Arizona Board of Osteopathic Examiners Criminal Reporting

A.R.S. 32-3208 requires that osteopathic examiner licensees and applicants for an 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 Practice Act and could result in Arizona Board of Osteopathic Examiners Probation.

What Current and Past Crimes Must Be Reported?

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 professional 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 examiner professionals with a case that resulted in a felony DUI criminal conviction can get a license.

Disclosing a Criminal Record for an 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.

Criminal Record and Convictions

One question our attorneys are frequently asked is whether state law allows an osteopathic examiner professional with a felony criminal background to get a license with the Arizona Board of Osteopathic Examiners?  The short answer is, yes. An Arizona Felony for osteopathic examiners will not necessarily prevent an osteopathic examiner 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 osteopathic examiner with a case that resulted in a criminal sentence can get a license.

Criminal Charges for Osteopathic Examiners with the Arizona Board

When a professional applies to the Arizona Board of Osteopathic Examiners, they must disclose a felony criminal court sentence (and other similar offenses) on their application. An osteopathic examiner 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 osteopathic examiner 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 osteopathic examiner has rehabilitated in the time since the criminal incident occurred. Simply put, the Board wants to know whether the osteopathic examiner applicant can provide safe medical care.

Osteopathic Examiner Board Probation

When an osteopathic examiner faces Arizona Board of Osteopathic Examiners Probation the probation 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 Examiner 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 examiners formal discipline.

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 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 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.

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 Chelle Law today.