Ariz. Rev. Stat. » Title 32
Arizona Revised Statutes

Ariz. Rev. Stat. § 32-1402 (2026)

Board; appointment; qualifications; term; removal; compensation; immunity; report

✓ current as of May 2026
Find cases: SyfertCases citing this section AZ-LEGazleg.gov (official) JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A. The Arizona medical board is established. The board consists of twelve members, four of whom shall represent the public and eight of whom shall be actively practicing medicine.  One of the four public members shall be a licensed practical nurse or a professional nurse, as defined in chapter 15 of this title, with at least five years' experience.  The eight physicians must be from at least three different counties of the state.  Not more than five of the board members may be from any one county.  Members of the board are appointed by the governor. All appointments shall be made promptly.  The governor shall make all appointments pursuant to section 38-211.

B. Each doctor of medicine who is appointed to the board shall have been a resident of this state and actively engaged in the practice of medicine as a licensed physician in this state for at least the five years before appointment.

C. The term of office of a member of the board is five years, commencing on July 1 and terminating on July 1 of the fifth year. Each member is eligible for reappointment for not more than one additional term.  However, the term of office for a member of the board appointed to fill a vacancy occasioned other than by expiration of a full term is for the unexpired portion of that term.  Each member may be appointed only once to fill a vacancy caused other than by expiration of a term.  The governor may reappoint that member to not more than two additional full terms.  Each member of the board shall continue to hold office until the appointment and qualification of that member's successor, subject to the following exceptions:

1. A member of the board, after notice and a hearing before the governor, may be removed on a finding by the governor of continued neglect of duty, incompetence, or unprofessional or dishonorable conduct, in which event that member's term shall end when the governor makes this finding.

2. The term of any member automatically ends:

(a) On death.

(b) On written resignation submitted to the board chairman or to the governor.

(c) On absence from the state for a period of more than six months.

(d) For failure to attend three consecutive meetings of the board.

(e) Five years after retirement from the active practice of medicine.

D. The board shall annually elect, from among its membership, a chairman, a vice-chairman and a secretary, who shall hold their respective offices at the pleasure of the board.

E. Board members are eligible to receive compensation in the amount of up to two hundred fifty dollars per day for each day of actual service in the business of the board, including time spent in preparation for and attendance at board meetings, and all expenses necessarily and properly incurred in attending meetings of the board.

F. Members of the board are personally immune from suit with respect to all acts done and actions taken in good faith and in furtherance of the purposes of this chapter.

G. The board shall submit a written report to the governor, the Arizona regulatory board of physician assistants and the members of the health and human services committee of the senate and the health committee of the house of representatives, or their successor committees, no later than August 31 of each year on the board's licensing and disciplinary activities for the previous fiscal year. The report must include both of the following:

1. Information regarding staff turnover that indicates whether the person was temporary, part-time or full-time and in which department or division the person worked.

2. The number of investigators who have been hired and how many of them have completed the investigator training program required by section 32-1405.

H. Public members appointed to the board may submit a separate written report to the governor by August 31 of each year setting forth their comments relative to the board's licensing and disciplinary activities for the previous fiscal year.

 

Notes of Decisions
Cited in 9 cases, 1973–2013 · leading case: Jennings v. Woods, 982 P.2d 274 (Ariz. 1999).
Sort: Relevance Newest Treatment
Jennings v. Woods, 982 P.2d 274 (Ariz. 1999). · cites it 8× “For reasons that are self-evident, A.R.S. § 32-1402 mandates that nine of twelve BOMEX members "shall be actively practicing medicine.”
Ritland v. Arizona State Bd. of Med. Examiners, 140 P.3d 970 (Ariz. Ct. App. 2006). “”) § 32-1402(A) (Supp.2005). . The Board also proposed modifications to the ALJ decision not relevant to this opinion.”
Tucson Woman's Clinic v. Eden, 371 F.3d 1173 (9th Cir. 2004). “Moreover, the history of abortion jurisprudence limited close regulation of the industry by subjecting it to strict scrutiny. Thus, the duration element speaks against finding that abortion providers are a closely regulated industry.”
Tucson Woman's Clinic v. Eden, 379 F.3d 531 (9th Cir. 2004). “Moreover, the history of abortion jurisprudence limited close regulation of the industry by subjecting it to strict scrutiny. Thus, the duration element speaks against finding that abortion providers are a closely regulated industry.”
Arizona Bd. of Med. Examiners v. Superior Court, 922 P.2d 924 (Ariz. Ct. App. 1996). · cites it 2× “§ 32-1403(A), BOMEX is empowered by the legislature to investigate whether a physician “has engaged in unprofessional conduct.”
Arizona Bd. of Osteopathic Examiners in Med. & Surgery v. Ferris, 514 P.2d 288 (Ariz. Ct. App. 1973). · cites it 2× “’s on the medical board and osteopathic physicians on the osteopathic board, A.R.S. §§ 32-1402, subsec. B and 32-1801, subsec.”
Arizona Bd. of Osteopathic Exam. in Med. & Surgery v. Ferris, 514 P.2d 288 (Ariz. Ct. App. 1973). · cites it 2× “'s on the medical board and osteopathic physicians on the osteopathic board, A.R.S. §§ 32-1402, subsec. B and 32-1801, subsec.”
Az Bd. of Med. Examiners v. Super. Ct., 922 P.2d 924 (Ariz. Ct. App. 1996). · cites it 2× “§ 32-1403(A), BOMEX is empowered by the legislature to investigate whether a physician "has engaged in unprofessional conduct.”
Kahn v. Arizona Med. Bd., 300 P.3d 552 (Ariz. Ct. App. 2013). “¶ 8 Section 32-1402(A) sets the Board’s membership at “twelve members, four of whom shall represent the public and eight of whom shall be actively practicing medicine.”
— Ariz. Rev. Stat. § 32-1402(A) — 5 cases
Jennings v. Woods, 982 P.2d 274 (Ariz. 1999). “For reasons that are self-evident, A.R.S. § 32-1402 mandates that nine of twelve BOMEX members "shall be actively practicing medicine.”
Ritland v. Arizona State Bd. of Med. Examiners, 140 P.3d 970 (Ariz. Ct. App. 2006). “”) § 32-1402(A) (Supp.2005). . The Board also proposed modifications to the ALJ decision not relevant to this opinion.”
Arizona Bd. of Med. Examiners v. Superior Court, 922 P.2d 924 (Ariz. Ct. App. 1996). “§ 32-1403(A), BOMEX is empowered by the legislature to investigate whether a physician “has engaged in unprofessional conduct.”
Az Bd. of Med. Examiners v. Super. Ct., 922 P.2d 924 (Ariz. Ct. App. 1996). “§ 32-1403(A), BOMEX is empowered by the legislature to investigate whether a physician "has engaged in unprofessional conduct.”
Kahn v. Arizona Med. Bd., 300 P.3d 552 (Ariz. Ct. App. 2013). “¶ 8 Section 32-1402(A) sets the Board’s membership at “twelve members, four of whom shall represent the public and eight of whom shall be actively practicing medicine.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.