Current through Register Vol. 30, No. 38, September 20, 2024
A. Under
A.R.S. §
32-1664(F),
the Board may order a licensee or CNA certificate-holder to undergo an
evaluation by an independent qualified evaluator for the purposes of
determining the licensee's or certificate holder's safety and competence to
practice. Evaluations may be in the areas of:
1. Nursing knowledge or skills or
both;
2. Mental functioning,
including but not limited to neuropsychological evaluation, and other cognition
evaluations;
3. Medical status
including but not limited to medical review of drug screen results, chronic
pain evaluation, physical examination, and biological testing;
4. Psychiatric or psychological status
including but not limited to substance abuse evaluation, boundary or sexual
misconduct evaluations, and psychological testing; or
5. Other similar evaluations that the Board
determines are necessary to evaluate a licensee or certificate holder's ability
to safely practice.
B.
Before making the decision to order the evaluation, the Board shall review the
allegations and investigative findings.
C. The Board retains the discretion to use an
evaluator based on the evaluator's licensure history, the Board's past
experience with the evaluator, and the quality of the evaluation provided.
Before conducting a Board-ordered evaluation, a potential evaluator shall
submit documentation that the evaluator:
1.
Possesses expertise and educational credentials in the area that the Board has
ordered an evaluation;
2. Holds a
license or certificate in good standing with a licensing or certifying board
located in the United States and discloses any past licensure disciplinary
actions and criminal history;
3.
Will provide equipment and environmental conditions necessary to conduct a
valid evaluation;
4. Has no current
or past treatment, collegial, or social relationship with the licensee or
certificate holder, any family member of the licensee or certificate holder, or
the licensee's or certificate holder's legal counsel;
5. Will not enter into a treatment
relationship with the licensee or certificate holder unless the relationship is
unavoidable due to geographical location or the specific expertise of the
evaluator; and
6. Agrees to keep
information provided by the Board under subsection (D) confidential as
evidenced by a signed confidentiality agreement provided by the
Board.
D. Upon receipt
of the evaluator's signed confidentiality agreement, the Board may provide
confidential investigative information and documents to the evaluator for the
purpose of disclosing the reason for the evaluation, the focus of the
evaluation, and the conduct causing the Board to order the evaluation
including:
1. The complaint and all
information that has been received during the investigation of the complaint.
Documents may include but are not limited to employment records, medical
records, arrest records, conviction and sentencing records, excluding FBI
fingerprint results, drug screen results, pharmacy profiles, witness
statements, past licensure history, and a summary of information obtained
during investigative interviews; and
2. The specific questions for which the Board
is seeking answers; and
E. The evaluator shall provide the following
information to the Board:
1. A professional
report that is objective, thorough, timely, accurate, and defensible;
2. Evaluation findings including diagnosis if
appropriate and assessment of ability to practice safely;
3. Recommendations for further evaluation,
treatment, and remediation; and
4.
Suggestions for assuring safe practice and compliance with treatment and
remediation recommendations, if any.
