The job of the Arizona Medical Board is to protect and promote the welfare of the people of Arizona. They do this by ensuring each person who is a medical doctor and holds a license as an allopathic physician in the State of Arizona is competent to practice safely. This means the Arizona Medical Board has the authority to discipline the license of any medical doctor. Chelle Law’s Arizona Medical Board Attorneys have represented over 1000 health care professionals before Arizona licensing boards and have the experience needed to help physicians with Arizona Medical Board matters.
Arizona Medical Board Complaint
Who can file a complaint against a physician? Patients, Health Care Facilities, other professionals, among others. When the Arizona Medical Board receives a complaint, the Board will initiate an investigation into the complaint (if the Board has jurisdiction and the Complaint isn’t dismissed). After this happens, the physician will receive notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial for physicians as they must submit a response, interview with the investigator while also possibly appearing at a Arizona Medical Board.
Medical Doctor Application Assistance
Applicants to the Arizona Medical Board who have a criminal history or previous discipline by the Arizona Medical Board (or any other 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 Board.
Reporting a Criminal Charge to the Arizona Medical Board
Behavioral health professionals who currently hold a valid license with the Arizona Medical Board or pending applicants must notify the board of nursing of any criminal charge that may affect patient safety within 10 business days. Learn what crimes an individual must report and the potential discipline that can come with it.
Physician Health Program (PHP)
In lieu of disciplinary action the Arizona Medical Board may allow a physician to enter various PHP agreements which handles the post-treatment monitoring, education and intervention of allopathic physicians who suffer from substance abuse or dependence, medical, psychiatric, psychological or behavioral health disorders that affect their ability to safely practice. Types of PHP Agreements:
- Stipulated Health Agreement: A confidential, non-public monitoring agreement for psychological, psychiatric, behavioral or physical health problems which can last from 6 months to 5 years or more.
- Stipulated Rehabilitation Agreement: A confidential, non-public monitoring agreement for substance abuse which can last from 6 months to 5 years or more.
- Interim Consent Agreement for Practice Restriction: A disciplinary, public, reportable action that restricts the practice of a physician with substance abuse disorder that has led to unsafe practice.
- Interim Consent Agreement for Practice Limitation: A non-disciplinary, public, reportable action that limits the practice of a physician suffering from health reasons that has led to unsafe practice.
- Probation to Participate in the PHP: Requires a physician to remain in compliance with PHP monitoring recommendations.
Medical Board Administrative Appeal and Hearing
Any licensee may request an appeal of an Arizona Medical Board 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. Each party also gives an opening and closing argument which should explain why the judge should rule one way or the other. A physician’s attorney can 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 makes the decision to either accept, reject or modify the ALJ’s decision. If n individuals feels there has been a mistake they can request a rehearing.
Arizona Physician Disciplinary Actions
Arizona Medical Board disciplinary actions are given to physicians with a license or certification in Arizona. If the Board determines formal disciplinary 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 laws and regulations. Thus, at a Board Meeting the Board will vote to determine the outcome of each investigation. The Board can vote on a non-disciplinary outcome or vote to offer the physician formal discipline. Disciplinary actions can include:
- Advisory Letter
- Letter of Reprimand
- Stipulated Rehabilitation Agreement
- Nondisciplinary Order for Continuing Education
If you’re interested in setting up a consultation with our Arizona Medical Board Attorney at Chelle Law or learning more about any of the services we provide to Arizona physicians we invite you to reach out to us today.