Anyone practicing nursing in the Tucson-Nogales area likely appreciates the important role the Arizona Board of Nursing (hereinafter referred to simply as “the Board”) plays in their career. Under the Arizona Nurse Practice Act (NPA), the Board has the authority to license nurses in the state—and to take disciplinary action against their licenses if they violate the NPA's rules.
You've spent years studying and striving to become a nurse. If you're facing Board disciplinary action against your license in the Tucson-Nogales area because of an alleged Arizona NPA violation, you need to take proactive steps to defend the career you've worked so hard for.
Protect your rights and your nursing license by coordinating with our Professional License Defense Team at the Lento Law Firm. Offering Arizona nurse license defense services in and around the Tucson-Nogales area, our lawyers have the experience necessary to handle a case like yours. Learn more about how we can help by submitting your information through our online contact form or by calling our offices today at 888-535-3686.
Reasons a Nurse May Need License Defense Services in the Tucson-Nogales Area
The Board can take disciplinary action against a nurse's license in the Tucson-Nogales area if it finds the nurse has engaged in unprofessional conduct. Under the Arizona NPA, unprofessional conduct for a nurse consists of any of the following:
- Fraud or deceit in obtaining or attempting to obtain a new or renewed nursing license or any other relevant certificate
- Being convicted of any felony (or entering a plea of no contest or a similar plea)
- Being convicted of a misdemeanor of “moral turpitude” (or entering a plea of no contest or a similar plea)
- Aiding or abetting in a criminal abortion or attempting/agreeing to provide criminal abortion assistance/services
- Engaging in any conduct or practice that is dangerous/harmful to a patient's health or that simply MAY BE dangerous/harmful to a patient's health
- Due to mental incompetence or another condition that renders one “physically unsafe,” being unable to safely practice nursing without unreasonable risk to patient safety
- Having one's nursing license or equivalent license subject to discipline in another jurisdiction if said jurisdiction hasn't reinstated one's full license yet
- Willfully or repeatedly violating a Board rule or any of the applicable rules of the Arizona NPA
- Engaging in acts that deceive, defraud, or harm the public
- Non-compliance with Board orders, consent orders, or other such stipulated orders
- Violating any rule the Board has adopted under the Arizona NPA
The law also requires nurses to file reports with the Board when they have evidence that a registered nurse, practical nurse, or nursing assistant is or may be guilty of any of the following:
- Incompetence
- Unprofessional conduct
- Practicing nursing while unable to safely do so due to a mental condition, physical condition, substance abuse issue, or similar issue
- Being convicted of a felony or undesignated offense but failing to self-report said conviction to the Board within 10 days following the conviction.
- Cheating on a licensure or certification examination
- Helping someone else cheat on a licensure or certification examination
In other words, even if a nurse hasn't actively committed a violation, they may still face Board discipline for unprofessional conduct if they fail to report other nurses for suspected violations.
The law also states that any form of unprofessional conduct for nurses qualifies as unprofessional conduct regardless of whether a nurse engages in such conduct in Arizona or in another state. It's technically possible for a nurse to face Board disciplinary action in Arizona for violations that occurred elsewhere.
It's very important to understand the charges if you receive a notice indicating the Board is investigating you for alleged unprofessional conduct. Our Professional License Defense Team at the Lento Law Firm can help you understand what the Board is accusing you of when we review your case.
Forms of Disciplinary Action the Board Can Take in the Tucson-Nogales Area
The Board can deny a license when it finds an applicant is guilty of unprofessional conduct. If a nurse already has a license to practice in Arizona, and the Board finds they engaged in unprofessional conduct or another such violation of the NPA, other forms of disciplinary action the Board may take include:
- Refusal to renew: The Board may deny a Tucson-Nogales area nurse a renewed license when they apply for one.
- Decree or censure: The Board may issue a formal reprimand against a nurse found guilty of a violation. While this form of disciplinary action may technically be less significant than other forms of disciplinary action the Board could take, it can still negatively impact a nurse's career. Whenever the Board takes any form of disciplinary action against a nurse's license, it attaches a record of said action to a nurse's file so members of the public and prospective employers can learn about the matter.
- Probation/limitation: The Board has the authority to limit a nurse's license as it sees fit. This may involve requiring a nurse to work under the supervision of other nurses or medical professionals until they satisfy certain requirements or conditions. For example, maybe the Board has taken disciplinary action against a nurse who's demonstrated a lack of necessary competence in a particular area of nursing. The Board may limit a nurse's license so that they may only perform certain nursing tasks or functions until they complete an approved educational course or otherwise demonstrate competence.
- Suspension: Temporarily suspending a nurse's license prohibits them from practicing nursing in Arizona for a period of time. The Board can establish the length of a suspension by accounting for various factors (such as the severity of the alleged violation). Sometimes, the Board will require a nurse to satisfy certain conditions or requirements to have a suspension lifted.
- Revocation: Revoking a nurse's license entirely is a step the Board may take to protect the public from the actions or conduct of a nurse who commits significant violations, multiple violations, etc.
- Civil penalties: The Board can impose civil penalties of up to $1,000 for every violation. The Board can impose a civil penalty alone, or it may impose a civil penalty along with other forms of disciplinary action.
