32-2501. Definitions
(L10, Ch. 172, sec. 1. Eff. 1/1/11)
In this chapter, unless the context otherwise requires:
1. "Active license" means a regular license issued pursuant to this chapter.
2. "Adequate records" means legible medical records containing, at a minimum,
sufficient information to identify the patient, support the diagnosis, justify the
treatment, accurately document the results, indicate advice and cautionary warnings
provided to the patient and provide sufficient information for another practitioner to
assume continuity of the patient's care at any point in the course of treatment.
3. "Advisory letter" means a nondisciplinary letter to notify a physician assistant
that either:
(a) While there is insufficient evidence to support disciplinary action, the board
believes that continuation of the activities that led to the investigation may result in
further board action against the licensee.
(b) The violation is a minor or technical violation that is not of sufficient merit
to warrant disciplinary action.
(c) While the licensee has demonstrated substantial compliance through
rehabilitation or remediation that has mitigated the need for disciplinary action, the
board believes that repetition of the activities that led to the investigation may result
in further board action against the licensee.
4. "Approved program" means a physician assistant educational program accredited by
the accreditation review commission on education for physician assistants, or one of its
predecessor agencies, the committee on allied health education and accreditation or the
commission on the accreditation of allied health educational programs.
5. "Board" means the Arizona regulatory board of physician assistants.
6. "Completed application" means an application for which the applicant has
supplied all required fees, information and correspondence requested by the board on
forms and in a manner acceptable to the board.
7. "Immediate family" means the spouse, natural or adopted children, father,
mother, brothers and sisters of the physician assistant and the natural or adopted
children, father, mother, brothers and sisters of the physician assistant's spouse.
8. "Letter of reprimand" means a disciplinary letter that is issued by the board
and that informs the physician assistant that the physician assistant's conduct violates
state or federal law and may require the board to monitor the physician assistant.
9. "Limit" means a nondisciplinary action that is taken by the board and that
alters a physician assistant's practice or medical activities if there is evidence that
the physician assistant is or may be mentally or physically unable to safely engage in
health care tasks.
10. "Medically incompetent" means that a physician assistant lacks sufficient
medical knowledge or skills, or both, in performing delegated health care tasks to a
degree likely to endanger the health or safety of patients.
11. "Minor surgery" means those invasive procedures that may be delegated to a
physician assistant by a supervising physician, that are consistent with the training and
experience of the physician assistant, that are normally taught in courses of training
approved by the board and that have been approved by the board as falling within a scope
of practice of a physician assistant. Minor surgery does not include a surgical abortion.
12. "Physician" means a physician who is licensed pursuant to chapter 13 or 17 of
this title.
13. "Physician assistant" means a person who is licensed pursuant to this chapter
and who practices medicine with physician supervision.
14. "Regular license" means a valid and existing license issued pursuant to section
32-2521 to perform health care tasks.
15. "Restrict" means a disciplinary action that is taken by the board and that
alters a physician assistant's practice or medical activities if there is evidence that
the physician assistant is or may be medically incompetent or guilty of unprofessional
conduct.
16. "Supervising physician" means a physician who holds a current unrestricted
license, who supervises a physician assistant and who assumes legal responsibility for
health care tasks performed by the physician assistant.
17. "Supervision" means a physician's opportunity or ability to provide or exercise
direction and control over the services of a physician assistant. Supervision does not
require a physician's constant physical presence if the supervising physician is or can
be easily in contact with the physician assistant by telecommunication.
18. "Unprofessional conduct" includes the following acts by a physician assistant
that occur in this state or elsewhere:
(a) Violation of any federal or state law or rule that applies to the performance
of health care tasks as a physician assistant. Conviction in any court of competent
jurisdiction is conclusive evidence of a violation.
(b) Claiming to be a physician or knowingly permitting another person to represent
that person as a physician.
(c) Performing health care tasks that have not been delegated by the supervising
physician.
(d) Habitual intemperance in the use of alcohol or habitual substance abuse.
(e) Signing a blank, undated or predated prescription form.
(f) Gross malpractice, repeated malpractice or any malpractice resulting in the
death of a patient.
(g) Representing that a manifestly incurable disease or infirmity can be
permanently cured or that a disease, ailment or infirmity can be cured by a secret
method, procedure, treatment, medicine or device, if this is not true.
(h) Refusing to divulge to the board on demand the means, method, procedure,
modality of treatment or medicine used in the treatment of a disease, injury, ailment or
infirmity.
(i) Prescribing or dispensing controlled substances or prescription-only drugs for
which the physician assistant is not approved or in excess of the amount authorized
pursuant to this chapter.
(j) Any conduct or practice that is or might be harmful or dangerous to the health
of a patient or the public.
(k) Violation of a formal order, probation or stipulation issued by the board.
(l) Failing to clearly disclose the person's identity as a physician assistant in
the course of the physician assistant's employment.
(m) Failing to use and affix the initials "P.A." or "P.A.-C." after the physician
assistant's name or signature on charts, prescriptions or professional correspondence.
(n) Procuring or attempting to procure a physician assistant license by fraud,
misrepresentation or knowingly taking advantage of the mistake of another.
