ARIZONA REVISED STATUTES
The Board of Medical Examiners’ defining statutes from Title 32, Chapter 13 are reprinted below in their entirety. When provisions from statutes outside of this chapter interact with those in Chapter 13, they are excerpted below and marked by red text.
PROFESSIONS AND OCCUPATIONS
In this chapter, unless the context otherwise requires:
1. "Active license" means a valid and existing license to practice medicine.
2. "Adequate records" means legible medical records containing, at a minimum, sufficient information to identify the patient, support the diagnosis, justify the treatment, accurately document the results, indicate advice and cautionary warnings provided to the patient and provide sufficient information for another practitioner to assume continuity of the patient's care at any point in the course of treatment.
3. "Advisory Letter" means a nondisciplinary letter to notify a licensee that while there is insufficient evidence to support disciplinary action, the Board believes that continuation of the activities that led to the investigation may result in further Board action against the licensee.
4. "Approved hospital internship, residency or clinical fellowship program" means a program at a hospital that at the time the training occurred was legally incorporated and that had a program that was approved for internship, fellowship or residency training by the accreditation council for graduate medical education, the association of American medical colleges, the royal college of physicians and surgeons of Canada or any similar body in the United States or Canada approved by the board whose function is that of approving hospitals for internship, fellowship or residency training.
5. "Approved school of medicine" means any school or college offering a course of study which, upon successful completion, results in the degree of doctor of medicine and whose course of study has been approved or accredited by an educational or professional association, recognized by the board, including the association of American medical colleges, the association of Canadian medical colleges or the American medical association.
6. "Board" means the allopathic board of medical examiners of the state of Arizona.
7. "Completed application" means that the applicant has supplied all required fees, information and correspondence requested by the board on forms and in a manner acceptable to the board.
8. "Direct supervision" means that a physician, physician assistant licensed pursuant to chapter 25 of this title or nurse practitioner licensed pursuant to chapter 15 of this title is within the same room or office suite as the medical assistant in order to be available for consultation regarding those tasks the medical assistant performs pursuant to section 32-1456.
9. "Dispense" means the delivery by a doctor of medicine of a prescription drug or device to a patient, except for samples packaged for individual use by licensed manufacturers or repackagers of drugs, and includes the prescribing, administering, packaging, labeling and security necessary to prepare and safeguard the drug or device for delivery.
10. "Doctor of medicine" means a natural person holding a license, registration or permit to practice medicine pursuant to this chapter.
11. "Full-time faculty member" means a physician employed full time as a faculty member while holding the academic position of assistant professor or a higher position at an approved school of medicine.
12. "Health care institution" means any facility as defined in section 36-401, any person authorized to transact disability insurance, as defined in title 20, chapter 6, article 4 or 5, any person who is issued a certificate of authority pursuant to title 20, chapter 4, article 9 or any other partnership, association or corporation which provides health care to consumers.
13. "Immediate family" means the spouse, natural or adopted children, father, mother, brothers and sisters of the doctor and the natural or adopted children, father, mother, brothers and sisters of the doctor's spouse.
14. "Joint board" means the joint board on the regulation of physician assistants established pursuant to chapter 25 of this title.
15. "Letter of reprimand" means a disciplinary letter that is issued by the board and that informs the physician that the physician's conduct violates state or federal law and may require the Board to monitor the physician.
16. "Medical assistant" means an unlicensed person who meets the requirements of section 32-1456, has completed an education program approved by the board, assists in a medical practice under the supervision of a doctor of medicine, physician assistant or nurse practitioner and performs delegated procedures commensurate with the assistant's education and training but does not diagnose, interpret, design or modify established treatment programs or perform any functions which would violate any statute applicable to the practice of medicine.
17. "Medical peer review" means:
(a) The participation by a doctor of medicine in the review and evaluation of the medical management of a patient and the use of resources for patient care.
(b) Activities relating to a health care institution's decision to grant or continue privileges to practice at that institution.
18. "Medically incompetent" means a person who the board determines is incompetent based on a variety of factors including:
(a) A lack of sufficient medical knowledge or skills, or both, to a degree likely to endanger the health of patients.
(b) When considered with other indications of medical incompetence, failing to obtain a scaled score of at least seventy-five per cent on the written special purpose licensing examination administered by the board.
19. "Medicine" means allopathic medicine as practiced by the recipient of a degree of doctor of medicine.
20. "Physician" means a doctor of medicine licensed pursuant to this chapter.
21. "Practice of medicine" means the diagnosis, the treatment or the correction of or the attempt or the holding of oneself out as being able to diagnose, treat or correct any and all human diseases, injuries, ailments, infirmities, deformities, physical or mental, real or imaginary, by any means, methods, devices or instrumentalities, except as the same may be among the acts or persons not affected by this chapter. The practice of medicine includes the practice of medicine alone or the practice of surgery alone, or both.
22. "Special purpose licensing examination" means an examination developed by the national board of medical examiners on behalf of the federation of state medical boards for use by state licensing boards to test the basic medical competence of physicians who are applying for licensure and who have been in practice for a considerable period of time in another jurisdiction and to determine the competence of a physician under investigation by a state licensing board.
23. "Teaching hospital's accredited graduate medical education program" means that the hospital is incorporated and has an internship, fellowship or residency training program that is accredited by the accreditation council for graduate medical education, the American medical association, the association of American medical colleges, the royal college of physicians and surgeons of Canada or a similar body in the United States or Canada approved by the board whose function is that of approving hospitals for internship, fellowship or residency training.
24. "Teaching license" means a valid license to practice medicine as a full-time faculty member of an approved school of medicine or a teaching hospital's accredited graduate medical education program.
25. "Unprofessional conduct" includes the following, whether occurring in this state or elsewhere:
(a) Violating any federal or state laws or rules and regulations applicable to the practice of medicine.
(b) Intentionally disclosing a professional secret or intentionally disclosing a privileged communication except as either act may otherwise be required by law.
(c) False, fraudulent, deceptive or misleading advertising by a doctor of medicine or the doctor's staff, employer or representative.
(d) 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.
(e) Failing or refusing to maintain adequate records on a patient.
(f) Habitual intemperance in the use of alcohol or habitual substance abuse.
(g) Using controlled substances except if prescribed by another physician for use during a prescribed course of treatment.
(h) Prescribing or dispensing controlled substances to members of the physician's immediate family.
(i) Prescribing, dispensing or administering schedule II controlled substances as defined in section 36-2513 including amphetamines and similar schedule II sympathomimetic drugs in the treatment of exogenous obesity for a period in excess of thirty days in any one year, or the non-therapeutic use of injectable amphetamines.
(j) Prescribing, dispensing or administering any controlled substance or prescription-only drug for other than accepted therapeutic purposes.
(k) Signing a blank, undated or predated prescription form.
(l) Conduct that the board determines is gross malpractice, repeated malpractice or any malpractice resulting in the death of a patient.
(m) Representing that a manifestly incurable disease or infirmity can be permanently cured, or that any disease, ailment or infirmity can be cured by a secret method, procedure, treatment, medicine or device, if such is not the fact.
(n) Refusing to divulge to the board upon demand the means, method, procedure, modality of treatment or medicine used in the treatment of a disease, injury, ailment or infirmity.
(o) Action taken against a doctor of medicine by another licensing or regulatory jurisdiction due to that doctor's mental or physical inability to engage safely in the practice of medicine, his medical incompetence or for unprofessional conduct as defined by that jurisdiction and which 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 by that jurisdiction, otherwise limiting, restricting or monitoring a licensee by that jurisdiction or placing a licensee on probation by that jurisdiction.
(p) Sanctions imposed by an agency of the federal government, including restricting, suspending, limiting or removing a person from the practice of medicine or restricting that person's ability to obtain financial remuneration.
(q) Any conduct or practice which is or might be harmful or dangerous to the health of the patient or the public.
(r) Violating a formal order, probation, consent agreement or stipulation issued or entered into by the board or its executive director under the provisions of this chapter.
(s) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision of this chapter.
(t) Knowingly making any false or fraudulent statement, written or oral, in connection with the practice of medicine or if applying for privileges or renewing an application for privileges at a health care institution.
(u) 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 which has the same effect.
(v) Obtaining a fee by fraud, deceit or misrepresentation.
(w) Charging or collecting a clearly excessive fee. In determining if a fee is clearly excessive, the fee or range of fees customarily charged in the state for similar services shall be considered by the board, in light of modifying factors, such as the time required, the complexity of the service and the skill requisite 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 which has been entered into prior to the provision of service.
(x) Fetal experiments conducted in violation of section 36-2302.
(y) The use of experimental forms of diagnosis and treatment 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 as approved by the federal food and drug administration or its successor agency.
(z) Sexual intimacies with a patient.
(aa) Procuring or attempting to procure a license to practice medicine or a license renewal by fraud, by misrepresentation or by knowingly taking advantage of the mistake of another person or an agency.
(bb) Representing or holding oneself out as being a medical specialist when such is not the fact.
(cc) Maintaining a professional connection with or lending one's name to enhance or continue the activities of an illegal practitioner of medicine.
(dd) Failing to furnish information in a timely manner to the board or its investigators or representatives if legally requested by the board.
(ee) 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 his medical practice or medically related activities.
(ff) Knowingly failing to disclose to a patient on a form that is prescribed by the board and that is dated and signed by the patient or guardian acknowledging that the patient or guardian has read and understands that the doctor has a direct financial interest in a separate diagnostic or treatment agency or in non-routine goods or services which the patient is being prescribed and if the prescribed treatment, goods or services are available on a competitive basis. This subdivision does not apply to a referral by one doctor of medicine to another doctor of medicine within a group of doctors of medicine practicing together.
