Archives for March 2011

Arizona Board of Physical Therapy Continuing Education Waiver

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The Arizona Board of Physical Therapy (“Board”) requires that in order to renew a physical therapist (“licensee”) license the licensee must complete 20 contact hours of continuing competence during each 2 year licensure period.  The Board holds that the licensure period initiates on September 1 of even-numbered years and finishes on August 31st of the following even-numbered year.

A licensee who fails to complete 20 hours of continuing education units within the specified period is subject to discipline and penalties.  However, the Board shall give the licensee 6 months to satisfy the continuing competence requirements.

Waiver

The Board may grant a waiver of continuing education is the licensee submits a written request to the Board.  The letter must clearly state the reasons for the waiver request.  Additionally, the licensee must submit any additional documentation or information that Board deems necessary to make a determination.

The Board may grant a waiver of continuing competence for issues of extreme hardship, such as, active military service, disability, illness or other unusual situations.

If you have a question about continuing education requirements for the Arizona Board of Physical Therapy contact Attorney Robert Chelle.

Arizona Board of Physical Therapy Continuing Competence

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The Arizona Board of Physical Therapy (“Board”) requires that in order to renew a physical therapist (“licensee”) license the licensee must complete 20 contact hours of continuing competence during each 2 year licensure period.  The Board holds that the licensure period initiates on September 1 of even-numbered years and finishes on August 31st of the following even-numbered year.

A licensee who fails to complete 20 hours of continuing education units within the specified period is subject to discipline and penalties.  However, the Board shall give the licensee 6 months to satisfy the continuing competence requirements.

The Board will send the physical therapist a Notice of Noncompliance if the licensee has either failed to complete 20 hours, lied about completing 20 hours or completed continuing education units that the Board did not accept as valid.  The Board issues very specific guideline as to what constitutes a valid continuing education unit, so make certain that the units you are completing satisfy the Board.

No physical therapist  ever wants to open up their license to an investigation, so be careful and complete your continuing competence requirements on time.

If you have a question about continuing education requirements for the Arizona Board of Physical Therapy contact Attorney Robert Chelle.

Arizona Professional License Defense Attorney

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It is vital to preserve the time and effort invested in receiving a professional license.  I represent professionals in complex administrative hearings in front of licensing boards where their license or ability to work is in question.

A professional must take the necessary steps to nullify or reduce disciplinary actions taken against them and obtaining legal counsel to represent you is the best way to preserve the rights afforded by a license.  If your career is threatened by a complaint, investigation or if you are going to self-report obtaining legal counsel to aggressively defend your interests is the best investment you could make.  I provide legal counsel regarding:

  • Administrative Hearings
  • Diversion Programs
  • Appeals
  • Hearings
  • Appearances before licensing boards
  • Investigations and Interviews
  • Applications for Licensure
  • Licensing / Licensing Boards
  • Complaints
  • Petitions for Judicial Review
  • Disciplinary and Grievance Proceedings
  • Trial Proceedings

If you are in need of a professional license defense attorney contact Arizona Attorney Robert Chelle.

Arizona Board of Nursing Acts of Unprofessional Conduct

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The Arizona Board of Nursing (“Board”) specifically designates a number of acts that are considered unprofessional conduct. If the Board determines that a licensed or certified nurse has committed an act of unprofessional conduct the Board may impose disciplinary action. The disciplinary action can include probation, suspension or revocation of a nurse’s license or certificate. The laws specifically state that the acts leading to a finding of unprofessional conduct do not have to occur in Arizona, they can occur anywhere else.

Some of the acts of unprofessional conduct include (this is not an all-inclusive list):

  • Committing a felony or a misdemeanor involving moral turpitude.
  • Any conduct that is harmful to the health of a patient or the public.
  • Having a license or certificate denied, suspended, limited or revoked in another jurisdiction and not reinstated by that jurisdiction.
  • Failing to comply with a board order.
  • Failing to self-report a conviction for a felony or undesignated offense within ten days after the conviction.
  • Cheating on a licensure or certification examination.

There are some very specific reporting rules regarding self-reporting criminal charges to the Board.  Be aware that you must report most criminal charges to the Board within 10 days or you will likely be disciplined A licensed or certified nurse is held to a higher standard with regards to conduct and it is imperative that you don’t risk your license for simply failing to report an act to the Board.

If you have any questions regarding what act the Arizona Board of Nursing considers unprofessional conduct contact Attorney Robert Chelle.

