Abuse and violence involving family members, intimate partners, or household members are serious matters that affect people from all walks of life and professions. For many highly skilled workers, including nurses, convictions involving domestic violence or relationship violence can put a permanent stop to one’s ability to make a living.
Kentucky nurses, nursing students, nurses seeking to apply for their professional license for the first time, and nurses hoping to renew their license (including single-state and multi-state renewals) should understand what consequences come with accusations or convictions of domestic violence.
What Does Kentucky Consider Domestic Violence?
In Kentucky, domestic violence crimes can include crimes against one’s intimate partner, spouse, former spouse, parent, stepparent, grandparent, child, stepchild, grandchild, parent of a child in common, a household member, or someone they are in a romantic or intimate relationship with.
Under the umbrella of domestic violence crimes are:
- Inflicting physical injury
- Causing one to fear they may be physically injured (threats and intimidation)
- Sexual assault or abuse
- Assault
- Stalking
- Strangulation
- Assault
- Harming a domestic animal, or threatening to harm one, as a way to intimidate, control, coerce, punish, or seek revenge on a family member
I’m a Nurse Facing Domestic Violence Charges – What Should I Know?
If you are among the roughly 75,000 registered nurses (RNs) and advanced practice registered nurses (APRNs) working in the state of Kentucky and you are at risk of facing accusations of domestic violence, or if you are served with a protective order, you may already understand the severity of situation and be wondering how to avoid losing your license, whether temporarily or permanently.
The information on this page provides critical information about Kentucky law related to domestic violence, but it focuses on what you can expect from the Kentucky Board of Nursing (KBN) and what your options are in responding to their actions.
In addition to consulting the information here, your most prudent course of action is to start by contacting the Professional License Defense Team at the LLF National Law Firm. Call us at 888.535.3686 or use our contact form to tell us about your specific situation.
Kentucky Law and Your Nursing License
Kentucky Revised Statutes give the Board of Nursing the authority to deny or sanction a nurse’s professional license for a range of conduct, including the following. Pay specific attention to the last example in the list.
- Being convicted of a felony offense.
- Being convicted of a misdemeanor involving:
- Alcohol or other drugs
- Deceit or dishonesty
- Breaching trust
- Physically harming or endangering others
- Being convicted of a crime involving a patient.
- Being found by the KBN to have had sexual contact with a patient under their care.
- Having a substantiated or judicial finding of abuse or neglect of a child.
- Willfully or negligently behaving in a way not consistent with the practice of nursing.
Among the behaviors – whether technically crimes or considered disciplinary actions – that could fall under the last bullet point are “offensive actions” they consider to bear directly on a nurse’s ability to practice. These include sexual offenses, conduct that poses a danger to public safety, and physically harming or endangering someone.
What Disciplinary Consequences Could I Face With the KBN?
Consequences for prohibited behaviors, such as domestic violence-related behavior, may include:
- Reprimand
- Denial of a nursing license
- Limitations put on a nursing license
- Being put on probation
- Revocation of a license
- Suspension of a license, privilege, or credential
- Denial of an opportunity to take the licensure examination
- Proof of any ordered evaluation or therapy
Later on this page, we’ll explore the investigation and appeals process, as well as what further damage you can do to your license for going a step further and violating a protection order.
How Would I Come Onto the Board of Nursing’s Radar?
Complaint Submission
The Board of Nursing might learn about an incident of “unsavory conduct,” even a mere accusation, through a complaint submission. Anyone, including a patient, colleague, or employer can report problematic behavior to the board. In some cases, colleagues and employers are required to report code violations or face disciplinary penalties themselves. Beyond complaints of suspect or questionable behavior, someone might also share information with the board about criminal charges or a criminal conviction you are facing.
Self-Reporting
If no one in your professional life is aware of your pending or finalized domestic violence-related legal matters, that doesn’t mean you’re in the clear. You might be tempted to withhold information with the hopes that the board may not find out about it, or with the thought that you could make it look like your omission was accidental if discovered. Think again. Nursing boards take so-called “accidental” omissions seriously. If you have a new misdemeanor or conviction on your record, you are required to notify the board of the conviction within 90 days.
What’s the Board’s First Step When They Become Aware?
As a first step, even if a complaint or report has not yet been substantiated, the board may order you to undergo an evaluation to determine whether you can practice with reasonable skill and safety despite the information shared. The evaluation could examine your mental, psychological, physical, psychosexual, or neuropsychological health.
Can the Board Suspend My License Without Proof of Misconduct?
Sometimes, at this early stage, to protect public health and safety, the board will issue an immediate temporary suspension of a nurse’s license. This may be in effect through the course of their investigation or disciplinary action.
As a nurse, you have a right to request a quick review of any action taken against your license, and the board has 10 “working days” to schedule an emergency hearing. At this hearing, the temporary suspension may be affirmed or thrown out. If you’ve arrived at this stage unrepresented by legal counsel, this is an opportune time to revisit this approach and call the Professional License Defense Team at the LLF National Law Firm.
What if the Board Affirms My Temporary License Suspension?
If the board finds your case to be substantiated, they may:
- Issue a formal Letter of Concern.
- Enter a Consent Decree with you (under which you waive your right to a formal hearing).
- Issue an Agreed Order (a settlement with you admitting that you violated the code and waiving your right to a formal hearing).
- Hold a Formal Administrative Hearing.
