Nebraska is an excellent place to have a career in nursing. You can find the perfect place to fit in, whether it's in a major metropolitan area like Omaha or Lincoln, a smaller town like Grand Island, Bellevue, or Kearney, or any of the state's many rural communities. Residents of the Cornhusker State have some of the nation's best access to healthcare, thanks largely to the many talented and hardworking nurses who call Nebraska their home. But a single arrest could bring your Nebraska nursing career to a premature end.
Nebraska's Department of Health and Human Services (DHHS) oversees nursing licensure in the state, and the Nebraska Board of Nursing (NBN) holds licensees to strict ethical and professional standards. Any arrest or criminal conviction could give the NBN reason to suspend or revoke a nursing license, even if the allegations have nothing to do with the defendant's career in nursing.
Even an arrest that takes place in another state could end your ability to work as a nurse in Nebraska. If your Nebraska nursing license is in jeopardy because of an arrest, the Lento Law Firm Professional License Defense Team is ready to help.
The sooner you act, the better your chances are of protecting your license. Nebraska requires nurses to self-report arrests and convictions within 30 days, and the NBN will begin investigating the incident as soon as it is made aware of one. Don't give them a head start—contact the Lento Law Firm today.
We can help you navigate the entire process from self-reporting to defending your license with the NBN. To get started, simply call us at 888-535-3686 or connect with us online for your confidential consultation.
NBN Rules and Regulations
The Nebraska Board of Nursing enforces strict professional and ethical standards for all licensees in the state. These standards are outlined within Nebraska's Nurse Practice Act (NPA). The NPA gives both the DHHS and the NBN the power to investigate nursing licenses and take action against nurses who have violated the behavioral standards given by the NPA.
Any crime for which a nurse is arrested will either be related to their practice as a nurse or not. While any crime could give the NBN grounds to take sanctions against a nursing license—up to and including the revocation of the license—crimes that are directly related to the practice of nursing are almost guaranteed to receive stiffer punishments.
Here are some examples of practice-related crimes that could result in a nurse's arrest:
Practice-Related Arrests
Many practice-related arrests are tied to mishandling or misusing controlled substances to which the nurse has access. One such example is drug diversion, where controlled substances are illegally taken from a healthcare facility either for personal use or redistribution.
Nurses can also face charges for administering drugs without the proper license to do so. This can be an innocent mistake or a deliberate abuse of power, but either way it's against the law. And to the NBN it doesn't matter—it's almost certain to result in sanctions against the accused nurse's license.
Any crimes directly affecting patients are also likely to receive stiff consequences from the NBN. This includes abuse, neglect, fraud, theft, and any other crime that takes advantage of the nurse-patient relationship.
Sanctions and other actions taken by the NBN are separate from those enacted by the criminal justice system. And convictions for some of these crimes can come with serious penalties, including major fines and incarceration time. The NBN has the power to take away a nurse's job at the same time, significantly increasing the stress and financial difficulties faced by the accused.
The NBN also has the power to sanction nursing licenses over arrests or convictions that are unrelated to the profession, or which took place in another state.
Non-Practice-Related Arrests
The NBN has the power to sanction nurses who were arrested for or convicted of any crimes, not just crimes related to nursing. They are more likely to take action when the alleged crimes demonstrate a clear moral deficiency or a severe lack of judgement.
There's perhaps no better example of this kind of arrest than that of the DUI. The Nebraska Board of Nursing is likely to sanction the license of any nurse arrested for DUI, as it demonstrates a clear failing of that nurse's decision-making ability, one that puts others in direct danger.
However, Nebraska nurses arrested for DUI or who are experiencing other issues related to substance abuse may be able to seek placement into the Nebraska Licensee Assistance Program (NE LAP), which offers counseling and rehabilitation with a goal of keeping one's professional license intact. Such programs recognize the value of licensed nurses to the community, and give nursing boards the ability to keep talented nurses working while helping them to overcome issues that could otherwise have cost them their jobs.
Out-of-State Arrests
Note that the NBN can put sanctions in place even if the alleged offense took place in another state. It's also worth noting that, because Nebraska is a Nursing Licensure Compact (NLC) State, losing your nursing license in Nebraska is likely to prevent you from working elsewhere throughout the country.
The NLC allows nurses to carry their license across state lines, with only minimal additional requirements to practice nursing in a new state. This offers a welcome degree of flexibility that benefits nurses—who aren't tied to a single location for their career—as well as communities—who are able to recruit nurses from a nationwide pool.
But it also raises the stakes when it comes to defending your professional license. That's why it's essential that you take any arrest—no matter what the accusations are, and no matter where it happened—as a serious potential threat to your career.
Nebraska Board of Nursing Reporting Regulations
When a nurse is arrested in Nebraska, a series of events are triggered both in the Nebraska criminal justice system and the DHHS. The state requires all nurses to self-report any arrests, charges, or convictions—except for minor traffic violations— within 30 days of the incident. This means that you can't wait until the case wraps up before you notify the DHHS—you need to act right away.
