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HB2660 - 572R - S Ver
Senate Engrossed
House Bill
health boards;
licensure decisions; investigation
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2660
AN
ACT
Amending sections 32-924 and 32-1501,
Arizona Revised Statutes; amending title 32, chapter 32, article 1, Arizona
Revised Statutes, by adding section 32-3230.03; relating to health
professionals.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 32-924, Arizona Revised
Statutes, is amended to read:
START_STATUTE
32-924.
Grounds for disciplinary action; hearing; civil penalty;
definition
A. The following are grounds for disciplinary
action, regardless of where they occur:
1.
Employment of
Employing
fraud or deception in securing a license.
2. Practicing chiropractic under a false or assumed
name.
3. Impersonating another practitioner.
4.
Habitual use of
Habitually using
alcohol, narcotics or stimulants to the extent
of incapacitating the licensee for the performance of professional duties.
5.
Committing
unprofessional
or dishonorable
conduct of a character
that is
likely
to deceive or defraud
a patient or
the public or
tending to discredit the profession
that poses a
direct threat to the life, health or safety of a patient
.
6.
Conviction
Being
convicted
of a misdemeanor involving moral turpitude or of a felony.
7.
Committing
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.
Committing
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.
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
Soliciting
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
preceding
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.
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. �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.
C. 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. If the board finds based on the information it
receives under subsections B and C 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. 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:
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 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. 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. 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.
4. Issue a letter of concern.
5. 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.
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.
G. 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. 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 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. 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.
J. The board shall report allegations of evidence of
criminal wrongdoing to the appropriate criminal justice agency.
K. 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.
END_STATUTE
Sec. 2. Section 32-1501, Arizona Revised
Statutes, is amended to read:
START_STATUTE
32-1501.
Definitions
In this chapter, unless the context otherwise requires:
1. "Accepted therapeutic purpose" means
treatment of a disease, injury, ailment or infirmity that is competent and
generally recognized as safe and effective.
2. "Active license" means a current valid
license to practice naturopathic medicine.
3. "Adequate medical records" means
legible medical records containing, at a minimum, sufficient information to
identify the patient, support the diagnosis, describe the treatment, accurately
document the results, indicate advice and cautionary warning provided to the
patient and provide sufficient information for a similarly qualified
practitioner to assume continuity of the patient's care at any point in the
course of treatment.
4. "Approved clinical training program" or
"clinical training program" means a program for naturopathic medical
students in which the training occurred or is being conducted by or in
conjunction with an approved school of naturopathic medicine.
5. "Approved internship program" or
"internship" means that the program in which the training occurred or
is being conducted has been approved for internship training for physicians or
for graduates of a school of naturopathic medicine by the board or was approved
or accredited by an educational or professional association recognized by the
board or by another state's or country's licensing agency recognized by the
board.
6. "Approved postdoctoral training" or
"postdoctoral training" means that the program in which the training
occurred or is being conducted has been approved for specialty training or for
graduate medical education in naturopathic medicine by the board or approved or
accredited by an educational or professional association recognized by the
board or by another state's or country's licensing agency recognized by the
board.
7. "Approved preceptorship program" or
"preceptorship" means that the program in which the training occurred
or is being conducted has been approved for preceptorship training for
physicians or for graduates of a school of naturopathic medicine by the board
or was approved or accredited by an educational or professional association
recognized by the board or by another state's or country's licensing agency
recognized by the board.
8. "Approved school of naturopathic
medicine" or "school of naturopathic medicine" means a school,
college or university determined by the board to have an educational program
that meets standards prescribed by the council on naturopathic medical
education, or its successor agency, and that offers a course of study that, on
successful completion, results in the awarding of the degree of doctor of
naturopathic medicine and whose course of study is either of the following:
(a) Accredited or a candidate for accreditation by
an accrediting agency recognized by the United States secretary of education as
a specialized accrediting agency for schools of naturopathic medicine or its
successor.
(b) Accredited or a candidate for accreditation by
an accrediting agency recognized by the council for higher education
accreditation or its successor.
9. "Board" means the naturopathic
physicians medical board.
