Licensed nurses practicing in Hawaii are already aware of the many requirements that must be met before the state’s Board of Nursing will issue a license. Years of specialized education and practical experience, a passing grade on the NCLEX, and meeting the state’s background check requirements all add up to years of time and a lot of money spent earning the right to work as a licensed nurse in the state. If you are a licensed nurse who has been charged with domestic abuse or who has had a protective order issued against you as a result of domestic abuse allegations, you may wonder whether you must notify the BON about your situation.
Generally speaking, the answer is no. Hawaii’s Board of Nursing does not require nurses who have been charged with crimes, including domestic abuse crimes, to report those charges. It also does not require nurses who are the focus of an order of protection to report that to the BON either. The situation can change quickly; however, if you are convicted, though not all criminal convictions need to be reported to the BON in Hawaii. If you have questions about your situation and want to make sure you are doing everything you can to protect your nursing license, call the LLF National Law Firm’s Professional License Defense Team at 888.535.3686, or fill out our online contact form and we will reach out to you to schedule a confidential consultation to discuss your case.
Domestic Abuse Crime in Hawaii
Hawaii has a law that makes abuse of family or household members a crime. It doesn’t take the place of other crimes that might be charged based on the type of abuse that allegedly occurred, but it does trigger certain remedies that are not always available in other cases.
The “Abuse of family or household members” law applies in situations where a defendant is accused of physically abusing a family or household member, or of disobeying a police officer who is investigating an abuse claim.
A “family or household member” is defined to include:
- Spouses or couples who are “reciprocal beneficiaries” (a form of legal relationship similar to a civil union)
- Former spouses or former reciprocal beneficiaries
- Those in a dating relationship, meaning “a romantic, courtship, or engagement relationship” but not a “casual acquaintanceship or ordinary fraternization”
- Persons who have a child in common
- Parents
- Children
- “Blood” relatives
- Those “jointly” or “formerly” living “in the same dwelling unit”
There is an exception to this: family or household members do not include adults who are or were “roommates or cohabitants” for economic reasons.
Penalties for abuse of a family or household member vary depending on whether it is the defendant’s first or subsequent offense, and on whether the defendant knowingly struck, shoved, kicked, or touched a family or household member in an “offensive manner.” They start with a 48-hour jail sentence for a first offense of refusing to follow a police officer’s order – a penalty that can increase to a 30-day jail sentence for a second offense within one year of the first. In cases where the defendant is convicted of physically striking or abusing the family or household member, the defendant can be sentenced to up to 30 days in prison and fined up to $1000.
Whether a domestic abuse conviction will result in the BON disciplining a nurse can depend on the circumstances of the criminal case. The BON has the right to discipline nurses who are convicted of a crime that is “substantially related to the qualifications, functions, or duties of a nurse.” Whether the circumstances of any particular criminal case meet this standard is something that the BON must decide. However, because a nurse in Hawaii must undergo a criminal background check each time they renew their nursing license, if you have been convicted of a crime during the past two-year period, you can assume that the BON will know about your conviction.
This is why, even if you are not required to report criminal charges to the BON, if you are convicted or if your case results in a so-called “no contest” plea or other kind of disposition that is anything other than a complete dismissal, you may need help deciding whether you should report the conviction to the BON even before you renew your license. Doing so may make sense depending on your case; at a minimum, it can allow you to anticipate the questions that the BON might have because of your conviction, and allow you to provide the BON with information that it may find helpful when deciding whether your conviction should result in a disciplinary investigation or misconduct charges.
The other thing you need to keep in mind is that the actions you take in your criminal case may have a bearing on your license. Your criminal attorney needs to be aware of the effect that a criminal conviction at any level can have on your license. If you are working with one of the experienced attorneys from the LLF National Law Firm’s Professional License Defense Team, we will make sure we coordinate with your criminal attorney and will provide them with the input they need to help you resolve your criminal case in as favorable a way for you – and your nursing license – as possible.
Whether you self-report your conviction to the BON before you renew your nursing license, or do so as part of the renewal process, its’ very possible that the BON will open an investigation into your conviction. It typically does so through Hawaii’s Regulated Industries Complaints Office (also known as “RICO”), which provides investigation services for a number of licensed professions – including nursing – in Hawaii.
When that happens, you will be notified and will probably be interviewed by the RICO investigator. The LLF National Law Firm’s Professional License Defense Team can help prepare you for that interview, so that you know what kinds of questions to expect and can get used to the uncomfortable situation of being the focus of a misconduct investigation. Your attorney can also be with you during the interview, making sure that you understand the questions that the RICO investigator is asking and that those questions are clear and fair.
