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ARIZONA REVISED STATUTES
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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 with a text box.
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Title
32
Professions
and Occupations
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Chapter
13
Medicine
& Surgery
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ARTICLE 1
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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 THAT ON 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 THAT 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 THAT 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 ON demand the
means, method, procedure, modality of treatment or medicine used in the treatment
of a disease, injury, ailment or infirmity.
(o) Action THAT IS
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 THE DOCTOR’S medical
incompetence or for unprofessional conduct as defined by that jurisdiction
and which THAT
corresponds directly or indirectly to an act of unprofessional conduct prescribed
by this paragraph. The action taken may include refusing, denying, revoking
or suspending a license by that jurisdiction or a surrendering of a license
to 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
whichTHAT
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 THAT 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 BOARD
SHALL CONSIDER 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 THAT has been entered into prior to BEFORE 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.
(z) ENGAGING IN SEXUAL CONDUCT
WITH A CURRENT PATIENT OR WITH A FORMER PATIENT WITHIN SIX MONTHS AFTER THE
LAST MEDICAL CONSULTATION UNLESS THE PATIENT WAS THE LICENSEE’S SPOUSE
AT THE TIME OF THE CONTACT OR, IMMEDIATELY PRECEDING THE PHYSICIAN-PATIENT
RELATIONSHIP, WAS IN A DATING OR ENGAGEMENT RELATIONSHIP WITH THE LICENSEE.
FOR THE PURPOSES OF THIS SUBDIVISION, “SEXUAL CONDUCT” INCLUDES:
(i) ENGAGING IN OR SOLICITING
SEXUAL RELATIONSHIPS, WHETHER CONSENSUAL OR NONCONSENSUAL.
(ii) MAKING SEXUAL ADVANCES,
REQUESTING SEXUAL FAVORS OR ENGAGING IN ANY OTHER VERBAL CONDUCT OR PHYSICAL
CONTACT OF A SEXUAL NATURE WITH A PATIENT.
(iii) INTENTIONALLY VIEWING
A COMPLETELY OR PARTIALLY DISROBED PATIENT IN THE COURSE OF TREATMENT IF THE
VIEWING IS NOT RELATED TO PATIENT DIAGNOSIS OR TREATMENT UNDER CURRENT PRACTICE
STANDARDS.
(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 THAT 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 THE DOCTOR’S
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.
(ss) Prescribing, dispensing
or furnishing a prescription medication or a prescription-only device as defined
in section 32-1901 to a person unless the licensee first conducts a physical
examination of that person or has previously established a doctor-patient
relationship. This subdivision does
not apply to:
(i) A physician who provides
temporary patient supervision on behalf of the patient’s regular treating
physician. LICENSED
HEALTH CARE PROFESSIONAL.
(ii) Emergency medical situations
as defined in section 41-1831.
(iii) PRESCRIPTIONS WRITTEN
TO PREPARE A PATIENT FOR A MEDICAL EXAMINATION.
<SECHEAD></SECHEAD>A. The allopathic board of medical examiners
is established. The board consists of twelve members, four of whom shall represent
the public, and eight of whom shall be actively practicing medicine. One of
the four public members shall be a licensed practical nurse or a professional
nurse, as defined in chapter 15 of this title, with at least five years of
experience. The eight physicians must
be from at least three different counties of the state. Not more than five
of the board members may be from any one county. Members of the board are
appointed by the governor. 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
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 for at
least the five years prior to appointment.
C. The term of office of a
member of the board is 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 on 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 two 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.
A. The Allopathic
Board of Medical Examiners terminates on July 1, 2002.
B. Title 32, Chapter 13 is repealed on January 1, 2003.
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 required 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.
A.
Beginning
on January 1, 2001, 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 information:
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
OR SETTLEMENTS in which a payment was awarded IS MADE 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 date 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.
D.
It
is an act of unprofessional conduct for a licensee to provide erroneous information
required by PURSUANT TO this
section. In addition to other disciplinary
action, the board may impose a civil penalty of not more than one thousand
dollars for each erroneous statement.
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.
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. IF THE COMPLAINT IS WITHOUT
MERIT.
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 safety.
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 executive 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 residence 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.
