Arkansas has plenty of opportunities for career nurses, thanks to top-notch facilities like the Washington Regional Medical Center and Baptist Health Medical Center. However, holding a nursing license comes with some responsibilities, including keeping your record clean.
In Arkansas, driving while intoxicated (DWI) comes with serious penalties, including fines and driver's license suspension. For nursing professionals, though, one DWI can derail years of education and hard work.
The Lento Law Firm Professional License Defense Team works directly with nurses who face disciplinary action due to a DWI charge. If your Arkansas nursing license is at risk because of a DWI accusation, give us a call at 888-535-3686 or get in touch through our confidential online form.
DWI Definition in Arkansas
Arkansas primarily reserves the term DUI, which is driving under the influence, for juvenile drivers. Otherwise, DWI is the phrasing most often used. If you're pulled over while intoxicated in the state of Arkansas, a blood alcohol level of .08 or greater will result in a DWI charge or a DUI charge for those under the age of 22.
Nurses in Arkansas must submit to a criminal background check during the licensing application process. All misdemeanors and felonies must be disclosed to the board, even if expunged. For practicing nurses in the state, all misdemeanors and felonies must be reported in a timely manner to the board. In Arkansas, a DWI is a misdemeanor unless someone has five or more offenses within a five-year period.
Arkansas Nursing Board Self-Reporting Policies
In Arkansas, nurses are licensed by the Arkansas State Board of Nursing (ASBN). ASBN issues and monitors licensees in the state with the primary goal of protecting the public. As part of that goal, the board monitors all licensees' criminal background, both before and after getting a license.
Self-reporting is important if you're licensed in the state of Arkansas. The board expects you to report any citation or arrest other than a traffic violation, including DUIs and DWIs. Reporting not only helps you avoid worse consequences if the board finds out that you concealed the information, but it also helps the ASBN monitor court dates and gather evidence from the start. This allows for a smoother investigation process.
Expunged Charges in Arkansas
Misdemeanor-level DWI charges in Arkansas stay on a person's record for five years, at which point a person's criminal record can be expunged. But the ASBN requires reporting all past citations and arrests, even if they've been expunged.
If you have a DWI in the past, the ASBN recommends that you request that the court submit documentation showing the incident was expunged. You'll submit that information to the board. Along with all other available information, that documentation will be used to decide whether a license should be granted or, if you're an existing licensee, whether disciplinary action should be taken against you.
Nursing Investigations in Arkansas
The ASBN uses the Nurse Practice Act (NPA) when making decisions about disciplinary action. The board has the sole authority to discipline licensed professionals in the state as long as proof exists that the nurse committed an offense. Discipline-worthy offenses include being guilty of a crime or gross immorality.
If an incoming complaint or report is in violation of the NPA, the ASBN launches an investigation. Investigators may be:
- A licensed nurse from the ASBN
- A licensed nurse from Pharmacy Services and Drug Control of the Arkansas Health Department
- A pharmacist from Pharmacy Services and Drug Control of the Arkansas Health Department
- An agent from the Drug Enforcement Agency
- An investigator contracted by the ASBN
- Someone from the Attorney General's Medicaid Fraud Division
The investigator will gather information and interview witnesses. In some cases, documents may be subpoenaed. Sometimes, interviewers dismiss the case during the investigation process, but with a DWI, chances are the case won't be dismissed outright.
Investigation Outcomes in Arkansas
Once an investigator finishes gathering and reviewing all information, that investigator will take one of the following actions:
- Letter of Warning: In some cases, you'll simply receive a letter warning you that a violation may have occurred. This will have no impact on your record.
- Letter of Reprimand: This letter, issued by the ASBN, will be permanently reflected on your license. You may also be required to attend educational courses related to DWIs and substance abuse.
- Consent Agreement: If you admit to a violation, this agreement will likely outline the terms of maintaining your license, which can include fines, classes, and/or drug screening. This level of discipline will be permanently reflected in your license.
- Formal Hearing: You can request a hearing that allows you to state your case to the board, whether you agree with the terms being offered or not. If you choose this option, you'll be notified via certified mail and through the Arkansas Nurse Portal message center.
Formal Hearings for DWI Offenses
With the exception of March, August, and December, the ASBN holds monthly meetings, and each of these meetings is open to the public. If you're under investigation and request a hearing, you'll be scheduled to speak in front of the board at one of these meetings. This is your chance to state your case and present information that might demonstrate that even though you were charged with a DWI, this behavior doesn't make you a danger to the public.
This hearing serves as a prime opportunity for you to state your case. Our attorneys can help you not only gather the evidence you'll present to the board but also prepare the statement you'll make. We can also help you come up with witnesses who can appear alongside you at the hearing and strengthen your argument.
It's important to note that the board can and likely will ask you questions during the hearing. The Lento Law Firm Professional License Defense Team knows the questions the ASBN is likely to ask and can help you prepare for anything they might throw your way. Once you've stated your case and the questions have been asked, the board will make a decision. That decision will become a public record.