Maybe you work for a major healthcare facility, like Banner-University Medical Center Tucson, TMC Healthcare-Tucson, Holy Cross Hospital, or Canyon Vista Medical Center in Nogales. Or, maybe your employer is a smaller practice or clinic in the Tucson-Nogales area.
In either case, our Lento Law Firm Professional License Defense Team is available to defend your nursing license if you're facing potential Board disciplinary action. Negotiating a consent agreement is one way we may approach your case.
Consent Agreements and Voluntary Surrender of a Nursing License in the Tucson-Nogales Area
The Board typically launches an investigation into an alleged violation of the Arizona NPA when it receives a complaint against a nurse. Before investigating a case or taking further action, the Board may review a complaint to confirm whether it has merit.
Sometimes, instead of taking disciplinary action against a nurse's license, upon determining a violation has occurred, the Board will request that a nurse voluntarily surrender their license. This involves signing a consent agreement in which a nurse agrees they committed a violation.
Whether signing a consent agreement is or isn't the ideal course of action depends on various case-specific factors. A primary factor influencing this decision is whether a nurse under investigation agrees that they committed the violation they're accused of.
You don't have to navigate these types of decisions alone. At the Lento Law Firm Professional License Defense Team, serving nurses throughout the Tucson-Nogales area, our team can help you decide whether proceeding with a consent agreement and voluntary surrender of your license is best in your circumstances. We can also negotiate the terms of a consent agreement to protect your rights.
Forms of Non-Disciplinary Action the Board May Take in the Tucson-Nogales Area
As was previously mentioned, the Board doesn't investigate every complaint it receives, nor does it take disciplinary action every time a nurse is accused of violating the Arizona NPA.
The Board may dismiss a complaint or case when there is limited evidence to prove a violation occurred. Similarly, the Board can dismiss a case in accordance with various Board-approved policies. If any such policies apply to your case, this is a factor our team will consider when developing and implementing your defense strategy.
Other forms of non-disciplinary action the Board may take are:
- Issuing a letter of concern: The Board may issue a letter of concern when there's reason to believe a nurse may have engaged in “questionable conduct” that nevertheless doesn't represent a violation of the Arizona NPA. A nurse who receives a letter of concern should take steps to address the matter, as the Board may eventually identify violations if the nurse in question doesn't correct their conduct. However, because a letter of concern doesn't technically qualify as a form of Board disciplinary action, it doesn't result in any record of disciplinary action being attached to a nurse's file.
- Imposing an administrative penalty: In some circumstances, the Board can impose an administrative penalty as a form of non-disciplinary action when a nurse allegedly violates the relevant laws or rules. The Board won't record this form of non-disciplinary action in any national databases, but it will post information about the penalty on its website.
Fighting for non-disciplinary action is another strategy our team may consider when working on your case. At the Lento Law Firm Professional License Defense Team, our main goal is always to minimize the effect that disciplinary action has on your license to practice nursing in Tucson, Nogales, or anywhere else in Arizona.
What the Board Investigation Process Involves in the Tucson-Nogales Area
Various case-specific factors may influence how the Board investigates an accusation of unprofessional conduct or other such violations. That said, the law establishes the general process the Board should typically follow in these circumstances. It involves the following steps:
- Complaint: In some cases, the Board may open an investigation when a nurse self-reports a matter of concern, such as a conviction of a relevant crime. Otherwise, the Board may initiate an investigation upon receiving and reviewing a complaint from someone qualified to submit one.
- Investigation: The law allows the Board to take various forms of action, from interviewing witnesses to subpoenaing records, to gather evidence of wrongdoing when investigating alleged violations. A nurse can (and should) enlist the representation of legal counsel during an investigation.
- Outcome: As has been addressed, the Board may not take further disciplinary action if an investigation yields little or no evidence of wrongdoing. Or, it may proceed with a form of non-disciplinary action. If the Board determines disciplinary action is warranted, a nurse can sign a consent agreement or participate in a hearing.
A hearing gives a nurse the chance to present their side of the story when facing disciplinary action. However, it also gives the Board the chance to present the case against a nurse. If you anticipate a hearing in your case, hire a lawyer who represents nurses in the Tucson-Nogales area.
Contact the Lento Law Firm for Nurse License Defense Services in the Tucson-Nogales Area
From major hospitals like Carondelet St. Joseph's Hospital in Tucson to smaller facilities, clinics, and practices in Nogales and the region's suburbs, our Lento Law Firm Professional License Defense Team is available to serve the needs of a nurse who works anywhere in the Tucson-Nogales area when the Board is considering disciplinary action against their license. General ways we assist a nurse like you include:
- Reviewing a case and answering basic questions
- Handling all correspondence with the Board as it conducts an investigation
- Negotiating a consent agreement, fighting for non-disciplinary action, or defending a nurse against the charges in a hearing
- Ensuring a nurse complies with all lawful Board requests/orders during and after an investigation to guard against additional or future trouble
Again, those are merely general points. The exact way we handle your case will depend on the specific details of said case. What's most important to understand is that taking action sooner rather than later can have critical implications for your nursing career in Arizona. Get started today by calling our offices at 888-535-3686 or by submitting your information online.
