Arizona Board of Osteopathic Examiners Attorney

The Arizona Board of Osteopathic Examiners protects and promotes the welfare of the people of Arizona. They do this by ensuring each person who is a doctor of osteopathy and holds a license as an osteopathic physician in the State of Arizona. They also ensure each physician is competent and able to practice safely. This means the Arizona Board of Osteopathic Examiners has the authority to discipline the license of any osteopathic doctor.

Chelle Law’s Arizona Board of Osteopathic Examiners Attorneys have represented over 1,000 health care professionals before Arizona licensing boards. At Chelle Law, our attorney’s have the experience to help osteopathic professionals with all Arizona Board of Osteopathic Examiners matters.

Arizona Board of Osteopathic Examiners Complaint

Who can file a complaint against a physician? Patients, health care facilities and other professionals, among others can all file a complaint. After receiving a complaint, the Arizona Board of Osteopathic Examiners will initiate an investigation (if the Board has jurisdiction and the complaint isn’t dismissed). If the State Osteopathic Board initiates an investigation the physician then receives notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial. This is because physicians need to submit a response, interview with the investigator while also possibly appearing  before the Arizona Board of Osteopathic Examiners.

Osteopathic Doctor Application Assistance

Applicants to the Arizona Board of Osteopathic Examiners with a criminal history or who have previous discipline by the Arizona Board of Osteopathic Examiners may need application assistance. This is because the physician can be subject to the denial of their application for licensure. Those with a criminal or disciplinary history from other licensing boards may also face an investigation by the State Osteopathic Board. 

Reporting a Criminal Charge to the Arizona State Board of Osteopathic Examiners

Osteopathic examiners who hold a current license or pending applicants to the Arizona Board of Osteopathic Examiners must notify the Arizona Osteopathic Board of any criminal charge that may affect patient safety. This must occur within ten business days.  Learn  more about what crimes an individual must report and the potential discipline that come with it.

Osteopathic Board Appeal and Hearing

Any licensee may request an appeal of an Arizona Board of Osteopathic Examiners disciplinary action to an administrative law judge with the Arizona Office of Administrative Hearings (OAH). In some instances, a case is sent automatically to hearing. The administrative hearing is conducted by OAH before an Administrative Law Judge (ALJ). The hearing is not as formal as a trial, but is similar. Each party presents evidence using documents or sworn testimony. They also give an opening and closing argument, which explains why the judge should rule one way or the other. A physician’s attorney can then cross examine witnesses and testify on his or her behalf.

After the hearing, the ALJ reviews the transcripts, evidence and makes a recommendation. However, the Board ultimately makes the decision to either accept, reject or modify the ALJ’s decision. If an individual feels there has been a mistake they can then request a rehearing.

Arizona Physician Disciplinary Actions

It’s the job of the Arizona Board of Osteopathic Examiners to review any complaint alleging a violation of the Arizona laws and regulations. If the Arizona Osteopathic Board determines formal disciplinary action is necessary it will happen after the completion of an investigation. Disciplinary actions are given to physicians with a license or certification in Arizona. Thus, at a Board meeting they will vote to determine the outcome of each investigation. They also can vote on a non-disciplinary outcome or to offer the physician formal discipline.

Disciplinary actions can include:

• Dismissal.
• Letter of Concern.
• Non-disciplinary order for continuing education.
• Administrative warning.
• Decree of censure.
• Civil penalty not to exceed $5,000.
• Probation.
• Practice restriction or limitation.
• Suspension.
• Revocation.

Arizona Board of Osteopathic Examiners Probation Attorney

Probation from the Arizona Board of Osteopathic Examiners against the licenses of osteopathic examiners in Arizona is offered through a Consent Agreement.  The Consent Agreement requires the osteopathic examiner 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 Board of Osteopathic Examiners can place osteopathic examiners on probation through:

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

Osteopathic examiners who hold a license in Arizona can face disciplinary actions by the Arizona Board of Osteopathic Examiners for many different reasons.  If the Osteopathic Examiners 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 Practice Act and Arizona law.  Thus, at an Arizona Board of Osteopathic Examiners 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 osteopathic examiner formal discipline.

Contact our Office for Consultations

If you would like to set up a consultation and counsel with the Arizona Board of Osteopathic Examiners Attorney at Chelle Law or want to learn more about the services we offer, contact us today.