Arizona Acupuncture Board Probation Attorney | Acupuncturist Attorney

Probation from the Arizona Acupuncture Board against the licenses of acupuncturists in Arizona is offered through a Consent Agreement.  The Consent Agreement requires the acupuncturist do certain things (drug testing, work supervision, counseling, continuing education).  Or alternatively, refrain from doing things (using alcohol, prescribing schedule drugs, seeing certain patients, etc.). The Arizona Acupuncture Board can place acupuncturists on probation through:

• Stipulated Rehabilitation Agreement
• Interim Practice Restriction
• Decree of Censure with Probation
• Letter of Reprimand with Probation
• Practice Limitation

Acupuncturists who hold a license in Arizona can face disciplinary actions by the Arizona Acupuncture Board for many different reasons.  If the Acupuncture 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 Medical Practice Act and Arizona law.  Thus, at an Arizona Acupuncture Board Meeting, the Board 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.

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
• Interviews of people associated with the Board Complaint (These interviewees can include the patient, medical director, colleagues, etc.)

Arizona Acupuncture Board Disciplinary Actions

When an acupuncturist is facing a complaint or investigation by their medical board, they may also face Arizona Acupuncture Board Disciplinary Actions. Facing disciplinary action can have vast repercussions on a medical career. This can include license probation, suspension or revocation. It can also jeopardize employment. An acupuncturist under investigation can face termination at their current job after receiving a complaint or after the Board initiates an investigation.

There are certain allegations that can cause an acupuncturist to receive disciplinary action. These include:

• Improper record keeping
• Reporting false information
• Negligence
• Physical abuse of patients
• Sexual abuse of patients
• Criminal convictions
• Substance Abuse
• Disruptive Conduct

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 Arizona 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).

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 an Arizona attorney with Chelle Law today.