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Will lawmakers hide health board actions from public?

Posted at 6:31 PM, Feb 14, 2024
and last updated 2024-02-15 20:36:39-05

PHOENIX — Arizona regulatory boards would be required to hide hundreds of actions against health professions each year if lawmakers pass a new bill.

House Bill 2686, sponsored by Rep. Selina Bliss, is scheduled for its first hearing on Thursday.

The bill would change current state law and make non-disciplinary actions confidential.

While a classification of “non-discipline” sounds innocuous, a past ABC15 investigation found the actions document everything from simple paperwork issues to arrests and even serious patient care issues.

Bliss, who’s a Republican from Prescott, did not respond to requests for comment. But if her bill passes as written, it appears headed for a veto by Governor Katie Hobbs.

“Governor Hobbs believes we need more transparency, not less,” according to an emailed statement from a Governor’s Office spokesperson. “She will continue to fight to deliver that transparency to keep Arizonans safe and hold bad actors accountable.”

Non-disciplinary actions have long been considered to be public records.

But for many years, they were largely hidden from the public because they were not posted on the websites of Arizona’s health boards.

Patients would have to call and inquire if there were additional actions not shown on a health professional’s public profile.

That changed in 2017 after a series of ABC15 investigations.

The state passed a law requiring health boards to post non-disciplinary actions on their websites.

In contrast to HB2686, Rep. Patti Contreras introduced a bill that would require health boards to keep all actions up on their public websites for 25 years.

“(It’s about) transparency, consumer protection,” Contreras said. “We want to make sure we’re all going to be safe when we go see any kind of medical professional.”

Since Contreras is a Democrat, her bill, HB2312, stands little chance of advancing in the Republican-led House of Representatives.

While HB2686’s reduction in transparency is a concern, multiple sources within Arizona’s regulatory boards told ABC15 that HB2686 would harm the public in other ways.

One example: It would significantly reduce their ability to investigate complaints.

As written, HB2686 would require board investigators to only focus on issues raised in an initial complaint and not consider other problems discovered during an investigation.

Contact ABC15 Chief Investigator Dave Biscobing at Dave@ABC15.com.