Arrests often take nurses by total surprise. An out-of-the-blue argument, unexpected traffic stop, blindsiding allegation, or other unanticipated occurrences can immediately lead to handcuffs, booking, and a suddenly uncertain future. As you get your bearings, it's vitally important to consider how you will protect your nursing career.
Yes, your criminal defense is critical. You'll have to decide whether a criminal defense lawyer is necessary. Protecting your nursing license—the formal permission to practice your passion and earn a living—is just as worthy of your attention and resources. Regardless of how any legal proceedings end, life will be significantly harder if you don't have an unrestricted nursing license.
License defense is our focus at the Lento Law Firm Professional License Defense Team. We have a soft spot for nurses, who sacrifice so much of their time, energy, and emotional bandwidth in service of others. Call the Lento Law Firm today at 888-535-3686 or contact us online to learn how we will be your guiding partners in the fight for your career.
The First Decision We Will Help You Make: Whether to Report Your Arrest to the Kentucky Board of Nursing (KBN)
Like nursing policies throughout much of the United States, Kentucky's policies do not provide specific instructions regarding:
- Whether a nurse has to report an arrest to the Kentucky Board of Nursing
- How, specifically, the nurse might report an arrest to the KBN
- Any risks or benefits that may arise from the nurse reporting an arrest (or not reporting an arrest)
- Whether the nurse could face direct or indirect consequences if they do not report an arrest
Instead of specificity, Kentucky statutes are ambiguous about how a nurse should proceed after an arrest. This means that your judgment is critical when it comes to reporting or not reporting your arrest. You're not alone in making such a vital judgment call, though, as the experienced attorneys at the Lento Law Firm will help you make the right decision for you.
Reporting an Arrest Could Actually Cause You Harm. Here's How.
It might occur to some nurses that reporting an arrest to the Kentucky Board of Nursing might be a good idea. They might think that the Board will:
- Provide the nurse with the presumption of innocence
- Refrain from engaging in any formal discipline until criminal proceedings play out (or are dismissed)
- Ultimately, make fair rulings and decisions
- Put stock in the nurse's previous record of upstanding conduct and stellar service—a record that so many hardworking nurses can boast of
There is no guarantee that the Kentucky Board of Nursing will adhere to these presumptions. Quite the contrary, the KBN could respond to a self-reported arrest from a nurse by:
- Instigating disciplinary proceedings almost immediately
- Treating the arrest as if it were a de facto finding of guilt
- Ultimately, ruling against the nurse
- Imposing discipline that is far harsher than the nurse's alleged actions warrant
The KBN might even defy the weight of the evidence, meaning it may sanction you even when the evidence suggests that you did not commit offenses you're accused of. The Lento Law Firm Team will help you decide whether to report an arrest, knowing that these potential risks could cause substantial harm to your career.
If You're Convicted, Reporting Requirements Become Far More Explicit.
Kentucky Revised Statutes § 314.109 explains that a nurse must report a conviction for a felony or misdemeanor offense:
- To the Kentucky Nursing Board in writing
- Within 90 days of the judgment being entered
- Including a copy of the judgment with an explanation of the circumstances
This mandate includes convictions in any jurisdiction inside or outside of Kentucky. For reporting purposes, Kentucky law includes:
- A guilty verdict
- A no-contest plea
- An Alford plea
- Entering a guilty plea
Whether a sentence is suspended, rebated, or probated, a nurse generally has to report the legal outcome to the Kentucky Board of Nursing.
We Can Help You Report a Conviction the Right Way
As you can see, the protocols for reporting a conviction to the KBN are specific. Time will not be on your side if you're in a position to report a conviction, and you may allow the Lento Law Firm to help you report a conviction because:
- We are deadline-conscious, which is critical because you might face additional sanctions for failing to report a criminal conviction before the deadline expires
- We prepare ahead of time, so we will have a plan for filing any necessary report to the KBN even before a conviction occurs (so long as you hire us in time to do so)
- You may be facing many other responsibilities, as a conviction can further complicate what is already a complicated time in your life—having us deal with the KBN may not only be helpful, but necessary, given your time constraints
We also want to prevent you from reporting the conviction in any way that could negatively affect you in any disciplinary proceedings with the Kentucky Board of Nursing.
Whether You Report an Arrest or Not, the Lento Law Firm Will Help You Make the Right Decision
The tangible services we provide our clients are inherently valuable. That said, the nurses we represent also value the less tangible aspects of our representation, including:
- Our risk-reward analyses: We can clearly delineate the risk and reward of any given decision or course of action. After an arrest, such an analysis can help you make correct, self-serving decisions.
- Our experience with the nurse disciplinary process: Many arrested nurses have never been through formal disciplinary proceedings. Our extensive history helping nurses overcome allegations of wrongdoing should be invaluable to your defense.
- Familiarity with specific nursing boards: It's one thing to read about the Kentucky Board of Nursing's disciplinary procedures, but another (far more beneficial) thing to have dealt with them firsthand.
- Our frank advice and guidance: When the viability of a nurse's career hangs in the balance, you need complete and honest information. Our clients hire us partly because they trust us to be honest, forthcoming, and fearless in our guidance and advice.
