personnel necessary to carry on the work of the board.
-19- Senate Amendments to S.B.
1588 2.
As directed by the board, prepare and submit recommendations to the board for amendments to this chapter for consideration by the legislature.
3.
Subject to title 41, chapter 4, article 4, employ medical consultants and agents necessary to conduct investigations, gather information and perform those duties the executive director determines are necessary and appropriate to enforce this chapter.
4.
Issue licenses and certificates pursuant to section 32-1526 to applicants who meet the requirements of this chapter.
5.
Maintain a record of board actions and proceedings, including the issuance, denial, renewal, suspension or revocation of licenses and certificates.
6.
Manage the board's offices.
7.
Prepare minutes, records, reports, registries, directories, books and newsletters and record all board transactions and orders.
8.
Collect all monies due and payable to the board.
9.
Pay all bills for authorized expenditures of the board and its staff.
10.
Prepare an annual budget.
11.
Submit a copy of the budget each year to the governor, the speaker of the house of representatives and the president of the senate.
12.
Initiate an investigation if evidence appears to demonstrate that a person licensed or certified by the board may be engaged in unprofessional conduct or may be medically incompetent or mentally or physically unable to safely practice medicine.
Issue subpoenas if necessary to compel the attendance and testimony of witnesses and the production of books, records, documents and other evidence.
Legislative intent A.
14.
Sign and execute and provide assistance to the attorney general in preparing disciplinary orders, rehabilitative orders and notices of hearings as directed by the board.
15.
Enter into contracts for goods and services pursuant to title 41, chapter 23 that are necessary to carry out board policies and directives.
16.
Execute board directives.
17.
Represent the board with the federal government, other states or jurisdictions of the United States, this state, political subdivisions of this state, the news media and the public.
18.
Maintain a roster of all persons who are licensed or certified under this chapter that indicates:
(a) The person's name.
(b) The person's current address of record.
(c) The date of issuance and the number of the person's license or certificate.
(d) The status of the person's license or certificate.
19.
Maintain an accurate account of all receipts, expenditures and refunds granted pursuant to this chapter.
-20- Senate Amendments to S.B.
1588 20.
Report dispensing and prescribing restrictions imposed by the board against doctors of naturopathic medicine to other state and federal regulatory agencies.
21.
Affix the seal of the board to necessary documents.
The imprint of the seal with the signature of the executive director is evidence of official board action.
22.
On behalf of the board, enter into stipulated agreements with persons who are under the jurisdiction of the board for the treatment, rehabilitation and monitoring of chemical substance abuse or misuse.
23.
Review all complaints filed pursuant to section 32-1551.
If delegated by the board, the executive director may dismiss complaints.
24.
If delegated by the board, refer cases directly to a formal interview or a formal hearing.
25.
If delegated by the board, enter into a consent agreement if there is evidence of danger to the public health and safety.
26.
If delegated by the board, grant uncontested requests for retired status or cancellation of a license.
27.
Perform all other duties required by the board.
D.
Medical consultants and agents appointed pursuant to subsection C, paragraph 3 of this section are eligible to receive compensation determined by the executive director of not more than $200 for each day of service.
E.
A person who is aggrieved by an action taken by the executive director may request a board review of that action by filing with the board a written request within thirty days after that person has been notified of the action.
Notification shall be by personal delivery or certified mail to the person's last known address on file with the board.
The board shall review the decision at its next regularly scheduled meeting and either approve, modify or reject the executive director's action.
F.
THE EXECUTIVE DIRECTOR SHALL:
1.
ENSURE THAT THE BOARD FOLLOWS ALL APPLICABLE LAWS AND RULES AND COMPLIES WITH ALL REPORTING REQUIREMENTS.
2.
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 INFORMATION IS DISREGARDED BY THE BOARD THE EXECUTIVE DIRECTOR SHALL STATE POTENTIAL CONCERNS IN AN OPEN MEETING OF THE BOARD.
3.
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 -21- Senate Amendments to S.B.
1588 WHOM A COMPLAINT HAS BEEN FILED AND A FORMAL INVESTIGATION HAS BEEN OPENED, INCLUDING THE LICENSEE'S COUNSEL.
4.
CONSISTENT WITH THIS CHAPTER, CLASSIFY EACH COMPLAINT ON SUBMISSION TO THE BOARD ACCORDING TO POLICIES ADOPTED BY THE BOARD THAT PRIORITIZE THE ALLOCATION OF BOARD RESOURCES AND THE INVESTIGATION AND ADJUDICATION OF COMPLAINTS.>> <<Sec.
3.
Section 32-1522, Arizona Revised Statutes, is amended to read:
32-1522.
Basic qualifications for license A.