10. "Chelation therapy" means an
experimental medical therapy to restore cellular homeostasis through the use of
intravenous, metal-binding and bioinorganic agents such as ethylene
diamine tetraacetic acid. Chelation therapy does not include experimental
therapy used to treat heavy metal poisoning.
11. "Completed application" means that the
applicant paid the required fees and supplied all documents and information as
requested by the board and in a manner acceptable to the board.
12. "Controlled substance" means a drug,
substance or immediate precursor in schedules I through V of title 36, chapter
27, article 2 or the rules adopted pursuant to title 36, chapter 27, article 2.
13. "Direct supervision" means that a
physician who is licensed pursuant to this chapter or chapter 13, 17 or 29 of
this title:
(a) Is physically present and within sight or sound
of the person supervised and is available for consultation regarding procedures
that the physician has authorized and for which the physician remains
responsible.
(b) Has designated a person licensed pursuant to
this chapter or chapter 13, 17 or 29 of this title to provide direct
supervision in the physician's absence.
14. "Doctor of naturopathic medicine" or
"doctor" means a natural person who is licensed to practice
naturopathic medicine under this chapter.
15. "Drug" has the same meaning prescribed
in section 32-1901 but does not include:
(a) Intravenous administration of legend drugs,
except for:
(i) Vitamins, chelation therapy and drugs used in
emergency resuscitation and stabilization.
(ii) Minerals.
(iii) Nutrients. �For the purposes of this item,
"nutrient" means a substance that provides nourishment for growth or
metabolism and that is manufactured and supplied for intravenous use by a
manufacturer registered with the United States food and drug administration or
compounded by a pharmacy licensed by the Arizona state board of pharmacy.
(b) Controlled substances listed as schedule I or II
controlled substances as defined in the federal controlled substances act of
1970 (21 United States Code section 802), except morphine, any drug that
is reclassified from schedule III to schedule II after January 1, 2014 and any
homeopathic preparations that are also controlled substances.
(c) Cancer chemotherapeutics classified as legend
drugs.
(d) Antipsychotics.
16. "General supervision" means that the
physician is available for consultation regarding procedures that the physician
has authorized and for which the physician remains responsible.
17. "Legend drug" means any drug that is
defined by section 503(b) of the federal food, drug, and cosmetic act and under
which definition its label is required to bear the statement "Rx
only".
18. "Letter of concern" means a
nondisciplinary advisory letter that is issued by the board to a person who is
regulated under this chapter and that states that while there is insufficient
evidence to support disciplinary action the board believes that the person
should modify or eliminate certain practices and that continuation of the
activities that led to the information being submitted to the board may result
in action against the person's license, certificate or registration.
19. "Letter of reprimand" means a
disciplinary letter that is issued by the board and that informs a person who
is regulated under this chapter that the person's conduct violates state or
federal law but does not require the board to restrict the person's license,
certificate or registration because the person's conduct did not result in harm
to a patient or to the public.
20. "Limit" means taking a nondisciplinary
action that alters the physician's practice or professional activities if the
board determines that there is evidence that the physician is or may be
mentally or physically unable to safely engage in the practice of medicine.
21. "Medical assistant" or
"naturopathic medical assistant" means a person who is certified by
the board as a medical assistant, who assists a doctor of naturopathic medicine
and who may perform delegated procedures that are commensurate with the
assistant's education and training under the direct supervision of a doctor of
naturopathic medicine and that do not include diagnosing, designing or
modifying established treatment programs or those procedures prohibited by the
board or by this chapter.
22. "Medically incompetent" means a person
who is licensed, certified or registered pursuant to this chapter and who lacks
sufficient naturopathic medical knowledge or skills, or both, to a degree that
is likely to endanger the health of patients.
23. "Natural substance" means a
homeopathic, botanical, nutritional or other supplement that does not require a
prescription pursuant to federal law before it is prescribed, dispensed or
otherwise furnished to a patient and that is prescribed by a physician who is
licensed pursuant to this chapter to enhance health, prevent disease or treat a
medical condition diagnosed by the physician.
24. "Naturopathic medical student" means a
person who is enrolled in a course of study at an approved school of
naturopathic medicine.
