If you are a licensed nurse working in Oregon, you're familiar with what's required to earn and keep your license. You need years of specialized education and training; passing test scores, continuing education credits, and the ability to provide the quality care that the Oregon State Board of Nursing expects of its licensed nurses. It's also important to understand what you need to report to the OSBN and when.
If you've been charged with a crime of domestic violence or abuse, or if a restraining order has been issued against you because of allegations of domestic abuse, you may wonder whether you need to disclose that to the OSBN. Generally speaking, when it comes to any criminal charges – including those related to domestic violence or abuse – you do need to disclose them to the OSBN, at least when it comes time to renew your nursing license. A restraining or protective order by itself, on the other hand, generally doesn't need to be disclosed. The Lento Law Firm's Professional License Defense Team can help you understand and meet your reporting obligation when it comes to your Oregon nursing license. Call us today at 888.535.3686 or complete our online contact form, and we'll schedule a confidential consultation so you can tell us more about your situation and we can tell you how we can help.
Domestic Abuse Crime in Oregon
Oregon defines “domestic violence” in its criminal statutes as “abuse between family or household members.”
“Abuse” also has a definition. It includes:
- to cause physical injury
- knowingly, or recklessly causing physical injury
- someone “in fear of imminent serious physical injury” – intentionally, knowingly, or recklessly
- a crime of sexual abuse, whether in the first, second, or third degree.
“Family or household members” include:
- and former spouses
- related by “blood or marriage”
- living with each other
- who have lived with each other
- who have been involved with each other in a “sexually intimate relationship.”
- parents of a minor child”
When a crime is determined to be a crime that constitutes domestic violence, it triggers an additional set of procedures when it comes to determining whether to release the defendant and, if so, on what terms. In cases where prosecutors allege the defendant committed a crime involving domestic violence, the court is required to enter an order prohibiting the defendant from contacting or attempting to contact the victim, both while the defendant is in custody and after.
As far as criminal charges are concerned, including charges that are related to a crime of domestic violence, the OSBN's position is clear. When it is time to renew your license, you will be asked if you have been arrested, cited, or charged with any crime during your current license period. You will need to disclose any arrests – even ones that did not result in any charges and even cases where charges were eventually dropped.
When you do so, you should also provide the OSBN with a detailed description of the circumstances behind the arrest or charges – including dates, times, where the incident took place, what happened, and how it was resolved (if it has been resolved) or what its status is when you disclose it. The OSBN may ask for court records, so it may also make sense to provide those with your disclosure.
Note that the OSBN will conduct a criminal background check when you renew your nursing license. If you fail to disclose arrests, pending charges, or convictions during the renewal process, the OSBN may learn of them through the background check. In that case, you will be in the difficult position of explaining why you failed to disclose the information. You may even face a separate disciplinary proceeding as a result.
You can also “self-report” arrests, charges, and convictions to the OSBN even before your license is up for renewal. This may be viewed favorably by the OSBN versus waiting to disclose it when you renew or, of course, failing to disclose it at all.
This is where it can be enormously helpful to have an experienced member of the Lento Law Firm's Professional License Defense Team by your side. How you disclose your arrest or the charges you're facing can make a big difference in how the OSBN decides to react to that disclosure. In many cases, your attorney can anticipate the OSBN's concerns and can address them in the disclosure statement. That can sometimes make the difference between the OSBN deciding to open an investigation into your situation, and deciding that no investigation or further action is necessary.
In cases where the OSBN does open an investigation, you need effective and experienced representation to protect your rights. With the help of the Lento Law Firm Professional License Defense Team member, you will understand what's happening with the investigation, what to expect when the investigator interviews you, and how to properly listen and respond to the investigator's questions. Your attorney can even be with you when you're interviewed to add a layer of protection and to make sure that you only answer fair questions that you understand.
If the OSBN decides to bring disciplinary charges against you because of your arrest or charges that you face, your attorney will be there to fight for your rights and to defend you against the misconduct allegations. And because most disciplinary matters are resolved with an agreement between the nurse and the OSBN, you will need someone at your side who understands how to negotiate with the OSBN to achieve a favorable outcome – one that has the least effect on your license and your ability to practice nursing in Oregon.
