As with all states, Indiana requires nurses who are convicted of certain crimes to report those convictions to the state's Board of Nursing. Unlike some of those states, however, nurses licensed in Indiana are not required to report when they've been arrested – even if the arrest is for a crime such as domestic battery, one that could result in serious disciplinary action in the event they are convicted. Indiana similarly does not require nurses to report when a court issues a civil protection order (known in other states as restraining orders) against the nurse as the result of an allegation that the nurse has committed domestic violence.
Even though Indiana may be relatively lax when it comes to requiring nurses to report when they have been arrested relating to reporting arrests as well as civil protection orders, it is important to understand when you must report a conviction to the Board of Nursing. And once a conviction is reported, you will need the help of an experienced professional license defense attorney. The Lento Law Firm's Professional License Defense Team is ready to help protect your license if you're facing a Board of Nursing disciplinary proceeding in Indiana. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our attorneys.
Domestic Violence in Indiana
Indiana defines “Domestic or family violence” as including a number of different acts “committed by a family or household member.” These acts include:
- Attempting, threatening, or causing physical harm to a family or household member
- Putting a family or household member in fear of physical harm
- Sexually assaulting a family or household member
- Abusing a “vertebrate animal” (such as a family pet) with the intent to “threaten, intimidate, coerce, harass, or terrorize a family or household member”
The crime of domestic battery applies when “a person” does either of the following:
- “touches a family or household member in a rude, insolent, or angry manner.”
- In a similar manner, “places any bodily fluid or waste on a family or household member.”
Domestic battery can be charged as a Class A misdemeanor or any one of a number of felonies depending on the type of act committed, the defendant's prior record, the age of the victim, the harm caused to the victim, and other factors.
Indiana has a detailed definition of who is included in the definition of “family or household member” used in its domestic violence statutes. Family or household members include:
- Current or former spouses
- Those who the defendant is or was in a dating relationship with
- Anyone who the defendant is or was in a sexual relationship with
- Blood relatives
- Adopted relatives
- Those related by marriage
- Anyone with whom there is or was an “established legal relationship”
- Those who are connected because of a Guardian-Ward, custodial, or foster parent relationship
It's important to have an understanding of what your obligations are under Indiana law to report any conviction, including one for domestic battery or similar crime, to the Indiana State Board of Nursing. The Lento Law Firm's Professional License Defense Team can help you understand what you're required to report, when you're required to report it, and what the consequences are likely to be as a result of the report. We can also protect your rights in all of your dealings with the BON and defend you in any disciplinary proceedings that may follow.
Civil Protection Orders in Domestic Violence Cases
Indiana law provides a way for individuals who are affected by domestic violence to ask a court for an order of protection – called a “Civil Protection Order” in Indiana – directing the person named in the order to, essentially, stay away from the person who requested it and not to harass that person or their family. Civil Protection Order proceedings are not criminal cases. If a Civil Protection Order is issued against you, it does not mean that you have been charged with a crime.
That said, a petition for a Civil Protection Order may be a preliminary step prompting law enforcement authorities investigating you for a criminal act. However, being served with a Civil Protection Order is not something that must be reported to the BON.
Civil Protection Orders are available to someone who “is or has been the victim of domestic or family violence.” They can be issued against a “family or household member” who commits “an act of domestic or family violence,” as well as against someone who has committed the crime of stalking or a sex offense against the person requesting the order.
It's important to note that the burden of proof required to show that someone has committed domestic or family violence for purposes of a Civil Protection Order is lower than the burden of proof required to convict someone for a domestic violence crime such as domestic battery. Where the defendant is accused of a crime, they must be found guilty beyond a reasonable doubt. Where a Civil Protection Order is requested, the court must only find that a “preponderance of the evidence” supports the allegations – in other words, that it is more likely than not that the person named in the petition for the order committed domestic violence.
Domestic Violence Charges, Civil Protection Orders, and Your Nursing License
When it comes to your obligation to report domestic violence allegations – including criminal charges – made against you to the Indiana State Board of Nursing, the state regulations that apply to licensed professions in Indiana – including Nursing – state that the BON may not “consider an arrest that does not result in a conviction” as a reason to disqualify anyone from holding a nursing license. In addition, the BON has not imposed a rule that would require nurses to report allegations (including domestic violence charges) to the board.
This applies as well to Civil Protection Orders. In addition, because the standard for granting a petition for a Civil Protection Order is lower than that required to convict someone of a criminal domestic violence offense, the fact that a Civil Protection Order was issued against a nurse does not mean that the nurse has been found guilty of a domestic violence crime.
