chiropractic board; complaints; training; authority

Plain English Breakdown

The official summary and text do not provide specific penalties for unprofessional conduct.

Health Profession Regulatory Boards; Notification

This bill modifies the powers and duties of health profession regulatory boards, including requirements for notifying officials about potential criminal activity found during audits.

What This Bill Does

• Defines actions that constitute unprofessional conduct for chiropractors in Arizona.
• Modifies the authority of the Arizona Board of Chiropractic Examiners to investigate complaints and disciplinary actions against chiropractors.
• Requires the board to notify a chiropractor when they receive a complaint against them.
• Adds requirements for reporting potential criminal activity found during audits to state officials.

Who It Names or Affects

• Chiropractors in Arizona
• The Arizona Board of Chiropractic Examiners and its Executive Director

Terms To Know

Unprofessional Conduct

Actions by a chiropractor that violate professional standards or laws.

Arizona Board of Chiropractic Examiners

The state agency responsible for regulating and licensing chiropractors in Arizona.

Limits and Unknowns

• Does not specify the exact penalties for unprofessional conduct.
• Does not provide details on how the Board will implement new training requirements.
• Effective date is not specified, so it's unclear when these changes would take effect.

Official Summary Text

SB1021 - 572R - Senate Fact Sheet

Assigned to
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COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
S.B. 1021

chiropractic
board; complaints; training; authority

Purpose

Outlines various
actions that constitute unprofessional conduct for the purpose of disciplining
a doctor of chiropractic (DC). Modifies the powers and duties of the Arizona
Board of Chiropractic Examiners (Board) and the Executive Director of the Board
(Executive Director) when investigating and reviewing complaints of
unprofessional conduct.

Background

The Board is charged with protecting the health, welfare and safety of
the public through the enforcement of the laws governing chiropractic practice.
The Board's duties include:

1) adopting necessary rules to protect the public regarding chiropractic
practice; 2) determining the qualifications and regulation of chiropractic
assistants who are not otherwise licensed by law; and 3) reviewing the amount
of each authorized fee in a public hearing at least once each fiscal year and
before establishing the amount of a fee for the subsequent fiscal year (
A.R.S.
� 32-904
).

Current statute outlines what actions constitute grounds for disciplinary
action of a DC by the Board. The Board on its own motion, or on receipt of a
complaint, may investigate any information that appears to show that a DC is or
may be in violation of the laws and Board rules that govern the practice of
chiropractic in Arizona, or that indicates the DC may be mentally or physically
unable to safely engage in the practice of chiropractic. The Board must notify
the licensee of the complaint as soon as is reasonable. If the Board believes
the allegation is of such magnitude as to warrant suspension or revocation of
the license, the Board must immediately initiate formal revocation or
suspension proceedings. The Board must notify the licensee of the complaint and
hearing by certified mail addressed to the licensee's last known address on
record in the Board's files. The notice of the complaint and hearing is
effective on the date of its deposit in the mail. The Board must then hold a
formal hearing within 180 days after the date the notice is deposited in the
mail (
A.R.S.
� 32-924
).

There is no anticipated fiscal impact to the state General Fund
associated with this legislation.

Provisions

Unprofessional Conduct

1.

Prescribes
the following actions, occurring in Arizona or elsewhere, which constitute
unprofessional conduct for the purpose of disciplining a DC:

a)

failure to disclose, in writing, to a patient or third-party payor that
the DC has a financial interest in a diagnostic or treatment facility, test,
good or service when referring a patient for various services, as prescribed;

b)

knowingly providing a false or misleading statement to a patient or

third-party payor;

c)

knowingly making a false or misleading statement, providing false or
misleading information or omitting material information in any oral or written
communication, including attachments, to the Board, Board staff or a Board
representative or on any form required by the Board;

d)

knowingly filing with the Board an application or other document that
contains false information;

e)

failure to create and maintain adequate patient records, as prescribed;

f)

failure to provide a copy of requested patient records, free of charge,
to a patient, patient's authorized agent or a licensed physician;

g)

misrepresentation of the DC's certification in a specialty area, academic
or professional credentials;

h)

failure to provide documentation of the DC's specialty certification,
academic or professional credentials to a patient who requests such
documentation;

i)

practicing or billing for services under any name other than the name by
which the DC is licensed by the Board, including a corporate, business or other
licensed health care provider's name, without first notifying the Board in
writing;

j)

