If you are a licensed nurse in Arizona, you already understand that the profession you're in demands more than clinical expertise. The Arizona State Board of Nursing holds you to the highest standards of professional conduct and ethical behavior. This commitment to excellence is essential to maintaining the trust of patients and colleagues. That means that if you are arrested for any crime, you stand to face more than just fines, probation, or jail time--your license career could also be at risk, even if you successfully fight the charges in court.
While the Board of Nursing is understandably more likely to impose disciplinary action if you're convicted of a crime, it's critical to recognize that an arrest alone can trigger an investigation into your fitness to practice. The Board has the authority to review your case, regardless of whether charges are dismissed or resolved in your favor. This scrutiny could lead to serious consequences, including suspension or even revocation of your license. The reason? The Board is not required to prove your guilt beyond a reasonable doubt the way court prosecutors do--and they are more likely to err on the side of caution if they feel public safety or public trust has been violated by your actions.
So effectively, if you're a nurse who was arrested and charged with a crime, you're possibly facing battles on two fronts--one in criminal court and one before the Board of Nursing--and the attorney defending your innocence in court may or may not have the legal knowledge necessary to protect your license. The Professional License Defense Team at the Lento Law Firm, however, has extensive experience representing nurses across the country who are facing threats to their license--whether it's over an arrest, criminal charges, or other allegations of misconduct. We know how the Arizona State Board of Nursing views these allegations, and we'll work on your behalf to obtain the best possible resolution for your case. To schedule a consultation, call 888-535-3686 or fill out our online contact form.
Self-Reporting Rules for Arizona Nurses: Do You Have to Report an Arrest?
Arizona nurses are held to strict standards of accountability, including specific legal requirements related to self-reporting criminal charges or convictions. These obligations are outlined by state law to ensure transparency and maintain trust in the nursing profession.
Specifically, nurses are required to self-report to the Arizona State Board of Nursing any of the following:
- A felony charge OR conviction (regardless of the offense); and/or
- A misdemeanor charge OR conviction "involving conduct that may affect patient safety."
It is important to note that the obligation to self-report applies only if an arrest results in criminal charges. If no charges are filed after an arrest, there is no legal requirement to report the incident. However, once charges are issued, whether for a felony or a relevant misdemeanor, reporting becomes mandatory.
Arizona law specifies that nurses must notify the Board of any reportable charges within 10 business days of becoming aware of them. This deadline is non-negotiable, and failure to meet it can itself be considered grounds for disciplinary action independently of the charges themselves.
Bear in mind that even in meeting this self-reporting requirement, the Board still has the right to investigate the initial conduct that led to the criminal charges or conviction. Depending on what the investigation uncovers, disciplinary measures could range from fines and monitoring to suspension or even revocation of your nursing license.
What Types of Misdemeanor Charges Must Be Reported to the Board of Nursing?
While any and all felony charges must be reported to the Board, the rules limit reporting misdemeanors only to those offenses "involving conduct that may affect patient safety." To that end, the Arizona State Board of Nursing has developed a list of offenses that meet this criteria. Examples include, but are not limited to:
- Driving Under the Influence (DUI): Impaired driving reflects concerns about judgment and reliability, both critical qualities in a healthcare provider.
- Domestic Violence: Incidents of physical aggression suggest a potential for unprofessional or unsafe behavior in the workplace.
- Assault: Charges involving physical harm or threats indicate risks to patient welfare and safety.
- Theft or Fraud: Criminal activity related to dishonesty can undermine the trust inherent in the nurse-patient relationship.
- Drug-Related Offenses: Charges such as possession or misuse of controlled substances raise concerns about substance use and its impact on safe nursing practice.
The Board assesses these cases individually, taking context and circumstances into account. Even when the misdemeanor may not seem directly related to the nursing role, the implications for patient safety often dictate whether it must be reported. By proactively addressing these requirements, nurses uphold their responsibility to the profession and to those they serve.
How an Arrest Can Still Jeopardize Your Nursing License Regardless of Criminal Charges
The nursing profession in Arizona is regulated by the Nurse Practice Act, which consists of relevant statutes from the Arizona Revised Statutes and specific rules from the Arizona Administrative Code. Most infractions that lead to disciplinary actions consist of some violation of the Nurse Practice Act--most notably, the section on unprofessional conduct. Interestingly, the Board of Nursing is actually less concerned with whether your criminal charges lead to a conviction than whether your actions that triggered the arrest violated the Nurse Practice Act. This means that even if no charges are filed or a case is dismissed, the Board may still take disciplinary action against your license.
The Board is granted broad authority to investigate nurses over alleged unprofessional conduct as defined by the Nurse Practice Act, and an arrest by definition suggests the possibility of unprofessional conduct. The Board assesses these matters based on the preponderance of the evidence standard. This standard is notably lower than the criminal justice system's requirement of proof “beyond a reasonable doubt.” Under the preponderance standard, the Board only needs to conclude that it is more likely than not that unprofessional behavior occurred. Even without a criminal conviction, if the facts surrounding the arrest suggest a violation of professional ethics or patient safety, the Board may impose disciplinary actions. (And remember, failing to self-report an arrest that results in criminal charges may itself be considered unprofessional conduct.)