(gg) Using chelation therapy in the treatment of arteriosclerosis or as any other form of therapy, with the exception of treatment of heavy metal poisoning, without:
(i) Adequate informed patient consent.
(ii) Conforming to generally accepted experimental criteria, including protocols, detailed records, periodic analysis of results and periodic review by a medical peer review committee.
(iii) Approval by the federal food and drug administration or its successor agency.
(hh) Prescribing, dispensing or administering anabolic-androgenic steroids to a person for other than therapeutic purposes.
(ii) Lack of or inappropriate direction, collaboration or direct supervision of a medical assistant or a licensed, certified or registered health care provider employed by, supervised by or assigned to the physician.
(jj) Knowingly making a false or misleading statement to the board or on a form required by the board or in a written correspondence, including attachments, with the board.
(kk) Failing to dispense drugs and devices in compliance with article 6 of this chapter.
(ll) Conduct that the board determines is gross negligence, repeated negligence or negligence resulting in harm to or the death of a patient.
(mm) The representation by a doctor of medicine or his staff, employer or representative that the doctor is boarded or board certified if this is not true or the standing is not current or without supplying the full name of the specific agency, organization or entity granting this standing.
(nn) Refusing to submit to a body fluid examination as required by the board pursuant to section 32-1452 or pursuant to a board investigation into a doctor of medicine's alleged substance abuse.
(oo) Failing to report in writing to the board or the joint board any evidence that a doctor of medicine or a physician assistant is or may be medically incompetent, guilty of unprofessional conduct or mentally or physically unable to safely practice medicine or as a physician assistant.
(pp) The failure of a physician who is the chief executive officer, the medical director or the medical chief of staff of a health care institution to report in writing to the board that the hospital privileges of a doctor of medicine have been denied, revoked, suspended, supervised or limited because of actions by the doctor that appear to show that the doctor is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be unable to engage safely in the practice of medicine.
(qq) Representing oneself to be a current member of the board, its staff or a board medical consultant if this is not true.
(rr) Failing to make patient medical records in the physician's possession
promptly available to a physician assistant, a nurse practitioner, a person
licensed pursuant to this chapter or a podiatrist, chiropractor, naturopathic
physician, osteopathic physician or homeopathic physician licensed under
chapter 7, 8, 14, 17 or 29 of this title on 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.
32-1402. Allopathic board of medical examiners; appointment; qualifications; term; removal; compensation; immunity
A. The allopathic board of medical examiners is established. The board consists of twelve members, three of whom shall represent the public, one of whom shall be a licensed professional nurse who is a member of the state board of nursing and eight of whom shall be actively practicing medicine. The eight physicians must be from at least three different counties of the state. Except for the licensed professional nurse member, no more than five of the board members shall be from any one county. Except for the licensed professional nurse member who is appointed by the state board of nursing, members of the board are appointed by the governor. The governor may appoint doctors of medicine to the board from a list that is submitted by the Arizona medical association and that contains at least two names for each vacancy to be filled. The governor may require the Arizona medical association or any of the county medical societies to submit an additional list or lists if the governor determines this is necessary. All appointments shall be made promptly, and, in the case of the vacancy of a doctor of medicine, the governor shall not make this appointment later than ninety days after the governor receives a list of nominees as provided in this section. The governor shall make all appointments pursuant to section 38-211.
B. Each doctor of medicine and each professional nurse who is appointed to the board shall have been a resident of this state and actively engaged in the practice of medicine as a licensed physician or the practice of nursing as a licensed professional nurse for at least the five years prior to appointment.
C. Except for the licensed professional nurse member whose term of office shall be three years commencing on July 1 and terminating on July 1 of the third year, the term of office of a member of the board shall be five years, commencing on July 1 and terminating on July 1 of the fifth year. Each member is eligible for reappointment for not more than one additional term. However, the term of office for a member of the board appointed to fill a vacancy occasioned other than by expiration of a full term is for the unexpired portion of that term and the governor may reappoint that member to not more than two additional full terms. Each member of the board shall continue to hold office until the appointment and qualification of that member's successor, subject to the following exceptions:
1. A member of the board, after notice and a hearing before the governor, may be removed upon a finding by the governor of continued neglect of duty, incompetence, or unprofessional or dishonorable conduct, in which event that member's term shall end when the governor makes this finding.
2. The term of any member automatically ends:
(a) On death.
(b) On written resignation submitted to the board chairman or to the governor.
(c) On absence from the state for a period of more than six months.
(d) For failure to attend three consecutive meetings of the board.
(e) Five years after retirement from the active practice of medicine.
D. The board shall annually elect, from among its membership, a chairman, a vice-chairman and a secretary, who shall hold their respective offices at the pleasure of the board.
E. Board members are eligible to receive compensation in the amount of one hundred fifty dollars per day for each day of actual service in the business of the board and all expenses necessarily and properly incurred in attending meetings of the board.
F. Members of the board are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter.
G. The board shall submit a written report to the governor no later than
August 31 of each year on the board's licensing and disciplinary activities
for the previous fiscal year. Public members appointed to the board may
submit a separate written report to the governor by August 31 of each
year setting forth their comments relative to the board's licensing and
disciplinary activities for the previous fiscal year.
Allopathic board of medical examiners; termination July 1, 2002
A. The Allopathic Board of Medical Examiners terminates on July 1, 2002.
B. Title 32, Chapter 13 is repealed on January
32-1403. Powers and duties of the board; compensation; immunity
A. The primary duty of the board is to protect the public from unlawful, incompetent, unqualified, impaired or unprofessional practitioners of allopathic medicine through licensure, regulation and rehabilitation of the profession in this state. The powers and duties of the board include:
1. Ordering and evaluating physical, psychological, psychiatric and competency testing of licensed physicians and candidates for licensure as may be determined necessary by the board.
2. Initiating investigations and determining on its own motion if a doctor of medicine has engaged in unprofessional conduct or provided incompetent medical care or is mentally or physically unable to engage in the practice of medicine.
3. Developing and recommending standards governing the profession.
4. Reviewing the credentials and the abilities of applicants whose professional records or physical or mental capabilities may not meet the requirements for licensure or registration as rescribed in article 2 of this chapter in order for the board to make a final determination as to whether the applicant meets the requirements for licensure pursuant to this chapter.
5. Disciplining and rehabilitating physicians.
6. Engaging in a full exchange of information with the licensing and disciplinary boards and medical associations of other states and jurisdictions of the United States and foreign countries and the Arizona medical association and its components.
7. Directing the preparation and circulation of educational material the board determines is helpful and proper for licensees.
8. Adopting rules regarding the regulation and the qualifications of doctors of medicine.
9. Establishing fees and penalties as provided pursuant to section 32-1436.
10. Delegating to the executive director the board’s authority pursuant to section 32-1405 or 32-1451. The board shall adopt substantive policy statements pursuant to section 41-1091 for each specific licensing and regulatory authority the board delegates to the executive director.
B. The board may appoint one of its members to the jurisdiction arbitration panel pursuant to section 32-2907, subsection B.
C. There shall be no monetary liability on the part of and no cause of action shall arise against the executive director or such other permanent or temporary personnel or professional medical investigators for any act done or proceeding undertaken or performed in good faith and in furtherance of the purposes of this chapter.
D. In conducting its investigations pursuant to subsection A, paragraph 2 of this section, the board may receive and review staff reports relating to complaints and malpractice claims.
E. The board shall establish a program that is reasonable and necessary to educate doctors of medicine regarding the uses and advantages of autologous blood transfusions.
F. The board may make statistical information on doctors of medicine
and applicants for licensure under this article available to academic
and research organizations.
32.1403.01. Licensees; profiles; required information; review; malpractice information
A. The allopathic board of medical examiners shall make available to the public a profile of each licensee. The board shall make this information available through an Internet web site and, if requested, in writing. The profile shall contain the following informtion:
1. A description of any criminal conviction within the last five years. For purposes of this paragraph, a licensee is deemed to be convicted of a crime if the licensee pled guilty or was found guilty by a court of competent jurisdiction.
2. A description of any charges within the last five years to which the licensee pled no contest.
3. The number of pending complaints and final board disciplinary and nondisciplinary actions, including dismissals, within the last five years. Information concerning pending complaints shall contain the following statement:
Pending complaints represent unproven allegations. On investigation, many complaints are found to be without merit and are dismissed.
4. All medical malpractice court judgments and all medical malpractice arbitration awards in which a payment was awarded to a complaining party within the last five years. Information concerning malpractice actions shall also contain the following statement:
The settlement of a medical malpractice action may occur for a variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the doctor. A payment in settlement of a medical malpractice action does not create a presumption that medical malpractice occurred.
5. The name and location of the licensee’s medical school and the date of graduation.
6. The name and location of the institution from which the licensee received graduate medical education and the dates that education was completed.
7. The licensee’s primary practice location.
B. Each licensee shall submit the information required pursuant to subsection A each year as directed by the board. An applicant for licensure shall submit this information at the time of application. The applicant and licensee shall submit the information on a form prescribed by the board. A licensee shall submit immediately any changes in information required pursuant to subsection A, paragraphs 1, 2 and 4. The board shall update immediately its Internet web site to reflect changes in information relating to subsection A, paragraphs 1 through 4. The board shall update the Internet web site information at least annually.
C. The Board shall provide each licensee with a copy of the licensee’s
profile and give the licensee reasonable time to correct the profile before
it is available to the public.
A. The board shall hold regular quarterly meetings on a date and at the time and place designated by the chairman. The board shall hold special meetings, including meetings using communications equipment that allows all members participating in the meeting to hear each other, as the chairman determines are necessary to carry out the functions of the board. The board shall hold special meetings on any day that the chairman determines is necessary to carry out the functions of the board. The vice-chairman may call meetings and special meetings if the chairman is not available.
