First, you should immediately contact a lawyer who has experience handling matters before the Arizona Board of Osteopathic Examiners.  The attorneys at Gallagher & Kennedy have appeared before virtually all of the professional licensing boards in the State of Arizona, including the AZDO.gov Board.  Consult with a criminal law attorney at Gallagher & Kennedy (602) 510-9999 for any specific questions regarding your license and reporting requirements.

After you have consulted with an attorney, you and your attorney must immediately report the pending charge to the Board.  Indeed, if the charges are not reported within the 10-day statutory window, then you’ll also be dealing with the issue of failing to report – which the State of Arizona has deemed to be an act of unprofessional conduct.  Put another way, the failure to timely report is going to compound the issues that you’re facing with regard to your professional license.

Once reported, the Board will conduct its own investigation into the pending charges and require you (through your attorney) to provide additional information to the Board.

Oftentimes, if there have been no prior issues with the Board, the Board will recommend a substance abuse screening and treatment program.  The Board been specifically authorized by the State of Arizona to establish a confidential program for the treatment and rehabilitation of licensees who may be impaired by substance abuse (as defined by A.R.S. § 32- 1861).

When the treatment is completed, a physician is often determined to be safe to return to practice,  provided that the physician is willing to enter the Board’s Monitored Aftercare Program (MAP).  Placement in MAP allows the Board to monitor a physician’s recovery and learn of any relapse events.  The Board will typically offer a stipulated agreement for the monitoring of the physician’s rehabilitation.  So long as there is evidence of the physician’s intent to comply, the stipulation will be entered after consultation with the Board’s Investigative Staff, a medical consultant, and a Board member.

If you’re a licensed Medical Doctor in the State of Arizona, the Arizona Board of Medical Examiners requires you, under certain circumstances, to report the accusation of any crimes that the Medical Board has determined to affect patient safety.  You should note that if you’re a Doctor of Osteopathy, you are governed by a different professional licensing board, and the reporting requirements still apply, but the way that the reporting is handled is slightly different.

A.R.S. § 32-3208 specifically states that a health professional who has been charged with a misdemeanor involving conduct that may affect patient safety or a felony after receiving or renewing a license or certificate must notify the health professional’s regulatory board in writing within ten (10) working days after the charge is filed.  Additionally, A.R.S. § 32-1401 requires the reporting of any felony or misdemeanor involving “moral turpitude” because the Medical Board has determined that an act of moral turpitude is a de facto act of “unprofessional conduct.”

It is important to note that the mandatory reporting is triggered not by a conviction, but simply the charge or accusation.  Put another way, if you are charged with a crime that the Medical Board has determined to affect patient safety or has deemed to be a crime of moral turpitude, you MUST report the accusation, or charged crime, within ten (10) days of the accusation.

To add to the confusion, there are many offenses (reportable misdemeanors) that don’t, on their face, appear to be related to patient care or involve moral turpitude that the Medical Board still requires you to report.  (Visit: https://azmd.gov/regulation/regulation for more information.)  For instance, both misdemeanor assault, as well as misdemeanor driving under the influence, are required to be reported to the Medical Board within ten (10) days of the charges being filed.

If you’re confused, you’re not alone.

If you are an M.D., D.O., or any other licensed medical or healthcare professional that’s been accused of a crime (or an event deemed to affect patient safety), it is imperative that you contact a lawyer who is experienced in dealing with the professional licensing boards in the State of Arizona.  The attorneys at Gallagher & Kennedy have a wealth of experience in assisting medical and healthcare professionals with Board reporting as well as guiding you through any subsequent Board investigation. Consult with a criminal law attorney at Gallagher & Kennedy (602) 510-9999.