You have a good thing going with your rewarding North Dakota nursing practice and employment. You also know the substantial investment you made in your nursing education and examination to get your North Dakota nursing license. Your criminal arrest, charge, and conviction, though, could easily ruin your North Dakota nursing practice by resulting in a nursing license suspension, revocation, or other discipline. Whether you practice in Fargo, Bismarck, Grand Forks, Minot, West Fargo, Williston, Dickinson, Mandan, Jamestown, Wahpeton, Devils Lake, or any other North Dakota city or town, the LLF National Law Firm’s premier Professional License Defense Team stands ready to defend your North Dakota nursing license against Board of Nursing disciplinary charges following your criminal arrest, charge, and conviction. Call 888.535.3686 or complete this contact form now for the help you need to preserve and protect your North Dakota nursing license.
North Dakota Nurse Criminal Arrests
North Dakota’s nearly 800,000 residents committed well over 15,000 criminal offenses in the most recent year for which statistics are available. Drug crimes, drunk driving, and simple assaults were the most common crimes, but larceny, other property crimes, and other crimes against society and the person are also common in North Dakota. Nurses are not immune to criminal arrest, charge, and conviction. The North Dakota Board of Nursing disciplines nurses every year for criminal wrongs, whether a conviction occurred or not, as part of its commitment to protect the public and patients. The Journal of Nursing Regulation reports that criminal arrest, charge, and conviction are the cause for one out of every ten nursing board disciplinary actions nationwide, involving thousands of nurses. Male nurses and licensed practical nurses commit most offenses, but registered nurses and female nurses also incur discipline for criminal convictions. Drug possession, drunk driving, and theft are the most common crimes for which boards punish nurses, but domestic violence, patient abuse or sexual contact, insurance fraud, and other crimes can also result in discipline. Not reporting your disqualifying condition is a related disciplinary ground in 20% of disciplinary cases. Retain our skilled and experienced attorneys to help you defend and defeat your North Dakota disciplinary charges.
North Dakota Nurse Licensure Authority
The North Dakota Board of Nursing has the unquestionable authority to refuse to grant or renew your license, or to suspend, revoke, or otherwise discipline your license. The North Dakota Nurse Practice Act regulates nurse licensure in the state. North Dakota Code Section 43-12.1-03 requires any nurse intending to practice in the state to first obtain a North Dakota Board of Nursing license. You cannot accept employment, hold yourself out as a nurse qualified for practice, or use the LPN, RN, or other designations identifying you as a nurse if you do not have a valid license. Section 43-12.1-15 makes it a Class B misdemeanor crime to practice nursing without a license in North Dakota, punishable by up to thirty days in jail and a $1,500 fine for each offense. You’ll lose your employment as a nurse and your ability to practice nursing if you lose your license. Let us help you defend and defeat your North Dakota Board of Nursing disciplinary charges related to your criminal arrest, charge, and conviction.
North Dakota Nurse Licensure Requirements
Your criminal arrest, charge, and conviction can affect your ability to show that you continue to meet North Dakota nurse licensing requirements. The North Dakota Nurse Practice Act Section 43-12.1-09 states the general licensure requirements to include the requisite education and examination, and any other requirements the Board of Nursing imposes. Section 43-12.1-14 authorizes the Board of Nursing to deny, to refuse to renew, or to discipline with suspension or revocation any nursing license for a nurse committing a long list of violations, including suffering a criminal conviction. The next Section 43-12.1-09.1 expressly authorizes the Board of Nursing to conduct a criminal history background check on any new or renewal applicant for a license and on any nurse facing disciplinary charges. The Board of Nursing adopted its Administrative Rule 54-02-07-03.1, requiring nurses to self-report any criminal action taken against the nurse within thirty days after the action occurs. We’re here to help you defend and defeat license disciplinary charges relating to your criminal arrest, charge, and conviction.
North Dakota Nurse License Discipline for Crimes
As just indicated above, the grounds on which North Dakota Nurse Practices Act Section 43-12.1-14 authorizes the Board of Nursing to discipline your license include certain criminal actions. Section 43-12.1-14 defines those criminal actions to include a crime that “relates adversely to the practice of nursing,” where “the licensee or registrant has not demonstrated sufficient rehabilitation.” Both the statute authorizing discipline and Board of Nursing Administrative Rule 54-02-07-03.1 list several other disciplinary grounds that, while not referring expressly to criminal conviction, could constitute crimes, including patient harassment, abuse, or intimidation, falsifying of records, property misappropriation, and the diversion of drugs or supplies. The North Dakota Board of Nursing has plenty of authority to discipline your license if you suffer criminal arrest, charge, and conviction. Let us help you defend and defeat any such charges.
Examples of North Dakota Nurse Discipline Crimes
You can see from the above provisions that any crime relating adversely to nursing practice may result in the North Dakota Board of Nursing discipline. Below are the common categories of those crimes related to nursing. Our attorneys are available to defend your Board of Nursing disciplinary charges involving any of these or other crimes.
