In Maine, nurses who are arrested or charged for operating a vehicle while under the influence of alcohol or other substances can lose their license. While nurses and other healthcare practitioners in Maine are generally held to higher ethical and moral standards, they are also human and can make mistakes.
Reports show that 5 - 15 percent of healthcare professionals are likely to indulge in substance abuse. In Maine, driving under the influence is legally known as operating under the influence (OUI). The problem with an OUI charge is that it can be reported to the Maine State Board of Nursing, leading to serious professional consequences.
If you're a nurse facing disciplinary action for an OUI charge in Maine, you need to work with the experienced Professional License Defense Team at the Lento Law Firm to explore your options. When it comes to your career and future, you need all the help you can get. Let's help you.
Call us today at 888.535.3686 or fill out this contact form for a case evaluation.
What Constitutes Substance Use in an OUI Complaint?
Anyone – particularly law enforcement officials – can file an operating under the influence (OUI) accusation against you if they suspect the consumption of alcohol, opioids, illicit drugs, or even the recreational use of psychedelics while driving. Here's where things get a bit tricky: the basis of the complaint doesn't necessarily have to do with you making mistakes on the job due to your substance use.
For instance, if a nurse is pulled over, ticketed, or charged with substance abuse outside of work, they may face misconduct proceedings. A good example of this is a nurse driving home after consuming alcohol – even in tiny quantities – and getting pulled over during a routine traffic stop by law enforcement agents.
If the police officer suspects alcohol consumption, they can demand a field sobriety or blood alcohol content (BAC) test. If the nurse's blood alcohol level is higher than the acceptable limit of 0.08% or the nurse shows signs of inebriation, the nurse may face an OUI (operating under the influence) charge.
According to Maine's OUI Law, two conditions must be met before a nurse can be fined or charged with OUI:
- Operating a motor vehicle
- While having a blood alcohol content (BAC) that's ≥ 0.08 or under the influence of intoxicants
Nurses who meet both conditions can be charged with an OUI offense. And depending on the circumstances, they may subsequently be on the receiving end of a felony conviction.
What Substance Consumption Qualifies for OUI Charges?
Nurses who consume some or all of the following and operate a vehicle afterward may be charged with OUI:
- Alcohol
- Narcotics or illicit drugs such as cocaine, heroin, marijuana, or other drugs
- Over-the-counter medications
- Prescription medications such as benzodiazepines
- Opioids such as oxycodone, fentanyl, and methadone
The bottom line is that the consumption of any substance that may cause the slightest impairment while driving or operating a motor vehicle can lead to an Operating Under the Influence charge. This includes polydrug or polysubstance use –— using multiple substances or medications that may cause drug interactions together.
Combining these drugs or substances, such as taking opioids with alcohol, can significantly worsen cognitive and motor impairment, leading to poor judgment and slow reflexes while the nurse is behind the wheel and potentially deadly outcomes. Also, a combination of these substances can potentially jeopardize the safety of other road users.
This means that when the Maine State Board of Nursing goes over your case, the potential fallout or consequences of combining such substances may play a crucial role in the outcome of the disciplinary process.
Maine State Board of Nursing Disciplinary Process for OUI Offenses
It's vital to understand the disciplinary proceedings following an OUI complaint or case. In Maine, all disciplinary hearings are carried out by the Maine State Board of Nursing (hereinafter referred to as “the board”). The disciplinary process is usually as follows:
- Receipt of complaint by the board.
- Notify the licensee (the affected nurse) about the complaint within 60 days of receiving the complaint.
- The licensee is allowed 30 days to respond to the complaint and tell their side of the story.
- The complaint will be dismissed if the board is satisfied with the response and sees no need for further investigation.
- Upon dismissal, the complainant will be notified that the complaint has been dismissed.
- However, if the board considers the complaint serious or egregious, it will request an informal “conference” with the licensee. The notice of the conference will contain all necessary details, including the complaint, the hearing date, venue, and other important information.
- The case will be discussed during the informal hearing, which the accused and two others, including a lawyer, can attend.
- The accused or licensee will be allowed to speak and defend themselves.
- This informal conference may be followed by a formal hearing and subsequent decision.
- If the board determines that the nurse's license needs to be suspended or withdrawn, it will file an official complaint with a District Court. Then, in line with the Maine Administrative Procedure Act Title 5, §10004, the board can suspend or revoke the nurse's license.
Consequences of OUI Convictions in Maine and Their Impact on Nursing Licenses
Maine's OUI laws are super strict. Apart from criminal convictions, fines, and other penalties, such as driver's license suspension, that the state may impose, the state's Board of Nursing may initiate disciplinary processes and actions against nurses with OUI-related charges in keeping with the state's Nurse Practice Act.
