Arizona Occupational Therapy Board Criminal Reporting: criminal consequences for an occupational therapist with the ArizonaOccupational Therapy Board
A.R.S. 32-3208 requires thatoccupational therapy licensees and applicants for anoccupational therapist license must report misdemeanor criminal charges involving conduct that may affect patient safety or a felony to the ArizonaOccupational 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 ArizonaMedical Practice Act and could result in ArizonaOccupational Therapy Board Probation.
What Current and Past Crimes Must anOccupational 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 ArizonaOccupational Therapy Board Probation.
DUI Effects on a License
Occupational Therapists who contact our office frequently ask our attorney’s if state law allows anoccupational therapy professional with a DUI crime or conviction to get a license with the Arizona StateOccupational Therapy Board? The short answer is yes. An ArizonaOccupational Therapist DUI will not necessarily prevent anoccupational 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 circumstancesoccupational 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 theoccupational therapist is a danger to the public, has any medical or mental health problems and whether theoccupational 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 ArizonaOccupational Therapy Board? The short answer is, yes. An Arizona Felony foroccupational therapists will not necessarily prevent anoccupational 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 anoccupational 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’sOccupational Therapy Board, they must disclose a felony criminal court sentence (and other similar offenses) on their application. Anoccupational 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 theoccupational 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 theoccupational therapist has rehabilitated in the time since the criminal incident occurred. Simply put,Occupational Therapy Boards want to know whether theoccupational 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 theoccupational 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 ArizonaOccupational Therapy Board can placeoccupational 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 ArizonaOccupational Therapy Board for many different reasons. If theOccupational 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 ArizonaOccupational 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 theaccountant formal discipline.
Arizona Board Attorney
If you’re interested in learning more about our ArizonaOccupational Therapy Board Attorney services and how to protect your license, set up a consultation with Chelle Law today.