Arizona Board of Nursing Criminal Reporting Requirements

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Arizona law states that any licensed or certified nurse who has been charged with a misdemeanor involving conduct that may affect patient safety must notify the Arizona Board of Nursing (“Board”) in writing within 10 business days after the charge is filed. Being charged with a crime means that a police officer has issued an arrest or citation and has sent copies of their report to the prosecutor’s office for review. Failure to report the criminal charge within 10 business days will result in an act of unprofessional conduct and the Board may impose a fine in addition to disciplinary action.

Arizona has released a list of misdemeanor offenses that have been determined to affect patient safety and are required to be reported to the Board. A licensee or applicant to the Arizona Board of Nursing must report the following charges involving (this is not an all-inclusive list):

  • Shoplifting
  • Contributing to delinquency
  • Harassment
  • Possession with intent to use a controlled substance
  • Misconduct involving weapons
  • Solicitation

There are a large number of crimes that must be reported to the Board if a nurse has been charged. However, most licensed or certified nurses tend to conceal the charge rather than self-report. Unfortunately, if the Board does find out, not only will the nurse face discipline if ultimately convicted of the charge, but they will also receive discipline for concealing the charge as well. Remember, a charge is not a conviction and it is better to reveal the charge at the beginning rather than face a sanction from the Board for failure to disclose.

If you have failed to report a criminal charge to the Arizona Board of Nursing or have an investigation pending against you, contact Chelle Law.

Arizona Board of Nursing Charge Questionnaire

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The Arizona Board of Nursing (“Board”) licenses, certifies, investigates and disciplines all licensed or certified nurses practicing in Arizona.  The Board can initiate an investigation during the following situations:

  • During the application process
  • If the nurse self-reports a violation
  • When a complaint is filed against the nurse

Any time the Board proceeds with an investigation into a possible act of unprofessional conduct by a nurse, the investigator will send the nurse a Questionnaire.  There are different types of Questionnaires that the Board will request the nurse to fill out.

This post will examine the Charge Questionnaire sent to the nurse during an investigation involving possible or past criminal activity of the nurse.  If the nurse was involved in an incident that resulted in a number of different charges/convictions the nurse will have to fill out a different Questionnaire for each offense.

The Questionnaire will ask for the details of the incident, in addition to, all relevant police and court documents.  It is important to keep detailed records of all documents associated with criminal conduct.  Attempting to track down a voluminous amount of documents from different municipalities can take weeks and the nurse generally has 30 days to return the Questionnaire if the nurse doesn’t request additional time.

The Charge Questionnaire will also ask for a list of all of your employers over the last five years (including current contact information).

Receiving a Questionnaire can be a scary thing for any nurse, but it is important that you seek an attorney prior to responding to any request for information from the Board.  A lawyer experienced in dealing with Board investigations can help you prepare a proper and thorough response.

If you have any questions about an Arizona Board of Nursing questionnaire please contact Attorney Robert Chelle.

Arizona Board of Nursing Citation Questionnaire

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The Arizona Board of Nursing (“Board”) licenses, certifies, investigates and disciplines all licensed or certified nurses practicing in Arizona.  The Board can initiate an investigation during the following situations:

  • During the application process
  • If the nurse self-reports a violation
  • When a complaint is filed against the nurse

Any time the Board proceeds with an investigation into a possible act of unprofessional conduct by a nurse, the investigator will send the nurse a Questionnaire.  There are different types of Questionnaires that the Board will request the nurse to fill out.

This post will examine the Citation Questionnaire sent to the nurse during an investigation involving possible or past criminal activity of the nurse.  If the nurse was involved in an incident that resulted in a number of different charges/convictions the nurse will have to fill out a different Questionnaire for each offense.

The Questionnaire will ask for the details of the incident, in addition to, all relevant police and court documents.  It is important to keep detailed records of all documents associated with criminal conduct.  Attempting to track down a voluminous amount of documents from different municipalities can take weeks and the nurse generally has 30 days to return the Questionnaire if the nurse doesn’t request additional time.

The Citation Questionnaire will also ask for a list of all of your employers over the last five years (including current contact information).

Receiving a Questionnaire can be a scary thing for any nurse, but it is important that you seek an attorney prior to responding to any request for information from the Board.  A lawyer experienced in dealing with Board investigations can help you prepare a proper and thorough response.

If you have any questions about an Arizona Board of Nursing Questionnaire please contact Attorney Robert Chelle.

Arizona Board of Nursing Arrest Questionnaire

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The Arizona Board of Nursing (“Board”) licenses, certifies, investigates and disciplines all licensed or certified nurses practicing in Arizona.  The Board can initiate an investigation during the following situations:

  • During the application process
  • If the nurse self-reports a violation
  • When a complaint is filed against the nurse

Any time the Board proceeds with an investigation into a possible act of unprofessional conduct by a nurse, the investigator will send the nurse a Questionnaire.  There are different types of Questionnaires that the Board will request the nurse to fill out.

