If you're a licensed healthcare professional in Michigan and you get arrested, it can have repercussions beyond the legal case itself. For nurses, an arrest can put your professional future at risk, even if no criminal charges or convictions follow.
The Michigan Board of Nursing (MBN or “the Board”) oversees nursing licenses and prioritizes public safety. After an arrest, the Board has the authority to initiate disciplinary action, which could limit or revoke your ability to practice.
Many nurses focus only on their criminal cases. They're unaware that protecting their nursing license requires a different legal strategy. Standard criminal defense attorneys often lack experience with licensing board investigations.
To protect your future, work with the Lento Law Firm's Professional License Defense Team. We understand MBN investigations and hearings and will fight to protect your nursing career. Call us today at 888-535-3686 or reach out through our online form to schedule a consultation.
Arrests and Criminal Penalties in Michigan
If you get arrested in Michigan, it won't automatically lead to criminal charges, but you could end up getting charged depending on the circumstances of your arrest. There are two classes of crimes that have substantial penalties in Michigan: misdemeanors and felonies.
Misdemeanors are divided into three classes:
- 93-Day Misdemeanors: The least serious type of misdemeanor is punishable by up to 93 days in jail and fines of up to $500. Examples are assault and battery, larceny, and cyberbullying.
- One-Year Misdemeanors: Punishable by up to one year in jail and a fine of up to $1,000. Examples are shoplifting, intentional discharge of a firearm and fourth-degree child abuse.
- High Court Misdemeanors: Punishable by up to two years' incarceration and a fine of up to $2,000. Examples are indecent exposure, joyriding, and obstructing a police officer.
Felonies are more serious and carry harsher penalties than misdemeanors:
- Class A: Up to life in prison. Examples are assault with a deadly weapon with intent to rob or steal, kidnapping, and first-degree criminal sexual conduct.
- Class B: Up to 20 years in prison. Examples are second-degree arson and producing child pornography.
- Class C: Up to 15 years in prison. Examples are manslaughter, human trafficking resulting in injury, and robbery.
- Class D: Up to 10 years in prison. Examples are larceny, embezzlement ($20,000 or more), and breaking and entering.
- Class E: Up to five years in prison. Examples are aggravated stalking, shoplifting, and home invasion in the third degree.
- Class F: Up to four years in prison. Examples are falsely reporting a felony crime and committing a crime when wearing body armor.
- Class G: Up to two years in prison. Examples are cyberbullying, harassing a police dog, and ethnic intimidation.
- Class H: Jail time or alternatives such as probation, treatment, or electronic monitoring. Examples are lottery violations, joyriding, and lewd surveillance.
A conviction at any level extends beyond standard criminal penalties. Even without incarceration, you may face court mandates like community service or counseling requirements that can be difficult to balance with a rigorous work schedule as a nurse.
The Board presents another challenge. Convictions may require mandatory reporting, but even without self-disclosure requirements, the Board might learn about your situation through employers, colleagues, insurance companies, or other sources.
When the Board discovers your arrest, it typically conducts its own separate investigation to evaluate the need for professional discipline. While it considers your criminal case, the Board's determination operates independently from court decisions. This means even if criminal charges result in acquittal, you might still face licensing penalties affecting your nursing practice rights.
Do You Have to Report Your Arrest to the Michigan Board of Nursing?
The Michigan Public Health Code doesn't require licensed healthcare professionals to report arrests to MBN, but you are obligated to report any criminal convictions within 30 days. If you don't report the conviction in a timely manner, it could lead to further disciplinary action from the Board.
Arrests may reach the Board even without mandatory reporting. The Board members could discover it through background screenings, filed complaints, or alternative notification systems. If they determine your arrest raises questions about your professional conduct, ethical standards, or patient safety capabilities, they might initiate an investigation. Even when reporting isn't required, understanding how an arrest could affect your nursing license is crucial for protecting your professional future.
You should consult with our Professional License Defense Team before making any reporting decisions. We can evaluate your specific circumstances, predict potential Board responses, and guide you toward the optimal strategy. Even if reporting isn't mandatory, we'll help determine whether voluntary disclosure serves your interests and ensure you maintain compliance with all licensing requirements.
What Sanctions Can the Board of Nursing Impose if You've Been Arrested?
MBN is responsible for ensuring that licensed nurses can safely care for patients without posing a risk to public safety. If you get arrested and later charged with a crime, the Board may take disciplinary action to uphold this standard.
Potential actions include:
- Formal Reprimand: Often issued for a first offense without aggravating factors (such as injury or death), a formal reprimand serves as a warning that future violations may result in harsher penalties.
- Fines: The Board can impose financial penalties, even if you've already been fined in a criminal case.
- Probation: You may be allowed to continue practicing under specific conditions, such as regular reporting, supervision, random drug or alcohol testing (if the arrest was for an OWI, for example), or participation in a monitoring program.
- Restrictions: The Board may limit your professional responsibilities, restricting you from performing certain tasks or assuming specific duties until conditions are met.
- Suspension: A temporary suspension can last for a set period or remain in effect until you fulfill certain requirements, such as completing ethics training.