25. "Naturopathic medicine" means medicine
as taught in approved schools of naturopathic medicine and in clinical,
internship, preceptorship and postdoctoral training programs approved by the
board and practiced by a recipient of a degree of doctor of naturopathic
medicine
who is
licensed pursuant to this chapter.
26. "Nurse" means a person who is licensed
pursuant to chapter 15 of this title.
27. "Physician" means a doctor of
naturopathic medicine who is licensed pursuant to this chapter.
28. "Practice of naturopathic medicine"
means a medical system of diagnosing and treating diseases, injuries, ailments,
infirmities and other conditions of the human mind and body, including by
natural means, drugless methods, drugs, nonsurgical methods, devices, physical,
electrical, hygienic and sanitary measures and all forms of physical agents and
modalities.
29. "Restrict" means taking a disciplinary
action that alters the physician's practice or professional activities if the
board determines that there is evidence that the physician is or may be
medically incompetent or guilty of unprofessional conduct.
30. "Specialist" means a physician who has
successfully completed approved postdoctoral training, who is certified by a
specialty board of examiners recognized by the board and who is certified by
the board to practice the specialty pursuant to this chapter.
31. "Unprofessional
conduct" includes the following, whether occurring in this state or
elsewhere:
(a) Intentionally
disclosing a professional secret or intentionally disclosing a privileged
communication except as either of these may otherwise be required by law.
(b) Engaging in any
dishonorable
conduct
reflecting unfavorably on the profession
that deceives or defrauds a patient or that poses a direct threat to
the life, health or safety of a patient
.
(c) Committing a felony, whether or not involving
moral turpitude, or a misdemeanor involving moral turpitude. In
either case conviction by any court of competent jurisdiction or a plea of no
contest is conclusive evidence of the commission of the felony or misdemeanor.
(d) Habitual intemperance in the use of alcohol or
any substance abuse.
(e) Engaging in the illegal use of any narcotic or
hypnotic drugs, or illegal substances.
(f) Engaging in conduct that the board determines is
gross malpractice, repeated malpractice or any malpractice resulting in the
death of a patient.
(g) Impersonating another doctor of naturopathic
medicine or any other practitioner of the healing arts.
(h) Falsely acting or assuming to act as a member,
an employee or an authorized agent of the board.
(i) Procuring or attempting to procure a license or
a certificate pursuant to this chapter by fraud, by misrepresentation or by
knowingly taking advantage of the mistake of another person or agency.
(j) Having professional connection with or lending
one's name to enhance or continue the activities of an illegal physician or an
illegal practitioner of any healing art.
(k) Representing that a manifestly incurable
disease, injury, ailment or infirmity can be permanently cured, or falsely or
fraudulently representing that a curable disease, injury, ailment or infirmity
can be cured within a stated time.
(l) Offering, undertaking or agreeing to cure or
treat a disease, injury, ailment or infirmity by a secret means, method,
treatment, medicine, substance, device or instrumentality.
(m) Refusing to divulge to the board on demand the
means, method, treatment, medicine, substance, device or instrumentality used
in the treatment of a disease, injury, ailment or infirmity.
(n) Giving or receiving, or aiding or abetting the
giving or receiving of, rebates, either directly or indirectly.
(o) Knowingly making any false or fraudulent
statement, written or oral, in connection with the practice of naturopathic
medicine or any naturopathic treatment method.
(p) Engaging in immorality or misconduct that tends
to discredit the naturopathic profession.
(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.
(r) Engaging in any conduct or practice that is
contrary to recognized standards of ethics of the naturopathic profession, any
conduct or practice that does or might constitute a danger to the health,
welfare or safety of the patient or the public, or any conduct, practice or
condition that does or might impair the ability to safely and skillfully
practice as a doctor of naturopathic medicine.
(s) Failing to observe any federal, state, county or
municipal law relating to public health as a physician in this state.
(t) Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or conspiring to
violate this chapter or board rules.
(u) Committing false, fraudulent, deceptive or
misleading advertising or advertising the quality of a medical or health care
service by a physician or by the physician's staff, employer or representative.
