Arizona Optometry Board Probation Attorney
Probation from the Arizona Optometry Board against the licenses of optometrists in Arizona is offered through a Consent Agreement. The Consent Agreement requires the optometrist 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 Optometry Board can place optometrists on probation through:
- Stipulated Rehabilitation Agreement
- Interim Practice Restriction
- Decree of Censure with Probation
- Letter of Reprimand with Probation
- Practice Limitation
Optometrists who hold a license in Arizona can face disciplinary actions by the Arizona Optometry Board for many different reasons. If the Optometry Board 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 Medical Practice Act and Arizona law. Thus, at an Arizona Optometry 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 optometrist formal discipline.
Responding to Practice Complaints and Investigations
After receiving an Arizona Optometry Board Complaint or self-report, an optometrist receives a notice from the Board requesting additional information as well as a response to allegations found in the complaint. From here, the Optometry Board assigns an investigator to the complaint and they begin to collect evidence. The documents and evidence collected includes:
- Patient medical records
- Employment files from the optometrist’s employer and business
- Criminal records
- Interviews of people associated with the Board Complaint (These interviewees can include the patient, medical director, colleagues, etc.)
Arizona Optometry Board Disciplinary Actions
When an optometrist is facing a complaint or investigation by their medical board, they may also face Arizona Optometry Board Disciplinary Actions. Facing disciplinary action can have vast repercussions on a medical career. This can include license probation, suspension or revocation. It can also jeopardize employment. An optometrist under investigation can face termination at their current job after receiving a complaint or after the Board initiates an investigation.
There are certain allegations that can cause an optometrist 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
Arizona Optometry Board Criminal Reporting
A.R.S. 32-3208 requires that optometry licensees and applicants for an optometrist license must report misdemeanor criminal charges involving conduct that may affect patient safety or a felony to the Arizona Optometry 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 Optometry Board Probation.
What Current and Past Crimes Must an Optometrist 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 Optometry Board Probation.
Optometry Board Discipline Attorney
If you’re interested in learning more about our Arizona Optometry Board Attorney services and how to protect your license, set up a consultation with Chelle Law today.
