Most nurses do not plan for an arrest, so few nurses in Iowa have a plan for protecting their careers when the unexpected arrest occurs. That's OK, because the Lento Law Firm Professional License Defense Team has spent many years devising personalized plans for nurses threatened by the specter of arrest, criminal charges, and conviction.
After a formal encounter with the justice system, there are many questions to address. We will help you determine whether to report the arrest, explain how to proceed if you're charged or convicted, and prepare you for potential disciplinary proceedings facilitated by the Iowa Board of Nursing (IBON). Should the Board sanction you, we will be ready to respond.
Criminal defense and defense of your nursing license are separate, similarly essential legal fields. No matter the license you hold or how long you've practiced, your career, investments in your license, and professional ambitions are worth protecting. Let our experienced team protect them for you.
Call the Lento Law Firm today at 888-535-3686 or contact us online. Find out how we can help, get answers to your questions, and learn what may come after an arrest in Iowa.
Iowa Nurses Must Report Convictions, but Not Necessarily Arrests, to the IBON
Iowa's is similar to most nursing boards throughout the country in that it emphasizes reporting convictions rather than arrests. Guidance from the IBON states that a nurse must report “all criminal convictions” within 30 days of the “final court action,” also known as the “final disposition.”
While the Board's literature states that “information regarding all criminal convictions” must be presented to the Board (even out-of-state convictions) during the license application process, it is less clear about whether a nurse who already holds a license should:
- Report an arrest to the IBON
- Report the filing of charges to the IBON
It's your decision as a nurse to report or not report interactions with law enforcement that fall short of a conviction. Whether that might be an arrest, formal filing of criminal charges against you, or any other development, there can be potential benefits and risks in either reporting or keeping information to yourself.
In What Circumstances Might I Choose to Voluntarily Report an Arrest or Filing of Charges to the IBON?
First, let us emphasize that no adequate substitute for speaking with our Professional License Defense Team exists. We will listen to your account of events, weigh your nursing history and personal circumstances, and help you make the right decision for your unique situation.
For now, we can inform you of some of the variables that might influence whether you choose to report an arrest to the IBON voluntarily:
- Whether you believe the Board of Nursing will learn about your circumstances on its own: There are many ways for a nursing board to learn of a nurse's arrest. The IBON might even have formal relationships with law enforcement and local courts, and could receive tips about nurses' arrests directly from those sources. If we determine there's a high likelihood the IBON will find out about your legal issue on its own, it could be in your interest to report the matter yourself.
- Whether you plan to pursue additional nursing licensure: The IBON and most nursing boards throughout America require nurses to report convictions, and sometimes even arrests, when you're applying for licensure. If you are even considering seeking a new type of nursing license, it may be wise to submit a preemptive report after an arrest.
- Whether an arrest or criminal charges seem likely to lead to a conviction or guilty plea: Because the IBON requires you to report a criminal conviction, we should consider whether a conviction or guilty plea seems likely. If so, you might improve your image in future disciplinary proceedings by reporting an arrest as soon as possible.
- The specific details of your brush with law enforcement: In some cases, it is clear that the nurse was arrested wrongfully. In others, a nurse might have made a mistake, and may even have overwhelming evidence stacked against them. These considerations might influence whether you proactively report an arrest or other legal development to the IBON.
We must emphasize that these are general considerations, not explicit advice encouraging you to report an arrest to the IBON immediately. Speak with our team first so you don't take any action that might unnecessarily jeopardize your ability to practice.
Virtually any detail of an arrest, career, or a nurse's personal life can be relevant to how you proceed. Our Professional License Defense Team has dealt with many nursing boards, and we can anticipate how these Boards might perceive and evaluate your unique circumstances. This insight will undoubtedly benefit you, and it's a critical reason why you should contact the Lento Law Firm to lead your license defense.
Nurses Only Have So Much Control Over What the Board Knows—Including Its Knowledge of Arrests, Formal Criminal Charges, and Convictions
Whether to report an arrest, the filing of charges against you, or a criminal conviction is a decision you will need to make. You need to know, though, that no nurse has total control over what the Iowa Board of Nursing finds out.
It's very possible the IBON learns of your arrest on its own. With that in mind, we can:
- Factor this reality into whether you report on your own: The Board's ability to find out about nurses' alleged criminal infractions on its own will be one factor we consider when determining whether you should self-report an arrest.
- Consider how the IBON might respond if it finds out about an arrest (or other legal developments): Anticipation is critical in license defense. We have seen the many ways in which a nursing board can respond to news of a nurse's legal troubles. We will explain the range of possible responses you might face should the IBON learn of your arrest.
- Prepare you for any disciplinary proceedings that may come your way: One of the Board's possible responses to a nurse's arrest is to initiate disciplinary proceedings. Given that's the case, we will ensure you're psychologically and practically prepared for any disciplinary process that might lie ahead.
