Arizona Respiratory Care Board Criminal Reporting: criminal consequences for anrespiratory care practitioner with the Arizona Board ofRespiratory Care
A.R.S. 32-3208 requires thatacupuncturist licensees and applicants for arespiratory care practitioner license must report misdemeanor criminal charges involving conduct that may affect patient safety or a felony to the ArizonaRespiratory Care 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 ArizonaRespiratory Care Board Probation.
What Current and Past Crimes Must aRespiratory Care Practitioner 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 ArizonaRespiratory Care Board Probation.
DUI Effects on a License
Respiratory care practitioners who contact our office frequently ask our attorney’s if state law allows arespiratory care professional with a DUI crime or conviction to get a license with the Arizona StateRespiratory Care Board? The short answer is yes. An Arizonarespiratory care practitioner DUI will not necessarily prevent arespiratory care practitioner 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 circumstancesrespiratory care professionals with a case that resulted in a felony DUI criminal conviction can get a license.
Disclosing a Record for an Applicant
If arespiratory care practitioner 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 therespiratory care practitioner is a danger to the public, has any medical or mental health problems and whether therespiratory care practitioner 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.
Respiratory care Record and Convictions
One question our attorneys are frequently asked is whether state law allows arespiratory care professional with a felony criminal background or an arrest to get a license with the ArizonaRespiratory Care Board? The short answer is, yes. An Arizona Felony forrespiratory care practitioners will not necessarily prevent arespiratory care practitioner 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 arespiratory care practitioner 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’sRespiratory Care Board, they must disclose a felony criminal court sentence (and other similar offenses) on their application. Arespiratory care practitioner 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 therespiratory care practitioner and initiates an investigation utilizing the law of the AZ Medical Practice Act. The investigation helps to determine whether therespiratory care professional is a danger to the public, has any medical or mental health problems and whether therespiratory care practitioner has rehabilitated in the time since the criminal incident occurred. Simply put,Respiratory Care Boards want to know whether therespiratory care applicant can provide safe care.
Respiratory Care Board Probation Information
When arespiratory care practitioner faces ArizonaRespiratory Care Board Probation the probation is offered through a Consent Agreement. The Consent Agreement requires therespiratory care practitioners 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 ArizonaRespiratory Care Board can placerespiratory care practitioners on probation through:
- Stipulated Rehabilitation Agreement
- Interim Practice Restriction
- Decree of Censure with Probation
- Letter of Reprimand with Probation
- Practice Limitation
Respiratory care practitioners who hold a license in Arizona can face disciplinary actions by the ArizonaRespiratory Care Board for many different reasons. If theRespiratory Care 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 ArizonaRespiratory Care 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 respiratory care practitioner formal discipline.
Arizona Board Attorney
If you’re interested in learning more about our ArizonaRespiratory Care Board Attorney services and how to protect your license, set up a consultation with Chelle Law today.