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Arizona Board of Nursing Attorney
If you have received a letter from the Arizona State Board of Nursing (“AZBON”), learned that a complaint has been filed against your nursing license, or discovered that your application for licensure is under investigation, you may feel alarmed and wonder what happens next.
An AZBON investigation can place your nursing license, professional reputation, and livelihood at risk. However, the opening of an investigation does not mean that you committed unprofessional conduct or that discipline is inevitable. Depending on the evidence, the Board may dismiss the matter, issue a nondisciplinary Letter of Concern, offer a negotiated Consent Agreement, or initiate formal proceedings.
At Lavy Law, we represent Arizona nurses and nursing applicants during Board investigations, public Board meetings, settlement negotiations, informal settlement conferences, administrative hearings, and judicial appeals. We work to protect both your ability to practice and the professional reputation you have spent years building.
What Is the Arizona State Board of Nursing?
The Arizona State Board of Nursing is the state agency responsible for regulating the practice of nursing in Arizona. Its authority extends to registered nurses, licensed practical nurses, advanced practice registered nurses, nursing assistants, and applicants seeking Arizona licensure or certification.
The AZBON consists of 11 members appointed by the Governor: six registered nurses, including at least one nurse practitioner or clinical nurse specialist; two licensed practical nurses; one nursing assistant or nursing assistant educator; and two public members. The Board generally meets for two days approximately every eight weeks. Before each meeting, Board members review confidential investigative reports and supporting materials and then discuss and vote on the cases during the public meeting, determining whether probable cause exists to believe the Nurse Practice Act was violated.
AZBON’s authority is derived primarily from the Arizona Nurse Practice Act, A.R.S. §§ 32-1601 through 32-1687, and the Board’s administrative rules in Title 4, Chapter 19 of the Arizona Administrative Code.
Which Professionals Does AZBON Regulate?
The Arizona State Board of Nursing regulates:
- Registered Nurses;
- Licensed Practical Nurses;
- Advanced Practice Registered Nurses;
- Certified Registered Nurse Anesthetists;
- Clinical Nurse Specialists;
- Certified Nursing Assistants;
- Licensed Nursing Assistants;
- nursing education programs; and
- applicants seeking nursing licenses, certificates, or prescribing and advanced-practice privileges.
What Is Unprofessional Conduct Under the Arizona Nurse Practice Act?
Arizona defines unprofessional conduct broadly. It includes conduct that violates the Nurse Practice Act or Board rules, as well as conduct or practices that are or might be harmful or dangerous to the health of a patient or the public. See A.R.S. § 32-1601(27).
Depending on the circumstances, allegations may involve:
- medication errors or unsafe medication administration;
- inadequate assessment or monitoring of a patient;
- failure to follow a provider’s order;
- inaccurate, incomplete, or falsified documentation;
- practicing beyond the nurse’s education, training, or scope;
- improper delegation or supervision;
- patient abuse, neglect, or exploitation;
- impairment by alcohol, drugs, or a medical or psychological condition;
- diversion or misuse of controlled substances;
- boundary violations;
- breach of patient confidentiality;
- criminal conduct;
- failure to report required information to the Board;
- fraud, deceit, or misrepresentation in obtaining or attempting to obtain a license;
- providing false or misleading information during a Board investigation; or
- failing to provide the Board with a complete written explanation or requested records.
The most commonly alleged violation is A.R.S. § 32-1601(27)(d) as it is a broad category that includes any conduct/practice that is or might be harmful or dangerous to the health of a patient or the public as it. A.A.C. R4-19-403 identifies numerous acts that may constitute conduct harmful or dangerous to patients or the public. These include negligently causing patient injury, making materially incorrect entries in records, practicing beyond the nurse’s competence, improper delegation, impairment while practicing, and failing to provide a full written explanation of a matter reported to the Board.
Not every mistake or adverse patient outcome proves unprofessional conduct. The circumstances matter, including the nurse’s assignment, training, access to the electronic medical record, facility procedures, supervisory directions, staffing conditions, documentation, and the conduct of other healthcare professionals.
What Happens During an Arizona Board of Nursing Case?
Step 1: AZBON Receives a Complaint, Report, or Licensing Concern
A complaint may come from a patient, client, employer, coworker, another agency, or a mandatory reporter. In some situations, nurses are required to self-report certain matters.
The Board may also investigate an applicant for licensure when information disclosed in the application—or received from another source—raises a question about the applicant’s qualifications, honesty, conduct, education, or credentials. For example, an applicant investigation may arise from an affirmative answer to a criminal-history or disciplinary question, a fingerprint or criminal-background check, or discipline imposed by another state.