To be eligible for a license to practice naturopathic medicine pursuant to this chapter, the applicant shall:
1.
Be a graduate of an approved school of naturopathic medicine.
2.
Have satisfactorily completed an approved internship, preceptorship or clinical training program in naturopathic medicine.
3.
Be physically and mentally fit to practice as a doctor of naturopathic medicine.
4.
Not be guilty of any act of unprofessional conduct or any other conduct that would be grounds for refusal, suspension or revocation of a license under this chapter.
5.
Not have had a license to practice any profession refused, revoked or suspended by any other state, district or territory of the United States or another country for reasons that relate to the applicant's ability to skillfully and safely practice as a physician in this state.
6.
File a completed application pursuant to section 32-1524 and meet the examination requirements provided for in section 32-1525.
B.
The board may:
1.
require an applicant to submit credentials or other written or oral proof.
2.
Make investigations it deems proper to adequately advise itself with respect to the qualifications of an applicant.
C.
Within ninety days after it receives a completed application for initial licensure, the board shall issue a license if the application demonstrates to the board's satisfaction that the applicant complies with this chapter and board rules.
>> <<Sec.
4.
Section 32-1551, Arizona Revised Statutes, is amended to read:
32-1551.
Disciplinary action;
duty to report;
investigatory powers;
immunity;
hearing;
appeal;
notice;
restitution A.
The board on its own motion may investigate any evidence that appears to show that a doctor of naturopathic medicine is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable to engage safely in the practice of naturopathic medicine.
Any person may, and a doctor of naturopathic medicine, the Arizona naturopathic medical association, a component society of that association and any health care institution shall, report -22- Senate Amendments to S.B.
1588 to the board any information that appears to show that a doctor of naturopathic medicine is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable to engage safely in the practice of naturopathic medicine.
The board or the executive director shall notify the doctor as to the content of the complaint as soon as reasonable.
Any person or entity that reports or provides information to the board in good faith is not subject to an action for civil damages.
If requested, the board shall not disclose the name of a person who supplies information regarding a licensee's drug or alcohol impairment.
It is an act of unprofessional conduct for any doctor of naturopathic medicine to fail to report as required by this section.
The board shall report any health care institution that fails to report as required by this section to that institution's licensing agency.
B.
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.
B.
C.
The board or, if delegated by the board, the executive director shall require any combination of mental, physical or oral or written medical competency examinations and conduct necessary investigations including investigational interviews between representatives of the board and the doctor to fully inform itself with respect to any information filed with the board under this section.
These examinations may include biological fluid testing and psychological or psychiatric evaluation.
The board or, if delegated by the board, the executive director may require the doctor, at the doctor's expense, to undergo assessment by a board approved rehabilitative, retraining or assessment program.
C.
D.
If the board finds, based on the information it receives under this section, that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, the board may restrict, limit or order a summary suspension of a license pending proceedings for revocation or other action.
If the board takes action pursuant to this subsection it shall also serve the licensee with a written notice that states the charges and that the licensee is entitled to a formal hearing before the board or an administrative law judge.
D.
E.
If, after completing its investigation, the board finds that the information provided pursuant to subsection A of this section is not of sufficient seriousness to merit disciplinary action against the license of the doctor, the board may take any of the following actions:
1.
Dismiss if, in the opinion of the board, the information is without merit.
2.
File a letter of concern.
3.
Issue a nondisciplinary order requiring the licensee to complete a prescribed number of hours of continuing education in an area or areas -23- Senate Amendments to S.B.
1588 prescribed by the board to provide the licensee with the necessary understanding of current developments, skills, procedures or treatment.
E.
F.
If the board finds that it can take rehabilitative or disciplinary action without the presence of the doctor at a formal interview, it may enter into a consent agreement with the doctor to limit or restrict the doctor's practice or to rehabilitate the doctor in order to protect the public and ensure the doctor's ability to safely engage in the practice of naturopathic medicine.
The board may also require the doctor to successfully complete a board approved rehabilitative, retraining or assessment program.