The Lento Law Firm Team is here for you to bounce your questions, concerns, and ideas off. This is surely one of the most complicated, confusing periods in your nursing career, and you can never have enough insight and guidance from proven license defense professionals like us.
How the Iowa Board of Nursing Conducts Disciplinary Proceedings, Which an Arrest Can Initiate
The nurses we represent are nothing if not prepared. We don't believe in burying one's head in the sand or diving into the deep waters of denial. Instead, we will ensure you're ready for any interviews, disciplinary negotiations, hearings, and other steps that collectively comprise the nurse disciplinary process.
Let's start with how the Iowa Board of Nursing handles complaints against nurses. Note that this process generally applies when a nurse self-reports an arrest, conviction, or pending legal proceedings:
- The Board evaluates the written complaint: The Board may either determine that the complaint is not worthy of investigation or that the nurse's alleged behavior could violate nursing standards (in which case, an investigation may be likely).
- The investigation takes place: The Board's executive director or a board investigator will “conduct an investigation into the allegations of a complaint” if it deems the complaint actionable. While the specific investigative process is not detailed, the Board notes that it has investigative subpoena power, which is a substantial benefit in uncovering relevant documents, witness testimony, and other evidence. You also have the right to file a motion to quash a subpoena, which could prove critical in protecting yourself during the investigative process.
- The Board may take action: Following the investigation, the Board can decide whether to investigate further, close the case, issue a warning letter to the nurse, require the nurse to undergo education, or issue notice of a hearing to the nurse (which generally means the Board has reason to believe the nurse violated its standards).
- A hearing occurs: These hearings generally involve questioning and cross-examining witnesses, presenting evidence, possibly evaluating expert witness exhibits and testimony, and oral arguments.
- An appeal happens, if necessary: The appeal is a universal right for nurses who face disciplinary proceedings. While our Professional License Defense Team works hard to spare nurses from having to appeal an adverse ruling. However, we recognize that nursing boards do not always make the proper decision, so we are always prepared to make a timely, detailed, and to-the-point appeal for nurses.
The IBON may take other measures, such as referring the case to a peer-review committee, before issuing a disciplinary decision. Your attorney will provide personalized guidance so you will be ready for whatever may come.
Potential Discipline if the Board Finds You Violated Its Standards
It's a common mistake. Nurses who are arrested or charged become so fixated on legal proceedings that they lose sight of how devastating a board of nursing's discipline can be, not just to a career, but to one's very quality of life.
The Board's range of potential discipline includes:
- Revoking your license, which may be generally reserved for serious criminal convictions
- Suspending your license, which is a possibility you must prepare for, as the Board might feel that arrest-worthy allegations are also suspension-worthy allegations
- Restriction of your nursing privileges, which may substantially interfere with your earning power and career prospects
- A fine, which may be a substantial financial hardship and mar your professional record
- Probation, which may place you perilously close to future discipline
- A formal reprimand, which you should not dismiss as a “minor” sanction, as this too can diminish your standing among current and prospective employers and industry regulators
Even a warning, typically the lowest rung of nurse discipline, may adversely affect your career. If you encounter future disciplinary proceedings, the Board will likely hold any past discipline, including a warning, against you.
Our goal is to achieve the outcome you deserve if you are subject to IBON's disciplinary proceedings. A fair outcome is unique to each nurse's circumstances, but do not doubt that we will fight for your interests as if our own licenses were at stake.
If I'm Not Charged Criminally, How Can the Iowa Board of Nursing Discipline Me?
The Iowa Board of Nursing is a disciplinary body independent of Iowa courts. While a prosecutor's office in Cedar Rapids, Des Moines, Sioux City, or Davenport might not find grounds to pursue criminal charges against a nurse, the IBON might see grounds to impose discipline. Generally speaking, the Board of Nursing has a lower bar for disciplining nurses than the criminal justice system.
So, to be clear, the Iowa Board of Nursing can discipline you even if you're never charged or convicted of a criminal offense.
Know the Difference Between Criminal Defense and License Defense (and the Priceless Value of Each)
Many, if not most, Iowans who are arrested hire an attorney. They're concerned about being convicted or taking an unfavorable plea deal, and they should be.
You should be just as occupied with the potential professional effects of an arrest, criminal charge, or conviction. That's where the Lento Law Firm Team will prove invaluable.
Allow us to be your counselors, advisors, and protectors until the storm of an arrest has cleared. We will prepare you for any potential developments and outcomes related to your nursing license and fight for your best interests while helping you make logical decisions that best protect your priceless nursing career.
Call the Lento Law Firm Today to Discuss How Our Professional License Defense Team Will Fight for Your Nursing Career
Call the Lento Law Firm today at 888-535-3686 or contact us online as soon as possible. Once you've retained our team, you can rest easier knowing you've done what you should to protect your chosen career.
Iowa is among the many states facing severe nursing shortages. While the people of Iowa need you, the Board might not let that fact deter it from disciplining you. Your only option should be a proactive, impassioned defense of your reputation and license, and that's what we offer.