B. The presence of seven board members at a meeting constitutes a quorum. A majority vote of the quorum is necessary for the board to take any action.
C. The chairman may establish committees from the membership of the board and define committee duties necessary to carry out the functions of the board.
D. The board may adopt rules pursuant to title 41, chapter 6 that are necessary and proper to carry out the purposes of this chapter.
32-1405. Executive director; compensation; duties; appeal to the board
A. The board shall appoint an executive director who shall serve at the pleasure of the board. The executive director shall not be a board member, except that the board may authorize the executive director to represent the board and to vote on behalf of the board at meetings of the federation of state medical boards of the United States.
B. The executive director is eligible to receive compensation set by the board within the range determined under section 38-611.
C. The executive director or the executive director’s designee shall:
1. Employ, evaluate, dismiss, discipline and direct professional, clerical, technical, investigative and administrative personnel necessary to carry on the work of the board.
2. Set compensation for board employees within the range determined under section 38-611.
3. As directed by the board, prepare and submit recommendations for amendments to the medical practice act for consideration by the legislature.
4. Appoint and 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.
5. Issue licenses, registrations and permits to applicants who meet the requirements of this chapter.
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 physician may be engaged in unprofessional conduct or may be medically incompetent or mentally or physically unable to safely practice medicine.
13. Issue subpoenas if necessary to compel the attendance and testimony of witnesses and the production of books, records, documents and other evidence.
14. Provide assistance to the attorney general in preparing and sign and execute 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. Manage and supervise the operation of the joint board on the regulation of physician assistants.
18. Issue certificates to physician assistant applicants who meet the requirements of chapter 25 of this title.
19. 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.
20. On behalf of the board, enter into stipulated agreements with persons under the jurisdiction of either the board or the joint board on the regulation of physician assistants for the treatment, rehabilitation and monitoring of chemical substance abuse or misuse.
21. Review all complaints filed pursuant to section 32-1451. If delegated by the Board, the executive director may also dismiss complaints that do not involve medical incompetence.
22. If delegated by the board, directly refer cases to a formal hearing if evidence warrants suspension or revocation.
23. If delegated by the board, close cases resolved through mediation.
24. If delegated by the board, issue advisory letters.
25. If delegated by the board, enter into a consent agreement if there is evidence of danger to the public health and saftey.
26. If delegated by the board, grant uncontested requests for inactive status and cancellation of a license pursuant to sections 32-1431 and 32-1433.
27. If delegated by the board, refer cases to the board for a formal interview.
28. Perform all other administrative, licensing or regulatory duties required by the board.
D. Medical consultants and agents appointed pursuant to subsection C, paragraph 4 of this section are eligible to receive compensation determined by the executive director in an amount not to exceed two hundred dollars for each day of service.
E. A person who is aggrieved by an action taken by the execuitve director may request the board to review that action by filing with the board a written request within thirty days after that person is notified of the executive director’s action by personal delivery or certified mail to that person’s last known residentce or place of business. At the next regular board meeting, the board shall review the executive director’s action. On review, the board shall approve, modify or reject the executive director’s action.
32-1406. Board of medical examiners' fund
A. A board of medical examiners' fund shall be established. All monies collected under the provisions of this chapter shall be deposited with the state treasurer who shall place ninety per cent of such monies in the board of medical examiners' fund and ten per cent of such monies in the state general fund.
B. Monies deposited in the board of medical examiners' fund shall be
subject to the provisions of section 35-143.01.
32-1407. Jurisdiction arbitration panel
A. When the board receives a complaint concerning a physician who is also licensed pursuant to chapter 29 of this title, the board shall immediately notify the board of homeopathic medical examiners. If the boards disagree and if both boards continue to claim jurisdiction over the dual licensee, an arbitration panel shall decide jurisdiction pursuant to section 32-2907, subsections B, C, D and E.
B. If the licensing boards decide without resorting to arbitration which
board or boards shall conduct the investigation, the board or boards conducting
the investigation shall transmit all investigation materials, findings
and conclusions to the other board with which the physician is licensed.
The board or boards shall review this information to determine if disciplinary
action shall be taken against the physician.
35-143.01. Special funds; appropriation; reversion; use
A. All monies deposited by the state treasurer in special agency funds of self-supporting regulatory agencies, as provided in section 35-142, to be used by such agency for administration and enforcement, shall be subject to annual legislative appropriation.
B. Unless otherwise provided by the legislature, a special fund self-supporting regulatory agency shall not expend more monies than are appropriated by the legislature for a fiscal year, and any monies remaining at the end of the fiscal year revert to the special agency fund.
C. Any unexpended or unencumbered balance of monies remaining in the
special funds of self-supporting regulatory agencies as provided in section
35-142 at the end of the fiscal year shall not revert to the state general
fund and may be made available by the legislature for use by the agency
for the following fiscal year.
ARTICLE 2: LICENSING
32-1421. Exemption from licensing requirements
A. This article does not apply to any person while engaged in:
1. The provision of medical assistance in case of an emergency.
2. The administration of family remedies including the sale of vitamins, health foods or health food supplements or any other natural remedies, except drugs or medicines for which an authorized prescription is required by law.
3. The practice of religion, treatment by prayer or the laying on of hands as a religious rite or ordinance.
4. The practice of any of the healing arts of and by Indian tribes in this state.
5. The lawful practice of any of the healing arts to the extent authorized by a license issued by this state.
6. Activities or functions which do not require the exercise of a doctor of medicine's judgment for their performance, are not in violation of the laws of this state, and are usually or customarily delegated to such persons by a doctor of medicine under the doctor's direction or supervision or are performed in accordance with the approval of a committee of physicians in a licensed health care institution.
7. The official duties of a medical officer in the armed forces of the United States, the United States veterans administration or the United States public health service or their successor agencies, if such duties are restricted to federal lands.
8. Any act, task or function competently performed by a physician assistant in the proper performance of the physician assistant's duties.
9. The emergency harvesting of donor organs by a doctor of medicine or team of doctors of medicine licensed to practice medicine in another state or country for use in another state or country.
B. This article does not apply to any doctor of medicine residing in
another state, federal jurisdiction or country who is authorized to practice
medicine in that jurisdiction, if he engages in actual single or infrequent
consultation with a doctor of medicine licensed in this state and if the
consultation regards a specific patient or patients.
32-1422. Basic requirements for granting a license to practice medicine
A. An applicant for a license to practice medicine in this state pursuant to this article shall meet each of the following basic requirements:
1. Graduate from an approved school of medicine or receive a medical education which the board deems to be of equivalent quality.
2. Successfully complete an approved twelve month hospital internship, residency or clinical fellowship program.
3. Have the physical and mental capability to safely engage in the practice of medicine.
4. Have a professional record which indicates that the applicant has not committed any act or engaged in any conduct which would constitute grounds for disciplinary action against a licensee under this chapter.
5. Have a professional record which indicates that the applicant has not had a license to practice medicine refused, revoked, suspended or restricted in any way by any state, territory, district or country for reasons which relate to the applicant’s ability to competently and safely practice medicine.
6. Pay all fees required by the board.
7. Complete the application as required by the board.
B. The board may require the submission of such credentials or other evidence, written and oral, and make any investigation it deems necessary to adequately inform itself with respect to an applicant's ability to meet the requirements prescribed by this section, including a requirement that the applicant for licensure undergo a physical examination, a mental evaluation and an oral competence examination and interview, or any combination thereof, as the board deems proper.
C. In determining if the requirements of subsection A, paragraph 4 have been met, if the board finds that the applicant committed an act or engaged in conduct that would constitute grounds for disciplinary action, the board shall determine to its satisfaction that the conduct has been corrected, monitored and resolved. If the matter has not been resolved, the board shall determine to its satisfaction that mitigating circumstances exist which prevent its resolution.
D. In determining if the requirements of subsection A, paragraph 5, have been met, if another jurisdiction has taken disciplinary action against an applicant, the board shall determine to its satisfaction that the cause for the action was corrected and the matter resolved. If the matter has not been resolved by that jurisdiction, the board shall determine to its satisfaction that mitigating circumstances exist which prevent its resolution.
E. The board may delegate authority to the executive director to deny
licenses if applicants do not meet the requirements of this section.
32-1423. Additional requirements for students graduating from an unapproved allopathic school of medicine
In addition to the basic requirements for licensure prescribed in section 32-1422, any applicant who has graduated from an unapproved school of medicine shall meet each of the following requirements:
1. Be able to read, write, speak, understand and be understood in the English language.
2. Hold a standard certificate issued by the educational council for foreign medical graduates, complete a fifth pathway program as provided in section 32-1424, subsection A, or complete thirty-six months as a full-time assistant professor or in a higher position in an approved school of medicine.
3. Successfully complete an approved twenty-four month hospital internship,
residency or clinical fellowship program, in addition to the twelve months
required in section 32-1422, subsection A, paragraph 2, for a total of
thirty-six months of training unless the applicant successfully completed
a fifth pathway program as provided by section 32-1424 or has served as
a full-time assistant professor or in a higher position in an approved
school of medicine for a total of thirty-six months.
32-1424. Fifth pathway program; licensure
A. In addition to the requirements for licensure prescribed in sections 32-1422 and 32-1423, an applicant for licensure under this article who attended a foreign school of medicine and successfully completed all the formal requirements to receive the degree of doctor of medicine except internship or social service, and is accordingly not eligible for certification by the educational council for foreign medical graduates, may be considered for licensure under this chapter if the applicant meets the following conditions:
1. Satisfactorily completes an approved fifth pathway program of one academic year of supervised clinical training under the direction of an approved school of medicine in the United States.
