What is the National Practitioner Data Bank (NPDB) and how does it relate to an Arizona Medical Board investigation? And possibly, disciplinary actions taken against a physician’s license. 

What is NPDB and What Does it Do?

The National Practitioner Data Bank (NPDB) is an online database. NPDB maintains a record of certain adverse actions taken against physicians or other health care entity licenses by state regulatory agencies. It also maintains a record of medical malpractice payments made. So, what does NPDB have to do with your Arizona Medical Board investigation?

Well, if the Arizona Medical Board disciplines you. Let’s say you have a case. It’s gone through the investigative process, and the board has offered you a consent agreement for some disciplinary action. Or the board has voted to issue you some disciplinary actions as the case outcome. With those disciplinary actions and a written consent agreement issued therewith. The Arizona Medical Board will then report those to the National Practitioner Data Bank (NPDB).

Again, this is a data bank maintaining a record of adverse actions against physicians and other health care practitioner licenses. What health care entities need to know is that once something gets reported to the NPDB, it’s never removed. While the Arizona Medical Board maintains a record of disciplinary actions on its website for no more than five years by statute, the action reported to the NPDB is a permanent record.

Disputing a Report Submitted to NPDB

There are ways you can submit a statement to explain your position on the reportable facts submitted to the NPDB. There was also a mechanism for filing a dispute of a report submitted. But otherwise, there is no mechanism for getting a report completely removed or amended from the NPDB. 

So, if you find yourself under investigation by the Arizona Medical Board. Or if you’re considering entering into a consent agreement that requires you to take some disciplinary action against your license. Please note that this will be reportable to the NPDB. And if we can assist, please do not hesitate to contact us.

Other Blogs of Interest

• Is a Letter of Reprimand from the Arizona Medical Board Public?
• What Happens When a Doctor in Arizona is Under Investigation?
• Types of Arizona Medical Board Practice Restrictions | Licenses and Rules

What is a Summary Suspension by the Arizona Medical Board? 

What is a summary suspension for a physician licensed with the Arizona Medical Board? And what does that process look like? And what can a physician expect if they find themselves in a proceeding to suspend their license summarily? 

To Protect Public Health, Safety, and Welfare

A summary suspension is an emergency action the Arizona Medical Board takes if they believe that the health, safety, and welfare of the public imperatively requires emergency action against a physician’s license to restrict all or some of their practice. So, this is an action the board takes before the allegations of unprofessional conduct are fully investigated. The physician has had an opportunity for a formal interview or hearing on the allegations.

Suppose the board feels the allegations are serious enough. So serious that they cannot put off action against the license until the investigation has concluded. In that case, they can summarily suspend. If they believe that harm could come to the public while board staff is completing their investigation into the allegations. This can be an action the board staff recommends to the board to restrict the physician’s ability to practice completely. It could be an action the board staff takes. Should a physician refuse to sign an interim practice restriction during the investigation?

If the board staff receives a complaint with serious allegations. If they’re concerned about the physician’s ability to practice at that time, they can offer an interim practice restriction. To prohibit or limit some of that physician’s practice activities and actions while they gather more information about the allegations. 

Say a physician refuses to sign an interim practice restriction offered by board staff during the investigation. The board staff’s recourse at that point is to proceed with a summary suspension of the physician’s license. Which again is asking the board to suspend and restrict the physician’s ability to practice pending a formal administrative hearing into the allegations.

Right by Statute 

If the board votes to summarily suspend a physician’s license and finds that emergency action is required to protect the public’s health, safety, and welfare. The physician has a right by statute to have an administrative hearing held on the allegations. And within 60 days of the summary suspension. At that point, should the board vote to summarily suspend the physician’s license, they would refer the matter to the office of administrative hearings for a full evidentiary hearing.

By statute, that hearing must be held within 60 days of the summary suspension by the board. Should you find yourself under investigation by the Arizona Medical Board. Or in the process of summary suspension proceedings or a subsequent formal hearing after you’ve been summarily suspended. If you need advice or assistance, please do not hesitate to reach out to our firm.

Need More Information?

Suppose you are in the middle of an investigation with the Arizona Medical Board. Or if they’ve issued you or offered a letter of reprimand to resolve the case. Please do not hesitate to contact us. Especially if you need more information about what that means and how it can affect your medicine practice. And your license.

What Is the Most Common Medical Board Complaint?

Instead of one, I think there’s probably a group of most common complaints, and we’ll go through those. The first one is clinical issues. Suppose there’s a deviation from the standard of care. In that case, Any of the following could send that complaint to the board: the employer, a colleague, the patient, and a patient’s family member. All those people could then file a complaint with the medical board alleging a clinical concern. Most certification boards have criminal reporting requirements. Some boards require a reported charge from a physician. In contrast, other boards require the physician to report a conviction. Still, a complaint can start from any criminal conduct by the physician.

Behavioral Concerns and Revoked Clinical Privileges

Another way would be behavioral concerns. If there was some fight amongst the med staff or the likes at the hospital. Maybe the physician was removed from the med staff or revoked other privileges. Suppose it’s just some kind of butting heads that continues to happen consistently. In that case, it’s not uncommon for an organization reporting the physician for behavioral concerns. In that case, normally, most boards will then require the physician to get a psychological evaluation to rule out any larger issues. The recommendations from that psychologist or psychiatrist and most medical boards would be incorporated and discussed at the board meeting. Substance abuse issues are another huge reason for a certification board complaint to be open.

The employer will normally file a complaint if a physician is impaired at work. It could be, once again, a patient, a family member, or a colleague. Drug abuse, alcohol abuse, prescription drug, or if the physician has strange prescriptive practices. Most states have a database that lists all the physicians who prescribe scheduled drugs. And, prescribing to yourself, which does happen, or a close family member, which does happen, is a huge red flag. 

Medical Board Database Flagging

Suppose they were to run a database query and see that the physician was prescribing to a family member or himself. That would raise red flags, and someone would issue a complaint against the physician. In my mind, I break it into two main groups.

You’ve got the clinical side and the behavioral side. As I said, the clinical staff is, did something go wrong? Clinically, was there a deviation from standard care? Maybe a peer review initiated, something like that. And then the second one in the behavioral category. It’s all the other things I listed, like substance abuse and clashes at work. I guess boundary violations are another big one. If there’s a sexual relationship between a doctor and a patient, that can cause concern for any board. Most boards will list when/if a physician can start a relationship with the patient. But as you know, if a physician starts a romantic relationship with a patient. Most of the time, it doesn’t end well. And now, with technology and text messages, social media, and direct messages. There’s almost always a record between the physician and the patient regarding their relationship.

And it’s difficult to defend when it’s in black and white writing. So, those are the most common reasons a physician could file a complaint with the medical board. It ranges, but I know when I speak to most people. They always associate it with clinical issues, which goes well beyond that.

