Nurses across the country depend on their nursing licenses in order to be able to practice. Each state has its own requirements for a nurse to earn and keep their license, and all states will discipline nurses under certain circumstances. These can generally be divided into two types of actions: those that directly threaten the quality of care that the nurse provides and those that indirectly reflect on the nurse's character and may, therefore, also indirectly threaten the quality of the care that the nurse delivers.
A nurse accused of a crime of domestic violence is also at risk of facing disciplinary action by their board of nursing (BON) if they are convicted of the charge. If you're a nurse who has been accused of domestic violence, you need the help of an experienced professional licensed defense attorney who can help defend you and protect your rights in your disciplinary case. The Lento Law Firm's Professional License Defense Team can help. Call us at 888.535.3686 or use our contact form to schedule a confidential consultation to discuss your case and learn how we can help.
Who Administers License Discipline for Nurses
Every state has a Board of Nursing (BON) or an equivalent agency that has the responsibility to license, regulate, supervise, and discipline the nursing profession. Nurses who wish to practice in that state must meet the BON's requirements for earning a license. In many states, they must also take continuing education courses approved by their state's BON to maintain their license. Also, licensed nurses are always subject to being disciplined by their BON if a misconduct complaint is filed against them.
When that happens, the BON will typically review the complaint to make sure it covers the kinds of conduct that the BON has the power to regulate. Complaints that meet the BON's standard will typically be assigned to an investigator, who will review the allegations made against the nurse, gather information relevant to the allegations, and where appropriate interview the nurse and others who might have information about the matter.
Once the investigation is complete, the BON will then decide whether to move forward with formal disciplinary charges against the nurse. While in many cases, the nurse and the BON are able to agree on how the charges are to be resolved, if they're unable to do so, the BON will conduct a hearing. At the hearing, both the BON and the nurse will be able to introduce evidence and witnesses and make arguments on behalf of their side of the case. After both sides have been heard, the BON (or hearing panel or administrative law judge, depending on the state) will rule and either dismiss the case against the nurse or impose a disciplinary penalty on the nurse.
Some states will have a separate part of the government that handles all or part of the investigation and disciplinary process. But even in those cases, the path that the investigation and resolution of the disciplinary proceeding will be similar to ones where the BON manages each stage.
Finding that you're the focus of a BON disciplinary investigation can be extremely stressful. Investigations can last for months, and the disciplinary process after adds even more time and uncertainty to your life. The best way to reduce this stress and to improve your chances of a favorable result is to be working with an experienced professional license defense attorney. Your attorney can handle most of the communications necessary with the BON, or its investigator can keep you informed about upcoming deadlines, make sure you meet those deadlines, protect your rights, and defend you and your license throughout each stage of the process.
At the Lento Law Firm, our Professional License Defense Team has years of experience helping nurses from all across the country defend their licenses in disciplinary proceedings, including ones based on allegations that the nurse has committed domestic violence. We know how important your nursing license is to you and your livelihood, and we're committed to fight for you to protect it.
The Nurse Practice Act
As noted above, every state has a set of laws and regulations that govern the licensing and practice of nursing. Whether it's called the Nurse Practice Act, Nursing Practice Act, or something different, states generally regulate and discipline licensed nurses in similar ways.
One common feature of Nurse Practice Acts is that a nurse can face discipline for conduct that happens outside of their nursing job. Most Nurse Practice Acts will list the types of criminal convictions that can result in the nurse facing disciplinary action. These include convictions that relate to the nurse's work as a licensed nurse, and convictions that relate to specific types of crimes that may have nothing to do with the nurse's job.
Domestic Violence Conviction as a Basis for Discipline
Domestic violence may or may not be listed as one of the types of crimes that can result in a nurse facing BON discipline; it depends on the language of the state's Nurse Practice Act. And while some states may not have a specific crime titled “domestic violence,” they may describe domestic violence by referring to other crimes such as assault, battery, sexual abuse, child abuse, and more.
To the extent that domestic violence includes the concepts of violent or abusive acts committed against a family or household member, it's almost a given that a conviction of one of these kinds of crimes can result in the nurse facing a BON disciplinary proceeding.
Florida, for example, defines “domestic violence” in its Domestic Relations laws as:
- any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member
The state's Nurse Practice Act lists a number of offenses that “constitute grounds” for “disciplinary action,” including those relating to “assault, battery, and culpable negligence” as well as those that relate to “child abuse,” “protection from abuse, neglect, and exploitation,” and “child abuse, abandonment, and neglect.” Any of these kinds of offenses may also be characterized as domestic violence.
Texas similarly does not list domestic violence as a specific crime for which a nurse can be disciplined. Its Nurse Practice Act does, however, list a number of crimes that are often committed in the context of domestic violence, including sexual assault, aggravated assault, “intentionally, knowingly, or recklessly” injuring or abandoning a child, and any offense that results in the defendant having to register as a sex offender.
This is the case for many other states. There may be laws on the books that define what “domestic violence” is, but those definitions tend to be based on other existing crimes such as those listed above. While the states differ both on how they describe domestic violence and on what types of crimes can result in a nurse facing professional discipline, it's very likely that a nurse facing a charge that is related to domestic violence in any state in the country is in danger of being disciplined by their state's BON if they are convicted of that crime.
