32-1855. Disciplinary action; duty to report;
hearing; notice; independent medical examinations; surrender of
license
A. The board on its own motion may investigate any information that appears to show
that an osteopathic physician and surgeon is or may be guilty of unprofessional conduct
or is or may be mentally or physically unable safely to engage in the practice of
medicine. Any osteopathic physician or surgeon or the Arizona osteopathic medical
association or any health care institution as defined in section 36-401 shall, and any
other person may, report to the board any information the physician or surgeon,
association, health care institution or other person may have that appears to show that
an osteopathic physician and surgeon is or may be guilty of unprofessional conduct or is
or may be mentally or physically unable safely to engage in the practice of medicine.
The board shall notify the doctor about whom information has been received as to the
content of the information as soon as reasonable after receiving the information. Any
person who reports or provides information to the board in good faith is not subject to
civil damages as a result of that action. If requested the board shall not disclose the
informant's name unless it is essential to the disciplinary proceedings conducted
pursuant to this section. It is an act of unprofessional conduct for any osteopathic
physician or surgeon to fail to report as required by this section. The board shall
report any health care institution that fails to report as required by this section to
that institution's licensing agency. A person who reports information in good faith
pursuant to this subsection is not subject to civil liability.
B. The board may require a physician under investigation pursuant to subsection A
of this section to be interviewed by the board or its representatives. The board or the
executive director may require a licensee who is under investigation pursuant to
subsection A of this section to undergo at the licensee's expense any combination of
medical, physical or mental examinations the board finds necessary to determine the
physician's competence.
C. If the board finds, based on the information it received under subsections A and
B of this section, that the public health, safety or welfare imperatively requires
emergency action and incorporates a finding to that effect in its order, the board may
order a summary suspension of a license pending proceedings for revocation or other
action. If an order of summary suspension is issued, the licensee shall also be served
with a written notice of complaint and formal hearing setting forth the charges made
against the licensee and is entitled to a formal hearing on the charges pursuant to title
41, chapter 6, article 10. Formal proceedings shall be promptly instituted and
determined.
D. If, after completing its investigation, the board finds that the information
provided pursuant to this section is not of sufficient seriousness to merit direct action
against the physician's license, it may take any combination of the following actions:
1. Dismiss if, in the opinion of the board, the information is without merit.
2. File a letter of concern.
3. In addition to the requirements of section 32-1825, require continuing medical
education on subjects and within a time period determined by the board.
4. Issue a nondisciplinary order requiring the licensee to complete a prescribed
number of hours of continuing education in an area or areas prescribed by the board to
provide the licensee with the necessary understanding of current developments, skills,
procedures or treatment.
E. If, in the opinion of the board, it appears that information provided pursuant
to this section is or may be true, the board may request an investigative hearing with
the physician concerned. At an investigative hearing the board may receive and consider
sworn statements of persons who may be called as witnesses in a formal hearing and other
pertinent documents. Legal counsel may be present and participate in the meeting. If the
physician refuses the request or if the physician accepts the request and the results of
the investigative hearing indicate suspension of more than twelve months or revocation of
the license may be in order, a complaint shall be issued and an administrative hearing
shall be held pursuant to title 41, chapter 6, article 10. If, after the investigative
hearing and a mental, physical or medical competence examination as the board deems
necessary, the board finds the information provided pursuant to this section to be true
but not of sufficient seriousness to merit suspension or revocation of the license, it
may take any of the following actions:
1. Dismiss if, in the opinion of the board, the information is without merit.
2. File a letter of concern.
3. In addition to the requirements of section 32-1825, require continuing medical
education on subjects and within a time period determined by the board.
4. Issue a decree of censure, which constitutes an official action against a
physician's license.
5. Fix a period and terms of probation best adapted to protect the public health
and safety and rehabilitate or educate the physician concerned. Any costs incidental to
the terms of probation are at the physician's own expense.
6. Restrict or limit the physician's practice in a manner and for a time determined
by the board.
7. Suspend the physician's license for not more than twelve months.
8. Impose a civil penalty of not to exceed five hundred dollars for each violation
of this chapter.
9. Issue a nondisciplinary order requiring the licensee to complete a prescribed
number of hours of continuing education in an area or areas prescribed by the board to
provide the licensee with the necessary understanding of current developments, skills,
procedures or treatment.
10. Issue an administrative warning.
F. If, in the opinion of the board, it appears the charge is of such magnitude as
to warrant suspension for more than twelve months or revocation of the license, the board
shall immediately initiate formal revocation or suspension proceedings pursuant to title
41, chapter 6, article 10. The board shall notify a licensee of a complaint and hearing
by certified mail addressed to the licensee's last known address on record in the board's
files.
G. If the physician wishes to be present at the investigative or administrative
hearing in person or by representation, or both, the physician shall file with the board
an answer to the charges in the complaint. The answer shall be in writing, verified under
oath and filed within twenty days after service of the summons and complaint.
H. A physician who complies with subsection G of this section may be present at the
hearing in person with counsel and witnesses.
I. A physician who, after an investigative or administrative hearing, is found to
be guilty of unprofessional conduct or is found to be mentally or physically unable
safely to engage in the practice of osteopathic medicine is subject to any combination of
censure, probation, suspension of license, revocation of license, an order to return
patient fees, imposition of hearing costs, imposition of a civil penalty of not to exceed
five hundred dollars for each violation for a period of time, or permanently, and under
conditions the board deems appropriate for the protection of the public health and safety
and just in the circumstances. The board may charge the costs of an investigative or
administrative hearing to the licensee if pursuant to that hearing the board determines
that the licensee violated this chapter or board rules.
J. If the board acts to modify a physician's prescription writing privileges, it
shall immediately notify the state board of pharmacy and the federal drug enforcement
administration in the United States department of justice of the modification.
K. The board shall report allegations of evidence of criminal wrongdoing to the
appropriate criminal justice agency.
L. Notice of a complaint and administrative hearing is effective when a true copy
of the notice is sent by certified mail to the licensee's last known address of record in
the board's files and is complete on the date of its deposit in the mail. The board shall
hold an administrative hearing within one hundred twenty days after that date.
M. The board may accept the surrender of an active license from a licensee who
admits in writing to having committed an act of unprofessional conduct or to having
violated this chapter or board rules.
|