Is an Advisory Letter from the Arizona Medical Board Public?

What’s an advisory letter from the Arizona Medical Board and is an advisory letter against a physician a public document? Suppose you are a physician under investigation by the medical board. Once the investigation concludes, the medical board may vote to resolve your matter by issuing an advisory letter. An advisory letter is a non-disciplinary letter. It states that while the activities of the physician may not rise to the level of disciplinary actions. Or rise to a violation of the medical practice act. Continuing these actions by the physician could lead to disciplinary actions or a potential violation in the future. Again, the letter is issued to resolve the case.

It is Non-Disciplinary

And again, that is a non-disciplinary letter. Now, even though it’s non-disciplinary, we have a statute here in Arizona. A statute allowing the medical board to provide a copy of that letter to the public upon request. So, essentially, they will keep the letter in your file at the Arizona medical board. Should someone from the public make a public records request. The medical board would be required to turn over the letter by statute.

The Benefit of an Advisory Letter

Now, the benefit of an advisory letter. While it is subject to a public records request, the medical board’s website won’t report it in their recent actions. In addition, it is not reported to the NPDB as a disciplinary action. 

The other thing to keep in mind about the publicity of advisory letters. While they’re not reported on the medical board’s website or to the NPDB. The matters under investigation by the Arizona state board are brought to the board to vote on a conclusion. These are taken up at public meetings.

The Arizona medical board’s meetings are subject to open meeting laws. Just like every other regulatory board here in this state. Everything discussed in the meeting, except for confidential matters in the executive session, is available to the public. So, suppose your case is resolved through an advisory letter or with an advisory letter. In that case, they will likely discuss it at a public meeting of the Arizona medical board. And those minutes and the agenda are posted on the board’s website.

But again, that is something that you must know where to look to find those minutes. So, as a general matter, the number of places that the public can find an advisory letter is limited. Particularly compared to the reporting of disciplinary actions against the physician’s license. 

Need Help? 

Should you have any additional questions about this topic. Or should you find yourself under investigation by the board, please do not hesitate to give us a call.

Can You Sue Someone for Filing a False Complaint With the Arizona Medical Board?

Hi, my name is Robert Chelle with Chelle Law. My firm represents physicians before the Arizona medical board and the osteopathic board. We’ve been representing health care providers in Arizona for over a decade now. And one thing that comes up semi-frequently is the question. Can you sue someone for filing a false board complaint in Arizona? Pretty simple question. The answer is yes, but there are some caveats we will go over right now. Every board has a statute. They’re in the Arizona revised statutes, which lay the groundwork for what the board can and can’t do. In the statute for the Arizona medical board, there’s a section. I’m going to read it, which says any person or entity that reports or provides information to the board in good faith. That person is not subject to an action for civil damages.

Good Faith Complaints 

In summary, anyone who files a board complaint in good faith can’t be sued for civil damages. The most important part of that section is good faith. What is good faith? This means if someone honestly believes that the physician committed misconduct, did something illegal, or violated the statute. They’re immune from civil damages. The only way that a physician could sue someone for filing a board complaint is if it was false and in bad faith. People can file a good faith complaint with bad intentions. You could have a patient who wants to stick it to the doctor, a competitor physician who’s doing the same, or an employer who is somehow upset about their relationship terminating.

Were the Actions Done in Bad Faith?

If any of those people filed a good faith argument, they believed that whatever the physician did could violate the statute. They’d be immune from a civil lawsuit. If you sue the person, you must prove they acted in bad faith. They knew that what they were alleging was false. Potentially they made up falsehoods and used that as a basis for a complaint. There was a case in the mid-two thousand. That kind of worked its way up to the court of appeals in Arizona. And basically, it was one physician who filed a board complaint against a competitor physician. They’re in the same specialty, fighting for patients in the same area, and alleged some things. And the physician who had the complaint. Filed against him and filed a lawsuit against the other doctor. They stated that the other party did not report the complaint in good faith.

Are There Any Mistakes Physicians Make?

And therefore, he suffered some damage. I’m just going to read what the counts of that lawsuit are. Right? Some counts for the lawsuit are:

• The alleged defamation
• False light invasion of privacy 
• Wrongful institution
• Maintenance of an administrative proceeding 
• Intentional interference with prospective contractual to business relationships
• Injurious falsehood

What the court held, though, was the first count. Was the complaint filed in good faith or not? And the court said, yes, it was. They’re saying even if some of the things alleged by the person who filed the complaint were untrue. They believed they were true. They made at least a minimum amount of verification of the facts. And therefore, the other party filed the complaint in good faith. And so the physician who filed the complaint against him couldn’t recover any damages.

We have a case currently with the Arizona medical board. We’re representing a client. I won’t get into the details of it. However, I can give broad strokes. In this case, a patient alleged that our client gave them on a certain date, a specific procedure. Then, there was a negative outcome during the procedure, after a review of the medical records. Our client never saw the patient on the alleged date. Never even provided the procedure alleged by the patient. And then, obviously, the bad outcome didn’t occur either. So, did that person file a complaint in bad faith? Well, we believe, yes. As I stated before when looking at whether a complaint is filed in good or bad faith. Do you need to look at whether the person who filed the complaint attempted to verify any of the information?

Medical Board Complaints

In this case, obviously, no. What could someone do to verify the information? They could call the office and verify when they saw the physician. Request the medical records, review those, and talk to the people involved. A minimum base amount of effort needs to be given to verify allegations. And if the complainant, the person who files a complaint, doesn’t do any of that. Then that certainly authorized whoever had the complaint filed against them to argue that it was filed in bad faith. 

This is a fairly nuanced topic. In summary, can you sue someone for filing a false board complaint in Arizona? The answer is yes, you can, under certain circumstances. But it’s an interesting topic to discuss. As I stated, my firm Chelle Law represents physicians before the Arizona medical board and osteopath boards. If you have any questions, we’re certainly happy to answer them. Just give us a call, the number is listed below in the description, or you can visit us on our website, Chelle law.com, C H E L L E law.com. Hopefully, this is informative. Please comment if you have suggestions for other topics you want me to discuss. I’ll be happy to do that. So anyway, thanks for listening, and take care.

Arizona Medical Board Criminal Reporting

A.R.S. 32-3208 requires that physician licensees and applicants for a physician license must be reporting misdemeanor criminal charges. Charges involving conduct that may affect patient safety. Or a felony to the Arizona Medical Board within 10 working days after the charge is filed.  A working day would be considered Monday through Friday.

Failure in reporting a reportable criminal charge within 10 business days is a violation of the Arizona Medical Practice Act and could result in Arizona Medical Board Probation.

What Current and Past Crimes Must Be Reported?

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 in reporting a reportable criminal charge within 10 business days is a violation of the Arizona Medical Practice Act. And could result in disciplinary actions which could end in Arizona Medical Board Probation.

