The State of Utah takes domestic violence accusations seriously, and reports can impact professional licenses. For Utah's medical professionals, though, that means that accusations can put your career at risk. If domestic violence charges or protective orders are jeopardizing your nursing license in Utah, a legal team can help you navigate the process.
The Lento Law Firm Professional License Defense Team knows that criminal charges are only part of the equation with domestic violence accusations. We can work with you in the battle to protect your license so that you can continue working. If you're dealing with licensing issues related to domestic violence in Utah, contact us at 888-535-3686 or complete our confidential contact form.
Domestic Violence and Nurses in Utah
In Utah, residents accused of domestic violence can face criminal charges. But for the state's licensed nurses, domestic violence accusations can come with additional consequences. Domestic violence in the presence of a child can bring even more severe penalties, requiring a review in most cases before a medical license can be issued.
Domestic violence victims can also request a protective order. Having a protective order against you won't keep you from practicing in the state, as long as you honor the terms of the order. Violating the order can get in the way of receiving and renewing your Utah nursing license.
Utah's Criminal Code and Domestic Violence
Utah's definition of domestic abuse includes a range of criminal offenses committed against a cohabitant. Everything from stalking to physical violence is included and can have criminal consequences. Penalties depend on how the domestic violence is classified. If it's a misdemeanor, you could face up to 364 days in jail and fines of as much as $2,500. Felony convictions come with even stiffer penalties.
However, for nurses, even a Class C misdemeanor can have long-term professional repercussions. While the criminal justice system is more concerned with punishment and public safety, the licensing commission's entire focus is safeguarding Utah's citizens from practitioners it determines to be unfit.
Utah's Protection from Abuse Orders
Utah issues protective orders under the Cohabitant Abuse Act. These orders are geared toward preventing future abuse and can be issued on an emergency basis until a final order can be drawn up. Once a final protective order has been issued, it remains in place for up to 150 days unless the court extends it.
As with domestic violence allegations, protective orders may be reported to the state. Even if you aren't convicted, the department may classify the order as proof of unprofessional conduct, which can lead to an investigation and disciplinary action.
Unlawful Conduct and Utah Nursing Licenses
In Utah, nursing licenses are overseen by the Division of Professional Licensing (DOPL). The DOPL reserves the right to take administrative action on any licensee who violates its unlawful conduct provisions. An investigation will be launched as soon as the DOPL catches wind of the accusations. This investigation will take place even if the charges were dropped or you're acquitted of all charges.
Unfortunately, no matter what the courts do with your case, the DOPL can still take disciplinary action. Unlike court systems, state agencies merely have to decide you're guilty based on the preponderance of the evidence, which means deciding with a 51 percent likelihood that you're guilty of the allegations.
Downgraded Charges in Utah
The DOPL takes accusations of domestic violence seriously, even if you're never charged. That means if you plead out or the charges are downgraded, you can still face the same licensing repercussions. Licensing boards don't even need a criminal conviction to take action on a nurse's license.
However, if you plead out or your charges are downgraded, an experienced attorney can ensure the DOPL keeps that in mind during the investigation. It's important to ensure your side of the story is communicated professionally and succinctly, using language that is most likely to make an impact on the investigation.
Self-Reporting Domestic Violence Accusations
Utah's DOPL has an investigations team that handles all complaints against nurses. The investigations team receives complaints against licensed nurses from:
- Members of the public
- Coworkers
- Licensing board members
- Professional associations
- Other state agencies
- Federal disciplinary databases
Once a domestic violence accusation makes its way to law enforcement or the courts, the DOPL may be notified. Rather than waiting for the DOPL to learn of the issue, it's far better for nursing professionals to be proactive. By contacting the Lento Law Firm Team as soon as a domestic violence accusation or protective order is issued, you can get ahead of the complaint and potentially reduce the risk to your license.
Disciplinary Action for Domestic Violence Accusations in Utah
If the DOPL decides to take action against a nurse over domestic violence allegations, one or more of the following disciplinary sanctions may be imposed:
- Fines
- Referral to a discipline program
- Public reprimand or censure
- Monitoring or education tailored to the specific situation
- Probation or limitations on practice
- License suspension
- License revocation
Utah adds disciplinary actions to its database, which is available to the public. Someone can search a nurse's name, license number, or place of practice and access all disciplinary actions and citations on that person.
Utah Professionals Health Program
If substance abuse is involved, the DOPL may refer you to a confidential health program. This program is designed for professionals whose substance use may have contributed to the licensing issue. The Utah Professionals Health Program (UPHP) offers education, monitoring, consultation, and resources for medical professionals across the state.
It's important to note that the UPHP is not a completely safe space. Any admission of wrongdoing can impact your license status. You should always consult an attorney before entering any program or signing a monitoring agreement.
Child Abuse Allegations and Your License
Domestic violence accusations escalate when children are involved. Even if someone alleges you committed the abuse when a child was present, it can have more severe implications than if children aren't involved at all.
