Many of Georgia's licensed nurses underestimate how dramatically an arrest can impact their ability to render patient care and their standing in the medical field. The Georgia Board of Nursing (GBON) maintains rigorous professional and behavioral standards and closely scrutinizes any situations leading to criminal charges. Regardless of whether an arrest is for a non-practice-related incident like consuming illicit drugs, petty theft, or an on-the-job situation like patient abuse or drug diversion, it jeopardizes any nurse's career.
The GBON launches thorough and intrusive investigations following reports of arrests and criminal activity. Nurses may feel a great deal of uncertainty over how the board manages unlawful conduct among its licensees as each case presents its own unique circumstances. Unfortunately, whether courts have the evidence to convict or not, the GBON can levy sanctions such as:
- Board-imposed probationary measures that restrict a nurse's practice and can tarnish their professional reputation
- License suspension that prohibits practice in Georgia and in other jurisdictions
- Termination of a nurse's license, ending their career in the medical field
No matter what Georgia nurses are arrested for or charges sought by the courts, defending their license to practice must begin immediately. Once they report to the GBON, it will kick off a swift grievance process that could leave them without the ability to practice even if the court fails to convict or drops the matter altogether. The Lento Law Firm stands prepared as your trusted ally in challenging the board's sanctions. Call our Professional License Defense Team at 888-535-3686 now or fill out our confidential consultation form, and we will contact you.
When Must Nurses Report Arrests to the GBON?
The GBON establishes clear professional standards outlined in the state's Nurse Practice Act and accompanying administrative rules, explicitly linking nurses' professional conduct to their eligibility to maintain licensure. A significant portion is dedicated to promoting patient safety, which a nurse's arrest could infringe upon. Therefore, licensees are beholden to the mandatory reporting of criminal activity.
Regulations do not explicitly state that a nurse must report an arrest. Instead, they are required to notify the board within 10 days of pleading guilty or no contest to or being convicted of the following:
- Felonies
- Crimes of moral turpitude
- Crimes related to state or federal controlled substance laws
The reporting requirement is in addition to informing the board of criminal action during the biennial renewal process. Therefore, nurses do not necessarily have to report arrests when they happen, only criminal charges and other unlawful violations. However, waiting to report could come at a cost.
For example, if a nurse is convicted of a crime and then reports to the board within the required amount of time, authorities could see a delay in reporting the arrest when it first occurred as evidence of a lack of fitness to continue their practice. The GBON has the discretion to take many factors into account when managing the arrests of licensees, but it depends heavily on whether the arrestable offense was practice-related or not.
Non-Practice-Related Arrests
In Georgia, nurses may mistakenly assume that an arrest unrelated to their professional duties won't impact their nursing license; however, the GBON views certain criminal charges, even those occurring in a nurse's personal life, as indicators of potential ethical or professional risk. Common examples include:
- Driving under the influence (DUI) of alcohol or drugs
- Theft, shoplifting, or destruction of property
- Assault, domestic violence, and being the subject of a protective order
A DUI arrest may seem unrelated to nursing practice, but it can raise concerns about a nurse's judgment and potential substance abuse issues, with or without a criminal conviction. Likewise, charges involving theft can suggest issues of dishonesty, potentially undermining the nurse's perceived integrity and ability to gain the trust of colleagues or patients.
Domestic violence charges or other charges with elements of violence can immediately disqualify nurses from working with vulnerable populations like children, the elderly, or dependent adults. Critically, even if judges eventually dismiss protective orders, they may not quell the board's concerns.
Practice-Related Arrests
In Georgia, nurses arrested for offenses directly linked to their professional duties, such as drug diversion, patient abuse, or practicing without a valid license, face serious repercussions. Arrests not only lead to criminal charges, but also the board views such violations as significant threats to patients and the public welfare.
Drug diversion, a common yet serious incident among nurses, occurs when controlled substances are illegally obtained or used for non-patient care purposes. Because nurses have direct and frequent access to highly addictive medications, like opioids, diversion is a significant offense in the eyes of the board.
Beyond issues of substance misuse, nurses might also find themselves involved in patient-related complaints serious enough to result in an arrest. Many of the GBON's rules governing unprofessional conduct often intersect with criminal acts such as causing or permitting physical, emotional, sexual, or verbal abuse or injury or neglect to patients under care. When nurses present a threat to public welfare, although an arrest may occur if law enforcement establishes probable cause, the board can act immediately to halt a licensee from practicing.
Summary Suspensions
When there is "clear and convincing evidence" that continued practice by an individual presents a danger of immediate and serious harm to the public, the GBON can impose a summary suspension. Nurses will have their credentials held without a hearing as determined by a majority vote from the board.
Summary suspensions—effective for a maximum of 90 days—are used only in cases involving serious criminal charges. The board must serve the nurse with a written order informing them of their right to contest the findings and issue its final decision within 90 days.
GBON Investigations and Hearings
Outside of arrestable offenses that require immediate or emergency intervention through a summary suspension, the GBON will likely invite the nurse to explain their side of the events during the board's investigation procedures. GBON staff are assigned to conduct a formal inquiry, and the nature of the investigation will depend heavily on the context of the arrest, such as whether it's related to nursing duties or not.