DUI Criminal History

Physicians who contact our office frequently ask our attorneys if state law allows a physician professional with a DUI crime or conviction to get a license with the Arizona State Medical Board. The short answer is yes. An Arizona Physician DUI will not necessarily prevent a nurse 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 physician professionals with a case that resulted in a felony DUI criminal conviction can get state licensing.

Disclosing a Criminal Record for an Arizona 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 medical professional and initiate an investigation in their practice utilizing the law of the Arizona Medical Practice Act (current as of October 2020). This state licensing investigation determines whether the physician is a danger to the public. If they have any medical or mental health problems. And whether they’ve 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.

State Criminal Record and Convictions

One question our attorneys are frequently asked is whether state law allows a medical professional with a felony criminal background to get a license with the Arizona Medical Board.  The short answer is, yes. An Arizona Felony for physicians will not necessarily prevent a physician from obtaining state licensing 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 physician with a case that resulted in a criminal sentence can get state licensing.

Criminal Charges for Doctors with the Arizona Board

When a professional applies to the Arizona Medical Board, they must disclose a felony criminal court sentence (and other similar offenses) on their application. A physician 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 physician 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 physician has rehabilitated in the time since the criminal incident occurred. Simply put, the Medical Board wants to know whether the physician applicant can provide safe medical care.

Medical Board Probation Information

When a physician faces Arizona Medical Board Probation, the probation is offered through a Consent Agreement.  The Consent Agreement requires the physician 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 Medical Board can place physicians on probation through:

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

State Licensing Board Disciplinary Actions

Physicians who hold a license in Arizona can face disciplinary actions by the Arizona Medical Board for many different reasons.  If the Medical Board determines formal state licensing actions are 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 Medical 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 formal physician discipline.

Arizona Medical Malpractice Attorney

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

When is Discipline from the Arizona Nursing Board Removed From the NPDB?

Formal discipline from the Arizona Board of Nursing is never removed from the National Practitioner Database (“NPDB”).  The NPDB is a web-based repository of reports. The NPDB contains information on medical malpractice payments and certain adverse actions related to health care practitioners, providers, and suppliers.  Many employers will run NPDB reports prior to hiring a nurse.

What Does the Board Consider Discipline?

• Revocation
• Suspension
• Voluntary Surrender
• Probation (Consent Agreement)
• Civil Penalty
• Decree of Censure

Subject Statement

A nurse who is the subject of disciplinary reports submitted to the NPDB can submit a statement. The statement provides additional information the nurse would like included with the report to the NPDB. The nurse cannot correct or void the reports. They can’t also be modified. Only the Arizona Board of Nursing may do so with the reports. 

The subject statement becomes part of the report and remains with the reports unless edited or removed. The statement is sent to the reporting organization. All querying organizations who received a copy of the reports within the past 3 years. And is included in future query responses. 

Voluntary Surrender and NURSYS

So, Why Should an Arizona Nurse Not Voluntarily Surrender? A voluntary surrender will place a permanent mark on a nurse’s record. Thus a nurse must make absolutely certain they are making an informed decision.  Voluntary surrender is when a licensee chooses voluntarily to surrender a professional license or agrees not to renew one’s license. Usually to resolve an outstanding complaint. Instead of going through the investigatory process that could lead to discipline, suspension or revocation.

Voluntary surrender is considered formal discipline.  Any formal disciplinary action from the Arizona Nursing Board is reported to NURSYS and the NPDB.

What is NURSYS

NURSYS is a comprehensive national database. It enables nurses to gain access to information about their practice privileges and the state board they are registered with. Employers can use this service as well. It helps them verify whether someone meets necessary requirements on licensing, discipline history, and past employment records. All from one source.

Under current Arizona law, once disciplinary actions are reported to NURSYS from the Arizona Board, they can never be removed.  Disciplinary actions used to be removed from the board’s website after 5 years. However, that policy has changed now that the board no longer hosts its own license verification.

Interested in learning more about our Arizona Nursing Board Discipline services and how to protect your rights? Set up a consultation with Chelle Law and our Arizona Nursing Attorney. Reach out to us today.

What Criminal Charges Should a Physician Report to the Arizona Medical Board?

What criminal charges must be reported by physicians to the Arizona Medical Board? In other words, suppose you are a physician and have been arrested and charged with a crime. What are your reporting obligations to your licensing board? 

Arizona Statute

In Arizona, we have a statute called ARS 32-3208. It governs the reporting of criminal charges by all health care professionals to their regulatory boards. Essentially, this statute states that if charged with a felony or misdemeanor, that may affect patient safety. Health care professionals must report those criminal charges to their regulatory board. It must be in writing and within ten working days upon the filing of charges.

Now, this is something that a lot of people do not understand that they’re required to do. Many health care practitioners mistakenly believe they are only required to report a final disposition of their criminal case. Or of any conviction arising from criminal charges. But that is not the case. 

Under the statutory language, a provider must report any criminal charges filed within ten working days. The statutes here go even further. It is unprofessional for a provider not to report these criminal charges to their regulatory board.

Look Up Information About Reportable Offenses

Suppose you get in a situation where you’re arrested and charged with a misdemeanor. Or any felony that may affect patient health and safety. In that case, you must be reporting that to the board within ten working days. Now, it’s worth mentioning. Yes, the language surrounding the misdemeanor charge that may affect a patient’s safety seems very limiting. Still, look at the Arizona licensing board’s website. They do provide a list of offenses that are reportable misdemeanors. And are misdemeanors that may affect patient safety per the statute’s language.

If you look at the list, many offenses are included. So, don’t think that just because you believe the misdemeanor you’re charged with may not affect patient health and safety. That it will absolve you from the obligation to report the charge to the medical board. Should you find yourself in a situation where someone criminally charges you. Or you’re a physician needing assistance self-reporting to the Arizona board. Please do not hesitate to contact us.

Arizona Medical Board Criminal Reporting

A.R.S. 32-3208 requires that physician licensees and applicants for a physician license must report misdemeanor criminal charges involving conduct that may affect patient safety or a felony to the Arizona Medical 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 Arizona Medical Practice Act and could result in Arizona Medical Board Probation.

What Current and Past Crimes Must Be Reported?

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. It could result in disciplinary actions which could end in Arizona Medical Board Probation.

DUI Criminal History

Physicians who contact our office frequently ask us. Has state law authorized physicians with DUI crimes or convictions to get a license with the Arizona State Medical Board? The short answer is yes. An Arizona Physician DUI will not necessarily prevent a nurse 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 physician professionals with a case that resulted in a felony DUI criminal conviction can get a license.

Disclosing a Criminal Record for an Arizona 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 medical professional. And initiate an investigation into their practice utilizing the law of the Arizona Medical Practice Act (as of October 2020). This license investigation determines whether the physician is a danger to the public, has any medical or mental health problems, and whether the physician 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.

