An arrest is an unsettling experience for anyone, but as a nurse in Washington State, it can feel especially overwhelming. Beyond the immediate stress of the arrest and the possibility of criminal charges, you may already be asking difficult questions about your future in nursing. Will this incident put your career at risk? Could your nursing license be suspended or even revoked?
These concerns are valid. The Washington State Board of Nursing (WABON) holds you, as a licensed nurse, to exceptionally high standards of professional and ethical conduct. While they are more likely to take action if an arrest results in a criminal conviction, an arrest alone can still raise serious concerns, potentially leading to an investigation and disciplinary action, even in cases where you are not convicted or charged. Thus, even if you get leniency from the courts, you could be facing long-term damage to your nursing career because of this one incident--and the attorney representing you in court may not have the understanding of administrative law to also help you navigate your difficulties with WABON.
This is where the Lento Law Firm can help. Our Professional License Defense Team has extensive nationwide experience helping nurses with even the most complicated licensing troubles, including arrests, convictions, and general allegations of misconduct. With a proven track record of success, we afford you the best chance of keeping your nursing license intact. To schedule a consultation, call the Lento Law Firm today at 888-535-3686 or fill out our online contact form.
Laws and Rules in Washington State Regarding Nurse Arrests and Convictions
The Washington State Board of Nursing (WABON) is tasked with upholding the integrity of the nursing profession to protect public health and safety. To this end, the Board has been granted the authority under the laws of Washington State to use both arrest and conviction records when evaluating license eligibility and during disciplinary proceedings. Whether or not an arrest leads to formal charges or a conviction, the circumstances surrounding the incident could still raise questions about your ability to practice nursing safely and ethically. Let's take a closer look at the laws and how they apply to you.
Criminal Background Check Requirements
Washington state law requires all initial applicants for nursing licenses to submit to a criminal background check, including fingerprinting, to ensure that the Board has access to a complete record of any past criminal activity. The rationale behind this policy is clear—to ensure that those entering the nursing profession meet the high ethical and professional standards required to provide safe patient care.
Of particular note is that the Board of Nursing is "authorized to receive criminal history record information that includes nonconviction data for any purpose associated with licensing and investigate the complete criminal history and pending charges of all applicants and license holders." This suggests that the Board may examine arrest records even if they do not result in a conviction. Based on this information, the Board can choose to deny an application, impose conditions on licensure, or require further investigation.
Bear in mind that not all criminal records will automatically disqualify you from obtaining a nursing license. The Board evaluates each case on an individual basis, considering factors such as the nature of the offense, how much time has passed since the incident, and evidence of rehabilitation. However, it's essential to approach this process honestly and disclose all required information upfront, as dishonesty about your criminal history can carry its own consequences.
Nurses Must Self-Report Arrests and Convictions to the Board
Once licensed, nurses have a legal obligation to self-report any arrests or convictions to the Washington State Board of Nursing. Specifically, the law states that you must self-report "within 14 days of the conviction" --and if you fail to do so within 30 days, you could face disciplinary action, regardless of the nature or severity of the offense.
This self-reporting requirement underscores the Board's commitment to accountability and transparency in the nursing profession. Even if the conduct in question seems unrelated to your professional duties, the Board has the authority to assess whether it reflects a pattern of behavior that could endanger patients or undermine public trust. Failing to report an arrest or conviction in a timely manner can lead to additional disciplinary actions, such as license suspension, probation, or even revocation.
Rules on Unprofessional Conduct
The Washington State Uniform Disciplinary Act outlines what constitutes unprofessional conduct for nurses. Among the listed behaviors is “any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person's profession, whether the act constitutes a crime or not.” This broad language gives the Board considerable discretion to decide what actions, whether they occur in or outside of the workplace, may compromise your standing as a nurse.
Unprofessional conduct can include offenses related to theft, fraud, drug or alcohol misuse, acts of violence, or other forms of misconduct. Even if your arrest does not result in criminal charges or a conviction, the Board can still investigate and take disciplinary measures if it believes the behavior reflects poorly on your ability to fulfill your professional responsibilities. For example, an arrest for driving under the influence (DUI) might not directly involve your nursing duties, but it could raise questions about your judgment and reliability when caring for vulnerable patients.
The underlying principle behind the Board's expansive authority is simple but significant: Any behavior that casts doubt on your competence, integrity, or ability to provide safe patient care may fall under the Board's purview. While this system is designed to protect public health, it can be skewed against nurses who are facing unfair scrutiny over personal or professional decisions. As we all know, not all arrests are legitimate, and it's possible to be arrested while being completely innocent.
