Arizona Medical Board Criminal Reporting | How to report a charge to the Arizona Medical Board
ARS 32-3208 requires that physician licensees and applicants for a physician license must report misdemeanor criminal charges involving conduct that may affect patient safety or a felony to the Arizona Medical Board within ten working days after the charge is filed. A working day would be considered Monday through Friday.
Failure to report a reportable criminal charge within ten business days violates the Arizona Medical Practice Act and could result in Arizona Medical Board probation.
What Current and Past Crimes Must the Physician Report?
A felony must be reported within 10 days of being charged.
The following types of misdemeanors or other criminal histories are crimes that the Board has determined to be reportable according 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 ten business days violates the Arizona Medical Practice Act. It could result in disciplinary action, resulting in Arizona Medical Board probation.
DUI Criminal History
Physicians who contact our office frequently ask our attorneys if state law allows a physician professional with a DUI crime or conviction to get a license with the Arizona State Medical Board. The short answer is yes.
An Arizona Physician DUI will not necessarily prevent a physician from obtaining a license or a career in the health field. However, the Board (which handles all complaints) has a public policy (updated as of September 2020) on their website which covers the details of what circumstances physician professionals with a case that resulted in a felony DUI criminal conviction can get a license.
Disclosing a Criminal Record for an Arizona Applicant
Suppose a medical license applicant is not required to disclose a legal misdemeanor DUI. In that case, the AZ Board can still initiate an investigation based on healthcare background check results. The Board will then contact the medical professional and initiate an inquiry in their practice utilizing the law of the Arizona Medical Practice Act (current as of October 2020).
This license investigation determines whether the physician is a danger to the public, has any medical or mental health problems, and whether the physician has rehabilitated since the criminal misdemeanor DUI or DUI charges occurred. The Board wants to know whether the applicant can provide safe medical care with a past criminal case involving alcohol or substance abuse.
State Criminal Record and Convictions
Clients frequently ask our attorneys whether state law allows a medical professional with a felony criminal background to get a license with the Arizona Medical Board. The short answer is yes.
An Arizona felony for physicians will not necessarily prevent a physician from obtaining a license or a career in the health field. However, the Board (which handles all complaints) has a public policy (updated as of September 2020) on their website which covers the details of what circumstances physician professionals with a case that resulted in a criminal conviction can get a license.
Criminal Charges for Doctors with the Arizona Board
When a professional applies to the Arizona Medical Board, they must disclose a felony criminal court sentence (and other similar offenses) on their application. A physician must self-report a felony no matter how much time or years have passed since the conviction. After self-reporting occurs, the Board contacts the physician and initiates an investigation utilizing the law of the AZ Medical Practice Act.
The investigation helps to determine whether the medical professional is a danger to the public, has any medical or mental health problems and whether the physician has rehabilitated since the criminal incident occurred. Simply put, the Medical Board wants to know whether the physician applicant can provide safe medical care.
Medical Board Probation Information
When a physician faces Arizona Medical Board Probation, they receive probation through a Consent Agreement.
The Consent Agreement requires the physician to do certain things (drug testing, work supervision, counseling, continuing education).
Alternatively, refrain from doing things (using alcohol, prescribing scheduled drugs, seeing certain patients, etc.). The Arizona Medical Board can place physicians on probation through:
- Stipulated Rehabilitation Agreement
- Interim Practice Restriction
- Decree of Censure with Probation
- Letter of Reprimand with Probation
- Practice Limitation
Physicians who hold a license in Arizona can face disciplinary actions by the Arizona Medical Board for many different reasons. If the Medical 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 Medical Practice Act and Arizona law. Thus, at an Arizona Medical Board Meeting, the Board will vote to determine the outcome of each investigation. Therefore, one may need a defense attorney. The Board can vote on a non-disciplinary outcome or vote to offer the physician a formal discipline.
Consultation with Chelle Law
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.