(v) Failing or refusing to maintain adequate medical
records on a patient or failing or refusing to make medical records in the
physician's possession promptly available to another physician or health care
provider who is licensed pursuant to chapter 7, 8, 13, 15, 17 or 29 of this
title on request and receipt of proper authorization to do so from the patient,
a minor patient's parent, the patient's legal guardian or the patient's
authorized representative or failing to comply with title 12, chapter 13, article
7.1.
(w) Referring a patient to a diagnostic or treatment
facility or prescribing goods and services without disclosing in writing to the
patient that the physician has a pecuniary interest in the facility, goods or
services to which the patient is referred or prescribed. This
subdivision does not apply to a referral by one physician or practitioner to
another physician or practitioner within a group of physicians or practitioners
practicing together.
(x) Engaging in sexual intimacies with a patient in
the course of direct treatment.
(y) Failing to dispense drugs and devices in
compliance with article 4 of this chapter.
(z) Administering, dispensing or prescribing any
drug or a device for other than an accepted therapeutic purpose.
(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.
(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.
(cc) Failing to appropriately supervise a
naturopathic medical student, a nurse, a medical assistant, a health care
provider or a technician who is employed by or assigned to the physician during
the performance of delegated professional duties and responsibilities.
(dd) Using experimental forms of diagnosis or
treatment without adequate informed consent of the patient or the patient's
legal guardian and without conforming to experimental criteria, including
protocols, detailed records, periodic analysis of results and periodic review
by a medical peer review committee as approved by the United States food and
drug administration or its successor agency.
(ee) Failing to furnish information in a timely
manner to the board or investigators or representatives of the board if this
information is legally requested by the board and failing to allow properly
authorized board personnel on demand to examine and have access to documents,
reports and records maintained by the physician that relate to the physician's
medical practice or medically related activities.
(ff) Failing to report in writing to the board
evidence that a person who is licensed, certified or registered pursuant to
this chapter is or may be medically incompetent, guilty of unprofessional
conduct or mentally or physically unable to safely practice or assist in the
practice of naturopathic medicine.
(gg) Conducting or engaging in an internship or
preceptorship in naturopathic medicine without being approved and registered by
the board for that internship or preceptorship.
(hh) Signing a blank, undated or predated
prescription form.
(ii) Engaging in conduct that the board determines
is gross negligence, repeated negligence or negligence resulting in harm or
death to a patient.
(jj) Knowingly making a false or misleading
statement in oral testimony to the board on a form required by the board or in
written correspondence to the board, including attachments to that
correspondence.
(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 incompetent, is or may be guilty
of unprofessional conduct or is or may be unable to safely engage or assist in
the practice of naturopathic medicine.
(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. The action taken may include refusing,
denying, revoking or suspending a license, otherwise limiting, restricting or
monitoring a licensee or placing a licensee on probation by that licensing or
regulatory board.
(mm) Having sanctions imposed by an agency of the
federal government, including restricting, suspending, limiting or removing a
person from the practice of naturopathic medicine or restricting that person's
ability to obtain financial remuneration.
(nn) Violating any formal order, probation, consent
agreement or stipulation issued or entered into by the board pursuant to this
chapter.
(oo) Refusing to submit to a body fluid examination
pursuant to a board investigation of alleged substance abuse by a doctor of
naturopathic medicine.
(pp) Charging a fee for services not rendered or
dividing a professional fee for patient referrals among health care providers
or health care institutions or between these providers and institutions or a
contractual arrangement that has this effect.
(qq) Obtaining a fee by fraud, deceit or
misrepresentation.
(rr) Charging or collecting a clearly excessive
fee. In determining whether a fee is clearly excessive, the board
shall consider the fee or range of fees customarily charged in this state for
similar services, in light of modifying factors such as the time required, the
complexity of the service and the skill required to perform the service
properly. This subdivision does not apply if there is a clear
written contract for a fixed fee between the physician and the patient that was
entered into before the service was provided.
(ss) With the exception of heavy metal poisoning,
using chelation therapy in the treatment of arteriosclerosis or as any other
form of therapy without adequate informed patient consent and without
conforming to generally accepted experimental criteria, including protocols,
detailed records, periodic analysis of results and periodic review by a medical
peer review committee.
