A. Any statewide association that is exempt from taxation under 26 United States Code § 501(c)(3) or 501(c)(6) and that primarily represents health professionals who are licensed to practice pursuant to chapter 13, 15 or 17 of this title may establish a health professional wellness program.

Terms Used In Arizona Laws 32-3229.01

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Health profession regulatory board: means any board that regulates one or more health professionals in this state. See Arizona Laws 32-3201
  • Health professional: means a person who is certified or licensed pursuant to chapter 7, 8, 11, 13, 14, 15, 15. See Arizona Laws 32-3201
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Subpoena: A command to a witness to appear and give testimony.
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215

B. A record of a health professional’s participation in a health professional wellness program is confidential and not subject to discovery, subpoena or a reporting requirement to the applicable health profession regulatory board, unless either:

1. The health professional voluntarily provides for written release of the information.

2. The disclosure is required to meet a person‘s obligation:

(a) To report criminal conduct.

(b) To report an act of unprofessional conduct.

(c) To report that the health professional is not able to safely practice.

(d) To warn an individual of an imminent threat of harm.

C. For the purposes of this section, "health professional wellness program":

1. Means a program of evaluation, counseling, including substance abuse counseling, or another modality to address an issue related to career fatigue or wellness in a health professional who is licensed pursuant to chapter 13, 15 or 17 of this title.

2. Does not include providing services that are intended to monitor for impairment.