If you're a nurse licensed to practice in the state of Wisconsin, it's important that you understand the kinds of issues that can affect your nursing license – particularly any issues that may not directly relate to the care you provide as a nurse. Two types of issues that have caused concerns for nurses in Wisconsin and elsewhere in the US are situations where the nurse is accused of committing domestic violence or those where a court issues a restraining order against the nurse.
Whether or not either of these situations can result in the nurse being disciplined by the Wisconsin Board of Nursing depends heavily on the facts of that particular case. If you are a licensed nurse in Wisconsin and you've been accused of domestic violence, or a restraining order has been issued against you, contact the Lento Law Firm's Professional License Defense Team for help. We understand the disciplinary statutes, rules, and procedures that apply to nurses in Wisconsin, and we can help you protect your license and your career. Call the Lento Law Firm today at 888.535.3686 or use our contact form to schedule a confidential consultation.
Domestic Violence in Wisconsin
Wisconsin uses the term “domestic abuse” to refer to a number of different acts that can be committed by someone against “his or her spouse or former spouse,” or against “an adult with whom the person resides or formerly resided,” or against “an adult with whom the person has a child in common.” The relationship – existing or former – between the person accused of domestic abuse and the alleged victim is what's important. Getting into a fistfight with a stranger outside of a bar is not domestic abuse, but if instead of a stranger, the fistfight is with an ex-spouse, the defendant may face domestic abuse charges.
The types of actions that can result in a domestic abuse charge in Wisconsin include:
- Intentionally inflicting “physical pain, physical injury or illness” on the victim
- Intentionally impairing the victim's physical condition
- First, second, or third-degree sexual assault
- Any “physical act” that causes the victim “reasonably to fear” that the conduct prohibited by the domestic abuse statute will be committed against them
Remember, there must be a specific kind of existing or prior relationship between the accused and the victim for domestic abuse charges to apply.
Domestic violence is a term that is also often generally used to describe situations that result in child abuse. Wisconsin has a separate set of laws that relate to child abuse in various forms. These laws don't use the term domestic violence, but they do prohibit a number of acts that could be considered domestic violence. They include:
- Physical abuse of a child
- Causing mental harm to a child
- Sexual exploitation of a child
- Trafficking of a child
- Various sex crimes committed against children
These child abuse laws generally do not require the same close relationship between the accused and the victim that domestic abuse charges require.
Automatic Short-Term Contact Prohibition in Domestic Abuse Cases
Wisconsin law requires anyone arrested on a domestic abuse charge to “avoid the residence of the alleged victim” and to avoid having anyone contact the alleged victim (other than law enforcement officers or attorneys for the accused or for the victim). That automatic prohibition applies “during the 72 hours immediately following” the arrest of the accused for domestic violence.
This short-term prohibition on contact after an arrest is not the same as a restraining order. It is automatic and does not require a judge to issue a court order. It also does not apply in cases of alleged child abuse.
Restraining Orders in Domestic Abuse Cases
A restraining order in a domestic abuse case is different in a number of ways from the automatic 72-hour contact prohibition that is part of the domestic abuse statute. The main difference is that a judge won't issue a restraining order without a hearing, and that hearing won't happen until the person requesting the restraining order files a petition asking the judge to issue it.
A restraining order can be very specific about what types of contacts the order prohibits (and allows). It can be tailored to the specific situation between the parties, and the hearing allows the judge to consider both side's arguments for and against the requested restraining order, as well as what the terms of that order should be.
Another important thing for nurses to keep in mind is that a restraining order is not a criminal matter. The fact that you may be subject to a restraining order that prohibits you from having contact with someone does not mean you've committed a crime. That said, violating the terms of a restraining order can result in criminal charges.
Domestic Violence Charges, Restraining Orders, and Your Nursing License
You may have legitimate concerns about the effect that domestic abuse allegations, child abuse charges, or a restraining order may have on your nursing license. Because charges are not the same as a conviction, and because a restraining order does not rest on a finding that you are criminally liable for anything, they generally will not result in nursing misconduct charges being brought against you by the Wisconsin Board of Nursing.
This isn't to say that you have nothing to worry about if you're facing domestic abuse charges or if a restraining order is issued against you.
In particular, if you are convicted of domestic abuse or child abuse, you are required to report that to the BON. The Rules of Conduct for licensed nurses are very clear about this. If a licensed nurse fails to “notify the board of a felony or misdemeanor” within 48 hours of their conviction, the nurse can be disciplined for failing to do so. This applies to any felony or misdemeanor conviction, not simply to convictions that relate to domestic abuse crimes or other violent crimes.
