If there is one commonality between Phoenix, Mesa, Tucson, and every other populated locale throughout Arizona, it’s that its citizens struggle. Psychiatrists statewide serve a critical role in helping Arizonans overcome their challenges and live full lives, and in some cases, even avoid making catastrophic decisions they can’t take back.
Yet, it does not always seem as if those who regulate psychiatrists recognize their indispensable nature. Once you are accused of wrongdoing, it can feel like the Arizona Medical Board (AMB) has flipped from regulator to interrogator, and perhaps even prosecutor.
The LLF National Law Firm Professional License Defense Team will be your advisors and advocates. License defense is our sole legal focus, and our experience dealing with disciplinary matters nationwide (including in Arizona) is a priceless asset we encourage you to take advantage of.
Call the LLF National Law Firm today at 888-535-3686 or contact us online. Find out how we have helped psychiatrists take the right path at career-defining junctures, and (specifically) how we will fight for you.
Why Psychiatrists in Arizona Get Their Licenses Taken Away
Well, not every psychiatrist who is found to have violated the expectations of the profession has their license taken away. Some do, but even those who suffer less severe forms of discipline can face substantial harm as a direct result of the sanctions.
Being sanctioned starts with a complaint, and that complaint might accuse a psychiatrist of:
- Interacting inappropriately with a patient
- Violating the patient’s right to privacy
- Engaging in fraud or deception
- Breaking the law
- Failing to maintain extensive, accurate records
- Medication-related errors or misjudgments
A psychiatrist could even be sanctioned for failing to abide by the demands of the AMB, perhaps concerning a prior disciplinary matter.
An Important Point: You Don’t Have to Violate the Medical Practice Act to Face Discipline
Psychiatrists can suffer from idealism when it comes to the professional disciplinary process. You might be tempted to believe that you will only face professional sanctions if you actually violated professional standards.
This is not always the case, as a psychiatrist in Arizona might be vulnerable to being disciplined—and disciplined severely—if they:
- Fail to present a convincing, comprehensive defense because they think the truth is all that matters in disciplinary proceedings
- Do not recognize that certain types of evidence, out of context, reflect poorly upon them
- Do not acknowledge that the complainant is acting out of bad faith, and may work hard to inflict damage upon the psychiatrist’s reputation and life
- Assume that investigators always put all the pieces together on their own
- Give the AMB too much credit when it comes to getting it right during the disciplinary process
Rather than letting the pieces fall where they may, take control of the disciplinary process. Better yet, let an attorney from the LLF National Law Firm Professional License Defense Team take control of it.
We will secure all relevant evidence, organize that evidence to create a clear picture that supports your defense, and ensure the AMB has everything else it needs to rule in your favor.
What the Arizona Medical Board Might Do to a Psychiatrist
The Arizona Medical Board has full authority to determine whether psychiatrists in the state can engage in their profession. When the Board determines that a psychiatrist should be disciplined for violating the Medical Practice Act (or comes close to violating it), the Board’s decision-makers may:
- Take non-disciplinary action: The AMB might decide, after considering all evidence and information, that you did not violate the Medical Practice Act—or, at least, that it does not believe it’s most likely you violated it. You might receive a warning, but the non-disciplinary action should not reflect on your professional record.
- Issue a formal reprimand: A formal reprimand may look similar to a non-disciplinary action, but it carries substantially more weight. Simply because the reprimand is part of the professional record, you might suffer reputational harm and related blowback because of the reprimand.
- Order further training or education: If the AMB believes the root of the complaint against you is an issue that can be corrected, it may order you to undergo further education or training.
- Fine the psychiatrist: Monetary fines are a common way for licensing boards to hold professionals accountable. Note that a fine may hurt, but it may be far less damaging than the secondary professional repercussions that come from you being disciplined.
- Place the psychiatrist on probation: The Board may limit your professional abilities, place you on probation, or do both. When you are on probation, you may be the slightest mistake away from more serious discipline.
- Suspend a license: If the Board decides you committed a serious violation of the Medical Practice Act, or you have a prior disciplinary history that it holds against you, your license may be suspended. When a psychiatrist is suspended, they may face lasting stigma when (or if) they return to the job.
- Revoke a license: In the cases where the AMB decides the most serious form of discipline is warranted, it will take a psychiatrist’s medical license away. Whether the psychiatrist is able to have their license reinstated may vary case by case.
Any formal discipline that reflects on the public record can be immensely harmful to a psychiatrist, both immediately and in the future.
Some psychiatrists face overwhelming evidence against them. In those cases, our client might need to seek a consent agreement that mitigates professional harm. There are some cases, though, where the psychiatrist wants to fight tooth and nail to clear their name of alleged wrongdoing, and we lead that fight for them.
Sanctions from the AMB Can Disrupt Your Entire Life
As a law firm that fights on the front lines of professional disciplinary issues, we know how high the stakes are. While we have seen how an effective defense can keep a psychiatrist working and helping their patients, we have also seen how devastated psychiatrists can be when their defense is ineffective.