In the last case, a Hearing Officer (a licensed attorney) will consider the facts presented (and any witness testimony) and advise two Board of Nursing Members on the law to be applied in your case. It can’t be overstated: If you have not been represented by an attorney up to this point, it is highly recommended that you secure the Professional License Defense Team at the LLF National Law Firm now.
What Are My Due Process Rights?
Due process enshrines the right to “be represented by an attorney of his or her own choice and retention, the right to confront and cross-examine witnesses called on behalf of the Board, the right to present witnesses and evidence, and the right to present rebuttal.”
After the hearing, a panel will issue a “recommended order” to be approved by the full Kentucky Board of Nursing at their next regular board meeting. You have 15 days after receiving the order to file “exceptions.” The order and exceptions are then submitted to the Board, which has 90 days to issue a Final Order.
Can I Appeal the KBN’s Decision About My License?
If the board rules to suspend or revoke your license, you may wish to attempt to have it reinstated. If you are denied, you can request a formal hearing in writing. Representation by legal counsel is advised at this hearing, which takes place in front of a panel.
At this hearing, you are required to provide the following documents:
- A certified/attested copy of the court’s disposition records (verifying the conviction, date of conviction, and judgment entered) if you have been convicted of a felony or a misdemeanor.
- A personally written letter explaining the events that led to your felony or misdemeanor conviction.
- A certified copy of any disciplinary order, including any record of the action being cleared or completed satisfactorily.
- A personally written letter summarizing the events that led to your disciplinary order.
It’s also recommended that you report any appealed convictions or disciplinary actions (unless they have been vacated by the appellate court).
What Are the Possible Results of an Appeal?
The board may require you to pay a civil penalty or obtain continuing education in order to lift the investigation and issue you your license. This is a lesser penalty, as it is not considered a formal disciplinary action.
Or, they may issue a formal disciplinary action and will be reported in the quarterly KBN Connection publication as well as the National Council of State Boards of Nursing Disciplinary Data Bank.
Can I Also Lose My License for Violating a Protection Order?
Adhering to a protection order, also known as a restraining order, is essential. You can further jeopardize your nursing license by violating one. If you intentionally defy a protective order after you’ve been served, you’ll more than likely be found in contempt of court and be charged with a Class A misdemeanor. Don’t think the Board of Nursing won’t find out.
It is imperative that you follow any protection order, including an Emergency Protection Order (EPO), to the letter. Your order may specify actions for you to avoid. Take these seriously. They may include:
- Avoiding contact or communication with the petitioner (including in-person, telephone, email, social media, a third party, in writing, etc.).
- Staying a certain distance away from a shared home, a place of employment, or a school.
- Abstaining from damaging, destroying, selling, or discarding property.
- Relinquishing temporary custody of children.
- Complying with any other orders.
A judge may have issued a Domestic Violence Order (DVO). This order requires abiding by additional conditions, such as:
- Providing temporary child support
- Attending required counseling
- Relinquishing custody of any shared domestic animals
- Wearing a GPS device (although this is rare)
- Providing other relief
It should go without saying that violating either type of order can result in consequences for your nursing license.
What About Domestic Violence Events in My Past?
If you have been involved in domestic violence incidents in the past, there are also consequences that come with having a criminal record pertaining to domestic violence. For starters, this information must be disclosed to the Kentucky Board of Nursing (KBN) since it will come up in your background check: “KBN requires a state and federal criminal history search and disciplinary action screening on initial applicants for licensure or credentialing.”
You have 90 days to report any new convictions to the board. This includes pleading no contest or nolo contendere or entering an Alford plea, an unvacated adjudication of guilt, and pleading guilty pursuant to a pretrial diversion order, even if the penalty is suspended, probated, or rebated. If a charge against you was dismissed by the court, you may be required to provide proof of this.
Professional license applications are made under oath, so any concealment could be grounds for disqualification. You should be thorough in responding to all requested information. It’s better to admit and explain information, no matter how embarrassing or shameful, than to hide it or deny it.
For nursing students in particular who plan to apply for their first license, the Kentucky Board of Nursing recommends trying to get any crimes expunged before applying. If expungement is impossible, misdemeanor convictions may not totally bar a student from, for example, performing clinical rotations along with peers within their hospitals, but they can still be subject to disciplinary restrictions. The board warns that several hospital systems in Kentucky are known to prohibit nursing students with non-expunged felony convictions from participating.
Whatever your situation, it’s important to talk with the Professional License Defense Team at the LLF National Law Firm today to make sure you’re doing everything you can to save your career. Call us at 888.535.3686 or use our response form.
Is It Legal for the Board to Discriminate Based on Criminal History?
You’ll do well to not assume that things will be OK because you believe that it’s illegal to deny someone employment based on criminal history. While there are laws prohibiting employers from discriminating based on one’s arrest or conviction, the Board of Nursing is not an employer, and there are important exceptions.
First, if the circumstances relate to the specific job type you’re performing (in this case, caring for vulnerable people), you could be denied employment. Second, fair employment statutes don’t protect you if you fail to disclose pertinent information on a professional license application, such as omitting a criminal record when asked for it.
The LLF National Law Firm Can Protect Your License
The Professional License Defense Team at the LLF National Law Firm understands the importance of protecting your professional license, and we want to help you protect yours.
We know Kentucky law, and we’ve represented professionals across the state and country, negotiating with state boards of nursing. To get started, contact the LLF National Law Firm Team today at 888.535.3686 or use our automated response form.