The report must include certain information, in particular:
- A copy of the judgment of conviction
- A copy of the complaint filed against the nurse or “other information” that describes the conduct that the nurse was charged with so that “the board may determine whether the circumstances of the crime” are “substantially related to the practice of nursing”
When a nurse is convicted of domestic abuse or child abuse, the BON may take disciplinary action against the nurse. The concern can be that if the nurse is capable of committing abuse against someone they know – an existing or former partner, someone they live with or lived with in the past, someone who they share a child with, or against a child – then the nurse's patients may be in similar danger.
The standard that is set forth in the Wisconsin statute requires the BON to “determine whether the circumstances of the crime” that the nurse was convicted of “are substantially related to the practice of nursing.” It's not unlike the situation where a nurse is found or pleads guilty to a DUI – if the nurse is capable of driving while under the influence of alcohol, the BON may be concerned that the nurse will also care for patients while drunk.
Reporting a Domestic Abuse or Child Abuse Conviction to the Board of Nursing
While the Wisconsin BON has requirements about what information the nurse is required to provide when reporting a felony or misdemeanor conviction, there is nothing that limits the report to only that information. When you work with one of the experienced attorneys from the Lento Law Firm's Professional License Defense Team, we will help you make sure you provide the BON with all of the information that the BON needs to be able to make an informed decision on whether to bring disciplinary charges against you based on a criminal conviction or guilty plea.
Whether that information is provided at the same time that you meet your notice requirements, in discussions with the BON after it's been notified about the conviction, or at some later point is something that the Lento Law Firm's professional licensed defense attorneys are able to help you determine. Where appropriate, we can also be prepared with arguments on your behalf as to why your nursing license should not be affected by your conviction.
Another important thing to keep in mind about reporting convictions is that out-of-state convictions still trigger the reporting requirement. There is nothing in the statute that limits the reporting requirement to convictions that take place in Wisconsin.
Remember – Allegations are Not the Same as Convictions
The important thing to remember is that allegations of domestic abuse or child abuse don't trigger this BON reporting requirement in Wisconsin – convictions do. This is important because it is not unusual for one spouse to make domestic abuse or even child abuse allegations against the other spouse when the two are in the midst of a divorce. Many times, these allegations are driven not by facts but by one spouse's desire to gain a negotiating advantage over the other spouse in the divorce case.
There are other situations where allegations don't necessarily mean there will be a conviction. In cases of child abuse, there is a legal requirement in Wisconsin that certain types of professionals report suspected child abuse to the appropriate social services or human services department in their county, or to law enforcement. These “mandated reporters” include healthcare professionals, social workers, school counselors, child-care workers, and many others.
The requirement that these professionals report situations where they have “reasonable cause to suspect” that a child they see in the course of their professional duties has been abused or neglected means that they are likely to over-report suspected child abuse, if only to be safe and to not face the penalties that apply for failing to make a report.
What the Board of Nursing Will Do When a Conviction is Reported
In cases where there is a misdemeanor or felony conviction of a nurse that the nurse reports to the BON (or where the nurse fails to report it but the BON learns of the conviction in another way), the BON is likely to investigate the report before deciding what action to take against the nurse who has been convicted. During the investigation, your professional license defense attorney may be in contact with the BON's investigator to provide them with information that may be helpful in your defense.
Based on the investigation, the BON may or may not decide to file formal charges against the nurse. If it does, your attorney will be able to discuss your case with the BON in an attempt to arrive at an acceptable resolution. In many cases, disciplinary matters end with a warning of some sort, or probation; but they can also end with the BON suspending the nurse's license or even revoking it, depending on the severity of the case. Cases that can't be resolved through negotiation may end up with a hearing.
The Lento Law Firm's Professional License Defense Team is Here to Help
If you are a registered nurse in Wisconsin and are facing any kind of criminal allegations, including domestic abuse or child abuse, the Lento Law Firm's Professional License Defense Team can help you make sure you meet your obligations to the Wisconsin Board of Nursing to report any conviction that may result. Our experienced attorneys can also help you protect your license even after a conviction has occurred and will make sure that you meet your obligations to the BON. These include not only your obligation to report your conviction to the BON but also your obligation to cooperate with the BON in any investigation that may result.
Don't guess when it comes to complying with your obligations under Wisconsin law if you're a nurse who has been accused of domestic or child abuse. The Lento Law Firm's Professional License Defense Team can help you provide the information the BON requires and, just as importantly, can fight on your behalf to protect your license.
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 nursing license is important to you; let the Lento Law Firm help you protect it.