- Revocation: In severe cases, the Board may revoke your license if it determines that allowing you to continue practicing would pose a significant risk to public safety.
Remember that Board investigations are not criminal proceedings. They follow different rules, require a different legal strategy, and demand representation from attorneys with experience in professional license defense.
Just as courts consider mitigating factors in criminal sentencing, the Board can take them into account when determining disciplinary action. Our legal team can highlight factors such as:
- Your history of strong professional performance
- A clean disciplinary record before the arrest
- Proactive steps taken to address the situation, such as seeking education
At the Lento Law Firm Professional License Defense Team, we focus on protecting your right to practice nursing. Our attorneys will present a compelling case to the Board, ensuring that any disciplinary action is fair and does not unnecessarily jeopardize your career. Contact us today for legal guidance on how to defend your nursing license in Michigan.
Michigan Board of Nursing Investigations
An arrest can have serious implications for your nursing career. It won't simply go away, and ignoring it won't prevent potential consequences. Sooner or later, someone may report it to MBN, putting your license and professional future at risk.
If the Board becomes aware of alleged misconduct, it will launch an investigation. Here's what to expect:
- The Board first reviews complaints and reports to determine if an investigation is warranted. If no jurisdiction or clear violation exists, the case may be dismissed.
- If an investigation moves forward, the Board assigns an investigator. In most cases, they will contact you using the information on file unless doing so would interfere with the process.
- If you have legal representation, your attorney should submit a Letter of Representation to formally notify the investigator that they are handling your case. The Lento Law Firm can manage this for you.
- The investigator will collect evidence, such as witness statements, police reports, and other relevant materials.
- You will have the opportunity to respond to the allegations through a formal letter or an interview.
- The Board may request additional information throughout the investigation. Responding promptly is essential, as delays or non-compliance could result in further disciplinary action.
- Once the investigation is complete, the investigator presents the findings to the Board, which will determine whether disciplinary action is necessary.
Letting the Professional License Defense Team at the Lento Law Firm manage all communication with investigators and the Board is a good way to handle the investigation. We focus on protecting your nursing license so you can focus on your future with confidence.
Michigan Nurses and Nursys
The MBN is part of the Nursys network, which enables nursing boards to exchange information between states. It's designed to streamline licensing for nurses relocating or practicing across multiple states. But this system also shares disciplinary record information among participating boards.
As a result, disciplinary actions taken in Michigan become visible to other state boards through Nursys. Having your MBN disciplinary record available to other state licensing boards could potentially create obstacles to getting licensure or employment opportunities outside Michigan, at least for a period of time.
As a nurse, it's crucial to understand that dismissing these situations can significantly impact your professional future. If you're facing a criminal charge after your arrest in Michigan, the Lento Law Firm Professional License Defense Team is prepared to help protect you. Our goal is to minimize excessive disciplinary measures that might otherwise restrict your nursing practice both within Michigan and beyond.
A Professional License Defense Attorney Can Help
Even without a criminal conviction, MBN may still take disciplinary action against you. Standard criminal defense attorneys may not have the necessary experience to handle licensing matters, as these cases follow different rules:
- Lower Evidence Requirements: The Board doesn't need the same level of proof required for a criminal conviction to impose disciplinary measures.
- No Strict Timeline: Unlike criminal cases, regulatory investigations have no set deadlines. The process could be resolved quickly or drag on for months, depending on the Board's discretion.
- Different Processes: The procedures for investigating and disciplining licensed healthcare professionals don't look the same as the criminal justice process. You don't get a jury to decide your case, for example.
- Different Evidentiary Standards: The Board can consider evidence that wouldn't be admissible in a criminal trial. While prosecutors must prove legal violations, the Board's priority is assessing whether you can continue practicing safely.
The Lento Law Firm's Professional License Defense Team defends nurses facing disciplinary action before licensing authorities. We represent healthcare professionals across Michigan, including those working at major hospitals and medical facilities throughout the state:
- University of Michigan Health-Ann Arbor (Ann Arbor)
- Henry Ford Hospital (Detroit)
- Munson Medical Center (Traverse City)
- Corewell Health William Beaumont University Hospital (Royal Oak)
- Corewell Health Grand Rapids Hospitals-Blodgett and Butterworth (Grand Rapids)
- Corewell Health Beaumont Troy Hospital (Troy)
- Corewell Health Beaumont Grosse Pointe Hospital (Grosse Pointe)
These facilities are only a few examples. No matter where you're working as a nurse in Michigan, our team can help you defend your license with MBN. Even if you're unsure whether your arrest is serious enough to cause any issues for you with the Board, you should contact our team. The sooner we get involved in your case, the sooner we can start building you a defense and working on a strategy for dealing with the MBN investigation.
Contact the Lento Law Firm for License Defense After Your Arrest
Your nursing career is the result of years of hard work and a commitment to helping others. If your license is at risk in Michigan, it's crucial to take action to protect what you've built.
An arrest can put your ability to practice in jeopardy, but you don't have to face it alone. The Lento Law Firm's Professional License Defense Team is dedicated to defending healthcare professionals like you. Call us at 888-535-3686 or submit your information through our online form to protect your nursing career today.
