Arizona Podiatry Board Disciplinary Actions | Arizona Podiatrist Board Complaints

Arizona Podiatry Board disciplinary actions are given to podiatrists with a license or certification in Arizona.  If the Board determines formal disciplinary 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 laws and regulations. Chelle Law’s Arizona Podiatry Board Attorneys have represented over 1,000 health care professionals before Arizona licensing boards. At Chelle Law, our attorney’s have the experience to help podiatrists with all Arizona Podiatry Board matters.

Thus, at a Board Meeting the Board will vote to determine the outcome of each investigation and review of complaints.  The Board can vote on a non-disciplinary outcome or vote to offer the podiatrist formal discipline.  Disciplinary actions can include:

• Case Dismissal
• Letter of concern
• Decree of censure
• Probation
• Non-disciplinary order for continuing education
• Suspension
• Revocation
• Voluntary surrender

Arizona Podiatry Board Non Disciplinary Actions

• CASE DISMISSAL: The Board may dismiss a complaint if they determine the information indicates there was not a violation of the rules of the Arizona Medical Practice Act.  This outcome is not available to the public.
• NON-DISCIPLINARY ORDER FOR CONTINUING EDUCATION: An order that dictates the podiatrist must complete a number of hours of continuing education for specific topics.
• LETTER OF CONCERN: A letter from the Board expressing concern the podiatrist’s conduct wasn’t ideal. However, the conduct doesn’t necessarily violate Arizona law.

Arizona Podiatry Unprofessional Conduct

• REVOCATION: If the Board revokes a podiatrist’s license the podiatrist will be unable to practice or get licensed again for a minimum of five years. After the five year period license revocation the podiatrist will need to reapply for their license. If the podiatrist reapplies for licensure they must demonstrate the grounds for revocation (substance abuse, mental health problems, criminal convictions) has been rectified through an applicable program. This is a public document.
• VOLUNTARY SURRENDER: The podiatrist voluntarily gives up their license. The benefit of this voluntary consent is that the Board is usually willing to reduce the amount of time until an podiatrist can reapply. This is usually between two to three years.
• SUSPENSION: A suspension stops the podiatrist from practicing. It prohibits any patient contact or services for a period of time until the Board lifts the suspension.
• PROBATION: The Board offers probation through a consent agreement. The consent agreement requires the podiatrist do certain things (drug testing, work supervision, counseling, continuing education).  Alternatively, they may need to refrain from doing things (unsupervised Medical like home health, working under the Medical licensure compact, using alcohol, etc.) A request for a removal of probation will be needed.
• DECREE OF CENSURE: A decree of censure is the lowest level of formal discipline. There are no probationary requirements, but the Order will be listed on the website.

Arizona Podiatrist Complaints

Who can file an Arizona Podiatry Board Complaint against a podiatrist? Patients, health care facilities, other professionals, among others. When the Arizona Podiatry Board receives a complaint, the Board initiates an investigation into the complaint (if the Board has jurisdiction and the Complaint isn’t dismissed). After this happens, the podiatrist receives notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial for podiatrists as they must submit a response, interview with the investigator while also possibly appearing at an Arizona Podiatry Board.

Responding to Practice Complaints and Investigations

After receiving an Arizona Podiatry Board Complaint or self-report, a podiatrist receives a notice from the Board requesting additional information as well as a response to allegations found in the complaint. From here, the Podiatry 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 podiatrist’s employer and business
• Criminal records
• Review of the professional’s behavior at work
• Interviews of people associated with the Board Complaint (These interviewees can include the patient, medical director, colleagues, etc.)

Behavior Analyst Rules

Analyst rules effective July 4, 2020 from Arizona statutes can be found on the Statutes and Rules page.

Podiatry Rules Effective July 4, 2020

Podiatry rules effective July 4, 2020 from Arizona statutes can be found on the Statutes and Rules page.

What Current and Past Crimes Must a Podiatrist Report to the Arizona 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 Podiatry Board Probation.

DUI Effects on a License

Podiatrists who contact our office frequently ask our attorney’s if state law allows a podiatry professional with a DUI crime or conviction to get a license with the Arizona State Podiatry Board? The short answer is yes. An Arizona Podiatrist DUI will not necessarily prevent a podiatrist 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 podiatry professionals with a case that resulted in a felony DUI criminal conviction can get a license.

Disclosing a Record for an Applicant

If a podiatrist 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 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 podiatrist is a danger to the public, has any medical or mental health problems and whether the podiatrist 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 care with a past criminal case involving alcohol or substance abuse.

Podiatry Record and Convictions

One question our attorneys are frequently asked is whether state law allows a podiatry professional with a felony criminal background or an arrest to get a license with the Arizona Podiatry Board?  The short answer is, yes. An Arizona Felony for podiatrists will not necessarily prevent a podiatrist 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 a podiatrist 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 Podiatry Board, they must disclose a felony criminal court sentence (and other similar offenses) on their application. A podiatrist 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 podiatrist and initiates an investigation utilizing the law of the AZ Medical Practice Act. The investigation helps to determine whether the podiatry professional is a danger to the public, has any medical or mental health problems and whether the podiatrist has rehabilitated in the time since the criminal incident occurred. Simply put, Podiatry Boards want to know whether the podiatry applicant can provide safe care.

Consultation with Chelle Law

If you’re interested in learning more about our Arizona Podiatry Board Attorney services and how to protect your license, set up a consultation with Chelle Law today.