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;

k)

intentionally viewing a disrobed patient, not related to the patient's
complaint, diagnoses or treatment;

l)

intentionally misrepresenting the effectiveness of a treatment,
diagnostic test or device;

m)

performing
prohibited diagnostic procedures, as prescribed;

n)

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;

o)

having a professional connection with an unlawful practitioner;

p)

misrepresenting oneself as current or past Board personnel or claiming professional
superiority in the practice of chiropractic;

q)

having an action taken against the DC's license in another jurisdiction
or having a license renewal denied due to unprofessional conduct;

r)

directly or indirectly dividing a professional fee for patient referrals
as prescribed;

s)

violating any federal or state law, rule or regulation applicable to the
practice of chiropractic;

t)

habitually using or having habitually used alcohol, narcotics or
stimulants to the extent of incapacitating the DC in performing professional
duties;

u)

being convicted by a court of competent jurisdiction of a felony;

v)

in any other jurisdiction, having an action taken against the DC, having
any limit or restriction placed on the DC, having the DC's license place on
probation or suspension or revoked or suspended as a disciplinary measure or
the DC's license renewal is denied for a reason related to unprofessional
conduct; and

w)

filing an
anonymous complaint against another DC.

2.

Prohibits the Board from adopting any rule that may alter or amend
unprofessional conduct, as outlined.

Removal of the
Executive Director

3.

Requires
the 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 Board has taken a formal position on the proposal
in a public meeting.

Conflict of Interest

4.

Requires each Board member and employee to complete on appointment or
hire a

conflict-of-interest disclosure form, including an attestation that no conflict
exists, if applicable.

5.

Requires the disclosure form to be updated annually.�

6.

Requires the Board to retain all conflict-of-interest disclosure forms
and make the disclosure forms and meeting minutes available to the public on
request.

7.

Requires
each 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
Board's authority to investigate complaints and issue subpoenas.

Executive Director Duties

8.

Requires
the Executive Director to:

a)

ensure that the Board follows all applicable laws and rules and complies
with all reporting requirements;

b)

advise the Board of any contemplated actions that is beyond the scope of
the Board's authority and to state the Executive Director's concern in open
session if the 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.

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 in accordance with Board policies to prioritize the allocation of
Board resources and the investigation and adjudication of complaints.

9.

Prohibits
the Executive Director from:

a)

advocating in support of or against a legislative proposal in the
Executive Director's official capacity until the Board has taken a formal
position on the proposal in a public meeting; or

b)

encouraging
DC's or the public to support or oppose any legislation.

Investigations
and Initial Review

10.

Limits
the scope of an investigation 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.

11.

Prohibits
the Board from subpoenaing information related to a licensee's personal
finances during an investigation.

12.

Requires
the Board to complete an investigation and initial review within 90 days of
receiving a complaint unless it extends the time to investigate.

13.

Allows the 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 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.

14.

Requires
the 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.

15.

Deems,
if the Board has not made a final decision after the 220 days, the complaint
administratively closed.

16.

Entitles
a licensee to restitution for all costs incurred relating to an investigation
and formal hearing process if a court of competent jurisdiction finds that the Board
acted capriciously against the licensee without merit and in violation of
statute, rules, policies or procedures.

Criminal
Complaint Referrals

17.

Requires
the Board to 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.

18.

Allows
the Board to refer the complaint to law enforcement without obtaining the
complainant's consent or substantiating the complaint.

19.