These disciplinary processes may lead to one or more of the following outcomes:
- Mandatory participation in an alternative to discipline program
- Reprimand
- Civil penalty
- Undergoing a re-education program
- Censure
- Warning
- License suspension
- License revocation
And because Maine is a member of the Enhanced Nursing Licensure Compact (eNLC) – legislation that allows nurses to hold a multistate license and work in member states without needing new licenses or recertification – losing your license may impact your ability to work in other compact states.
If you're currently facing disciplinary action due to an OUI charge, you need all the help you can get. Remember, it doesn't matter if you were “off the clock” when you were pulled over and arrested for operating a vehicle while under the influence of alcohol or other substances. The reality is the consumption of these substances can induce physical or cognitive impairment, subsequently putting other road users and yourself at risk.
Therefore, you could be facing significant professional and financial ruin because of your actions. The Professional License Defense Team at the Lento Law Firm can help you fight your case, prepare your defense, and guide you through the entire disciplinary process. Don't let a small lapse in judgment take away your ability to earn a living and do what you love.
Call 888.535.3686 or fill out this form to speak to an attorney.
Are You Required to Report Your OUI Incident to the Board?
According to Maine Law, nurses with criminal convictions are required to self-disclose convictions. Also, if you were convicted of OUI, the police are legally required to report your conviction to the Maine State Board of Nursing authority.
Will this affect your chances of license suspension or revocation? And will it bar any license recovery? It depends. The good news is that the Maine State Board of Nursing prioritizes the rehabilitation of its medical personnel.
Nevertheless, if you prove incapable of rehabilitation and pose a danger to public safety, the board may consider that when deciding on whether to reinstate your license or permanently revoke it. This means that you may permanently lose your license and won't be able to practice as a nurse in Maine, other compact states, and maybe nationally.
Ultimately, you should discuss this with our Professional License Defense Team at the Lento Law Firm. We've dealt with similar cases in the past and may be able to provide a satisfactory solution to this conundrum.
Alternative Pathways to Avoiding Disciplinary Actions
The medical community understands that substance use, in whatever form, is often a coping mechanism for some nurses and other healthcare professionals. To that end, the Maine State Board of Nursing has an alternative to the discipline program called the Maine Medical Professionals Health Program (MPHP).
A nurse with an OUI charge may enter that program. This program is designed to rehabilitate nursing professionals who are struggling with substance abuse or other issues and get them on track to recovery. This way, they can continue to work while being monitored.
If the licensing board concludes that it's too risky for the nursing professional to continue while working, they may temporarily suspend the nurse's license while they undergo the program. When the nurse demonstrates that they are no longer a risk to public safety and can safely carry out their job, their license may be reinstated, and they can return to work.
However, participation is often subject to meeting terms and conditions such as:
- Voluntary enrollment in a rehabilitation program
- Willingness to participate in a board-mandated professional help program
- Signing a consent agreement that may include years of monitoring
- Strict adherence to the terms of probation
So, instead of facing disciplinary actions, your nursing license defense attorney can propose this program as an alternative solution that prevents the withdrawal or suspension of your nursing license. And if you're worried about the stigma of being in a rehabilitative program, it's important to note that the program is often confidential. So, there's little to no risk of public knowledge.
It's also important to note that you're not alone in this. Reports have shown that post-pandemic, a growing number of healthcare professionals are seeking help in the MPHP program. This option might be the middle-ground solution that allows you to keep your license even if you've been charged with OUI in Maine.
Can Your Disciplinary Action Record be Expunged or Sealed in Maine?
No, your disciplinary record cannot be expunged or sealed once the nursing board administers a disciplinary action. It is in public record and will be there for the foreseeable future. However, under certain conditions, such as a pardon, the nurse's public disciplinary action record can be adjusted to reflect the new pardon.
The permanent nature of these records can leave a career-long impact on a nursing professional's career, leading to increased public scrutiny.
Contact a Maine Nursing Professional License Defense Attorney
No matter how unserious or seemingly harmless a disciplinary action is, it can be damaging to a nursing professional. People can easily look you up and find information about the disciplinary action that the board took against you. It's bad enough that you have an OUI charge.
Adding a disciplinary action not only means that your livelihood is threatened, but also, your family's well-being too — particularly if you're the breadwinner. You may be facing financial ruin if your license is withdrawn and you are unable to work. This is why you need help with navigating the disciplinary process.
With the experienced Professional License Defense Team at the Lento Law Firm, we can help you navigate this process, provide legal support and guidance, and help negotiate fair outcomes that benefit you. We will be with you throughout this ordeal because we understand your difficult situation and will work with you to find satisfactory solutions.
Call us today at 888.535.3686 or fill out this form to speak to a nursing license defense attorney.