2. Successfully completes an approved twenty-four month internship, residency or clinical fellowship program upon completion of the fifth pathway program.
B. A document granted by a foreign school of medicine signifying completion
of all the formal requirements for graduation from such foreign medical
school except internship or social service training, or both, along with
certification by the approved school of medicine in the United States
of successful completion of the fifth pathway program is deemed the equivalent
of a degree of doctor of medicine for purposes of licensure and practice
as a physician in this state.
32-1425. Licensure by examination
A. An applicant who meets the applicable requirements provided in section 32-1422, 32-1423 or 32-1424, has passed steps one and two of the United States medical licensing examination or one of the examination combinations prescribed in section 32-1426, subsection B, paragraph 4, subdivision (c), items (i) and (ii), has paid the fees required by this chapter and has filed a completed application found by the board to be true and correct is eligible for licensure as a doctor of medicine upon successful passage of step three of the United States medical licensing examination administered by the board with a scaled score of at least seventy-five if the applicant has passed all three steps within a seven year period after first sitting for step one.
B. An applicant for licensure applying pursuant to section 32-1422, 32-1423 or 32-1424 may take the examination only after successfully completing six months of a board approved hospital internship, residency or clinical fellowship or fifth pathway program or has served as a full-time assistant professor or in a higher position in a board approved school of medicine in this state.
C. Step three of the examination shall be administered semiannually and is a two day examination.
D. An applicant who fails step three of the examination administered pursuant to this section may retake the examination at any subsequent scheduled examination on payment of all applicable fees prescribed in this chapter. An applicant who fails to pass step three within a seven year period after first sitting for step one shall not retake step three until the applicant has successfully retaken and passed steps one and two. A second seven year cycle goes into effect from the date that the applicant retakes step one of the examination.
E. An applicant who has complied with all the requirements of this article and is eligible to take the examination shall be given at least twenty days' written notice by the board of the time and place at which the examination shall be given.
F. The board shall not grant a license until the applicant meets the
requirements for licensure pursuant to this chapter.
32-1425.01. Examination without licensure application; requirements
A. A person who wishes to take step three of the United States medical licensing examination in this state but who does not wish to apply for licensure shall:
1. Submit a written application to take the examination at least one hundred days before the published examination date.
2. Pay the examination fee with a cashier's check or money order in United States funds at least sixty days before the examination date.
3. Submit proof that the person has graduated from an allopathic medical school listed in the current or updated editions of the world health organizations directory of medical schools and has successfully completed at least nine months of a twelve month approved hospital internship, residency or clinical fellowship in this state and is scheduled to successfully complete this training at the end of twelve months. The applicant shall submit proof of these facts either from the American medical association national credential verification service or on a form prescribed by the board.
4. Submit proof that the person has passed steps one and two of the United States medical licensing examination from the national board of medical examiners and that the date of this examination is not more than seven years from the initial date that the person first took step one of this examination.
B. Board approval for a person to take the examination does not mean
that the person is eligible for licensure unless that person meets all
other licensure requirements prescribed by this chapter.
32-1426. Licensure by endorsement
A. An applicant who meets the applicable requirements prescribed in section 32-1422, 32-1423 or 32-1424, has paid the fees required by this chapter and has filed a completed application found by the board to be true and correct is eligible to be licensed to engage in the practice of medicine in this state through endorsement under either one of the following conditions:
1. The applicant is certified by the national board of medical examiners as having successfully passed all three parts of the examination of the national board of medical examiners.
2. The applicant has successfully passed a written examination administered by any state, territory or district of the United States, a province of Canada or the medical council of Canada.
B. An applicant seeking licensure based on any jurisdiction's examination shall establish to the satisfaction of the board that the examination is substantially equivalent to the examination required by the board and that any of the following has been met:
1. The applicant successfully completed the three part written federation of state medical boards licensing examination administered by any jurisdiction before January 1, 1985 and obtained a weighted grade average of at least seventy-five on the complete examination. Successful completion of the examination shall be achieved in one sitting.
2. The applicant successfully completed the two component federation licensing examination administered after December 1, 1984 and obtained a scaled score of at least seventy-five on each component within a five year period.
3. The applicant's score on the United States medical licensing examination was equal to the score required by this state for licensure by examination pursuant to section 32-1425 and the applicant passed the three steps of the examination within a seven year period.
4. The applicant successfully completed one of the following combinations of examinations within a seven year period, or a longer period established by the board in rules adopted pursuant to title 41, chapter 6:
(a) Parts one and two of the national board of medical examiners examination, administered either by the national board of medical examiners or the educational commission for foreign medical graduates, with a successful score determined by the national board of medical examiners and passed either step three of the United States medical licensing examination or component two of the federation licensing examination with a scaled score of at least seventy-five.
(b) The federation licensing examination component one examination and the United States medical licensing step three examination with scaled scores of at least seventy-five.
(c) Each of the following:
(i) Part one of the national board of medical examiners licensing examination with a passing grade as determined by the national board of medical examiners or step one of the United States medical licensing examination with a scaled score of at least seventy-five.
(ii) Part two of the national board of medical examiners licensing examination with a passing grade as determined by the national board of medical examiners or step two of the United States medical licensing examination with a scaled score of at least seventy-five.
(iii) Part three of the national board of medical examiners licensing examination with a passing grade as determined by the national board of medical examiners or step three of the United States medical licensing examination with a scaled score of at least seventy-five or component two of the federation licensing examination with a scaled score of at least seventy-five.
C. The board may require an applicant seeking licensure by endorsement
based on successful passage of a written examination or combination of
examinations, the most recent of which precedes by more than ten years
the application for licensure by endorsement in this state to take and
pass a special purpose licensing examination to assist the board in determining
the applicant's ability to safely engage in the practice of medicine.
The board may also conduct a records review and physical and psychological
assessments. If appropriate, and may review practice history to determine
the applicant’s ability to safely engage in the practice of medicine.
32-1427. Application; hearing on deficiencies in application; interview
A. Each applicant for licensure shall file a verified completed application in the form and style required by the board together with the fee prescribed in this article. The application shall indicate whether the application for licensure is by written examination or by endorsement. The board may require the submission of such evidence, credentials and other proof as may be necessary to determine that the applicant meets the requirements for licensure.
B. Each application submitted pursuant to this section shall contain the oath of the applicant that:
1. All of the information contained in the application and accompanying evidence or other credentials submitted are true and correct.
2. The credentials submitted with the application were procured without fraud or misrepresentation or any mistake of which the applicant is aware and that the applicant is the lawful holder of the credentials.
3. The applicant authorizes the release of any information from any source requested by the board necessary for initial and continued licensure in this state.
C. All applications, completed or otherwise, together with all attendant evidence, credentials and other proof submitted with the applications are the property of the board.
D. The board shall, promptly and in writing, inform an applicant of any deficiency existing in his application for licensure under this article which prevents the application from being processed.
E. An applicant who disagrees with the statement of deficiency shall upon request be granted a hearing before the board at its next regular meeting if there is time at that meeting to hear the matter. In no event shall the board delay this hearing beyond one regularly scheduled meeting. At any hearing granted pursuant to this subsection, the burden of proof shall be upon the applicant to demonstrate that the alleged deficiencies do not exist.
F. Applications are considered withdrawn upon:
1. The written request of the applicant.
2. The failure of the applicant except for good cause shown to appear for an interview with the board.
3. The failure to submit within one year of notification the necessary evidence, credentials or other proof identified by the board as being deficient pursuant to subsection D of this section.
G. The board may deny a license to an applicant who does not meet the
requirements of this article.
32-1428. Temporary license to practice medicine; duration of license
A. The executive director may issue a temporary license to any applicant seeking licensure through endorsement whose application is complete except for taking and passing the special purpose licensing examination required in section 32-1426, subsection C and who has applied in writing for such temporary license. The executive director may issue a temporary license to an applicant only once.
B. A temporary license issued pursuant to this section is effective from the date that the application is approved until the last day of the month in which the scores of the special purpose licensing examination for which the applicant is eligible are received by the board.
C. A temporary license shall not be extended, renewed, reissued or allowed
to continue in effect beyond the period authorized by this section.
32-1429. Locum tenens and pro bono registration; application; term
A. The board may issue a registration to allow a doctor of medicine who is not a licensee to provide locum tenens medical services to substitute for or temporarily assist a doctor of medicine who holds an active license pursuant to this chapter or a doctor of osteopathy who holds an active license pursuant to chapter 17 of this title under the following conditions:
1. The applicant holds an active license to practice medicine issued by a state, district, territory or possession of the United States.
2. The applicant provides on forms and in a manner prescribed by the board proof that the applicant meets the applicable requirements of section 32-1422, 32-1423 or 32-1424.
3. The license of the applicant from the jurisdiction in which the applicant regularly practices medicine is current and unrestricted and has not been revoked or suspended for any reason and there are no unresolved complaints or formal charges filed against the applicant with any licensing board.
4. The doctor of medicine or doctor of osteopathy for whom the applicant for registration under this section is substituting or assisting provides to the board a written request for locum tenens registration of the applicant.
5. The applicant pays the fee prescribed under section 32-1436.
B. Locum tenens registration granted pursuant to this section is valid for a period of one hundred eighty consecutive days. A doctor of medicine is eligible to apply for and be granted locum tenens registration once every three years.
C. The board may issue a pro bono registration to allow a doctor who is not a licensee to practice in this state for sixty days each calendar year if the doctor:
1. Holds an active and unrestricted license to practice medicine in a state, territory or possession of the United States or an inactive license pursuant to section 32-1431.