When you have the help of one of the experienced attorneys from the LLF National Law Firm’s Professional License Defense Team, you stand the best chance of emerging from the BON’s investigation and disciplinary process with your license intact.
Protective Orders in Hawaii
There are two levels of protective orders that can be issued in Hawaii in response to a petition from a family or household member. One is a temporary restraining order. This is issued without a hearing to a family or household member who alleges they have been abused by the person targeted by the order and may be abused in the future if the order does not issue. At some point, typically within 6 months, the court must hold a hearing to decide whether to continue the temporary restraining order in the form of a protective order.
Both temporary restraining orders and protective orders are civil matters, decided by a Family Court judge. They are not criminal in nature, and there is no requirement that a licensed nurse report to the BON if either type of order is issued against them.
That said, the most important thing you can do if a temporary restraining order or protective order is issued against you is to have a full understanding of what the order requires you to do and what it prohibits you from doing. Violating either type of order can result in you being held in contempt of court and ordered to serve up to 48 hours in jail and pay a fine of up to $500.
One reason to make sure you understand the order that has been issued against you is that protective orders can quite literally turn your life upside down. You will likely be prohibited from contacting the person who requested the order. If you live with that person, you will be required to move out. The order may also apply to children and pets living with the person who requested the order. If the petition asking for the order is filed as part of a divorce proceeding, it may also deal with child custody issues. Understanding what you are and aren’t allowed to do is important to making sure you don’t end up being charged with violating it.
The other thing you need to understand about protective orders is that they can change. As your circumstances or the circumstances of the person who requested the order change may necessitate it, it may be necessary to modify the protective order. It’s important that if you want to make any changes to the protective order, you ask the court to do so, even if the person who petitioned the court for the protective order agrees with the changes. That’s because even though the order was requested by the petitioner and applies to you, it’s the judge’s order. The judge is the only one who can modify it. If you simply act as though it’s been changed when it hasn’t, you risk being charged with violating the order.
Abuse Allegations, Protective Orders, and Your Nursing License
While Hawaii’s Board of Nursing may not require you to notify it when you’ve been charged with a crime, including domestic abuse, or if a protective order has been issued against you, there is nothing to stop anybody from filing a complaint against you with the BON. Complaints can be filed for any reason, even if they have nothing to do with your work as a nurse. Whether the BON or RICO decides to move forward with an investigation or disciplinary proceeding after a complaint has been filed is entirely up to them.
Hawaii’s Department of Commerce and Consumer Affairs maintains a “complaint filings portal” where anyone can file a complaint against a nurse online or can download the complaint form and submit it by mail. Once a complaint is filed, it will be reviewed to determine whether it alleges a violation of the state’s nurse licensing laws. If it appears to, the case may be referred to a RICO field investigator, who will very likely contact you and other potential witnesses to gather facts about the matters raised in the complaint.
As noted above, if you are interviewed by a RICO investigator, your attorney from the LLF National Law Firm’s Professional License Defense Team can help you prepare for that interview. Most of us are not familiar with being interviewed by someone who is investigating misconduct allegations made against us. Knowing in advance the kinds of questions you can expect and understanding how to provide clear and accurate responses can make the entire process less stressful and more effective. In addition, your attorney can be present during the interview to help make sure the questions you’re asked are fair and that you understand what you’ve been asked before you answer.
The LLF National Law Firm Can Help Protect Your Nursing License in Hawaii
If you are facing criminal charges in Hawaii – whether for domestic abuse or any other crime – or if a court has issued a protective order against you, you probably have a lot of questions about how either situation may affect your future and, in particular, your nursing license. Having someone you can turn to with the answers to those questions can be extremely helpful and can reduce the amount of stress and uncertainty you’re feeling significantly.
The experienced attorneys from the LLF National Law Firm’s Professional License Defense Team understand Hawaii’s nursing laws, rules, and procedures. We know what you are required to do when it comes to reporting criminal allegations and convictions, and we can help you make sure you comply with your obligations. What’s more, we can be your point of contact with the BON; prepare any disclosure you may be required to make so that it provides the BON with much of the information it’s going to need to decide how to resolve your case; and protect your rights throughout the entire process.
Our attorneys will also communicate with your criminal attorney if you’ve been charged with a crime, so that your lawyer understands the impact that various ways of resolving your criminal case might have on your nursing license. This can prevent you from inadvertently making a decision in your criminal case that could jeopardize your nursing license.
If you are a licensed nurse in Hawaii facing criminal charges or are the target of a protective order, contact the LLF National Law Firm’s Professional License Defense Team today at 888.535.3686 or by filling out our website contact form. We will discuss your case with you and let you know how we can help you preserve your nursing license and your future as a nurse working in Hawaii.