State Criminal Record and Convictions

One question our attorneys are frequently asked is this. Whether state law has authorized medical professionals with felony criminal background to get licensed with the Arizona Medical Board.  The short answer is, yes. An Arizona Felony for physicians will not necessarily prevent a physician 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 physician with a case that resulted in a criminal sentence can get a license.

Criminal Charges for Doctors with the Arizona Board

When a professional applies to the Arizona Medical Board, they must disclose a felony criminal court sentence (and other similar offenses) on their application. A physician 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 physician 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 physician has rehabilitated in the time since the criminal incident occurred. Simply put, the Medical Board wants to know whether the physician applicant can provide safe medical care.

Medical Board Probation Information

When a physician faces Arizona Medical Board Probation the probation is offered through a Consent Agreement.  The Consent Agreement requires the physician 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 Medical Board can place physicians on probation through:

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

Physicians who hold a license in Arizona can face disciplinary actions by the Arizona Medical Board for many different reasons.  If the Medical Board determines formal licensing actions are 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 Medical 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 physician formal discipline.

Arizona Medical Malpractice Attorney

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

When Do Doctors Report Criminal Charges to the Arizona Medical Board? 

Hi, my name is Sarah Stark, and I’m an attorney at Chelle Law in Scottsdale, Arizona. We regularly represent physicians and physician assistants before the Arizona medical board and the Arizona Regulatory Board of Physician Assistants. One issue that often comes up is the requirement or duty under Arizona law for health care providers to report misdemeanors. Or felony charges to their regulatory boards.

Professionals Required to Report for Medical Board Investigation

A.R.S 32-3208 provides that the licensee should report these charges to their regulatory board. And should be within ten working days from a misdemeanor charge. Which involves conduct that may affect patient safety, or felony charges. It’s considered an act of unprofessional conduct under the statute for failure to report these charges within ten working days. 

This often confuses professionals and licensees as they believe they are only required to report to their board’s convictions. Or only the final disposition of criminal matters when they are statutorily required to report any charges that are filed.

Can a Physician Request a Hearing with the Arizona Medical Board? 

I wanted to briefly discuss today the formal hearing process after the conclusion of a medical board investigation. What does that mean? What are your options regarding requesting a formal hearing? After an investigation by medical board staff into allegations of unprofessional conduct, board staff will reach out to the physician. And let them know that the matter has closed. In many cases, a consent agreement will be offered for some discipline the physician can sign at that point. To resolve the matter. So, this will be a disciplinary consent agreement for a term of probation. With various stipulations and requirements for the physician to comply with.

Medical Board Interview

Of course, it can also offer non-disciplinary outcomes at the end of an investigation. It could be an advisory letter or perhaps a full dismissal of the matter. Still, those are not outcomes that would trigger the physician’s right to proceed to a formal hearing. So, suppose they present the physician with an option to sign a disciplinary consent agreement. In that case, there will also be the option and the consent agreement to appear before the Arizona medical board. It’s called a formal interview. In place of a formal interview, the physician can ask that board staff refer the case to the OAH. Or Office of Administrative Hearings for a formal evidentiary hearing on the allegations.

If a physician opts to appear before the Board for a formal interview, it’s a truncated approach to resolving the matter. And it’s shortened. It can result in a similar consent agreement that the Board offered initially. It could always result in a better outcome for the physician, but it could also result in a worse outcome.

If the physician declines the formal interview, they decline to sign the consent agreement. They opt to have their matter referred to OAH. They assign the case to one of the Board’s litigation councils. Then they will then proceed with drafting and serving a complaint and notice of hearing. Informing the physician of formal allegations that everyone will hear at the hearing. And its date and time. They have authorized the physician to respond to the allegations in writing. With the option of a formal hearing, our statutes here in Arizona also enable a physician to elect to participate. They can partake in an informal settlement conference with board staff and their attorney before attending the hearings.

Arizona Board Attorneys that Can Help

So, suppose the physician does elect to pursue a formal hearing as an option in their case. In that case, they can also ask that board staff and attorneys hold an informal settlement conference. That is to resolve the matter instead of going forward with that formal hearing. 

If you are a physician here in Arizona, you’re under investigation by the Arizona medical board. The investigation has concluded. And now, you must decide which option to choose and how that may affect your license and practice. If this is you, please feel free to contact our firm.

Should you surrender your license if you have found yourself under investigation by the Arizona medical board? Voluntary surrender is when a physician chooses to give up their license and cease practicing medicine in Arizona to resolve or conclude an open investigation with the board into allegations of unprofessional conduct. And it’s significant because a voluntary surrender is a disciplinary action against the physician’s license; therefore, it is reportable. That means that once the physician surrenders their license, the board will go through its normal reporting process and report the voluntary surrender to the national practitioner data bank. It will also post a record of the voluntary surrender on the Arizona medical board website.

Surrendering the Physicians License Voluntarily: The Consent Agreement

When physicians choose to surrender their license voluntarily, it is usually in the form of a consent agreement for voluntary surrender. The consent agreement will include factual findings, legal conclusions, and a surrender order. The findings will be made public on the websites of the Arizona Medical Board and the National Practitioner Data Bank, making them significant. As a result, it ensures that the results of significant discoveries are included in your voluntary surrender document. If you go down that road, it’s only fair that you have a say in what’s said to the extent that the board staff will let you change the conclusions.

What Should You Consider When Surrendering Your License Voluntarily?

It should also consider that a voluntary surrender is something that can affect, obviously, licenses in other states. So, if you are under investigation in Arizona, maybe you hold licenses in several other states. You’ve had a complaint filed against you with the Arizona medical board, and you think it’s easier to surrender your Arizona license. So you don’t have to deal with going through the investigative process. That is one crucial consideration because if you choose to submit your license here in Arizona, that could also impact the other states where you hold licenses.

Another thing about a voluntary surrender is that it is usable as a means for the office of the inspector general to place you on an exclusion list. That prohibits you from billing a federal insurance program. A voluntary surrender revocation or suspension of a state license is grounds for what the OIG calls a permissive exclusion. Voluntary surrender of your medical license could also trigger the OIG to place you on that exclusion list. There are a lot of factors to consider if you are considering surrendering. It is a serious decision that may result in disciplinary action against a physician’s license. It affects where it is reported, the licenses of other states, and other effects such as being reported to the OIG and having consequences.

Reach Out for an Attorney

Suppose you are a physician and have found yourself under investigation by the Arizona medical board. In that case, you are considering surrendering your license. If you feel like you need more information or need advice on what to do, please do not hesitate to reach out to us.

Other Blogs of Interest

• Is a Letter of Reprimand from the Arizona Medical Board Public?
• How Long are Physician Locum Tenens Agreement? | Medical Contract

Types of Arizona Medical Board Practice Restrictions | Medical Board Rules

What practice restrictions can the Arizona Medical Board impose on a physician? What are some common types of practice restrictions? And how can we assist you if you find yourself in a situation where the Arizona medical board asks you to sign a practice restriction? 

