The Arizona Board of Nursing regulates those engaged in the practice of nursing in Arizona. The Board governs the issuance of licenses, registrations and certificates for individuals. The Board initiates investigations into complaints and self-reports concerning a nurse’s possible non-compliance with the law, and determines and administers disciplinary actions if it is determined that Arizona’s Nurse Practice Act has been violated.
While an unfavorable decision from the Arizona Nursing Board is disappointing, you have the opportunity to appeal. Under the 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 that those aggrieved by an order by the Board has 30 days to request an appeal with an ALJ (Administrative Law Judge) at OAH (Office of Administrative Hearings) which can also be used to reach a settlement with the Assistant Attorney General at the Board.
In simple terms, the process and the appeal’s process works like this:
The complaint is filed, followed by an investigation, the board makes a decision, the nurse may file an appeal, another hearing takes place, the board issues its decision (again), nurse may then appeal to superior court if necessary.
It is crucial that those wishing to file an appeal have qualified legal representation working on their behalf. An experienced and qualified attorney can help draft the appeal and ensure that all avenues of defense are explored.
When you need assistance with a Nursing Board appeal, you should use the attorneys at Chelle & Zoldan. We have the experience and expertise required to assist those who are attempting to keep their license.
For Your Information:
LICENSING BOARD: Arizona Board of Nursing
ADDRESS: 4747 North 7th Street, Suite 200
Phoenix, AZ 85014-3655