A. A board of medical examiners'
fund is established. Pursuant to sections 35-146 and 32-147, the board shall
deposit ten per cent of all monies collected under the provisions of this
chapter in the state general fund and deposit the remaining ninety per cent
in the board of medical examiners' fund.
B. Monies deposited in the
board of medical examiners' fund are subject to section 35-143.01.
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.
LICENSING
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.
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. HAS NOT HAD A LICENSE TO
PRACTICE MEDICINE REVOKED BY A MEDICAL REGULATORY BOARD IN ANOTHER JURISDICTION
IN THE UNITED STATES FOR AN ACT THAT OCCURRED IN THAT JURISDICTION THAT CONSTITUTES
UNPROFESSIONAL CONDUCT
PURSUANT TO THIS CHAPTER.
6. IS NOT CURRENTLY UNDER
INVESTIGATION, SUSPENSION OR RESTRICTION BY A MEDICAL REGULATORY BOARD IN
ANOTHER JURISDICTION IN THE UNITED STATES FOR AN ACT THAT OCCURRED IN THAT
JURISDICTION THAT CONSTITUTES UNPROFESSIONAL CONDUCT PURSUANT TO THIS CHAPTER. IF THE APPLICANT IS UNDER INVESTIGATION BY
A MEDICAL REGULATORY BOARD IN ANOTHER
JURISDICTION, THE BOARD SHALL SUSPEND THE APPLICATION
PROCESS AND MAY NOT ISSUE OR DENY A LICENSE TO THE APPLICANT UNTIL THE INVESTIGATION IS RESOLVED.
7. HAS NOT SURRENDERED,
RELINQUISHED OR GIVEN UP A LICENSE TO PRACTICE MEDICINE IN LIEU OF DISCIPLINARY
ACTION BY A MEDICAL REGULATORY BOARD IN ANOTHER JURISDICTION IN THE UNITED
STATES FOR AN ACT THAT OCCURRED IN THAT JURISDICTION
THAT CONSTITUTES UNPROFESSIONAL CONDUCT PURSUANT TO THIS CHAPTER.
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 6,
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.
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.
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.
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.
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.
A. Each applicant for licensure
shall submit a notarized COMPLETED application
as prescribed by the board together with the fee prescribed in this article.
The application shall indicate whether the application is by written examination
or by endorsement. The board may require the submission of any evidence, credentials
and other proof necessary for it to VERIFY AND determine
if 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.
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, promptly and
in writing, shall inform an applicant of any deficiency in the application
that prevents the application from being processed.
E. On request the board shall
grant an applicant who disagrees with the statement of deficiency a hearing
before the board at its next regular meeting if there is time at that meeting
to hear the matter. The board shall not delay this hearing beyond one regularly
scheduled meeting. At any hearing granted pursuant to this subsection, the
burden of proof is on the applicant to demonstrate that the alleged deficiencies
do not exist.
F. Applications are considered
withdrawn:
1. On the applicant’s written
request.
2. Except for good cause shown,
if the applicant does not appear for an interview with the board.
3. If the applicant does not
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.
H. If an applicant does not
meet the requirements of section 32-1422, subsection A, paragraph 3 the board
may issue a license subject to any of the following probationary conditions:
1.
Require the licensee’s practice to be supervised
by another physician.
2.
Restrict the licensee’s practice.
3.
Require the licensee to continue medical or
psychiatric treatment.
4.
Require the licensee to participate in a specified
rehabilitation program.
5.
Require the licensee to abstain from alcohol
and other drugs.
I.
If
the Board offers a probationary license to an applicant pursuant to subsection
H of this
section, it shall notify the applicant in writing of the following:
1.
The applicant’s specific deficiencies.
2.
The probationary period.
3.
The applicant’s right to reject the terms of
probation.
4.
If the applicant rejects the terms of probation,
the applicant’s right to a hearing on the
board’s denial
of the application.
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.
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 or performs only initial or follow-up
examinations at no cost to the patient and the patient’s family through a
charitable organization..
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 and
pays the licensee fee.
B. 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 within 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.
C. 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.
D. A person whose license has
expired may reapply for a license to practice medicine as provided in this
chapter.
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.
A. A person holding a current
active license to practice medicine in this state may request an inactive
license from the board. IF BOTH OF THE FOLLOWING
ARE TRUE:
1. THE LICENSEE IS NOT PRESENTLY UNDER INVESTIGATION
BY THE BOARD.