Interim Practice Restriction Information

When a physician is under investigation by the Arizona medical board, the Arizona medical board may reach out to the physician and ask them to sign an interim practice restriction. And essentially, that means they want to restrict all or part of the physician’s practice during the investigation into the allegations of unprofessional conduct.

Depending on the nature and severity of allegations or number of complaints, that may be before the board. Board staff may feel it’s appropriate to limit or fully restrict the physician’s practice of medicine. At the same time, they determine whether there is any veracity to the allegations that have been made. As a result, before the board can conduct a thorough investigation, a practice restriction is frequently imposed. In that case, they will close the case entirely. That is why it is called an “interim practice restriction,” and the temporary restrictions can vary.

What Happens to a Physician Under State Restriction?

We sometimes see a complete restriction on a physician’s ability to practice medicine. And then sometimes we see restrictions on certain activities. Again, it doesn’t prevent them from practicing medicine, but may prevent them from doing certain things or maybe require certain things, some sort of a monitor chaperone during their practice, depending on the type, nature, severity, and many allegations against the physician. There is also an opportunity or possibility for a practice restriction to appear in a final consent agreement for probation.

And this is a disciplinary action against the physician’s license. It is issued at the end of an investigation as the case resolution. And typically, suppose the board and board staff has found that the physicians’ activities or the allegations contained in the complaint rise to a level of violating the Arizona medical practice act. In that case, they may impose discipline on the physician in the form of probation. And as part of the probation, there may also be a practice restriction like what you would see in the interim practice restrictions during the investigation.

What Should You Do if You Are Under Investigation by the Arizona Medical Board?

So, typically, that will not be a complete ban on the physician’s practice because they would revoke the license, allow the surrender of the 

license, or perhaps suspend the medical license for a period. But practice restrictions can appear in final probationary orders to limit certain physician activities or require additional reporting or oversight of specific activities by a physician. If you are a physician here in Arizona and find yourself under investigation by the Arizona medical board, you have been offered a practice restriction. If you need advice on what to do or have general questions, please do not hesitate to reach out.

Can You Sue Someone for Filing a False Complaint With the Arizona Medical Board?

Hi, my name is Robert Chelle with Chelle Law. My firm represents physicians before the Arizona medical board and the osteopathic Board. We’ve been representing healthcare providers in Arizona for over a decade now. And one thing that comes up semi-frequently is the question. Can you sue someone for filing a false board complaint in Arizona? Pretty simple question. The answer is yes, but there are some caveats we will go over right now. Every Board has a statute. They’re in Arizona revised regulations, which lay the groundwork for what the Board can and can’t do. In the law for the Arizona medical board, there’s a section. I will read it, which says any person or entity that reports or provides information to the Board in good faith. That person is not subject to an action for civil damages.

Arizona Medical Board

In summary, anyone who files a board complaint in good faith can’t be sued for civil damages. The most important part of that section is good faith. What is good faith? It means if someone honestly believes that the physician committed misconduct, did something illegal, or violated the statute. They’re immune from civil damages. The only way that a physician could sue someone for filing a board complaint is if it was false and in bad faith. People can file a reasonable faith complaint with bad intentions. You could have a patient who wants to stick it to the doctor, a competitor physician who’s doing the same, or an employer who is somehow upset about their relationship terminating.

Licensing Board Complaint

If any of those people filed a good faith argument, they believed that whatever the physician did could violate the statute. They’d be immune from a civil lawsuit. If you sue the person, you must prove they acted in bad faith. They knew that what they were alleging was false. Potentially they made up falsehoods and used that as a basis for a complaint. 

There was a case in the mid-two thousand. That kind of worked its way up to the court of appeals in Arizona. And basically, it was one physician who filed a board complaint against a competitor physician. They’re in the same specialty, fighting for patients in the same area, and alleged some things. And the physician who had the complaint. I filed against him and filed a lawsuit against the other doctor. They stated that the other party did not submit the complaint in good faith.

Are There Any Mistakes Physicians Make?

And therefore, he suffered some damage. I’m just going to read what the counts of that lawsuit are. Right? Some counts for the lawsuit are:

• The alleged defamation
• False light invasion of privacy 
• Wrongful institution
• Maintenance of an administrative proceeding 
• Intentional interference with prospective contractual to business relationships
• Injurious falsehood

What the court held, though, was the first count. How honestly did the complaint get filed? Is it in good faith or not? And the court said, yes, it was. They’re saying even if some of the things alleged by the person who filed the complaint were untrue. They believed they were true. They made at least a minimum amount of verification of the facts. And therefore, the other party filed the complaint in good faith. And so, the physician who filed the complaint against him couldn’t recover any damages.

We have a case currently with the Arizona medical board. We’re representing a client, and I won’t get into the details of it. However, I can give broad strokes. In this case, a patient alleged that our client gave them on a certain date, a specific procedure. Then, there was a negative outcome during the process after a review of the medical records. Our client never saw the patient on the alleged date. Never even provided the procedure alleged by the patient. And then, obviously, the bad outcome didn’t occur either. So, did that person file a complaint in bad faith? Well, we believe, yes. As I stated before, how honestly does the complaint get filed? Do you need to determine whether the person who filed the complaint attempted to verify any information?

Medical Board Complaints

In this case, obviously, no. What could someone do to verify the information? They could call the office and prove when they saw the physician. Request the medical records, review those, and talk to the people involved. A minimum base amount of effort needs to be given to verify allegations. And if the complainant, the person who files a complaint, doesn’t do any of that. Then that indeed allows whoever had the complaint filed against them to argue that it was filed in bad faith. 

It is a reasonably nuanced topic. In summary, can you sue someone for filing a false board complaint in Arizona? The answer is yes, you can, under certain circumstances. But it’s an exciting topic to discuss. As I stated, my firm Chelle Law represents physicians before the Arizona medical board and osteopath boards. If you have any questions, we’re certainly happy to answer them. Just give us a call, the number is listed below in the description, or you can visit us on our website, Chelle law.com, C H E L L E law.com. Hopefully, this is informative. Please comment if you have suggestions for other topics you want me to discuss. I’ll be happy to do that. So anyway, thanks for listening, and take care.

How Long Does an Arizona Medical Board Investigation Take?

What can a physician expect when someone files a complaint against their license with the Arizona Medical Board? And how long does it typically take for that complaint process to resolve? Unfortunately, like with many things in the law, the answer is it depends. There are a variety of factors that can affect the length of the investigation. For example, if there are several complaints against the physician, the allegations are of substance abuse or sexual. And the Board feels that they need additional information in the form of an evaluation. That can certainly prolong the course of the investigation while the physician undergoes some evaluation.

