A.R.S. § 32-1664.02: Investigative files; access; confidentiality; definition

A. Notwithstanding any provision of this chapter or chapter 32 of this title to the contrary:

1. The board shall provide notice to a respondent at least fifteen business days before a meeting of the board to review the status of an investigation. The board shall provide the respondent with access to the investigative file by either of the following methods at the discretion of the respondent:

(a) Allow the respondent to review the file at the board office and receive copies.

(b) Provide the file to the respondent or the respondent's attorney by electronic transmission.

2. A person who obtains information from the board pursuant to this section may not release the information to any other person or entity or use the information in any proceeding or action except in connection with the board's review of the investigation, the disciplinary interview and any administrative proceeding or appeal related to the disciplinary interview or hearing. A person who violates this paragraph commits an act of unprofessional conduct.

3. The board may not make an administrative dismissal or nondisciplinary remedial action publicly available or report the action to the national practitioner data bank, consistent with federal law.

B. For the purposes of this section, "investigative file" includes:

1. Any witness or complainant statement and any documentary evidence obtained during the investigation.

2. Any review conducted by an expert or consultant providing an evaluation of or opinion on the allegations.

3. Any records on the patient obtained by the board from other health care providers.

4. The results of any evaluation or test of the licensee or certificate holder conducted at the board's direction.

5. Any other factual information that the board will use in making its determination.

6. Any recommendation to the board for the disposition of the investigation.