For a Pennsylvania nurse, an arrest represents more than just a legal challenge—it marks the beginning of an uncertain and potentially devastating journey that can alter their professional identity and livelihood. They dedicate countless hours, effort, and commitment to gaining the trust of their patients and fulfilling clinical requirements. However, one unexpected arrest—whether tied directly to their nursing practice, such as drug diversion or patient abuse, or unrelated incidents like a DUI, shoplifting, or domestic dispute—can place their careers in jeopardy.
In Pennsylvania, the State Board of Nursing (BON) maintains rigorous standards of conduct and professional integrity, meaning any arrest can initiate an investigation that threatens not only the nurse’s license but also their future employment prospects after the following consequences:
- Restricted and limited practice through probation measures
- License suspension with conditional requirements before reinstatement
- Permanent revocation of credentials and the end of a nursing career
Mitigating the effects of an arrest must begin immediately, as failure to report to the BON can escalate any situation. Regardless of how Pennsylvania nurses find themselves under arrest, the LLF National Law Firm is dedicated to ensuring that they remain licensed professionals and have the opportunity to defend against board actions.
When state-level agencies seek discipline, our Professional License Defense Team stands prepared to respond to inquiries and assert a nurse’s rights at every step of the process. Whether nurses are working in busy Pittsburgh or Philadelphia hospitals, clinics in Easton or Lancaster, or elsewhere throughout the commonwealth, call us at 888-535-3686 now or fill out our confidential consultation form, and we will contact you.
When Must Nurses Report Arrests to the BON?
As licensed professionals, nurses are beholden to a wide range of guidelines promoting public safety and patient care. Although many provisions govern medical treatments, personnel supervision, and continuing education, the BON also monitors licensees for criminal activity.
The board does not explicitly state that licensees have to notify it when an arrest occurs, but when the following occurs:
- Guilty pleas
- Pleas of “nolo contendere”
- Admission into probation programs without a verdict
- Admission into an accelerated rehabilitative disposition program
Nurses have 30 days to report to the board or on their biennial renewal applications, whichever comes sooner. However, they must also report any form of disciplinary action outside of municipal, state, or federal charges. They must advise of any final order taken against them by a licensing authority of other jurisdictions, including internationally, nursing, or otherwise, within 30 days of receiving notice or on the biennial renewal application, whichever is sooner. Therefore, if a nurse faces a criminal conviction two weeks before they renew their license to practice, they must disclose it on the renewal form and not within the standard 30-day period, or they will face disciplinary action.
Arrests, of course, are tied to alleged criminal activity. If the board decides licensees require further sanctions to protect the public and the integrity of the nursing practice, it can come from multiple areas of state law. Yet, it will likely coincide with a violation of its rules promoting professional conduct, but it will depend on whether the arrestable offense is practice-related or not.
Non-Practice-Related Arrests
Pennsylvania nurses can experience arrests like anyoneelse. From summary offenses like shoplifting or disorderly conduct and misdemeanors like theft or assault to felonies involving serious harm or drug distribution, nurses face the same consequences. However, they do face unique situations, as many arrests can directly affect their authority to practice.
Assault-related arrests will provide the BON evidence that the nurse’s conduct could place patients at risk, but the final effects will depend on whether charges are misdemeanors or are more serious when injuries are involved. Incidents involving domestic violence are handled similarly insofar as the board will defer to protecting patients. For nurses subject to protective orders in Pennsylvania, alleged victims can petition courts for Protection from Abuse (PFA) orders. Even if harm is eventually unsubstantiated, the PFA will significantly disrupt a nurse’s career.
Due to their often high-stress working conditions, a common reason nurses are arrested stems from substance abuse. Whether alcohol, prescription drugs, recreational or illegal narcotics, the BON will not tolerate practice impairment. Even though nurses may be arrested for alcohol or drug-related incidents off the clock, such as DUI or public intoxication, the board will likely use it as a cause to conduct substance abuse testing to protect patient care.
Even something as minor as an arrest for shoplifting from a retail store can end a nurse’s career or put a halt to any upward momentum for promotion. Some may believe that a small mistake or lapse in judgment is relatively forgivable in their eyes or in the judgment of municipal courts, but it raises concerns among the BON about moral character issues subject to further investigation and potential disciplinary action.
Practice-Related Arrests
Arrests can take place any time a law enforcement officer establishes probable cause of criminal action. But they aren’t relegated to situations where nurses are driving on public roads, are out with friends on the weekend, or are otherwise going about their personal lives. Arrestable offenses happen on the job, from medical centers to community clinics and hospices to homecare services.
One of the more common practice-related incidents, considering a nurse’s proximity to narcotics, is drug diversion. This occurs when a nurse illegally takes controlled substances from a healthcare facility for personal use or distribution. The consequences related to diversion will depend on whether an arrest was carried out for unlawful possession, distribution, or theft-related charges.
Impairment from illicit substances aside, there are situations where nurses could be named in a patient complaint that leads to an arrest. The board’s rules governing unprofessional conduct often cross with arrestable offenses, such as the following Nurse Practice Act provisions:
- Willfully harassing, abusing, or intimidating a patient
- Impersonating another healthcare practitioner
- Practicing fraudulently or with reckless indifference or negligence
- Commission of acts involving moral turpitude, dishonesty, or corruption
- Exploitation of patients or insurance billing for profit
When Pennsylvania nurses face practice-related arrests—such as those involving drug diversion, patient harm, or impairment on duty—the BON evaluates the situation for potential risks to patient safety and public welfare. In circumstances where the alleged behavior indicates immediate danger or significant concern about a nurse’s continued practice, the board possesses the authority to initiate immediate disciplinary protocols.