If the Physician Accepts the Consent Agreement

In addition, if the case is resolved and the Board offers the physician a consent agreement to resolve the matter. Or a non-disciplinary outcome such as a dismissal or an advisory letter. That could shorten the process if the physician, for example, chooses to accept the consent agreement or the advisory letter. And, of course, accept the dismissal as the case’s outcome.

However, suppose the board staff concludes its investigation into the matter and perhaps offers the physician a disciplinary consent agreement. In that case, the physician can reject that consent agreement and proceed to a formal interview before the Board. Or ask that the board staff refer the matter to the office of administrative hearings for a formal hearing. Suppose the physician chooses to proceed with a formal interview or hearing. This can delay the resolution of the process because that takes more time. Typically, the Arizona medical board sends out letters to the physicians at the beginning of an investigation. They indicate that the complaint investigation process normally takes about six months.

Manage Expectations

In our experience, we find that the investigations typically take closer to a year. So, suppose you are under investigation, or you receive a notification of a complaint against you. In that case, it’s essential to manage your expectations. And know that it could be several months and over a year before the matter fully resolves. Also, again, that timeline can vary based on many of the factors I have discussed today. Suppose you are a physician and have found yourself under investigation by the Arizona medical board. If you feel like you need additional information or us to help guide you through the process. Please do not hesitate to reach out.

What’s an advisory letter from the Arizona Medical Board, and is an advisory letter against a physician a public document? Suppose you are a physician under investigation by the medical board. Once the investigation concludes, the medical board may vote to resolve your matter by issuing an advisory letter. An advisory letter is a non-disciplinary letter. It states that while the activities of the physician may not rise to the level of disciplinary action. Or rise to a violation of the medical practice act. Continuing these activities by the physician could lead to disciplinary action or a potential violation in the future. Again, the letter is issued to resolve the case.

Available Upon Public Records Request

And again, that is a non-disciplinary letter. Now, even though it’s non-disciplinary, we have a statute here in Arizona. A statute allowing the medical board to provide a copy of that letter to the public upon request. So, essentially, they will keep the letter in your file at the Arizona medical board. Should someone from the public make a public records request? According to the statute, the medical board must provide the letter.

Are Advisory Letters in the Public Records?

Now, the benefit of an advisory letter. While it is subject to a public records request, the medical board’s website won’t report it in their recent actions. In addition, it is not reported to the national practitioner data bank as a disciplinary action. 

Another thing to keep in mind about the publicity of advisory letters is that neither the national practitioner data bank nor the medical board website reports them. The Arizona State Board then holds open meetings to discuss the issues under investigation, which are brought before the board for a vote on a resolution.

The Arizona medical board’s meetings are subject to open meeting laws. Just like every other regulatory board here in this state. Everything discussed in the board meeting schedule, except for confidential matters in the executive session, is available to the public. So let’s say a letter of advice is used to resolve your case. In that case, they will probably talk about it at the public medical board meeting of the Arizona board. Additionally, the agenda and those minutes are available on the board’s website.

But again, that is something that you must know where to look to find those minutes. So, as a general matter, the number of places that the public can find an advisory letter is limited. Particularly compared to the reporting of disciplinary action against the physician’s license. 

Need More Information?

Should you have any additional questions about this topic. Or should you find yourself under investigation by the board, please do not hesitate to give us a call.

Other Blogs of Interest

• How Long Does an Arizona Medical Board Investigation Take?
• When is Discipline from the Arizona Medical Board Removed from the NPDB?

What is a Summary Suspension by the Arizona Medical Board?

What is a summary suspension for a physician licensed with the Arizona Medical Board? And what does that process look like? And what can a physician expect if they find themselves in a proceeding to suspend their license summarily? 

Medical Board Actions To Protect Public Health, Safety, and Welfare

A summary suspension is an emergency action the Arizona Medical Board takes. If they believe that the public health, safety, and welfare imperatively require emergency action against a physician’s license. The board does this to restrict all or some of their practice. So, this is an action the board takes before the allegations of unprofessional conduct are fully investigated. The physician has had an opportunity for a formal interview or hearing on the allegations.

Suppose the board feels the allegations are serious enough. So serious that they cannot put off action against the license until the investigation has concluded. In that case, they can summarily suspend. If they believe that harm could come to the public while board staff is completing their investigation into the allegations. This can be an action the board staff recommends to the board to restrict the physician’s ability to practice completely. It could be an action the board staff takes. Should a physician refuse to sign an interim practice restriction during the investigation?

If the board staff receives a complaint with serious allegations. If they’re concerned about the physician’s ability to practice then, they can offer an interim practice restriction. To prohibit or limit some of that physician’s practice activities while they gather more information about the allegations. 

Say a physician refuses to sign an interim practice restriction offered by board staff during the investigation. The board staff’s recourse at that point is to proceed with a summary suspension of the physician’s license. Which again is asking the board to suspend and restrict the physician’s ability to practice pending a formal administrative hearing into the allegations.

Right by Statute

If the board votes to summarily suspend a physician’s license and finds that emergency action is required to protect the public’s health, safety, and welfare. The physician has a right by statute to have an administrative hearing held on the allegations. And within 60 days of the summary suspension. At that point, should the board vote to summarily suspend the physician’s license, they would refer the matter to the office of administrative hearings for a full evidentiary hearing.

By statute, that hearing must be held within 60 days of the summary suspension by the board. Should you find yourself under investigation by the Arizona Medical Board. Or in the process of summary suspension proceedings or a subsequent formal hearing after you’ve been summarily suspended. Please do not hesitate to contact our firm if you need advice or assistance.

Can a Physician Request a Hearing with the Arizona Medical Board?

I wanted to briefly discuss today the formal hearing process after the conclusion of a medical board investigation. What does that mean? What are your options regarding requesting a formal hearing? After an investigation by medical board staff into allegations of unprofessional conduct, board staff will reach out to the physician. And let them know that the matter has closed.

In many cases, a consent agreement will be offered for some discipline the physician can sign at that point. To resolve the matter. So, this will be a disciplinary consent agreement for a term of probation. With various stipulations and requirements for the physician to comply with.

Medical Board Interview

Of course, it can also offer non-disciplinary outcomes at the end of an investigation. It could be an advisory letter or perhaps a full dismissal of the matter. Still, those are not outcomes that would trigger the physician’s right to proceed to a formal hearing. So, suppose they present the physician with an option to sign a disciplinary consent agreement. In that case, there will also be the option and the consent agreement to appear before the Arizona medical board. It’s called a formal interview. In place of a formal interview, the physician can ask that board staff refer the case to the OAH. Or Office of Administrative Hearings for a formal evidentiary hearing on the allegations.

If a physician opts to appear before the Board for a formal interview, it’s a truncated approach to resolving the matter. And it’s shortened. It can result in a similar consent agreement that the Board offered initially. It could always result in a better outcome for the physician, but it could also result in a worse outcome.

