If you're a licensed nurse in Arizona, you're likely familiar with Arizona's Nurse Practice Act, the set of laws governing the licensure, practice, and discipline of nurses within the state. Every state has its own version of the Nurse Practice Act, and they all generally serve the same purpose: to define nursing licenses, establish licensing requirements, outline the scope of care nurses are authorized to provide, and set the professional standards nurses must uphold.
The Nurse Practice Act also lists the type of misconduct that can result in disciplinary actions against a nurse in that state, up to and including the revocation of a nursing license. If you've been notified by the Arizona State Board of Nursing (AZBN) that they are investigating accusations of misconduct filed against you, you need the help of an experienced attorney to make sure your license—and your reputation—are protected. The Lento Law Firm Professional License Defense Team can help. Call us at 888-535-3686 or contact us online today for your confidential consultation.
Arizona Nurse Practice Act
Arizona's Nurse Practice Act sets the legal framework for nursing in the state and serves as a comprehensive guide that defines the roles, responsibilities, and expectations for the state's nurses. The key regulatory body overseeing the enforcement of these laws is the AZBN.
The Arizona Nurse Practice Act covers various crucial topics, including:
- Types of Nursing Licenses. The Arizona Nurse Practice Act defines the different categories of and requirements for nursing licenses issued in Arizona. This includes Registered Nurse (RN), Licensed Practical Nurse (LPN), Licensed Nursing Assistant (LNA), Certified Nursing Assistant (CNA), and Advanced Practice Registered Nurse (APRN), including licensed nurse practitioners (NP) and clinical nurse specialists (CNS). The law also outlines temporary licensing guidelines for these nursing certifications where permissible.
- Scope of Practice. The Nurse Practice Act sets the scope of what each category of licensed nurse is authorized to do based on their education, training, and licensure level.
- Standards of Practice. The law also establishes the professional and ethical standards that Arizona nurses must meet in order to provide safe and competent care.
- Participation in the Nurse Licensure Compact. The Arizona Nurse Practice Act sets the state's participation in the multistate Nurse Licensure Compact (NLC). This Compact allows for nurses to have one license that allows them to practice in multiple states, rather than having to become licensed in each individual state.
- Regulation and Disciplinary Actions. The law also sets its own rules for regulating adherence with its requirements and establishes disciplinary actions for those who do not comply with the Arizona Nurse Practice Act. This includes outlining the investigative process and enumerating the fines and other penalties that can be administered to nurses who have violated the law.
Licensing Requirements and Renewals in Arizona
The Arizona Nurse Practice Act requires that anyone practicing nursing in the state be licensed through the AZBN. Arizona law prohibits individuals from using the title "nurse" unless they are licensed as a nurse within the state. The requirements for earning a nursing license in Arizona are different depending on the type of license being pursued:
- All nurses must complete an accredited nursing education program.
- All nurses must submit to a background check, including providing fingerprints to be used as part of the FBI's criminal history records check.
- RNs and LPNs must pass the National Council Licensure Examination (NCLEX).
- APRNS Meeting additional criteria for APRNs, such as obtaining a graduate degree in a nursing specialty.
The Nurse Practice Act also sets the requirements for renewing a nursing license in the state. In Arizona, nurses must renew their licenses periodically. Renewing a license requires logging a certain number of hours practicing nursing and/or continuing education (CE) credits. These requirements vary depending on the type of nursing license being renewed. Some renewal applicants may also need to undergo a criminal background check, particularly if there are changes to their legal status since their initial licensure.
If you are attempting to renew a nursing license in the state of Arizona and are having difficulty getting the AZBN to accept proof of your hours, CE credits, or other renewal requirements, the Lento Law Firm's Professional License Defense Team can help. We have extensive experience communicating with state nursing boards and advocating on behalf of nurses like you. Problems regarding the renewal of a nursing license often come down to the improper filing or misplacement of paperwork, and we'll help make sure all of your assets are properly filed with the state's system.
Scope of Nursing Practice in Arizona
Arizona's Nurse Practice Act outlines the scope of practice for each level of nursing licensure. RNs in Arizona, for instance, are authorized to perform a wide range of clinical duties with more autonomy than LPNs, who require more direct supervision. APRNs, including nurse practitioners and clinical nurse specialists, are given a broader scope of practice than RNs and can generally prescribe medications and manage patient care independently. Specific duties and responsibilities of nurses in Arizona are further defined by AZBN regulations.
The Nurse Licensure Compact
As a member of the Nurse Licensure Compact (NLC), Arizona allows nurses from other participating NLC states to practice nursing in Arizona without obtaining additional licensure. Similarly, nurses holding a compact license from Arizona can practice in other NLC states. In both cases, there may be additional requirements, such as background checks.
NLC states are attractive options for nurses because of the flexibility afforded by the multistate license. However the consequences for violating a state's nursing laws in an NLC state are compounded, as it can affect one's ability to practice elsewhere. In other words, if you face accusations of nursing misconduct in another NLC state, you could lose your nursing license in Arizona.
This is why it's vital that any investigation into your nursing license is met with a strong defense. The best way to ensure that happens is to enlist the Lento Law Firm's Professional License Defense Team as soon as you're aware of the accusations against you. Our team will gather evidence and make your defense case as strong as it can be. Remember, as a nurse in Arizona, the effects of losing your nursing license can prevent you from working throughout the United States. That's far too great of a risk to trust your defense to anything less than the best possible effort.