Disciplinary Action in Arkansas
At the conclusion of the hearing, a nurse could face a variety of penalties after a DWI charge. Those penalties are:
- Not guilty: If the board finds that you didn't violate the NPA, a decision of not guilty will result. This is the ideal outcome, as you can resume work with no licensing limitations.
- Reprimand: In some cases, the board finds you're in violation of the NPA, but only a reprimand is necessary. This lets you keep your license, although you may be required to either take a course or pay a fine.
- Probation: You could be allowed to keep your license but with conditions attached to it. Over a predefined period of time, you'll likely be required to engage in board-ordered activities that can include taking classes, paying fines, or submitting reports.
- Suspension: With this outcome, you lose your license temporarily. You'll need to meet predefined conditions before your license can be reinstated.
- Revocation: Reserved for the most extreme violations, this penalty takes your license, rendering you unable to practice nursing in Arkansas.
Unfortunately, disciplinary action doesn't just impact your Arkansas license. If you have such action on your nursing record, you'll need to report it in any other state where you practice, whether through the nursing compact or direct application to that state.
Disciplinary Action and Multistate Nursing
Arkansas participates in something called the Nurse Licensure Compact (NLC), which lets Arkansas' licensed nurses practice in the more than 40 other states that are part of the compact. The best thing about the NLC is that you only need one license to cross state lines.
But the NLC comes with a downside. One DWI will impact your ability to practice in all compact states. However, you'd run into the same issue if you applied for licenses in each state separately since licensing boards typically require that you disclose any criminal activity in your background.
Repercussions of Disciplinary Action in Arkansas
As with DWI charges, disciplinary action will have long-term repercussions, even if it doesn't cost you your medical license. You may need to set aside time for any mandatory classes, and if you're charged fines, they can cut into your household budget.
However, perhaps the biggest negative impact is the damage it does to your nursing record. For the remainder of your career, you'll need to disclose that you have had disciplinary action in the past to potential employers and licensing boards in other states. The Lento Law Firm Professional License Defense Team can help you understand the impact of disciplinary action and reduce the impact it will have on your career.
But a DWI doesn't have to set you back. In many cases, nurses are able to have long, thriving careers even after board disciplinary action. If you can demonstrate that you overcame the obstacle and proved an asset to employers and the healthcare system, past offenses won't pack as much of a punch.
Public Disclosure of Arkansas Disciplinary Action
For many Arkansas nurses, the public disclosure of disciplinary action is one of the biggest downsides of a DWI. DWI-related disciplinary action in Arkansas may show up in the following places:
- The ASBN License Verification Portal: This publicly accessible website is where patients are most likely to go for information on local healthcare providers. Anyone who knows your first and last name can view certifications and see whether disciplinary action was taken on your license.
- Nursys®: This national database is used by state nursing boards to verify applicants' past license activity. Some employers also use it to verify license status.
- Healthcare Integrity and Protection Data Bank: This federally mandated databank logs adverse actions taken against healthcare practitioners nationwide.
Appealing Arkansas Nursing Board Decisions
The board's decision isn't final. You do have the right to appeal. You'll need to do so within 30 days of the decision to the circuit court of the county in which you practice. You can also file your appeal with the circuit court in Pulaski, which is the county where state offices are located.
The stakes are high for this appeal since the decision of the circuit court is final. You'll need to gather as much information as you can to prove your case. This is one area where it's especially important to call upon the Lento Law Firm Professional License Defense Team. We can help you prepare for your hearing in front of the circuit court.
Legal Help for Your License Defense
DWI cases call for a criminal defense attorney to help with court processes. But your criminal attorney can't protect your professional licenses. For that, you need an attorney who has experience with state medical boards.
The Lento Law Firm Professional License Defense Team can help you as you go through the disciplinary process and protect your license. We'll provide support with the following:
- Navigating board policies
- Understanding how your DWI charges impact your license
- Gathering documentation relating to any past charges that have been expunged
- Meeting board requirements for reporting the charges
- Crafting statements and gathering evidence that shows your fitness to practice as a nurse in the state
- Crafting statements that emphasize your commitment to rehabilitation when applicable
- Helping ensure you can continue practicing in other states when applicable
How the Lento Law Firm Team Can Help
A DWI charge can be overwhelming, especially if you feel your career is at stake. While plenty of nurses have long, successful careers after a DWI charge, the more you can do to reduce the penalties, the quicker you can resume your focus on your career.
If you're a nurse facing a DWI charge in Arkansas, you don't have to go through it alone. The Lento Law Firm Professional License Defense Team has experience with helping nurses who are dealing with board processes. We can not only make sure you know what to expect, but we can review your case and help you plan a course of action that will reduce the impact on your nursing career. Give us a call as early as possible in the process at 888-535-3686. You can also complete this online form with some basic details about your situation, and we'll get in touch.
