3 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.
- Summary Suspension: A summary suspension can occur when the Board believes that the public health, safety or welfare imperatively requires emergency action necessitating the immediate suspension of a nurse’s license.
- 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.
- Automatic Suspension from Probation Violation: If a nurse is currently completing a Stayed Suspension Consent Agreement their license can be automatically suspended for violation of the terms of the Consent Agreement.
Suspension Work Implications
If the Board suspends a nurse’s license; the nurse must immediately cease providing care as nurse.
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 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 an Arizona State Board of Nursing disciplinary action 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.
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.