The Arizona State Board of Nursing must follow new rules for handling complaints against nurses and other license or certificate holders, and it can now expunge certain past disciplinary actions once per person, with some types of discipline never eligible.
Official title: nursing board; regulatory actions; expungement
- September 12, 2026
What changes
-
NowSexual conduct with a current patient, or with a former patient within 6 months after the last treatment, is listed as unprofessional conduct. This does not apply if the patient was the licensee's spouse, or was in a dating or engagement relationship with the licensee right before the nurse-patient relationship.
-
NowComplainants must identify themselves and be available for an interview. They may ask that their identity stay confidential. The board may act on an anonymous complaint only if it has enough information, without the anonymous person's testimony, that a violation directly affecting patient safety may have occurred, or if the complaint is backed up by records, witnesses, patterns or data.
-
NowWithin 180 days of getting a complaint, the board must submit it for review, dismiss it as unsubstantiated, or report why it needs more time. It may then extend the investigation by 100 days or dismiss without prejudice, meaning it can reopen the case within 2 years if new evidence comes in. The person under investigation must get written notice and generally at least 15 business days to respond.
-
NowThe person under investigation gets at least 15 business days' notice before a board meeting on the case and access to the investigative file. Administrative dismissals and nondisciplinary remedial actions may not be made public or reported to the national practitioner data bank.
-
NowA licensee or certificate holder may ask in writing to have past discipline expunged, and only one expungement is allowed per person. Discipline for a late renewal, missed continuing education or a documentation error must be expunged if it is at least 2 years old, its terms are met and there are no later violations. Other discipline may be expunged after 5 years if the person has had no more than 2 total disciplinary actions, with exceptions such as patient harm, sexual misconduct, impairment, fraud or certain crimes. Expunged actions need not be reported on future Arizona license applications.
Who it affects
- Nurses, nursing assistants and other people licensed or certified by the nursing board
- People who file complaints with the nursing board
- Patients
- Nursing schools and nursing programs
- Arizona State Board of Nursing
- State Board for Private Postsecondary Education, Arizona Board of Regents and community college district governing boards
What you need to do
Nothing, unless you want an eligible past disciplinary action expunged; that request must be made in writing to the board.
What the law doesn't answer
- Whether there is a fee to request an expungement
- How long the board has to decide an expungement request
- What exactly happens to an expunged record, such as whether it is removed from public view
- What the board's complaint-priority policy will say beyond the listed highest-priority complaints
- What time the board will set by rule for nursing programs to correct defects
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.