Media
Fact Sheet
About the Board: |
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- The
Board is comprised of 12 members: 8
physicians and 4 public members, including
a licensed registered nurse. The Governor
appoints each Board member.
- The
Board meets regularly, every other month.
Special meetings may be called when
the Board discusses a Summary Suspension,
current legislative issues, or other
pressing discussion items.
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Common Terms Used
During Board meetings: |
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Formal Interview: A formal interview
is a forum for the physician to appear
before the Board and discuss the facts
of the case. A physician may choose
whether to attend a formal interview
or have the case heard at a formal hearing.
At the conclusion of a formal interview,
the Board may request that a Board Order
be drafted reflecting its decision.
The Board may also choose to issue an
advisory letter or dismiss a case without
merit.
- Formal Hearing: Formal
hearings are sent to an Administrative
Law Judge
(ALJ) at the Office of Administrative
Hearings (OAH). It is a full evidentiary
hearing, like in civil courts. The
ALJ hears the case, makes a recommendation
and refers the case back to the Board
for consideration. For media guidelines
on cameras in the courtroom, visit:
http://www.superiorcourt.maricopa.gov/publicInfo/mediaGuide/mediaGuide.asp.
- Summary
Suspension/Restriction: A Summary Suspension/Restriction
is an option to immediately suspend
or restrict a doctor's license to practice
medicine when the doctor poses an imminent
danger to the public health and safety.
If the Board takes this action, it is
required to serve the doctor with a
written notice that states the charges
and informs the doctor that he/she is
entitled to a hearing as expeditiously
as possible. The law regards this as
an extraordinary and punitive state
administrative agency action. Consequently,
the Board must establish and have in
its administrative record substantial
and reliable evidence to support the
Board's conclusion that the doctor poses
an imminent danger to the public health
and safety.
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Adjudication Process:
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- There
are three stages most complaints follow
before final case resolution. They are:
(1) Investigation, (2) Staff Investigational
Review Committee (SIRC). SIRC reviews
cases to ensure that the alleged conduct
would be a violation of Medical Practice
Act and that there has been a complete
investigation. SIRC then prepares a
factual analysis of the issues presented
and makes recommendations for Board
consideration, and (3) Board meeting.
The Board makes a final determination
of all cases, including those referred
from a formal hearing.
- During
any one of these stages, the case may
be forwarded to the Executive Director
for action. The Executive Director may
dismiss the case, enter into an agreement
for practice limitation, enter into
an interim agreement while the case
proceeds, or issue an interim investigative
order.
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