Bill Amendment: AZ SB1345 | 2014 | Fifty-first Legislature 2nd Regular
Bill Title: Board of physician assistants
Status: 2014-04-22 - Chapter 123 [SB1345 Detail]
Download: Arizona-2014-SB1345-SENATE_ADOPTED_AMENDMENT_Barto_flr_amend_ref_Bill_sub_HHS_adopted.html
Bill
Number: S.B. 1345
Barto Floor Amendment
Reference to: printed bill
Amendment drafted by: Legislative Council – Michele Hanigsberg
FLOOR AMENDMENT EXPLANATION
· Stipulates the Joint Executive Committee (Committee) is responsible only for the appointment of the Executive Director of the Medical Board and the Board of Physician Assistants (PA Board). The Executive Director serves at the pleasure of the Committee.
· Allows the Committee’s vice-chair to call meetings that are necessary if the chair is not available.
· Requires the Committee to adhere to open meeting laws, except that the two PA members may discuss confidential matters with the PA Board. This disclosure does not constitute a waiver of confidentiality or any privilege.
· Exempts the PA Board from rulemaking requirements for one year to implement this act and adjust renewal timeframes, except there must be opportunity for public comment before the rules are adopted.
Fifty-first Legislature Barto
Second Regular Session S.B. 1345
BARTO FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1345
(Reference to printed bill)
Page 1, line 4, after "immunity" insert "; joint executive committee"
Page 2, line 10, after the first "the" insert "joint executive committee is established consisting of the"; strike "shall include" insert "and"
Line 11, strike "in"
Strike lines 12 through 15
Line 16, strike "board"; after the period insert "The joint executive committee is a public body and is subject to the requirements of title 38, chapter 3, article 3.1. The joint executive committee is responsible for the appointment of the executive director pursuant to section 32-1405. All members of the joint executive committee are voting members of the committee. The committee shall annually elect a chairperson and a vice‑chairperson. The chairperson shall call meetings of the joint executive committee as necessary, and the vice‑chairperson may call meetings of the committee that are necessary if the chairperson is not available. The presence of eight members of the committee at a meeting constitutes a quorum. The joint executive committee meetings may be held using communication equipment that allows all members that are participating in the meeting to hear each other."; strike "or decision‑making occurs" insert "occur"
Line 17, strike "Arizona medical board" insert "joint executive committee"; after the comma insert "notwithstanding the requirement that discussions made at an executive session be kept confidential as specified in section 38‑431.03,"
Line 20, after the period insert "This disclosure of executive session information to the Arizona regulatory board of physician assistants does not constitute a waiver of confidentiality or any privilege, including the attorney‑client privilege."
Page 2, between lines 20 and 21, insert:
"Sec. 2. Section 32-1405, Arizona Revised Statutes, is amended to read:
32-1405. Executive director; compensation; duties; appeal to the board
A. Subject to title 41, chapter 4, article 4, the board joint executive committee established by section 32‑1403 shall appoint an executive director of the board who shall serve at the pleasure of the board joint executive committee. 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. Subject to title 41, chapter 4, article 4 and, as applicable, articles 5 and 6, employ, evaluate, dismiss, discipline and direct professional, clerical, technical, investigative and administrative personnel necessary to carry on the work of the board. Investigative personnel an investigator shall complete a nationally recognized investigator training program within one year of date of hire. Until investigative personnel an investigator completes a training program, the investigative personnel investigator shall work under the supervision of an investigator who has completed a training program.
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. Subject to title 41, chapter 4, article 4, 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 Arizona regulatory board of physician assistants.
18. Issue licenses 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 Arizona medical board, enter into stipulated agreements with persons under the jurisdiction of either the Arizona medical board or the Arizona regulatory board 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 a complaint if the complaint is without merit. The executive director shall not dismiss a complaint if a court has entered a medical malpractice judgment against a physician. The executive director shall submit a report of the cases dismissed with the complaint number, the name of the physician and the investigation timeline to the board for review at its regular board meetings.
22. If delegated by the board, directly refer cases to a formal hearing.
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 pursuant to subsection C, paragraphs 21 through 27 of this section or section 32‑1422, subsection E, 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, if the notification is mailed to that person's last known residence or place of business, within thirty‑five days after the date on the notification. 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. "
Renumber to conform
Page 4, line 36, strike "the Arizona medical board shall include"
Line 37, strike "in"
Strike lines 38, 39 and 40, insert "are members of the joint executive committee established by section 32‑1403, subsection G, which is responsible for the appointment of the executive director pursuant to section 32-1405."
Page 5, between lines 29 and 30, insert:
"8. Have submitted verification of all hospital affiliations and employment for the five years preceding application. Each hospital must verify the applicant's affiliation or employment on the hospital's official letterhead or the electronic equivalent."
Page 5, line 30, strike "submit" insert "have"; after "credentials" insert "submitted"
Page 6, line 23, after "board" insert ", to verify continuing medical education compliance,"; strike "to"
Strike line 24, insert "who do not hold a current national certification from a national certification organization for physician assistants that is approved by the board."
Page 8, after line 32, insert:
"Sec. 9. Rulemaking exemption; Arizona regulatory board of physician assistants
For the purposes of implementing this act and to adjust renewal time frames, the Arizona regulatory board of physician assistants is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act, except that the board shall provide public notice and an opportunity for public comment on proposed rules at least thirty days before a rule is adopted or amended."
Amend title to conform
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