The Doctor Can Respond to Allegations in Writing

Suppose the physician declines the formal interview, they decline to sign the consent agreement. They opt to have their matter referred to OAH instead. They assign the case to one of the Board’s litigation councils. Then they will then proceed with drafting and serving a complaint and notice of hearing. Informing the physician of formal allegations that everyone will hear at the hearing. And its date and time. They will allow the physician to respond to the allegations in writing. With the option of a formal hearing, our statutes here in Arizona also enable a physician to elect to participate. They can partake in an informal settlement conference with board staff and their attorney before attending the hearings.

Arizona Board Attorneys that Can Help

So, suppose the physician does elect to pursue a formal hearing as an option in their case. In that case, they can also ask that board staff and attorneys hold an informal settlement conference. That is to resolve the matter instead of going forward with that formal hearing. 

If you are a physician here in Arizona, you’re under investigation by the Arizona medical board. The investigation has concluded. And now, you must decide which option to choose and how that may affect your license and practice. If this is you and you need more information and guidance moving forward, please feel free to contact our firm.

Is a Letter of Reprimand from the Arizona Medical Board Public?

What is a letter of reprimand from the Arizona Medical Board, and is it a public document? What does that mean? And what is it? And what can you expect if that is something the board issues to resolve an outstanding investigation with the board? Upon receipt of an unprofessional conduct complaint, the board will investigate those allegations against the physician’s license. In other words, they may collect additional evidence and interview witnesses. And determine whether there is enough veracity to the allegations to warrant some disciplinary action against the physician’s license. 

Now, they could issue a letter of reprimand without a term of probation. That’s also an option. However, even standalone, a reprimand letter is still considered disciplinary action. Disciplinary action is significant and differs from a non-disciplinary action in that it is reportable. Not only on the board’s website but also on the National Practitioner Data Bank since the Arizona Medical Board must report certain adverse actions against its physician’s licenses to the National Practitioner Data Bank.

It is Still a Disciplinary Action

Now, they could issue a letter of reprimand without a term of probation. That’s also an option, but again, even standalone, a letter of reprimand is still considered to be disciplinary action. A disciplinary action, the reason that it is significant and differs from a non-disciplinary action is that it is reportable. Not only on the board’s website but also the National Practitioner Data Bank. Since the Arizona Medical Board must report certain adverse actions against its physician’s licenses to the National Practitioner Data Bank.

So, a letter of reprimand is public. According to the statute, they will post it for up to five years on the Arizona Regulatory Board website. In addition, it will also be reported to the National Practitioner Data Bank. A report which certain employers can pull, healthcare organizations, et cetera. 

Is this You?

Suppose you are in the middle of an investigation with the Arizona Medical Board. Or if they’ve issued you or offered a letter of reprimand to resolve the case. Please do not hesitate to contact us. Especially if you need more information about what that means. And professional opinion on how it can affect your practice and your license.

What practice restrictions can the Arizona Medical Board impose on a physician? What are some common types of practice restrictions? And how can we assist you if you find yourself in a situation where the Arizona medical board asks you to sign a practice restriction? 

Interim Practice Restriction

When a physician is under investigation by the Arizona medical board, the Arizona medical board may reach out to the physician and ask them to sign an interim practice restriction. And essentially, that means they want to restrict all or part of the physician’s practice during the investigation into the allegations of unprofessional conduct.

In other words, depending on the nature and severity of allegations and the number of complaints that may be before the board. Board staff may feel it’s appropriate to limit or fully restrict the physician’s practice of medicine. At the same time, they determine whether there is any veracity to the allegations that have been made. So, a practice restriction is commonly done during the investigation before the board can thoroughly investigate and bring the case to a complete resolution. This is why it’s called an interim practice restriction. And again, the temporary practice restrictions can vary.

What Happens to a Physician Under State Restriction?

We sometimes see a complete restriction on a physician’s ability to practice medicine. And then sometimes we see restrictions on certain activities. Again, it doesn’t prevent them from practicing medicine, but may prevent them from doing certain things or maybe require certain things, some sort of a monitor chaperone during their practice, depending on the type, nature, severity, and a number of allegations against the physician. There is also an opportunity or possibility for a practice restriction to appear in a final consent agreement for probation.

And this is a disciplinary action against the physician’s license. It is issued at the end of an investigation as the case resolution. And typically, suppose the board and board staff has found that the physicians’ activities or the allegations contained in the complaint rise to a level of violating the Arizona medical practice act. In that case, they may impose discipline on the physician in the form of probation. And as part of the probation, there may also be a practice restriction like what you would see in the interim practice restrictions during the investigation.

What Should You Do if You Are Under Investigation by the Arizona Medical Board?

So, typically, that will not be a complete ban on the physician’s practice because, in that case, they would revoke the license, allow the surrender of the license, or perhaps suspend the license for a period. But there are practice restrictions that can appear in final probationary orders to limit certain activities of the physician or require additional reporting or oversight of specific activities by a physician. If you are a physician here in Arizona and find yourself under investigation by the Arizona medical board, you have been offered a practice restriction. If you need advice on what to do or have general questions, please do not hesitate to reach out.

Other Blogs of Interest

• Is a Letter of Reprimand from the Arizona Medical Board Public?
• How Long are Physician Locum Tenens Agreement? | Medical Contract

Can You Sue Someone for Filing a False Complaint With the Arizona Medical Board?

Hi, my name is Robert Chelle with Chelle Law. My firm represents physicians before the Arizona medical board and the osteopathic board. We’ve been representing healthcare providers in Arizona for over a decade now. And one thing that comes up semi-frequently is the question. Can you sue someone for filing a false board complaint in Arizona? Pretty simple question. The answer is yes, but there are some caveats we will go over right now. Every board has a statute. They’re in Arizona revised regulations, which lay the groundwork for what the board can and can’t do. In the law for the Arizona medical board, there’s a section. I’m going to read it, which says any person or entity that reports or provides information to the board in good faith. That person is not subject to an action for civil damages.

Arizona Medical Board

In summary, anyone who files a board complaint in good faith can’t be sued for civil damages. The most important part of that section is good faith. What is good faith? This means if someone honestly believes that the physician committed misconduct, did something illegal, or violated the statute. They’re immune from civil damages. The only way that a physician could sue someone for filing a board complaint is if it was false and in bad faith. People can file a reasonable faith complaint with bad intentions. You could have a patient who wants to stick it to the doctor, a competitor physician who’s doing the same, or an employer who is somehow upset about their relationship terminating.

