Arizona Nursing Board Appeals

It’s always disappointing when a nurse receives an unfavorable decision from the Arizona Board of Nursing (AZBON). However, nurses in Arizona can benefit from understanding the process that goes along with Arizona Board of Nursing appeals and hearings after an Arizona Nursing Board Complaint is heard. If you are facing an unfavorable AZBON outcome due to an Arizona Board of Nursing disciplinary action, you can always appeal the decision (for instance after lpn discipline).

CLICK HERE FOR ARIZONA NURSING BOARD ATTORNEY REPRESENTATION

Helpful Resources:

• 2 Ways to Overcome a Summary Suspension
• 3 Ways the Board Can Suspend Your License
• Arizona Nursing Board Hearing
• Arizona Nursing License Suspension
• Can a Nurse Continue to Work if Suspended?
• How a Practice Restriction Could Cost a Nurse Practitioner Their DEA Registration
• Will a Nurse Be Placed on the OIG List after a Voluntarily Surrender?

Filing an Appeal after a Nursing Board Meeting

The investigatory process and the appeal process work like this: The AZBON receives a complaint or initiates an investigation into the conduct of the nurse (like a ucna, lna, cna).  Once the board receives a complaint or self-report they will then initiate an investigation (like if a patient in Phoenix files information putting a nurse certificate at risk). The purpose of this investigation is to give the AZBON evidence to make a decision on whether or not a nurse should face disciplinary action (for instance, due to reporting a misdemeanor charge or conviction). If the nurse 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 nurse 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 professional nurse licensee may request a legal appeal of Arizona Nursing 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 nurse’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.

AZ Nurse Practice Disciplinary Actions

Nurses who hold a license or certification in Arizona can face disciplinary actions by the AZ Board of Nursing.  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 the Arizona Nurse Practice Act and Arizona law.  Thus, at an Arizona Nursing Board Meeting the Board will vote to determine the outcome of each investigation, thus, a defense attorney may be needed.  The Board can vote on a non-disciplinary outcome or vote to offer the nurse formal discipline.

LNA and CNA Attorney

For individuals who wish to file an appeal it is crucial to retain qualified legal counsel to represent you. Having an attorney with experience working on your behalf means having the help you need to draft an appeal. It also means having an attorney on your side that will help to ensure all avenues of defense are explored. Having a complaint against you or working with a Board of Nursing Investigator is challenging enough. Our attorney’s to help you to protect your professional license and  maneuver these complex legal proceedings.

If you’re a nurse and have questions about how Arizona Board of Nursing appeals and hearings work or if would like to set up a consultation with Chelle Law, contact us today.

Nurses contact our office and frequently ask our attorneys, does state law allow the Arizona State Board of Nursing to suspend a nurse’s license? The short answer is yes. The Board can issue a license suspension based upon ARS 41-1092.11. That statute states nurses can be suspended (and ultimately have their license revoked):

“B. Revocation, suspension, annulment or withdrawal of any license is not lawful unless, before the action, the agency provides the licensee with notice and an opportunity for a hearing in accordance with this article. If the agency finds that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, the agency may order summary suspension of a license pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.”

So, in short, yes. The Arizona Board of Nursing has the power to suspend your license if it determines you are an immediate threat to the health, safety and welfare of the public. Some usual reasons for a nursing license suspension include:

• Diverting narcotics.
• Healthcare problems.
• Criminal issues (felony, misdemeanor).
• Past disciplinary issues.
• Substance abuse (alcohol, prescription medications, illegal drugs).
• Sexual misconduct.
• Mental health disorders necessitating immediate action.

Arizona State Board of Nursing Non Disciplinary Practice 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 Nurse Practice Act.  This outcome is not available to the public.
• LETTER OF CONCERN: A letter from the Bd expressing concern that the nurse’s conduct was not ideal; however, the conduct does not necessarily violate the Nurse Practice Act or Bd policy and no further contact is needed.  This will likely not effect future licensure or if the nurse wishes further their education in an advanced program. This is not shown on license verification.
• ADMINISTRATIVE PENALTY: The AZ State Bd of Nursing may impose an administrative penalty of not more than one thousand dollars with verified complaints.  They may impose the penalty for any of the following (this is not an all inclusive list):

1. Failing to timely renew a nursing license while continuing to practice nursing services.
2. Failing to contact the board in writing within thirty days after a change in address.

Arizona Board of Nursing Unprofessional Conduct

• REVOCATION: If the Board revokes a nurse’s license the nurse will be unable to practice or get licensed again for a minimum of five years. After the five year period license revocation the nurse will need to reapply for their license. If the nurse 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 nurse 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 nurse can reapply. This is usually between two to three years.
• SUSPENSION: A suspension stops the nurse from practicing as a nurse. 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 nurse do certain things (drug testing, work supervision, counseling, continuing education).  Alternatively, they may need to refrain from doing things (unsupervised nursing like home health, working under the nursing licensure compact, using alcohol, etc.) A request for a removal of probation will be needed.
• DECREE OF CENSURE: A decree of censure is the lowest level of formal discipline against a license or certificate. There are no probationary requirements. However, the action is on the website for five years for the public to inspect. A document removal will occur five years after signed.
• CIVIL PENALTY: This is similar to a Decree of Censure, however the nurse can face fines (up to $1000 per violation).  Like the degree of censure, a Civil Penalty is on the website for a period of five years.

AZ Suspended or Revoked License

A misdemeanor criminal charge would likely not reach the threshold needed for the Bd to initiate a summary suspension (such as a misdemeanor DUI or Disorderly Conduct charge).

Contact an Arizona Nursing Board Attorney at Chelle Law to get help with Arizona Board of Nursing Appeal issues.