Despite the seemingly superhuman selflessness and Herculean work ethic they're known for, nurses are ultimately just people. They are subject to the same mistakes, misunderstandings, and other circumstances that can lead one to be arrested. Yet, unlike many others, nurses are beholden to strict professional regulations that make an arrest into a far more consequential catastrophe, especially when nurses do not take the steps necessary to protect their careers.
Your primary concern after being arrested may be any legal proceedings to follow, especially if you're facing a serious charge or sentence. However, this is one of those times when you have two similarly important concerns to address, as your nursing license is not an asset you should willingly sacrifice.
The Lento Law Firm Professional License Defense Team understands professional disciplinary proceedings and defensive strategies far better than most. This is our professional focus, and we have helped many nurses overcome career-threatening disciplinary proceedings—even in cases where the odds seemed long.
Call the Lento Law Firm today at 888-535-3686 or contact us online to discuss how a compelling professional license defense is as important as an effective legal defense.
To Report or Not to Report an Arrest? That's the Question—One of Many, Actually—We're Here to Answer
Most nurses who've been arrested have a common question: Do I have to report the arrest to my nursing board? The answer is generally “no,” and it's typically smart for the nurse not to report anything to the nursing board unless they absolutely have to.
We generally encourage you not to report an arrest to the South Carolina Board of Nursing (SCBON) unless you are compelled to because:
- The SCBON can impose professional discipline whether or not you are convicted of a crime, and alerting the Board to your arrest could mean handing over grounds to discipline you
- There is no way to predict how the SCBON will perceive the circumstances that led to your arrest—you might view yourself as a victim of overzealous law enforcement, but the Board may not see matters the same way
- You're simply not required to report an arrest, and you should feel no obligation of any sort to do so
One benefit of hiring the Lento Law Firm Professional License Defense Team is that we can provide personalized guidance. The SCBON, like nursing boards in most states, does not require nurses to self-report arrests, but if circumstances ever require self-reporting, our clients are aware of the mandate.
There's a Chance the SCBON Finds Out About an Arrest Even If You Don't Report It (Which You Generally Shouldn't)
The South Carolina Board of Nursing may become aware of your arrest despite you not reporting it, and some channels through which the SCBON might learn of your arrest are:
- Through the Board's monitoring of local arrest records
- From a report from local law enforcement, which may be mandated or choose to alert the Board of Nursing when nurses are arrested for certain offenses
- From a complaint issued by an employer, co-worker, or other party who found out about the arrest on their own
- Through a complaint from a member of the public who learns of the arrest on their own accord
- During the Board's criminal background check procedures
- From a South Carolina court that alerts the SCBON when a case involves a nurse
All it takes is one internet search, phone call, letter, or complaint to tip off the Board of Nursing that a nurse has been arrested. From there, the Board might choose to take further action.
This potential for the slightest coincidence, like an unfriendly co-worker or SCBON employee stumbling upon that week's docket of bookings, to trigger formal disciplinary proceedings shows why you should retain the Lento Law Firm today, and not a second later.
What Happens If the SCBON Finds Out About My Arrest?
The circumstances that led to your arrest might, in the SCBON's view, be grounds for investigation and potential sanctions. If the Board discovers your arrest, it may then:
- Evaluate the facts that precipitated the arrest: While the two often communicate, the Board of Nursing is independent from South Carolina's courts. The Board has autonomy to investigate and issue sanctions, and may do so regardless of the statute of legal proceedings.
- Conduct its own investigation: If the Board sees reason, it may assign an investigator to your case. Investigators generally speak with the nurse who was arrested, interview any willing witnesses, and evaluate all other relevant information to determine whether sanctions are warranted.
- Find you responsible for violating the Nurse Practice Act: You might also undergo a hearing before the Board determines if you deserve sanctions. The focus of the hearing will likely be the same alleged events that led to your arrest. Your attorney from the Lento Law Firm will ensure you're thoroughly prepared for any upcoming hearing.
- Pursue sanctions against you: The SCBON might propose a Consent Agreement that includes an admission of wrongdoing by you and an outline of proposed sanctions. If you don't accept such an agreement, the Board might hit you with sanctions following a hearing.
If you face professional discipline, we can appeal the sanction(s) on your behalf. Of course, the alternative outcome to these proceedings is that you're found not responsible and avoid sanctions altogether. That's typically our goal.
Our team's role is to protect you from any professional discipline you might be able to avoid, or at least lessen. We have guided countless nurses through disciplinary proceedings, which can be whiplash-inducing for the uninitiated, which most nurses are.
How Your Circumstances Might Change If an Arrest Leads to a Conviction
While state statutes are fairly ambiguous in how the Board might respond to a nurse being clearer, the law is clearer when it comes to convictions. South Carolina's Nurse Practice Act § 40-33-110 specifically prohibits (and endorses discipline in response to):
- Violations of federal, state, or local law “involving alcohol or drugs”
- Convictions, guilty pleas, or no-contest pleas to felony offenses
- Crimes of moral turpitude, a somewhat subjective category that generally alludes to uncommonly immoral offenses—this sort of subjective language shows how much leeway the Board of Nursing has to enact discipline as it sees fit
The overt and implied language within the Nurse Practice Act is that a conviction is generally clear grounds for discipline. While a mere arrest could be sufficient reason to impose professional sanctions on a nurse, a conviction is almost definitely grounds for discipline.