2. Has never had the license revoked or suspended.
3. Is not the subject of an unresolved complaint.
4. Applies for registration on a yearly basis as prescribed by the board.
5. Provides proof satisfactory to the board that the doctor meets the applicable requirements of section 32-1422, 32-1423 or 32-1424.
6. Agrees to render all medical services without accepting a fee or salary.
32-1430. Active license; issuance; registration of license; renewal; expiration
A. The executive director shall issue an active license to practice medicine in this state when the applicant has satisfied all of the requirements for licensure under this article.
B. Under licensure pursuant to this section, the licensee shall promptly register the license and pay the registration fee required by this chapter.
C. Beginning on January 1, 2001, each person holding an active license to practice medicine in this state shall renew the license every other year on or before the licensee’s birthday and shall pay the fee required by this article, accompanied by a completed renewal form. A licensee who does not renew an active license as required by this subsection on or before thirty days after the licensee’s birthday must also pay a penalty fee as required by this article for late renewal. A licensee’s license automatically expires if the licensee does not renew an active license on or before four months after the licensee’s birthday. A person who practices medicine in this state after that person’s active license has expired is in violation of this chapter.
D. A person renewing an active license to practice medicine in this state shall attach to the completed renewal form a report of disciplinary actions, restrictions or any other action placed on or against that person’s license or practice by another state licensing or disciplinary board or agency of the federal government. This action may include denying a license or failing the special purpose licensing examination. The report shall include the name and address of the sanctioning agency or health care institution, the nature of the action taken and a general statement of the charges leading to the action taken.
E. A person whose license has expired may reapply for a license to practice
medicine as provided in this chapter.
32-3202. License or certificate suspension
The certificate or license of a health professional
who does not renew the certificate or license as prescribed by statute
and who has been advised in writing that an investigation is pending at
the time the certificate or license is due to expire or terminate does
not expire or terminate until the investigation is resolved. The
certificate or license is suspended on the date it would otherwise expire
or terminate and the health professional shall not practice in this state
until the investigation is resolved.
32-1431. Inactive license; application; practice prohibitions
A. A person holding a current active license to practice medicine in this state may request an inactive license from the board.
B. The board shall grant an inactive license and waive the annual renewal fees and requirements for continuing medical education specified by section 32-1434 when the person certifies that he has totally retired from the practice of medicine in this state and any state, territory and district of the United States or a foreign country and has paid all of the fees required by this chapter prior to the request. The board may grant pro bono registration pursuant to section 32-1429, subsection C, to a physician who holds an inactive license under this section.
C. During any period in which a medical doctor holds an inactive license, that person shall not engage in the practice of medicine or continue to hold or maintain a drug enforcement administration controlled substances registration certificate, except as permitted by a pro bono registration pursuant to section 32-1429, subsection C. Any person who engages in the practice of medicine while on inactive license status is considered to be a person who practices medicine without a license or without being exempt from licensure as provided in this chapter.
D. The board may convert an inactive license to an active license upon
the payment of the annual renewal fee and presentation of evidence satisfactory
to the board that the holder possesses the medical knowledge and is physically
and mentally able to safely engage in the practice of medicine. The board
may require any combination of physical examination, psychiatric or psychological
evaluation or successful passage of the special purpose licensing examination
or interview it finds necessary to assist it in determining the ability
of a physician holding an inactive license to return to the active practice
32-1432. Teaching license
A. A board approved school of medicine in this state or a teaching hospital's accredited graduate medical education program in this state may invite a doctor of medicine to provide and promote professional education through lectures, clinics or demonstrations. The doctor of medicine is prohibited from opening an office or designating a place to meet patients or receive calls relating to the practice of medicine in this state outside of the facilities and programs of the approved school or teaching hospital.
B. To receive a teaching license, the doctor of medicine shall:
1. Complete an application as prescribed by the board.
2. Pay all required fees.
3. Meet the basic requirements of section 32-1422 except for those relating to completing an approved hospital internship, residency or clinical fellowship program.
C. A teaching license is limited to a one year period. The doctor of medicine may reapply annually for no more than a total of four years. With each reapplication the doctor of medicine must submit all required fees and a petition from the school or teaching hospital asking the board for continuation of the teaching license.
D. The holder of a teaching license is not exempt from the requirements of this chapter with the exception of the training and examination requirements of this article.
E. A doctor of medicine holding a current teaching license at an approved
school of medicine may convert that license into an active license by
filing an application and meeting all applicable requirements of this
32-1432.01. Education teaching permit
A. The dean of a board approved school of medicine or the chairman of a teaching hospital's accredited graduate medical education program may invite a doctor of medicine who is not licensed in this state to demonstrate and perform medical procedures and surgical techniques for the sole purpose of promoting professional education for students, interns, residents, fellows and doctors of medicine in this state.
B. The chairman or dean of the inviting institution shall provide to the board evidence that an applicant for an educational permit has malpractice insurance in an amount that meets the requirements of the institution and that the applicant accepts all responsibility and liability for the procedures he performs within the scope of his permit. In a letter to the board, the chairman or the dean of the inviting institution shall outline the procedures and techniques that the doctor of medicine shall perform or demonstrate and the dates that this activity will occur. The letter shall also include a summary of the doctor's of medicine educational and professional background and be accompanied by the fee required pursuant to section 32-1436.
C. The inviting institution shall submit the fees and documents required pursuant to subsection B of this section no later than two weeks before the scheduled activity.
D. The board or its staff shall issue an educational teaching permit
for no more than five days for each approved activity.
32-1432.02. Training permit, short-term permits; discipline
A. The board shall grant a one year renewable training permit to a person participating in a teaching hospital's accredited internship, residency or clinical fellowship training program to allow that person to function only in the supervised setting of that program. Before the board issues the permit, the person shall comply with the applicable registration requirements of this article and pay the fee prescribed in section 32-1436.
B. If a person who is participating in a teaching hospital's accredited internship, residency or clinical fellowship program must repeat or make up time in the program due to resident progression or other issues, the board may grant that person a training permit if requested to do so by the program's director of medical education or a person who holds an equivalent position. The permit limits the permittee to practicing only in the supervised setting of that program.
C. The board shall grant a training permit to a person who is not licensed in this state and who is participating in a short-term training program of four months or less conducted in an approved school of medicine or a hospital that has an accredited hospital internship, residency or clinical fellowship program in this state for the purpose of continuing medical education. Before the board issues the permit, the person shall comply with the applicable registration requirements of this article and pay the fee prescribed in section 32-1436.
D. A permittee is subject to the disciplinary regulation of article 3
of this chapter.
32-1432.03. Training permits; approved schools
The executive director may grant a one year training permit to a person who:
1. Participates in a program at an approved school of medicine or a hospital that has an approved hospital internship, residency or clinical fellowship program if the purpose of the program is to exchange technical and educational information.
2. Pays the prescribed fee.
3. Submits a written statement from the dean of the approved school of medicine or from the chairman of a teaching hospital's accredited graduate medical education program that:
(a) Includes a request for the permit and describes the purpose of the exchange program.
(b) Specifies that the host institution will provide liability coverage.
(c) Provides the name of a doctor of medicine who will serve as the preceptor of the host institution and provide appropriate supervision of the participant.
(d) States that the host institution has advised the participant that
the participant may serve as a member of an organized medical team but
shall not practice medicine independently and that this training does
not accrue toward postgraduate training requirements for licensure.
32-1433. Cancellation of active license
A person who holds an active license to practice medicine in this state who is not presently under investigation by the board, as a result of a complaint or information received, and against whom the board has not commenced any disciplinary proceeding, may upon request be granted cancellation of his license. The board may accept the cancellation of an active license from a person who has been charged with any violation of this chapter or the rules and regulations promulgated under this chapter provided that such person admits the charges and so stipulates for the record.
A. A person who holds an active license to practice medicine in this state shall satisfy a continuing medical education requirement which is designed to provide the necessary understanding of current developments, skills, procedures or treatment related to the practice of medicine in such amount and during such period as the board establishes by rule and regulation.
B. Compliance with subsection A shall be documented at such times and in such manner as the board shall establish.
C. Failure of a person holding an active license to practice medicine
to comply with this section without adequate cause being shown is grounds
for probation, suspension or revocation of such person's license.
32-2842. Mammographic images; physicians; requirements
A. A physician licensed under chapter 13 or 17 of this title who reads or interprets mammographic images after January 1, 1994 shall meet the following requirements:
1. Have completed forty hours of medical education credits in mammography.
2. Is either certified by the American board of radiology in diagnostic radiology or the American osteopathic board of radiology in diagnostic radiology, as applicable, or is approved by the board of medical examiners or the Arizona board of osteopathic examiners in medicine and surgery, as applicable, as qualified to read and interpret mammographic images.
3. Has done either of the following:
(a) If the requirements are met by January 1, 1994, in the two year period before January 1, 1994, have interpreted or reviewed an average of three hundred mammograms a year or if the requirements are met after January 1, 1994, have interpreted or reviewed an average of three hundred mammograms in the two years immediately preceding qualification under the supervision of a physician qualified to read or interpret mammograms.
(b) Completed a radiology residency within the three years immediately preceding qualification.
B. A physician who meets the requirements of subsection A shall satisfy the continuing medical education requirements as follows:
1. The physician shall complete fifteen hours of continuing medical education credits in mammography every three years.
2. The physician shall interpret or review an average of three hundred mammograms a year over each two-year period.
C. The allopathic board of medical examiners and the Arizona board of osteopathic examiners in medicine and surgery shall establish minimum criteria to authorize doctors licensed under the respective board to read or interpret mammographic images. The requirements shall be in lieu of certification by either the American board of radiology in diagnostic radiology or the American osteopathic board of radiology in diagnostic radiology. Nothing in the criteria established by the respective boards shall relieve a physician from the requirements of subsection A, paragraphs 1 and 3 or subsection B. The respective boards shall require and maintain documentation showing that the physician has completed the educational and experience requirements.
