A. If an applicant for licensure or certification commits an act of unprofessional conduct, the board, after an investigation, may deny the application or take other disciplinary action.
B. In its denial order, the board shall immediately invalidate any temporary license or certificate issued to the applicant.
C. Any person aggrieved by an order of the board issued under the authority granted by subsection A of this section may request an administrative hearing pursuant to title 41, chapter 6, article 10.
D. If the board finds, after affording an opportunity to request an administrative hearing pursuant to title 41, chapter 6, article 10, that a person who holds a license or certificate issued pursuant to this chapter has committed an act of unprofessional conduct, it may take disciplinary action.
E. If the board finds after giving the person an opportunity to request an administrative hearing pursuant to title 41, chapter 6, article 10 that a nurse who practices in this state and is licensed by another jurisdiction pursuant to section 32-1668 committed an act of unprofessional conduct, the board may limit, suspend or revoke the privilege of that nurse to practice in this state.
F. If the board determines pursuant to an investigation that reasonable grounds exist to discipline a person pursuant to subsection D or E of this section, the board may serve on the licensee or certificate holder a written notice that states:
1. That the board has sufficient evidence that, if not rebutted or explained, will justify the board in taking disciplinary actions allowed by this chapter.
2. The nature of the allegations asserted and that cites the specific statutes or rules violated.
3. That unless the licensee or certificate holder submits a written request for a hearing within thirty days after service of the notice by certified mail, the board may consider the allegations admitted and may take any disciplinary action allowed pursuant to this chapter without conducting a hearing.
G. If the Arizona state board of nursing acts to modify any registered nurse practitioner's or clinical nurse specialist's prescription writing privileges, it shall immediately notify the Arizona state board of pharmacy of the modification.
Notes of Decisions
State ex rel. Dean v. Dolny, 778 P.2d 1193 (Ariz. 1989).
· cites it 4× “Not only could one convicted of possession of this illegal drug expect decreased employment opportunities, one could also reasonably expect the imposition of conditions to be placed on employment or potential employment, such as drug counselling, treatment, or testing.”
Culpepper v. State, 930 P.2d 508 (Ariz. Ct. App. 1996).
· cites it 5× “See AR.S. §§ 32-1663(A) and -1601(10)(a). Accordingly, the Board acted within its authority when it denied Culpepper’s license application.”
State v. Superior Court, 589 P.2d 48 (Ariz. Ct. App. 1978).
“…§ 32-1263(A)(2); dental hygienists, § 32-1290; embalmers or funeral directors, § 32-1363(2), § 32-1365; nurses, § 32-1663(A)(2); optometrists, § 32-1755(1); psychologists, § 32-2081(1); real estate licensees, § 32-2153(A)(16); veterinarians, § 32-2232(A)(10); private…”
Minch v. Azbn, No. 1 CA-CV 16-0152 (Ariz. Ct. App. May 16, 2017).
· cites it 4× “§ 32-1664(O); see also A.R.S. § 32-1663 (2017). The legislature has defined unprofessional conduct to include, “whether occurring in this state or elsewhere: .”
Cobia v. Abon, No. 1 CA-CV 19-0547 (Ariz. Ct. App. June 16, 2020).
· cites it 2×
Cobia v. Abon, No. 1 CA-CV 19-0547 (Ariz. Ct. App. June 8, 2021).
· cites it 2×
Gonzales v. State, No. 1 CA-CV 22-0278 (Ariz. Ct. App. Apr. 13, 2023).
· cites it 2× “394, 398, ¶ 15 (2001) (recognizing 4 “the practice of a profession is a right, not just a privilege”), and the Board cannot finally deprive them of that interest without due process of law, see Mathews, 424 U.”
Ariz. Rev. Stat. § 32-1663(A): 1 case
Culpepper v. State, 930 P.2d 508 (Ariz. Ct. App. 1996).
“See AR.S. §§ 32-1663(A) and -1601(10)(a). Accordingly, the Board acted within its authority when it denied Culpepper’s license application.”
Ariz. Rev. Stat. § 32-1663(A)(2): 2 cases
State ex rel. Dean v. Dolny, 778 P.2d 1193 (Ariz. 1989).
“Not only could one convicted of possession of this illegal drug expect decreased employment opportunities, one could also reasonably expect the imposition of conditions to be placed on employment or potential employment, such as drug counselling, treatment, or testing.”
State v. Superior Court, 589 P.2d 48 (Ariz. Ct. App. 1978).
“…§ 32-1263(A)(2); dental hygienists, § 32-1290; embalmers or funeral directors, § 32-1363(2), § 32-1365; nurses, § 32-1663(A)(2); optometrists, § 32-1755(1); psychologists, § 32-2081(1); real estate licensees, § 32-2153(A)(16); veterinarians, § 32-2232(A)(10); private…”
Ariz. Rev. Stat. § 32-1663(D): 5 cases
Minch v. Azbn, No. 1 CA-CV 16-0152 (Ariz. Ct. App. May 16, 2017).
“§ 32-1664(O); see also A.R.S. § 32-1663 (2017). The legislature has defined unprofessional conduct to include, “whether occurring in this state or elsewhere: .”
Cobia v. Abon, No. 1 CA-CV 19-0547 (Ariz. Ct. App. June 16, 2020).
Cobia v. Abon, No. 1 CA-CV 19-0547 (Ariz. Ct. App. June 8, 2021).
Gonzales v. State, No. 1 CA-CV 22-0278 (Ariz. Ct. App. Apr. 13, 2023).
“394, 398, ¶ 15 (2001) (recognizing 4 “the practice of a profession is a right, not just a privilege”), and the Board cannot finally deprive them of that interest without due process of law, see Mathews, 424 U.”
Ariz. Rev. Stat. § 32-1663(D)(4): 1 case
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