All of this information about reporting arrests and charges also applies if you have been convicted of a crime. You need to report it when you renew your nursing license, and the OSBN will review the disclosure you make and decide whether to conduct an investigation to determine whether to bring disciplinary charges against you. Because the OSBN considers arrests, charges, and convictions on a case-by-case basis, how you present your situation to the OSBN can make a difference in how your case is resolved. Here, too, working with an experienced attorney from the Lento Law Firm's Professional License Defense Team can help.
Restraining Orders in Oregon
When it comes to restraining or protective orders (also called Family Abuse Prevention Act or FAPA orders), things are different. Restraining orders are civil matters in Oregon, and you do not need to disclose to the OSBN if such an order has been issued against you. There is a specific procedure that applies to securing a restraining order, and only certain petitioners are eligible to do so.
A petitioner for a restraining order must be someone who alleges under oath that they have been the victim of domestic abuse within the previous 180 days. They must also allege that they are in “imminent danger of further abuse” from the person named in the petition. They must prove their claim by a preponderance of the evidence – or, as it has been described, a “more likely than not” standard. This is a civil court standard, one that is significantly lower than the “beyond a reasonable doubt” standard required to convict a defendant of a crime.
Restraining orders can be issued immediately, without a hearing, provided that the respondent (the person against whom the restraining order is directed) has the opportunity to ask for a hearing, in which case the court will generally hold one within 21 days of when the respondent asks for it. Alternatively, if the petitioner and the respondent come to an agreement, the court can approve a restraining order “on consent” without a hearing – which can be helpful both to avoid the expense and uncertainty of a hearing and to avoid having the court make rulings about whether abuse occurred or was in danger of occurring.
That said, having a restraining order issued against you can be very stressful. It can change your life significantly, and you need to have a complete and detailed understanding of what the order requires you to do as well as what it prevents you from doing. Restraining orders can be very broad and can:
- you from having any contact with the petitioner as well as children living with the petitioner
- you to move from your home if you have been sharing it with the petitioner, even if you and the petitioner own or rent it together
- you to stay away from a specified area around the petitioner's home
- you not to intimidate or bother any child living with the petitioner
- you to provide support for the “safety and welfare” of the petitioner and any child who lives with the petitioner
- you to attend and complete a “program of intervention for perpetrators” and other counseling
You need to be careful to follow the terms of a restraining order. If you violate any of its restrictions or requirements – even if the petitioner has agreed to it – you can be held in contempt of court. That can result in fines or even jail time, depending on the situation. If you have any questions about changing the terms of a restraining order that has been issued against you, the way to resolve them is with the court that issued the order. There are procedures in place for modifying restraining orders. Those should be followed if you want any of the restraining order's terms changed – even if the petitioner has agreed to your requested changes.
Abuse Allegations, Restraining Orders, and Your Nursing License
In addition to self-reporting pending criminal charges as well as convictions when you renew your license, you may find that someone has filed a complaint against you with the OSBN that is based on domestic abuse allegations that are either part of a criminal complaint or a petition for a restraining order. This can happen because anyone can file a misconduct complaint against a nurse in Oregon.
The OSBN will review the complaint and determine whether it should be investigated further. It may appoint an investigator even in cases where your criminal charges have not been resolved, or have been resolved with a dismissal or plea agreement to a lesser charge. And the same abuse allegations that supported an application for a restraining order against you could also be made in a misconduct complaint filed by anybody against you.
If the OSBN appoints an investigator, you will almost certainly be interviewed. Your attorney will prepare you for this, helping you understand what the interview process is like and making sure you answer the questions in a way that shows you are cooperating with the process so that you cannot be accused of trying to obstruct the investigation. Your attorney can also be with you during the interview to make sure you only answer fair questions that you understand.
The Lento Law Firm Can Help Protect Your Nursing License in Oregon
If you're facing criminal charges or a restraining order has been issued against you, you're already probably under a lot of stress. Having an experienced attorney by your side who can help you protect your nursing license can help relieve some of that stress. The Lento Law Firm's Professional License Defense Team is made up of experienced attorneys who regularly defend nurses and other licensed professionals in disciplinary matters across the US, including in Oregon. We understand the laws, rules, regulations, and procedures that apply to nursing disciplinary cases and are ready to help you.
Our attorneys will protect your rights from the start, through any investigation that may take place, and during any disciplinary proceeding that the OSBN may file against you. If you have questions about your disclosure obligations as a licensed nurse in Oregon or are facing a disciplinary investigation or proceeding for any reason, call us at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced attorneys. Your Oregon nursing license is a valuable personal asset – let us help you protect it!
