Arizona Medical Board Attorney
The Arizona Medical Board protects and promotes the welfare of the people of Arizona. They do this by ensuring each person who is a doctor and holds a license as a physician in the State of Arizona is competent and able to practice safely. This means the Arizona Medical Board has the authority to discipline the license of any doctor in the state. Chelle Law’s Arizona Medical Board Attorneys have represented over 1,000 health care professionals before Arizona licensing boards. At Chelle Law, our attorney’s have the experience to help physicians with all Arizona Medical Board matters. We can assist Arizona Medical Board licensees with:
Arizona Medical Board Complaint
Who can file a complaint against a physician? Patients, health care facilities, other professionals, among others. When the Arizona Medical 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 physician receives notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial for physicians as they must submit a response, interview with the investigator while also possibly appearing at a Arizona Medical Board.
Medical Doctor Application Assistance
Applicants to the Arizona Medical Board who have a criminal history or previous discipline by Arizona’s Medical Board (or any other Board) may be subject to denial of their application for licensure. Thus, a healthcare professional with a criminal or disciplinary history from other licensing boards may face an investigation by the Board.
Reporting a Criminal Charge to the AMB
Doctors who currently hold a valid license with the Arizona Medical Board or pending applicants must notify the board of nursing of any criminal charge that may affect patient safety within ten business days. Learn what crimes an individual must report and the potential discipline that can come with it.
Physician Health Program (PHP)
In lieu of disciplinary action the Arizona Medical Board may allow a physician to enter various PHP agreements which handles the post-treatment monitoring, education and intervention of allopathic physicians who suffer from substance abuse or dependence, medical, psychiatric, psychological or behavioral health disorders that affect their ability to safely practice. Types of PHP Agreements:
- Stipulated Health Agreement: A confidential, non-public monitoring agreement for psychological, psychiatric, behavioral or physical health problems. This can last anywhere from six months to five years or more.
- Stipulated Rehabilitation Agreement: A confidential, non-public monitoring agreement for substance abuse which can last from 6 months to 5 years or more.
- Interim Consent Agreement for Practice Restriction: A disciplinary, public, reportable action that restricts the practice of a physician with substance abuse disorder that has led to unsafe practice.
- Interim Consent Agreement for Practice Limitation: A non-disciplinary, public, reportable action that limits the practice of a physician suffering from health reasons that has led to unsafe practice.
- Probation to Participate in the PHP: Requires a physician to remain in compliance with PHP monitoring recommendations.
Medical License Administrative Appeal and Hearing
Any licensee may request an appeal of an Arizona Medical Board disciplinary action to an administrative law judge with the Arizona Office of Administrative Hearings (OAH). In some instances, a case is sent automatically to hearing. The administrative hearing is conducted by OAH before an Administrative Law Judge (ALJ). The hearing 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’s attorney can cross examine witnesses and testify on his or her behalf. After the hearing, 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 n individuals feels there has been a mistake they can request a rehearing.
Arizona Physician Law and Disciplinary Actions
Arizona Medical Board disciplinary actions are given to physicians 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. 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 physician formal discipline. Disciplinary actions can include:
- Advisory Letter
- Letter of Reprimand
- Stipulated Rehabilitation Agreement
- Nondisciplinary Order for Continuing Education
Hospital Peer Review Defense
The medical peer review process is designed to protect patients from physicians who may present a danger to patient safety. However, the medical peer review process can often be used as a sham by a hospital for political or financial reasons.
If you have been accused of providing substandard patient care or unprofessional behavior at your hospital, your case will most likely be initiated into the medical peer review process. Do not enter the peer review process alone, take a proactive approach and seek legal counsel. Going through the peer review process unrepresented could leave you with the temporary or permanent revocation of your hospital privileges.
Professional License Attorneys
If you’re interested in setting up a consultation with our Arizona Medical Board Attorney or would like to learn more about our medical license services Chelle Law offers, reach out to us today.