32-1405

32-1405. Executive director; compensation;
duties; appeal to the board

A. The board shall appoint an executive director who shall serve at the pleasure of
the board. The executive director shall not be a board member, except that the board may
authorize the executive director to represent the board and to vote on behalf of the
board at meetings of the federation of state medical boards of the United States.

B. The executive director is eligible to receive compensation set by the board
within the range determined under section 38-611.

C. The executive director or the executive director's designee shall:

1. Employ, evaluate, dismiss, discipline and direct professional, clerical,
technical, investigative and administrative personnel necessary to carry on the work of
the board.

2. Set compensation for board employees within the range determined under section
38-611.

3. As directed by the board, prepare and submit recommendations for amendments to
the medical practice act for consideration by the legislature.

4. Appoint and employ medical consultants and agents necessary to conduct
investigations, gather information and perform those duties the executive director
determines are necessary and appropriate to enforce this chapter.

5. Issue licenses, registrations and permits to applicants who meet the
requirements of this chapter.

6. Manage the board's offices.

7. Prepare minutes, records, reports, registries, directories, books and
newsletters and record all board transactions and orders.

8. Collect all monies due and payable to the board.

9. Pay all bills for authorized expenditures of the board and its staff.

10. Prepare an annual budget.

11. Submit a copy of the budget each year to the governor, the speaker of the house
of representatives and the president of the senate.

12. Initiate an investigation if evidence appears to demonstrate that a physician
may be engaged in unprofessional conduct or may be medically incompetent or mentally or
physically unable to safely practice medicine.

13. Issue subpoenas if necessary to compel the attendance and testimony of witnesses
and the production of books, records, documents and other evidence.

14. Provide assistance to the attorney general in preparing and sign and execute
disciplinary orders, rehabilitative orders and notices of hearings as directed by the
board.

15. Enter into contracts for goods and services pursuant to title 41, chapter 23
that are necessary to carry out board policies and directives.

16. Execute board directives.

17. Manage and supervise the operation of the Arizona regulatory board of physician
assistants.

18. Issue licenses to physician assistant applicants who meet the requirements of
chapter 25 of this title.

19. Represent the board with the federal government, other states or jurisdictions
of the United States, this state, political subdivisions of this state, the news media
and the public.

20. On behalf of the Arizona medical board, enter into stipulated agreements with
persons under the jurisdiction of either the Arizona medical board or the Arizona
regulatory board of physician assistants for the treatment, rehabilitation and monitoring
of chemical substance abuse or misuse.

21. Review all complaints filed pursuant to section 32-1451. If delegated by the
board, the executive director may also dismiss a complaint if the complaint is without
merit. The executive director shall not dismiss a complaint if a court has entered a
medical malpractice judgment against a physician. The executive director shall submit a
report of the cases dismissed with the complaint number, the name of the physician and
the investigation timeline to the board for review at its regular board meetings.

22. If delegated by the board, directly refer cases to a formal hearing.

23. If delegated by the board, close cases resolved through mediation.

24. If delegated by the board, issue advisory letters.

25. If delegated by the board, enter into a consent agreement if there is evidence
of danger to the public health and safety.

26. If delegated by the board, grant uncontested requests for inactive status and
cancellation of a license pursuant to sections 32-1431 and 32-1433.

27. If delegated by the board, refer cases to the board for a formal interview.

28. Perform all other administrative, licensing or regulatory duties required by the
board.

D. Medical consultants and agents appointed pursuant to subsection C, paragraph 4
of this section are eligible to receive compensation determined by the executive director
in an amount not to exceed two hundred dollars for each day of service.

E. A person who is aggrieved by an action taken by the executive director pursuant
to subsection C, paragraphs 21 through 27 of this section or section 32-1422, subsection
E, may request the board to review that action by filing with the board a written request
within thirty days after that person is notified of the executive director's action by
personal delivery or, if the notification is mailed to that person's last known residence
or place of business, within thirty-five days after the date on the notification. At the
next regular board meeting, the board shall review the executive director's action. On
review, the board shall approve, modify or reject the executive director's action.