Becoming a nurse is one of the most challenging—yet most rewarding—things you've ever done. The long hours of school and study, the expensive tuition costs, the often thankless shifts of hard work… all of it worthwhile because they helped you build a career around helping other people. But a single arrest could put all of that into jeopardy, especially in the state of Nevada, where nurses are required to report their criminal records to the Nevada State Board of Nursing (NSBN).
The NSBN requires nurses in the state to uphold rigorous ethical and professional standards. Any arrest or criminal conviction, even if it has nothing to do with nursing, could still give the Board grounds to suspend or even permanently revoke your nursing license.
The NSBN has the power to issue sanctions for any arrest, potentially resulting in:
- Restricted practice, typically in the form of probation with specific conditions (like monitoring, ongoing education, or supervised practice).
- Reprimand fees, which would be in addition to any fines levied by the criminal court.
- License suspension, with requirements for reinstatement such as completing treatment programs and meeting other conditions.
- Permanent revocation of licensure, ending one's nursing career in Nevada and potentially other states as well.
If you've been arrested or convicted of a crime, you need to take immediate steps to protect your nursing license. The circumstances of the arrest don't matter, but ensuring you follow the proper procedures for reporting the incident to the NSBN does.
The Lento Law Firm Professional License Defense Team is ready to help defend the license of any Nevada nurse who has been arrested or convicted of a crime. We'll make sure Board inquiries are addressed, all procedures are followed properly, and your rights are defended in all proceedings. From Las Vegas and Henderson to Carson City or Reno, or anywhere else in the Silver State, we're ready to help Nevada's nurses keep their professional licenses intact.
Call the Lento Law Firm Professional License Defense Team at 888-535-3686 or contact us online to find out how we can help.
NSBN Rules and Regulations
The Nevada State Board of Nursing holds nurses to high professional and ethical standards. The rules for licensed nurses in the state are outlined in Nevada's Nurse Practice Act (NPA), which includes the mandate that nurses must report an arrest or criminal conviction to the NSBN within 30 days, with the sole exception of minor traffic violations.
Once it learns that a nurse has been arrested, the Board will then decide whether or not the licensee requires further sanctions to protect both the integrity of the nursing practice and the welfare of the public. One of the first considerations the NSBN will make is whether or not the alleged offense is related to the nursing practice.
Practice-Related Arrests
Arrests that are directly related to the nursing profession—drug diversion, where a nurse illegally takes controlled substances from a healthcare facility and either redistributes them or engages in personal use, for example—are likely to come with stiff additional penalties from the NSBN.
Remember that any sanctions placed against a nursing license are in addition to the legal ramifications of conviction. In the above example, the nurse diverting drugs could be arrested for unlawful possession or distribution of controlled substances, theft-related charges, and more. Convictions on these charges could carry significant fines and prison time. The NSBN could then elect to suspend or revoke the nurse's license as well, adding to the stress and financial hardship of the nurse involved.
Another common charge directly related to nursing is administering drugs or other care without the proper license to do so. Whether this is done with malicious intent—posing as a healthcare provider with more qualifications or credentials than one actually has—or through an innocent mistake—unknowingly giving a patient medication that you're not qualified to give—it's still against the law.
Abusing or neglecting patients, acts of fraud targeting patients or healthcare systems, and numerous other offenses can all be considered crimes related to a nurse's practice. But the NSBN is also diligent against arrests and allegations that have nothing to do with the practice of nursing.
Non-Practice-Related Arrests
Arrests that have nothing to do with the practice of nursing can still give the NSBN a reason to place sanctions on someone's nursing license. In general, the board will look to punish licensees whose crimes raise concerns about character, morality, or decision-making.
For instance, being arrested for a DUI can cost you your nursing license in Nevada. So could arrests related to assault, domestic violence, or even petty theft or shoplifting. Arrests related to drug possession or substance abuse could result in placement into Nevada's Alternative to Discipline program, which gives nurses a path to keeping their license by completing a rehabilitation course.
Remember that the NSBN has the authority to levy sanctions against a nurse's license as it sees fit. This makes it extremely important that you take any arrest—even for something that seems minor—as a serious threat to your nursing license.
The Lento Law Firm Professional License Defense Team is ready to help you navigate everything from reporting your arrest to the Board to defending your license should the NSBN decide to sanction it.
Nevada Board of Nursing Reporting Regulations
When nurses in Nevada are arrested, the interplay between the criminal justice system and the NSBN begins immediately. Unlike in some states, you can't wait until the end of the process to report—Nevada law requires disclosure early on.
Arrests, charges, and convictions of any kind other than minor traffic violations must be reported to the NSBN within 30 days. This means that the NSBN will often be notified even before a plea has been entered, and certainly before a verdict has been reached. As a result, the NSBN may begin investigative or disciplinary proceedings while the court case is still ongoing, especially if the alleged conduct poses an immediate threat to public safety or patient care.