Allows
the 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.

20.

Requires
the law enforcement agency that received the complaint or information to inform
the Board of the outcome of the law enforcement agency's investigation and
whether charges are filed against the DC.

21.

Allows
the Board to investigate the referred complaint or information to determine if
it constitutes a violation of unprofessional conduct.

Licensure

22.

Requires
the Board to 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.�

23.

Requires,
rather than allows, the Board to require an applicant for licensure to submit a
full set of fingerprints to the Board.

24.

Stipulates
that, after 90 days, the Board must automatically suspend a license if the
licensee does not submit a complete application for renewal and pay the renewal
fee.

25.

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.

26.

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 Board.

Miscellaneous

27.

Defines

chiropractic physician, member
and
patient safety
.

28.

Contains
a statement of legislative intent.

29.

Makes
technical and conforming changes.

30.

Becomes
effective on the general effective date.

Prepared by Senate Research

January 30, 2026

JT/ci

Current Bill Text

SB1021 - 572R - H Ver

House Engrossed
Senate Bill

chiropractic
board; complaints; training; authority

(now: health
profession regulatory boards; notification)

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1021

AN
ACT

amending
section 41-1013, Arizona Revised Statutes; amending title 41, chapter 7,
article 10.1, Arizona Revised Statutes, by adding section 41-1279.08;
relating to health profession regulatory boards.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section
1.
1. Section
41-1013, Arizona Revised Statutes, is amended to read:

START_STATUTE
41-1013.

Register

A. The secretary of state shall electronically
publish the register at least once each month and include the contents listed
under subsection B of this section. The secretary of state shall publish the
notices that are filed with the secretary of state during the preceding thirty
days. The register shall include a table of contents and a cumulative index.

B. The register shall contain the following:

1. Notices of rulemaking docket openings, including
the subject matter of the rules under consideration.

2. Notices of proposed rulemaking.

3. Notices of supplemental proposed rulemaking.

4. Notices of proposed exempt rulemaking for
agencies that are exempt from the requirements of
this
chapter

6 of this title
but that are required to publish the
notice in the register.

5. Notices of oral proceedings if the oral
proceeding was not listed in the notice of rulemaking docket opening as
provided in section 41-1021, subsection B, paragraph 5.

6. Notices of final exempt rulemaking for agencies
that are exempt from the requirements of
this
chapter
6 of this title
. For the purposes of this paragraph, "final
exempt rulemaking" means rulemaking in which an agency received public
comment on the rulemaking regardless of whether the proposed rulemaking was
published in the register or elsewhere by the agency as required in the
exemption.

7. Notices of exempt rulemaking for agencies that
have a onetime exemption from the requirements of
this
chapter

6 of this title
or that are exempt pursuant to section 41-1005. For
the purposes of this paragraph, "exempt rulemaking" means a
rulemaking in which an agency did not publish a notice of proposed rulemaking
and the agency was not required to conduct a public hearing or receive public
comments.

8. Proposed and final notices of expedited
rulemaking and notices that an objection was received regarding a proposed
expedited rulemaking.

9. Notices of an agency substantive policy
statement. The notice of a substantive policy statement shall
contain the name and
a
summary of the policy statement
and the website address where the full text of the document is available, if
practicable.

10. Notices of intent to increase state museum fees
pursuant to section 15-1631.

11. Notices of actions taken by the governor's
regulatory review council.

12. Notices of an agency guidance document or
revisions to a guidance document. This notice shall contain the name and a
summary of the guidance document and information where a person may view the
document in its entirety.

13. Notices of each agency ombudsman pursuant to
section 41-1006.

14. Notices of public information that pertain to
rulemaking notices.

15. Deadlines of the governor's regulatory review
council.

16. Letters of dissent filed by the
joint legislative audit committee pursuant to section 41-1279.08.

C. All notices listed in subsection B of this
section, except the notices under subsection B, paragraphs 1, 5, 9, 10, 11, 12,
13, 14
,

and
15
and 16

of this section, must include a preamble and the full text of the rule
being proposed, amended, renumbered or repealed.