The formal sanctions from the Arizona Medical Board tend to be just the first of several dominoes to fall for the psychiatrist, their loved ones, and their patients. The effects of any formal discipline issued against you might include:
- Permanent reputational harm that diminishes your future professional opportunities, and potentially compromises your current professional relationships
- Diminished earning power as a result of lost professional opportunities
- Mental health difficulties, as professional downturns can be immensely distressing to psychiatrists
- Hardship upon your loved ones as a result of your own financial challenges
Psychiatrists, who are so used to giving themselves to help others, may not be used to seeking help themselves. Furthermore, financial strain resulting from professional sanctions may discourage them from seeking help (which costs money).
These realities can place you in a grave situation, and it’s the sort of difficult spot we want to help you avoid.
A Step-by-Step Overview of the AMB’s Disciplinary Process
While Arizona psychiatrists can be rattled by notice of a complaint against them, you have one advantage to take solace in. You have foreknowledge of how the AMB adjudicates complaints.
After someone files a complaint against a psychiatrist in Arizona, the next steps are:
You Get Notice of the Complaint That Is Under Review
Along with notice that someone has complained about you, the AMB should also provide:
- A copy of the complaint
- An initial letter informing you that the complaint is currently under review
Once the AMB concludes its initial screening process, you should receive more documentation. That documentation may either inform you that the matter has been closed or that an investigation is taking place.
An Investigation May Unfold
If the AMB determines there is sufficient reason to believe you may have violated the state Medical Practice Act, a Board Investigator will be assigned to your case. If your complaint involves harm to a patient, a medical consultant will also need to review the complaint.
The investigator may create a report and form their opinion about your responsibility based on:
- Conversations with the complainant
- Conversations with you
- Conversations with witnesses
- Documentation obtained during the investigation
- Information they uncovered during the screening process
The AMB explains that investigations vary in length from a couple of months to over a year. Psychiatrists may get antsy during the period, which can lead them to make rash decisions with real consequences. Our Professional Licenses Defense Team will keep you level-headed and prevent any such mistakes.
The Staff Investigational Review Committee (SIRC) Reviews the Investigative Findings
The SIRC is a subcommittee of the Arizona Medical Board. It reviews the same information that the investigator has access to. If the SIRC needs more information before making a decision, it will request that information. It may even ask to speak directly with the psychiatrist accused of wrongdoing.
Once the SIRC is satisfied that it has sufficient information to make a decision, it will recommend a specific course of action to the AMB. The Board will then render a decision.
You Respond to the Board’s Finding
Any psychiatrist accused of misconduct can expect a few possible outcomes after the investigation:
- The AMB dismisses the matter without action: Most psychiatrists would welcome this outcome, which would put an end to the disciplinary matter without the psychiatrist facing even non-disciplinary action.
- The AMB takes non-disciplinary action: The AMB might warn or reprimand a psychiatrist without taking any formal punitive action. Many psychiatrists might consider this an acceptable outcome, as the matter would generally remain between them and the AMB (so potential adverse consequences should, in theory, be minimal).
- The AMB offers a consent agreement for disciplinary action: If the AMB determines that a psychiatrist violated the Arizona Medical Practice Act, the Board may propose a consent agreement. Accepting the terms of a consent agreement requires the psychiatrist to admit wrongdoing (and the specific terms proposed). Not every psychiatrist is willing to do so.
If the AMB proposes discipline and you disagree, the adjudication process will continue.
The Disciplinary Process Goes On (If You Don’t Get a Dismissal or Accept a Consent Agreement)
If the AMB finds you responsible for violating the Medical Practice Act, and you do not come to a consent agreement, you may then:
- Participate in a Formal interview in front of the AMB: Your representative from the LLF National Law Firm Team will prepare you as much as possible for any Formal interview you participate in. This process may have similarities to the interview you participate in during the investigative stage, though the questions and interviewees may be different.
- Participate in a hearing before an Administrative Law Judge (ALJ): The Administrative Law Judge will have the authority to rule on your case. The ALJ is meant to be impartial, independent of the AMB, and able to astutely evaluate all relevant evidence and testimony.
The final decision maker in your case may elect to sanction you. Any psychiatrist unwilling to accept an adverse ruling can appeal, and the LLF National Law Firm has extensive experience leading successful appeals.
How the LLF National Law Firm Professional License Defense Team Will Step Up for You
Any psychiatrist, from a solo practitioner in Chandler to someone who belongs to a large practice in Kingman, should seek help when they’re facing a professional complaint.
The LLF National Law Firm Professional License Defense Team is the obvious partner in your defense because:
- License defense is our team’s sole mission
- Our experience in this field provides insights that can’t be gathered any other way
- We know how to use a varied approach, whether we are cooperatively negotiating an agreement with the Board’s legal counsel or aggressively fighting an appeal
- Our attorneys know Arizona law, AMB procedures, and the potential pathways to a resolution you will be happy with
We will speak with you about what you seek from us and what outcome you want to achieve through our defense efforts. This discussion will inform our approach, which will likely involve us gathering evidence, formulating a specific strategy and target outcome, negotiating on your behalf, and preparing you for every aspect of the disciplinary process.
Call the LLF National Law Firm today at 888-535-3686 or contact us online. Don’t wait, as few matters are more time sensitive than defending your medical license.