For individuals who receive an unfavorable decision from the Arizona Nursing Board the news is always disappointing. However, there is an Arizona Board of Nursing appeal process that could benefit some nurses. According to current rules, any nurse may request an appeal to an administrative law judge with the Arizona Office of Administrative Hearings.
The rules state:32-1665. Rehearing; judicial review
A. Any person aggrieved by an order of the board denying approval or certificate and any regulated party who is aggrieved by a disciplinary order of the board may file a motion for rehearing or review pursuant to title 41, chapter 6, article 10.
B. Except as provided in section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6.
The rules also state those who have been aggrieved by an order by the Board have 30 days to request an appeal with an ALJ (Administrative Law Judge) at OAH (Office of Administrative Hearings). This can also be used to reach a settlement with the Assistant Attorney General at the Board.
What does this mean in simple terms?
The process and the appeal’s process work like this:
A complaint is filed with the Arizona Board of Nursing. It is then followed by an investigation. This investigation gives the Board evidence to make a decision. This decision can then be appealed by a nurse. After this, another hearing would then take place and the Board would issue a decision (again). After this, a nurse may then appeal to superior court if necessary.
Contact an attorney.
It is crucial for those wishing to file an appeal to have qualified legal representation working on their behalf. An experienced and qualified health care attorney can help draft the appeal and ensure that all avenues of defense are explored.
If you need assistance with an Arizona Nursing Board appeal, contact Chelle Law. We have the experience and expertise required to assist those attempting to keep their license.
Who is the Arizona Board of Nursing?
The Arizona Board of Nursing regulates practicing nurses who reside in Arizona. This Board governs the issuance of licenses, registrations and certificates for these individuals. The Board also launches investigations when complaints are made and looks into self-reports concerning a nurse’s possible non-compliance with the law. Once an investigation is completed and the Board has discovered Arizona’s Nurse Practice Act has been violated they then administer disciplinary actions.
LICENSING BOARD: Arizona Board of Nursing
ADDRESS: 4747 North 7th Street, Suite 200
Phoenix, AZ 85014-3655