D. The register shall be published electronically
for free. The secretary of state shall establish a commercial-use
fee pursuant to section 39-121.03. Any paper subscription in place at the
end of fiscal year 2016-2017 shall be honored until the subscription
expires.

E. For the purposes of this section, full text
publication in the register includes new, amended, renumbered, repealed and
existing language that an agency deems necessary for the proper understanding
of a rule notice. Rules that are undergoing extensive revision may be reprinted
in whole. Existing rule language that is not required for understanding shall
be omitted and marked "no change".
END_STATUTE

Sec.
2.
2. Title
41, chapter 7, article 10.1, Arizona Revised Statutes, is amended by adding
section 41-1279.08, to read:

START_STATUTE
41-1279.08.

Health
profession regulatory boards; evidence of criminal activity; notification
requirement; investigations; reporting requirements; letters of dissent;
definition

A. If, during a sunset review,
performance audit or special audit or any other audit or investigation
conducted pursuant to this article, the auditor general finds evidence that a
member, the executive director or any staff member of a health profession
regulatory board potentially engaged in criminal activity, including fraud,
embezzlement, misuse of public monies, bribery, forgery or a conflict of
INTEREST violation of title 38, chapter 3, article 8, the auditor general
shall:

1. Immediately notify in writing the
committee, the governor, the president of the senate, the speaker of the house
of representatives and the attorney general of the findings.

2. Transmit a copy of the relevant
audit findings and supporting evidence to the attorney general.

B. If the attorney general determines
that a conflict of interest exists that prohibits the attorney general from
investigating the audit findings transmitted pursuant to subsection A of this
section, the attorney general shall refer the complaint to a county attorney
for investigation. The attorney general or, if applicable, the county attorney
who receives the referral pursuant this subsection shall make a written report
of findings and conclusions as a result of the investigation within thirty days
after receipt of the findings or referral and shall provide a copy of the
report to the members of the committee.

C. Concurrent with the investigation
pursuant to subsection B of this section by the attorney general or, if
applicable, the county attorney who receives the referral pursuant to
subsection B of this section, the committee, in coordination with the auditor
general, shall do all of the following:

1. Review the auditor general's
findings and any related evidence.

2. examine the administrative,
regulatory and operational practices of the health profession regulatory board
that contributed to or allowed the potential criminal activity.

3. Evaluate the health profession
regulatory board's compliance with statutes, rules and policies.

4. Recommend legislative changes,
board reforms, personnel actions or other measures to prevent recurrence.

5. Issue a report with findings and
recommendations to the governor, the speaker of the house of representatives
and the president of the senate within one hundred eighty days after the
auditor general's notification pursuant to subsection A of this section, with
updates as necessary.

D. If, after performing the review,
examination and evaluation pursuant to subsection C of this section, the
committee finds that the health profession regulatory board's practices are
based on a misinterpretation of the law or a rule that is based on a
misinterpretation of the law or that the health profession regulatory board is
acting beyond its statutory authority, the committee may prepare a letter of
dissent expressing its findings. The committee shall file the letter of dissent
with the secretary of state to be published in the register pursuant to section
41-1013.

E. A health profession regulatory
board that is the subject of the audit findings pursuant to this section shall
fully cooperate with both the investigation by the attorney general or, if
applicable, the county attorney who receives the referral pursuant to
subsection B of this section and the committee investigation, including
providing access to records, personnel and other information as requested,
subject to applicable privileges and confidentiality laws.

F. This section does not limit the
existing authority of the auditor general, the attorney general, a county
attorney or the committee to investigate, audit or prosecute alleged criminal
activity or regulatory violations.

G. For the purposes of this section,
"HEALTH profession regulatory board" has the same meaning prescribed
in section 32-3201.
END_STATUTE