Arizona Medical Board Probation Attorney | Lawyers for Arizona Medical Board Probation issues

Physicians in Arizona receive probation from the Arizona Medical Board (AMB) against their licenses 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

Probation for a Medical Professional

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.

Attorneys for Practice Complaints for Medical Professionals

After receiving an Arizona Medical Board Complaint or self-report, a physician gets a notice from the Board requesting additional information and 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 include the following:

• 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.)

Arizona Medical Board Disciplinary Action

When a physician in Arizona faces a complaint or investigation by their medical board, they may also face Arizona Medical Board Disciplinary Actions. 

Facing disciplinary action can have vast repercussions on a medical career. It can include license probation, suspension, or revocation. It can also jeopardize employment.  A physician under investigation can face termination at their current job after receiving a complaint or after the Board initiates an investigation.

Specific allegations can cause a physician 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
• Judicial or Court Proceedings

Arizona Medical Board Non Disciplinary Actions

• CASE DISMISSAL: The Arizona 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 behavior does not necessarily violate the Medical Practice Act or Board policy, and no further contact is needed. It will not affect future licensure or if the physician wishes further their education. The license verification does not show this.
• NON-DISCIPLINARY ORDER FOR CONTINUING EDUCATION: An order that dictates the physician must complete a number of hours of continuing medical education for specific topics.

Arizona MD Unprofessional Conduct

• REVOCATION: If the Board revokes a physician’s license, the physician will be unable to practice or get licensed again for a minimum of five years. After the five-year license revocation period, the physician will need to reapply for their license. If the physician reapplies for licensure, they must demonstrate that they have rectified what would be grounds for revocation (substance abuse, mental health problems, criminal convictions) through an applicable program. It 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 time until a physician can reapply. It is generally between two to three years.
• SUSPENSION: A suspension stops the physician from practicing. It prohibits any patient contact or services for a while 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.) The physician will need a request for the removal of probation.
• LETTER OF REPRIMAND: A letter of reprimand is the lowest formal discipline against a respondent. There are no probationary requirements. However, the action will be on the website for five years for the public to inspect. A document removal will occur five years after signing. It is similar to a civil penalty with other boards.
• STIPULATED REHABILITATION AGREEMENT: Similar to an interim practice restriction, this Agreement dictates that the physician must be monitored and complete rehabilitation. For instance, a physician with a substance abuse problem would be subject to drug testing, group or individual therapy, practice restrictions, and supervision, and their license to practice medicine would be affected.

Physician Law and Disciplinary Actions

Arizona physicians with a license or certification are the ones who receive Arizona Medical Board disciplinary actions. 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 Arizona State 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 a formal discipline. 

Disciplinary actions can include:

• Dismissal
• Advisory Letter
• Letter of Reprimand
• Stipulated Rehabilitation Agreement
• Probation
• Nondisciplinary Order for Continuing Education
• Suspension
• Revocation

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 a hearing. OAH conducts the administrative hearing 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 their behalf. 

After the hearing, the ALJ reviews the transcripts and evidence and makes a recommendation. However, the Board decides to accept, reject or modify the ALJ’s decision. If an individual feels there has been a mistake, they can request a rehearing.

Consultation with Chelle Law For Medical License Defense

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 the licensed defense attorneys with Chelle Law today.