(tt) Using a controlled substance unless it is
prescribed by another physician for use during a prescribed course of
treatment.
(uu) Prescribing,
dispensing or administering anabolic androgenic steroids for other than
therapeutic purposes.
(vv) Except in an
emergency or urgent care situation, prescribing or dispensing a controlled
substance to a member of the naturopathic physician's immediate family.
(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. The physical examination may be conducted through
telehealth as defined in section 36-3601 unless the examination is for
the purpose of obtaining a written certification from the physician for the
purposes of title 36, chapter 28.1. This subdivision does not apply
to:
(i) A licensee who provides temporary patient
supervision on behalf of the patient's regular treating licensed health care
professional.
(ii) An emergency medical situation as defined in
section 41-1831.
(iii) Prescriptions written to prepare a patient for
a medical examination.
(iv) Prescriptions written or prescription
medications issued for use by a county or tribal public health department for
immunization programs or emergency treatment or in response to an infectious
disease investigation, a public health emergency, an infectious disease
outbreak or an act of bioterrorism. �For the purposes of this item,
"bioterrorism" has the same meaning prescribed in section 36-781.
(v) Prescriptions written or antimicrobials
dispensed to a contact as defined in section 36-661 who is believed to
have had significant exposure risk as defined in section 36-661 with
another person who has been diagnosed with a communicable disease as defined in
section 36-661 by the prescribing or dispensing physician.
(vi) Prescriptions written by a licensee through a
telehealth program that is covered by the policies and procedures adopted by
the administrator of a hospital or outpatient treatment center.
(xx) If medical treatment is considered experimental
or investigational, failing to include in a patient's record a consent to
treatment document that is signed by the patient or the patient's parent or
legal guardian and that indicates that the patient or the patient's parent or
legal guardian has been informed of the risk of any treatment to be provided
and the expected cost of that treatment.
(yy) When issuing a written certification as defined
in section 36-2801, failing or refusing to include in the adequate
medical records of a patient a copy of all of the following:
(i) The medical
records relied on by the physician to support the diagnosis or confirmed
diagnosis of the patient's debilitating medical condition.
(ii) The written
certification.
(iii) The patient's
profile on the Arizona board of pharmacy controlled substances prescription
monitoring program database.
(zz) Dispensing a
schedule II controlled substance that is an opioid.
END_STATUTE
Sec. 3. Title 32, chapter 32, article 1,
Arizona Revised Statutes, is amended by adding section 32-3230.03, to read:
START_STATUTE
32-3230.03.
Health professional regulatory boards; licensing decisions;
review
Notwithstanding any other law to the contrary:
1. If a health profession regulatory
board makes a licensing decision that is detrimental to a health professional's
continued practice and the health professional has been charged with a crime,
the health professional shall stop practicing immediately until the health
professional is acquitted or convicted.
2. If a health profession regulatory
board makes a licensing decision that is detrimental to a health professional's
continued practice and the health professional has not been charged with a
crime, the health profession regulatory board's action against the license
shall be automatically stayed pending the final disposition of any appeal. �the
health professional may continue to practice without further interaction by or
with the health profession regulatory board on that matter that led to the
health profession regulatory board's action against the health professional,
except as required in the appeals process and for annual license renewal
procedures, until either of the following occurs:
(
a
) within
thirty days after the health profession regulatory board's decision against the
health professional's license, The health profession regulatory board provides
to the office of administrative hearings the following information:
(
i
) The name of
the health professional, the health professional's
license number and the date of
the health professional's initial
licensure
with the health profession regulatory board.
(
ii
) The
specific elements of the alleged violation of the statute or rule that the
health profession regulatory board states the health professional has violated.
(
iii
) The
written notice that states the charges against the health professional and the
statute or rule that the health profession regulatory board alleges the health
professional has violated.
(
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. Accusations must be specific and must show
specific violations of conditions or requirements in the cited statutes or
rules in accordance with the requirements of section 41-1030, subsection
B.
(
b
) The health
professional has accepted the health profession regulatory board's decision or
appealed the health profession regulatory board's decision and there is a final
disposition of the appeal.
END_STATUTE