Arizona Board of Osteopathic Examiners Complaint Lawyer | Our attorney can assist an Osteopathic Examiner with Board Complaints
Who can file a complaint against an osteopathic examiner? Patients, health care facilities, other professionals, among others. When the Arizona Board of Osteopathic Examiners receives a complaint, the Board initiates an investigation into the complaints (if the Arizona Medical Board has jurisdiction and the Complaint isn’t dismissed). After this happens, the osteopathic examiner receives notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial for osteopathic examiners as they must submit a response, interview with the investigator while also possibly appearing at an Arizona Board of Osteopathic Examiners.
Responding to Practice Complaints and Investigations
After receiving an Arizona Board of Osteopathic Examiners Complaint or self-report, an osteopathic examiner receives a notice from the Board requesting additional information as well as a response to allegations found in the complaints. From here, the Arizona Board of Osteopathic Examiners 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 osteopathic examiner’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 State Board Decisions by Attorneys
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 an Arizona Board of Osteopathic Examiners Complaint is heard. If you are facing an unfavorable ABOE outcome due to an Arizona Board of Osteopathic Examiners Disciplinary Action, you can always appeal the decision.
Filing an Appeal after a Board of Osteopathic Examiners Meeting
The investigatory process and the appeal process work like this: The Arizona State Board receives a complaint or initiates an investigation into the conduct of the osteopathic examiner. Once the board receives a complaint or self-report they will then initiate an investigation. 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 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.
Osteopathic Examiner Administrative Appeal and Hearing Information
Any osteopathic examiner 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. 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 Arizona State 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.
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.
Arizona 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 an Arizona attorney with Chelle Law today.