Arizona Veterinary Board Probation Attorney | Veterinarians’ Criminal History

Probation from the Arizona Veterinary Board against the licenses of veterinarians in Arizona is offered through a Consent Agreement.  The Consent Agreement requires the veterinarian to do certain things (drug testing, work supervision, counseling, continuing education).  Or alternatively, refrain from doing things (using alcohol, prescribing scheduled drugs, seeing certain patients, etc.). The Arizona Veterinary Board can place veterinarians on probation through:

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

Disciplinary Actions for a Veterinarian Licensee

Veterinarians who hold a license in Arizona can face disciplinary actions by the Arizona Veterinary Board for many different reasons.  If the Veterinary 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 Practice Act and Arizona law.  Thus, at an Arizona Veterinary 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 veterinarian formal discipline.

Responding to Practice Complaints and Investigations

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

When a veterinarian is facing a complaint or investigation by their veterinary board, they may also face Arizona Veterinary 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 veterinarian 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 veterinarian 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 Veterinary Board Complaint

Who can file a complaint against a veterinarian? Patients, Health Care Facilities, and other professionals, among others. When the Arizona State Veterinary Medical Examining Board receives a complaint, the Board will initiate an investigation into the complaint (if the Board has jurisdiction and the Complaint isn’t dismissed).  After this happens, the veterinarian will receive a notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial for veterinarians as they must submit a response, and interview with the investigator while also possibly appearing at an Arizona Veterinary Board.

Veterinarian Application Denial Assistance

Applicants to the Arizona Veterinary Board who have a criminal history or previous discipline by the Arizona Veterinary Board (or any other Board) may be subject to denial of their application for licensure. Thus, those with a criminal or disciplinary history from other licensing boards will be investigated by the Board. 

DUI Effects on a License

Veterinarians, who contact our office frequently ask our attorneys if state law allows a veterinarian professional with a DUI crime or conviction to get a license with the Arizona State Veterinary Board? The short answer is yes. Arizona Veterinarians’ DUI will not necessarily prevent a veterinarian 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 veterinarian professionals with a case that resulted in a felony DUI criminal conviction can get a veterinarian’s license.

Disclosing a Record for an Applicant

If a veterinarian license applicant is not required to disclose a legal misdemeanor DUI, the AZ Board can still initiate an investigation based on the results of a healthcare fingerprint background check. The Board will then contact the veterinarian professional and initiate an investigation in their practice utilizing the law of the Arizona Practice Act (current as of October 2020). This license investigation determines whether the veterinarian is a danger to the public, has any medical or mental health problems, and whether the veterinarian 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 medical care with a past criminal case involving alcohol or substance abuse.

Veterinarian Record and Convictions

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

Criminal Reporting Requirements for Veterinarians

Behavioral health professionals who currently hold a valid veterinarian’s license with the Arizona Veterinary Board or pending applicants must notify the board of nursing of any criminal charge that may affect patient safety within ten business days.  Learn what crimes an individual must report and the potential discipline that can come with it.

What Current and Past Crimes Must a Veterinarian Report to the State Bd?

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 Practice Act and could result in disciplinary action which could result in Arizona Veterinary Board Probation.

Consultation with Chelle Law Arizona Veterinary Board Attorney

Veterinary Board Discipline Attorney

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