After receiving a complaint, self-report, or information about an applicant for licensure, the Board staff first determine whether the allegations fall within AZBON’s jurisdiction and meet its threshold for investigation. If the matter is opened, the nurse or applicant
generally receives written notice identifying the investigation, an intake form, and the assigned investigator.
A nurse should not assume that filling out the intake form is merely an opportunity to provide an informal explanation. The response may become part of the investigative record considered by Board members and may later be used in disciplinary proceedings.
Step 2: The Investigator Collects Evidence
If the complaint falls within the AZBON jurisdiction, the assigned investigator will gather information from the nurse or applicant, complainant, employer, witnesses, facilities, law-enforcement agencies, credentialing organizations, and other relevant sources.
With regards to the nurse or applicant, the investigator will:
- request records;
- interview witnesses;
- ask you to provide a written statement;
- request an interview;
- request a psychological evaluation;
- request a drug test; or
- gather additional evidence.
Arizona law gives AZBON broad authority to obtain records and evidence during an investigation. See A.R.S. § 32-1664(A). In fact, the Board only needs reasonable cause to bring an interim order for a drug test, psychological evaluation or substance abuse evaluation. See A.R.S. § 32-1664(F).
Step 3: The Case Is Presented at a Public Board Meeting
After the investigation is completed, the investigator prepares an investigative report for review by Board members, which includes findings of fact, potential violations of law and board options for consideration. Members ordinarily receive the materials approximately two to three weeks before the meeting and may review hundreds of investigative matters during each meeting cycle.
The Board meeting is public, but it is not an evidentiary hearing. This means that the nurse or applicant does not have the right to present evidence or witnesses nor cross-examine the complainant and other witnesses. Rather, the nurse or applicant may attend, along with their attorney, and be available to answer questions, or may make a short presentation. AZBON’s current meeting guidance generally permits a presentation of up to three minutes.
After hearing any updates from the investigator and the attorney’s presentation, the Board members discuss the matter and vote on what action, if any, should be taken. A majority of voting members must approve the motion.
The possible outcomes of an investigation, including discipline, are discussed below under What Penalties Can Be Imposed?
Step 5: Consent Agreement or Request for a Hearing
A disciplinary resolution proposed after the Board meeting is ordinarily presented in a written Consent Agreement. By signing it, the nurse or applicant accepts the factual findings, legal conclusions, discipline, and conditions stated in the agreement.
Discipline does not become final merely because the Board voted to offer it. Rather, the individual must consent by signing the agreement or may instead request a hearing.
Before signing, it is important to consider more than whether the nurse can comply with the immediate terms. A Consent Agreement may affect:
- employment;
- hospital privileges;
- credentialing;
- participation in insurance programs;
- licenses in other states;
- multistate-license privileges;
- future applications;
- professional-liability insurance; and
- reporting to national disciplinary databases.
If the nurse or applicant does not want to accept the proposed action, they may request a hearing.
Step 6: Informal Settlement Conference or Administrative Hearing
If the nurse or applicant does not accept the proposed Consent Agreement, they may request an administrative hearing. Before the hearing takes place, Arizona law allows either party to request an Informal Settlement Conference (“ISC”), which provides another opportunity to resolve the case without litigation. Under A.R.S. § 41-1092.06(A), the agency generally must hold the conference within fifteen days after receiving a timely request, and the request ordinarily must be made no later than twenty days before the scheduled hearing.
During the Informal Settlement Conference, the nurse or applicant and their attorney may present additional evidence, clarify disputed facts, explain mitigating circumstances, and negotiate with the Arizona Attorney General’s Office in an effort to reach a mutually acceptable resolution. If the case cannot be resolved, it proceeds to a formal administrative hearing before an Administrative Law Judge (“ALJ”) at the Arizona Office of Administrative Hearings.
The administrative hearing functions much like a bench trial, although it is more informal than in civil or criminal court. Both sides may present documentary evidence, call and cross-examine witnesses, introduce expert testimony, and make legal arguments. Since the rules of evidence are considerably more relaxed, hearsay evidence is
generally admissible. Arizona’s Administrative Procedure Act guarantees each party the opportunity to present evidence and argument on all relevant issues, and the ALJ may exclude evidence when its probative value is substantially outweighed by unfair
prejudice, confusion, delay, or needless cumulative presentation. See A.R.S. § 41-1092.07(D).
Following the hearing, the ALJ issues a written decision containing findings of fact, conclusions of law, and a recommended outcome. See A.R.S. § 41-1092.08(A). The matter then returns to the Arizona State Board of Nursing, which may accept, reject, or modify the ALJ’s decision, provided it explains any modifications in writing. See A.R.S. § 41-1092.08(B).
