Arizona Occupational Therapy Board Criminal Reporting: criminal consequences for an occupational therapist with the Arizona Occupational Therapy Board
A.R.S. 32-3208 requires that occupational therapy licensees and applicants for an occupational therapist license must report misdemeanor criminal charges involving conduct that may affect patient safety or a felony to the Arizona Occupational Therapy Board within 10 working days after the charge is filed. A working day would be considered Monday through Friday.
Failure to report a reportable criminal charge within 10 business days is a violation of the Arizona Medical Practice Act and could result in Arizona Occupational Therapy Board Probation.
What Current and Past Crimes Must an Occupational Therapist Report to the State Board?
A felony must be reported within 10 days of being charged. The following types of misdemeanor or other criminal histories are crimes that have been determined by the Board to be reportable pursuant 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
Failure to report a reportable criminal charge within 10 business days is a violation of the Arizona Medical Practice Act and could result in disciplinary action which could result in Arizona Occupational Therapy Board Probation.
DUI Effects on a License
Occupational Therapists who contact our office frequently ask our attorney’s if state law allows an occupational therapy professional with a DUI crime or conviction to get a license with the Arizona State Occupational Therapy Board? The short answer is yes. An Arizona Occupational Therapist DUI will not necessarily prevent an occupational therapist 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 occupational therapy professionals with a case that resulted in a felony DUI criminal conviction can get a license.
Disclosing a Record for an Applicant
If a medical license applicant is not required to disclose a legal misdemeanor DUI, the AZ Board can still initiate an investigation based upon the results of a health care fingerprint background check. The Board will then contact the medical professional and initiate an investigation in their practice utilizing the law of the Arizona Medical Practice Act (current as of October 2020). This license investigation determines whether the occupational therapist is a danger to the public, has any medical or mental health problems and whether the occupational therapist has rehabilitated in the time since the criminal misdemeanor DUI or DUI charges occurred. Simply, the Board wants to know whether the applicant can provide safe medical care with a past criminal case involving alcohol or substance abuse.
Occupational Therapy Record and Convictions
One question our attorneys are frequently asked is whether state law allows a medical professional with a felony criminal background or an arrest to get a license with the Arizona Occupational Therapy Board? The short answer is, yes. An Arizona Felony for occupational therapists will not necessarily prevent an occupational therapist from obtaining a license or a career in the medical field. However, the Board has a public policy on their website which covers the details of under what circumstances an occupational therapist with a case that resulted in criminal records can get a license.
Criminal Charges and Behavior Analyst Rules with the Arizona Board
When a professional applies to the Arizona’s Occupational Therapy Board, they must disclose a felony criminal court sentence (and other similar offenses) on their application. An occupational therapist must self report a felony no matter how much time or how many years have passed since the conviction. After self-reporting occurs, the Board contacts the occupational therapist and initiates an investigation utilizing the law of the AZ Medical Practice Act. The investigation helps to determine whether the medical professional is a danger to the public, has any medical or mental health problems and whether the occupational therapist has rehabilitated in the time since the criminal incident occurred. Simply put, Occupational Therapy Boards want to know whether the occupational therapy applicant can provide safe medical care.
Occupational Therapy Board Probation Information
When an occupational therapist faces Arizona Occupational Therapy Board Probation the probation is offered through a Consent Agreement. The Consent Agreement requires the occupational therapist to do certain things (drug testing, work supervision, counseling, continuing education). Or alternatively, refrain from doing things (using alcohol, prescribing schedule drugs, seeing certain patients, etc.). The Arizona Occupational Therapy Board can place occupational therapists on probation through:
- Stipulated Rehabilitation Agreement
- Interim Practice Restriction
- Decree of Censure with Probation
- Letter of Reprimand with Probation
- Practice Limitation
Occupational therapists who hold a license in Arizona can face disciplinary actions by the Arizona Occupational Therapy Board for many different reasons. If the Occupational Therapy Board determines notification of 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 Medical Practice Act and Arizona law. Thus, at an Arizona Occupational Therapy Board Meeting, the Board will vote to determine the outcome of each investigation, thus, a defense attorney may be needed. The Board can vote on a non-disciplinary outcome or vote to offer the accountant formal discipline.
Arizona Board Attorney
If you’re interested in learning more about our Arizona Occupational Therapy Board Attorney services and how to protect your license, set up a consultation with Chelle Law today.