Because of this requirement, the NBN is likely alerted well before any plea or verdict arrives, meaning that it may begin investigative or disciplinary actions while the criminal case is still pending or ongoing. If you're a nurse in this situation, you'll effectively be fighting a criminal charge at the same time you're fighting to keep your professional license intact. It can be overwhelming.
Despite this, it's best not to attempt to dodge the self-reporting requirement. It simply won't work—the state performs automated fingerprint-based background checks, and DHHS gets notified directly of any new criminal records. Choosing not to self-report will only hurt your case when the DHHS eventually uncovers the information.
NBN Investigation and Hearing Process
When the Nebraska DHHS receives notice of a nurse's arrest or conviction, it effectively launches its own investigation immediately. Through the NBN, it will assess whether or not disciplinary action—including possible suspension or revocation of the nursing license—is warranted. Part of this consideration is the nature of the alleged crime. The NBN is more likely to recommend licensing sanctions when the allegations involve:
- Violent crime (e.g., murder, manslaughter, assault)
- Drug diversion or misuse
- DUI or other substance-related offenses
- Theft, embezzlement, or fraud (including Medicare/Medicaid fraud)
- Sexual misconduct
- Domestic violence
- Other conduct showing extreme lapses in judgment or character
The NBN investigator collects testimony and gathers evidence to build a case against the nurse in question. Note that the nurse in this situation will only be made aware of the investigation after it is already underway, underscoring the need to mount a defense immediately. There's no need to allow the DHHS a head start in building its case.
Once the investigator compiles a report, the matter may proceed to an administrative hearing. This hearing mirrors a trial: the DHHS (via the Attorney General's office) presents its case which the nurse's defense team counters with evidence and testimony.
In deciding whether disciplinary measures are warranted, the Board weighs a number of factors, including the nature and severity of the alleged offense, time elapsed since the event, the nurse's current role and responsibilities, and more.
Despite the procedural similarities to legal trials, it's important to understand that licensing hearings do not afford the same protections as criminal court. Primarily, the principle of innocent‑until‑proven‑guilty doesn't apply. The Board serves as the investigation, prosecution, and adjudicator. It may impose sanctions based on a preponderance of evidence, meaning “it's more likely than not.” That's a far lower bar than the criminal court's standards of “beyond a reasonable doubt.”
Having a skilled legal team at your side could be the difference between losing your nursing license and keeping your career intact. If your Nebraska nursing license is under investigation because of an arrest or a criminal conviction, the Lento Law Firm is ready to stand up for your rights.
Arrest Consequences for Nebraska Nurses
Any Nebraska nurse who is arrested or convicted of a crime can expect to face serious consequences for their nursing license as well. Under Nebraska's Uniform Credentialing Act, felony convictions or misdemeanors that have a rational connection to nursing are presumed to indicate unfitness to practice and can lead to suspension or revocation of licensure. This means that even seemingly minor offenses may draw stiff penalties if they're connected to patient safety or professional conduct.
The NBN and DHHS will weigh several factors when deciding on disciplinary action in the case of an arrest, including:
- Nature and severity of the offense
- Actual or potential harm to patients or the public
- Prior disciplinary or criminal history
- Evidence of rehabilitation or other mitigating circumstances
If there's a conviction, the Board will also review the nurse's compliance with any court-ordered conditions, such as probation, treatment programs, or monitoring.
That said, not every arrest leads to license revocation. Often, nurses are placed on probation with tightly controlled conditions—such as supervision, ongoing education, peer-assistance programs, or substance monitoring. This kind of probation allows them to continue practicing.
Similarly, a nurse can have their license suspended rather than fully revoked. Suspensions like these will prevent the nurse in question from practicing while their license is suspended, but they will usually provide a clear set of steps that the nurse must complete in order to end the suspension and begin working again.
Reinstating a Nebraska Nursing License
Even if a nurse has their license revoked in the state of Nebraska, it doesn't necessarily mean a permanent end to their career. The state allows nurses to petition for their license to be reinstated after two years.
Having a nursing license reinstated requires the submission of an official application and may potentially require additional supporting documentation, such as evidence of rehabilitation.
But even if you meet all the requirements—like completing drug/alcohol counseling, ongoing education, or other courses—reinstatement isn't guaranteed. The DHHS can still deny your request.
This underscores why it's so important that you take every conceivable step to protect your license in the first place.
Protect Your Practice With the Lento Law Firm
Nurses in Nebraska have a lot to lose. The state has one of the nation's lowest costs of living, the career opportunities in healthcare are many, and residents can choose between living in refreshingly rural or excitingly urban settings. From Omaha to Ogallala, the Cornhusker State truly has something for everyone.
Don't let an arrest or conviction derail your career as a nurse in Nebraska. Choose the Lento Law Firm Professional License Defense Team to help you defend your nursing license in any DHHS or NBN investigation.
Call the our team today at 888-535-3686 or connect with us online for your confidential consultation. Together, we'll protect your Nebraska nursing license and your career.