Step 7: Rehearing and Judicial Review
A nurse who disagrees with the final administrative decision may make a motion to the Board for a rehearing or review. A.R.S. § 32-1665. If AZBON denies this motion, the nurse can then pursue judicial review in the Arizona Superior Court by filing a notice of appeal.
For Arizona agencies regulating professions under Title 32, a party may demand a trial de novo in the notice of appeal. A.R.S. § 12-910(D). The Superior Court may receive new testimony and exhibits, decide questions of law and fact without deference to the agency, and affirm, reverse, modify, vacate, or remand the agency’s decision. A.R.S. § 12-910(A)–(F).
Judicial review is not simply another informal opportunity to explain the case. It is more formal than the administrative hearing and involves litigation with filing deadlines, evidentiary rules, motion practice, witness preparation, and legal briefing.
What Penalties Can Be Imposed?
The possible outcomes of an investigation include:
- Dismissal. The Board finds that the evidence does not establish a violation or otherwise does not support further action.
- Letter of Concern. This is a nondisciplinary letter expressing concern about questionable conduct.
- Civil Penalty. The Board may impose a monetary penalty of up to $1,000 for each violation.
- Decree of Censure. The Board formally finds a violation but does not impose practice restrictions.
- Probation or Conditional Licensure. The nurse may continue practicing subject to supervision, education, treatment, monitoring, work restrictions, or other conditions for a designated period of time.
- Limited Licensure. The Board may restrict the settings, duties, hours, medications, or circumstances under which the nurse may practice.
- Suspension. The nurse may not practice until the suspension ends and required conditions are satisfied.
- Revocation. The nurse’s license or certificate is revoked. Reissuance is generally unavailable for at least five years and requires proof of rehabilitation – that the reason for revocation no longer exists and that reissuance would not threaten public safety.
- Denial of an Application. An applicant may be denied licensure or certification and may be restricted from reapplying for the applicable period.
- Voluntary Surrender. A nurse may agree to surrender a license through a Consent Agreement.
Our goal is always to resolve cases as early as possible while protecting your ability to continue practicing your profession.
Why Should I Hire an Attorney Early?
One of the most consequential mistakes a nurse or applicant can make is waiting until after the Board has voted to consult an attorney.
A nurse may believe that speaking openly and informally with the investigator will quickly clear up a misunderstanding. Instead, an incomplete, poorly worded, or inaccurate statement may become evidence supporting additional allegations.
An attorney can help protect your rights by:
- communicating with the investigator on your behalf;
- preparing your written response;
- gathering favorable evidence;
- identifying legal defenses;
- negotiating with the Department before charges are filed; and
- representing you throughout every stage of the disciplinary process. Early representation often provides the greatest opportunity to resolve a case favorably.
Why Choose Lavy Law?
Arizona Board of Nursing cases are government investigations that can threaten a nurse’s career, reputation, and financial stability. Successfully defending these cases requires more than familiarity with agency forms and administrative procedures. It requires the ability to investigate facts, evaluate medical and documentary evidence, prepare witnesses, negotiate with government attorneys, and litigate when a fair resolution cannot be reached.
At Lavy Law, our foundation is trial advocacy. Before focusing on professional-license defense, Attorney Kara Lavy served as a prosecutor and developed extensive experience litigating criminal, immigration, and administrative matters. The same skills used in the courtroom—building a factual defense, identifying inconsistencies, cross-examining witnesses, challenging government evidence, and presenting persuasive legal arguments—are brought to every nursing-license case.
Some administrative-law attorneys focus almost exclusively on negotiated resolutions and have limited trial experience. When your nursing license is at stake, you deserve an attorney who is prepared both to pursue a favorable resolution and to litigate the case before an Administrative Law Judge or Superior Court when necessary.
Whether your goal is obtaining a dismissal during the investigation, securing a Letter of Concern instead of discipline, negotiating reasonable probation terms, defending a licensure application, prevailing at an administrative hearing, or challenging the Board’s final order, Lavy Law is prepared to advocate for you at every stage.
Frequently Asked Questions
An AZBON Investigator Contacted Me. Should I Speak With Them?
You should consult an attorney before providing a written response or participating in an interview.
Even truthful statements can be misunderstood, taken out of context, or subject you to criminal liability. An attorney can help identify the investigator’s concerns, prepare your response, invoke your 5th amendment right, where necessary, and attend an interview with you.
Do I Have to Respond to the Arizona Board of Nursing?
Generally, you should not ignore a lawful Board request. Arizona’s nursing rules may treat the failure to furnish a full written explanation or requested information as unprofessional conduct.
That does not mean you should immediately respond without legal advice. Where the allegations overlap with a criminal investigation, controlled-substance allegation, patient death, fraud allegation, or other potential criminal exposure, an attorney should evaluate how to protect both your nursing license and your constitutional rights.
Will I Automatically Lose My License if a Complaint Is Filed?
