Bill Text: AZ HB2076 | 2017 | Fifty-third Legislature 1st Regular | Chaptered
Bill Title: Advanced directives registry; provider access
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-04-17 - Chapter 154 [HB2076 Detail]
Download: Arizona-2017-HB2076-Chaptered.html
|
House Engrossed |
|
State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
|
|
CHAPTER 154
|
|
HOUSE BILL 2076 |
|
|
AN ACT
Amending sections 36‑3295 and 36-3296, Arizona Revised Statutes; relating to the health care directives registry.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-3295, Arizona Revised Statutes, is amended to read:
36-3295. Registry information; confidentiality; health care provider access; use and transfer of information; definition
A. The registry established pursuant to this article is accessible only by entering the file number and password on the internet web site website.
B. Registrations, file numbers, passwords and any other information maintained by the secretary of state pursuant to this article are confidential and shall not be disclosed to any person other than the person who submitted the document or the person's personal representative.
C. Notwithstanding subsection subsections A and B of this section, a health care provider may access the registry and receive a patient's health care directive documents for the provision of health care services by submitting the patient's file number and password. On or before December 31, 2018, the secretary of state shall establish in rule a process for health care providers to access the registry.
D. The secretary of state shall use information contained in the registry only for purposes prescribed in this article.
E. At the request of a the person who submitted the document, the secretary of state may transmit the information received regarding the health care directive to the registry system of another jurisdiction as identified by the person.
F. For the purposes of this section, "health care providers" includes emergency medical service providers and emergency service technicians providing emergency medical services as defined in section 36‑2201.
Sec. 2. Section 36-3296, Arizona Revised Statutes, is amended to read:
36-3296. Liability; limitation
A. Except for acts of gross negligence, wilful misconduct or intentional wrongdoing, this state is and its contractors are not subject to civil liability for any claims or demands arising out of the administration or operation of, or the provision of access to information stored in, the registry established pursuant to this article.
B. This article does not require a health care provider to request from the registry information about whether a patient has executed a health care directive. A health care provider who makes good faith health care decisions in reliance on the provisions of an apparently genuine health care directive received from the registry is immune from criminal and civil liability to the same extent and under the same conditions as prescribed in section 36‑3205.
C. This article does not affect the duty of a health care provider to provide information to a patient regarding health care directives pursuant to federal law.
APPROVED BY THE GOVERNOR APRIL 17, 2017.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 17, 2017.