2. THE BOARD HAS NOT COMMENCED
ANY DISCIPLINARY PROCEEDING AGAINST THE LICENSEE.
B. The board shall MAY grant an inactive license and waive the renewal
fees and requirements for continuing medical education specified by section
32-1434 if the licensee provides evidence to the board’s satisfaction that
the licensee has totally retired from the practice of medicine in this state
and any state, territory and district of the United States or any foreign
country and has paid all of the fees required by this chapter prior to
BEFORE
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 if the applicant pays the renewal fee
and presents evidence satisfactory to the board that the applicant 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 of medicine.
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 article.
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.
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.
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.
On request of an active licensee,
the board may cancel that person’s license if both of the following are true:
1.
The
licensee is not presently under investigation by the board.
2.
The
board has not commenced any disciplinary proceeding against the licensee.
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.
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 to biopsies.
A. The board shall annually
compile and publish a directory containing:
1. The names and addresses
of the officers and members of the board.
2. The names, addresses and
fields of practice of all licensees.
3. The current certified board
rules.
4. A copy of this chapter.
5. Additional information the
board deems of interest and importance to doctors of medicine.
B. Each active licensee shall
promptly and in writing inform the board of the licensee’s current residence
address, office address and telephone number and of each change in residence
address, 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.
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 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.
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.
A. The board shall by a formal
vote, at its annual fall meeting, establish nonrefundable fees and penalties
that do not exceed the following:
1. For processing an application
for an active license, seven hundred dollars.
2. For issuance of an active
license, seven hundred dollars.
3. For an application to reactivate
an inactive status license, five hundred dollars.
4. For an application for a
temporary license to practice medicine, two hundred dollars.
5. For issuance of a duplicate
license, fifty dollars.
6. For renewal of an active
license, seven hundred dollars.
7. For late renewal of an active
license, an eight hundred dollar penalty.
8. For annual registration
of an approved internship, residency, clinical fellowship program or short-term
residency program, fifty dollars.
9. 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.
10. 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.
11. For locum tenens registration,
five hundred dollars.
12. For the sale of those copies
of the annual medical directory which are not distributed free of charge,
thirty dollars.
13. For the sale of the annual
medical directory on CD-ROM, one hundred dollars.
14. For the sale of computerized
tapes or diskettes not requiring programming, one hundred dollars.
15. For verification of a license,
ten dollars.
16. For a copy of the minutes
to board meetings during the current calendar year, twenty-five dollars for
each set of minutes.
17. For copying records, documents,
letters, minutes, applications and files, one dollar for the first three pages
and twenty-five cents for each additional page.
18. For initial and annual
registration to dispense drugs and devices, two hundred dollars.
19. For renewal applications
that the board returns to the licensee for proper completion, a fee that does
not exceed the cost of processing the incomplete application.
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.
G. The board may collect from
the drawer of a dishonored check, draft order or note an amount allowed pursuant
to section 44-6852.
ARTICLE 3
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 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 ADMINISTRATION
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. A person who reports information in good
faith pursuant to this subsection is not subject to civil liability.
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. The board or, if delegated by the board,
the executive director may require the doctor, at the doctor’s expense, to
undergo assessment by a board approved rehabilitative, retraining or assessment
program.
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 RESTRICT,
LIMIT OR order a summary suspension of a license pending proceedings
for revocation or other action. If the board takes this
action PURSUANT TO THIS SUBSECTION it shall
also serve the licensee with a written notice that states the charges and
that the licensee is entitled to a formal hearing before the board or an administrative
law judge 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 COMPLAINT 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. The board may
also require the doctor to successfully complete a board approved rehabilitative,
retraining or assessment program.
G. IF REQUESTED, THE BOARD
SHALL NOT DISCLOSE THE NAME OF THE PERSON WHO PROVIDED INFORMATION REGARDING
A LICENSEE’S DRUG OR ALOCOHOL IMPAIRMENT OR THE NAME OF THE PERSON
WHO FILES A COMPLAINT IF THAT PERSON REQUESTS ANONYMITY.