No. A complaint is only the beginning of the process. The Board may decline to investigate, dismiss the matter after investigation, or issue a nondisciplinary Letter of Concern.
Even when the Board finds a violation, possible outcomes range from censure or probation with education to suspension or revocation, depending on the facts and perceived risk to the public.
Is an AZBON Investigation Confidential?
The Board’s underlying investigative records are generally treated as confidential during the investigation, but the Board meeting at which the case is discussed is an open public meeting. The nurse’s or applicant’s name, credential or applicant status, case discussion, and Board vote may therefore become publicly accessible.
Can I Continue Working While the Investigation Is Pending?
In many cases, yes. The opening of an investigation does not automatically suspend a nursing license.However, an employer may independently place the nurse on leave or impose workplace restrictions.
Can I Attend the Board Meeting?
Yes. The nurse or applicant and their attorney may attend, may be available to answer questions, may make a brief presentation, or may choose not to speak.
Whether speaking is advisable depends on the case. Because the Board members have already reviewed the investigative report, an unprepared answer to a Board member’s question can affect the outcome.
Is the Board Meeting the Same as a Hearing?
No. The Board meeting is a public meeting at which Board members review the investigative materials, discuss the matter, and vote. It is not a full evidentiary hearing.
A formal administrative hearing occurs later before an Administrative Law Judge, after the nurse or applicant rejects or appeals the proposed action.
Can an Applicant Be Investigated Even Though the Applicant Has Never Practiced in Arizona?
Yes. AZBON may investigate information arising from the application, a background check, another state, a nursing school, a credentialing organization, or another source.
If the Board concludes after investigation that the applicant committed unprofessional conduct, it may deny the application or impose another authorized action. A.R.S. § 32-1663(A).
What Happens When a Credentialing Company Questions My Documents?
The Board may investigate whether the applicant submitted false information or committed fraud or deceit in seeking licensure. However, a discrepancy identified by a credentialing company does not itself establish that the applicant knowingly created or submitted a fraudulent document.
What Is an Informal Settlement Conference?
An Informal Settlement Conference is a proceeding available after a hearing has been requested. It gives the nurse or applicant another opportunity to discuss the disputed action with the agency, present additional information, and explore a negotiated resolution before the administrative hearing.
The request must generally be made in writing no later than twenty days before the hearing. A.R.S. § 41-1092.06(A).
Who Decides the Case at the Administrative Hearing?
One Administrative Law Judge ordinarily presides over the hearing at the Arizona Office of Administrative Hearings.
The ALJ issues a written decision with findings and conclusions, but AZBON generally retains authority to accept, reject, or modify that decision and enter the final administrative order. A.R.S. § 41-1092.08.
Can I Appeal the Board’s Final Decision?
Yes. A nurse or applicant may seek rehearing or review and may appeal the final administrative decision to the Arizona Superior Court. A.R.S. § 32-1665.
Because Arizona permits a trial de novo for professional-licensing appeals under Title 32, the Superior Court may consider new evidence and independently decide questions of fact and law when trial de novo is properly demanded. A.R.S. § 12-910(D).
Is an Arizona Board of Nursing Investigation the Same as a Malpractice Case?
No. Although the same underlying incident may give rise to both, a Board investigation and a medical malpractice lawsuit are two entirely different legal proceedings.
A malpractice lawsuit is a civil lawsuit filed by a patient (or the patient’s family) seeking monetary damages for injuries allegedly caused by negligent medical care. An Arizona Board of Nursing investigation, by contrast, is an administrative licensing proceeding brought by the State to determine whether a nurse violated the Arizona Nurse Practice Act or Board rules.
Likewise, a nurse may successfully defend a malpractice lawsuit yet still face Board discipline, or vice versa. Because the legal issues, standards of proof, and potential consequences differ, nurses should treat every Board investigation as a separate matter requiring its own legal defense.
Will My Nursing Liability Insurance (Such as NSO) Pay for an Attorney?
Possibly. Many professional liability insurance policies—especially policies offered through organizations such as NSO (Nurses Service Organization)—include coverage for attorney’s fees incurred in responding to a licensing board investigation or disciplinary proceeding.
If you carry professional liability insurance, you should notify your insurance carrier as soon as possible after learning of the Board investigation and ask whether your policy provides coverage for licensing-board defense costs.
At Lavy Law, we represent nurses regardless of whether insurance coverage is available. Over the years, many nurses insured through professional liability carriers, including NSO, have retained our firm to defend them before the Arizona State Board of Nursing and other licensing boards. If you wish to seek reimbursement from your insurance carrier, we will assist you by maintaining detailed time records throughout your representation and, upon conclusion of the matter, provide you with an itemized accounting of our time and fees.