This post will examine the Arrest Questionnaire sent to the nurse during an investigation involving possible or past criminal activity of the nurse.  If the nurse was involved in an incident that resulted in a number of different charges/convictions the nurse will have to fill out a different Questionnaire for each offense.

The Questionnaire will ask for the details of the incident, in addition to, all relevant police and court documents.  It is important to keep detailed records of all documents associated with criminal conduct.  Attempting to track down a voluminous amount of documents from different municipalities can take weeks and the nurse generally has 30 days to return the Questionnaire if the nurse doesn’t request additional time.

The Arrest Questionnaire will also ask for a list of all of your employers over the last five years (including current contact information).

Receiving a Questionnaire can be a scary thing for any nurse, but it is important that you seek an attorney prior to responding to any request for information from the Board.  A lawyer experienced in dealing with Board investigations can help you prepare a proper and thorough response.

If you have any questions about an Arizona Board of Nursing Questionnaire please contact Attorney Robert Chelle.

Arizona Board of Nursing Questionnaire – Arrest/Citation/Charge

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The Arizona Board of Nursing (“Board”) licenses, certifies, investigates and disciplines all licensed or certified nurses practicing in Arizona.  The Board can initiate an investigation during the following situations:

  • During the application process
  • If the nurse self-reports a violation
  • When a complaint is filed against the nurse

Any time the Board proceeds with an investigation into a possible act of unprofessional conduct by a nurse, the investigator will send the nurse a Questionnaire.  There are different types of Questionnaires that the Board will request the nurse to fill out.

This post will examine the Arrest/Citation/Charge Questionnaire sent to the nurse during an investigation involving possible or past criminal activity of the nurse.  If the nurse was involved in an incident that resulted in a number of different charges/convictions the nurse will have to fill out a different Questionnaire for each offense.

The Questionnaire will ask for the details of the incident, in addition to, all relevant police and court documents.  It is important to keep detailed records of all documents associated with criminal conduct.  Attempting to track down a voluminous amount of documents from different municipalities can take weeks and the nurse generally has 30 days to return the Questionnaire if the nurse doesn’t request additional time.

The Arrest/Citation/Charge Questionnaire will also ask for a list of all of your employers over the last five years (including current contact information).

Receiving a Questionnaire can be a scary thing for any nurse, but it is important that you seek an attorney prior to responding to any request for information from the Board.  A lawyer experienced in dealing with Board investigations can help you prepare a proper and thorough response.

If you have any questions about an Arizona Board of Nursing questionnaire please contact Attorney Robert Chelle.

Arizona Board of Chiropractic Examiners Complaint – Formal Hearing

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The Arizona Board of Chiropractic Examiners (“Board”) administers all investigations and complaints regarding licensed doctors of chiropractic (“Doctor”) in Arizona.  The Board imposes disciplinary action if they determine that a violation has occurred.  The Board has issued an informal explanation of the complaint process.  An investigation by the Board is initiated when; 1) a complaint is filed, 2) the professional self-reports, and 3) when an organization is required by law to report a possible violation to the Board.  The Board’s investigation/adjudication process can be broken down into three stages:

1.       Findings
2.       Board Meeting
3.       Formal Hearing

This post will examine the final stage of the complaint process; Formal Hearing.  A general time-line for the formal hearing stage is as follows:

1.       If the Board believes there is a substantive basis to move the complaint forward, they will vote whether to send the matter to a Formal Hearing.
2. If the matter is moved to a Formal Hearing the doctor and will be notified with a Complaint and Notice of Hearing.
3.       The Complaint and Notice of Hearing will list the date, place and time of the Formal Hearing.  It will also include the factual allegations and charges.
4.       The doctor has the right to be represented by counsel at the hearing.
5.       The complainant will likely be called as a witness at the Formal Hearing.

The Board has stated that the average complaint is resolved within 2.2 months, however, it can take years to resolve a complex complaint that is appealed to the Office of Administrative Hearings or Superior Court.

Any chiropractor under investigation must stay proactive. Contact an attorney as soon as possible, respond to the investigation respectfully and address the Board deferentially. Being under investigation can be an intimidating process, but it is important to stay calm.  Beyond appealing a Board decision to the Superior Court, the Board ultimately determines your fate and showing respect, is in my opinion, one of the most important things a doctor can do during an investigation.

If you have a question about an Arizona Board of Chiropractic Examiners complaint contact Attorney Robert Chelle.