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Professional Health Associations Look to Recover Funds, File Suit Against State of Arizona
PHOENIX – A coalition of thirteen Arizona health associations representing licensed health professionals in numerous fields filed suit in Maricopa County Superior Court today to recover more than $13.2 million in funds "swept" from various licensing boards. These funds were taken by the Arizona Legislature in April and June 2008 and transferred to the State’s General Fund. The funds consist entirely of fees paid by licensees in each profession. There are several strong legal arguments that the "transfers" are unconstitutional and in violation of state law. The taking of these funds has left the boards extremely weakened, creating excessive delays in both licensing and disciplinary actions. As a result of the licensing delays, some healthcare businesses and individual providers may choose not to expand or locate in Arizona, which in turn would further exacerbate the existing shortage of physicians and nurses and some other licensed health professionals. Along with licensing, these boards protect the health and welfare of Arizonans by investigating allegations of misconduct. Without adequate funding, these boards may be forced to lay-off staff and compromise their critical regulatory responsibilities. Some boards, including the Pharmacy Board, will have to cease operations as soon as July 2009. "As health professionals, the regulation of safe practices and compliance is crucial to ensure the health, safety and welfare of the patients our members serve," said Mindy Rasmussen, RPh, the Executive Director/CEO of the Arizona Pharmacy Alliance. "Ensuring quality health care that is accessible to all Arizonans should be a top priority. Taking money from the licensing boards compromises the integrity of health care in Arizona." By law, the funds must be used for the purpose of running the individual boards. "Our members pride themselves on being trusted care-takers of their patients’ health," said Arizona Dental Association Executive Director, Kevin Earle. "A vital and effective regulatory structure provided by the boards adds confidence to patients and the public at large. These boards need funding to survive." "This suit is crucial to the immediate and on-going operation of these regulatory boards," said Roger Morris with the law firm of Quarles & Brady, LLP, one of the attorneys representing the associations. "The associations brought suit because they recognize that protecting the public health and safety is of paramount importance and have joined together in an effort to force the State of Arizona to do the same." The associations participating in this action are: the Arizona Athletic Trainers Association, Arizona Association of Chiropractic, Arizona Dental Association, Arizona Medical Association, Arizona College of Emergency Physicians, Arizona Nurses’ Association, Arizona Occupational Therapy Association, Arizona Optometric Association, Arizona Osteopathic Medical Association, Arizona Pharmacy Alliance, Arizona Physical Therapy Association, Arizona State Association of Physician Assistants, and Arizona Veterinary Medical Association. The following is a breakdown of the funding swept by the state:
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