Can a Nurse Continue to Work if Suspended by the Arizona Nursing Board? | License Suspension
The answer is No.
A nurse cannot work as a nurse if their license is suspended. The Arizona State Board of Nursing (“Board”) protects the medical welfare of the people of Arizona. They do this by ensuring each professional who holds a license as a nurse in Arizona can practice safely. If the Board believes a nurse cannot practice safely, they can initiate a summary suspension.
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Actions that Can Lead to Summary Suspension
A summary suspension can occur when the Board believes that public health, safety, or welfare imperatively requires emergency action necessitating the immediate suspension of a nurse’s license.
Examples of actions that can lead to a summary suspension:
- Substance Abuse
- Sexual Misconduct
- Mental Health Concerns
- Refusal to Follow Board Order
Suspended Nursing License
If the Board grants the summary suspension of a nurse’s license, the nurse must immediately cease providing care as a nurse. A hearing will then be scheduled (within 60 days) in front of an Administrative Law Judge at the Arizona Office of Administrative Hearings.
It’s always disappointing when a nurse receives an unfavorable decision from the Arizona Board of Nursing (AZBON).
However, nurses in Arizona can benefit from understanding the process that goes along with Arizona Board of Nursing appeals and hearings after an Arizona Nursing Board Complaint is heard.
If you are facing an unfavorable AZBON outcome due to an Arizona Board of Nursing disciplinary action, you can always appeal the decision (for instance, after LPN discipline).
Filing an Appeal after a Nursing Board Meeting
The investigatory and appeal process for an Arizona Nursing Board Hearing works like this:
The AZBON receives a complaint or investigates the nurse’s conduct (like a UCNA, LNA, or CNA). Once the Board receives a complaint or self-report, they will initiate an investigation (like if a patient in Phoenix files information, putting a nurse certificate at risk).
The investigation aims to give the AZBON evidence to decide whether a nurse should face disciplinary action (for instance, due to reporting a misdemeanor charge or conviction).
If the nurse receives an unfavorable decision, it is at this point they can then file an appeal and request a hearing with the Arizona Office of Administrative Hearing. An Administrative Law Judge will oversee the appeal, and the nurse may need to attend a hearing.
However, sometimes the investigation is automatically sent to a hearing, or an informal settlement conference can be held.
Nurse Practitioner DEA Registration
An advanced practice nurse must consider how a Practice Restriction Could Cost an Arizona Nurse Practitioner Their DEA Registration. Suppose the Arizona Board of Nursing has placed an Arizona nurse practitioner on probation. In that case, the probation can sometimes include a practice restriction that limits or completely stops the nurse practitioner from prescribing controlled substances for a period.
These restrictions are generally reported to the Drug Enforcement Administration (“DEA”). The DEA may deny, suspend or revoke a practitioner’s DEA registration for the following reasons:
- Falsified DEA Registration Application
- A state license has been placed on probation, suspended, revoked, or denied
- Excluded from participation in Medicare or Medicaid programs
- Convicted of a felony related to a controlled substance
- Committed an act that is inconsistent with the public interest
Show Cause Order
The DEA can’t take action without following the protocol. When taking action against someone’s registration to sell controlled substances, it must first serve them with a show cause order before issuing any orders for suspension or revocation.
However, suppose there is enough evidence that gives rise to “an imminent danger.”
Then, these emergency situations are considered and will issue simultaneous immediate suspensions and orders for show cause while still having time-sensitive deadlines afterward, so everything goes smoothly.
Get Legal Help for a Suspended Nursing License in Arizona
For direct legal help, contact us today or see our Nursing License Defense Attorney page.