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Do You Have to Respond to an Arizona Board Subpoena?

Does a healthcare provider have to respond to a subpoena from an Arizona licensing board?  In the Arizona revised statute, the Arizona law, healthcare licensing boards absolutely have the authority to request medical records from almost any custodian of those records in Arizona. Who would be the custodian of a medical record? Well, obviously the actual healthcare provider. So, if you’re a physician, nurse practitioner, or whoever, if you have those records in your possession and a board requests them, they have the legal authority to do that, and you would be required to send those records to the board. Now, why would a board want medical records?

What Happens if Someone Doesn’t Comply to a Subpoena?

Well, let’s just take the Arizona Medical Board, for instance. Let’s say a patient files a complaint against a doctor alleging maybe a deviation from the standard of care. The board would then issue a subpoena to the physician asking for the complete medical records of that patient, to investigate whether the standard was deviated from or not. And that physician would then have to comply with the subpoena. Now, what happens if someone says, I’m not going to comply with the subpoena? Well in my experience, and we’ve represented people before Arizona licensing boards for over a decade, for the most part, if someone doesn’t comply with the subpoena request, the board will simply send maybe two or three separate subpoena requests, and then after that, they’ll just drop it and move on with the investigation without those records.

Now, that’s for people that aren’t associated with that board. What I mean by that is, if the medical board sends a subpoena to a hospital or maybe the HR department of a large healthcare network and they don’t respond to the subpoena request from the board, it’s very unlikely the board is going to take any action to compel the production of those documents. However, if they’re sending a subpoena request to an Allopathic physician, so an MD and that board oversees that MD’s license, and that MD refuses to send them a medical record, well that board can then take action against that physician for refusing to comply with the subpoena request.

So, that’s one situation. And the same would go for the other board. If a psychologist has sent a request from the psychology board and they refuse, it could be a problem. If a nurse practitioner refuses subpoena medical records requests from the nursing board, that could be a problem as well. But if you’re a smaller healthcare institution and a board requests medical records and for whatever reason, you don’t want to send them, it’s very unlikely the board will take any action beyond just submitting several requests before they move on. So, that’s why and when you must respond to a subpoena request from a licensing board in Arizona. There are some very specific things that must be followed for a healthcare provider to have to send the records to almost any requesting party.

Should a Healthcare Provider Respond to a Subpoena?

But every licensing board in Arizona is given broad authority to submit requests for medical records. And so, for the most part, the answer will be yes, you must respond to the subpoena with medical records. The only tricky situation is let’s say you’re a nurse practitioner working for a physician’s office and you’re doing primary care, something like that. And then, you leave that employment and move on to your next job. The board may send a request to you for the records, but when you’re an employee and you’ve moved on from an employer, these are not your medical records. It will say in your employment contract, they are the records of the employer, not the nurse practitioner. So, in that scenario, you absolutely need to submit something to the board stating, I am not the custodian of these records. I was an employee at the time of providing care. This is the place for the medical records, either should or could be found. And that way, you won’t get in trouble for ignoring the subpoena. You want to respond to the board in that situation and the board should understand that scenario.

Who Can be Served a Subpoena by an Arizona Licensing Board?

In Arizona, the Arizona Licensing Board has the absolute authority to analyze and investigate various medical claims reported by patients consistently. The Arizona Licensing Board aims to ensure that all the medical professionals operating in the state pay attention to the codes of ethics governing how the industry works.

Usually, a complaint has to be served to the board before it can commence investigations. Also, the board must determine whether it has the necessary jurisdiction to investigate a claim before it can request the required medical records. Suppose the Arizona Licensing Board determines it has the necessary jurisdiction. In that case, it will subpoena all the medical records needed for investigations. Some of the areas where the Arizona Licensing Board has jurisdiction include:

  • Pharmacists
  • Nurses
  • Physicians
  • Psychiatrists
  • Psychologists
  • Behavioral experts

Work with an Experienced Arizona Defense Attorney

Over the years, medical practitioners have been subjected to extreme scrutiny by the Health Professional Regulatory Board (32-3201). Most of them don’t know how they can respond, especially when subjected to medical records requests through subpoenas.

As a physician working in Arizona, you must work with an experienced Arizona defense attorney. It’s the only way you’ll be able to protect your rights and ensure that medical records are not used to subject you and your career to unfair treatment.

At Chelle Law, we have experienced defense attorneys ready to listen to your concerns. 

Call Us Now: 602.344.9865

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If you are in need of assistance or would like to hear more about the services we offer contact Chelle Law today!

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2023-01-31
Everyone was very helpful and professional. Felicia answered all my questions and made the process super easy and stress free.
Gabriela Martinez
Gabriela Martinez
2023-01-29
Definitely recommend! I’m a nurse practitioner and was able to renegotiate my contract with the help of Chelle Law. The outcomes were above expectations.
Linda Price
Linda Price
2023-01-27
I placed my trust in Chelle Law to handle my issue with the State Board of Nursing and they did not disappoint. Service was professional and courteous. I could not have asked for a better outcome. I highly recommend this firm!
Anni R
Anni R
2023-01-25
I had a great experience with Chelle Law. I’m so glad I found them and hired their services. Their communication was on point 👌 they’re very professional, always kept me updated, always returned my calls and emails in a timely manner. They’re compassionate and understanding of every situation. I would 100% use them again and refer them to anyone.
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Chin Kim
2023-01-24
Great hep overall. Fast response and even it was an hour review, the attorney stayed on the phone longer to answer all my questions.
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Amelia
2023-01-20
Booking the consultation was easy and I got all my questions answered! Excellent customer service.
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Steven Yang
2023-01-18
I am a veterinarian about 3 years+ out from school changing jobs for the first time since graduating . The idea of needing to closely review a contract was foreign to me and I honestly had no idea what I would be signing . Luckily I found Chelle law and worked with Erin who put all my worries at ease . She took the time and even went over our scheduled time slot to review / translate every section of my contract and make valuable suggestions that I could bring up to my future employer. Throughout our discussion it was clear to me that Chelle law is very familiar with the intricacies of a veterinary contract and what it typically should entail. I was very pleased with my experience .
Tiffany Efantis
Tiffany Efantis
2023-01-11
I used Chelle law for a non-compete clause review. I was referred to them by a friend. They were helpful, quick, and affordable for what I needed. I will definitely use them again for any employment contract review in the future!
Nicholas Peracchio
Nicholas Peracchio
2022-12-13
Erin was so thorough with my contract I felt extremely confident in my negotiations and ended up getting everything I wanted and more! I can’t recommend her enough. She took her time and made sure I understood everything I was signing and did so with a kind and caring demeanor. Thanks so much Erin!!
Seth Bricel
Seth Bricel
2022-12-13
I needed a lawyer to review my partnership contract and Chelle Law provided a great experience at a fair price. My lawyer thoroughly explained the meaning of the contract in terms I could understand and provided valuable perspective as to which parts were normal and which parts were atypical or in need of modification. Thanks to their help, I've reached a contract that I and my partners are very happy with!

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