Can You Work Nights While on Probation with The Arizona Board of Nursing?

Working Night Times on Probation

No, unless the Board agrees to allow the nurse to work nights for a specific employer. Or if the nurse is granted an amendment after signing a Consent Agreement. 

All licensed nurses on probation via a Consent Agreement with the Arizona Board of Nursing have practice-related requirements. 

The standard Consent Agreement contains the following terms:

• The nurse shall work only the day or evening shift. An evening shift is a shift that ends before midnight.
• Within 14 days, the nurse shall not work more than 84 scheduled hours. The nurse may work three 12-hour shifts in one 7-day period and four 12-hour shifts in the other 7-day period, but the nurse may not work more than three consecutive 12-hour shifts while on probation.
• The nurse shall not work two consecutive 8-hour shifts within 24 hours or be scheduled to work 16 hours within 24 hour-period.

Get Permission to Work Night Times 

Thus, if a nurse on probation with the Arizona Board of Nursing wants to work at night, they must first get permission from the Board.

Arizona State Board on Working Registry While on Probation

So, Can You Work Registry While on Probation with The Arizona Nursing Board?

No, unless the Board agrees to allow the nurse to work the registry for a specific employer. Or if the nurse is granted an amendment after signing a Consent Agreement.

All licensed nurses on probation via a Consent Agreement with the Arizona Board of Nursing have practice-related requirements. The standard Consent Agreement contains the following terms:

• The nurse may not work for a nurse’s registry, home health, traveling nurse agency, any other temporary employing agencies, float pool, or position in which they cannot maintain the supervision requirements.

RN Supervision

Another RN must supervise each nurse on probation. Nurses working registry cannot fulfill the supervision requirements because they must be supervised by the same RN each shift (or another under certain circumstances).

Every Consent Agreement contains one of two supervision requirements:

• Direct Supervision: Another RN must be on the unit with the nurse during the shift.
• On-Site Supervision: Another RN must be in the building with the nurse during the shift.

Arizona Nursing License Probation | Nurse Licensure

A nurse in Arizona receives their probation for a license through a Consent Agreement. 

The Consent Agreement requires the nurse to do certain things (drug testing, work supervision, counseling, continuing education).

Alternatively, refrain from doing things (unsupervised nursing like home health, working under the Nursing Licensure Compact, using alcohol, etc.).

Nurse License Probation can affect the following:

• Registered Nurse (RN)
• Licensed Practical Nurses (LPN)
• Nurse Practitioners (NP)
• Certified Registered Nurse Anesthetists (CRNA)
• Licensed Nursing Assistants (LNA)

AZ Board Licensing Action

Nurses who hold a license or certification in Arizona can face license actions by the AZ State Board of Nursing for any investigatory matters. 

If the AZBN determines formal licensing action is necessary, it will happen after the completion of an investigation. It’s the job of the Board to review any complaint alleging a violation of the Arizona Nurse Practice Act (“NPA”) and Arizona law. Thus, at an Arizona Nursing Board Meeting, the Board will vote to determine the outcome of each investigation. Therefore, one may need a defense attorney.  

The Board can vote on a non-disciplinary outcome or vote to offer the nurse a formal discipline.

Arizona Nursing Board Discipline

When nurse practitioner faces a complaint or investigation by their nursing board, they may also 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.

When Disciplinary Action Can Take Place

Certain allegations can cause a nurse to receive disciplinary action. The Board will discipline a nurse for these allegations:

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

DUI Criminal History

Nurses who contact our office frequently ask our attorneys if state law allows a nursing professional with a DUI legal charge or conviction to get a license with the Arizona State Board of Nursing. 

The short answer is yes. 

An Arizona Nurse DUI will not necessarily prevent a nurse from obtaining a license or a career in the health field. However, the Board (which handles all complaints) has a public policy (updated as of September 2020) on their website which covers the details of what circumstances nursing professionals with a case that resulted in a felony DUI criminal conviction can get a license.

Nursing License Criminal Consequences

This policy does not apply to criminal conduct involving misdemeanor DUI charges or convictions. Once a nursing professional applies for a license to practice with the Arizona State Board of Nursing, they need to disclose any felony DUI criminal court convictions (from previous years) on their application. 

A nurse must report a felony DUI no matter how much time or years have passed since the conviction or case.

The AZ Board may also ask about past DUI misdemeanor criminal charges or cases that resulted in a conviction. The Board does this to ensure a nurse can perform safe patient care and have safe, direct contact with patients or other providers.

Disclosing a Criminal Record for an Applicant

Suppose a nursing license applicant (like an RN) is not required to disclose a legal misdemeanor DUI. In that case, the AZ Board can still initiate an investigation based on a healthcare fingerprint background check.

The Board will then contact the nursing professional and initiate an investigation in their practice utilizing the law of the Arizona Nurse Practice Act (current as of October 2020). 

This license investigation determines whether the nurse is a danger to the public, has any medical or mental health problems, and whether the nurse has been rehabilitated since the criminal misdemeanor DUI or DUI charges occurred.

Simply, the Board wants to know whether the applicant can provide safe nursing care with a past criminal case involving alcohol or substance abuse.

The attorneys at Chelle Law assist nurses with interpreting Board policy (generally on the Board website). Our attorneys help the healthcare workers and nurses with their application to show the Board the nurse professional isn’t a danger to the health, safety, and welfare of the public and can provide safe patient care.

Criminal Record and Convictions

People frequently ask our attorneys whether state law allows a nursing professional with a felony criminal conviction to get a license with the Arizona State Board of Nursing.

The short answer is yes.

An Arizona Felony for nurses will not necessarily prevent a nurse from obtaining a license or a career in the medical field. However, the Board has a public policy on its website covering the details of under what circumstances a nurse (like an RN) can get licensed while having a case that resulted in a criminal conviction.

RN, LPN, LNA, CNA, NP Attorney

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