Life has a way of throwing unexpected tribulations at even those who are least deserving. Whether a nurse works at M Health Fairview in Minneapolis, HealthPartners in Bloomington, or anywhere else in Minnesota, an arrest can flash visions of your career before your eyes.
First, know this: Even in a field as closely regulated as nursing, an arrest does not necessarily mean you'll face formal discipline—but that's dependent on what you do (and don't do) in the aftermath of the booking. This guide will help you take critical steps, avoid potential pitfalls, and prepare yourself for any disciplinary proceedings that could lie ahead.
The Lento Law Firm Professional License Defense Team is immensely proud to help nurses, many of whom we have helped avoid potentially devastating professional sanctions. Call our team today at 888-535-3686 or contact us online.
Questions Every Nurse in Minnesota Must Answer After Being Arrested. Here Are Those Answers.
Perhaps the most common product of an arrest is anxiety, and unanswered questions tend only to make a nurse's anxiety worse. We hope to ease some of your anxiety by answering several of the most common and most important questions nurses face after being arrested.
Do I Have to Report My Arrest to the Minnesota Board of Nursing (BON)?
Nurses do not generally have to report arrests to the Minnesota Board of Nursing. This, we believe, reflects the ages-old belief that someone is not automatically deemed guilty simply because they're arrested—that's how it should be, at least.
While you likely have no mandatory obligation to report an arrest to the BON, this does not mean the BON will not find out about it. We will discuss why it is generally in a nurse's interests to avoid having the Board of Nursing find out about an arrest.
Do I Really Need to Hire an Attorney to Protect Me from Professional Sanctions After Being Arrested?
From a professional perspective, there are two ways an arrest might unfold for a nurse:
- The arrest does not lead to formal charges nor disciplinary proceedings by the Minnesota Board of Nursing (in which case, you should be in the clear)
- The arrest, whether or not it leads to formal charges or a conviction, leads to disciplinary proceedings by the Board of Nursing
We advise you to operate under the assumption that the latter will happen. As they say, it's far better to be prepared and not need the preparation than to be unprepared. A notice from the Minnesota BON that a nurse is facing a complaint or investigation almost always catches that nurse by surprise—if you retain the Lento Law Firm Team now, that notice will be far less blindsiding. We will be ready, and so will you.
Will I Face Professional Discipline Due to My Arrest?
Time will tell. Our team will certainly do everything in our power to see that you do not face professional sanctions, whether or not your arrest leads to criminal charges, a conviction, or a plea agreement.
What Happens If I Don't Report a Legal Matter That I Am Technically Required to Tell the Board of Nursing About?
Failing to report a criminal conviction that requires mandatory reporting will likely expose you to further sanctions from the Minnesota BON. This is another reason to retain the Lento Law Firm Team as soon as possible. We will ensure that all mandatory reporting happens so that you don't face any avoidable sanctions.
While Arrests Do Not Generally Require Mandatory Reporting to the BON, Most Convictions Do
When a nurse is convicted of a crime, their reporting obligations may change significantly. There are certain convictions the Board of Nursing wants to know about. For instance, it demands that applicants seeking to attain or renew a nursing license tell the Board about:
- Misdemeanors
- Gross misdemeanors
- Felonies
- Convictions
- Guilty pleas
- No-contest pleas
- Pardoned, dismissed, stayed, or deferred convictions
If you already have your license and are facing a potential conviction or plea agreement, we will explain the law as it applies directly to your circumstances. There may be circumstances in which you do not have to report, which is generally preferable.
Whether or not you are required to report any criminal proceedings you are involved in (an arrest, conviction, or otherwise), our goal will be to minimize the risk of serious professional sanctions.
The Minnesota Board of Nursing Can Initiate an Investigation Regardless of Whether You're Convicted of a Crime
This is the primary reason we say it's preferable not to have the Minnesota Board of Nursing learn of an arrest or conviction. Let's say you were mistakenly arrested for a relatively minor offense, law enforcement officers quickly realize it, and you are released within a couple of hours without charges being filed. You could still, theoretically, face professional sanctions from the Minnesota Board of Nursing.
The Board's disciplinary power and processes are independent of Minnesota's criminal justice system. With this fact in mind, you can help yourself by:
- Keeping your arrest a private matter: Once the Board of Nursing finds out about an arrest, it gains control of the situation. If the Board determines that the circumstances that led to the arrest qualify as “unprofessional conduct” or another type of violation of its expectations of nurses, it could immediately instigate the disciplinary process. Keep word of your arrest as private as possible.
- Consulting the Lento Law Firm Professional License Defense Team as soon as possible: We help nurses across the state of Minnesota, from St. Paul to Duluth, Rochester, and every other corner of the state. There are countless considerations to account for when a nurse is arrested, and we will ensure you're making the right moves to protect your career.
- Being prepared for the possibility of an investigation by the Minnesota Board of Nursing: Part of our help is to prepare you for any disciplinary proceedings that might come your way. This is not the time to cover your eyes and ears and wish this situation had never happened—it's here, and diligent preparation is the only antidote.
