A.R.S. 32-3208 requires that chiropractor licensees and applicants for a chiropractor license must report misdemeanor criminal charges involving conduct that may affect patient safety or a felony to the Arizona Chiropractic Board within 10 working days after the charge is filed. A working day would be considered Monday through Friday.
Failure to report a reportable criminal charge within 10 business days is a violation of the Arizona Practice Act and could result in Arizona Chiropractic Board Probation.
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What Current and Past Crimes Must Be Reported?
A felony must be reported within 10 days of being charged. The following types of misdemeanor or other criminal histories are crimes that have been determined by the Board to be reportable pursuant to A.RS § 32-3208:
- Assault and Related Offenses
- Theft and Related Offenses
- Fraud, Deceit and Related Offenses
- Abuse, Neglect, Exploitation of a Child or Vulnerable Adult and Related Offenses
- Sexual and Related Offenses
- Drug and/or Alcohol Related Offenses
- Arson and Related Offenses
- Animal Abuse, Cruelty and Related Offenses
Failure to report a reportable criminal charge within 10 business days is a violation of the Arizona Practice Act and could result in disciplinary action which could result in Arizona Chiropractic Board Probation.
DUI Criminal History
Chiropractors who contact our office frequently ask our attorney’s if state law allows a chiropractic professional with a DUI crime or conviction to get a license with the Arizona Chiropractic Board? The short answer is yes. An Arizona Chiropractor DUI will not necessarily prevent a chiropractor from obtaining a license or a career in the health field. However, the Board (which handles all complaints) has a public policy (updated as of September 2020) on their website which covers the details of what circumstances chiropractic professionals with a case that resulted in a felony DUI criminal conviction can get a license.
Disclosing a Criminal Record for an Applicant
If a chiropractic license applicant is not required to disclose a legal misdemeanor DUI, the AZ Board can still initiate an investigation based upon the results of a health care fingerprint background check. The Board will then contact the chiropractor professional and initiate an investigation in their practice utilizing the law of the Arizona Practice Act (current as of October 2020). This license investigation determines whether the chiropractor is a danger to the public, has any medical or mental health problems and whether the chiropractor has rehabilitated in the time since the criminal misdemeanor DUI or DUI charges occurred. Simply, the Board wants to know whether the applicant can provide safe medical care with a past criminal case involving alcohol or substance abuse.
Criminal Record and Convictions
One question our attorneys are frequently asked is whether state law allows a chiropractic professional with a felony criminal background to get a license with the Arizona Chiropractic Board? The short answer is, yes. An Arizona Felony for chiropractors will not necessarily prevent a chiropractor from obtaining a license or a career in the medical field. However, the Board has a public policy on their website which covers the details of under what circumstances a chiropractor with a case that resulted in a criminal sentence can get a license.
Criminal Charges for Chiropractors with the Arizona Board
When a professional applies to the Arizona Chiropractic Board, they must disclose a felony criminal court sentence (and other similar offenses) on their application. A chiropractor must self report a felony no matter how much time or how many years have passed since the conviction. After self-reporting occurs, the Board contacts the chiropractor and initiates an investigation utilizing the law of the AZ Practice Act. The investigation helps to determine whether the chiropractic professional is a danger to the public, has any medical or mental health problems and whether the chiropractor has rehabilitated in the time since the criminal incident occurred. Simply put, the Chiropractic Board wants to know whether the chiropractic applicant can provide safe medical care.
Arizona Board Attorney
If you’re interested in learning more about our Arizona Chiropractic Board Attorney services and how to protect your license, set up a consultation with Stark Law today.