Being arrested is a scary prospect for anyone. The fear of getting fines, jail time, and/or a criminal record looms large and can impact your future in numerous ways. But for a licensed nurse in Hawaii, being arrested adds an additional complication: how this arrest will impact their career.
If you’ve recently been arrested in Hawaii, concerns about how this might impact your nursing license are completely valid. Nurses are held to high ethical and professional standards by the Hawaii Board of Nursing—not just in the workplace, but also in their personal lives. While an arrest that doesn’t lead to a conviction might not immediately result in disciplinary action, it could still raise questions about the underlying circumstances, potentially triggering an investigation. Worst-case scenario, this process could lead to the suspension or even revocation of your nursing license.
The Hawaii Board of Nursing’s primary responsibility is to ensure that nurses maintain the integrity and trust that patients and the public rely on. An arrest, whether connected to a personal mistake or a misunderstanding, can cause the Board to scrutinize your actions and assess whether they align with the high standards expected of their licensees. Your best hope of avoiding further complications is to get an attorney involved in this process; however, the attorney defending you against criminal charges will likely not have the specific legal knowledge to also represent you effectively before the Board of Nursing–or the Board’s umbrella organization, the Professional Vocational and Licensing Division (PVL). Without additional key legal representation in this area, the potential is there for you to beat the criminal charges, only to lose your license to practice nursing.
This is where the LLF National Law Firm’s Professional License Defense Team can help. With extensive nationwide experience in handling professional licensing cases, we are uniquely qualified to guide you through the challenges that can arise with the Board in the wake of an arrest. If a recent arrest has put your license under scrutiny, we can greatly improve your chances of getting through this crisis with your nursing license intact. Call the LLF National Law Firm today at 888-535-3686 or fill out our convenient online contact form.
Can an Arrest or Conviction Cost You Your Nursing License in Hawaii?
Let’s begin with this overarching question: What will your current criminal charges do to your licensure? In Hawaii, the focus is more on convictions than arrests without convictions, but the fact is that any legal trouble can potentially put your nursing license at risk. Let’s talk more in-depth about how the Board of Nursing addresses these issues.
Criminal Convictions
Hawaii takes criminal convictions seriously when it comes to nursing. According to the Hawaii Revised Statutes, the Board of Nursing can discipline nurses convicted of a “penal offense substantially related to the qualifications, functions, or duties of a nurse.” Some examples of criminal offenses that could relate to nursing may include:
- Fraud. This could include falsely billing a patient for services not rendered, “upcoding” insurance claims for higher payouts, or committing another form of fraud that erodes overall trust.
- Theft. This could be a direct theft, such as embezzlement, or an incident of theft that questions the nurse’s integrity.
- Drug-related offenses. Nurses are entrusted with administering controlled substances, so any drug-related crime could raise questions as to the nurse’s trustworthiness.
- DUI. Driving while intoxicated points to a possible substance abuse problem that could affect a nurse’s ability to practice safely.
Arrests
Arrests without convictions might seem less serious, but they can still create challenges. The Hawaii Board of Nursing typically doesn’t take disciplinary action based on an arrest alone, especially if charges are dropped or dismissed. However, the actions leading to the arrest could still raise concerns. If those actions are seen as possible violations of state standards of practice or qualify as “unprofessional conduct,” the Board may decide to investigate. For example, arrests related to substance use or reckless behavior could signal a breach of professional responsibility or a risk to patient safety. Even without a conviction, the focus is on whether the behavior aligns with the ethical and professional standards expected in nursing.
Do Nurses in Hawaii Have to Self-Report Arrests and Convictions?
In Hawaii, nurses don’t have an immediate deadline to self-report criminal convictions. However, the Hawaii Board of Nursing requires you to submit documentation for any conviction—no matter where it happened—within your two-year license period. This must be done before you renew your license. Failing to report could lead to disciplinary actions like fines, suspension, or even losing your license.
Arrests are handled differently. Nurses aren’t required to self-report arrests that don’t lead to convictions. While this might feel like a relief, it’s worth thinking about the bigger picture. If the arrest involves behavior that could raise concerns—for example, if someone files a complaint referencing your arrest—self-reporting might actually be a smart move. Being upfront with the Board shows honesty and professionalism, which could help ease concerns about your judgment and character.
Criminal Background Check Requirements for Nurses in Hawaii
As part of Hawaii’s commitment to maintaining high standards in nursing, criminal background checks have become an integral part of the licensure process. Since 2017, all new applicants for a Hawaii nursing license must complete both federal and state criminal background checks, including fingerprinting. This measure helps ensure that those entering the profession can be trusted to uphold the safety and integrity of patient care.
