Arizona Athletic Training Board Criminal Reporting | Athletic Trainer Board
A.R.S. 32-3208 requires that athletic trainer licensees and applicants for an athletic trainer license must report misdemeanor criminal charges involving conduct that may affect patient safety or a felony to the Arizona Athletic Training Board within 10 working days after the charge is filed. A working day would be considered Monday through Friday.
Failure to report a reportable criminal charge within 10 business days is a violation of the Arizona Practice Act and could result in Arizona Athletic Training Board Probation.
What Current and Past Crimes Must an Athletic Trainer Report to the State Board?
A felony must be reported within 10 days of being charged. The following types of misdemeanor or other criminal histories are crimes that have been determined by the Board to be reportable pursuant to A.RS § 32-3208:
- Assault and Related Offenses
- Theft and Related Offenses
- Fraud, Deceit and Related Offenses
- Abuse, Neglect, Exploitation of a Child or Vulnerable Adult and Related Offenses
- Sexual and Related Offenses
- Drug and/or Alcohol Related Offenses
- Arson and Related Offenses
- Animal Abuse, Cruelty and Related Offenses
Failure to report a reportable criminal charge within 10 business days is a violation of the Arizona Practice Act and could result in disciplinary action which could result in Arizona Athletic Training Board Probation.
DUI Effects on a License
Athletic Trainers who contact our office frequently ask our attorney’s if state law allows an athletic training professional with a DUI crime or conviction to get a license with the Arizona State Athletic Training Board? The short answer is yes. An Arizona Athletic Trainer DUI will not necessarily prevent an athletic trainer from obtaining a license or a career in the health field. However, the Board (which handles all complaints) has a public policy (updated as of September 2020) on their website which covers the details of what circumstances athletic training professionals with a case that resulted in a felony DUI criminal conviction can get a license.
Disclosing a Record for an Applicant
If an athletic trainer license applicant is not required to disclose a legal misdemeanor DUI, the AZ Board can still initiate an investigation based upon the results of a health care fingerprint background check. The Board will then contact the athletic trainer professional and initiate an investigation in their practice utilizing the law of the Arizona Practice Act (current as of October 2020). This license investigation determines whether the athletic trainer is a danger to the public, has any medical or mental health problems and whether the athletic trainer has rehabilitated in the time since the criminal misdemeanor DUI or DUI charges occurred. Simply, the Board wants to know whether the applicant can provide safe medical care with a past criminal case involving alcohol or substance abuse.
Athletic Trainer Record and Convictions
One question our attorneys are frequently asked is whether state law allows an athletic trainer professional with a felony criminal background or an arrest to get a license with the Arizona Athletic Trainer Board? The short answer is, yes. An Arizona Felony for athletic trainers will not necessarily prevent an athletic trainer from obtaining a license or a career in the medical field. However, the Board has a public policy on their website which covers the details of under what circumstances an athletic trainer with a case that resulted in criminal records can get a license.
Criminal Charges and Behavior Analyst Rules with the Arizona Athletic Training Board
When a professional applies to the Arizona’s Athletic Training Board, they must disclose a felony criminal court sentence (and other similar offenses) on their application. An athletic trainer must self report a felony no matter how much time or how many years have passed since the conviction. After self-reporting occurs, the Board contacts the athletic trainer and initiates an investigation utilizing the law of the AZ Practice Act. The investigation helps to determine whether the medical professional is a danger to the public, has any medical or mental health problems and whether the athletic trainer has rehabilitated in the time since the criminal incident occurred. Simply put, Athletic Training Boards want to know whether the athletic training applicant can provide safe athlete care.
Athletic Training Board Probation Information
When an athletic trainer faces Arizona Athletic Training Board Probation the probation is offered through a Consent Agreement. The Consent Agreement requires the athletic trainer 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 Athletic Training Board can place athletic trainers on probation through:
- Stipulated Rehabilitation Agreement
- Interim Practice Restriction
- Decree of Censure with Probation
- Letter of Reprimand with Probation
- Practice Limitation
Athletic trainers who hold a license in Arizona can face disciplinary actions by the Arizona Athletic Training Board for many different reasons. If the Athletic Training Board determines notification of 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 Practice Act and Arizona law. Thus, at an Arizona Athletic Training 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 athletic trainer formal discipline.
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.)
Arizona Athletic Trainer 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.
Arizona Athletic Training Board Licensure Attorney
If you’re interested in learning more about our Arizona Athletic Training Board Attorney services and how to protect your license, set up a consultation with Chelle Law today.