D. A physician who reads or interprets mammograms
shall maintain records to establish compliance with subsection B, paragraph
2 and shall maintain records of outcome data that correlate positive mammograms
32-1435. Directory; change of address; costs; penalties
A. The board shall annually compile and publish a directory containing:
1. The names and addresses of the officers and members of the board and the joint board.
2. The names, addresses and fields of practice of all persons holding a license to practice medicine in this state.
3. The names and addresses of all persons certified by the joint board on the regulation of physician assistants and their supervising physicians.
4. The current certified board and joint board rules.
5. A copy of this chapter and chapter 25 of this title.
6. Additional information the board or the joint board deems of interest and importance to doctors of medicine and physician assistants.
B. Each person holding a current license to practice medicine in this state shall promptly and in writing inform the board of his current residence, office address and telephone number and of each change in his residence and office address or telephone number that may later occur.
C. A copy of the directory shall be given free of charge to each person licensed under this chapter or certified under chapter 25 of this title. The board shall make additional copies available at cost.
D. The board may assess the costs incurred by the board in locating a
licensee and in addition a penalty of not to exceed one hundred dollars
against a licensee who fails to comply with the provisions of subsection
B within thirty days from the date of change. Notwithstanding any law
to the contrary, monies collected pursuant to this subsection shall be
deposited in the board of medical examiners fund.
32-3801. Personal information maintained by professional boards; confidentiality
Notwithstanding any law to the contrary, a professional's
residential address and residential telephone number or numbers maintained
by the professional board established pursuant to this title are not available
to the public unless they are the only address and numbers of record.
32-1436. Fees and penalty
A. The board shall by a formal vote, at its annual fall meeting, establish nonrefundable fees and penalties which do not exceed the following:
1. For an application for an active license to practice medicine by written United States medical licensing examination, seven hundred dollars.
2. For an application to take the United States medical licensing examination without a licensure application, seven hundred dollars.
3. For an application for an active license to practice medicine by endorsement requiring a special purpose licensing examination, seven hundred dollars.
4. For an application for an active license to practice medicine by endorsement, six hundred fifty dollars.
5. For an application to reactivate an inactive status license requiring a second or third special purpose licensing examination, five hundred dollars.
6. For an application for a temporary license to practice medicine, two hundred dollars.
7. For issuance of a duplicate license, fifty dollars.
8. For renewal of an active license, seven hundred dollars.
9. For late renewal of an active license, an eight hundred dollar penalty.
10. For annual registration of an approved internship, residency, clinical fellowship program or short-term residency program, fifty dollars.
11. For an annual teaching license at an approved school of medicine or at an approved teaching hospital's accredited graduate medical education program, four hundred dollars.
12. For a five day educational teaching permit at an approved school of medicine or at an approved teaching hospital's accredited graduate medical education program, one hundred dollars.
13. For locum tenens registration, five hundred dollars.
14. For the sale of those copies of the annual medical directory which are not distributed free of charge, thirty dollars.
15. For the sale of computerized tapes or diskettes not requiring programming, one hundred dollars.
16. For verification of a license, five dollars.
17. For a copy of the minutes to board meetings during the current calendar year, twenty-five dollars for each set of minutes.
18. For copying records, documents, letters, minutes, applications and files, twenty-five cents per page.
19. For initial and annual registration to dispense drugs and devices, two hundred dollars.
B. The board shall charge additional fees for services not required to be provided by this chapter but which the board deems necessary and appropriate to carry out its intent and purpose, except that such fees shall not exceed the actual cost of providing such service.
C. Notwithstanding subsection A of this section, the board may return the license renewal fee on special request.
D. The board shall provide computerized tapes or diskettes free to the management information systems office of the Arizona health care cost containment system.
E. The fee for minutes provided pursuant to this section includes postage. Annual subscription requests and fees for minutes shall be paid before February 1 of each year. Subscriptions for minutes of board meetings are not available for past years.
F. The fee for copying provided in this section includes postage. Copying
fees for subpoenaed records shall be as prescribed in section 12-351.
ARTICLE 3: REGULATION
A. The board on its own motion may investigate any evidence that appears to show that a doctor of medicine is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable safely to engage in the practice of medicine. On written request of a complainant the board shall review a complaint that has been administratively closed by the executive director and take any action it deems appropriate. Any person may, and a doctor of medicine, the Arizona medical association, a component county society of that association and any health care institution shall, report to the board any information that appears to show that a doctor of medicine is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable safely to engage in the practice of 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 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 chief executive officer, the medical director or the medical chief of staff of a health care institution shall inform the board if the privileges of a doctor to practice in that health care institution are denied, revoked, suspended, supervised or limited because of actions by the doctor that appear to show that the doctor is or may be medically incompetent, is or may be guilty of unprofessional conduct or is or may be mentally or physically unable to safely engage in the practice of medicine, along with a general statement of the reasons, including patient chart numbers, that led the health care institution to take the action. The chief executive officer, the medical director or the medical chief of staff of a health care institution shall inform the board if a doctor under investigation resigns or if a doctor resigns in lieu of disciplinary action by the health care institution. Notification shall include a general statement of the reasons for the resignation, including patient chart numbers. The board shall inform all appropriate health care institutions in this state as defined in section 36-401 and the Arizona health care cost containment system of a resignation, denial, revocation, suspension or limitation, and the general reason for that action, without divulging the name of the reporting health care institution.
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 subsection A of this section. These examinations may include biological fluid testing.
D. If the board finds, based on the information it receives under subsections A and 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 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 a hearing officer within sixty days.
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 or a board committee may take either of the following actions:
1. Dismiss if, in the opinion of the board, the information is without merit.
2. File an advisory letter. The licensee may file a written response with the board within thirty days after receiving the advisory letter.
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, protect the public and ensure the doctor's ability to safely engage in the practice of medicine.
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 shall issue a formal complaint and order that a hearing be held in compliance with this section. If after completing a formal interview the board finds that the protection of the public requires emergency action, it may order a summary suspension of the license pending formal revocation proceedings or other action authorized by this section. If after completing the formal interview the board finds the information provided under subsection A of 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 information is without merit.
2. File an advisory letter. The licensee may file a written response with the board within thirty days after the licensee receives the advisory letter.
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 suspension for not to exceed twelve months, restriction of the doctor's license to practice medicine, a requirement for restitution of fees to a patient, education or rehabilitation. 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 term 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 the doctor, protect the public and ensure the physician's ability to safely engage in the practice of medicine.
H. If the board finds that the information provided in subsection A or G of this section warrants suspension or revocation of a license issued under this chapter, it shall initiate formal proceedings pursuant to section 41-1061.
I. In a formal interview pursuant to subsection G of this section or in a hearing pursuant to subsection H of this section, the board in addition to any other action may impose a civil penalty in the amount of not less than three hundred dollars nor more than ten thousand dollars for each violation of this chapter or a rule adopted under this chapter.
J. A hearing officer may conduct a hearing as provided by this chapter and shall submit a record of findings of fact and conclusions of law to the board, along with any additional information the board requests, within thirty days after receipt of the transcript of the hearing. The board may affirm, reverse, adopt, modify, supplement, amend or reject the hearing officer's findings of fact and conclusions of law in whole or in part.
K. An advisory letter is a public document.
L. Any doctor of medicine who after a formal hearing as provided in this section is found by the board to be guilty of unprofessional conduct, to be mentally or physically unable safely to engage in the practice of medicine or to be medically incompetent is subject to censure, probation as provided in this section, suspension of license or revocation of license or any combination of these, including a stay of action, and for a period of time or permanently and under 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.
M. If the board acts to modify any doctor of medicine's prescription writing privileges the board shall immediately notify the state board of pharmacy of the modification.
N. If the board, during the course of any investigation, determines that a criminal violation may have occurred involving the delivery of health care, it shall make the evidence of violations available to the appropriate criminal justice agency for its consideration.
O. If the board's chairperson determines that a backlog of complaints exists the chairperson may divide the board into two six member review committees. Each of these committees shall select a chairperson. Four members constitute a quorum for each committee. The committees shall review complaints not dismissed by the executive director and may take the following actions:
1. Dismiss the complaint if a committee determines that it is without merit.
2. Issue an advisory letter. The licensee may file a written response with the board within thirty days after the licensee receives the advisory letter.
3. Issue a letter of reprimand.
4. Refer the matter for further review by the full board.
P. All monies collected from civil penalties paid pursuant to this chapter shall be deposited in the state general fund.
Q. Notice of a complaint and hearing is effective by a true copy of it being sent by certified mail to the doctor's last known address of record in the board's files. Notice of the complaint and hearing is complete on the date of its deposit in the mail. The board shall begin a formal hearing within one hundred twenty days of that date.
R. A physician who submits an independent medical examination pursuant
to an order by a court or the industrial commission is not subject to
a complaint for unprofessional conduct unless a complaint is made or referred
by a court or the industrial commission to the board. For purposes
of this subsection, “independent medical examination” means a professional
analysis of medical status based on a person’s past and present physical
and psychiatric history conducted by a licensee or group of licensees
on a contract basis for a court or for the industrial commission.
32-1451.01. Right to examine and copy evidence; summoning witnesses and documents; taking testimony; right to counsel; court aid; process
A. In connection with the investigation by the board on its own motion, or as the result of information received pursuant to section 32-1451, subsection A, 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 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 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 medical competence, unprofessional conduct, or the mental or physical ability of a doctor of medicine safely to practice medicine.
