Arizona Board of Physician Assistants Complaint Lawyer: Board Complaint Defense for AZ Physician Assistants
Who can file a complaint against a physician assistant? Patients, health care facilities, other professionals, among others. When the Arizona Board of Physician Assistants receives a complaint, the Board initiates an investigation into the complaint (if the Board has jurisdiction and the Complaint isn’t dismissed). After this happens, the physician assistant receives notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial for physician assistants as they must submit a response, interview with the investigator while also possibly appearing at an Arizona Board of Physician Assistants.
Responding to Practice Complaints and Investigations
After receiving an Arizona Board of Physician Assistants Complaint or self-report, a physician assistant receives a notice from the Board requesting additional information as well as a response to allegations found in the complaint. From here, the Arizona Board of Physician Assistants 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 physician assistant’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 Decisions by Attorneys
It’s always disappointing when a psychologist receives an unfavorable decision from the Arizona Board of Physician Assistants (“ABPA“). However, physician assistants in Arizona can benefit from understanding the process that goes along with Arizona Board of Physician Assistants Appeals and hearings after an Arizona Board of Physician Assistants Complaint is heard. If you are facing an unfavorable ABPA outcome due to an Arizona Board of Physician Assistants Disciplinary Action, you can always appeal the decision.
Filing an Appeal after a Board of Physician Assistants Meeting
The investigatory process and the appeal process work like this: The AZ Board receives a complaint or initiates an investigation into the conduct of the physician assistant. Once the board receives a complaint or self-report they will then initiate an investigation. The purpose of this investigation is to give the ABPA evidence to make a decision on whether or not a physician assistant should face disciplinary action. If the physician assistant 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 physician assistant may need to attend a hearing. However, sometimes the investigation is automatically sent to hearing or an informal settlement conference can be held.
Physician Assistant Administrative Appeal and Hearing Information
Any assistants 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. A physician assistant’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.
Probation and Disciplinary Action Attorney
If you’re interested in learning more about our Arizona Board of Physician Assistants Attorney services and how to protect your healthcare license, set up a consultation with an Arizona attorney with Chelle Law today.