Disciplinary Actions for Nurses in Arizona
The Arizona Nurse Practice Act outlines the misconduct that can result in disciplinary action by the AZBN, as well as the sanctions the AZBN can place on nurses for their offenses. Misconduct accusations can come from a wide range of offenses, including but not limited to:
- Convictions of certain criminal offenses, particularly felonies or crimes that display extremely poor moral judgment.
- Substance abuse issues that affect the nurse's ability to practice safely.
- Unlawfully prescribing drugs and other medications, whether to patients or oneself.
- Forging documents or otherwise providing false information on a licensure application.
- Unprofessional conduct, including sexual misconduct. Even consensual sexual relationships between nurses and patients can be grounds for misconduct.
- Failing to maintain proper patient records, including intentionally falsifying records.
- Practicing beyond the scope of one's license, such as prescribing medication or treatment without the authority to do so.
- Abandoning patients without making proper arrangements for their care.
- Failing to report known misconduct by another nurse.
Arizona nurses should be aware that the AZBN can impose sanctions ranging from reprimands and fines to license suspension or revocation.
No matter how severe the violation, it's important that you meet any accusation of wrongdoing with a fully thought out defense plan. There are plenty of instances where the punitive measures administered by a nursing board far outweigh the severity of the initial infraction, and there is no reason to jeopardize your nursing license. After all, even a temporary suspension of your nursing license could have a major impact on your ability to earn an income.
The Lento Law Firm's Professional License Defense Team is ready to help you every step of the way. We will take the onus of defense off your shoulders so you can focus on your day-to-day. We'll conduct interviews, establish witnesses, and otherwise collect evidence that will help the AZBN see the truth behind any allegations of misconduct, and we will fight tooth and nail to make sure your license is protected.
Investigative Procedures in Arizona
It's important to understand the investigative process as outlined by Arizona's Nurse Practice Act:
Notice of Complaint
If a complaint has been filed against your license in the state of Arizona, you will first receive notice from the AZBN in the form of a letter. Do not ignore this notice or wait for further actions from the board! Instead, start preparing your defense by hiring legal counsel right away.
Investigative Questionnaire
Along with your notice, you will likely receive a detailed questionnaire regarding the alleged incident. It's in your best interest to speak with an attorney before filling out this questionnaire, as many of the questions may be confusing or appear irrelevant but are in fact essential to mounting your defense.
Investigation
Next, the AZBN will begin its investigation by collecting additional information about both yourself and the alleged incident. It will likely subpoena witnesses, paperwork, and anything else it deems
relevant. You can expect this investigation to be thorough, but you should not count on your innocence to be enough to protect your license. Nursing board investigators can make mistakes, and boards will rarely err on the side of the accused.
Having an experienced attorney from the Lento Law Firm on your side can make all the difference. They'll conduct their own investigation into the incident and prepare evidence that presents your case as favorably as possible.
Investigative Report
The Board investigator will summarize their findings in an Investigative Report. This report will be a key component of how the AZBN resolves your case. Be aware that this report can be rather one-sided, as the investigator's job is to ferret out instances of wrongdoing. You will not be able to see this report until after the Board Meeting, which is the next step in the investigative process.
Your attorney can also provide the Board with the findings of their own investigation, which will help paint your situation in a much more positive light.
Board Meeting
Every two months, the AZBN meets to resolve complaints levied against nurses in the state. They do this by reviewing the Investigative Report filed by the board investigator and any information provided by your attorney. Both the investigator and your attorney are allowed to present their cases as well. The board will then decide the outcome of the complaint via a majority vote. These outcomes range from the dismissal of your case to the revocation of your license.
Consent Agreement
Usually, the AZBN will choose to offer you a consent agreement, which is a type of settlement requiring you to admit certain facts about the case and accept whatever sanctions the Board deems appropriate. You will have the right to accept or reject this agreement. Consult with your attorney before making a decision, as acceptance requires you to surrender your right to a hearing with an independent administrative law judge, effectively ending your ability to fight your case.
Administrative Hearing
Should you reject the consent agreement, you'll be able to have your case heard by an administrative law judge. With the help of an attorney from the Lento Law Firm's Professional License Defense Team, this hearing could overturn the Board's findings and ensure you can continue to practice nursing in the state of Arizona.
Types of Disciplinary Actions in Arizona
The Arizona Nurse Practice Act allows the AZBN to impose a variety of disciplinary actions as the result of an investigation. These actions include:
- Formal Warnings: Minor offenses can result in the issue of a written or verbal warning which will be documented in your file.
- Probation: Nurses can be placed on probation, with requirements such as mandatory supervision or additional education in order to avoid further consequences.
- License Suspension or Revocation: More serious cases can result in the temporary suspension or permanent revocation of your nursing license, affecting your ability to practice nursing in both your state and other NLC states.
Defending Your Nursing License in Arizona
The Nurse Practice Act of Arizona affords you several ways to protect yourself in the event of an investigation. With the help of the Lento Law Firm's Professional License Defense Team, it's possible to prove your innocence in the face of allegations and preserve your right to practice healthcare in the state. Call our team today at 888-535-3686 or contact us online to start your consultation!
