Nurses who practice in Arizona need to be aware of a what the Arizona State Board of Nursing expects of them when it comes to not only maintaining their license, but also their obligations if something happens outside of their work as a nurse that the BON believes could affect their license. For example, nurses are required to report certain convictions to the BON so that the BON can determine whether the conviction demonstrates that the nurse may have issues that could affect their ability to care for a patient.
In addition to convictions, Arizona's BON requires nurses to report some types of criminal charges, even if the nurse hasn't been convicted. Domestic violence charges are among those that need to be reported. If you are a licensed nurse in Arizona facing domestic violence charges or if you've received a restraining order based on domestic violence allegations, the Lento Law Firm's Professional License Defense Team is here to help. We can make sure you understand and meet any disclosure requirements that the Arizona BON expects you to meet and can help you defend against any disciplinary charges that may result from the disclosure. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced professional license defense attorneys to learn more about how we can help.
Domestic Violence in Arizona
Arizona has a broad definition of the term “domestic violence.” It applies to a number of different offenses if there is a certain type of relationship between the defendant and the victim. It's this relationship that is the key to defining when a particular crime becomes a crime of domestic violence.
The relationships between the defendant and victim that can result in a domestic violence charge include:
- The defendant and the victim are married or were formerly married
- The defendant and the victim live in the same household or formerly did so
- The defendant and the victim have a child in common
- Either the defendant or the victim is pregnant with the other person's child
- The victim is related to either the defendant or the defendant's spouse; this applies to parents, grandparents, children, grandchildren, and siblings of the defendant as well as to “in-laws” and step-family members
- The victim is a child who lives or formerly lived in the defendant's household and is related by blood to the defendant's former spouse or to someone who lives or lived in the same household as the defendant
- The defendant and the victim are or were in a romantic relationship
If the relationship test is met, then the focus is on the type of crime that the defendant is accused of having committed against the alleged victim. Crimes that can result in a domestic violence charge include Negligent homicide, manslaughter, second or first-degree murder, reckless endangerment, threatening or intimidation, assault, aggravated assault, sexual assault, unlawful disclosure of images depicting nudity of another person with the intent to harm the other person, criminal trespass, criminal damage to property, interference with judicial proceedings (particularly by disobeying a court order), certain types of disorderly conduct, certain types of cruelty to animals, intentionally preventing or interfering with another's use of a telephone in an emergency, use of electronic communication to harass, harassment, aggravated harassment, stalking, surreptitiously taking photos or videos of another, and child or vulnerable adult abuse.
While many of the crimes that can be charged as domestic violence crimes relate to actual physical violence inflicted on a victim, a number of them do not. If you've been arrested for any of these crimes, it's important to understand whether you are being charged for only the underlying crime or whether you are being charged with domestic violence based on the underlying crime. For purposes of your obligations to report to the Arizona BON, this could make a difference.
Orders of Protection in Domestic Violence Cases
Arizona's domestic violence law also includes a requirement that when the court releases the defendant from custody after the defendant has been arrested on a domestic violence charge, the court must include “pretrial release conditions that are necessary to provide for the protection of the alleged victim.” These conditions may have the same or a similar effect as the ones contained in a restraining order. In any case, as noted below, if you have been charged with domestic violence in Arizona, you have an obligation to report that to the Arizona BON – no matter what the pretrial release conditions are in your case.
In Arizona, a court order directing a defendant not to have contact with someone based on accusations of domestic violence is called an order of protection. In many other states, these are known as restraining orders. An Arizona court will issue an order of protection when one is requested by or on behalf of an alleged victim. There are specific requirements that must be met before a court will grant a petition for an order of protection. The petitioner must provide the court with certain types of information before the court will issue an order of protection, and the court may require a hearing before it will do so.
The court will issue an order of protection if it has “reasonable cause to believe” that:
- The defendant may commit an act of domestic violence
- The defendant has committed an act of domestic violence within the past year
It's important to note that a petition for an order of protection is not a criminal proceeding and comes with no criminal penalties if the order is issued. The order of protection can issue in cases where the defendant named in the order has not been charged with domestic violence.
Domestic Violence Charges, Orders of Protection, and Your Nursing License
It makes sense to be concerned about your nursing license if you've been charged with a domestic violence offense, as well as if an order of protection has been issued against you. It's important to know what your obligations are in terms of reporting these events to the Arizona State Board of Nursing.
Domestic Violence Charges
Arizona's Nurse Practice Act requires nurses to report to the BON any felony charges as well as any misdemeanor charges “involving conduct that may affect patient safety.” The report must be made within 10 working days of when the nurse was charged and must include the nurse's name, address, phone number, social security number, license number, the date of the charge, and the nature of the charged offense.
