The State Board of Nursing (referred to going forward as the Board) is responsible for issuing licenses to nursing professionals in Pennsylvania. The Board also has the authority to take various forms of disciplinary action against nurses who violate its rules.
Breaking certain laws counts as the type of violation that might trigger disciplinary action. For example, perhaps you're a Pennsylvania nurse who was recently arrested for a DUI. You may wonder how this will affect your professional license.
Be aware that professional license cases differ from criminal cases in many ways. A legal professional qualified to handle the criminal side of your case likely won't be the right lawyer to handle the Board investigation side. For that, you need attorneys who specifically serve clients facing disciplinary action from state licensing boards.
That's exactly what you'll find at the LLF Law Firm's Professional License Defense Team. For more details about what we can do for you, submit your case information through our confidential online contact form or call our offices at 888-535-3686.
Do I Need to Report the Arrest?
In some states, a nurse who was arrested for a DUI or similar crime doesn't need to report the arrest to the relevant licensing board. They may only need to report the charges if they lead to a conviction.
Pennsylvania is different. Under Pennsylvania law, a registered nurse must take the following actions in regard to reporting DUI arrests, charges, and convictions to the Board:
- When criminal charges are filed against a nurse in the Commonwealth, the nurse has 30 days from the date the charges were filed to report the charges to the Board. Or, they may report the charges on their biennial renewal application, whichever comes first.
- A nurse must notify the Board within 30 days of a criminal conviction or entering a guilty plea or a plea of nolo contendere. They must also report alternative legal dispositions a court may consider in a DUI case, such as being admitted into probation without a verdict or entering an accelerated rehabilitative disposition program. As with an arrest, if the opportunity to report a conviction or other such disposition arises during the biennial renewal application process first, a nurse may use this opportunity to report a conviction or disposition.
Don't attempt to hide an arrest because you don't think it will result in a conviction. Sometimes, as soon as a law enforcement agency fingerprints someone who's under arrest, the system automatically sends information about the arrest to relevant professional licensing boards anyway.
Knowing how to proceed in these circumstances can feel overwhelming. It doesn't have to. At the LLF Law Firm Professional License Defense Team, we're on hand to help you navigate every step of the process.
A Side Note: Check Employer Policies
Don't just consider legal requirements when reporting arrests and convictions in Pennsylvania. Your employer may have their own policies for reporting this information.
Review your employer's policies as well. Be sure to abide by them properly. Failure to do so could jeopardize your current employment.
What NOT to Do After a DUI Arrest if You're a Pennsylvania Nurse
It's easy to make mistakes in the days and weeks following a DUI arrest. Anyone in these circumstances could understandably be afraid and might act rashly in an attempt to address their own concerns. Unfortunately, this puts them at risk of making the types of mistakes that could ultimately harm their case.
There are certain errors that need to be avoided right now. Examples of what NOT to do when you're a nurse who's been arrested for a DUI in Pennsylvania include:
- Ignoring the issue
- Hiring a criminal defense lawyer to handle the professional license defense side of your case
- Attempting to defend yourself
- Participating in interviews or otherwise sharing information with the Board without a lawyer present
- Posting about the case on social media
- Discussing the case socially
- Speaking with Board investigators but lying or omitting key pieces of information when doing so
While it's essential that you not ignore this matter in the hopes that it may simply “go away,” you should also keep in mind that you have a 30-day buffer between when you're arrested or convicted and when you have to report the matter to the Board.
This means you have time to review your case with legal professionals before contacting the Board about the issue. Strongly consider doing so. If you hire our LLF Law Firm Professional License Defense Team at the start of your case, there's less chance you'll be at risk of making mistakes that could negatively affect your case's outcome.
Potential Professional Consequences for a Nurse in a Pennsylvania DUI Case
Many factors can influence whether the Board disciplines a nurse who's been arrested for a DUI in Pennsylvania. Be aware, unlike in other states, where it's typically necessary for someone to be convicted before a nursing board will discipline them, the Board in Pennsylvania can discipline a nurse for an arrest even if it doesn't result in a conviction. The Board may not be likely to do so, but nurses who haven't been convicted of DUIs should be aware they're not necessarily safe from disciplinary action.
If the Board does elect to take disciplinary action, many factors can also influence the specific types of action the Board takes. For example, the Board may be more likely to discipline a nurse harshly if this isn't their first arrest or they were driving with a particularly high BAC.
The Board (as well as other licensing boards in the Commonwealth) publishes information about disciplinary actions it has taken against nurses online. Reviewing recent examples of how the Board disciplines nurses can help you better understand the actions the Board may consider in your case.
Potential disciplinary actions you may face as a nurse arrested for or convicted of a DUI include:
- Reprimand: A minor violation might result in a formal reprimand. Think of this as a warning. It typically allows a nurse to continue practicing nursing, but it indicates that future violations may be punished more harshly.
