Arizona Athletic Training Board Attorney

The job of the Arizona Athletic Training Board (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 a athletic trainer in Arizona is able to practice safely and promote health. This means the Arizona Board of Athletic Training has the authority to discipline the license and practice of any athletic trainer that comes in contact with Arizona.

Chelle Law’s Arizona Athletic Training Board Attorney has represented over 1000 health care professionals before the Board and have the professional licensing defense experience needed to defend the rights of athletic trainers with Arizona Board of Athletic Training matters. Our office and defense attorney assists:

• Athletic Trainers

Helpful Resources:

• Appeals
• Complaint
• Criminal History
• Discipline
• License Probation

Arizona Athletic Training Board License Complaint

Who can file a complaint against an athletic trainer? Patients, Health Care Facilities, athletic trainers, other health care professionals, among others can contact the Board and allege legal violations. When the Arizona Athletic Training Board 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 athletic trainer 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 athletic trainer must submit a response, interview with the investigator while also possibly appearing at a AZ Athletic Training Board Meeting. Our office can assist athletic trainers with interpreting  Arizona law.

Trainer Board Application Denial Assistance

Applicants to the Arizona Athletic Training Board who have a criminal history from years ago (like a DUI) or previous case discipline by the Arizona Athletic Training Board (or any other Athletic Training 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 Athletic Training Board after receiving contact of an investigation. 

Reporting a Misdemeanor to the Board

Athletic Trainers who currently hold a valid license with the Arizona Athletic Training Board or pending applicants must notify the Board of any criminal charge that may affect patient safety within ten (10) business days (like a DUI).  athletic trainers should learn what crimes an individual must report and the potential discipline that can come with it.

Administrative Laws Appeal and Hearing

Any professional athletic trainer licensee may request a legal appeal of an Arizona Athletic Training 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 athletic trainer’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.

Athletic Trainer Practice Disciplinary Actions

Athletic Trainers who hold a license or certification in Arizona can face license actions by the AZ Athletic Training Board 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 Athletic Training Practice Act and Arizona law.  Thus, at an Arizona Athletic Training Board Meeting the Board (see old 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 athletic trainer formal discipline.

Examples of 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 athletic trainer’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.
• CIVIL PENALTY: This is similar to a Decree of Censure. The difference is a athletic trainer can receive a fine (up to $2000 per violation).
• PROBATION: Probation is offered through a Consent Agreement.  The Consent Agreement requires the athletic trainer 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 athletic trainer from practicing as a athletic trainer for a period of time until the Board lifts the suspension.
• REVOCATION: If the Board revokes a athletic trainer‘s license the athletic trainer will be unable to provide care for a minimum amount of time.  After the period the athletic trainer will have to reapply for their license after the five year period has ended.  If the athletic trainer reapplies for licensure the nurse must must demonstrate that the grounds for revocation (substance abuse, mental health problems, criminal convictions, medical issues) has been rectified.
• VOLUNTARY SURRENDER: The athletic trainer 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 athletic trainer can reapply (between 2 to 3 years).

Arizona Athletic Training Unprofessional Conduct

• REVOCATION: If the Board revokes an athletic trainer’s license the athletic trainer will be unable to practice or get licensed again for a minimum of five years. After the five year period license revocation the athletic trainer will need to reapply for their license. If the athletic trainer 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 athletic trainer 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 athletic trainer can reapply. This is usually between two to three years.
• SUSPENSION: A suspension stops the athletic trainer 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 athletic trainer 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 Athletic Trainer Complaints

Who can file an Arizona Athletic Training Board Complaint against an athletic trainer? Patients, health care facilities, other professionals, among others. When the Arizona Athletic Training 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 athletic trainer receives notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial for athletic trainers as they must submit a response, interview with the investigator while also possibly appearing at an Arizona Athletic Training Board.

Responding to Practice Complaints and Investigations

After receiving an Arizona Athletic Training Board Complaint or self-report, an athletic trainer receives a notice from the Board requesting additional information as well as a response to allegations found in the complaint. From here, the Athletic Training 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 athletic trainer’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.)

 

Contact Our Arizona Professional Board Legal 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 Athletic Trainer Attorney reach out to us today.