(o) Having professional connection with or lending the physician assistant's name
to an illegal practitioner of any of the healing arts.
(p) Failing or refusing to maintain adequate records on a patient.
(q) Using controlled substances that have not been prescribed by a physician,
physician assistant, dentist or nurse practitioner for use during a prescribed course of
treatment.
(r) Prescribing or dispensing controlled substances to members of the physician
assistant's immediate family.
(s) Prescribing, dispensing or administering any controlled substance or
prescription-only drug for other than accepted therapeutic purposes.
(t) Knowingly making any written or oral false or fraudulent statement in
connection with the performance of health care tasks or when applying for privileges or
renewing an application for privileges at a health care institution.
(u) Committing a felony, whether or not involving moral turpitude, or a misdemeanor
involving moral turpitude. In either case, conviction by a court of competent
jurisdiction or a plea of no contest is conclusive evidence of the commission.
(v) Having a certification or license refused, revoked, suspended, limited or
restricted by any other licensing jurisdiction for the inability to safely and skillfully
perform health care tasks or for unprofessional conduct as defined by that jurisdiction
that directly or indirectly corresponds to any act of unprofessional conduct as
prescribed by this paragraph.
(w) Having sanctions including restriction, suspension or removal from practice
imposed by an agency of the federal government.
(x) Violating or attempting to violate, directly or indirectly, or assisting in or
abetting the violation of or conspiring to violate a provision of this chapter.
(y) Using the term "doctor" or the abbreviation "Dr." on a name tag or in a way
that leads the public to believe that the physician assistant is licensed to practice as
an allopathic or an osteopathic physician in this state.
(z) Failing to furnish legally requested information to the board or its
investigator in a timely manner.
(aa) Failing to allow properly authorized board personnel to examine on demand
documents, reports and records of any kind relating to the physician assistant's
performance of health care tasks.
(bb) Knowingly making a false or misleading statement on a form required by the
board or in written correspondence or attachments furnished to the board.
(cc) Failing to submit to a body fluid examination and other examinations known to
detect the presence of alcohol or other drugs pursuant to an agreement with the board or
an order of the board.
(dd) Violating a formal order, probation agreement or stipulation issued or entered
into by the board or its executive director.
(ee) Except as otherwise required by law, intentionally betraying a professional
secret or intentionally violating a privileged communication.
(ff) Allowing the use of the licensee's name in any way to enhance or permit the
continuance of the activities of, or maintaining a professional connection with, an
illegal practitioner of medicine or the performance of health care tasks by a person who
is not licensed pursuant to this chapter.
(gg) False, fraudulent, deceptive or misleading advertising by a physician
assistant or the physician assistant's staff or representative.
(hh) Knowingly failing to disclose to a patient on a form that is prescribed by the
board and that is dated and signed by the patient or guardian acknowledging that the
patient or guardian has read and understands that the licensee has a direct financial
interest in a separate diagnostic or treatment agency or in nonroutine goods or services
that the patient is being prescribed and if the prescribed treatment, goods or services
are available on a competitive basis. This subdivision does not apply to a referral by
one physician assistant to another physician assistant or to a doctor of medicine or a
doctor of osteopathy within a group working together.
(ii) With the exception of heavy metal poisoning, using chelation therapy in the
treatment of arteriosclerosis or as any other form of therapy without adequate informed
patient consent or without conforming to generally accepted experimental criteria
including protocols, detailed records, periodic analysis of results and periodic review
by a medical peer review committee, or without approval by the United States food and
drug administration or its successor agency.
(jj) Prescribing, dispensing or administering anabolic or androgenic steroids for
other than therapeutic purposes.
(kk) Prescribing, dispensing or furnishing a prescription medication or a
prescription-only device as defined in section 32-1901 to a person unless the licensee
first conducts a physical examination of that person or has previously established a
professional relationship with the person. This subdivision does not apply to:
(i) A physician assistant who provides temporary patient care on behalf of the
patient's regular treating licensed health care professional.
(ii) Emergency medical situations as defined in section 41-1831.
(iii) Prescriptions written to prepare a patient for a medical examination.
(iv) Prescriptions written or antimicrobials dispensed to a contact as defined in
section 36-661 who is believed to have had significant exposure risk as defined in
section 36-661 with another person who has been diagnosed with a communicable disease as
defined in section 36-661 by the prescribing or dispensing physician assistant.
(ll) Engaging in sexual conduct with a current patient or with a former patient
within six months after the last medical consultation unless the patient was the
licensee's spouse at the time of the contact or, immediately preceding the professional
relationship, was in a dating or engagement relationship with the licensee. For the
purposes of this subdivision, "sexual conduct" includes:
(i) Engaging in or soliciting sexual relationships, whether consensual or
nonconsensual.
(ii) Making sexual advances, requesting sexual favors or engaging in other verbal
conduct or physical contact of a sexual nature with a patient.
(iii) Intentionally viewing a completely or partially disrobed patient in the
course of treatment if the viewing is not related to patient diagnosis or treatment under
current practice standards.
(mm) Performing health care tasks under a false or assumed name in this state.
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