As a licensed nurse practicing in Indiana, your professional license is more than just a certification; it's a symbol of the hard work, dedication, and compassion you bring to your role every day. However, if you've recently faced an arrest, you may find yourself feeling anxious about more than just the criminal charges you might face. You might also wonder how this might impact your career and the license you worked so hard to earn. Even without a conviction, you're likely wondering what this means for your future as a nurse.
Your concerns are natural. The Indiana Nursing Board maintains exceptionally high standards of professional and ethical behavior for nurses, and an arrest may suggest that those standards have somehow been violated. While it's true that the Board does not directly impose disciplinary actions for arrests alone, certain convictions can lead to serious consequences. Even so, an arrest can still raise concerns about the events surrounding it, prompting the Board to look deeper into the underlying conduct. Investigations often bring with them the risk of disciplinary actions, which may range from fines and probation to suspension or, in extreme cases, revocation of your nursing license. These uncertain and stressful situations can leave you feeling isolated and unsure of your next steps.
The good news is you don't have to face this challenge alone. The Lento Law Firm's Professional License Defense Team has extensive nationwide experience defending nurses facing threats to their licenses, including the threats emanating from arrests or criminal charges. We understand the unique challenges you're dealing with, and we know how the Nursing Board views these issues. We will work on your behalf to navigate to the most favorable possible resolution, preferably one that preserves your ability to continue practicing as a nurse. Take steps now to protect what you've worked so hard to achieve. Call the Lento Law Firm at 888-535-3686 or fill out our online contact form.
Can I Lose My Nursing License Over an Arrest or Conviction in Indiana?
Indiana is unique among other states in that it provides precise rules regarding how licensing boards may (and may not) respond to arrests and convictions of their licensees, and this provides some safeguards for nurses against overreach by the Board. The law ensures that an arrest alone is not eligible for disciplinary action, and the Board is also restricted from disciplining you for convictions unless they meet specific criteria. However, there are nuances to these laws you need to understand, as missteps could still pose risks to your nursing license. Let's take a closer look at how Indiana law views arrests and convictions of licensed nurses, and how they might impact your professional future.
Arrests
The good news is that you're unlikely to face disciplinary action from the Board just for being arrested. Indiana law specifically protects licensed professionals from disciplinary action based on an arrest alone. The Nursing Board is not allowed to "consider an arrest that does not result in a conviction" when evaluating your eligibility to hold a nursing license.
That said, an arrest can still raise questions for the Board, especially if the alleged behaviors behind the arrest suggest a violation of the Board's professional or ethical standards. If the circumstances surrounding the arrest indicate some type of unprofessional conduct, the Board might initiate an investigation. This might include asking you to provide a written explanation to give context. This does not mean they will automatically suspend or revoke your license, of course, but if they uncover evidence of wrongdoing beyond the arrest itself, it could lead to more aggressive investigations and the potential for discipline.
Convictions
When it comes to criminal convictions, the law also protects you in some respects with regard to your license. The Indiana Nursing Board cannot revoke, suspend, or deny a license simply because you were convicted of a crime, nor are they permitted to use nonspecific terms such as "crimes of moral turpitude" when making such decisions. For disciplinary action to occur on a conviction, the conviction must be explicitly listed as a disqualifying offense. Examples of these offenses listed in the law include:
- Possession of a controlled substance, such as cocaine, methamphetamine, or other narcotic drugs, under applicable statutes.
- Dealing or manufacturing controlled substances, including Schedule I, II, III, IV, or V substances.
- Felony sex crimes.
- Convictions related to registration, labeling, or prescription forms concerning controlled substances.
- "Convictions of concern:" In other words, crimes that are directly related to the practice of nursing. These may include offenses that undermine public trust and patient safety or directly impact the responsibilities of a nurse, such as healthcare fraud or patient abuse.
The upshot here is that being convicted of a crime does not in itself disqualify you from being a nurse in Indiana, nor will it automatically result in disciplinary action. The crime itself must be a recognized disqualifiable offense.
Self-Reporting Requirements for Indiana Nurses
While the Board must stay within certain legal guardrails when addressing arrests and convictions, Indiana nurses are still held to high standards of transparency and accountability when it comes to self-reporting these incidents. The rules are clear on when and how nurses should self-report arrests and/or convictions, and even if a criminal conviction or arrest may not directly result in disciplinary action, failure to report them can lead to investigations and potential disciplinary measures.
Self-Reporting Convictions
If you are convicted of any misdemeanor or felony, Indiana law requires you to report the conviction to the Board within 90 days. Along with your notification, you should submit a letter of explanation and a certified copy of the judgment. Providing this information promptly and transparently is critical to maintaining compliance with the Board's standards.
Self-Reporting Arrests
There is no specific rule requiring you to immediately report an arrest to the Board, especially if it does not result in a conviction. However, when it comes time to renew your nursing license, you'll be specifically asked on the application to disclose whether you have been arrested, charged, or convicted of any offense (excluding minor traffic tickets) in any state. Even if your arrest did not lead to formal charges or a conviction, you must answer honestly on your application for renewal.
