Arizona Nursing Board Discipline | Disciplinary Board

When a nurse faces a complaint or investigation by their nursing board, they may face the Arizona Board of Nursing disciplinary actions. Facing disciplinary action can have vast repercussions on a nursing career. 

It can include license probation, suspension, or revocation. It can also jeopardize employment. A nurse under investigation can face termination at their current job after receiving a complaint or after the Board initiates an investigation.

CLICK HERE FOR ARIZONA NURSING BOARD ATTORNEY REPRESENTATION

Helpful Resources:

• Administrative Violations
• Arizona Nursing Regulatory Journal Disciplinary Action
• Can Past Discipline be Removed from NURSYS?
• Can You be a Nurse with a Misdemeanor?
• Is a Decree of Censure Public?
• Is a Letter of Concern Public?
• Title Restrictions
• When is Discipline Removed from the NPDB?
• Who Does the Board Regulate?
• Why a Nurse Should Not Voluntarily Surrender

When Disciplinary Action Can Take Place

Specific allegations can cause a nurse to receive disciplinary action. These include:

• Improper record keeping
• Reporting false information
• Negligence
• Physical abuse of patients
• Sexual abuse of patients
• Criminal convictions
• Substance Abuse
• Disruptive Conduct

AZ Nurses Complaint

Any discipline a nurse receives from the Arizona Board of Nursing depends upon the violation. There’s a whole range of disciplines that can occur. Not only can a license be revoked, but there can also be a denial of certification or licensure. There can also be civil penalties. Sometimes the board requires a voluntary surrender of the license or a probation period.

Published Discipline Report (RN, LPN, LNA, NP)

The Arizona Board of Nursing publishes a report every time a disciplinary action takes place. It happens with any RN as well as LPNs and CNAs. It also includes applicants denied their certification or licensure. 

This report goes into the Arizona State Board of Nursing Quarterly Journal. The details of the report include the following:

• Date of disciplinary action
• Nurse’s name
• Certificate number
• Discipline taken
• Nature of the violation

It is of concern to any nursing professional to have this detailed listing anyone can see.

Avoiding Unprofessional Conduct

When a nurse would like to prevent the Journal from publishing their name, they have a couple of options. 

The first one would be not to commit a violation in the first place. Being aware of the consequences can go a long way to preventing someone from doing something they will regret. 

The second option is to avoid disciplinary action once the Board of Nursing has started investigating. The investigation begins once a complaint is received or the Board has received information regarding a possible violation. The nurse will then get notice of action and needs to respond to this, usually within 30 days.

Nurses can often fall victim to unfounded reports, complaints, accusations, or disciplinary issues. Every nurse professional needs to be aware of the availability of legal representation. Many nurses wait too long to retain an attorney. The best time to get legal help is before responding to the Board of Nursing inquiry. 

When deciding to represent yourself in the case, you must be familiar with all the regulations and administrative procedures you must follow. It can be complex. To successfully navigate the issues and present the best defense, the nurse must get legal representation. Prevent an unfavorable ruling that can have a lasting impact on your professional career.

Criminal Considerations

AZ Nursing Board Criminal History is an important consideration. The nurse must report a felony within ten days of being charged. 

The following types of misdemeanors or other criminal offenses/charges are crimes that the Board has determined to be reportable according to A.RS § 32-3208: 

• Assault and Related Offenses
• Theft and Related Offenses
• Fraud, Deceit, and Related Offenses
• Abuse, Neglect, Exploitation of a Child or Vulnerable Adult, and Related Offenses
• Sexual and Related Offenses
• Drug and/or Alcohol Related Offenses
• Arson and Related Offenses
• Animal Abuse, Cruelty, and Related Offenses

Nurse Administrative Appeal and Hearing

Any professional nursing licensee may request the AZ Nursing Board Appeals legal appeal of board discipline to an Administrative Law Jjudge with the AZ 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 attorney can cross-examine witnesses and testify on 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.

Contact an Attorney

Contact us at Chelle Law to schedule an appointment or learn more about how attorney’s can assist you with discipline action. Learn more about the Arizona Board of Nursing’s definition of discipline for nurses.