Arizona Medical Board Complaint Lawyer: Our Arizona Attorney Provides License Defense

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 a lawyer during this step can be crucial for physicians as they must submit a response, interview with the Arizona investigator while also possibly appearing at a Arizona Medical Board to address the Board complaints.

Responding to Arizona 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 Arizona 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.)
• Medical license information from other states

Appeals of Board Decisions after a Complaint

It’s always disappointing when a physician receives an unfavorable decision from the Arizona Medical Board. However, physicians in Arizona can benefit from understanding the process that goes along with Arizona Medical Board Appeals and hearings after medical board complaints are heard. If you are facing an unfavorable AMB outcome due to an Arizona regulatory board disciplinary action, you can always appeal the decision.

Filing an Appeal after a Board Meeting

The investigatory process and the appeal process work like this: The Arizona State Board 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 medical board Arizona hearing. However, sometimes the investigation is automatically sent to hearing or an informal settlement conference can be held.

Physician 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 lawyer 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.

AMB Non Disciplinary Actions

• CASE DISMISSAL:  The Board may dismiss a complaint if they determine the information indicates there was not a violation of the rules of the Arizona physician Practice Act.  This outcome is not available to the public.
• ADVISORY LETTER: A letter from the Board expressing concern that the physician’s conduct was not ideal; however, the conduct does not necessarily violate the Medical Practice Act or Board policy and no further contact is needed.  This will not effect future licensure or if the physician wishes further their education. This is not shown on license verification.
• NON-DISCIPLINARY ORDER FOR CONTINUING EDUCATION: An order that dictates the Arizona physician must complete a number of hours of continuing education for specific topics.

Arizona Medical Board Unprofessional Conduct

• REVOCATION: If the Board revokes a physician’s license the physician will be unable to practice medicine or get licensed again for a minimum of five years. After the five year period license revocation the physician will need to reapply for their license. If the physician reapplies for licensure they must demonstrate the grounds for revocation (substance abuse, mental health problems, criminal convictions) has been rectified through an applicable program. This is a public document.
• VOLUNTARY SURRENDER: The physician voluntarily gives up their license. The benefit of this voluntary consent is that the Board is usually willing to reduce the amount of time until a physician can reapply. This is usually between two to three years.
• SUSPENSION: A suspension stops the physician from practicing. It prohibits any patient contact or services for a period of time until the Board lifts the suspension.
• PROBATION: The Board offers probation through a consent agreement. The consent agreement requires the physician do certain things (drug testing, work supervision, counseling, continuing education).  Alternatively, they may need to refrain from doing things (unsupervised Medical like home health, working under the Medical licensure compact, using alcohol, etc.) A request for a removal of probation will be needed.
• LETTER OF REPRIMAND: A letter of reprimand is the lowest level of formal discipline against a license or certificate. There are no probationary requirements. However, the action is on the Arizona website for five years for the public to inspect. A document removal will occur five years after signed.
• STIPULATED REHABILITATION AGREEMENT: An Agreement that dictates the physician must be monitored and complete rehabilitation. For instance, a physician found to have a substance abuse problem would be subject to drug testing, group or individual therapy, practice restrictions and supervision.

Professional License Attorney

If you’re interested in learning more about our Arizona Medical Board Attorney services and how to protect your Arizona license, set up a consultation with Chelle Law today.