Fingerprinting and Criminal Background Checks for AZ Nurses
When applying for licensure as a nurse in Arizona, one of the key requirements is submitting a set of fingerprints for state and federal criminal background checks. These checks are a standard procedure conducted by the Arizona State Board of Nursing to ensure that licensed professionals meet the high ethical and professional standards expected in the nursing field.
The background checks reveal any prior arrests or convictions, even those that may not have been previously disclosed. This process allows the Board to review an applicant's complete legal history in order to evaluate whether any past incidents may impact their ability to safely and professionally care for patients. These findings play a crucial role in the licensure decision-making process.
If you have failed to meet the requirement to self-report reportable incidents, such as certain arrests or convictions, this omission could raise red flags during the background check process. Not only does failing to self-report violate state law, but it also gives the Board reason to question your accountability and honesty. Thus, undisclosed arrests or convictions are likely to lead to delays or even denial of an application for licensure.
Does Arizona Offer Alternative-to-Discipline Programs for Nurses?
Yes, it does. Arizona offers an alternative-to-discipline (ATD) monitoring program designed to assist nurses dealing with substance abuse, mental health, or physical health challenges that may have affected their professional performance. These programs focus on rehabilitation and support, recognizing that addressing the root causes of concerns can lead to better outcomes for both nurses and their patients. These programs typically involve close monitoring, treatment plans, and ongoing evaluations, all tailored to help nurses regain their professional standing while maintaining public safety. By participating in an ATD program, nurses not only prioritize their health and well-being but also strengthen their case for retaining their license and continuing their careers in nursing.
If your arrest stems from an underlying issue such as addiction or mental health struggles, voluntarily enrolling in an ATD program can be a proactive way to demonstrate accountability and commitment to recovery. Participation in an ATD may also cause the State Board of Nursing to avoid taking action against your license in the wake of your arrest. Instead of focusing solely on punitive measures, the Board is likely to view enrollment in such a program as evidence of your willingness to address the problem and ensure safe nursing practice going forward.
Possible Disciplinary Actions In Response to an Arrest
Being arrested or convicted doesn't automatically lead to the loss of your nursing license. If the Board opens an investigation or holds a hearing, it carefully assesses the unique details surrounding the situation. Relevant factors such as the severity of the incident, your past record, and your actions during the review process help shape their decision. Depending on their findings, the Board has the authority to implement various disciplinary measures, which may include:
- Formal reprimands.
- Monetary fines or penalties.
- Placing you on probation with practice restrictions.
- Temporarily suspending your nursing license.
- Permanently revoking your license in particularly severe cases.
Even when disciplinary action is deemed appropriate, there are often opportunities to negotiate more favorable outcomes through a consent order, avoiding a formal hearing in the process. Still, even minor disciplinary actions can become a matter of public record, potentially harming your reputation and limiting future career prospects. Your best hope of avoiding or minimizing these risks is with the help of an experienced professional license defense attorney.
Why You Need a Separate Attorney to Defend Your Nursing License
If you're a nurse in Arizona facing arrest, your challenges don't end in criminal court. There's another layer to manage—your professional responsibilities, which come with their own regulatory system. While your criminal defense lawyer might be skilled in representing you in court, they may lack the knowledge or experience needed to protect your nursing license effectively. This gap could affect your case resolution and put your career at risk, even after your criminal charges have been resolved.
The Arizona State Board of Nursing follows an administrative disciplinary process that is significantly different from criminal proceedings, and because it relies on the "preponderance of the evidence" standard, you can be penalized if they believe there's as little as a 51% likelihood that you committed wrongdoing. This lower bar makes it easier for the Board to decide on disciplinary actions against your license, regardless of the criminal court's verdict.
Therefore, if you're an Arizona nurse dealing with an arrest and criminal charges, it is in your best interests to hire a different attorney for each front: a criminal defense attorney to address the charges, and a professional license defense attorney to deal with any possible disciplinary actions from the Board.
The Lento Law Firm: Your Ally for Nursing License Concerns Tied to an Arrest
The Lento Law Firm's Professional License Defense Team is experienced in helping nurses and other professionals across the country handle challenges related to licensing issues. If you're facing the repercussions of an arrest or conviction, we're here to provide the support and legal representation needed to pursue the best outcome for you with the Board of Nursing. We can help in the following ways:
- Helping you meet the Board's self-reporting requirements with clarity.
- Managing communications and representing you in Board proceedings.
- Examining the allegations against you to pinpoint the potential impact on your license.
- Negotiating with the Board to seek dismissal of your case or reduced penalties.
- Providing strong representation at formal administrative hearings.
If you're a nurse in Arizona concerned about how an arrest might affect your future, we are prepared to help defend the career you've worked so hard to build. Contact us today at 888-535-3686 or use our online contact form to set up your initial consultation.
