NOTICE OF AGENCY
SUBSTANTIVE POLICY STATEMENT #11

The Arizona Board of Medical Examiners
9545 East Doubletree Ranch Road, Scottsdale, Arizona 85258

1. Title of the guidance document or subject of the substantive policy statement and the guidance document number or substantive policy statement number by which the document or policy statement is referenced:

Guidelines For Delegating Authority To The Executive Director To Enter Into A Consent Agreement. (SPS #11)

2. Date of the application of the guidance documents or the date the substantive policy statement was issued and the effective date of the document or policy statement if different from the publication or issuance date:

Adopted by the Board July 28, 1999, Originally Published August 27, 1999, Revised June 2000.

3. Summary of the contents of the guidance document or the substantive policy statement:

Guidelines describing the circumstances of use for the Executive Director to enter into a consent agreement if there is evidence of danger to the public health and safety.

4. A statement as to whether the guidance document or substantive policy statement is a new document or statement or a revision.

New Statement

5. The name, address and telephone number of the person to whom questions and comments about the guidance document or substantive policy statement may be directed:

Deputy Director, Arizona Board of Medical Examiners
9545 East Doubletree Ranch Road Scottsdale, Arizona 85258
(480) 551-2700

6. Information about where a person may obtain a copy of the guidance document or the substantive policy statement and the costs for obtaining the document or policy statement:

Available from the Board of Medical Examiners
Licensing Department.
Twenty-five cents per page copying cost.

Limited Consent Agreements

STATUTUORY REFERENCE:

1405 (C) 25 … enter into a consent agreement if there is evidence of danger to the public health and safety.

CIRCUMSTANCES OF USE:

The use of the term consent agreement here means interim consent agreement only, except when considering physicians with medical conditions.

For the E.D. to enter consent agreements when the public health is jeopardized,

— the Investigative Staff (including the Medical Consultants on cases involving quality of care) concur after review of the case that a consent agreement be offered to the licensee. If a case is sent to a Lead Board Member the Lead Board Member must also concur.

For the E.D. to enter into a consent agreement to limit a physician's practice due to a medical condition,

— the Investigative Staff (including the Chief Medical Consultant or designee) must concur after review of the case that a consent agreement be offered to the licensee. If a case is sent to a Lead Board Member the Lead Board Member must also concur.

Subsequent to entering into consent agreements,

— the E.D. shall report to the Board at each bimonthly Board meeting a list of the individuals who entered into a consent agreement and a copy of each agreement made with the E.D. during the prior period. This information will appear in the Executive Director's report.