Bill Text: AZ SB1447 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced
Bill Title: Health boards; complaints; timelines
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2025-02-05 - Senate read second time [SB1447 Detail]
Download: Arizona-2025-SB1447-Introduced.html
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REFERENCE TITLE: health boards; complaints; timelines |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SB 1447 |
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Introduced by Senators Shamp: Gowan
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An Act
amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding sections 32-3224.01, 32-3224.02 and 32-3224.03; amending title 41, chapter 1, article 5, Arizona Revised Statutes, by adding section 41-194.02; relating to health professionals.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding sections 32-3224.01, 32-3224.02 and 32-3224.03, to read:
32-3224.01. Criminal complaints; referrals; time frame
A. If a health profession regulatory board receives a complaint or information indicating that a health professional may have committed a misdemeanor or felony offense, the health profession regulatory board shall refer the matter to the appropriate law enforcement agency within two business days after receiving the complaint or information. If the board finds, based on the complaint or information that the board refers to a law enforcement agency, that the public health, safety or welfare requires emergency action, the board may restrict, limit or order a summary suspension of the health professional's license pending action by the law enforcement agency.
B. The law enforcement agency that receives the complaint or information pursuant to subsection A of this section shall inform the health profession regulatory board of the outcome of the law enforcement agency's investigation and whether charges are filed against the health professional who is the subject of the complaint. If the case is not referred for prosecution or charges are not filed, the health profession regulatory board may investigate whether the complaint or information constitutes a violation of unprofessional conduct against the health professional who is the subject of the complaint.
32-3224.02. Anonymous complaints; prohibition
Notwithstanding any other anonymous complaint provision in this title, a health professional may not file an anonymous complaint with a health profession regulatory board unless the health professional witnessed the licensee or certificate holder who is the subject of the complaint committing the misdemeanor or felony offense or the act of unprofessional conduct.
32-3224.03. Complaints; time limit
Unless a health profession regulatory board's statutes are more restrictive, a health profession regulatory board or, if delegated by the board, the executive director shall take final action on a complaint that is unrelated to protecting the public health and safety within one year after receiving the complaint. Unless a health profession regulatory board's statutes are more restrictive, the complaint is deemed administratively closed after one year if the board or, if delegated by the board, the executive director has not taken final action on the complaint.
Sec. 2. Title 41, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 41-194.02, to read:
41-194.02. Violations of state law or rule by a health profession regulatory board; attorney general investigation; referral; report; definition
A. At the request of one or more members of the legislature, the attorney general shall investigate any action taken by a health profession regulatory board that the member or members allege violates state law, rules or the Constitution of Arizona. If the attorney general determines that a conflict of interest exists that prohibits the attorney general from investigating a complaint or action taken by a health profession regulatory board, the attorney general shall refer the complaint to a county attorney for investigation. The referral shall be made on a random basis using a method that ensures impartiality and prevents the attorney general from selecting a specific county attorney. The attorney general shall maintain a record of all referrals made pursuant to this section, including the method of randomization used, to ensure compliance with this requirement.
B. The attorney general or, if applicable, the county attorney who received the referral pursuant to subsection A of this section shall make a written report of findings and conclusions as a result of the investigation within thirty days after receipt of the request and shall provide a copy of the report to the governor, the president of the senate, the speaker of the house of representatives, the member or members of the legislature making the original request and the secretary of state.
C. For the purposes of this section, "health profession regulatory board" has the same meaning prescribed in section 32-3201.