These ingredients, which come standard when you hire the Lento Law Firm Team, will enable you to make the soundest decisions after an arrest in Kentucky.
Many Arrests (and Even More Convictions) Are Public Knowledge. The KBN Could Find Out About Your Arrest Even If You Don't Report It.
Quick caveat: Even if you choose not to report your arrest to the KBN, the Board could still become aware of the arrest. Anyone aware of your arrest, from a fellow nurse to a law enforcement officer to your nosy neighbor, could file a complaint.
Should the KBN learn that you were arrested, whether due to your own reporting or other means, the possibility of disciplinary proceedings becomes imminent.
Nurse Discipline: How the Process Unfolds in Kentucky
Several Kentucky statutes outline the essential elements of the nurse discipline process, which include:
- Reporting of the potential code violation, which may come from a formal complaint or a tip to the KNB from an authority such as a local law enforcement agency
- Potential emergency measures, such as an immediate temporary suspension of the nurse's license in a case where the Board feels an “urgent need to protect the health and safety of the public”
- An investigation, during which an individual appointed by the Board gathers facts, evidence, and statements from concerned parties
- A potential Consent Decree or Agreed Order, with the former being designated for “non-intentional and minor” violations and the latter for other disciplinary matters
- A Formal Administrative Hearing, which generally occurs if the nurse does not reach a Consent Decree or Agreed Order
- An appeal to the Jefferson Circuit Court if the nurse does not accept the outcome of a hearing
Our Professional License Defense Team is keenly interested in rulings issued by nursing boards nationwide, including in Kentucky. We regularly deal with these boards, so it's in our interests (and our clients') to see how they rule. Often, we see nurses suffer substantial discipline for honest mistakes, and in some cases, even allegations of dubious veracity.
If you face the disciplinary process following an arrest, we will prepare you and provide critical assistance at every step.
What's at Stake If the KBN Sanctions You?
Should the KBN choose to pursue discipline in response to your arrest, potential punitive outcomes include:
- A warning
- A fine
- A formal reprimand (which may become part of a nationwide record, meaning we don't generally consider this a “minor” sanction)
- Probation (which could coincide with the restriction of your nursing abilities)
- Mandatory education or training
- Suspension of your right to practice
- Revocation of your license (which could be permanent)
Every nurse has unique circumstances, and therefore a unique concept of the “ideal outcome” in disciplinary proceedings.
A nurse who has been arrested wrongfully and has no prior disciplinary history may not accept any discipline of any kind. Conversely, a nurse who made a mistake and could be criminally convicted might seek an Agreed Order they view as lenient. Our team will aim for the outcome you believe is fair and just.
You Might Benefit from a Merciful Form of Discipline
Some nurses are arrested for reasons related to:
- Alcohol abuse
- Prescription drug abuse
- Illicit drug abuse
- Stress
- Burnout
- Personal difficulty
While the Kentucky Board of Nursing does not always consider these factors “valid excuses,” they are certainly relevant to any disciplinary case.
In a state that has seen its share of residents struggle with substance abuse, the Kentucky Alternative Recovery Effort (KARE) is a recovery option specifically for nurses. If this or any other alternative, compassionate form of “discipline” might be a good fit for you, we will lobby on your behalf.
What the Nursys Database Should Mean to You
The Nursys database is one more factor to consider when it comes to nurse discipline. This online portal contains information about nurses practicing in the vast majority of states.
Kentucky is a full participant in the Nursys database. Any discipline you receive will become part of the national record and be easily accessible by any licensing board or prospective employer inside or outside the state. We note this added consequence to emphasize the importance of bringing all hands on deck—or firms', specifically—to defend your license.
Why You Should Choose the Lento Law Firm to Defend Your License—and Why a Criminal Defense Lawyer Is Not Sufficient
Again, we give credence to the importance of your legal defense. Avoiding serious charges and convictions should undoubtedly be a priority. We simply want to emphasize that:
- Defending yourself from legal consequences is not mutually exclusive from defending your license
- A criminal defense attorney focuses on criminal defense and likely has little to no familiarity with the Kentucky Board of Nursing or its disciplinary proceedings
- For most nurses, their career is meaningful enough to hire a lawyer whose sole focus is defending their license
The Lento Law Firm Professional License Defense Team has years of experience helping nurses. Whether you have been arrested, charged, convicted, or are facing potential discipline independent of the legal system, we want to fight for you.
Our responsibilities will be specific to you. Our goal is always to help the nurse secure the most favorable outcome possible, which might be the total avoidance of discipline or a sanction that does minimal harm to their career.
Call the Lento Law Firm Today to Discuss What Fighting for Your Nursing Career Looks Like
Our team is always available to speak with nurses. Because the disciplinary process can be unpredictable and fast-moving, the best time to talk with us is now.
We help nurses in Lexington, Louisville, Bowling Green, Owensboro, and every other major city and small community throughout the state. Whether you work for a major medical provider like Norton Healthcare, UK HealthCare, or UofL Health, or a more modest provider, your career is valuable enough to fight for.
Call the Lento Law Firm today at 888-535-3686 or contact us online to learn more about how we help nurses arrested in Kentucky (and throughout the nation) protect the priceless asset that is their license.