B. For the purpose of all investigations and proceedings conducted by the board:
1. The board on its own initiative, or upon 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 medical competence, unprofessional conduct, or the mental or physical ability of a doctor of medicine safely to practice medicine. Within five days after the service of a subpoena on any person requiring the production of any evidence in his possession or under his control, such person may petition the board to revoke, limit or modify the subpoena. The board shall revoke, limit or modify such 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 is the subject matter of the hearing or investigation, or does not describe with sufficient particularity the physical evidence whose production is required. Any member of the board or any agent designated by the board may administer oaths or affirmations, examine witnesses and receive such evidence.
2. Any person appearing before the board shall have the right to be represented by counsel.
3. The superior court, upon application by the board or by the person subpoenaed, shall have jurisdiction to issue an order either:
(a) Requiring such person to appear before the board or the duly authorized agent to produce evidence relating to the matter under investigation.
(b) Revoking, limiting or modifying the subpoena if in the court's opinion the evidence demanded does not relate to unlawful practices covered by this chapter, is not relevant to the charge which 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 order of the court may be punished by such court as contempt.
C. Patient records, including clinical records, medical reports, laboratory statements and reports, any file, film, other report or oral statement relating to diagnostic findings or treatment of patients, any information from which a patient or his family might be identified or information received and records or reports kept by the board as a result of the investigation procedure outlined in this chapter shall not be available to the public.
D. Nothing in this section or any other provision of law making communications between a physician and his patient a privileged communication shall 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.
E. Hospital records, medical staff records, medical staff review committee
records, and testimony concerning such records and proceedings related
to the creation of such records shall not be available to the public,
shall be kept confidential by the board and shall be subject to the same
provisions concerning discovery and use in legal actions as are the original
records in the possession and control of hospitals, their medical staffs,
and their medical staff review committees. The board shall use such records
and testimony during the course of investigations and proceedings pursuant
to this chapter.
32-1452. Substance abuse treatment and rehabilitation program; private contract; funding
A. The board may establish a confidential program for the treatment and rehabilitation of doctors of medicine and physician assistants who are impaired by alcohol or drug abuse. This program shall include education, intervention, therapeutic treatment and posttreatment monitoring and support.
B. The board may contract with other organizations to operate the program established pursuant to subsection A of this section. A contract with a private organization shall include the following requirements:
1. Periodic reports to the board regarding treatment program activity.
2. Release to the board on demand of all treatment records.
3. Quarterly reports to the board regarding each doctor's diagnosis and prognosis and the recommendations for continuing care, treatment and supervision.
4. Immediate reporting to the board of the name of an impaired doctor who the treating organization believes to be misusing chemical substances.
5. Reports to the board, as soon as possible, of the name of a doctor who refuses to submit to treatment or whose impairment is not substantially alleviated through treatment.
C. The board may allocate an amount of not to exceed forty dollars from each fee it collects from the biennial renewal of active licenses pursuant to section 32-1436 for the operation of the program established by this section.
D. A doctor of medicine who is impaired by alcohol or drug abuse shall agree to enter into a stipulation order with the board or the doctor shall be placed on probation or shall be subject to other action as provided by law.
E. In order to determine that a doctor of medicine who has been placed on probationary order or who has entered into a stipulation order pursuant to this section is not impaired by drugs or alcohol after that order is no longer in effect, the board or its designee may require the doctor of medicine to submit to body fluid examinations at any time within five consecutive years following termination of the probationary or stipulated order.
F. A doctor of medicine who is impaired by alcohol or drug abuse and who was under a board stipulation or probationary order that is no longer in effect shall request the board to place the doctor’s license on inactive status with cause. If the doctor fails to do this the board shall summarily suspend the license pursuant to section 32-1451, subsection D. In order to reactivate the license the doctor shall successfully complete a long-term care residential or inpatient hospital treatment program, or both, and shall meet the applicable requirements of section 32-1431, subsection D. After the doctor completes treatment the board shall determine if it should refer the matter for a formal hearing for the purpose of suspending or revoking the license or to place the doctor on probation for a minimum of five years with restrictions necessary to assure the public's safety.
G. The board shall revoke the license of a doctor of medicine or accept
the cancellation of a license with cause if that doctor is impaired by
alcohol or drug abuse and was previously placed on probation pursuant
to subsection F of this section and the probation is no longer in effect.
32-1452.01. Reinstatement of revoked license
A. On written application the board may issue a new license to a physician whose license was previously revoked by the board if the applicant demonstrates to the board’s satisfaction that the applicant is completely rehabilitated with respect to the conduct that was the basis for the revocation. In making its decision the board shall determine:
1. That the applicant has not engaged in any conduct during the revocation period that would have constituted a basis for revocation pursuant to section 32-1451.
2. If a criminal conviction was a basis of the revocation, that the applicant’s civil rights have been fully restored pursuant to statute or any other applicable recognized judicial or gubernatorial order.
3. That the applicant has made restitution to any aggrieved person as ordered by a court of competent jurisdiction.
4. That the applicant demonstrates any other standard of rehabilitation the board determines is appropriate.
B. Except as provided in subsection C of this section, a person shall not submit an application for reinstatement less than five years after the date of revocation.
C. The board shall vacate its previous order to revoke a license if that revocation was based on a conviction of a felony or an offense involving moral turpitude and that conviction has been reversed on appeal. The physician may submit an application for reinstatement as soon as the court enters the reversal.
D. An applicant for reinstatement shall comply with all initial licensing
requirements prescribed by this chapter.
32-1453. Judicial review
An appeal to the superior court of Maricopa county may be taken from
decisions of the board pursuant to title 12, chapter 7, article 6.
A. An injunction shall issue forthwith to enjoin the practice of medicine by either of the following:
1. One not licensed to practice medicine or exempt from the requirement therefor pursuant to this chapter.
2. A doctor of medicine whose continued practice will or well might cause irreparable damage to the public health and safety prior to the time proceedings under section 32-1451 could be instituted and completed.
B. In a petition for injunction pursuant to the paragraph numbered 1 of subsection A of this section it shall be sufficient to charge that the respondent on a day certain in a named county engaged in the practice of medicine without a license and without being exempt from the requirements therefor pursuant to this chapter. No showing of damage or injury as the result thereof shall be required.
C. In a petition for injunction pursuant to the paragraph numbered 2 of subsection A of this section there shall be set forth with particularity the facts which make it appear that irreparable damage to the public health and safety will or well might occur prior to the time proceedings under section 32-1451 could be instituted and completed.
D. An injunction shall issue forthwith to enjoin any act specified in section 32-1455, subsection B.
E. Such petition shall be filed by the board in the superior court of Maricopa county or in the county where the defendant resides or is found.
F. Issuance of injunction shall not relieve the respondent from being subject to any other proceedings under law provided for in this chapter or otherwise, and violation of an injunction shall be punished as for contempt of court.
G. In all other respects injunction proceedings under this section shall
be governed as near as may be by the law otherwise applicable to injunctions.
32-1455. Violation; classification
A. The following acts are class 5 felonies:
1. The practice of medicine by a person not licensed or exempt from licensure pursuant to this chapter.
2. Securing a license to practice medicine pursuant to this chapter by fraud or deceit.
3. Impersonating a member of the board in issuing a license to practice medicine to another.
B. The following acts if committed by a person not licensed under this chapter or exempt from licensure pursuant to section 32-1421 are class 2 misdemeanors:
1. The use of the designation "M.D." in a way that would lead the public to believe that a person was licensed to practice medicine in this state.
2. The use of the designation "doctor of medicine", "physician", "surgeon", "physician and surgeon" or any combination thereof unless such designation additionally contains the description of another branch of the healing arts.
3. The use of the designation "doctor" by a member of another branch of healing arts unless there is set forth with each such designation the other branch of the healing arts concerned.
4. The use of any other words, initials, symbols or combination thereof
which would lead the public to believe such person is licensed to practice
medicine in this state.
32-3203. Malpractice claim investigation
On receipt of a malpractice report and a copy of
a malpractice complaint as provided in §12-570, the health profession
regulatory board shall initiate an investigation into the matter to determine
if the licensee is in violation of the statutes or rules governing licensure.
32-1456. Medical assistants; use of title; violation; classification
A. A medical assistant may perform the following medical procedures under the direct supervision of a doctor of medicine, physician assistant or nurse practitioner:
1. Take body fluid specimens.
2. Administer injections.
B. The board by rule may prescribe other medical procedures which a medical assistant may perform under the direct supervision of a doctor of medicine, physician assistant or nurse practitioner on a determination by the board that the procedures may be competently performed by a medical assistant.
C. Without the direct supervision of a doctor of medicine, physician assistant, or nurse practitioner, a medical assistant may perform the following tasks:
1. Billing and coding.
2. Verifying insurance.
3. Making patient appointments.
5. Recording a doctor's findings in patient charts and transcribing materials in patient charts and records.
6. Performing visual acuity screening as part of a routine physical.
7. Taking and recording patient vital signs and medical history on medical records.
D. The board by rule shall prescribe medical assistant training requirements.
E. A person who uses the title "medical assistant" or a related abbreviation
is guilty of a class 3 misdemeanor unless that person is working as a
medical assistant under the direct supervision of a doctor of medicine,
physician assistant or nurse practitioner.
32-1457. Acquired immune deficiency syndrome; disclosure of patient information; immunity; definition
A. Notwithstanding section 32-1401, it is not an act of unprofessional conduct for a doctor of medicine to report to the department of health services the name of a patient's spouse or sex partner or a person with whom the patient has shared hypodermic needles or syringes if the doctor of medicine knows that the patient has contracted or tests positive for the human immunodeficiency virus and that the patient has not or will not notify these people and refer them to testing. Before making the report to the department of health services, the doctor of medicine shall first consult with the patient and ask the patient to release this information voluntarily.
