Arizona Laws 32-1940. Investigations; hearings; conferences; records; confidentiality
A. Information received and records kept by the board in connection with investigations conducted pursuant to this chapter are confidential and are not open to the public or subject to civil discovery.
Terms Used In Arizona Laws 32-1940
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Medical practitioner: means any medical doctor, doctor of osteopathic medicine, dentist, podiatrist, veterinarian or other person who is licensed and authorized by law to use and prescribe drugs and devices to treat sick and injured human beings or animals or to diagnose or prevent sickness in human beings or animals in this state or any state, territory or district of the United States. See Arizona Laws 32-1901
- Person: means an individual, partnership, corporation and association, and their duly authorized agents. See Arizona Laws 32-1901
- Practitioner: means any physician, dentist, veterinarian, scientific investigator or other person who is licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state, or any pharmacy, hospital or other institution that is licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this state. See Arizona Laws 32-1901
B. Notwithstanding any other law or code of ethics regarding practitioner confidences, the physician-patient privilege between a medical practitioner and a patient, both as it relates to the competency of the witness and to the exclusion of confidential communications, does not pertain to any board investigations or other proceedings conducted pursuant to this chapter to the extent necessary to determine whether a violation of this chapter has occurred. Communications or records disclosed pursuant to this subsection are confidential and may be used only in a judicial or administrative proceeding or investigation resulting from a report, investigation or hearing required or authorized under this chapter.
C. The board, its employees and agents and any other person receiving this information shall keep the identity of the patient confidential at all times.
D. The board shall report evidence of a crime uncovered during an investigation to the appropriate criminal justice agency.
E. This section does not prevent the board from disclosing investigative materials concerning a licensee’s alleged violation of this chapter to the licensee, the licensee’s attorney, another state or federal regulatory agency or a law enforcement agency.