Arizona Medical Board - azmd.gov

1 Arizona Medical Board 9545 East Doubletree Ranch Road Scottsdale, Arizona 85258 Home Page: Telephone (480) 551-2700 Fax (480) 551-2705 In-State Toll Free (877) 255-2212 DRAFT MINUTES FOR REGULAR SESSION MEETING Held on Wednesday, December 6, 2017 9535 E. Doubletree Ranch Road Scottsdale, Arizona Board Members James M. Gillard, , , , , Chair R. Screven Farmer, , Vice-Chair Jodi A. Bain, Esq., Secretary Bruce A. Bethancourt, , Teresa L. Connolly, , , Gary R. Figge, Pamela E. Jones Lois E. Krahn, Edward G. Paul, Wanda J. Salter, Wednesday, December 6, 2017 GENERAL BUSINESS A.

2 CALL TO ORDER Dr. Gillard called the meeting to order at 8:02 B. ROLL CALL The following Board members were present: Dr. Gillard, Ms. Bain, Dr. Farmer, Dr. Bethancourt, Dr. Connolly, Dr. Figge, Ms. Jones, Dr. Krahn, Dr. Paul and Ms. Salter. ALSO PRESENT Present among Board staff include: Carrie Smith, AAG; Anne Froedge, AAG; Beth Campbell, AAG; Patricia E. McSorley, Executive Director; Kristina Fredericksen, Deputy Director; William Wolf, , Chief Medical Consultant; Andrea Cisneros, Staff Investigational Review Committee ( SIRC ) Coordinator; Raquel Rivera, Investigations Manager; Mary Bober, Board Operations Manager; and Michelle Robles, Board Coordinator.

3 C. PUBLIC STATEMENTS REGARDING MATTERS LISTED ON THE AGENDA Individuals who addressed the Board during the Public Statements portion of the meeting appear beneath the matter(s) referenced. D. EXECUTIVE DIRECTOR S REPORT Update on Agency Relocation Ms. McSorley reported that the Agency will be moving on January 5-6, 2018 and that the IT department has been working and preparing for setup in the new building. This upcoming Tuesday there will be a ribbon cutting ceremony. Update on recent Joint Officers Meetings Draft Minutes for the December 6, 2017 AMB Regular Session Meeting Page 2 of 22 Ms.

4 McSorley reported that the next meeting is scheduled for December 14, 2018. Update on Physicians Health Program Committee and status of RFP through State Procurement Office Ms. McSorley reported that once the bid is closed the Board will be provided an update. E. CHAIR S REPORT No report was given. F. LEGAL ADVISOR S REPORT Update on Case # 16A-37896-MDX Ms. Smith reported that the Board did require the physician to provide regular status reports and that the most current report is available for the Board s review. G. REVIEW, DISCUSSION AND POSSIBLE RECOMMENDATION REGARDING Board S POLICY FOR REIMBURSEMENT FOR PER DIEM COMPENSATION AND EXPENSES Ms.

5 McSorley reported that the Auditor General s Office had reviewed agency reimbursement, and a report had been provided for the Board s review. Ms. McSorley informed the Board that the Board s policy meets ADOA s requirements. H. REVIEW, DISCUSSION AND POSSIBLE ACTION REGARDING LEGISLATIVE PROPOSAL FOR EXPEDITED LICENSURE PURSUANT TO HB 2502, SESSION LAW 2016, CHAPTER 137 Ms. McSorley reported that the mandate is for the Board to establish an expedited licensing process. Board staff has worked towards implementing the temporary license and the Board s full Medical license process has become more expeditious.

6 Ms. McSorley informed the Board of 78 day total timeframe it generally takes to obtain the required licensure documents and that once they are received it takes about 7 to 8 Board processing days to issue the license, where previously it took 28 days to issue a license. Ms. McSorley informed the Board that she has prepared a letter for Senator Barto and Representative Carter explaining that the Board s current processes meet the requirements of the mandate and requested that the Board allow her to send the letter. MOTION: Dr. Krahn moved for the Board to approve the Executive Director s recommendation to inform the legislature that the requirement for expedited licensure is satisfied by the Board s current processes.

7 SECOND: Dr. Farmer. VOTE: 10-yay, 0-nay, 0-abstain, 0-recuse, 0-absent. MOTION PASSED. I. UPDATE ON DEPARTMENT OF HEALTH SERVICES (DHS) RULES, R9-10-120 AND CURRENT RULEMAKING PROCESS RELATED TO OPIOID PRESCRIBING AND UPDATE ON GOVERNOR S COUNCIL TO ADDRESS OPIOID CRISIS Sheila Sjolander, DHS Assistant Director, Prevention Services and Kathy McCanna, Branch Chief, DHS Licensing Services provided a presentation to the Board regarding Governor Ducey s State of Emergency declaration due to an opioid epidemic and the subsequent mandates DHS must implement.

8 These mandates includes developing guidelines to educate providers on responsible prescribing, provide training to local law enforcement agencies on proper protocols for administering naloxone in overdose situations and to provide a report on findings and recommendations. DHS has also initiated emergency rulemaking for opioid prescribing and Draft Minutes for the December 6, 2017 AMB Regular Session Meeting Page 3 of 22 treatment practices for licensed Health Care Institutions. The presentation included an update on the goals, recommendations and performance measures of the Opioid Action Plan.

9 Dr. Farmer spoke in favor of DHS s efforts and presentation. Dr. Farmer commented on the lack of information being relayed to practicing physicians and discussed utilizing the Board s Newsletter to help bridge that education gap. Dr. Farmer noted the emphasis on treatment is necessary and having forms of treatment available for patients who are affected by this Executive Order and the opioid epidemic. J. APPROVAL OF MINUTES MOTION: Dr. Connolly moved to approve the September 14, 2017 Special Teleconference; including Executive Session and the October 3-4, 2017 Regular Session; including Executive Session.

10 SECOND: Dr. Paul. VOTE: 10-yay, 0-nay, 0-abstain, 0-recuse, 0-absent. MOTION PASSED. LEGAL MATTERS K. REVIEW, CONSIDERATION AND POSSIBLE ACTION ON PROPOSED Board ORDER ARISING FROM ADMINISTRATIVE LAW JUDGE S ( ALJ ) RECOMMENDED DECISION 1. MD-15-0916A, SUSAN D. SCARLA, , LIC. #13951 Dr. Scarla was not present. Dr. Gillard summarized that the ALJ found clear and convincing evidence of multiple deviations including inadequate Medical records, inappropriate prescribing to family members, violation of a Board Order and a danger to public safety.