B. It is not an act of unprofessional conduct for a doctor of medicine who knows or has reason to believe that a significant exposure has occurred between a patient who has contracted or tests positive for the human immunodeficiency virus and a health care or public safety employee to inform the employee of the exposure. Before informing the employee, the doctor of medicine shall consult with the patient and ask the patient to release this information voluntarily. If the patient does not release this information the doctor of medicine may do so in a manner that does not identify the patient.
C. This section does not impose a duty to disclose information. A doctor of medicine is not civilly or criminally liable for either disclosing or not disclosing information.
D. If a doctor of medicine decides to make a disclosure pursuant to this section, he may request that the department of health services make the disclosure on his behalf.
E. For the purposes of this section, "significant exposure" means contact
of a person's ruptured or broken skin or mucous membranes with another
person's blood or body fluids, other than tears, saliva or perspiration,
of a magnitude that the centers for disease control of the United States
public health service have epidemiologically demonstrated can result in
transmission of the human immunodeficiency virus.
ARTICLE 4: EMERGENCY AID
Any health care provider licensed or certified to practice as such in
this state or elsewhere, or a licensed ambulance attendant, driver or
pilot as defined in section 41-1831, or any other person who renders emergency
care at a public gathering or at the scene of an emergency occurrence
gratuitously and in good faith shall not be liable for any civil or other
damages as the result of any act or omission by such person rendering
the emergency care, or as the result of any act or failure to act to provide
or arrange for further medical treatment or care for the injured persons,
unless such person, while rendering such emergency care, is guilty of
32-1472. Limited liability for emergency health care at amateur athletic events
A health care provider licensed or certified pursuant to title 32 who
agrees with any person or school to voluntarily attend an amateur athletic
practice, contest or other event to be available to render emergency health
care within the provider's authorized scope of practice and without compensation
to an athlete injured during such event is not liable for any civil or
other damages as the result of any act or omission by the provider rendering
the emergency care, or as the result of any act or failure to act to provide
or arrange for further medical treatment or care for the injured athlete,
if the provider acts in good faith without gross negligence.
32-1473. Limited liability for treatment related to delivery of infants; physicians; hospitals; exception; definition
A. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence, a physician licensed to practice pursuant to this chapter or chapter 17 of this title is not liable to the pregnant female patient, the child or children delivered, or their families for medical malpractice related to labor or delivery rendered on an emergency basis if the patient was not previously treated for the pregnancy by the physician, by a physician in a group practice with the physician or by a physician, physician assistant or nurse midwife with whom the physician has an agreement to attend the labor and delivery of the patient.
B. Unless the elements of proof contained in section 12-563 are established regarding the acts or omissions of a licensed health care facility or its employees in cases covered by the provisions of subsection A of this section by clear and convincing evidence, the health care facility is not liable to the female patient, the child or children delivered or their families for medical malpractice related to labor or delivery.
C. This section does not apply to treatment rendered in connection with labor and delivery if the patient has been seen regularly by or under the direction of a licensed health care provider or a licensed physician from whom the patient's medical information is reasonably available to the physicians attending the patient during labor and delivery.
D. For the purpose of this section, "emergency" means when labor has
begun or a condition exists requiring the delivery of the child or children.
ARTICLE 5: TRANSFUSIONS
32-1481. Limitation of liability
A. No physician, surgeon, hospital or person who assists a physician, surgeon or hospital in obtaining, preparing, injecting or transfusing blood or its components from one or more human beings to another human being shall be liable on the basis of implied warranty or strict tort liability for any such activity but such person or entity shall be liable for his or its negligent or wilful misconduct.
B. No nonprofit blood bank, tissue bank, donor or entity who donates,
obtains, processes or preserves blood or its components from one or more
human beings for the purpose of transfusing or transferring blood or its
components to another human being shall be liable on the basis of implied
warranty or strict tort liability for any such activity but such person
or entity shall be liable for his or its negligent or wilful misconduct.
32-1482. Reporting of hepatitis cases
The director of the department of health services for the purposes of
reducing the transmission of hepatitis by injection or transfusion of
blood and its components shall adopt rules and regulations for reporting
of cases of hepatitis and provide for the dissemination of information
about such hepatitis cases to all federally licensed blood banks in the
state and health care institutions which request such information.
32-1483. Notification to donors
Pursuant to rules promulgated by the director of the department of health
services, all federally registered blood banks, blood centers and plasma
centers in this state shall notify blood donors of any test results with
significant evidence suggestive of syphilis, HIV or hepatitis B.
ARTICLE 6: DISPENSING OF DRUGS AND DEVICES
A. A doctor of medicine may dispense drugs and devices kept by the doctor if:
1. All drugs are dispensed in packages labeled with the following information:
(a) The dispensing doctor's name, address and telephone number.
(b) The date the drug is dispensed.
(c) The patient's name.
(d) The name and strength of the drug, directions for its use and any cautionary statements.
2. The dispensing doctor enters into the patient's medical record the name and strength of the drug dispensed, the date the drug is dispensed and the therapeutic reason.
3. The dispensing doctor keeps all drugs in a locked cabinet or room, controls access to the cabinet or room by a written procedure and maintains an ongoing inventory of its contents.
B. Except in an emergency situation, a doctor who dispenses drugs without being registered by the board to do so is subject to a civil penalty by the board of not less than three hundred dollars and not more than one thousand dollars for each transaction and is prohibited from further dispensing for a period of time as prescribed by the board.
C. Prior to dispensing a drug pursuant to this section the patient shall be given a written prescription on which appears the following statement in bold type:
"This prescription may be filled by the prescribing doctor or by a pharmacy of your choice."
D. A doctor shall dispense only to his own patient and only for conditions being treated by that doctor. The doctor shall provide direct supervision of a medical assistant, nurse or attendant involved in the dispensing process. In this subsection, "direct supervision" means that a doctor is present and makes the determination as to the legitimacy or the advisability of the drugs or devices to be dispensed.
E. This section shall be enforced by the board which shall establish rules regarding labeling, record keeping, storage and packaging of drugs that are consistent with the requirements of chapter 18 of this title. The board may conduct periodic inspections of dispensing practices to assure compliance with this section and applicable rules.
F. For the purposes of this section, "dispense" means the delivery by
a doctor of medicine of a prescription drug or device to a patient, except
for samples packaged for individual use by licensed manufacturers or repackagers
of drugs, and includes the prescribing, administering, packaging, labeling
and security necessary to prepare and safeguard the drug or device for
32-1921. Exempted acts; exemption from registration fees; definition
A. This chapter does not prevent:
1. The prescription and dispensing of drugs or prescription medications by a registered nurse practitioner pursuant to rules adopted by the board of nursing in consultation with the allopathic board of medical examiners, the board of osteopathic examiners in medicine and surgery and the board of pharmacy.
2. The sale of nonprescription drugs that are sold at retail in original packages by a person holding a permit under this chapter.
3. The sale of drugs at wholesale by a wholesaler or manufacturer that holds the required permit issued by the board to a person who holds the required permit issued under this chapter.
4. The following health professionals from dispensing or personally administering drugs or devices to a patient for a condition being treated by the health professional:
(a) A doctor of medicine licensed pursuant to chapter 13 of this title.
(b) An osteopathic physician licensed pursuant to chapter 17 of this title.
(c) A homeopathic physician licensed pursuant to chapter 29 of this title.
(d) A podiatrist licensed pursuant to chapter 7 of this title.
(e) A dentist licensed pursuant to chapter 11 of this title.
(f) A doctor of naturopathic medicine licensed pursuant to chapter 14 of this title for natural substances and devices.
(g) An optometrist who is licensed pursuant to chapter 16 of this title and who is certified for topical or oral pharmaceutical agents.
5. A veterinarian licensed pursuant to chapter 21 of this title from dispensing or administering drugs to an animal or from dispensing or administering devices to an animal being treated by the veterinarian.
6. The use of any pesticide chemical, soil or plant nutrient or other agricultural chemical which is a color additive solely because of its effect in aiding, retarding or otherwise affecting directly or indirectly the growth or other natural physiological process of produce of the soil and thereby affecting its color whether before or after harvest.
7. A licensed practical or registered nurse employed by a person licensed pursuant to chapter 7, 11, 13, 14, 17 or 29 of this title from assisting in the delivery of drugs and devices to patients, in accordance with the provisions of chapter 7, 11, 13, 14, 17 or 29 of this title.
B. A person who is licensed pursuant to chapter 7, 11, 13, 14, 17 or 29 of this title and who employs a licensed practical or registered nurse who in the course of employment assists in the delivery of drugs and devices is responsible for the dispensing process.
C. A physical therapist licensed pursuant to chapter 19 of this title may, under a prescription order of a physician for patients, procure, store and administer nonscheduled legend and topical anti-inflammatories and topical anesthetics for use in phonophoresis and iontophoresis procedures and within the scope of practice of physical therapy.
D. A public health facility operated by this state or a county and a qualifying community health center may dispense medication or devices to its patients at no cost without providing a written prescription if the public health facility or the qualifying community health center meets all storage, labeling, safety and record keeping rules adopted by the state board of pharmacy.
E. A person who is licensed pursuant to chapter 7, 11, 13, 14, 17 or 29 of this title, who is practicing at a public health facility or a qualifying community health center and who is involved in the dispensing of medication or devices only at a facility or center, whether for a charge or at no cost, shall register to dispense with the appropriate licensing board but is exempt from paying registration fees.
F. For the purposes of this section, "qualifying community health center" means a primary care clinic that is recognized as nonprofit under section 501(c)(3) of the United States internal revenue code and whose board of directors includes patients of the center and residents of the center's service area.