• Facebook
  • Youtube
  • Instagram
  • LinkedIn
Call us now: (602) 344 9865
Chelle Law
  • Home
  • Arizona
  • Arizona Nursing Board Attorney (Nursing Lawyer)
    • Complaints
      • Investigations
      • Investigation Notice
      • Do They Investigate Every Complaint?
      • How Long Does an Investigation Last?
      • Can a Nurse Continue to Work While Under Investigation?
      • Will Having an Attorney Make You Look Guilty?
      • License Renewal
      • What Does the Board Do?
      • Nurse License Compact
      • How Do I Report a Nurse For Unprofessional Behavior?
    • Disciplinary Actions
      • Can Past Discipline be Removed from Nursys?
      • Administrative Violations
      • When is Discipline Removed From the NPDB?
      • Is a Decree of Censure Public?
      • Is a Letter of Concern Public?
      • Why a Nurse Should Not Voluntarily Surrender
      • Arizona Nursing Regulatory Journal Disciplinary Action
      • Title Restrictions
      • Who Does the Board Regulate?
      • Can You be a Nurse with a Misdemeanor?
    • Criminal History and Reporting Requirements
      • Problems with a DUI
      • Felony Issues
      • Fingerprint Clearance Cards
      • Misdemeanor Issues
      • Undesignated Felony Problems
      • What Crimes Should a Nurse Report?
      • How Long Does a Nurse Have to Report a Criminal Charge?
      • Can a Felon Become a Nurse?
      • What Would a Nurse be Subject to if Recently Convicted of a Felony? | Criminal Convictions
      • What Shows up on a Background Check for Nursing School?
    • Appeals and Hearings
      • How a Practice Restriction Could Cost a Nurse Practitioner Their DEA Registration
      • 2 Ways to Overcome a Summary Suspension
      • 3 ways the Board can Suspend Your License
      • Will a Nurse Be Placed on The OIG List After a Voluntarily Surrender?
      • Board Hearing
      • License Suspension
      • Can a Nurse Continue to Work if Suspended?
    • License Probation Terms
      • Will Your Boss Know If You Are on Probation?
      • Can You Work Registry While on Probation?
      • Can You Work Nights While on Probation?
      • Can Probation Require Drug Testing?
      • How Do I Keep My Nursing License Active When Not Working in Arizona? | Nurse License Renewal
      • What Does it Mean When a Nurse is on Probation?
  • Attorneys
  • Results
  • Contact Us
  • Search
  • Menu Menu
Arizona Nursing Board - 2 Ways to Overcome a Summary Suspension with the Arizona Nursing Board - Header

2 Ways to Overcome a Summary Suspension with the Arizona Nursing Board

Examples of Summary Suspension

If the Arizona Board of Nursing believes a nurse cannot practice safely, they can initiate a summary suspension.

The legal standard in Arizona is that public health, safety, or welfare imperatively requires emergency action necessitating the immediate suspension of a nurse’s license.

Examples of actions that can lead to a summary suspension:

  • Substance Abuse
  • Sexual Misconduct
  • Mental Health Concerns
  • Refusal to Follow Board Order

Arizona Nursing Board Summary Suspension Meeting

The Board will oversee the summary suspension proceeding and vote on whether to suspend the nurse’s license.

Two ways to avoid the summary suspension include:

  1. Consent Agreement: Agree to and sign a Consent Agreement before the Summary Suspension proceeding. If the nurse can agree to a Consent Agreement without suspension, the Board will likely accept the signed Consent Agreement. 
  2. Convince the Board: The nurse (or their attorney) would attempt to convince the Board that the legal standard is not met and a summary suspension is unnecessary.  

Nursing Board License Suspension

There are three ways the Arizona Nursing Board can Suspend Your License. The Arizona State Board of Nursing (“Board”) protects the medical welfare of the people of Arizona. They do this by ensuring each professional who holds a license as a nurse in Arizona can practice safely.

The Board can suspend a nurse’s license in a number of different ways.

  1. Summary Suspension:  A summary suspension can occur when the Board believes that public health, safety, or welfare imperatively requires emergency action necessitating the immediate suspension of a nurse’s license.
  2. ATD Discharge:  The Alternative to Discipline program is a non-disciplinary, confidential monitoring program for nurses with substance abuse, mental health, or physical problems. A nurse who violates their ATD Agreement can have their license suspended immediately.
  3. Automatic Suspension from Probation Violation:  If a nurse is currently completing a Stayed Suspension Consent Agreement, the board can automatically suspend their license for violation of the terms of the Consent Agreement. 

Suspended Nurse Work Implications

If the Board suspends a nurse’s license, the nurse must immediately cease providing care as a nurse. 

If you’re interested in learning more about our Arizona Nursing Board Appeals services and how to protect your rights, set up a consultation with Chelle Law and our Arizona Nursing Attorney. Reach out to us today.

How a Practice Restriction Could Cost an Arizona Nurse Practitioner Their DEA Registration

Suppose the Arizona Board of Nursing has placed an Arizona nurse practitioner on probation. In that case, the probation can sometimes include a practice restriction that limits or completely stops the nurse practitioner from prescribing controlled substances for a period. 

These restrictions are generally reported to the Drug Enforcement Administration (“DEA”).