H. AT LEAST TEN BUSINESS DAYS
BEFORE THE FORMAL INTERVIEW CONDUCTED PURSUANT TO THIS SECTION, THE BOARD
SHALL NOTIFY THE DOCTOR AND, AT THE DOCTOR’S REQUEST, THE BOARD
SHALL PROVIDE THE DOCTOR WITH THE INFORMATION LISTED IN THIS SUBSECTION.
THE DOCTOR AND THE DOCTOR’S ATTORNEY MAY NOT RELEASE ANY INFORMATION
OBTAINED UNDER THIS SECTION TO ANY OTHER PERSON.
THE BOARD SHALL PROVIDE THE FOLLOWING INFORMATION TO THE DOCTOR OR
THE DOCTOR’S ATTORNEY:
1. ANY REVIEW CONDUCTED BY
AN EXPERT OR CONSULTANT PROVIDING AN EVALUATION
OF OR OPINION ON THE ALLEGATIONS.
2. ANY RECORDS ON THE PATIENT
OBTAINED BY THE BOARD FROM OTHER HEALTH CARE PROVIDERS.
3. THE RESULTS OF ANY EVALUATIONS
OR TESTS OF THE DOCTOR CONDUCTED AT THE BOARD’S DIRECTION.
4. ANY OTHER FACTUAL INFORMATION
THAT THE BOARD WILL USE IN MAKING ITS DETERMINATION.
J. 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, or education
or rehabilitation at the licensee’s own expense. If a licensee fails to comply
with the terms of probation the board shall serve the licensee with a written
notice that states that the licensee is subject to a formal hearing based
on the information considered by the board at the formal interview and any
other acts or conduct alleged to be in violation of this chapter or rules
adopted by the board pursuant to this chapter including noncompliance with
the 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, retrain or assess the doctor, protect the public
and ensure the physician's ability to safely engage in the practice of medicine.
1. Dismiss the complaint if
a committee determines that it is without merit.THE COMPLAINT
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. CONDUCT A FORMAL INTERVIEW
PURSUANT TO SUBSECTION I OF THIS SECTION. THIS INCLUDES INITIATING FORMAL PROCEEDINGS PURSUANT TO SUBSECTION
K OF THIS SECTION AND IMPOSING CIVIL PENALTIES PURSUANT TO SUBSECTION L OF
THIS SECTION.
4. REFER THE MATTER FOR FURTHER
REVIEW BY THE FULL BOARD.
1.
Being
unable to safely engage in the practice of medicine.
2.
Having
committed an act of unprofessional conduct.
3.
Having
violated this chapter or a board rule.
V. IN DETERMINING THE APPROPRIATE
DISCIPLINARY ACTION UNDER THIS SECTION, THE BOARD SHALL CONSIDER ALL PREVIOUS
NONDISCIPLINARY AND DISCIPLINARY ACTIONS AGAINST A LICENSEE.
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 at all reasonable times may examine and copy any documents, reports,
records or other physical evidence of the person it is investigating or that
is in possession of any hospital, clinic, physician's office, laboratory,
pharmacy, public or private agency, health care institution as defined in
section 36-401 and health care provider and that relates to medical competence,
unprofessional conduct, or the mental or physical ability of a licensee to
safely practice medicine.
B. For the purpose of all investigations
and proceedings conducted by the board:
1. The board on its own initiative,
or on application of any person involved in the investigation, may issue subpoenas
to require the attendance and testimony of witnesses, or to demand the production
for examination or copying of documents or any other physical evidence that
relates to medical competence, unprofessional conduct, or the mental or physical
ability of a licensee to safely practice medicine. Within five days after
a person is served with a subpoena that person may petition the board to revoke,
limit or modify the subpoena. The board shall do so if in its opinion the
evidence required does not relate to unlawful practices covered by this chapter,
is not relevant to the charge that 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 evidence.
2. Any person appearing before
the board may be represented by counsel.
3. On application by the board
or by the person subpoenaed, the superior court may issue an order either:
(a) Require the subpoenaed
person to appear before the board or the duly authorized agent to produce
evidence relating to the matter under investigation.
(b) Revoke, limit or modify
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.
