36-450.02. Nonretaliatory policy; definition

246 words·~1 min read·/az/title-36/36-450-02

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Each health care institution that is licensed pursuant to this chapter shall adopt a policy that prohibits retaliatory action against a health professional who in good faith:

1. Makes a report to the health care institution pursuant to the requirements of section 36-450.01.

2. Having provided the health care institution a reasonable opportunity to address the report, provides information to a private health care accreditation organization or governmental entity concerning the activity, policy or practice that was the subject of the report.

B. A third-party contractor of a health care institution may not take retaliatory action as proscribed in this section.

C. This section does not prohibit a health care institution that is licensed pursuant to this chapter from taking action against a health professional for a purpose that is not related to a report filed pursuant to section 36-450.01.

D. Except as provided in section 23-1501, subsection A, paragraph 3, subdivisions

(a)and (c), this section shall be enforced only through the provisions of this chapter.

E. There is a rebuttable presumption that any termination or other adverse action that occurs more than six months after the date of a report made pursuant to either subsection A, paragraph 1 or 2 of this section is not a retaliatory action.

F. For the purposes of this section, "third-party contractor" means an entity that contracts with a health care institution to provide health care services in the health care institution by contracting or hiring health professionals.