The Arizona Board of Osteopathic Examiners protects and promotes the welfare of the people of Arizona. They do this by ensuring each person who is a doctor of osteopathy and holds a license as an osteopathic physician in the State of Arizona. They also ensure each physician is competent and able to practice safely. This means the Arizona Board of Osteopathic Examiners has the authority to discipline the license of any osteopathic doctor. Chelle Law’s Arizona Board of Osteopathic Examiners Attorneys have represented over 1,000 health care professionals before Arizona licensing boards. At Chelle Law, our attorney’s have the experience to help osteopathic professionals with all Arizona Board of Osteopathic Examiners matters.
Arizona Board of Osteopathic Examiners Complaint
Who can file a complaint against a physician? Patients, health care facilities and other professionals, among others can all file a complaint. After receiving a complaint, the Arizona Board of Osteopathic Examiners will initiate an investigation (if the Board has jurisdiction and the complaint isn’t dismissed). If the board initiates an investigation the physician then receives notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial. This is because physicians need to submit a response, interview with the investigator while also possibly appearing before the Arizona Board of Osteopathic Examiners.
Osteopathic Doctor Application Assistance
Applicants to the Arizona Board of Osteopathic Examiners with a criminal history or who have previous discipline by the Arizona Board of Osteopathic Examiners may need application assistance. This is because the physician can be subject to the denial of their application for licensure. Those with a criminal or disciplinary history from other licensing boards may also face an investigation by the Board.
Reporting a Criminal Charge to the Arizona Board of Osteopathic Examiners
Osteopathic examiners who hold a current license or pending applicants to the Arizona Board of Osteopathic Examiners must notify the Board of any criminal charge that may affect patient safety. This must occur within ten business days. Learn more about what crimes an individual must report and the potential discipline that come with it.
Osteopathic Board Appeal and Hearing
Any licensee may request an appeal of an Arizona Board of Osteopathic Examiners disciplinary action to an administrative law judge with the Arizona Office of Administrative Hearings (OAH). In some instances, a case is sent automatically to hearing. The administrative hearing is conducted by OAH before an Administrative Law Judge (ALJ). The hearing is not as formal as a trial, but is similar. Each party presents evidence using documents or sworn testimony. They also give an opening and closing argument, which explains why the judge should rule one way or the other. A physician’s attorney can then cross examine witnesses and testify on his or her behalf.
After the hearing, the ALJ reviews the transcripts, evidence and makes a recommendation. However, the Board ultimately makes the decision to either accept, reject or modify the ALJ’s decision. If an individual feels there has been a mistake they can then request a rehearing.
Arizona Physician Disciplinary Actions
It’s the job of the Arizona Board of Osteopathic Examiners to review any complaint alleging a violation of the Arizona laws and regulations. If the Board determines formal disciplinary action is necessary it will happen after the completion of an investigation. Disciplinary actions are given to physicians with a license or certification in Arizona. Thus, at a Board meeting they will vote to determine the outcome of each investigation. They also can vote on a non-disciplinary outcome or to offer the physician formal discipline.
Disciplinary actions can include:
- Letter of Concern.
- Non-disciplinary order for continuing education.
- Administrative warning.
- Decree of censure.
- Civil penalty not to exceed $5,000.
- Practice restriction or limitation.