Can a Student Be Denied Clinical Rotations Based Upon an Expunged Felony

My question involves labor and employment law for the state of: Arizona

Can a hospital refuse a student from participating in clinical rotations due to a felony if said felony was set-aside/vacated by the courts ?? Thanks.

Short answer, yes. In fact, you are likely not even eligible for a medical license.

https://www.azmd.gov/Statutes-Rules/9_policy.aspx

The az 13-907 states no occupational license can be withheld based on a set-aside conviction.I am not an MD or close to that, your link is irrelevent......Thanks.

I'd appreciate it if you would refrain from responding to my post....Thanks again.

Quote:

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Quoting 502882

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The az 13-907 states no occupational license can be withheld based on a set-aside conviction.

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That would depend on the nature of your conviction, which under your state's expungement laws still effectively exists even after it has been 'set aside'.

Quote:

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Quoting ARS Sec. 13-904(e)

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A person shall not be disqualified from employment by this stat e or any of its agencies or political subdivisions, nor shall a person whose civil rights have been restored be disqualified to engage in any occupation for which a license, perm it or certificate is required to be issued by this state solely because of a prior conviction for a felony or misdemeanor within or without this state. A person may be denied employment by this state or any of its agencies or political subdivisions or a person who has had his civil rights restored may be denied a license, permit or certificate to engage in an occupation by reason of the prior conviction of a felony or misdemeanor if the offense has a reasonable relationship to the functions of the employment or occupation for which the license, permit or certificate is sought.

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Yes, IOW, if you were convicted of forgery your application for a notary license could certaintly be denied.The field I am entering is Surgical technology.There is no licensure required but I do realise there are insurance liability questions here but I do believe that having the conviction vacated lifts that liability from an insurance standpoint.Thanks !

I believe you're playing word games.

But hey, if you wish to waste your time, have at it.

I have no idea why you should think a vacated conviction should not be an insurance issue. In fact, it can be an insurance issue even if you were NEVER convicted of a crime. Civil liability isn't the same as criminal culpability. Risk is even looser than civil liability. Further, in most states (including Arizona), there's nothing that says an institution can't arbitrarily deny you access to the program (other than for things like racial or ethic issues). And the ARS has no bearing on any state other than Arizona when it comes to licensure.

Your funny, go look in the mirror.

What a pointless discussion here.

You are a few tools short of a full surgery suite.

You seem unreachable. Its unfortunate that this site is full of nay sayers, its really not worth coming too.I think the statue is clear and all state licensing agencies I am aware of respect the statute, its the law and it applies.This site seems to be full os those who get their rocks off bashing others for their enjoyment.So be it.