In addition, with the onset of the 2019 biennium (the two-year license renewal cycle), any nurse holding a current Hawaii license who has not previously completed a background check and fingerprinting is required to do so as part of their renewal process. Additionally, any nurse seeking to reinstate a lapsed license must undergo these same checks, regardless of when they were originally licensed.
Any criminal convictions surfaced by these background checks are carefully reviewed by the Hawaii Board of Nursing. The Board evaluates whether the conviction meets the criteria for disciplinary action and, importantly, whether the individual disclosed the conviction as required. Nurses renewing their licenses who have a criminal conviction revealed during the background check—but failed to self-report it—may face additional scrutiny and possible disciplinary action.
Does Hawaii Offer an Alternative to Discipline Program for Nurses?
Yes, it does. The Diversion Program for Chemically Dependent Nurses is designed as a compassionate, non-punitive approach, focusing on treatment and long-term recovery rather than punishment. This program acknowledges that substance use disorders are medical conditions deserving of support and rehabilitation, not merely causes for sanction.
If you are facing disciplinary action due to substance abuse issues—such as a positive drug test, a DUI, or allegations related to impairment at work—the Board of Nursing may refer you to the Diversion Program as part of a settlement agreement. Participating in this program can allow you to avoid license suspension or revocation, provided you commit to an approved treatment plan and ongoing monitoring. The goal is to help you recover and return to safe, effective nursing practice while still protecting the public.
Even if your substance use concerns have not yet resulted in formal disciplinary action, taking proactive steps can make a significant difference. If addiction played a role in your recent arrest, for example, voluntarily enrolling in the Diversion Program can demonstrate responsibility and a sincere commitment to improvement. By seeking support early, you may reduce the risk of further Board scrutiny or penalties related to the underlying behaviors that led to your arrest.
What Disciplinary Actions Can Result from an Arrest or Conviction?
When an arrest or conviction leads the Hawaii Board of Nursing to launch an investigation or schedule a hearing, it doesn’t automatically mean the loss of your nursing license. The Board reviews each situation individually, weighing the details of what happened, your professional background, and your cooperation throughout the process. Depending on these elements, several disciplinary outcomes are possible, such as:
- Issuing a formal warning or letter of reprimand
- Levying fines or other financial penalties
- Allowing continued licensure under probation with certain stipulations
- Temporarily suspending your license to practice
- Revoking your license in particularly serious circumstances
Often, nurses can resolve disciplinary concerns through an approved settlement agreement, which may help avoid harsher penalties that come from a formal hearing. Still, keep in mind that even less serious forms of discipline can become part of your public professional record, potentially affecting your reputation and job prospects going forward.
Why It’s Critical to Have a Dedicated License Defense Attorney
If you’re a nurse in Hawaii facing criminal charges, you might be drawn into two separate legal arenas: the criminal courts and the administrative hearings of the Board of Nursing. The criminal system is focused on deciding whether you broke the law, while the Board turns its attention to your professional conduct and whether disciplinary action should be taken against your license.
Although criminal defense attorneys understand how to defend against your charges in court, they may not have the specific knowledge of Hawaii administrative law necessary for Board matters. License defense cases use a different legal standard—“preponderance of the evidence”—which is easier for the Board to meet than the “beyond a reasonable doubt” threshold used in criminal court. In other words, the Board can find you guilty and penalize you if it determines it’s more likely than not that you committed the offense. Thus, it’s entirely possible to be acquitted of criminal charges but still face disciplinary action from the Hawaii Board of Nursing based on the same underlying conduct.
To offer yourself the strongest defense, it’s usually best to engage two attorneys: a criminal lawyer for courtroom proceedings, and a professional license defense attorney focused on safeguarding your nursing credentials in administrative hearings.
The LLF National Law Firm’s Professional License Defense Team brings substantial experience both in Hawaii and nationwide, representing nurses at every stage of the disciplinary process. Our team will work with you to understand and address the complaint, negotiate with the Board at multiple points in the process for the most favorable outcome, and, if needed, represent you zealously at a formal hearing.
If your nursing license is at risk because of an arrest or criminal conviction, you should not face this challenge alone. Don’t let a single unfortunate incident define the rest of your career. Call the LLF National Law Firm at 888-535-3686 or use our online contact form to schedule a consultation.