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| 53 | 64 | | AN ACT |
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| 57 | 68 | | Amending section 32-2082, Arizona Revised Statutes; relating to the state board of psychologist examiners. |
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| 63 | 74 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 67 | 78 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 32-2082, Arizona Revised Statutes, is amended to read: START_STATUTE32-2082. Right to examine and copy evidence; subpoenas; right to counsel; appeal A. In connection with an investigation conducted pursuant to this chapter, at all reasonable times the board and its the board's authorized agents may examine and copy documents, reports, records and other physical evidence wherever located relating to the licensee's professional competence, unprofessional conduct or mental or physical ability to safely practice psychology. B. The board and its the board's authorized agents may issue subpoenas to compel the attendance and testimony of witnesses and the production of documents and other physical evidence as prescribed in subsection A of this section. The board may petition the superior court to enforce a subpoena. C. Within five days of after receiving a subpoena, a person may petition the board to revoke, limit or modify the subpoena. The board shall take this action if it the board determines that the evidence demanded is not relevant to the investigation. The person may petition the superior court for this relief without first petitioning the board. D. A person appearing before the board or its the board's authorized agents may be represented by an attorney. E. Except as otherwise provided in this subsection, documents associated with an investigation are not open to the public and shall remain confidential. No Documents may not be released without a court order compelling their production. The party that filed the complaint is entitled to and shall be provided copies of all documents received and reviewed by the board in connection with the investigation, except as otherwise restricted under state or federal law. F. Nothing in this section or any other provision of law making communications between a psychologist and client or patient privileged applies to an investigation conducted pursuant to this chapter. The board, its employees and its agents shall keep in confidence the names of clients or patients whose records are reviewed during an investigation.END_STATUTE |
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| 69 | 80 | | Be it enacted by the Legislature of the State of Arizona: |
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| 71 | 82 | | Section 1. Section 32-2082, Arizona Revised Statutes, is amended to read: |
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| 73 | 84 | | START_STATUTE32-2082. Right to examine and copy evidence; subpoenas; right to counsel; appeal |
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| 75 | 86 | | A. In connection with an investigation conducted pursuant to this chapter, at all reasonable times the board and its the board's authorized agents may examine and copy documents, reports, records and other physical evidence wherever located relating to the licensee's professional competence, unprofessional conduct or mental or physical ability to safely practice psychology. |
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| 76 | 87 | | |
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| 77 | 88 | | B. The board and its the board's authorized agents may issue subpoenas to compel the attendance and testimony of witnesses and the production of documents and other physical evidence as prescribed in subsection A of this section. The board may petition the superior court to enforce a subpoena. |
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| 78 | 89 | | |
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| 79 | 90 | | C. Within five days of after receiving a subpoena, a person may petition the board to revoke, limit or modify the subpoena. The board shall take this action if it the board determines that the evidence demanded is not relevant to the investigation. The person may petition the superior court for this relief without first petitioning the board. |
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| 80 | 91 | | |
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| 81 | 92 | | D. A person appearing before the board or its the board's authorized agents may be represented by an attorney. |
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| 83 | 94 | | E. Except as otherwise provided in this subsection, documents associated with an investigation are not open to the public and shall remain confidential. No Documents may not be released without a court order compelling their production. The party that filed the complaint is entitled to and shall be provided copies of all documents received and reviewed by the board in connection with the investigation, except as otherwise restricted under state or federal law. |
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| 85 | 96 | | F. Nothing in this section or any other provision of law making communications between a psychologist and client or patient privileged applies to an investigation conducted pursuant to this chapter. The board, its employees and its agents shall keep in confidence the names of clients or patients whose records are reviewed during an investigation.END_STATUTE |
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