No professional is impervious to arrest. Even a nurse with a pristine, 30-year professional record—and a personal life that's just as clean—might be arrested based on a one-time mistake, misunderstanding, or baseless accusation. Arrest is simply a possibility every healthcare provider should be prepared for, but most often are not.
If you have been arrested for an offense related or unrelated to your nursing career, speaking with an attorney from our Professional License Defense Team is a logical response. Any criminal proceedings you might face are obviously important, but they're independent of any professional sanctions that might follow the arrest.
License defense is our forte, and we have helped many nurses in Colorado and nationwide when facing potential or definite disciplinary proceedings. While it's not guaranteed that a mere arrest will trigger disciplinary action from the Colorado Board of Nursing (BON), proceeding as if a BON investigation is possible is wise.
Proactively protect yourself from rights violations and harmful sanctions by calling the Lento Law Firm today at 888-535-3686 or contacting us online.
How Nurses Should Respond to Being Arrested, from a Professional Standpoint
Before we dive into specific statutes and rules for nurses who have been arrested, we want to share some quick, uniform advice for what to do—and what not to do—post-arrest:
- Retain the Lento Law Firm Professional License Defense Team: Most nurses do not spend their precious downtime brushing up on legal statutes or pondering what they should do in the event of an arrest.
- Do not report your arrest to the Board of Nursing (or any other formal body) until you have spoken with us: Reporting an arrest you're not required to report may expose you to an avalanche of problems you did not need to face. Time is of the essence, as nurses can be sanctioned for not alerting the Board to felony convictions or other developments promptly. This only means you should contact our team as soon as possible (rather than reporting anything to the Board on your own).
- Do not speak with your employer about the arrest until you've heard our advice: It's generally smart not to discuss an arrest, or any other professional challenges, unless you absolutely have to. No matter how friendly you may be with your employer or co-workers, we encourage you to get our advice and perspective before discussing the arrest with anyone besides your most trusted loved ones.
As a general rule, Colorado's nurse-specific statutes grant you the presumption of innocence. While it is mandatory to report certain convictions, you do not typically have to tell the Board you have merely been arrested. That being said, it's wise to prepare yourself as if a conviction or guilty plea could come, as this will ensure you're not caught off guard if such outcomes happen.
The Colorado Board of Nursing Establishes the Rules for Reporting Arrests and Convictions. This Will Be the Board We Deal with During Your Defense.
Colo. Rev. Stat. § 12-255-101 details extensive regulations, rules, and procedures governing nurse s in Colorado. This comprehensive document is dense, but for now, you just need to know that:
- This statute grants the Colorado Board of Nursing, essentially, unilateral discretion to determine if a nurse can practice in the state
- Among the “Powers and duties” this statute bestows upon the Board is the power to “suspend, revoke, or deny a certification to practice”
- Aside from the appeals process, these statutes are generally viewed as the arbiter of your rights as a nurse, rights that will become the focus of much scrutiny if you're arrested
We just want to establish that the Colorado Board of Nursing is a body mandated by law to take punitive action against nurses. You probably know this, but it bears repeating as we determine how to help you avoid career- and life-altering sanctions from that very Board.
Colorado's Michael Skolnik Medical Transparency Act Mandates That Nurses Report Certain Events, Including Certain Criminal Convictions
The Michael Skolnik Medical Transparency Act of 2010 is among Colorado's legislation clarifying exactly what information medical providers must disclose when taking virtually any formal license-related action, from seeking a license or registration to renewing or reinstating their license to practice.
This Act requires nurses to report:
- “Public disciplinary action taken against the applicant” by any licensing agency in any other state or country
- Any agreement the nurse entered into with a licensing agency, if that agreement included the restriction or suspension of the nurse's practice
- Any termination by an employer because the nurse was found to have violated the laws of the nursing practice
- “Any involuntary surrender of the applicant's federal drug enforcement administration registration”
If you have faced disciplinary action, voluntary surrender of your right to engage in nursing without restriction, or termination because of an alleged violation of a state's respective Nurse Practice Act, there's a good chance you have to report it.
Since we are talking about nurses who are arrested, let's talk about what, exactly, the Skolnik Medical Transparency Act says about reporting an arrest to the Colorado Board of Nursing.
What Do Colorado Statutes Say About Reporting an Arrest?
We are talking about arrests, but when you search the Skolnik Medical Transparency Act for the term “arrest,” nothing comes up. Instead, the statute speaks only of conviction. The Skolnik Medical Transparency Act mandates that nurses report a conviction for:
- A conviction or plea agreement related to a felony offense: If you are deemed guilty of a felony offense, you need to report this to the Board. Crimes in disparate categories, from sexual offenses to fraud, can rise to the felony level.
- A conviction or plea agreement related to a “crime of moral turpitude”: Offenses that involve fraud, sexual wrongdoing, physical violence, and illicit drugs are among those that might qualify as a crime of moral turpitude. This concept can be difficult to understand, and the Lento Law Firm will definitively explain whether you need to report any offense you've been convicted of.