Licensing Board Complaint

If any of those people filed a good faith argument, they believed that whatever the physician did could violate the statute. They’d be immune from a civil lawsuit. If you sue the person, you must prove they acted in bad faith. They knew that what they were alleging was false. Potentially they made up falsehoods and used that as a basis for a complaint. There was a case in the mid-two thousand. That kind of worked its way up to the court of appeals in Arizona. And basically, it was one physician who filed a board complaint against a competitor physician. They’re in the same specialty, fighting for patients in the same area, and alleged some things. And the physician who had the complaint. I filed against him and filed a lawsuit against the other doctor. They stated that the other party did not submit the complaint in good faith.

Are There Any Mistakes Physicians Make?

And therefore, he suffered some damage. I’m just going to read what the counts of that lawsuit are. Right? Some counts for the lawsuit are:

• The alleged defamation
• False light invasion of privacy 
• Wrongful institution
• Maintenance of an administrative proceeding 
• Intentional interference with prospective contractual to business relationships
• Injurious falsehood

What the court held, though, was the first count. Was the complaint filed in good faith or not? And the court said, yes, it was. They’re saying even if some of the things alleged by the person who filed the complaint were untrue. They believed they were true. They made at least a minimum amount of verification of the facts. And therefore, the other party filed the complaint in good faith. And so, the physician who filed the complaint against him couldn’t recover any damages.

We have a case currently with the Arizona medical board. We’re representing a client, and I won’t get into the details of it. However, I can give broad strokes. In this case, a patient alleged that our client gave them on a certain date, a specific procedure. Then, there was a negative outcome during the process after a review of the medical records. Our client never saw the patient on the alleged date. Never even provided the procedure alleged by the patient. And then, obviously, the bad outcome didn’t occur either. So, did that person file a complaint in bad faith? Well, we believe, yes. As I stated before when looking at whether a complaint is filed in good or bad faith. Do you need to determine whether the person who filed the complaint attempted to verify any information?

Medical Board Complaints

In this case, obviously, no. What could someone do to verify the information? They could call the office and prove when they saw the physician. Request the medical records, review those, and talk to the people involved. A minimum base amount of effort needs to be given to verify allegations. And if the complainant, the person who files a complaint, doesn’t do any of that. Then that indeed allows whoever had the complaint filed against them to argue that it was filed in bad faith. 

This is a reasonably nuanced topic. In summary, can you sue someone for filing a false board complaint in Arizona? The answer is yes, you can, under certain circumstances. But it’s an exciting topic to discuss. As I stated, my firm Chelle Law represents physicians before the Arizona medical board and osteopath boards. If you have any questions, we’re certainly happy to answer them. Just give us a call, the number is listed below in the description, or you can visit us on our website, Chelle law.com, C H E L L E law.com. Hopefully, this is informative. Please comment if you have suggestions for other topics you want me to discuss. I’ll be happy to do that. So anyway, thanks for listening, and take care.

What is a Summary Suspension by the Arizona Medical Board? | License Suspension

What is a summary suspension for a physician licensed with the Arizona Medical Board? What does that process look like? And what can a physician expect if they find themselves in a proceeding to suspend their license summarily? 

To Protect Public Health, Safety, and Welfare

A summary suspension is an emergency action the Arizona Medical Board takes if they believe that the health, safety, and welfare of the public imperatively requires emergency action against a physician’s license to restrict all or some of their practice. So, this is an action the board takes before the allegations of unprofessional conduct are thoroughly investigated. The physician has had an opportunity for a formal interview or hearing on the allegations.

Suppose the board feels the allegations are serious enough. So severe that they cannot put off action against the license until the investigation has concluded. In that case, they can summarily suspend. If they believe that harm could come to the public while board staff is completing their investigation into the allegations. This can be an action the board staff recommends to the board to restrict the physician’s ability to practice completely. It could be an action the board staff takes. Should a physician refuse to sign an interim practice restriction during the investigation?

Suppose the board staff receives a complaint with serious allegations. If they’re concerned about the physician’s ability to practice, then they can offer an interim practice restriction. To prohibit or limit some of that physician’s practice activities while they gather more information about the allegations. 

Say a physician refuses to sign an interim practice restriction offered by board staff during the investigation. The board staff’s recourse at that point is to proceed with a summary suspension of the physician’s license. This again is asking the board to suspend and restrict the physician’s ability to practice pending a formal administrative hearing into the allegations.

Right by Statute 

Suppose the board votes to summarily suspend a physician’s license and finds that emergency action is required to protect the public’s health, safety, and welfare. The physician has a right by statute to have an administrative hearing held on the allegations. And within 60 days of the summary suspension. At that point, should the board vote to summarily suspend the physician’s license? They would refer the matter to the office of administrative hearings for a full evidentiary hearing.

By statute, that hearing must be held within 60 days of the summary suspension by the board. Should you find yourself under investigation by the Arizona Medical Board. Or in the process of summary suspension proceedings or a subsequent formal hearing after you’ve been summarily suspended. Please do not hesitate to contact our firm if you need advice or assistance.

Should an Arizona Physician Ever Surrender Their License?

Should you surrender your license if you have found yourself under investigation by the Arizona medical board? Voluntary surrender is when a physician chooses to give up their license and cease practicing medicine in Arizona to resolve or conclude an open investigation with the board into allegations of unprofessional conduct. And it’s significant because a voluntary surrender is a disciplinary action against the physician’s license; therefore, it is reportable. That means that once the physician surrenders their license, the board will go through its normal reporting process and report the voluntary surrender to the national practitioner data bank. It will also post a record of the voluntary surrender on the board website.

Surrendering the Physicians License Voluntarily: The Consent Agreement

When physicians choose to surrender their license voluntarily, it is usually in the form of a consent agreement for voluntary surrender. The consent agreement will include factual findings, legal conclusions, and a surrender order. The findings will be made public on the websites of the Arizona Medical Board and the National Practitioner Data Bank, making them significant. As a result, it ensures that the results of significant discoveries are included in your voluntary surrender document. If you go down that road, it’s only fair that you have a say in what’s said to the extent that the board staff will let you change the conclusions.

What Should You Consider When Surrendering Your License Voluntarily?

It should also consider that a voluntary surrender is something that can affect, obviously, licenses in other states. So, if you are under investigation in Arizona, maybe you hold licenses in several other states. You’ve had a complaint filed against you with the board, and you think it’s easier to surrender your Arizona license. So you don’t have to deal with going through the investigative process. That is one crucial consideration because if you choose to submit your license here in Arizona, that could also impact the other states where you hold a medical licenses.

Another thing about a voluntary surrender is that it is usable as a means for the office of the inspector general to place you on an exclusion list. That prohibits you from billing a federal insurance program. A voluntary surrender revocation or suspension of a state license is grounds for what the OIG calls a permissive exclusion. Voluntary surrender of your medical license could also trigger the OIG to place you on that exclusion list. There are a lot of factors to consider if you are considering surrendering a license. It is a serious decision that may result in disciplinary action against a physician’s medical license. It affects where it is reported, the medical licenses of other states, and other effects such as being reported to the OIG and having consequences.