Why an Arizona Nurse Should Not Voluntarily Surrender

Why an Arizona nurse should not voluntarily surrender? A voluntary surrender will place a permanent mark on a nurse’s record; thus a nurse must make absolutely certain they are making an informed decision.

What is A Voluntary Surrender?

Voluntary surrender is when a licensee chooses voluntarily to surrender a professional license or voluntarily agrees not to renew one’s license, usually to resolve an outstanding complaint instead of going through the investigatory process that could lead to discipline, suspension, or revocation.

A voluntary surrender is considered formal discipline.  Any formal disciplinary action from the Arizona Nursing Board is reported to NURSYS and the National Practitioner Database.

What is NURSYS?

NURSYS is a comprehensive national database that enables nurses to gain access to information about their practice privileges and the state board they are registered with. Employers can use this service as well because it helps them verify whether someone meets necessary requirements on licensing, discipline history, and past employment records all from one source.

Under current Arizona law, once a disciplinary action is reported to NURSYS from the Arizona Nursing Board it can never be removed.  Disciplinary actions used to be removed from the Board’s website after 5 years; however, that policy has changed now that the Board no longer hosts its own license verification.

Administrative Penalty by the Arizona Board of Nursing

In Arizona law, nurses can receive an administrative penalty by the Arizona Board of Nursing for a few reasons. These Arizona Nursing Board Administrative Violations include:

• The failure to renew a nursing license or nurse assistant certificate. Nurses must renew their licenses in a timely manner while continuing to practice nursing or face consequences.
• Failing to notify the Arizona Board of Nursing in writing within thirty days after a change in address.

Penalties in Connection to Administrative Violations

When a nurse receives a fine from the Arizona Board of Nursing it can be as much as $1,000.00. The amount the Board can impose upon a nurse depends on the violation. For example, if a nurse fails to notify the Board of a change in address the nurse will most likely get a warning or a small fine. Another example is when a nurse is practicing without a license but hasn’t intended to deceive the Board of Nursing by failing to renew. In this instance, there are specific fines. RNs and LPNs have fines ranging from $100 to $500, while a Certified Nursing Assistant, can see fines ranging from $25 to $75.

It is important to note when there has been a violation, the Board of Nursing will refer the employer of the violating nurse to the Arizona Department of Health Services (DHS). This generally happens when the nurse fails to renew for two months or more. After being referred to the DHS, the employer can also sanction the nurse if they so choose.

Arizona Nursing Board Discipline

When a nurse is facing a complaint or investigation by their nursing board, he or she may also face the Arizona Board of Nursing disciplinary actions. Facing disciplinary action can have vast repercussions on a nursing career. This 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.

Allegations that Could Lead To Disciplinary Action

There are certain allegations that 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 form of discipline a nurse receives from the Arizona Board of Nursing depends upon the violation. In fact, 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 license or a probation period.

Arizona Nursing Regulatory Journal Disciplinary Action

The Arizona Board of Nursing publishes a report detailing Arizona Nursing Regulatory Journal Disciplinary Action of all disciplinary action regarding licensed nursing assistants (LNA), registered nurses (RN), licensed practical nurses (LPN), and Nurse Practitioners in the Arizona State Board of Nursing Quarterly Regulatory Journal (Journal). The Report not only lists currently licensed or certified nurses, but any applicants or re-applicants that have been denied certification or licensure.  The Report lists in detail the:

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

Using a Nursing Title

In Arizona, there are laws that regulate who can use certain nursing titles in the state. These Arizona Nursing Title Restrictions restrictions must be followed exactly. If they’re not they can lead to serious consequences with the Arizona Board of Nursing. Any individual who uses a title they have not legally obtained can find themselves facing disciplinary actions. People who use a title of a license or have had their license revoked also fall under this category.

Consultation with Chelle Law

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