Arizona Laws 32-3552. Grounds for denial of licenses or disciplinary action; judicial review
A. The board may deny an application for a license or take disciplinary action pursuant to section 32-3553 if the applicant or licensee:
Terms Used In Arizona Laws 32-3552
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Board: means the board of respiratory care examiners. See Arizona Laws 32-3501
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Licensed respiratory care practitioner: means a respiratory therapist who is licensed pursuant to this chapter. See Arizona Laws 32-3501
- negligently: import a want of such attention to the nature or probable consequence of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. See Arizona Laws 1-215
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Unprofessional conduct: includes the following:
(a) Committing a felony, whether or not involving moral turpitude, or a misdemeanor involving moral turpitude. See Arizona Laws 32-3501
1. Makes a material misrepresentation on an application or procures a license by fraud.
2. Negligently or knowingly employs an unlicensed person who represents himself as a licensed respiratory care practitioner.
3. Commits an act of unprofessional conduct.
4. Is convicted of a felony if the conviction has not been set aside by the court. Conviction by a court of competent jurisdiction is presumptive evidence that the person committed the felony.
B. Except as provided in Section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to Title 12, Chapter 7, Article 6.