Policy For Notification Of Affected Parties

NOTICE OF AGENCY
SUBSTANTIVE POLICY STATEMENT #1

The Arizona Board of Medical Examiners
9545 East Doubletree Ranch Road, Scottsdale, Arizona 85258


1. Title of the guidance document or subject of the substantive policy statement and the guidance document number or substantive policy statement number by which the document or policy statement is referenced:

Notification of Affected Parties. (SPS #1)

2. Date of the application of the guidance documents or the date the substantive policy statement was issued and the effective date of the document or policy statement if different from the publication or issuance date:

Originally Published October 1995, Revised May 1999, Revised June 2000.

3. Summary of the contents of the guidance document or the substantive policy statement:

Describes when, in the process of investigating complaints and taking actions pursuant to A.R.S. §32-1451, notices are provided to complainants, physicians, the Board, and the Office of the State Attorney General.

4. A statement as to whether the guidance document or substantive policy statement is a new document or statement or a revision.

Revision

5. The name, address and telephone number of the person to whom questions and comments about the guidance document or substantive policy statement may be directed:

Deputy Director
Arizona Board of Medical Examiners
9545 East Doubletree Ranch Road
Scottsdale, Arizona 85258 (480) 551-2700

6. Information about where a person may obtain a copy of the guidance document or the substantive policy statement and the costs for obtaining the document or policy statement:

Available from the Board of Medical Examiners.
Twenty-five cents per page copying cost.

 

Arizona Board of Medical Examiners
Notification of Affected Parties Table

Stage in the Process

 

  Notice to Complainant Notice to Physician Notice to Board Notice to State (A.G.’s)
Receipt of Complaint Notice Required by Law?
  		No
 
  		Yes, “as soon as reasonable” (A.R.S.§32-1451) No
 
  		No
 
 
Notice Provided by Board? Yes (Exhibit 1) Yes (Exhibit 2) No No
Investigation Notice Required By Law?
No
  		No No
No
 
Notice Provided by Board? Yes, periodically during the investigation Yes, periodically during the investigation No No
Board Meeting for Complaint Discussion Notice Required by Law? No
  		No
  		Yes, not less than 24 hours
(A.R.S.§38-431.02) 		No
 
Notice Provided by Board? Yes Yes Yes Yes
Formal interview Notice Required by Law?
  		No
 
  		Yes, generally at leas 20 days notice pursuant to A.R.S. §41-1061(A). Yes, as above for Board Meeting 
  		No
 
 
 
Notice Provided by Board? No 1 Yes, generally at least 20 days notice pursuant to A.R.S. §41-1061(A). (Exibit 4) Yes, as above for Board Meeting Yes
Formal Hearing before Hearing Officer Notice Required by Law?
  		No
 
  		Yes, at least 20 days (A.R.S. §41-1061(A) No
 
  		Yes, at least 20 days (A.R.S.§41-106(A))
 
Notice Provided by Board? No 1 Yes No Yes
Board Consideration of Hearing Officer’s Report at a Formal Hearing Notice Required by Law?  No Yes, as for Board Meeting   Yes, as for Board Meeting   Yes, as for Board Meeting  
Notice Provided by Board? No 1 Yes, generally 20 days Yes, as for Board Meeting Yes, generally 20 days
Oral Argument on Motion for Rehearing or Review Notice Required by Law? No Yes, as for Board Meeting Yes, as for Board Meeting Yes, as for Board Meeting
Notice Provided by Board? No1 Yes, as for Board Meeting Yes, as for Board Meeting Yes, as for Board Meeting
Rehearing Before Hearing Officer Notice Required by Law? No   Yes, at least 20 days (A.R.S.§41-1061(A)) No Yes, at least 20 days (A.R.S. §41-1061(A))
Notice Provided by Board? No 1 Yes No Yes
Final Decision Notice Required by Law? No No 2 No No
Notice Provided by Board? Yes Yes No No
Results of Any Appeals Notice Required by Law? No No No No
Notice Provided by Board? No 1 No (Provided by Doctor’s Attorney) No No

 1 The Board notifies complainants of Informal Interviews, Hearings and Rehearing even though not required by law.
 2 There are no specific notice requirements, but the Board's final decisions/Orders in contested cases are required to be served on the doctor by personal deliver to the doctor by certified mail to the doctor's last known address of record. There is no specific time frame in which the decision must be served.

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Originally Published October 1995, Revised June 1999.