The job of the Arizona Acupuncture Board of Examiners (located in Phoenix, AZ) is to protect and promote the medical welfare of the people of Arizona. They do this by ensuring each professional who holds a license as an acupuncturist in Arizona is able to practice safely and promote health. This means the Arizona Acupuncture Board has the authority to discipline the license and practice of any acupuncturist that comes in contact with Arizona. Chelle Law’s Arizona Acupuncture Board Attorney has represented over 1000 health care professionals before Arizona Boards and have the professional licensing defense experience needed to defend the rights of acupuncturists with Arizona Acupuncture Board matters. Our office and defense attorney assists:
- Licensed Acupuncturists
- Auricular Chemical Dependency Programs
Arizona Acupuncture Board License Complaint
Who can file a complaint against a acupuncturist? Patients, Health Care Facilities, acupuncturists, other health care professionals, among others can contact the Board and allege legal violations. When the Arizona Board of Acupuncture receives a complaint the Board initiates an investigation into the complaint (if the Board has jurisdiction and the Complaint isn’t dismissed) and a case is opened. After this happens, the acupuncturist receives notice and the Board assigns an investigator to the case. Please note, having an attorney during this step can be crucial and can protect your rights. This is because a acupuncturist must submit a response, interview with the investigator while also possibly appearing at a AZ Board of Acupuncture Meeting. Our office can assist acupuncturists with interpreting Arizona law.
Board of Acupuncture Application Denial Assistance
Applicants to the Arizona Board of Acupuncture who have a criminal history from years ago (like a DUI) or previous case discipline by the Arizona Board of Acupuncture (or any other acupuncture Board) may be subject to denial of their application for licensure. Thus, those with a criminal or disciplinary history from other licensing boards will be investigated by the Arizona Board of Acupuncture after receiving contact of an investigation.
Reporting a Misdemeanor to the Board
acupuncturists who currently hold a valid license with the Arizona Board of Acupuncture or pending applicants must notify the board of acupuncture of any criminal charge that may affect patient safety within ten (10) business days (like a DUI). acupuncturists should learn what crimes an individual must report and the potential discipline that can come with it.
Acupuncture License Administrative Appeal and Hearing
Any professional acupuncturist licensee may request a legal appeal of an Arizona Acupuncture Board disciplinary action to an administrative law judge with the Arizona Office of Administrative Hearings (OAH) which is located in Phoenix. In some instances, a case is sent automatically to OAH. The OAH hearing is conducted before an Administrative Law Judge (ALJ). The administrative process is not as formal as a trial, but is similar. Each party presents evidence using documents or sworn testimony. Each party also gives an opening and closing argument which should explain why the judge should rule one way or the other. A acupuncturist’s attorney can cross examine witnesses and testify on his or her behalf. After it is completed, the ALJ reviews the transcripts, evidence and makes a recommendation. However, the Board makes the decision to either accept, reject or modify the ALJ’s decision. If an individuals feels there has been a mistake they can request a rehearing.
Acupuncturist Practice Disciplinary Actions
Acupuncturists who hold a license or certification in Arizona can face license actions by the AZ Board of Acupuncture for any investigatory matters. If the Board determines formal licensing action is necessary it will happen after the completion of an investigation. It’s the job of the Board to review any complaint alleging a violation of the Arizona law. Thus, at an Arizona Acupuncture Board Meeting the Board (see Meeting Agendas and Minutes) will vote to determine the outcome of each investigation, thus, a defense attorney may be needed. The Board can vote on a non-disciplinary outcome or vote to offer the acupuncturist formal discipline.
Examples of Acupuncture Disciplinary Actions include:
- CASE DISMISSAL: The Board may dismiss a case if they determine there was not a violation of Arizona law.
- LETTER OF CONCERN: A letter from the Board expressing concern that the acupuncturist’s conduct was not ideal; however, the conduct does not necessarily violate Arizona law. (Not uncommon for a first time DUI)
- NON-DISCIPLINARY ORDER: The Board will require a prescribed number of hours of continuing education that provides the necessary understanding of current developments, skills, procedures or treatment.
- DECREE OF CENSURE: A decree of censure is the lowest level of formal discipline. There are no probationary requirements.
- PROBATION: Probation is offered through a Consent Agreement. The Consent Agreement requires the acupuncturist to do certain things (drug testing, work supervision, counseling, continuing education). Or alternatively, refrain from doing things (unsupervised care, using alcohol, etc.).
- SUSPENSION: A suspension stops the acupuncturist from practicing as a acupuncturist for a period of time until the Board lifts the suspension.
- REVOCATION: If the Board revokes a acupuncturist‘s license the acupuncturist will be unable to provide care for a minimum amount of time. After the period the acupuncturist will have to reapply for their license after the five year period has ended. If the acupuncturist reapplies for licensure the acupuncturist must must demonstrate that the grounds for revocation (substance abuse, mental health problems, criminal convictions, medical issues) has been rectified.
- VOLUNTARY SURRENDER: The acupuncturist voluntarily gives up their license. The benefit of a voluntary surrender is that the Board is usually willing to reduce the amount of time until a acupuncturist can reapply (between 2 to 3 years).
Contact Our State Board Licensure Attorney
If you’re interested in learning more about our license defense lawyer services (located in Phoenix) and how to protect your rights, set up a consultation with Chelle Law and our Arizona Acupuncture Board Attorney reach out to us today.
Read what registered nurse Jessica had to say about us on Google:
“When I set out to attempt to get an initial acupuncture license despite having multiple legal issues from partying as a younger adult, someone told me Robert Chelle was THE attorney to hire….With Mr. Chelle’s help, I was able to realize that dream: I am an RN today with a promising career ahead of me…You’ve got so much invested in your career to risk representing yourself. In my case, I had invested 2.5 years of time and tens of thousands of dollars on school before I contacted Mr. Chelle. He and his team were able to provide me results that were essential to being able to start my career..”
Jessica M., Sept 2020, Rating: 5/5 ⭐⭐⭐⭐⭐