Arizona Podiatry Board Probation Attorney

Probation from the Arizona Podiatry Board against the licenses of podiatrists in Arizona is offered through a Consent Agreement.  The Consent Agreement requires the podiatrist 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 Podiatry Board can place podiatrists on probation through:

• Stipulated Rehabilitation Agreement
• Interim Practice Restriction
• Decree of Censure with Probation
• Letter of Reprimand with Probation
• Practice Limitation

Podiatrists who hold a license in Arizona can face disciplinary actions by the Arizona Podiatry Board for many different reasons.  If the Podiatry 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 Podiatry 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 podiatrist formal discipline.

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
• Interviews of people associated with the Board Complaint (These interviewees can include the patient, medical director, colleagues, etc.)

Arizona Podiatry Board Disciplinary Actions

When a podiatrist is facing a complaint or investigation by their medical board, they may also face Arizona Podiatry 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. A podiatrist 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 a podiatrist 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

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 Arizona 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.