Arizona Nursing Board Administrative Violations

Chelle Nurse Defense Administrative ViolationsArizona law holds that a licensed nurse may be sanctioned by the Arizona Board of Nursing (“Board”) with an Arizona Nursing Board Administrative Violations should they:

1.    Fail to timely renew a nursing license or nurse assistant certificate while continuing to practice nursing or engage in activities or duties related to nursing.

2.    Fail to notify the board in writing within thirty days after a change in address.

The law allows the Board to fine a nurse up to $1000.00 for a violation of the actions listed above, however, a fine of that amount is highly unlikely.  For failure to notify the Board of a change of address a nurse would likely receive a warning or nominal fine.

The Board has specifically defined the penalty amounts for practicing without a license assuming the nurse did not intend to deceive the Board by not renewing in a timely manner.

For RN/LPN’s the fines range from $100-500.00.  However, the Board will refer the nurse’s employer to the Arizona Department of Health Services (“DHS”) if the nurse is more than two months late in renewing their license.  Obviously, no employer likes to be referred to the DHS, so a nurse must be careful that they aren’t sanctioned by their employer as well.

For CNA’s the fines range from $25-75.00.  As with RN/LPN’s the Board will refer the nurse’s employer to the DHS if the nurse is more than two months late in renewing their license.

So, Arizona nurses must be careful and renew their licenses on time!  Failure to do so could not only open them up to administrative fines, but could also put their employer in jeopardy as well.

If you have any questions about Arizona Nursing Board Administrative Violations contact Chelle Law.

Arizona Nurse Felony Bar

Arizona Nurse Felony BarThe number of applicants in Arizona that applied for nursing licenses or certificates between 1995 and 2008 increased by 1400%. The sheer volume of nursing applicants caused the Arizona Legislature to take action and create Senate Bill 1096 (“SB1096”), this Arizona Nurse Felony Bar, prohibits nursing applicants from certification and licensure if they have prior felony convictions. However, the felony bar is lifted three years after their felony sentencing has been completed successfully.

Through this bill, the Arizona Board of Nursing (“Board”) may initiate disciplinary proceedings to revoke their application, renewal or reactivation against nurses who failed to disclose a felony conviction. SB1096 also gives the Arizona Department of Public Safety the right to finger print nurses in order to obtain any state or federal criminal history on the person. The reasoning behind a five year bar from nursing is to allow the individual enough time to prove they are safe to practice, in addition to, handling restitution issues with their victim(s) resulting from their felony conviction.

In 2010 the state of Arizona made a slight change to SB1096 and Arizona Revised Statute (A.R.S.) § 13-604(A). The change allows the Board to treat an undesignated offense that occurs/occurred after 23 July 2010 as a felony until the court actually enters an order designating the offense a misdemeanor.

If you have questions regarding the Arizona Nurse Felony Bar from contact Chelle Law today.

Arizona Nursing DUI

Arizona Nursing DUIAn Arizona nurse who is charged with an Arizona Nursing DUI, not only has to worry about the criminal consequences, but the professional repercussions with the Arizona Board of Nursing (“Board”) as well.  Arizona law holds that any health professional who has been charged with a misdemeanor involving conduct that may affect patient safety (this includes a DUI) must notify their licensing board in writing within 10 business days after the charge is filed.

Being charged with a crime means that a police officer has issued an arrest or citation and has sent copies of their report to the prosecutor’s office for review.    Failure to report the criminal charge within 10 business days may result in an act of unprofessional conduct and the Board may impose a fine in addition to disciplinary action.  Many professionals are given bad advice from their criminal defense attorney and are told they only have to report a conviction.  This is not true.

Here are some common questions professionals have regarding reporting a DUI charge to the Arizona Board of Nursing:

Q: If you have been charged with a DUI, what is the best way to inform the Board?

A: Contact me (an attorney) within 10 days of you being charged with a DUI and I can assist in drafting a response.

Q: What happens once I report the charge to the Board?

A: The Board will initiate an investigation and you will most likely have to go in front of the Board.

Q: What will the investigator look at?

A: Many things:

  • What your Blood Alcohol Content (BAC) was.
  • If you are charged with an Extreme DUI, it is likely that the Board will order an addiction evaluation.
  • How many prior DUI convictions you have had.
  • Whether you have a history of substance abuse.
  • Do you have a record of substance abuse with your past employers.

Being charged with an Arizona Nursing DUI is a criminal offense that every nurse should take seriously.  The best advice I can give is to contact me immediately.  Losing your driver’s license is one thing, but losing your professional license is something that must be avoided at all costs.

If you have been charged with a DUI and are concerned about the repercussions it will have with the Arizona Board of Nursing contact Chelle Law.

