Arizona Chiropractic Board Complaint Lawyer | Our Attorney Can Assist a Chiropractor with Board Complaints
Who can file a complaint against a chiropractor? Patients, health care facilities, and other professionals, among others. When the Arizona Chiropractic Board 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 chiropractor receives notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial for chiropractors as they must submit a response, and interview with the investigator while also possibly appearing at an Arizona Chiropractic Board.
Responding to Practice Complaints and Investigations
After receiving an Arizona Chiropractic Board Complaint or self-report, a chiropractor receives a notice from the Board requesting additional information as well as a response to allegations found in the complaint. From here, the Arizona Chiropractic Board assigns an investigator to the complaint and they begin to collect evidence. The documents and evidence collected include:
- Patient medical records
- Employment files from the chiropractor’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 Board Decisions by Attorneys
It’s always disappointing when a chiropractor receives an unfavorable decision from the Arizona Chiropractic Board (“ACB“). However, chiropractors in Arizona can benefit from understanding the process that goes along with Arizona Chiropractic Board Appeals and hearings after an Arizona Chiropractic Board Complaint is heard. If you are facing an unfavorable ACB outcome due to an Arizona Chiropractic Board Disciplinary Action, you can always appeal the decision.
Filing an Appeal after a Chiropractic Board Meeting
The investigatory process and the appeal process work like this: The Arizona Board receives a complaint or initiates an investigation into the conduct of the chiropractor. Once the board receives a complaint or self-report they will then initiate an investigation. The purpose of this investigation is to give the ACB evidence to make a decision on whether or not a chiropractor should face disciplinary action. If the chiropractor 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 chiropractor may need to attend a hearing. However, sometimes the investigation is automatically sent to a hearing or an informal settlement conference can be held.
Chiropractor Administrative Appeal and Hearing Information
Any chiropractor 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 chiropractor’s attorney can cross-examine witnesses and testify on their behalf. After it is completed, the ALJ reviews the transcripts, and evidence and makes a recommendation. However, the Board makes the decision to either accept, reject or modify the ALJ’s decision. If an individual feels there has been a mistake they can request a rehearing.
Arizona State Professional Licensing Attorney
If you’re interested in learning more about our Arizona Chiropractic Board Attorney services and how to protect your license, set up a consultation with an Arizona attorney with Chelle Law today.