The Silver Lining of Self-Reporting an Arrest
Washington's strict rules requiring nurses to self-report arrests or convictions can feel intrusive, but they also present an often-overlooked opportunity. By self-reporting, you can provide WABON with critical context about the incident. This step allows you to share mitigating circumstances, present exculpatory evidence, and demonstrate the proactive measures you've taken to address any underlying issues. Rather than waiting for the Board to initiate disciplinary action based solely on the arrest or criminal charges, self-reporting lets you tell your side of the story first.
For instance, if the arrest stemmed from a misunderstanding or a one-time mistake, you can provide documentation or statements that support your explanation. Perhaps you've sought treatment, completed community service, or taken other steps to show responsibility and commitment to personal and professional growth. This proactive approach may help to highlight your dedication to the ethical and safe practice of nursing.
Even if the Board has not yet opened an investigation into the alleged incident, being proactive by hiring a professional license attorney at this stage can help you get ahead of the allegations and possibly avoid further disruptions. The Professional License Defense Team at the Lento Law Firm can guide you in creating a compelling, well-structured response that minimizes risks to your nursing license and career. The right response could potentially halt any investigation before it starts.
Washington's Alternative-to-Discipline Program May Help Avert the Consequences of Arrest
If your arrest stemmed from an underlying substance use disorder (DUI, for example), the Washington Health Professional Services (WHPS) program may be a lifeline for both your career and your personal recovery. WHPS is an alternative-to-discipline program designed to support nurses struggling with substance abuse by offering them a path to treatment and long-term accountability. Participation in the program demonstrates to WABON that you are taking meaningful steps to address the root cause of the issue, which can result in averting disciplinary action against your nursing license.
The program is structured to focus on both care and accountability, providing a safe space for you to get the help you need while protecting public safety. Through individualized treatment plans, close monitoring, and reporting requirements, nurses participating in WHPS can work toward recovery while maintaining their professional standing. This approach not only helps preserve your license but also reinforces public trust in the nursing profession.
Potential Disciplinary Actions for Washington Nurses
An arrest or conviction doesn't automatically mean the loss of your nursing license. If the Board initiates an inquiry or hearing, each case is reviewed based on unique circumstances. Factors such as the seriousness of the offense, past incidents, and your conduct throughout the review process play a key role in determining outcomes. Depending on their findings, the Board may impose a variety of penalties, including:
- Financial fines or penalties.
- Probation with specific limitations on your practice.
- Temporary suspension of your license.
- Permanent revocation of your nursing license in extreme cases.
Even if disciplinary measures are deemed necessary, nurses often have the option to negotiate for more lenient resolutions through a settlement agreement that resolves the issue without the need for a formal hearing. However, even a minor penalty is likely to become part of your public record, which could harm your professional reputation and hinder future career opportunities. To minimize these risks, it's essential to proactively defend against both the legal and professional consequences with knowledgeable guidance.
Why You Need a Separate Attorney to Defend Your Nurse's License
For nurses in Washington faced with an arrest, the legal challenges don't stop at the courtroom. You must also address your professional obligations, which place you under a separate regulatory process. While your criminal defense attorney might excel in criminal cases, they may lack the legal knowledge needed to protect your nursing license. This gap could jeopardize not just the case outcome but your entire career.
The Washington State Board of Nursing operates under an administrative system that differs significantly from criminal law. Instead of requiring the same high standard of proof as a criminal trial, the Board uses the "preponderance of the evidence" standard, which basically means they can consider you guilty if they are 51 percent convinced by the available evidence. This lower threshold increases the likelihood of disciplinary decisions against your license, regardless of what happens to you in criminal court.
For this reason, if you're a nurse who has been arrested, it's wise to have separate attorneys to navigate both fronts: A criminal defense attorney can address the charges against you, while a professional license defense attorney ensures your interests and professional future are fully safeguarded.
The Lento Law Firm: Your Advocate for Licensing Issues Stemming from an Arrest
At the Lento Law Firm, our Professional License Defense Team has extensive nationwide experience helping nurses and other licensed professionals navigate a wide range of issues. If you're dealing with the aftermath of an arrest or a conviction, we know how to position you for the best chance of a favorable outcome when dealing with the Washington State Board of Nursing. Here's how we can help:
- Provide clear guidance to meet WABON's self-reporting requirements.
- Handle all communications and represent you in Board proceedings.
- Review the allegations tied to your arrest and assess any implications for your license.
- Negotiate with the Board to seek case dismissal or reduced penalties.
- Deliver aggressive representation during formal administrative hearings.
If you're a nurse in Washington worried about the potential fallout from an arrest, we're here to stand by your side and protect the career you've worked so hard to build. Call us today at 888-535-3686 or use our online contact form to schedule your initial consultation.