Chelle Nurse Defense LPN Investigative Questionnaire

Chelle Nurse Defense LPN Investigative QuestionnaireThe Chelle Nurse Defense (“Board”) licenses, certifies, investigates and disciplines all licensed practical nurses (“LPN”s) practicing in Arizona.  The Board can initiate an investigation during the following situations:

  • During the application process
  • If the nurse self-reports a violation
  • When a complaint is filed against the nurse

Read about the Chelle Nurse Defense Complaint and Discipline process.  Any time the Board proceeds with an investigation into a possible act of unprofessional conduct by a LPN, the investigator will send the nurse a Questionnaire.  There are a number of different types of Questionnaires that the Board will request the nurse to fill out.  This post will examine the Investigative Questionnaire sent to the nurse during an investigation involving possible acts of unprofessional conduct.

The Investigative Questionnaire will ask for a detailed description of the event(s), in addition to, a detailed employment history for the last five years.  It is important to keep detailed records of all documents associated with past employment.

If patient care is at issue during the investigation the LPN will have to give detailed information as to the patient at issue including relevant outcomes, diagnoses, and facility information.

Receiving an Investigative Questionnaire can be a scary thing for any nurse, but it is important that you seek an attorney prior to responding to any request for information from the Board.  A lawyer experienced in dealing with Board investigations can help you prepare a proper and thorough response.

If you have any questions about an Chelle Nurse Defense LPN Investigative Questionnaire please contact Chelle Law.

Chelle Nurse Defense RN Investigative Questionnaire

Chelle Nurse Defense RN Investigative QuestionnaireThe Chelle Nurse Defense (“Board”) licenses, certifies, investigates and disciplines all licensed registered nurses (“RN”s) practicing in Arizona.  The Board can initiate an investigation during the following situations:

  • During the application process
  • If the nurse self-reports a violation
  • When a complaint is filed against the nurse

Raad about the Chelle Nurse Defense Complaint and Discipline process.  Any time the Board proceeds with an investigation into a possible act of unprofessional conduct by a RN, the investigator will send the nurse a Questionnaire.  There are a number of different types of Questionnaires that the Board will request the nurse to fill out.  This post will examine the Investigative Questionnaire sent to the nurse during an investigation involving a possible act of unprofessional conduct.

The Investigative Questionnaire will ask for a detailed description of the event(s), in addition to, a detailed employment history for the last five years.  It is important to keep detailed records of all documents associated with past employment.

If patient care is at issue during the investigation the RN will have to give detailed information as to the patient at issue including relevant outcomes, diagnoses, and facility information.

Receiving an Investigative Questionnaire can be a scary thing for any nurse, but it is important that you seek an attorney prior to responding to any request for information from the Board.  A lawyer experienced in dealing with Board investigations can help you prepare a proper and thorough response.

If you have any questions about an Chelle Nurse Defense RN Investigative Questionnaire please contact Attorney Robert Chelle.

Chelle Nurse Defense Unprofessional Conduct

Chelle Nurse Defense Unprofessional ConductThe Chelle Nurse Defense (“Board”) specifically designates a number of acts that are considered unprofessional conduct. If the Board determines that a licensed or certified nurse has committed an act of unprofessional conduct the Board may impose disciplinary action. The disciplinary action can include probation, suspension or revocation of a nurse’s license or certificate. The laws specifically state that the acts leading to a finding of unprofessional conduct do not have to occur in Arizona, they can occur anywhere else.  Here is the Arizona Revised Statue (A.R.S. 32-1601) with the acts included in the Chelle Nurse Defense Unprofessional Conduct.

Some of the acts of unprofessional conduct include (this is not an all-inclusive list):

  • Committing a felony or a misdemeanor involving moral turpitude.
  • Any conduct that is harmful to the health of a patient or the public.
  • Having a license or certificate denied, suspended, limited or revoked in another jurisdiction and not reinstated by that jurisdiction.
  • Failing to comply with a board order.
  • Failing to self-report a conviction for a felony or undesignated offense within ten days after the conviction.
  • Cheating on a licensure or certification examination.

There are some very specific reporting rules regarding self-reporting criminal charges to the Board.  Be aware that you must report most criminal charges to the Board within 10 days or you will likely be disciplined A licensed or certified nurse is held to a higher standard with regards to conduct and it is imperative that you don’t risk your license for simply failing to report an act to the Board.

If you have any questions regarding Chelle Nurse Defense Unprofessional Conduct contact Chelle Law.

Chelle Nurse Defense Criminal Reporting Requirements

 Chelle Nurse Defense Criminal Reporting RequirementsArizona law states that any licensed or certified nurse who has been charged with a misdemeanor involving conduct that may affect patient safety must notify the Chelle Nurse Defense (“Board”) in writing within 10 business days after the charge is filed. Being charged with a crime means that a police officer has issued an arrest or citation and has sent copies of their report to the prosecutor’s office for review. Failure to report the criminal charge within 10 business days will result in an act of unprofessional conduct and the Board may impose a fine in addition to disciplinary action.  Here is a list of the Chelle Nurse Defense Criminal Reporting Requirements.