F.
G.
If after completing its investigation the board believes that the information is or may be true, it may request a formal interview with the doctor.
If the doctor refuses the invitation or accepts and the results indicate that grounds may exist for revocation or suspension of the doctor's license for more than twelve months, the board may issue a formal complaint and order that a hearing be held pursuant to title 41, chapter 6, article 10.
If after completing a formal interview the board finds the information provided under this section is not of sufficient seriousness to merit suspension for more than twelve months or revocation of the license, it may take the following actions:
1.
Dismiss if, in the opinion of the board, the complaint is without merit.
2.
File a letter of concern.
3.
File a letter of reprimand.
4.
Issue a decree of censure.
A decree of censure is an official action against the doctor's license and may include a requirement for restitution of fees to a patient resulting from violations of this chapter or rules adopted under this chapter.
5.
Fix a period and terms of probation best adapted to protect the public health and safety and rehabilitate or educate the doctor concerned.
Probation may include temporary license suspension for not to exceed twelve months, restriction of the doctor's license to practice naturopathic medicine, OR a requirement for restitution of fees to a patient or education or rehabilitation at the licensee's own expense.
If a licensee fails to comply with the terms of probation, the board shall serve the licensee with a written notice that states that the licensee is subject to a formal hearing based on the information considered by the board at the formal interview and any other acts or conduct alleged to be in violation of this chapter or rules adopted by the board pursuant to this chapter including noncompliance with the terms of probation, a consent agreement or a stipulated agreement.
6.
Enter into an agreement with the doctor to restrict or limit the doctor's practice or medical activities in order to rehabilitate, retrain or assess the doctor, protect the public and ensure the physician's ability to safely engage in the practice of naturopathic medicine.
The board may also require the doctor to successfully complete a board -24- Senate Amendments to S.B.
1588 approved rehabilitative, retraining or assessment program at the doctor's own expense pursuant to subsection E F of this section.
7.
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.
G.
H.
If the board finds that the information provided in an investigation warrants suspension or revocation of a license issued under this chapter, it must initiate formal proceedings pursuant to title 41, chapter 6, article 10.
H.
I.
Any doctor of naturopathic medicine who after a formal hearing is found by the board to be guilty of unprofessional conduct, to be mentally or physically unable to safely engage in the practice of naturopathic medicine or to be medically incompetent is subject to censure, probation as provided in this section, suspension or revocation of a license or any combination of these under any conditions as the board deems appropriate for the protection of the public health and safety and just in the circumstance.
The board may charge the costs of formal hearings to the licensee who it finds to be in violation of this chapter.
I.
J.
If the naturopathic physicians MEDICAL board of medical examiners acts to modify any doctor's prescription writing privileges, it shall immediately notify the Arizona state board of pharmacy of the modification.
J.
K.
If the board, during the course of any investigation, determines that a criminal violation may have occurred involving the delivery of health care, it THE BOARD shall make the evidence of violations available to the appropriate criminal justice agency for its consideration WITHIN FORTY-EIGHT HOURS AFTER THE DETERMINATION.
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Action History

  1. DP

  2. House Placed on Consent Calendar

  3. DP

  4. House Second Reading

  5. House First Reading.

  6. Transmit to House

  7. PASSED

  8. DPA

  9. DP

  10. Senate Second Reading

  11. Senate First Reading

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 92 not signed on · 11 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

Passed

Passed 16 Yea · 11 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 01003
Republican 16100
Total 161103
% of votes cast 53%37%0%10%
How each member voted (30)
Member Party Vote
Analise Ortiz Democrat Nay
Brian Fernandez Democrat Not Voting
Catherine Miranda Democrat Nay
Denise “Mitzi” Epstein Democrat Nay
Eva Burch Democrat Not Voting
Eva Diaz Democrat Not Voting
Flavio Bravo 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

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Subjects

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Frequently asked questions

Who sponsors SB 1588?
SB 1588 is sponsored by Janae Shamp (Republican).
What is the current status of SB 1588?
This bill died with 57th Legislature - First 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.
Where can I track SB 1588?
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