Arizona Chiropractic Board Probation Attorney

Chiropractic Board Probation

Probation from the Arizona Chiropractic Board against the licenses of chiropractors in Arizona is offered through a Consent Agreement.  The Consent Agreement requires the chiropractor 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 Chiropractic Board can place chiropractors on probation through:

• Stipulated Rehabilitation Agreement
• Interim Practice Restriction
• Decree of Censure with Probation
• Letter of Reprimand with Probation
• Practice Limitation

Chiropractors who hold a license in Arizona can face disciplinary actions by the Arizona Chiropractic Board for many different reasons.  If the Chiropractic 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 Chiropractic Board 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 chiropractor formal discipline.

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 Chiropractic 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 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.)

Arizona Chiropractic Board Disciplinary Actions

When a chiropractor is facing a complaint or investigation by their chiropractic board, they may also face Arizona Chiropractic Board 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. A chiropractor under investigation can face termination at their current job after receiving a complaint or after the Board initiates an investigation.

There are certain allegations that can cause a chiropractor 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 Chiropractic Board Criminal Reporting

A.R.S. 32-3208 requires that chiropractor licensees and applicants for a chiropractor license must report misdemeanor criminal charges involving conduct that may affect patient safety or a felony to the Arizona Chiropractic Board 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 Chiropractic Board 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 Chiropractic Board Probation.

Arizona Criminal Record and Convictions

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

Criminal Charges for Chiropractors with the Arizona Board

When a professional applies to the Arizona Chiropractic Board, they must disclose a felony criminal court sentence (and other similar offenses) on their application. A chiropractor 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 chiropractor and initiates an investigation utilizing the law of the AZ Practice Act. The investigation helps to determine whether the chiropractic professional is a danger to the public, has any medical or mental health problems and whether the chiropractor has rehabilitated in the time since the criminal incident occurred. Simply put, the Medical Board wants to know whether the chiropractic applicant can provide safe medical care.

Chiropractic Board Probation 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 Chelle Law today.