Do I Have to Report a Conviction to the South Carolina Board of Nursing?
Nurses in most states, including South Carolina, are expected to report criminal convictions to the Board of Nursing. Due to the public nature of criminal proceedings and courts' general practice of reporting the outcomes of cases involving nurses to regulatory boards, the Board is likely to find out about a conviction on its own.
Failing to report your criminal conviction promptly could expose you to additional sanctions and may appear as if you attempted to conceal the conviction from the Board. If your circumstances require it, an attorney from the Lento Law Firm will ensure the SCBON receives notice of a conviction at the proper time in the proper format.
Why You Should Retain the Lento Law Firm as Soon as Possible After Your Arrest in South Carolina
It's preferable to treat an arrest as a potential career-defining moment rather than shrugging it off as no big deal. While we hope that an arrest leads to no formal charges and certainly not a conviction, the fact is that professional sanctions can result from an arrest, even if you're eventually exonerated.
You should not wait to reach out to our Professional License Defense Team because:
The Board of Nursing Might Initiate Disciplinary Proceedings at Any Time. It Benefits You to Be Prepared.
You might be receiving daily reports from your criminal defense lawyer that the case is breaking your way. Even so, a notice from the South Carolina Board of Nursing that you're facing an investigation could make all the progress in your legal defense seem trivial.
If you retain us to prepare for a potential (or certain) SCBON investigation, you won't have to sweat if and when the notice of disciplinary proceedings arrives.
Legal Defense and Nursing License Defense Are Entirely Unique Undertakings—and Both Vitally Important
Just to be clear, you should retain one type of lawyer to address criminal proceedings, and another lawyer, from our firm, to lead your license defense efforts. The courts and the South Carolina Board of Nursing:
- Have different standards for finding a nurse responsible for wrongdoing
- Have different procedures
- Involving distinct individuals with distinct personalities, biases, investigative techniques, reasoning processes, and reputations
- Are both complicated, unpredictable organizations, and having a lawyer to handle each is entirely logical for a nurse who values both their reputation and their career
Professional license defense is our wheelhouse, and we want to help you fight for the nursing career you've invested years of your life to establish.
You Don't Have to Be Convicted to Be Disciplined
We previously noted that the SCBON has its own disciplinary standards and does not require a criminal conviction to impose sanctions on a nurse. South Carolina's Nurse Practice Act § 40-33-110 explicitly states that “a conviction is not required to prove misconduct” in disciplinary cases.
You can face professional discipline regardless of whether your arrest was justified or criminal courts find you guilty. We will work hard to ensure you don't face such professional sanctions.
Some Questions You Might Have in the Wake of an Arrest
We have helped many nurses facing the fallout of an arrest, so we suspect that you might be wondering:
Does It Matter if My Arrest or Conviction Is Related to My Nursing Career?
The Nurse Practice Act § 40-1-140 notes that, while a prior criminal conviction is not reason alone to deny a nursing license, a conviction of an offense specific to the field of nursing might be sufficient grounds to deny a license. This shows that the Board may handle arrests and convictions related to the field of nursing more seriously than other legal matters, though each nurse's circumstances are evaluated on a case-by-case basis.
What Kind of Discipline Might I Face from the SCBON Because of an Arrest?
The details of allegations against you, the existence or lack of evidence against you (or in your favor), whether you're convicted, and several other factors can affect the range of discipline you might face. That said, the South Carolina Board of Nursing has the legal authority to:
- Reprimand you
- Place you on probation
- Fine you
- Require you to undergo mandatory education or retraining
- Suspend your license
- Revoke your license
Often, the Board's sanctions feel excessively harsh, and even a punishment you might consider “light” could devastate your career and quality of life.
Does a Conviction Guarantee That I Will Face License Discipline?
While a conviction does not necessarily guarantee you will face professional sanctions, it can directly affect how the Board of Nursing rules in disciplinary proceedings, and not favorably.
Do the Details of Why I Was Arrested Matter to the Board of Nursing?
Yes, they should. For instance, if the evidence against you is weak, or you were struggling with a substance abuse problem at the time of arrest, these facts could motivate the Board towards leniency. Some nurses might even be eligible for an alternative resolution, such as a substance abuse treatment program, if a nurse's addiction contributed to an arrest.
Call the Lento Law Firm Team Today About Defending Your Nursing License (and Your Name)
For many nurses, their career is not just a means of making a living. Your career might be a critical piece of your identity, and sanctions affecting your nursing license may very much affect you as a person—your financial stability, mental health, and quality of life may all be at risk.
Your hard-earned career deserves a wholehearted defense from a proven team. Call the Lento Law Firm today at 888-535-3686 or contact us online to learn more about how our Professional License Defense Team will fight for you.