The Act specifies that any conviction of this sort in any jurisdiction requires reporting. However, the Act also states that this rule applies to any convictions that came after you initially received your nursing license, so you might not have to report a conviction that happened years ago.
Do not take this information to mean you should go ahead and contact the Board of Nursing to report a conviction. Use this information as a prompt to call the Lento Law Firm Team, as there are nuances and specific procedures to be aware of. Our personalized guidance will prevent you from taking any action that could do more harm than good.
Do Colorado Statutes Treat Arrests (and Convictions) for Nursing-Related Offenses Differently Than Non-Nursing Offenses?
As we discussed, you are not generally required to report an arrest for any offense to the Colorado Board of Nursing. However, you do have to report certain convictions, regardless of whether those convictions are directly related to the practice of nursing. This means that, for reporting purposes, there would be no distinction between:
- A felony assault conviction for striking a co-worker and a felony assault conviction for striking someone during a road rage incident
- A felony aggravated robbery conviction for stealing medication from a medical facility, and a felony aggravated robbery conviction
- A conviction for fraud (a potential offense of moral turpitude, in the Board's eyes) in obtaining one's nursing license and a conviction for fraud in writing bad checks at a local Target
We are obviously not indicating that you would commit such acts. We only want to emphasize that, whether or not an alleged offense you are convicted for (or plead guilty to) had anything to do with your nursing career, you likely need to report it to the Colorado Board of Nursing.
What Colorado's Ambiguity About Reporting Arrests Means for You
The lack of specificity in Colorado statutes about nurses having to report (or not having to report) arrests means:
- In one sense, you may have caught a break: While we want to evaluate your unique personal circumstances before saying for certain, the odds are that you do not have to report your arrest. In other words, if you're careful, you might be able to avoid a formal investigation (and potential discipline) from the Board of Nursing.
- However, you must tread lightly when it comes to discussing your arrest: If the Board of Nursing is unaware of your arrest, you should aim to keep it that way. Posing about the arrest on social media, discussing the arrest with co-workers or bosses, and drawing attention to your detention in other ways could catch the Board's eye and lead to an otherwise avoidable investigation.
- Your judgment becomes paramount, and having a lawyer on your side could make the difference in whether you face professional discipline: Good judgment becomes a priceless resource whenever you're in a legal gray area. While you do not want to expose yourself to unnecessary disciplinary proceedings, circumstances could quickly change in a way that requires you to notify the Board of legal developments. An attorney from our Professional License Defense Team will help you make sound decisions to promote continued professional success and stability.
While Colorado statutes are sparse in discussing what a nurse should do in response to an arrest, it is clearer about convictions. Therefore, you should be prepared for the possibility of a conviction or a guilty verdict,
If Convicted After Being Arrested (or the Board Catches Wind of an Arrest), the Disciplinary Process Likely Awaits
Remember that the Colorado Board of Nursing's disciplinary proceedings stand independent of the criminal justice system. If the Board discovers your arrest or you are eventually convicted of a felony or crime of moral turpitude, you may be staring down the Board's disciplinary funnel.
Whenever a nurse is arrested, we prepare them for the disciplinary process, even if it does not ultimately take place. Our clients are never caught off guard by:
- Investigations: We will prepare you for any potential investigation and accompany you to any investigative meetings we're permitted to attend.
- Hearings: Hearings become all the more complicated if you are simultaneously dealing with legal proceedings. Our attorneys take the lead for clients and ensure they do nothing that could compromise their license or their criminal defense.
- Appeals: Appeals must often be submitted in a matter of days after a ruling, and our attorneys waste no time in drafting and submitting them.
Colo. Rev. Stat. § 12-255-120 explicitly states that a nurse who “Has been convicted of a felony” or fails to report a criminal conviction to the Board within 30 days of the conviction is subject to professional discipline. These are just two of many potential violations the Board might cite on its way to reprimanding you, suspending your license, placing you on probation, or even revoking your license.
Our Professional License Defense Team has guided many nurses through high-stakes disciplinary proceedings. We have also helped nurses avoid disciplinary proceedings entirely by being cautious and strategic in the wake of an arrest, and we may be able to do the same in your case.
The Lento Law Firm Helps Nurses Out of Perilous Circumstances, Including Arrest-Related Professional Discipline. Call Us Today.
Remember that failing to report a conviction you're required to report can trigger severe sanctions on your license. The Board could enact its own disciplinary proceedings regardless of the status of a legal case. Merely assuming that your arrest will amount to nothing is risky—take action now in your defense, rather than waiting for legal proceedings to unfold.
We will provide you with comprehensive license defense services. From determining if an offense you've been charged with could qualify as a “crime of moral turpitude” to dealing with the Board on your behalf (so as not to trigger an avoidable investigation) and accompanying you through any eventual disciplinary process, our service will be invaluable regardless of what comes of the arrest.
Call the Lento Law Firm today at 888-535-3686 or contact us online to take the next steps in defending your valuable nursing career.
