Considering the high-stress responsibilities, working as a nurse in West Virginia is already difficult on its own. However, it's often worse if you're also facing issues like protective orders and domestic abuse allegations. Not only can the pressure affect your performance, but the charges can lead to disciplinary action against your nursing license.
If that's what you're going through right now, you don't have to figure it out alone. Just like you take care of others, let the Lento Law Firm Professional License Team take care of you and secure your future as a nurse. Learn more by calling them today at 888.535.3686 or filling out this contact form.
What the West Virginia Board of Registered Nurses Does with Protective Orders and Domestic Abuse Charges
Law enforcement doesn't automatically tell the West Virginia Board of Registered Nurses when its licensed professionals receive protective orders or become defendants in domestic abuse cases. Nevertheless, the board can discover this information in other ways.
For instance, the protective order and/or domestic abuse allegations are often reportable in criminal history background checks, which the board requires when you're applying for a new nursing license or renewing an existing one. The only exception would be if more than seven years have passed since the charges were filed or the cases were dismissed. Although the board doesn't require that you self-report the charges either way, your forthrightness might balance out their skepticism.
Another possibility is that someone who is aware of your legal troubles could file an official complaint and report the charges to the board.
The West Virginia Board of Registered Nurses follows basically the same disciplinary process no matter how they discover the charges. It starts with a formal investigation, which means gathering any relevant documents, communications, videos, recordings, photographs, witness testimonies, and victim statements.
Once the investigation is complete, the board will review the information to decide whether it wants to hold a hearing with you to better understand the situation. In most cases, however, they'll come up with an informal resolution called a consent agreement and ask you to comply with it. If you refuse, then they'll arrange a formal disciplinary hearing.
The board may decide that you're guilty based on the investigation results or during the hearings. In that scenario, you could expect any of the following disciplinary actions.
Formal Reprimand
With a written statement, the board publicly acknowledges the violation or crime you committed and discourages you from reoffending or escalating. This is known as a formal reprimand, and it may or may not accompany other sanctions.
By itself, the reprimand is easily the lightest of the disciplinary actions. However, it can still make patients and employers hesitant to work with you if they read it. You might lose out on some opportunities with a reprimand on your record.
Administrative Fines
Some complaints and investigations are costly to resolve, especially alongside all the normal expenses of maintaining and operating the West Virginia Board of Registered Nurses. To express their disapproval and deter you from committing additional offenses, the board might sanction you with administrative fines up to $1,000 per day per violation.
These fines alone could become a significant financial burden to your way of life, but consider how it would hinder your career development, too. You'd have difficulty paying for fees or continuing education courses that would help you advance, and you might never manage to make up for the lost time or opportunities.
Remedial Education
The circumstances or factors that led to the protective order and domestic abuse charges might be addressed in an educational course or seminar for nurses. If so, the board may demand that you complete one of them before returning to full-time work.
Depending on the educational program to which you're assigned, you may have to spend time away from work. That's not necessarily detrimental if they're meant to help you advance, but remedial education only ensures that your career remains intact as it already is. It could significantly delay your aspirations.
Probation
The good news with probation is that you can continue practicing as a nurse. The bad news is that the board might restrict your authority and abilities. That is, you might be barred from handling specific tasks, taking certain shifts, or working with particular fields, offices, or demographics. The probation wouldn't end until your documented hours match a predetermined time period set by the board.
Building a desirable resume depends partially on being able to say that you're proficient in numerous tasks, roles, and specialties. Probation could prevent that by forcing you to refrain from duties that would enhance your employability or allow you to master new skills. Plus, your colleagues might become resentful of you, knowing that they must handle some of the tasks that you can't do.
Impaired Nurse Treatment Program
Drug and alcohol abuse and addiction can cause many problems, and one of them is a greater likelihood of committing domestic abuse or other crimes that would warrant protective orders. Luckily, the West Virginia Board of Registered Nurses offers an alternative to discipline program, which they call the Impaired Nurse Treatment Program. They could require you to enroll and prevent you from practicing nursing until you've completed it.
It's probably comforting to know that you would still have a job after receiving treatment for an addiction to drugs or alcohol. However, your absence from work might diminish your skillset and create an unattractive gap in your employment history. You might also have trouble overcoming the social stigma of going through a rehabilitation program.
License Suspension
The board might decide that you can keep your nursing license intact, but only after you go through a suspension period. As a forced break from nursing, you would have to wait a certain amount of time or fulfill a set of conditions to the board's satisfaction before you could actually practice again.
The upside is that a suspension is not a loss of your nursing license. Nevertheless, it can severely impact your credibility with other employers if you ever wanted to switch jobs or get a promotion; they might frown upon the history gap and/or the suspension itself. You would also have no choice but to find a different (and probably lesser) source of income during the suspension, all while your nursing skills get duller and you miss chances to develop new ones.