Reporting Domestic Violence Convictions to the Board of Nursing
Indiana law requires each licensing body, including the Indiana State Board of Nursing, to designate what types of crimes qualify as what are called “convictions of concern” – meaning that the licensing body considers them to be “directly related to the duties and responsibilities of the occupation or profession” for which the person holds a license.
The Indiana State Board of Nursing lists more than 250 crimes where a conviction qualifies as a “conviction of concern.” Among these are both Domestic Battery and Domestic Violence, Animal Cruelty, as well as a number of other crimes that can relate to domestic violence, such as Harassment, various sex crimes, and a number of violent crimes.
That said, a nurse's obligation to notify the BON of a conviction is broader than that. A nurse who is convicted of or pleads guilty to “any misdemeanor or felony conviction” (except for traffic misdemeanors that are not for driving under the influence) must notify the BON within 90 days after the order or judgment is entered.
The notification must include a certified copy of the order or judgment as well as a “letter of explanation.” This is where working with one of the experienced attorneys from the Lento Law Firm's Professional License Defense Team can be extremely helpful. We understand the issues that the BON will consider important when deciding what action to take as a result of your conviction. We'll use our knowledge and background, together with the facts of your case, to provide the BON with the information it needs in your letter of explanation to treat your case fairly and as leniently as possible.
It's also extremely important to understand that if you fail to notify the BON of a misdemeanor or felony conviction, you can face BON discipline for failing to do so, even if the underlying conviction is not one that would affect your license. While there are some convictions that Indiana law requires the BON to suspend or revoke your license for – mainly serious drug-related ones – in other cases, the BON has the discretion to evaluate your case and determine what, if any, discipline to impose. Failing to report a conviction in these kinds of cases will not help your cause when attempting to keep your license active or reducing the length of a suspension.
The best way to protect your nursing license and your future is to contact the Lento Law Firm's Professional License Defense Team if you are convicted of any misdemeanor or felony in Indiana. We will evaluate your case, prepare any notification that is required along with a detailed letter of explanation, and make sure it is submitted to the BON on time. From there, we will be your advocate, protecting your rights in all of your dealings with the BON and defending you in any disciplinary proceedings that may happen.
The Indiana State Board of Nursing Disciplinary Process
There is a process that the Indiana State Board of Nursing uses to investigation allegations of unprofessional conduct against nurses. These allegations can come from complaints filed against the nurse, or as a result of the nurse self-reporting a criminal conviction. Investigations can take some time, depending on the underlying facts and the allegations made against the nurse.
In any type of disciplinary case, you can assume that you will be interviewed by a BON investigator at some point. This interview can be pivotal in determining what, if any, discipline the BON decides to impose on you. When you work with one of the experienced attorneys from the Lento Law Firm's Professional License Defense Team, we can prepare you for your interview so that you know what to expect and become more comfortable with the unfamiliar situation of being interviewed when your license is at stake. We can also be by your side when it happens to help make sure that the questions you're asked are clear, understandable, and fair.
When the investigation is complete, the BON will consider the results and can either decide not to take any action against you or file formal charges and propose a specific form of discipline against you. If formal charges are filed, your attorney can discuss them with you and with the BON and attempt to reach an agreement on what, if any, discipline should be imposed in your case. Most BON disciplinary cases end with a consent agreement, but it's important to consider the terms of any consent agreement carefully before signing. Our attorneys will make sure you understand the pros and cons of any consent agreement proposed by the BON.
Cases that don't resolve themselves with consent agreements typically go to a hearing. The Lento Law Firm's Professional License Defense Team has experience with these hearings, where the BON will produce witnesses and other evidence against you. We'll vigorously defend you and your rights at the hearing and can present any helpful testimony and evidence on your behalf.
The Lento Law Firm Can Help If You Face Domestic Violence Allegations in Indiana
If you are a nurse, who has been accused of domestic violence, whether by someone who has sought an order of protection against you or by law enforcement charging you with a crime of domestic violence, you need the help of an experienced professional license defense attorney to understand what you need to do to protect your license. Even if you are not required to report the charges made against you immediately, that could change depending on the facts of your case.
When you work with the Lento Law Firm's Professional License Defense Team, you won't have to wonder whether you're doing the right thing. Our attorneys understand what the Indiana State Board of Nursing requirements are with respect to reporting criminal charges and convictions, and we will make sure you file the reports that are necessary, along with a detailed letter of explanation that advocates for a fair and reasonable response by the BON. Our attorneys regularly defend nurses accused of misconduct in Indiana as well as across the rest of the country, and we can help remove much of the uncertainty and stress that comes from being under disciplinary scrutiny.
If you've been accused or convicted of any domestic violence-related crime in Indiana, 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 license is key to your livelihood and your future; let us help you protect it.