Domestic violence accusations involving children can lead to:
- Reporting to the DOPL
- Child and Family Services involvement
- Heightened discipline risks
Unlike the court system, the DOPL doesn't need to prove guilt beyond a reasonable doubt to take action on your license. Investigators will simply review the facts to decide whether a license should be issued, renewed, or investigated for disciplinary action.
How Complaints Are Handled
Once the DOPL is aware of the accusations against you, the investigations team takes over. This team is made up of 39 investigators who are trained to research licensing issues in Utah.
Complaints are first entered into the database to look for any patterns that merit further attention. From there, a DOPL supervisor reviews the complaint and determines whether it should be dismissed or assigned to an investigator. The supervisor will classify it into one of the following three categories:
- No violation: If the supervisor determines no violation occurred, the complaint will be closed with no action. The complaint will remain private.
- Violation does not meet investigation criteria: In some cases, the DOPL determines that an investigation is impossible due to lack of jurisdiction or authority. In that case, the complaint may be referred to another agency.
- Violation meets investigation criteria: If the supervisor makes this determination, the complaint is prioritized and assigned to an investigator.
Utah's Domestic Violence Investigations Against Nurses
If you've been accused of domestic violence in Utah, the DOPL investigators will put some time into determining whether the allegations are founded. This includes:
- Reviewing any extenuating circumstances
- Interviewing witnesses
- Interviewing involved individual(s)
- Obtaining all relevant paperwork, sometimes by subpoena
- Obtaining input from appropriate experts
In some cases, complaints are resolved informally, with no need for a hearing. You may receive a verbal warning or citation. A more formal option will have you either accepting an agreement or attending a formal hearing in front of an administrative law judge. In all cases, though, the Lento Law Firm Team can help you respond to communications and understand your rights as you navigate the process.
Consequences of Disciplinary Action Against Your License
If the DOPL imposes sanctions against you, the consequences go beyond the immediate penalties. You could find yourself facing long-term repercussions. They include:
- Public record: Through the DOPL's Disciplinary Actions and Citations search, others can pull up information about your penalties for years to come.
- Employment challenges: Your current and future employers may run background checks and choose to terminate you or decline to hire you as a result.
- License limitations: The DOPL could place restrictions on your ability to practice your profession, including putting you on probation, requiring you to work with supervision, ordering counseling, or mandating education.
- License revocation or suspension: Even if the domestic violence charges are dropped, you could still lose your license either temporarily or permanently.
- Mandatory disclosure: If you ever apply for a nursing license in another state, you'll be required to disclose the action against your license as part of the application process. As a result, boards may decline to issue a license.
- Reputation damage: Having a domestic violence accusation or protective order in your past can lead to reputation damage. For a nurse, that damage can hurt your career, potentially getting in the way of professional advancement.
Why a Criminal Defense Attorney Isn't Enough
Domestic violence accusations typically merit a call to a criminal defense attorney. While this type of specialized legal help is essential, your lawyer will be laser-focused on helping you with your criminal charges. Your professional license is a different issue.
The Lento Law Firm Professional License Defense Team is familiar with Utah's professional licensing requirements and can help you navigate the process. We can also help you understand the repercussions to your nursing career that plea deals can have and can help you determine what's the best route overall.
Disciplinary Appeals in Utah
Being sanctioned by the DOPL isn't the end of the road. You have the right to appeal any decisions following established procedures. In Utah, here's how appeals work:
- Request for agency review: Within 30 days of the DOPL's decision, you'll need to file a written request for an appeal. You should state the grounds for the appeal and the relief you're requesting, sign it, state the date upon which it was mailed, and mail it to the presiding officer and every involved party. The agency will review your request and notify you if a hearing is scheduled.
- Judicial review: If your appeal to the agency doesn't resolve things to your satisfaction, you can request a review from either the Utah Court of Appeals or a district court.
- Stay of sanctions: If the sanctions will get in the way of practicing, you can request that those sanctions be paused during the appeal period.
The appeals process can be complicated, with deadlines and requirements you'll need to navigate. The Lento Law Firm's experienced team can work with you to write appeal requests and prepare for hearings.
Why You Need the Lento Law Firm Team
At the Lento Law Firm, we understand that licensure investigations can be stressful. The process may be difficult to navigate, and we can help you know what to expect. Here are some ways we'll help you if you're dealing with domestic violence allegations or a protective order against you:
- Advise you on reporting the accusations and dealing with your protective order
- Work with you as you communicate with DOPL investigators
- Help you make informed decisions about plea agreements
- Assist you in preparing for any hearings
- Advocate for lesser disciplinary outcomes
- Appeal any disciplinary action against your license
Utah's nurses work hard to get and maintain a professional license. Allegations of domestic abuse can put that hard work at risk. The Lento Law Firm Team has experience helping nurses defend their licenses against accusations of unprofessional conduct and can help you work through the charges and subsequent investigation. If you're a nurse dealing with domestic violence issues in Utah, reach out to see how we can help. Call us at 888-535-3686 or fill out this confidential contact form with a few details about your situation.