The DEA may deny, suspend or revoke a practitioner’s DEA registration for the following reasons:

  • Falsified DEA Registration Application
  • A state license has been placed on probation, suspended, revoked, or denied
  • Excluded from participation in Medicare or Medicaid programs
  • Convicted of a felony related to a controlled substance
  • Committed an act that is inconsistent with the public interest

Automatic Suspension from Probation Violation

 If a nurse is currently completing a Stayed Suspension Consent Agreement, the board can automatically suspend their license for violation of the terms of the Consent Agreement.

Filing an Appeal after a Nursing Board Meeting

The investigatory process and the appeal process for an Arizona Nursing Board Hearing work like this: 

The AZBON receives a complaint or investigates the nurse’s conduct (like a UCNA, LNA, or CNA). Once the Board receives a complaint or self-report, they will initiate an investigation (like if a patient in Phoenix files information, putting a nurse certificate at risk). 

This investigation aims to give the AZBON evidence to decide whether 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 oversee the appeal, and the nurse may need to attend a hearing.

However, sometimes the investigation is automatically sent to a hearing, or an informal settlement conference can be held.

Nursing Administrative Appeal and Hearing

Any professional nurse licensee may request a legal appeal of an Arizona State Board f Nursing disciplinary action to an administrative law judge with the Arizona Office of Administrative Hearings (OAH), located in Phoenix. In some instances, a case is sent automatically to OAH. The OAH conducts the hearing 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 lawyer can cross-examine witnesses and testify on his or their behalf. 

After completing it, 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.

Arizona Nursing Board Investigations | Complaints Against a Nurse

After receiving a complaint or self-report, a nurse gets an Investigative Questionnaire and a notice from the Board requesting additional information and a response to allegations found in the complaint. From here, the Arizona Board of Nursing (AZBON) 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 nurse’s employer and business
  • Criminal records
  • Interviews of people associated with the Board Complaint or nursing program. (These interviewees can include the patient, nursing director, colleagues, etc.)

Arizona State Board of Nursing Investigation Notice

When a nurse receives a Board of Nursing Investigation Notice, it’s crucial for them to understand the process and how an attorney can help.

When the Board of Nursing receives a complaint against a nurse, they will investigate the problem. It allows them to fully determine whether or not they need to discipline the practicing nurse. Depending on the results of the investigation, the Board can suspend, limit or revoke the nurse’s license or certificate.

Formal Written Notice

After receiving a complaint, the Board of Nursing will send a formal written notice to the nurse, also known as an Arizona Nursing Board Investigation Notice. This notice lets them know their case is under investigation. The notice contains facts gathered by the investigator and the rules or statutes that the nurse possibly violated.

The Board wants the nurse to explain why the Board shouldn’t take disciplinary action. After receiving their notice, the nurse should request a hearing within 30 days.

Will Your Boss Know If You Are on Probation With the Arizona Nursing Board?

Employees

Yes, any probation (via a Consent Agreement) from the Arizona Nursing Board requires that your employer knows the terms of your probation.

Any Arizona nurse on probation must provide a copy of the entire Consent Agreement and Order on or before the hire date. If the nurse is currently employed when signing the Consent Agreement, they must provide a copy within three days from the order’s effective date.

Letter to the Arizona Nursing Board

If currently employed, the nurse shall cause their immediate supervisor to inform the Board in writing and on employer letterhead, acknowledgment of the supervisor’s receipt of a copy of the Consent Agreement and the employer’s ability to comply with the conditions of probation.

Consultation with Chelle Law

If you’re interested in learning more about our Arizona Nursing Board Complaint services and how to protect your rights, set up a consultation with Chelle Law and our Arizona Nursing Attorney. Reach out to us today.

Call Us Now: 602.344.9865

Contact Us

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

Links of Interest

  • Home
  • Arizona Nursing Board Attorney (Nursing Lawyer)
    • Appeals
    • Complaint
    • Criminal History
    • Discipline
    • License Probation

Call Us Today!

602.344.9865

Hours/Office

Monday-Friday: 8:00am-5:00pm (MST/MDT)

Chelle Law 5425 E. Bell Rd, Ste 107

Scottsdale, AZ 85254

Contact Us Today!

5425 E. Bell Rd, Ste 107, Scottsdale, AZ 85254

info@chellelaw.com

Practice Areas

  • Professional Licensing Board Defense
  • Medical Contract Lawyer
  • Administrative Appeals & Hearings
  • Medical Contract Drafting
  • Fingerprint Card Attorney

Office Locations

  • Arizona
  • Indiana

Company

  • Robert S. Chelle, Esq. Founder & CEO
  • Sara Stark, Esq. Attorney
  • Renee Osipov, Esq. Attorney
  • Erin Howlett, Esq. Attorney

Resources

  • Blog
  • Contact Us
  • Sitemap

Follow Us

© 2022 Chelle Law. All rights reserved.  Disclaimer & Terms of Use.  Privacy Policy.

Scroll to top

How Much PTO Should a Physician Get Download



How Much PTO Should a Physician Get?

4 Factors to Consider with PTO

How Much Does Tail Insurance Cost Download

How Much Does Tail Insurance Cost for a Physician?

4 Key Aspects of Tail Insurance for Physicians

Physician Contract Review Checklist

Where Should We Send the Physician Contract Checklist?

28 Essential Physician Contract Terms to Put You in a Positive Financial Situation for Years to Come.