Arizona Nursing Board Investigation Notice

When a nurse receives a Board of Nursing Investigation Notice it’s important 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 launch an investigation into the problem. This 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 notify the nurse. This notice lets him or her know their case is under investigation. The notice contains facts that have been gathered by the investigator as well as the rules or statutes that were 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.

The Hearing

Any time a nurse receives a complaint and a written notice of such, he or she should never fail to ask for a hearing. At the hearing, the nurse and their attorney can then give their side of the story and avoid or minimize disciplinary action. Investigations can take up to seven months or more. This timeline depends on how serious the allegations are. Cases involving high risk or harm to a patient can be completed in less than a month.

Don’t Take the Complaint and Investigation Too Lightly

Sometimes a nurse may feel the complaint isn’t a big deal. However, no matter if it’s true or not, a nurse’s reputation and entire career can be on the line. In fact, the way in which a nurse responds to a board of nursing investigation notice can have a critical effect on the case and its outcome. If you’re a nurse with a written notice of investigation, you may not know how to respond to it. Understanding why failing to respond may have dire consequences can be critical to the outcome of the case. In the notice, you’ll see a deadline to send in your reply to the allegations in the complaint. If you feel you don’t know how to respond effectively, obtaining an attorney’s help in composing your statement can be crucial. Suffice it to say, if you ignore, delay or dismiss your response to the complaint, this might be a critical mistake.

Don’t Discuss Your Case with Anyone but an Attorney

After receiving a notice of a complaint, you may feel like venting to friends or co-workers. This is a bad idea. In order to avoid damaging your case or worsening things, it’s important to keep matters to yourself. Remember, any of your co-workers or friends you speak with may be witnesses in your case. Also, refer every question you receive to your attorney.

Right to Legal Help

Since the results of a Board of Nursing investigation can potentially ruin your career, it’s wise to seek professional help to protect your license. Having an attorney with experience in defending state licenses means having the help you need to craft a response to a board of nursing investigation and a good defense to prevent you from losing your license. Keep your career on track and exert your rights.

Nursing License Renewal: APRN, RN and LPN

Arizona Nursing License Renewal happens every four years APRN, RN, LPN’s must submit an application to renew their license. The sooner a nurse renews their license the less expensive it is. For example, a nurse who renews their license on time (by April 1) pays a fee of $160 fee. Should they decide to wait on renewing, or if there is a delay, and they renew by May 1 the fee becomes $210. For each month there is a lapse in renewing the license there is an additional late fee of $50. This fee caps out at $200. If the license fails to be renewed by August 1 it will expire.

Arizona State Board Administrative Appeal and Hearing Litigation

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) 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 lawyer can cross-examine witnesses and testify on his or her behalf. After it is completed, the ALJ reviews the transcripts and evidence and makes a recommendation. However, the Board makes the decision to either accept, reject or modify the ALJ’s decision. If an individual feels there has been a mistake, they can request a rehearing.

Responding to State of AZ Complaints and Questions

After receiving a complaint or self-report, a nurse receives an Investigative Questionnaire and a notice from the Board requesting additional information as well as a response to allegations found in the complaint. From here, the AZBON assigns an investigator and they begin to collect evidence. The documents and evidence collected include:

• Patient medical records
• Employment files from the nurses’ 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.)

• (These interviewees can include the patient, nursing director, colleagues, etc.)

State Board Complaint Appeal

Once the AZ Board of Nursing receives all the necessary documents and statements, as well as any evidence, the Board will review the case and vote on a decision. The Board of Nursing members may also choose to close the case or file formal charges. If they file formal charges (for instance, due to the denial of a nurse’s application for licensure), they will refer the investigation to an administrative hearing. This AZ Nursing Board Appeals and hearing is then held in front of an administrative law judge at the AZ Office of Administrative Hearings.

What Does the Arizona State Board of Nursing Do?

The published Mission Statement of the Arizona Board of Nursing states:

“The mission of the Arizona State Board of Nursing is to protect and promote the welfare of the public by ensuring that each person holding a nursing license or certificate is competent to practice safely. The Board fulfills its mission through the regulation of the practice of nursing and the approval of nursing education programs. The mission, derived from the Nurse Practice Act, supersedes the interest of any individual, the nursing profession, or any special interest group.”

Arizona Nursing License Complaint

Who can file a complaint against a nurse? Patients, Health Care Facilities, nurses, and other healthcare professionals, among others, can contact the Board and allege legal violations. When the Arizona State Board of Nursing receives a complaint, the Board initiates an investigation into the complaint (if the Board has jurisdiction and the complaint isn’t dismissed) and a case is opened. After this happens, the nurse receives notice and the AZBN assigns an investigator to the case. Please note that having a lawyer during this step can be crucial and can protect your rights. This is because a nurse must submit a response and interview with the investigator while also possibly appearing at an AZ Board of Nursing Meeting. Our office can assist nurses with interpreting Arizona law.

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.