- Recognizing the value of your nursing license and career (and taking the necessary measures to protect them): Above all, recognize how hard you have worked to earn your nursing degree, establish yourself professionally, and build goodwill in the medical community. An arrest does not have to scuttle all your efforts, but only if you elect to invest in your defense. Start by allowing our Professional License Defense Team to equip you for any turn your story might take.
Several parties, from high-ranking medical personnel to court administrators, have a legal mandate to report alleged violations of nursing laws and rules to the Board. If the Board receives word of your arrest through one of these reporters or another channel, we will deal with it accordingly. Just don't be the reason why the Board finds out about your arrest—do that, and there's a chance it won't find out at all.
Will the Minnesota Board of Nursing Pursue Discipline If I'm Never Charged, Found Not Guilty, or Charges Are Dismissed?
We cannot emphasize it enough: The Minnesota Board of Nursing can discipline a nurse even if that nurse is not criminally charged or convicted. And for those who think the Board wouldn't actually do that, check out the endlessly updated record of nurses sanctioned for non-criminal offenses.
The Board's threshold for imposing discipline is not as high as that used by the state's criminal courts. You don't have to be “guilty beyond a reasonable doubt” to face potential discipline from the Board of Nursing. Instead, you might be disciplined if the Board's decision makers decide that you:
- Were inappropriate with one or more patients
- Used a substance in a dangerous or unacceptable manner
- Were dishonest in the course of your work
- Did not keep records in the manner you were expected to
- Engaged in any other behavior, or failure to act, that the Board deemed a violation of its rules or standards
Nurses are held to an extraordinarily high standard. A mistake that you might consider minor or unavoidable might be reason, in the Board's eyes, to discipline you and tarnish your reputation in the process.
The most compelling reason to contact our Professional License Defense Team after an arrest is the possibility of hasty, unfair, and potentially career-altering disciplinary proceedings by the Minnesota Board of Nursing.
If My Arrest Leads to Conviction, Will I Necessarily Face Professional Sanctions?
A criminal conviction does not necessarily mean losing your nursing license or suffering other professional sanctions. In fact, Minnesota BON literature explicitly states,"In most instances, a criminal conviction will not automatically preclude a person from obtaining a Minnesota nursing license.” That being said, you should know that:
- Minnesota Statutes § 148.261 designates a “Conviction of a felony or gross misdemeanor reasonably related to the practice of professional, advanced practice registered, or practical nursing” as grounds to discipline a nurse
- Felony-level criminal sexual offenses generally disqualify someone from obtaining or possessing a nursing license in Minnesota
- There is a notable possibility that a criminal conviction will lead to professional sanctions of some sort—at the very least, you should aim for the least punitive sanctions available
We trust that your criminal defense attorney will work hard to resolve your legal case. Whether or not they are successful in their defense, the Board of Nursing's disciplinary body may be preparing to try your case—if the process is not already underway.
Regardless of the Outcome of a Legal Case, the Board of Nursing Can Impose Serious Discipline
Remember, whether or not you're found responsible for a criminal offense, you can face discipline from the Minnesota Board of Nursing. That discipline could include:
- Revoking your license (perhaps permanently)
- Refusing to renew your license
- Suspending your license
- Restricting your license
- Professional probation
- Reprimanding you
- Placing conditions on your ability to continue nursing
Arrests and legal proceedings sometimes cloud a nurse's view of their career. Don't lose sight of how critically important your nursing license is to your financial stability, sense of purpose, and overall quality of life. It's worth fighting for, and it's worth retaining the Lento Law Firm Team to defend.
The Details of Your Arrest (and Possible Conviction) Will Influence Disciplinary Outcomes. We Tell Nurses' Stories in the Most Favorable Context.
Whenever the Minnesota Board of Nursing makes a license-related decision involving a criminal conviction, it weighs several factors, including:
- The specific details of the offense
- The perceived severity of the offense
- When the offense occurred
- Whether the offense the nurse is convicted of is materially related to the practice of nursing
- Whether the nurse has shown contrition, indicated rehabilitation, and remediated any harm they have done
The details of an arrest and the circumstances that led to an arrest will be just as important if you ultimately face the Board of Nursing's disciplinary arbiters. It will be our job to present the facts of your case in a favorable light, as the context of each nurse's legal affairs tells the true story.
Call the Lento Law Firm Team Today
Some nurses struggle with substance abuse, in which case they might be strong candidates for diversion programs (rather than more punitive measures). Others are overworked, while others simply make mistakes and deserve leniency after years of stellar service. We hope you will allow us to fight for you, whatever your circumstances are.
Remember that criminal defense and license defense are two distinct areas of law requiring distinct attorneys. Allow us to handle the latter, as this is our passion and a career that has allowed us to help many nurses facing stark professional crossroads. Call the Lento Law Firm today at 888-535-3686 or contact us online.
