Health Professionals

Arizona Board of Chiropractic Examiners Complaint – Formal Hearing

Image by Alisha Vargas

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.