Arizona Registrar of Contractors Probation Attorney

Probation from the Arizona Registrar of Contractors against the licenses of contractors in Arizona is offered through a Consent Agreement.  The Consent Agreement requires the contractor 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 Registrar of Contractors can place contractors on probation through:

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

Contractors who hold a license in Arizona can face disciplinary actions by the Arizona Registrar of Contractors for many different reasons.  If the Registrar of Contractors 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 Registrar of Contractors 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 contractor formal discipline.

Responding to Practice Complaints and Investigations

After receiving an Arizona Registrar of Contractors Complaint or self-report, a contractor receives a notice from the Board requesting additional information as well as a response to allegations found in the complaint. From here, the Registrar of Contractors 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 contractor’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 Registrar of Contractors Disciplinary Actions

When a contractor is facing a complaint or investigation by their medical board, they may also face Arizona Registrar of Contractors 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 contractor 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 contractor 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 Contractor 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 Registrar of Contractors Probation.

DUI Effects on a License

Contractors who contact our office frequently ask our attorney’s if state law allows a contractor professional with a DUI crime or conviction to get a license with the Arizona State Registrar of Contractors? The short answer is yes. An Arizona Contractor DUI will not necessarily prevent a contractor 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 contractor 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 contractor 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 contractor is a danger to the public, has any medical or mental health problems and whether the contractor 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 work with a past criminal case involving alcohol or substance abuse.

Contractor 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 Registrar of Contractors?  The short answer is, yes. An Arizona Felony for contractors will not necessarily prevent a contractor 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 contractor 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 Registrar of Contractors, they must disclose a felony criminal court sentence (and other similar offenses) on their application. A contractor 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 contractor 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 contractor has rehabilitated in the time since the criminal incident occurred. Simply put, Registrar of Contractors want to know whether the contractor applicant can provide safe medical care.

Consultation with Chelle Law

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