Arizona Medical Board Complaint Lawyer
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.
Responding to Practice Complaints and Investigations
After receiving an Arizona Medical Board Complaint or self-report, a physician receives a notice from the Board requesting additional information as well as a response to allegations found in the complaint. From here, the Medical 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 physician’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 Board Decisions
It’s always disappointing when a physician receives an unfavorable decision from the Arizona Medical Board (“AMB“). However, physicians in Arizona can benefit from understanding the process that goes along with Arizona Medical Board Appeals and hearings after an Arizona Medical Board Complaint is heard. If you are facing an unfavorable AMB outcome due to an Arizona Medical Board disciplinary action, you can always appeal the decision.
Filing an Appeal after a Nursing Board Meeting
The investigatory process and the appeal process work like this: The AMB receives a complaint or initiates an investigation into the conduct of the physician. Once the board receives a complaint or self-report they will then initiate an investigation. The purpose of this investigation is to give the AMB evidence to make a decision on whether or not a physician should face disciplinary action. If the physician 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 may need to attend a hearing. However, sometimes the investigation is automatically sent to hearing or an informal settlement conference can be held.
Nursing Administrative Appeal and Hearing
Any physician licensee may request a legal appeal of Arizona Medical 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’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.
If you’re interested in learning more about our Arizona Medical Board Attorney services and how to protect your license, set up a consultation with Chelle Law today.