License Revocation
Most nurses would consider license revocation the worst possible sanction. This means that the board will invalidate your existing nursing license or deny you a new one, as the case may be. You would be legally unable to practice nursing anywhere in West Virginia. The board allows you to apply for reinstatement any time after revocation, but you would have to jump through more hoops than usual to prove your competence and trustworthiness. Your administrative fees might be higher, too.
The potential issues with license revocation are basically the same as with suspension. You would need to support yourself financially through some other means until you could convince the board to reconsider their decision to bar you from nursing. Even if you regain your license, employers might doubt you, so jobs could be hard to come by.
Regular Board Interviews
No matter which sanction the West Virginia Board of Registered Nurses selects, they might add the stipulation that you must periodically check in to interview with them about your progress. Usually, these interviews take place every few weeks or months.
Never mind the fact that these interviews might take away from your valuable work or personal time. Some nurses may also find these interviews intrusive or demoralizing, perhaps as if they're a child under constant surveillance. It can put unnecessary stress on your mind and affect your performance.
Why Protective Orders and Domestic Abuse Charges Matter to the West Virginia Board of Registered Nurses
Most people would agree that your personal life should be separate from your professional one, so why would the West Virginia Board of Registered Nurses put so much effort into investigating protective orders and domestic abuse charges that had nothing to do with your work? The answer to that question is multifaceted.
In the eyes of the board, many of the same characteristics that motivate a person to engage in domestic abuse or become subjects of protective orders can also influence their performance as nurses. There's also potential for overlap between the workplace and legal issues arising from criminal convictions.
If you're still not sure about the connection, consider these concerns that the board might have with nurses in situations like yours.
Unavailability Due to Sentencing
Criminal convictions sometimes carry sentences that include jail time, probation, and/or community service requirements. They could all force a nurse to be absent from work for long periods of time or reduce their availability for particular shifts and locations. Many employers don't want to hire a nurse with so many restrictions on their time and ability, so the board may believe that sanctions are more prudent.
Penalties for Violations
Say that an employer chooses to work with you despite the cumbersome court penalties. They might end up regretting that decision if you accidentally or purposely violate the terms to which you agreed in your sentencing. For example, some violations result in new criminal charges and/or additional time in jail, making you unavailable for work. Sanctions could seem simpler to the board.
Issues with Mental and Emotional Health
Studies show that mental and emotional health problems often play significant roles in domestic abuse and protective orders. The stress of facing criminal charges and civil actions can easily compound those problems. Loss of motivation, poor concentration, excessive fatigue, projection, hypersensitivity, and general disrespect can all come from poor mental and emotional health, and none of them are desirable traits in nurses. Knowing that they can't force someone to change, the board might impose sanctions instead.
Lawsuits Due to Poor Conduct
Under the West Virginia Board of Registered Nurses' code of ethics and professionalism, all nurses must uphold clearly defined standards of quality in their behavior and performance. This includes refraining from harassment, assault, bullying, intimidation, stalking, and making threats—all of which are common to domestic abusers.
A nurse who is guilty of such actions in their personal life is more likely to repeat them in the workplace as well, making the board vulnerable to lawsuits from victims. The board may view sanctions as a means of protecting itself.
Options for Protecting Your Nursing License in West Virginia
Whatever decisions the criminal and civil courts make may not necessarily affect those of the West Virginia Board of Registered Nurses. They're a separate entity that can treat you differently in accordance with its needs. That's why you need the Lento Law Firm Professional License Defense Team to help you deal with the board specifically. Potential solutions include:
Negotiating a Deal
Chances are, the board will be lenient with you if you take the initiative to offer them a mutually beneficial deal. It might consist of concessions or conditions that you will agree to honor if they take the heaviest sanctions off the table. Let the Lento Law Firm Professional License Defense Team help you create the perfect proposal.
Educating Yourself About Domestic Violence
Domestic abuse has long been a topic of interest for researchers across many specialties. A lot of their findings have been applied to educational and rehabilitative programs designed to help offenders identify and overcome the root causes behind their harmful mindsets and behaviors. The West Virginia Domestic Violence Class is a great example.
If you promise the board that you will complete such a program, or if you can prove that you already have, they might be more inclined to trust you and withhold sanctions.
Filing an Appeal
Don't give up on your case if the board has already adjudicated it against your favor. Work with the Lento Law Firm Professional License Defense Team to appeal their decision so that you can try again to address their concerns and win their sympathy or approval.
Why Hire the Lento Law Firm Professional License Defense Team?
Everything that you could do to protect your nursing license is more likely to be successful when you have the Lento Law Firm Professional License Defense Team on your side. With a nationwide reputation for excellence and dedication, the team is adept at preserving nurses' licenses and careers, regardless of what happens in criminal and civil courts.
Get Support for Your Nursing Career in West Virginia
You've already put a lot of hard work into your job as a nurse. Don't let protective orders and domestic abuse allegations take it away from you. Instead, partner with intelligent attorneys who are committed to protecting your nursing license. Call the Lento Law Firm Professional License Defense Team today at 888.535.3686 or fill out this contact form and schedule a consultation.