For patient-related incidents, the board may seek the following:
- Patient or client records
- Insurance billing documents
- Prescription inventories and associated paperwork
- Previous employment history
- Character statements from colleagues
In cases involving situations occurring outside of the practice, such as arrests for DUI, theft, or domestic abuse, the board will seek different evidence. They will likely subpoena reports from the arresting officer, court documents related to drug testing, testimony given to prosecutors, and witness accounts. Critically, even if a court decides to drop criminal charges or otherwise fails to convict, it will not matter to the GBON's pursuit of disciplinary action.
Upon completing its analysis of the evidence, including receiving testimony from the nurses themselves during a hearing, the GBON will decide on appropriate sanctions. First, the board will likely offer the licensee a consent agreement. This allows nurses to accept punishment imposed because of the original offense without moving forward to formal proceedings. However, this means that nurses will not have the full amount of due process rights they would in a formal hearing.
Administrative Hearings to Adjudicate License Discipline
Licensees who disagree with the GBON's decision may petition for an administrative hearing, where an Administrative Law Judge (ALJ) will adjudicate the matter. Nurses will receive an official Notice of Hearing from Georgia's Office of State Administrative Hearings (OSAH) detailing the time and place of the hearing and relevant procedural rights.
The ALJ will give the nurse and a board representative (typically a member of the Attorney General's Office) the opportunity to engage in mutual dispute resolution before the hearing in the effort to establish a workable consent agreement. If no settlement is reached, the ALJ will move forward to official proceedings.
After parties provide evidence and testimony, the ALJ will make a determination on the matter with recommended sanctions. In most cases, it's posted on OSAH's website within 30 days, affirming, rejecting, or modifying the board's sanctions.
Sanctions for Georgia Nurses
After an administrative hearing, licensed nurses may seek judicial review of the decision, but unless procedural errors occur or new evidence emerges, they will likely have to endure the consequences of being arrested as a licensed professional. Critically, even though Georgia courts can use the First Offender Act and other pretrial diversion programs to mitigate criminal penalties for arrestable offenses, the board will treat the disposition as if a conviction occurred.
When assessing discipline for arrests, the GBON treats each case individually and considers factors such as the following:
- The nature of the offense
- Impact on professional duties
- Whether the incident was a boundary violation
- Whether violence was involved
- The nurse's history of misconduct
With arrests indicating any form of abuse or violence, nurses may be restricted from working in certain settings, such as with children or older adults. In cases of deceit or dishonesty like theft, the board may impose monitoring or other forms of enhanced supervision. Unless joined with narcotics distribution, substance abuse arrests like DUIs, public intoxication, and drug diversion may be handled through rehabilitative programs.
The GBON's Aftercare Group benefits nurses who complete board-ordered treatment for deferred disciplinary action. Normally, licensees must work under probationary conditions, such as a limited practice, while working toward the following program requirements:
- Maintaining a professional or volunteer facilitator to submit quarterly reports and communicate with the board compliance staff
- Agreeing to random drug screenings
- Attendance at a weekly support group aimed at recovery from substance abuse or dependence.
Although the program allows nurses to avoid career-crippling sanctions, any departure from board mandates during the period will result in the deferred discipline imposed. It can also cause additional punishment to be added.
Nevertheless, not all Georgia nurses are afforded the option to keep their licenses. Many times, an arrestable offense can be seen as too damaging for the board to not impose a separation from practice. Suspensions can last from six months to five years. Even without full revocations, returning to practice is an immense challenge in proving rehabilitation.
Protect Your Georgia Nursing Practice With the Lento Law Firm
Facing an arrest as a licensed nurse can feel overwhelming, but it's important to recognize that difficult situations don't define a nurse's career. Even though the GBON manages any arrestable offense and subsequent criminal charges with urgency, nurses have access to experienced legal help dedicated to their best outcome.
The Lento Law Firm is known throughout Georgia, from the Atlanta Metro to coastal Savannah and Augusta in the east to Columbus in the West. Our Professional License Defense Team has dedicated its experience and resources to protecting countless nurses from career-ending discipline.
We understand how the GBON manages practice-related and non-practice-related arrests, including how to provide authorities with mitigating evidence to seek a reduction of sanctions and outright dismissal of charges. Our team of attorneys is a vital resource for Georgia nurses navigating criminal charges and license discipline and will assist with the following during the grievance process:
- Gathering mitigating evidence and witness testimony to argue for a nurse's fitness and competence to practice
- Encouraging the board to accept the nurse's placement in a treatment-centered alternative disciplinary program
- Negotiating with the GBON to reduce punishment by demonstrating the nurse's rehabilitation from misconduct
- Support efforts to have a license reinstated if suspended or revoked
- Prevent additional disciplinary action from failing to report or follow the rules of board-imposed programs
Handling the board's reporting process, investigative measures, hearings, and imposed discipline without professional help can rapidly devolve into a series of unintended consequences that can lead to permanent reputational damage in the medical field. There's no reason Georgia nurses shouldn't take advantage of their access to top-tier legal counsel. It will give them the confidence they need to continue providing life-affirming and life-saving care to patients throughout the state. Begin your defense now; call the Lento Law Firm Professional License Defense Team at 888-535-3686 today or fill out our consultation form, and we will contact you.
