Arizona Board of Massage Therapy Complaint Lawyer: Our attorney can assist a Massage Therapist with Board Complaints
Who can file a complaint against a massage therapist? Patients, health care facilities, other professionals, among others. When the Arizona Board of Massage Therapy 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 massage therapist receives notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial for massage therapists as they must submit a response, interview with the investigator while also possibly appearing at an Arizona Board of Massage Therapy.
Responding to Practice Complaints and Investigations
After receiving an Arizona Board of Massage Therapy Complaint or self-report, a massage therapist receives a notice from the Board requesting additional information as well as a response to allegations found in the complaint. From here, the Arizona Board of Massage Therapy 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 massage therapist’s employer and business
- Criminal records
- Interviews of people associated with the Board Complaint (These interviewees can include the patient, medical director, colleagues, etc.)
Appeals of Arizona Board Decisions by Attorneys
It’s always disappointing when a massage therapist receives an unfavorable decision from the Arizona Board of Massage Therapy (“ABMT“). However, massage therapists in Arizona can benefit from understanding the process that goes along with Arizona Board of Massage Therapy Appeals and hearings after an Arizona Board of Massage Therapy Complaint is heard. If you are facing an unfavorable ABMT outcome due to an Arizona Board of Massage Therapy Disciplinary Action, you can always appeal the decision.
Filing an Appeal after a Board of Massage Therapy Meeting
The investigatory process and the appeal process work like this: The Arizona Board receives a complaint or initiates an investigation into the conduct of the massage therapist. Once the board receives a complaint or self-report they will then initiate an investigation. The purpose of this investigation is to give the ABMT evidence to make a decision on whether or not a massage therapist should face disciplinary action. If the massage therapist receives an unfavorable decision, it is at this point they can then file an appeal and request a hearing with the Arizona Office of Administrative Hearing. An Administrative Law Judge will then oversee the appeal and the massage therapist may need to attend a hearing. However, sometimes the investigation is automatically sent to hearing or an informal settlement conference can be held.
Massage Therapist Administrative Appeal and Hearing Information
Any massage therapist licensee may request a legal appeal of Arizona State Board Discipline 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 massage therapist’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.
Professional Licensing Attorney
If you’re interested in learning more about our Arizona Board of Massage Therapy Attorney services and how to protect your license, set up a consultation with an Arizona attorney with Chelle Law today.