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 the patient’s
family might be identified or any information received and records or reports
kept by the board as a result of the investigation procedure outlined in this
chapter are not available to the public. AT THE DOCTOR’S REQUEST, THE BOARD SHALL PROVIDE TO THE DOCTOR AND
THE DOCTOR’S ATTORNEY THE INFORMATION LISTED IN SECTION 32-1451. A PERSON WHO OBTAINS INFORMATION FROM THE BOARD
PURSUANT TO THIS SUBSECTION SHALL NOT RELEASE IT TO ANY OTHER PERSON OR ENTITY
OR USE IT IN ANY PROCEEDING OR ACTION EXCEPT THE FORMAL INTERVIEW AND ANY
ADMINISTRATIVE PROCEEDINGS OR APPEALS RELATED TO THE FORMAL INTERVIEW. THE BOARD MAY CHARGE THE PHYSICIAN OR THE PHYSICIAN’S ATTORNEY FOR THE COST OF THE INFORMATION LISTED
IN SECTION 32-1451 UP TO THE FEE FOR MAKING A COPY OF EACH PAGE AS PRESCRIBED
BY SECTION 12-284, SUBSECTION A.
D. This section and any other
law making communications between a physician and a physician’s patient privileged
does not apply to investigations or proceedings conducted pursuant to this
chapter. The board and its employees, agents and representatives shall keep
in confidence the names of any patients whose records are reviewed during
the course of investigations and proceedings pursuant to this chapter.
E. Hospital records, medical
staff records, medical staff review committee records, and testimony concerning
these records and proceedings related to the creation of these records are
not available to the public, shall be kept confidential by the board and are
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.
F. The court may find a person who does not comply with a subpoena
issued pursuant to this
section in contempt of court.
A. THE BOARD SHALL INITIATE AN INVESTIGATION PURSUANT
TO SECTION 32-1451 IF A MEDICAL REGULATORY BOARD IN ANOTHER JURISDICTION IN
THE UNITED STATES HAS TAKEN DISCIPLINARY ACTION AGAINST A LICENSEE FOR AN
ACT THAT OCCURRED IN THAT JURISDICTION THAT CONSTITUTES UNPROFESSIONAL CONDUCT
PURSUANT TO THIS CHAPTER.
B. THE BOARD SHALL ORDER THE SUMMARY SUSPENSION OF A LICENSE PENDING PROCEEDINGS
FOR REVOCATION OR OTHER ACTION IF A MEDICAL REGULATORY BOARD IN ANOTHER JURISDICTION
IN THE UNITED STATES HAS TAKEN THE SAME ACTION BECAUSE OF ITS BELIEF THAT
THE PUBLIC HEALTH, SAFETY OR WELFARE IMPERATIVELY REQUIRED EMERGENCY ACTION.
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 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. The board may accept the
surrender of the license if the doctor admits in writing to being impaired
by alcohol or drug abuse.
H. An evaluator, teacher or
supervisor in a board approved rehabilitative, retraining or assessment program
who acts in good faith within the scope of that program or a volunteer who
assists in the board’s substance abuse treatment and rehabilitation program
is not subject to civil liability, including malpractice liability, for the
actions of a doctor who is attending either of these programs pursuant to
board action.
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.
Except as provided in section
41-1092.08, subsection H, an appeal to the superior court in Maricopa county
may be taken from final 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.
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.
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.
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.
4. Scheduling.
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.
A. On written application the board may issue a new license to
a physician whose license was previously revoked by the board or surrendered
by the applicant 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 or the surrender.
In making its decision the board shall determine:
1.
That the applicant has not engaged in any conduct
during the revocation or surrender
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 or surrender, 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 or surrender.
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.
ARTICLE 4
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 gross negligence.
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
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 willful 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 willful misconduct.
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.
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
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.
4. Registers with the board
to dispense drugs and devices and pays the registration fee prescribed by
section 32-1436.
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 reviews 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 delivery.
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.
8. The use of any mechanical
device or vending machine in connection with the sale of any nonprescription
drug, including proprietary and patent medicine. The board may adopt rules to prescribe conditions under which nonprescription
drugs may be dispensed pursuant to this paragraph. For the purposes of this paragraph, “nonprescription
drug” has the same meaning prescribed in section 32-1901.
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. Pursuant to a prescription
order written by a physician for the physician’s patients and dispensed
by a licensed pharmacist, a physical therapist licensed pursuant to chapter
19 of this title may 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 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.