Can a Nurse Work While Under Investigation with the Arizona Nursing Board?
Yes, a licensed nurse in Arizona can continue to work while under investigation by the Arizona Board of Nursing.
If an employer were to verify an Arizona nurse on NURSYS (the national database verifying nurse licensure), the license would show that the nurse is currently under investigation. The only time a nurse’s license would indicate an investigation would be if the Arizona Nursing Board formally disciplined the nurse.
What is NURSYS?
NURSYS is the only national database verifying nurse licensure, discipline, and practice privileges for RNs and LPN/VNs licensed in participating boards of nursing, including all states in the Nurse Licensure Compact (NLC). Under current laws, the Board cannot remove past discipline from NURSYS.
In 2018, the Board moved license verification from the Board’s website to NURSYS. Previous Board policy removed all disciplinary actions from a nurse’s record after five years.
Links of Interest:
- Is a Letter of Concern from the Arizona Board of Nursing Public?
- Is a Decree of Censure from The Arizona Nursing Board Public?
Nurse Disciplinary Actions
Examples of formal discipline from the Board include:
- Revocation
- Voluntary Surrender
- Suspension
- Probation
- Decree Of Censure
- Civil Penalty
Investigation and Complaint into Practice Concerns
So, Does the Arizona Nursing Board Investigate Every Complaint?
The Arizona Board of Nursing thoroughly investigates nearly every complaint filed with them. Generally, if the allegations contained in a complaint, if proven true, would violate the Arizona Nurse Practice Act, the Board would investigate.
There are two scenarios where the Board does not investigate a complaint:
- The Board lacks jurisdiction over the target of the complaint.
- The allegation contained in the complaint would not be a violation of the Nurse Practice Act.
Arizona Board of Nursing Complaint
After receiving a complaint or self-report, a nurse gets an Investigative Questionnaire and notice from the Board requesting additional information and a response to allegations found in the complaint. From here, the AZBON assigns an investigator to the complaint, and they begin to collect evidence.
The documents and evidence collected include the following:
- Patient medical records
- Employment files from the nurses’ employer and business
- Criminal records
- Interviews of people associated with the Board Complaint or nursing program. (These interviewees can include the patient, nursing director, colleagues, etc.)
When a nurse receives a Board of Nursing Investigation Notice, it’s essential to understand the process and how an attorney can help. When the Board of Nursing receives a complaint against a nurse, they will investigate the problem. It allows them to fully determine whether or not they need to discipline the practicing nurse.
Depending on the results of the investigation, the Board can suspend, limit or revoke the nurse’s license or certificate.
How Long Does an Investigation Last?
A current investigation with the Arizona Board of Nursing is taking (on average) around 18 months from beginning to end. However, the speed with which the Board completes an investigation depends upon the severity of the case. When assigned to an investigator, they give each case a priority level.
They generally complete higher-priority level cases faster than lower-priority cases. Some cases are so severe that the Board can attempt to suspend a nurse’s license.
Some examples of low-priority cases would include:
- Low-level criminal charges
- Patient complaints
- Documentation errors
Protect Your Nursing Career During an Investigation
For direct legal help, contact us today or see our Nursing License Defense Attorney page.