North Dakota Nursing License Discipline for Violent Crimes
The North Dakota Board of Nursing may pursue disciplinary charges against a nurse who suffers criminal arrest, charge, and conviction for violent crime if the Board believes that the violence may affect the nurse’s nursing practice. Violent crime may indicate that the nurse is a risk to patients and colleagues in the nursing facility, even if the violent crime occurred outside of the workplace. Violent crimes include manslaughter, simple assault, aggravated assault, robbery, and sex crimes. Beware the risk to your license of criminal charges involving violent crimes.
North Dakota Nursing License Discipline for Property Crimes
The North Dakota Board of Nursing Rule may also pursue disciplinary charges for property crimes that the Board believes relate to nursing practice. Those property crimes may include theft of hospital equipment or supplies, vandalism or other intentional damage to hospital buildings or equipment, theft of patient property, embezzlement of facility funds, insurance fraud, and similar crimes of dishonesty occurring outside the workplace, even down to shoplifting and criminal fraud for bad checks. Crimes of dishonesty outside the workplace may indicate a propensity to commit similar crimes in the nursing facility. Beware of property crime charges.
North Dakota Nursing License Discipline for Drug and Alcohol Crimes
The North Dakota Board of Nursing Rule may also pursue disciplinary charges for drug and alcohol crimes that the Board believes relate to nursing practice. Those crimes may include drunk driving, diversion of drugs from the workplace, and drug possession or distribution outside the workplace. Drug crimes outside the workplace may indicate the nurse’s drug dependency, addiction, or impairment, threatening the ability to practice nursing safely.
North Dakota Nursing License Discipline for Abusive Crimes
The North Dakota Board of Nursing Rule may also pursue disciplinary charges for abusive crimes that the Board believes may affect patient safety. Abusive crimes include assault, battery, and sexual assault. Abusive crimes can be among the hardest to defend against in a license proceeding, especially when involving patients.
Defending North Dakota Nurse Discipline for Crimes
Our attorneys may be able to defend your license against any of the above criminal issues, depending on your circumstances. We may be able to show that the court set aside your conviction, an appellate court overturned it, or the governor pardoned it. We may alternatively be able to show that the crime was not against a patient and did not create a risk to patients. We may be able to show that the crime occurred outside the workplace and would not affect the workplace. We may also be able to show that you had extenuating circumstances affecting your conviction or that you have completed your rehabilitation. Let us help defend and defeat your disciplinary charges.
Differences Among Arrest, Charge, and Conviction
You are least likely to face the North Dakota Board of Nursing discipline solely because of your arrest. If the arresting officers release you without pursuing charges, they may have misidentified you or lacked sufficient evidence of your criminal wrongdoing. You may be only a little more likely to face Board of Nursing disciplinary charges due to a criminal charge that the prosecutor abandoned or the court dismissed. We may be able to show that the charges were baseless, involved a constitutional violation by the police, and that any of your alleged actions bore no relationship to nursing and created no patient safety risk. You are much more likely to face the North Dakota Board of Nursing discipline for an actual criminal conviction. Yet we may be able to show that your conviction was not of a crime related to nursing practice, you had the conviction set aside, overturned, or pardoned, the crime bore no relationship to nursing practice, or you completed your rehabilitation.
Differences Among Specific Crime Charges
The North Dakota Board of Nursing may also consider the specific circumstances of the crime you committed. If you committed a crime in the course of your nursing practice, we may be able to show that it did not create any risk to patients or colleagues, the nursing facility suffered no loss or interruption, and you acted under extenuating circumstances and have completed your rehabilitation. If your crime involved violence outside the workplace, we may be able to show that you had an unusual cause for your actions that had nothing to do with nursing and that you are safe for nursing practice. If your crime involved drugs or alcohol, we may be able to show that it was a one-time occurrence due to extraordinary circumstances, that you have no abuse or dependency issue, and that you are fit for nursing practice. Let us examine your specific circumstances and raise the appropriate defenses. Do not assume that you’ll lose your nursing license. Remedial measures may be an option.
North Dakota Nurse Duty to Report Criminal Issues
You’ve seen above that North Dakota Board of Nursing Administrative Rule 54-02-07-03.1 requires nurses to self-report any criminal action taken against the nurse within thirty days after the action occurs. Do not try to conceal your criminal charge, arrest, and conviction. Concealing your criminal issue may result in a disciplinary charge for credential fraud. Instead, let us help you evaluate and comply with your reporting duty. When and how you report your criminal issue may have more to do with whether you face license discipline than the actual crime involved.
North Dakota Nurse Licensing Procedures
Our attorneys can help you exercise your right to constitutional due process when facing disciplinary charges before the North Dakota Board of Nursing. North Dakota Board of Nursing Administrative Rule 54-02-07-05.1 assures you of the right to a formal hearing before an administrative law official on any disciplinary charges. Other rules and laws detail your hearing rights and protective procedures. We can invoke those rights and conduct your hearing for your best outcome. If you have already lost your hearing, let us pursue your appeal rights and rights to civil court review and relief.
Premier North Dakota Nursing License Defense
If your criminal arrest, charge, or conviction has triggered or may trigger North Dakota Board of Nursing disciplinary charges, retain the LLF National Law Firm’s premier Professional License Defense Team for your best disciplinary outcome. Our attorneys help hundreds of nurses and other healthcare professionals in North Dakota and nationwide with license disciplinary defense. Call 888.535.3686 or complete this contact form now for our strategic and effective representation.