From the Oregon Dunes to Crater Lake, the state of Oregon is known for its untamed wilderness. Conversely, you have the Oregon State Board of Nursing (OSBN), which maintains watchful control and oversight of who can and cannot have (or keep) a nursing license in its state. When a nurse is arrested, they aren't paranoid to think the OSBN could take swift, punitive, and potentially unfair disciplinary action—they're a realist.
The Lento Law Firm Professional License Defense Team steps up in nurses' times of crises, and even when they suspect a crisis could arise. While any criminal charges that emerge from your arrest might seem like the most pressing threat, it could be just the first storm to hit. While you should prepare for that first wave, you should be just as prepared for any subsequent threat to your reputation and livelihood, including sanctions from the OSBN.
In many cases, nurses do not ultimately face criminal charges or convictions. Yet, they can still face the Oregon State Board of Nursing's disciplinary process. This means that action from the OSBN could prove far more threatening than any prosecutor or judge.
The point is that you must prepare yourself for the possibility (or even probability) of sanctions on your nursing license. Preparation starts by calling the Lento Law Firm today at 888-535-3686 or contacting us online to discuss how we will fight for your license and livelihood.
What You May Be Wondering: Do Nurses in Oregon Haveto Report an Arrest to the Oregon State Board of Nursing?
There are many states in which reporting an arrest to the Nursing Board is left to the nurse's judgment. Oregon, for better or worse, makes it clear that a nurse must report an arrest for a felony crime to the Oregon State Board of Nursing within ten days of the arrest. You must also report a conviction for any felony offense.
The same policy states that a nurse must also report a conviction for a misdemeanor offense. Traffic citations don't generally trigger mandatory reporting unless the offense, like driving under the influence or criminal speeding, rises to the misdemeanor or felony level.
We can also gather, based on the OSBN's guidance for applicants, that nurses should generally report certain arrests and convictions, even if they successfully complete a diversion program.
For many arrested nurses, reporting won't be optional. However, not every
Even When You Are Mandated to Report an Arrest or Conviction, You Should Be Intentional in How You Issue That Report
When filing a self-report related to an arrest or conviction, the OSBN instructs you to detail:
- The perpetrator and victim in the reported circumstances
- What happened
- Where the alleged incident occurred
- Whether there were witnesses
- When the event(s) happened
- When law enforcement authorities became aware of the event(s) in question
There is more room for ambiguity within these guidelines than there are rooms in the chain of Legacy Health hospitals throughout Oregon. You must be extremely discerning when it comes to:
- What you disclose when self-reporting an arrest or conviction
- What you don't disclose
- The way you frame your actions
- The way you frame others' actions
- The tone you present
If you come off as defensive or lacking accountability, this might be held against you. If you share too much or take more responsibility than you should, that might come back to bite you, too.
Let an attorney from the Lento Law Firm help you strike the right balance in any report you elect to file.
I Was Arrested (But Not Yet Convicted) for a Misdemeanor. Should I Report It?
OSBN literature is clear that nurses must generally self-report:
- Felony arrests
- Felony convictions
- Misdemeanor convictions
That leaves misdemeanor arrests. You might be wondering whether you should report one. Our Professional License Defense Team will help you figure that out, as we may need to weigh:
- The details of the arrest
- Whether you believe the arrest is likely to lead to a conviction
- The pros and cons of reporting, or not reporting, the arrest
- Any other concerns you might have about reporting or not reporting the arrest
According to the law, you do not have to report a misdemeanor arrest in most cases. Each case is independent, and we will help you make the best decision for you.
The Risk in Reporting an Arrest When You Aren't Mandated To
There are some legitimate reasons to report a misdemeanor arrest to the OSBN, even when you're not legally required to. For instance, if you were 99% sure that the arrest would lead to a conviction, you might reasonably decide to report the arrest now to show accountability and proactivity with the Board.
There are also legitimate reasons not to report a misdemeanor arrest, which can include:
- It's your right: When it's your right, it's your right. And, for most nurses arrested for a misdemeanor offense, it's your right not to report that arrest to the Oregon State Board of Nursing. If you're later asked why you chose not to report the arrest, you'd be reasonable to respond, “It was my right.” Whether exercising this right is the right decision is a different question—one we'll help you answer.
- Your belief that an arrest won't lead to a conviction: You may have the best perspective of whether you were arrested on legitimate or baseless grounds. If you feel the arrest was made without sufficient cause, you may feel confident that charges will not be brought—or, if they are, that you won't be convicted. In this case, you may feel less inclined to report an arrest to the OSBN.
- The ever-present risk of alerting the OSBN to a legal issue: Whenever you voluntarily bring an arrest to the OSBN's attention, you run a risk. The Board might choose to initiate disciplinary proceedings, and may not conduct those proceedings fairly. Therefore, you might exercise your right not to report an arrest.
There's a reason no capable lawyer advises without first speaking to the client, or in this case, the nurse. Each circumstance is nuanced, and we will help you decide whether reporting an arrest is a good idea, a not-so-good idea, or an inevitability.