Emergency Interventions
All Pennsylvania professional licensing boards, such as the BON, have the authority to temporarily suspend a licensee’s credentials without a hearing. Moreover, boards can make rules that provide for automatic suspensions for various prohibited conduct that presents an “immediate and clear danger” to the public. While the board judges each case individually, emergency suspensions are relegated to cases involving patient harm or drug diversion.
When the BON issues an order to the licensee, it must include a written statement of the allegations, and within 30 days, the board must conduct a preliminary hearing to determine that there is a prima facie case supporting the suspension. Nurses have the opportunity to attend the hearing and have the following due process rights:
- Representation by legal counsel
- Offer and inspect physical evidence
- Call and cross-examine witnesses
- Retain a record of the hearing
If evidence does not support prima facie case, the BON lifts the suspension immediately. But the board can impose alternative measures like supervised practice, drug testing, or counseling if the immediate threat is mitigated but an underlying issue remains. Unless vacated, the temporary suspension remains in effect for no longer than 180 days. In cases outside of necessary emergency interventions, nurses still must face the adjudication process.
BPOA Investigations
Although the disciplinary process can quickly lead to sanctions, it allows nurses to explain their side of the events. For example, an arrest could have occurred under false pretenses, such as a suspected PFA violation or drug diversion allegation.
The Bureau of Professional and Occupational Affairs (BPOA)—within Pennsylvania’s Department of State—handles the licensee investigation process. BPOA investigators or personnel from the Department’s Bureau of Enforcement and Investigation (BEI) gather evidence on the incident that led to the arrest. For practice-related situations, investigators could examine patient records, billing documents, and prescription inventories. For non-practice-related arrests, the BPOA or BEI may subpoena criminal records or order drug tests for the accused.
Findings are then analyzed by the Professional Compliance Office within the Prosecution Division of the BPOA’s Legal Office or BEI’s Prosecution Division. They will determine whether the investigation suggests the arrestable offense is substantially related to the practice, which is then presented to the BON for further review and appropriate disciplinary action. Nurses who disagree with the BON’s final decision may appeal through an administrative hearing.
Arrest Consequences for Pennsylvania Nurses
Much like the board’s discretion to levy temporary emergency suspensions, there are some cases where they may impose an automatic suspension following an investigation or criminal conviction. However, it’s relegated for use in two cases:
- The legal commitment to an institution because of mental incompetency
- Felony convictions under the Controlled Substance, Drug, Device, and Cosmetic Act (whether in Pennsylvania or an act in another jurisdiction)
Critically, automatic suspensions are not stayed pending any appeal of a conviction. Yet, in many cases, the board will place a nurse on probation, often with limitations and restrictions related to the arrest to mitigate further occurrences.
For example, if a licensed nurse normally cares for vulnerable populations, such as children, dependent adults, and the elderly, some criminal offenses like assault or being subject to a PFA could be the reason the board forbids a nurse from practice in home healthcare services. Furthermore, authorities could invoke enhanced supervision for a nurse to hold them accountable.
With substance abuse cases, such as possession, DUI, or others, licensees can take advantage of joining a board-approved program in agreement for deferred disciplinary action. The Voluntary Recovery Program (VRP) provides nurses suffering from a mental or physical disorder, such as substance use, treatment, and monitoring, to ensure that they remain capable of practicing safely. To remain eligible, nurses must meet three criteria:
- Agrees to be evaluated by a provider and be subject to random testing
- Progress “satisfactorily” through the program’s treatment
- Sign a three-year, non-public consent agreement
Although the VRP allows nurses to retain their license following related arrests, any departure from program requirements—missed counseling, failed drug tests, additional arrests, etc.—will result in further sanctions. The board will likely suspend or revoke a license for a breach of a VRP agreement. The same consequences can occur if nurses are subject to a court-ordered substance abuse program or other accelerated rehabilitative disposition program. Violating orders is an additional criminal offense, meaning the board can seek discipline again.
Following the completion of VRP programs or other board rehabilitative measures, the licensed nurse can petition for expungement to clear up their record. However, it cannot come earlier than five years after the board’s final disciplinary disposition.
Protect Your Nursing Practice With the LLF National Law Firm
Facing an arrest as a licensed nurse in Pennsylvania can feel overwhelming, but it’s crucial to recognize that those difficult moments don’t have to define their professional future. The BON takes any arrest and subsequent criminal charges seriously, and although disciplinary measures can significantly impact a medical reputation and career prospects, nurses have access to experienced legal help.
The LLF National Law Firm is well-known throughout Pennsylvania, and our Professional License Defense Team understands the complexities of nurses facing criminal charges after an arrest. We know how the board manages practice-related and non-practice-related crimes, the sanctions it’s likely to impose, and how to defend a nurse’s ability to practice.
Attempting to navigate the consequences of arrests alone can quickly lead to unintended consequences and permanent reputational damage. We will negotiate with the BON and emphasize measures taken to address practice concerns to protect good standing. Regardless of the situation surrounding an arrest, call the LLF National Law Firm Professional License Defense Team at 888-535-3686 today or fill out our consultation form, and we will contact you.