Failing to follow these procedures is a violation of your licensing requirements. Non-compliance can result in an investigation and possible disciplinary action, even if the offense itself would not have resulted in such action.
Criminal Background Check Requirements for Indiana Nurses
Indiana law mandates that all nurses applying for an initial license in the state undergo a national criminal background check. This process includes fingerprinting to ensure a thorough screening of the applicant's criminal history. The background check is an essential step to verify that applicants meet the professional and ethical standards required for nursing licensure in Indiana.
Typically, nurses renewing their license every two years are not required to repeat the background check. However, the Indiana Board of Nursing reserves the right to conduct a random audit during the renewal process. If selected, you may be required to submit to another national criminal background check.
If any criminal convictions appear on your record during this process, you will have the opportunity to provide context. The Board takes the circumstances of each case into account when determining next steps, and again, the law restricts them from disqualifying you from licensure except for specific criminal convictions. Nevertheless, it's critical that you follow all self-reporting requirements for arrests and convictions prior to renewal. Any failure to self-report criminal history that subsequently appears on a background check could lead to disciplinary action and possible denial of licensure.
Does Indiana Offer an Alternative-to-Discipline Option for Nurses?
Yes, it does. Indiana offers an alternative-to-discipline option through the Indiana Professionals Recovery Program (IPRP). This program is specifically designed to support nurses and other healthcare professionals struggling with alcohol or drug addiction. By providing structured monitoring, accountability, and recovery resources, the IPRP helps participants regain control of their lives while ensuring patient safety. The program emphasizes confidentiality for voluntary participants, further encouraging those in need to seek help without fear of unnecessary exposure.
If your arrest or conviction stemmed from issues related to addiction, voluntarily entering the IPRP can demonstrate your commitment to recovery and professional responsibility. This proactive step may deter the Indiana State Board of Nursing from taking formal disciplinary action against your license. Alternatively, the Nursing Board may also mandate your enrollment in the IPRP as a condition for maintaining your nursing license, particularly if you were convicted of a disqualifying offense (such as drug possession). Under mandatory admission, the program will monitor your compliance and report progress to the Board or other regulatory agencies.
Participation in the IPRP, whether voluntary or required, signals a focus on healing and rehabilitation. For nurses facing addiction-related challenges, it serves as a pathway to recovery while preserving the career they've worked so hard to build.
Possible Consequences for Nurses Facing Disciplinary Action in Indiana
If an arrest or conviction leads the Indiana Nursing Board to investigate or hold a hearing, it doesn't automatically mean your nursing license will be taken away. Each case is reviewed individually, with the Board considering factors such as the gravity of the offense, any history of past incidents, and your overall conduct and cooperation throughout the process. Depending on their assessment, the Board may impose a range of disciplinary actions, including:
- Issuing a formal letter of reprimand.
- Requiring payment of fines or penalties.
- Placing your license under probation with specific restrictions on your practice.
- Temporarily suspending your license.
- Revoking your license permanently in the most serious cases.
Even if the Board decides disciplinary measures are necessary, you might have the opportunity to negotiate for less severe outcomes through a settlement agreement with the Board, in which you would agree to certain sanctions to resolve the issue without the need for a formal hearing. Keep in mind that even less serious penalties can be made part of your public record, potentially impacting your reputation, job prospects, and ability to seek licensure in the future.
Why You Need More than Just a Criminal Defense Attorney
For nurses in Indiana, navigating an arrest can be overwhelming because it often involves addressing both criminal charges and professional licensing concerns. A criminal defense attorney may be quite adept at navigating the criminal court system, but they won't necessarily have the legal knowledge needed to address administrative actions before the Nursing Board. Without adequate representation in both arenas, you risk more than a criminal record; even acquittals or minor charges could jeopardize your license and your nursing career.
Despite the limits placed on the Indiana Nursing Board regarding what constitutes a disqualifying offense, the Board has broader authority than the courts when it comes to determining whether you have violated their rules. Instead of requiring evidence "beyond a reasonable doubt," the Board uses the lighter "preponderance of the evidence" standard to make decisions about disciplinary actions. This lower threshold means they can find you at fault if they are only 51 percent convinced of your guilt, and they may discipline you accordingly.
To effectively safeguard your personal and professional future, you need representation from both a strong criminal defense attorney (to fight the charges) and a license defense attorney familiar with administrative law (to navigate the license disciplinary process).
The Lento Law Firm's Professional License Defense Team has broad nationwide experience assisting nurses facing licensing issues tied to arrests. We can help in the following ways:
- Ensuring you meet Indiana's self-reporting rules with clear guidance.
- Representing you in communication and proceedings with the Nursing Board.
- Evaluating the allegations to determine how they may affect your license.
- Advocating for case dismissal or reduced penalties during negotiations with the Board (up to and including a settlement conference).
- Providing powerful representation in formal administrative hearings when necessary.
If you're a nurse in Indiana dealing with the consequences of an arrest, you don't have to face it alone. The Lento Law Firm is here to help protect your license and career. Contact us today at 888-535-3686 or use our online contact form to arrange a consultation.
