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.

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 complaint. From here, the Osteopathic Examiner Board 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.)

Arizona Board of Osteopathic Examiners Disciplinary Action

When an osteopathic examiner is facing a complaint or investigation by their medical board, they may also face Arizona Board of Osteopathic Examiners Disciplinary Actions. Facing disciplinary action can have vast repercussions on a medical career. This can include license probation, suspension or revocation. It can also jeopardize employment. An osteopathic examiner under investigation can face termination at their current job after receiving a complaint or after the Arizona Medical Board initiates an investigation.

There are certain allegations that can cause an osteopathic examiner to receive disciplinary action. These include:

• Improper record keeping
• Reporting false information
• Negligence
• Physical abuse of patients
• Sexual abuse of patients
• Criminal convictions
• Substance Abuse
• Disruptive Conduct

Arizona Board of Osteopathic Examiners Non Disciplinary Action

• 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 Board of Osteopathic Examiners Complaint

Who can file an Arizona Board of Osteopathic Examiners 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 complaint (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.

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.

AZ State Board Disciplinary Action 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.