Nurses Hire Us for Our Judgment as Well as Our License Defense Services
Rarely do clients hire the Lento Law Firm for one single reason. In cases where nurses are dealing with an arrest, pending charges, or a recent conviction, they might hire us because:
- They are unsure whether the OSBN will initiate a disciplinary investigation, but they want to be prepared if it does
- They are reasonably certain the OSBN will initiate an investigation, and may even feel it likely that the OSBN will pursue sanctions against them
- The nurse recognizes the importance of their nursing license and wants an experienced attorney to defend it
- The nurse lacks the time, energy, or familiarity with the OSBN's disciplinary proceedings to handle their own defense
Most clients hire us for a combination of these and other reasons. They also hire us for our sound judgment, which is the product of extensive legal training and real-world experience defending nurses and other professionals.
The Lento Law Firm advocates just as passionately and leverages our resources in the same way for nurses in Portland or Salem as we do for nurses in Fairview or Florence. If you are a nurse facing uncertain or even dire circumstances, we want to serve you.
Prepare Yourself: Even If You Don't Report an Arrest, the OSBN Could Find Out
We have discussed how you might need to report an arrest or conviction yourself. Even if you elect not to report a misdemeanor arrest (which does not trigger mandatory reporting), the OSBN could still find out about the arrest.
A complaint can come from virtually anywhere. Arrests are often public record, meaning anyone aware of your arrest might relay it to the OSBN. The OSBN might even discover the arrest by monitoring arrest records, or through a direct tip from the arresting department, the courts, or others with firsthand knowledge that you were booked.
Should the OSBN learn of your arrest, it may decide to conduct its own disciplinary proceedings.
And What Happens When the Oregon State Board of Nursing Learns of a Nurse's Arrest?
There are two primary ways the Oregon State Board of Nursing might respond to news of a nurse's arrest:
- Do nothing, perhaps to see if the nurse is eventually charged and/or convicted
- Initiate an investigation into the nurse's conduct
If you are charged or convicted, there may be a higher likelihood of you facing professional sanctions, or at least a formal investigation. If the OSBN elects to initiate disciplinary proceedings against you, prepare for:
- An investigator to interview you, speak with any complainants, gather arrest reports and other relevant documentation, and file a report including their opinion about your responsibility
- Potential negotiations to resolve the disciplinary matter through a Consent Agreement, which would require you to accept responsibility for a violation of the Oregon Nurse Practice Act
- A hearing, in the case that you do not agree to any proposed Consent Agreement
- An appeal, if a hearing leads to sanctions that you do not agree with
The Lento Law Firm Team will prepare you for and guide you through many other important aspects of disciplinary proceedings.
If the OSBN Finds Grounds to Sanction You, Here's What You Might Face
The language the OSBN uses when discussing nurse background checks suggests that it issues discipline for criminal charges and convictions on a case-by-case basis:
“The OSBN reviews all prior arrests and convictions that may be related substantially to the qualifications, functions, or duties of a nurse or nursing assistant. The OSBN considers the nature, severity, and timing of the offense(s), as well as rehabilitation and other factors.”
Assuming some degree of consistency, the OSBN may take a similar approach in meeting sanctions against nurses. That said, the Board has the broad authority to:
- Warn nurses, which may come with the implied or explicit decree that future disciplinary issues may come with more severe sanctions
- Formally reprimand nurses, which is undoubtedly a stain on a nurse's reputation
- Fine nurses
- Place nurses on restriction or probation
- Suspend nurses' licenses
- Revoke nurses' licenses
- Mandate retraining, education, or other compelled action
In some cases, nurses who are struggling with substance abuse, mental health challenges, or unique interpersonal strain may be eligible for diversion programs. The Nurse Assistant Network (NAN) is among those that may provide support for nurses in need.
The Nursys Database and Other Second-Level Consequences of OSBN Discipline
We must also mention the Nursys database. This digital repository is a nationwide network for monitoring nurses, including their disciplinary histories.
The Nursys database also means that any discipline you face in Oregon will likely follow you throughout your nursing career, even if that career takes you to another state.
Understand the Difference Between Criminal Defense and License Defense
The Lento Law Firm Professional License Defense Team lives up to our name. We do not deal with the legal aspects of an arrest, but instead serve nurses by:
- Helping them decide whether to report an arrest or conviction to the OSBN
- Helping them file any report they elect to file
- Preparing them for all disciplinary proceedings
- Communicating with, and even negotiating with, the Nursing Board on their behalf
- Conducting hearing preparation
- Handling any necessary appeals
We also provide unfettered, honest, experience-based guidance to nurses who often face daunting, unfamiliar circumstances after being arrested.
Hire the Lento Law Firm Team to Head Your License Defense in Oregon. We Bring Tangible Value to Nurses.
The professional consequences of an arrest, criminal charge, or conviction can be even more devastating than the legal consequences. Your license likely required years of hard work to obtain, and that kind of investment is always worth protecting.
We help nurses. Call the Lento Law Firm today at 888-535-3686 or contact us online to find out how we can help you.
