Arizona Acupuncture Board Disciplinary Actions | AZ Complaints

Arizona Acupuncture Board disciplinary actions are given to acupuncturists 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. Chelle Law’s Arizona Acupuncture Board Attorneys have represented over 1,000 health care professionals before Arizona licensing boards. At Chelle Law, our attorney’s have the experience to help acupuncturists with all Arizona Acupuncture Board matters.

Thus, at a Board Meeting the Board will vote to determine the outcome of each investigation and review of complaints.  The Board can vote on a non-disciplinary outcome or vote to offer the acupuncturist formal discipline.  Disciplinary actions can include:

• Case Dismissal
• Letter of concern
• Decree of censure
• Probation
• Non-disciplinary order for continuing education
• Suspension
• Revocation
• Voluntary surrender

Arizona Acupuncture Board Non Disciplinary Actions

• CASE DISMISSAL: The Board may dismiss a complaint if they determine the information indicates there was not a violation of the rules of the Arizona Medical Practice Act.  This outcome is not available to the public.
• NON-DISCIPLINARY ORDER FOR CONTINUING EDUCATION: An order that dictates the acupuncturist must complete a number of hours of continuing education for specific topics.
• LETTER OF CONCERN: A letter from the Board expressing concern the acupuncturist’s conduct wasn’t ideal. However, the conduct doesn’t necessarily violate Arizona law.

Arizona Acupuncture Unprofessional Conduct

• REVOCATION: If the Board revokes an acupuncturist’s license the acupuncturist will be unable to practice or get licensed again for a minimum of five years. After the five year period license revocation the acupuncturist will need to reapply for their license. If the acupuncturist reapplies for licensure they must demonstrate the grounds for revocation (substance abuse, mental health problems, criminal convictions) has been rectified through an applicable program. This is a public document.
• VOLUNTARY SURRENDER: The acupuncturist voluntarily gives up their license. The benefit of this voluntary consent is that the Board is usually willing to reduce the amount of time until an acupuncturist can reapply. This is usually between two to three years.
• SUSPENSION: A suspension stops the acupuncturist from practicing. It prohibits any patient contact or services for a period of time until the Board lifts the suspension.
• PROBATION: The Board offers probation through a consent agreement. The consent agreement requires the acupuncturist do certain things (drug testing, work supervision, counseling, continuing education).  Alternatively, they may need to refrain from doing things (unsupervised Medical like home health, working under the Medical licensure compact, using alcohol, etc.) A request for a removal of probation will be needed.
• DECREE OF CENSURE: A decree of censure is the lowest level of formal discipline. There are no probationary requirements, but the Order will be listed on the website.

Arizona Acupuncturist Complaints

Who can file an Arizona Acupuncture Board Complaint against an acupuncturist? Patients, health care facilities, other professionals, among others. When the Arizona Acupuncture Board receives a complaint, the Board initiates an investigation into the complaint (if the Board has jurisdiction and the Complaint isn’t dismissed). 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 for acupuncturists as they must submit a response, interview with the investigator while also possibly appearing at an Arizona Acupuncture Board.

Responding to Practice Complaints and Investigations

After receiving an Arizona Acupuncture Board Complaint or self-report, an acupuncturist receives a notice from the Board requesting additional information as well as a response to allegations found in the complaint. From here, the Acupuncture Board assigns an investigator to the complaint and they begin to collect evidence. The documents and evidence collected includes:

• Patient medical records
• Employment files from the acupuncturist’s employer and business
• Criminal records
• Review of the professional’s behavior at work
• Interviews of people associated with the Board Complaint (These interviewees can include the patient, medical director, colleagues, etc.)

Behavior Analyst Rules

Analyst rules effective July 4, 2020 from Arizona statutes can be found on the Statutes and Rules page.

Acupuncture Rules Effective July 4, 2020

Acupuncture rules effective July 4, 2020 from Arizona statutes can be found on the Statutes and Rules page.

Arizona Acupuncture Board 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 Arizona Acupuncture 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.

Protect Your License with Chelle Law

If you’re interested in learning more about our Arizona Acupuncture Board Attorney services and how to protect your license, set up a consultation with Chelle Law today.