- Probation: In some cases, a nurse may be permitted to continue practicing medicine after a violation. However, they may need to do so while abiding by various conditions during a probationary period. For instance, they might need to agree to practice nursing under the supervision of others. Similarly, they might have to submit to random drug and alcohol testing during a probationary period.
- License suspension: The Board may suspend a nurse's license for a period of time if it determines allowing a nurse to continue practicing nursing in the immediate future poses an unreasonable risk to the public. Sometimes, a nurse can only get their license back after it's been suspended by waiting for the established timeframe to elapse. In other cases, a nurse might be able to satisfy the terms of a suspension by completing a substance abuse treatment program or similar program. The Board might present a nurse with such an option as a means of reducing the penalties they would otherwise face.
- License revocation: The Board may determine that a violation is egregious enough to warrant revoking a nurse's license entirely. Nurses who lose their license because of a violation of their state's nursing laws and regulations can usually get their license reinstated eventually. That said, the process of doing so is often laborious and complex. This type of significant disciplinary action in a nurse's history could also make it difficult for them to secure employment in the future.
We know you may be stressed when dwelling on the potential ways a DUI can limit your career as a nurse. At the LLF Law Firm Professional License Defense Team, our goal is to help you feel more confident about the outcome of your case by putting together a strong defense and presenting it on your behalf.
Mitigating Factors in a Pennsylvania Nurse DUI Case
Attorneys with the LLF Law Firm Professional License Defense Team can help in many ways when a nurse is facing potential disciplinary action after a DUI. One of those ways involves identifying and presenting mitigating factors that could give the Board a reason to consider relatively lenient penalties. Examples of such mitigating factors may include:
- This is a nurse's first violation
- A nurse otherwise having a strong performance record
- A nurse agreeing to participate in a substance abuse treatment program
- Letters from relevant parties (such as a nurse's supervisor)
Those are just a few examples. When working on your defense strategy, our team will consider what types of factors we can present to the Board to potentially negotiate for light disciplinary action.
Sometimes, the Board will present a nurse with options. A familiar one is the option to participate in a treatment program in lieu of harsher penalties. This program, known as the Voluntary Recovery Program (VRP) in Pennsylvania, is an alternative to traditional discipline that may be ideal for a nurse struggling with substance abuse issues.
You might not know the pros and cons of accepting such an offer. You don't have to. While a lawyer will never make this type of decision on your behalf, as our goal is to ensure you feel you have control over the outcome of your case whenever possible, our lawyers will gladly answer your questions about these offers.
The Board May Request Information About Your DUI
The Board may formally request that you provide more information about your DUI upon being notified of your arrest or conviction. For example, the Board might send you something through the mail asking you to provide more details of your case.
Review these requests carefully. You don't want to wind up in greater trouble with the Board by ignoring a request or failing to respond to it by the deadline.
However, in your eagerness to cooperate, you might share more information than you should. Or, you might include unnecessary details that could negatively influence the Board's final decision in your case.
This highlights the value of getting in touch with qualified professional licensed defense attorneys early when facing potential disciplinary action. We can review any requests the Board makes and help you respond to them properly. Allowing our team to handle this type of correspondence can significantly reduce your stress levels during what may otherwise be an overwhelming experience.
The Differences Between Criminal DUI Cases and Professional License Defense Cases in Pennsylvania
Cases in which a licensing board considers disciplining a nurse after a DUI differ from criminal DUI cases in many ways. Examples include:
- Prosecutors, police, and judges must all follow certain due process rules in criminal cases. Although licensing boards need to obey the law and must thus follow certain rules as well, they don't always follow the same due process rules.
- The evidence and factors the Board may consider when disciplining a nurse might not always be the same as what law enforcement and prosecutors will consider when handling a criminal case. The Board's goal is to ensure a nurse is able to safely treat patients. As such, it has a different set of priorities than the justice system.
- A criminal case that goes to trial gives a nurse the opportunity to defend themselves before a jury of their peers. This isn't an option in a professional license defense case.
In addition, the individual steps and stages of professional license investigation cases can vary substantially from those of criminal investigations. Someone who understands how a criminal case may proceed could nevertheless feel “lost” when navigating a professional license defense case.
You need representation from attorneys who understand the unique nature of your current circumstances. At the LLF Law Firm, our Professional License Defense Team offers the peace of mind that comes from knowing your attorneys have handled cases like yours before.
A Pennsylvania Professional License Defense Law Firm Can Help With Your Nurse DUI Case
You've devoted years of study and work in pursuit of the goal of becoming a nurse and helping others. Don't let a DUI arrest or conviction undo all that. If you're a Pennsylvania nurse facing license issues because of a DUI, our LLF Law Firm Professional License Defense Team can help. Get started today by calling us at 888-535-3686 or contacting us through our confidential online form.