The NSBN will inevitably learn about offenses even if the nurse opts not to self-report. Nevada conducts fingerprint-based background checks via the FBI and state criminal repositories, so the Board is automatically alerted to new criminal records tied to licensees. Nurses who choose not to self-report are doing themselves no favors, as the Board will take that under consideration when assessing disciplinary measures for the arrest or conviction in question.
In other words, choosing not to self-report an arrest or conviction will only make matters worse when the board eventually finds out about it.
NSBN Investigation and Hearing Process
As soon as the Nevada State Board of Nursing receives notice of a nurse's arrest or conviction, it will begin its own investigation into the situation. The NSBN's first step will be to determine whether or not the arrest in question warrants further investigation, which is likely if the alleged crime involved any of the following offenses:
- Murder or voluntary manslaughter
- Drug diversion or misuse
- DUI, possession, or other substance-related charges
- Theft, embezzlement, or fraud, especially Medicare/Medicaid fraud
- Assault or domestic violence
- Sexual misconduct
- Other acts showing an extreme lack of judgment or moral character
If the Board determines further investigation is necessary, it will assign an investigator. The NSBN investigator will also be a registered nurse or other professional with extensive training, experience, and expertise in investigative procedures and analysis.
As the investigator begins gathering evidence and looking into the details of the case, the Board will notify the nurse in question that they are under investigation. This timing gives the investigator a bit of a head start, which is why it's important that you take defensive actions as soon as you know that the Board is investigating your license. The sooner you act, the more time your legal team will have to gather evidence in your defense.
The Board's investigator will compile their findings into a report. If the report indicates that the nurse in question did, in fact, commit actions that warrant disciplinary measures against their license, the NSBN will conduct an administrative hearing. This hearing essentially functions as a trial. The Board will present prosecutionary evidence from the investigator, while the nurse and their legal team will be asked to provide evidence in favor of their defense.
In making this determination, the Board evaluates factors such as:
- The nature and severity of the alleged crime
- The time elapsed since the offense
- The licensee's current duties and responsibilities
Keep in mind that, despite superficial similarities to a legal proceeding, this hearing does not adhere to the same standards as a court of law. In other words, “innocent until proven guilty” doesn't apply here. The Board is able to produce whatever outcome it deems appropriate… and remember, they are essentially acting as both judge and prosecution.
Having a skilled legal team at your side could be the difference between losing your nursing license and keeping your career intact. If your Nevada nursing license is under investigation because of an arrest, contact the Lento Law Firm today to find out how we can help.
Arrest Consequences for Nevada Nurses
Any nurse who is arrested in Nevada is likely to face consequences related to their nursing license. Critically, felony convictions or misdemeanors substantially related to nursing are considered conclusive evidence of unfitness to practice under Nevada's Nurse Practice Act, meaning the nurse's license will likely be suspended or revoked. But even lesser crimes could still result in stiff penalties.
When determining the appropriate sanction—whether revocation, suspension, or probation—the NSBN weighs several key factors:
- Nature and gravity of the offense
- Actual or potential harm to a patient or the public
- Prior disciplinary actions or criminal history
- Evidence of rehabilitation or mitigating circumstances
Additionally, if there's a criminal conviction, the Board will assess compliance with court-ordered conditions (such as probation or treatment programs) when making its decision.
That said, while arrests may lead directly to Board involvement, license revocation is not always the outcome. Often, nurses are placed on probation under defined and monitored terms, allowing them to continue practicing, provided they comply with program requirements and demonstrate ongoing fitness.
Note that, even if the Board allows a nurse to keep their license, certain offenses will cause the Nevada State Health Division to not allow one to work in any capacity in a facility for intermediate care, a facility for skilled nursing, home health care, or a residential facility for groups. This is generally applicable to serious offenses, including murder, sexual misconduct, assault, child abuse, and other extreme misconduct. Such a ruling would severely impact one's ability to work, even with a valid nursing license.
Reinstating a Nevada Nursing License
Nurses in Nevada whose licenses have been suspended or revoked may petition for reinstatement by submitting an official application and any required documentation to the state.
Reinstatement is not always easy, but it is possible if the petitioner demonstrates that they have been successfully rehabilitated. Typically, this involves completing court-ordered probation or diversion programs and submitting evidence of rehabilitation, such as a psychiatric or professional evaluation.
In reinstatement cases, the NSBN has the discretion to consider participation in alcohol/drug counseling or other treatment; however, successful completion alone does not guarantee reinstatement if prior misconduct indicates ongoing risk.
Decisions will also vary depending on the severity of the original offense, duration of the licensure suspension or revocation, and the presented rehabilitation data.
Reinstatement is not guaranteed, and there are plenty of examples where reinstatement was denied despite treatment completion. This is why it's so important to take the defense of your license seriously.
Protect Your Practice With the Lento Law Firm
Nevada's healthcare system can't run without nurses. But the Nevada State Nursing Board can be quick to suspend or revoke the licenses of nurses who have been arrested, even when the crime had nothing to do with their profession as a nurse.
If you're a nurse who has been arrested or convicted of a crime in Nevada, call the Lento Law Firm Professional License Defense Team at 888-535-3686 or contact us online to find out how we can protect your license.