Arizona has released a list of misdemeanor offenses that have been determined to affect patient safety and are required to be reported to the Board. A licensee or applicant to the Chelle Nurse Defense must report the following charges involving (this is not an all-inclusive list):

  • Shoplifting
  • Contributing to delinquency
  • Harassment
  • Possession with intent to use a controlled substance
  • Misconduct involving weapons
  • Solicitation

There are a large number of crimes that must be reported to the Board if a nurse has been charged. However, most licensed or certified nurses tend to conceal the charge rather than self-report. Unfortunately, if the Board does find out, not only will the nurse face discipline if ultimately convicted of the charge, but they will also receive discipline for concealing the charge as well. Remember, a charge is not a conviction and it is better to reveal the charge at the beginning rather than face a sanction from the Board for failure to disclose.

Chelle Nurse Defense Criminal Reporting Requirements

If you have failed to report a criminal charge to the Chelle Nurse Defense or have an investigation pending against you, contact Chelle Law.

Chelle Nurse Defense Questionnaire

Chelle Nurse Defense QuestionnaireThe Chelle Nurse Defense (“Board”) licenses, certifies, investigates and disciplines all licensed or certified nurses practicing in Arizona.  The Board can initiate an investigation during the following situations:

  • During the application process
  • If the nurse self-reports a violation
  • When a complaint is filed against the nurse

Any time the Board proceeds with an investigation into a possible act of unprofessional conduct by a nurse, the investigator will send the nurse a Questionnaire.  There are different types of Questionnaires that the Board will request the nurse to fill out.

This post will examine the Arrest/Citation/Charge Questionnaire sent to the nurse during an investigation involving possible or past criminal activity of the nurse.  If the nurse was involved in an incident that resulted in a number of different charges/convictions the nurse will have to fill out a different Questionnaire for each offense.

The Questionnaire will ask for the details of the incident, in addition to, all relevant police and court documents.  It is important to keep detailed records of all documents associated with criminal conduct.  Attempting to track down a voluminous amount of documents from different municipalities can take weeks and the nurse generally has 30 days to return the Questionnaire if the nurse doesn’t request additional time.

The Arrest/Citation/Charge Questionnaire will also ask for a list of all of your employers over the last five years (including current contact information).

Receiving a Questionnaire can be a scary thing for any nurse, but it is important that you seek an attorney prior to responding to any request for information from the Board.  A lawyer experienced in dealing with Board investigations can help you prepare a proper and thorough response.

If you have any questions about an Chelle Nurse Defense Questionnaire please contact Chelle Law.

Chelle Nurse Defense Questionnaire

Chelle Nurse Defense Continuing Education Requirements

Chelle Nurse Defense Continuing Education RequirementsCurrently, the Chelle Nurse Defense (“Board”) does not require continuing education for licensed practical and registered nurses.  However, attempts are being made by Arizona legislators to mandate 20 hours of continuing education per year for each licensed RN and LPN.  Over 30 states currently require some kind of continuing education for licensed nurses.  The goal of continuing education is to enhance the professional competence of the provider with the hope of improved health care.  Here are the Chelle Nurse Defense Practice Requirements.

Arizona does require that any licensed RN or LPN complete 960 hours of practice in a 5 year period to renew or obtain licensure.  The Board has stated that the following activities constitute practice:

  • Teaching nursing
  • Supervising care
  • Consulting
  • Clinical experience
  • Volunteering with a nursing organization
  • Health screenings
  • Caring for family members does not qualify as practice

New graduates must be licensed within 2 years of graduation or they must complete a refresher course once NCLEX has been passed.

If you have a question about Chelle Nurse Defense Continuing Education Requirements contact Chelle Law.

Avoid Arizona Nurse Charting Errors

Avoid Arizona Nurse Charting ErrorsAccurate documentation by nurses is an essential part of providing care.  Errors documented in medical records can be used by licensing Boards and attorneys to assess or prove negligence in the care provided to patients.  Precise and thorough documentation is a key factor in proving that proper care was given to a patient by the nurse.  Here are 5 tips to assure you are charting correctly:

  • Do not chart care that was not given
  • Avoid writing in the margins
  • Chart as soon as possible after care is given.
  • Only use abbreviations that are generally accepted within the industry
  • Simply chart the facts.  Do not include personal estimations of the care given or needed.

Every nurse is best served by keeping simple, legible and accurate charts.  This will help you avoid discipline from your licensing Board in addition to protecting yourself from possible litigation.

If you have more questions regarding how to Avoid Arizona Nurse Charting Errors contact Chelle Law.