Section R4-19-405. Board-ordered Evaluations

A.      Under A.R.S. § 32-1664(F), the Board may order a licensee or CNA certificate-holder to undergo an evaluation by an inde- pendent 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 neuro- psychological evaluation, and other cognition evalua- tions;

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 lim- ited 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 rela- tionship 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 con- fidentiality agreement provided by the Board.

D.      Upon receipt of the evaluator’s signed confidentiality agree- ment, the Board may provide confidential investigative infor- mation and documents to the evaluator for the purpose of disclosing the reason for the evaluation, the focus of the evalu- ation, and the conduct causing the Board to order the evalua- tion 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 sentenc- ing 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.

Historical Note

Adopted effective February 20, 1980 (Supp. 80-1). For- mer Section R4-19-46 renumbered and amended as Sec- tion R4-19-405 effective February 21, 1986 (Supp. 86-1).

Repealed effective July 19, 1995 (Supp. 95-3). New Sec- tion made by final rulemaking at 14 A.A.R. 4621, effec- tive January 31, 2009 (Supp. 08-4).