The Arizona State Board of Nursing has provided guidance on what kinds of charges it considers to be ones that must be reported to the Board within that ten working day period. The list includes “Assault and Related Offenses,” which the BON states includes domestic violence. This means that if you face a charge of domestic violence, even if it is one that is based on an allegation that is not related to any physical assault, you need to treat it as a charge that should be reported to the BON. The risk if you don't report it is that the BON will disagree with you, and will discipline you for failing to make the report in addition to any discipline it might impose as a result of the underlying charge.
Order of Protection
When an order of protection issues based on a petition filed by an alleged victim, however, this reporting obligation is not triggered. That's because, as noted above, the order of protection is not a criminal charge against the restrained person. That said, it is not unusual for orders of protection to be followed by a criminal investigation of the allegations made by the person requesting the petition. But unless and until you are charged with domestic violence or some other crime that must be reported to the BON, you generally will not have to report when an order of protection issues against you.
On the other hand, if you are charged with violating an order of protection, that charge is one that the BON specifically notes must be reported. That's because while an order of protection is not a criminal matter, a charge that you violated the order is.
That said, it is important that you are certain of what your reporting obligations are in any situation where you've been charged with a crime, as well as if an order of protection is issued against you. The Lento Law Firm's Professional License Defense Team can help you understand what Arizona law and the Arizona State Board of Nursing expect you to do in these kinds of situations in order to meet your obligations as a registered nurse in the state.
Reporting Domestic Violence Convictions to the Board of Nursing
Nurses who are convicted of any felony or of what are called “undesignated offenses” in Arizona are required to report the conviction to the BON within 10 days of the conviction. (Undesignated offenses are potential felony convictions that the court can reduce to the misdemeanor level if certain conditions are met.) This includes any felony or undesignated offense convictions for domestic violence.
If you fail to report a conviction that is required to be reported to the BON, the BON can discipline you for that failure, as well as for the underlying conduct. This results in you defending yourself against two separate misconduct counts instead of only one and can make it even more difficult to keep your nursing license.
The best way to defend yourself against disciplinary charges for domestic violence and to make sure you report what needs to be reported to the BON in a timely way is to work with one of the experienced Professional License Defense Team from the Lento Law Firm. Our attorneys understand Arizona's Nurse Practice Act and the related regulations and Board of Nursing procedures, and we will make sure you meet your reporting obligations while at the same time defending you against any disciplinary charges that may result.
The Arizona Board of Nursing Disciplinary Process
The Arizona State Board of Nursing will investigate complaints against nurses for failing to meet the standards expected by the state's Nurse Practice Act. The BON will also investigate when a nurse self-reports that they have been charged with one of the types of crimes that the nurse is required to report. Investigations typically will include an interview with the nurse whose license is at stake but can also include other interviews or a review of documents depending on the allegations.
Disciplinary procedures will follow Arizona's administrative hearings law, though in most cases, nursing disciplinary proceedings are resolved by an agreement between the BON and the nurse. Hearings will include witnesses and evidence produced by the BON against the nurse, and the nurse will have a chance to cross-examine witnesses and argue against the introduction of evidence. The nurse will also be able to introduce witnesses and evidence in their own defense.
If you are working with one of the experienced attorneys from the Lento Law Firm's Professional License Defense Team, it will increase the likelihood that your disciplinary case will be resolved through negotiation, with a better outcome than if you tried to defend yourself. Our attorneys have defended nurses facing misconduct allegations in nursing disciplinary proceedings all across the country, including in Arizona, and we know what it takes to mount a strong defense and negotiate a favorable result. We know how important your license is to you and how stressful a disciplinary investigation can be. We'll keep you informed of what's happening at each step, will be there for your questions, and will fight to help you keep your license and your reputation.
The Lento Law Firm's Professional License Team is Here to Help
When you're facing an allegation that you've committed domestic violence, your world can be turned upside down. People will tend to sympathize with your accuser, and it may feel as though everybody is against you. At the Lento Law Firm, our Professional License Defense Team understands how you feel, and we also know that there are often strong defenses to domestic violence allegations – ones that the Arizona Board of Nursing will take seriously if it is bringing disciplinary charges against you because you have been accused of committing domestic violence.
Our attorneys have years of experience defending nurses accused of misconduct in nursing disciplinary proceedings. We know that there are usually at least two sides to every story, and we are here to help you tell your side and protect your license and your future. Our attorneys will be here for you from day one – we will help you make sure you meet any reporting obligation that applies because of the charges you face, and will there for you every step of the way. We'll protect your rights and defend you against any misconduct allegations that the BON brings.
Call the Lento Law Firm's Professional License Defense Team today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced attorneys. Your Arizona nursing license important to you and your future – let us help you protect it!
