2005 Arizona Revised Statutes - Revised Statutes §32-3442  Disciplinary action; interviews; hearings; penalties; files

A. The board may investigate any evidence and determine whether a licensee is or may be guilty of unprofessional conduct or is or may be incompetent. Any occupational therapist, occupational therapy assistant or health care institution as defined in section 36-401 shall, and any other person may, report to the board any information the occupational therapist, occupational therapy assistant, health care institution or individual may have that appears to show that an occupational therapist or an occupational therapy assistant is or may be guilty of unprofessional conduct or is or may be incompetent. A person who provides information to the board in good faith is not subject to an action in civil damages as a result of providing the information. If requested, the board shall not disclose the identity of a person who provides information unless the information or the name of a person making a complaint is essential to proceedings conducted pursuant to this section or unless required by a court of law.

B. Within sixty days of receipt the board shall notify the licensee about whom information as described in subsection A of this section has been received as to the content of the information. The board shall keep a complaint confidential until it verifies or substantiates the complaint.

C. If, in the opinion of the board, it appears that a licensee is or may be in violation of this chapter, the board may request an informal interview with the licensee concerned. If the licensee refuses the invitation or if the licensee accepts the invitation and if the results of the interview indicate that a civil penalty or suspension or revocation of a license may be in order, the board shall hold a hearing pursuant to title 41, chapter 6, article 10. If, at the informal interview, the board finds a violation of this chapter, but not of sufficient seriousness to merit a civil penalty or suspension or revocation of A license, it may take one or more of the following actions:

1. Issue a decree of censure.

2. Fix a period and terms of probation best adapted to protect the public health and safety and rehabilitate or educate the licensee concerned. Probation may include:

(a) Submission of the licensee to examinations to determine the mental or physical condition or professional competence of the licensee.

(b) Occupational therapy training or education which the board believes to be necessary to correct deficiencies found either pursuant to a hearing or through an examination pursuant to this section.

(c) Review or supervision of the licensee's practice which the board finds necessary to identify and correct deficiencies in the practice.

(d) Restrictions upon the nature and scope of practice to ensure that the licensee does not practice beyond the limits of the licensee's capabilities.

3. Issue a letter of concern. For the purposes of this paragraph, "letter of concern" means a nondisciplinary advisory letter to notify a licensee that, while there is insufficient evidence to support disciplinary action, the board believes that the licensee should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the board may result in action against the licensee's license.

D. Probation, if deemed necessary, may also include temporary suspension or restriction of the licensee's license to practice. Failure to comply with probation is cause for a hearing pursuant to title 41, chapter 6, article 10, based upon failure to comply with probation or any other acts or conduct in violation of this chapter and rules adopted pursuant to this chapter.

E. If, in the opinion of the board, it appears that a licensee is or may be in violation of this chapter, the board may hold a hearing in accordance with title 41, chapter 6, article 10 in lieu of or in addition to an informal interview as provided in subsection C of this section.

F. At the licensee's expense the board may require any combination of a physical, mental or occupational therapy competence examination as part of a board investigation, including, if necessary, the taking of depositions as may be required to fully inform itself with respect to the allegations presented by the complaint. These examinations may include biological fluid testing.

G. Any licensee who, after a hearing, is found guilty of unprofessional conduct or incompetence is subject to a decree of censure, probation as provided in this section, suspension of license, revocation of license, imposition of a civil penalty of not less than two hundred fifty dollars nor more than ten thousand dollars for each violation of this chapter or any combination of these sanctions for a period of time or permanently and under conditions as the board deems appropriate for the protection of the public health and safety and as is just in the circumstances.

H. A revoked or suspended license shall be returned to the board within fifteen days after it is revoked or suspended.