Arizona Board of Osteopathic Examiners Appeals | License Defense for an Arizona Osteopathic Examiner

It’s always disappointing when an osteopathic examiner receives an unfavorable decision from the Arizona Board of Osteopathic Examiners (“ABOE“). However, osteopathic examiners in Arizona can benefit from understanding the process that goes along with Arizona Board of Osteopathic Examiners appeals and hearings after a case is heard by the Board. If you are facing an unfavorable ABOE outcome due to an offered disciplinary action, you can always appeal the decision and request an administrative hearing before the Office of Administrative Hearings.

Filing an Appeal after a Board of Osteopathic Examiners Meeting

The investigatory process and the appeal process work like this:  Once the Board receives a complaint or self-report they will then initiate an investigation into the Arizona osteopathic examiner license. The purpose of this investigation is to give the ABOE evidence to make a decision on whether or not an osteopathic examiner should face disciplinary action. If the osteopathic examiner receives an unfavorable formal disciplinary 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 osteopathic examiner may need to attend a hearing. However, sometimes the investigation is automatically sent to hearing or an informal settlement conference can be held (if requested).

Arizona Administrative Appeal and Hearing

Any osteopathic examiner licensee may request a legal appeal of Arizona Board of Osteopathic Examiners 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 Arizona’s 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. An osteopathic examiner’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 by appealing the decision.

Criminal Reporting Requirements for a Osteopathic Examiner

A.R.S. 32-3208 requires that osteopathic examiner licensees and applicants for a osteopathic examiner license must report misdemeanor criminal charges involving conduct that may affect patient safety or a felony to the Arizona Board of Osteopathic Examiners 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 statutes.

What Current and Past Crimes Must Be Reported?

Arizona Board of Osteopathic Examiners Criminal Reporting requirements hold that 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 Board of Osteopathic Examiners’ Probation.

DUI Criminal History

Osteopathic Examiners who contact our office frequently ask our attorney’s if state law allows an osteopathic examiners with a DUI crime or conviction to get a license with the Arizona State Osteopathic Examiner Board? The short answer is yes. An Arizona Osteopathic Examiner DUI will not necessarily prevent an osteopathic examiner 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 osteopathic examiners with a case that resulted in a felony DUI criminal conviction can get a license.

Osteopathic Examiner License Criminal Consequences

This specific policy does not apply to criminal conduct involving misdemeanor DUI charges or convictions. Once an osteopathic examiner professional applies for a license to practice to the Arizona Board of Osteopathic Examiners, they need to disclose any felony DUI criminal court convictions (from previous years) on their application. An osteopathic examiner must report a felony DUI no matter how much time or how many years have passed since the time of the conviction or case.  The AZ Board may also ask about past DUI misdemeanor criminal charges or cases that resulted in a conviction. This is done to ensure an osteopathic examiner can perform safe patient care and can have safe direct contact with patients or other providers.

Disclosing a Criminal Record for a Professional Applicant

If an osteopathic examiner 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 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 osteopathic examiner is a danger to the public, has any medical or mental health problems and whether the osteopathic examiner 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 nursing care with a past criminal case involving alcohol or substance abuse.

The attorney’s at Chelle Law assist osteopathic examiners with interpreting Board policy (which is generally on the Board website). Our attorney’s help the healthcare workers and osteopathic examiners with their application to show the Board the professional isn’t a danger to the health, safety and welfare of the public and is able to provide safe patient care.

Arizona Board of Osteopathic Examiners Disciplinary Actions

Arizona Board of Osteopathic Examiners disciplinary actions are given to osteopathic examiners with a license or certification in Arizona.  If the Board of Osteopathic Examiners determines formal disciplinary 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 laws and regulations. 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 examiners with all Arizona Board of Osteopathic Examiners matters.

Thus, at a Board of Osteopathic Examiners Meeting, the Board will vote to determine the outcome of each investigation.  The Board can vote on a non-disciplinary outcome or vote to offer the osteopathic examiner 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 Non Disciplinary Actions

• CASE DISMISSAL: The Board may dismiss a complaint if they determine the information indicates there was not a violation of the rules of the Arizona Practice Act.  This outcome is not available to the public.
• ADVISORY LETTER: A letter from the Board expressing concern that the osteopathic examiner’s conduct was not ideal; however, the conduct does not necessarily violate the Practice Act or Board policy and no further contact is needed.  This will not effect future licensure or if the massage therapist wishes to further their education. This is not shown on license verification.
• NON-DISCIPLINARY ORDER FOR CONTINUING EDUCATION: An order that dictates the osteopathic examiner must complete a number of hours of continuing education for specific topics.

Arizona Board of Osteopathic Examiners Unprofessional Conduct

• REVOCATION: If the Board revokes an osteopathic examiner’s license the osteopathic examiner will be unable to practice or get licensed again for a minimum of five years. After the five year period license revocation the osteopathic examiner will need to reapply for their license. If the osteopathic examiner 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 osteopathic examiner 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 osteopathic examiner can reapply. This is usually between two to three years.
• SUSPENSION: A suspension stops the osteopathic examiner 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 osteopathic examiner 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.
• LETTER OF REPRIMAND: A letter of reprimand is the lowest level of formal discipline against a license or certificate. There are no probationary requirements. However, the action is on the website for five years for the public to inspect. A document removal will occur five years after signed.
• STIPULATED REHABILITATION AGREEMENT: An Agreement that dictates the osteopathic examiner must be monitored and complete rehabilitation. For instance, an osteopathic examiner found to have a substance abuse problem would be subject to drug testing, group or individual therapy, practice restrictions and supervision.

AZ State Board Licensing Attorney

If you’re interested in learning more about our Arizona Board of Osteopathic Examiners Attorney services and how to protect your license, set up a consultation with Chelle Law today.