In some respects, if a nurse is convicted of a crime of violence, abuse, or neglect, the question of whether the victim was a family member probably won't change the fact that the nurse will likely face a BON disciplinary proceeding as a result of the conviction. If the victim was a family member, however, the BON may take that fact into account when deciding to what extent to discipline the nurse as a result of the conviction.
That's why it's so important to contact an experienced professional licensed defense attorney as soon as you learn that you've been charged with a crime, whether or not it relates to domestic violence. Your attorney can help determine what the possible BON sanctions might be and whether there are any facts that could support reducing those sanctions in your case. At the Lento Law Firm, our Professional License Defense Team regularly helps defend nurses in cases where they have been accused or convicted of a crime and are facing potential BON discipline as a result.
Must a Nurse Report a Domestic Violence Charge to Their Board of Nursing
It's important to make sure you are aware of your state's requirements to report criminal matters to your BON, even while charges against you are still pending. Most Nursing Practice Acts do not require the accused nurse to report allegations that have not yet resulted in a conviction or a “no contest” plea, but it always makes sense to check what the requirements are in your state.
In the context of domestic violence, not having to report that you've been charged with a domestic violence crime can be fortunate. It is not unusual for one partner to falsely accuse the other partner of domestic violence during the course of divorce or custody proceedings simply to gain an advantage. Having your nursing license placed in jeopardy because your partner accused you of a crime of domestic violence that you did not commit solely to gain leverage in your divorce case would be enormously unfair.
That said, if you're convicted of a domestic violence crime or a crime of any type, you need to pay close attention to your BON's requirements for notifying the BON of the conviction. Working with an experienced professional licensed defense attorney can help you make sure you meet your disclosure obligations so you are not faced with discipline for failing to disclose. This is also the case for plea agreements that result in a plea of guilty as well as, in most states, ones that result in a plea of “no contest.”
Multistate Reporting Obligations
Many nurses hold licenses in more than one state, typically by way of the Nurse Licensure Compact. When that is the case, the nurse must take steps to comply with each state's BON requirements that apply to license holders from another state. That includes any requirements to self-report criminal convictions as well as disciplinary actions taken against the nurse by any of the states in which the nurse holds a license. While in many cases, this information may be reported by the BON that has disciplined the nurse, it is generally not a strong defense to claim that you believed your state's BON was going to report something that you ultimately have an obligation to do yourself.
When you retain one of the experienced attorneys from the Lento Law Firm's Professional License Defense Team, we will review all of your nursing licenses and make sure you take the steps that you need to take to follow all of the BON reporting requirements to the extent they may relate to your situation.
Procedure for Disciplining Nurses
While each state's procedures for investigating and disciplining nurses vary somewhat, there are some typical steps that you can expect your state's BON (or other entity responsible for disciplinary matters) to take when a complaint has been filed against you. These include:
- Initial Review of the Complaint. Not all complaints filed against nurses relate to conduct that the BON governs. While a complaint that a nurse was convicted of a crime is likely to be accepted by the BON, a complaint that the nurse was rude to a patient or a family member likely won't be. Complaints that pass this initial review will then move on to the investigation stage.
- Investigation of the Complaint. Complaints that pass the initial review will be assigned to an investigator. In the case of a criminal conviction complaint, the investigator may interview the convicted nurse and may also secure court records confirming the charges and the guilty verdict or the no contest or guilty plea. The investigator will generally prepare a report that the BON will use to determine whether to file formal disciplinary charges against the nurse.
- Dismissal or Formal Complaint. If, based on the investigator's report, the BON determines that the nurse did not violate the state's nurse practice act – for example, if the conviction related to a relatively minor matter that was not one of the listed crimes for which nurses can be disciplined – then the BON may dismiss the complaint. In a case where the nurse was convicted of an offense that constitutes domestic violence, however, it is likely the BON would move forward and file a formal complaint against the nurse. Depending on the state, the formal complaint may also include proposed sanctions against the nurse.
- Negotiated Resolution. Many disciplinary complaints are resolved without a formal hearing. Either the nurse simply accepts the proposed sanction or engages in negotiations with the BON for a less severe one. Working with an experienced professional licensed defense attorney from the Lento Law Firm can make a significant difference at this stage; your attorney can present arguments in your favor as well as additional evidence not gathered by the investigator or considered by the BON and argue that the sanctions should be less than what the BON is proposing.
- Hearing. When the matter can't be resolved through negotiation, it will likely move to the disciplinary hearing stage. While procedures will vary from state to state, hearings generally involve witness testimony, the introduction of written evidence, and arguments by both sides. If you've reached the hearing stage, you want to have a professional licensed defense attorney in your corner, making sure that your rights are respected during the hearing and that you are vigorously defended.
- Ruling. Most states will require the BON's ruling after a hearing to be in writing and for the BON to provide reasons why they have reached their decision. The ruling will typically also have to specify what sanction is being imposed on the nurse if it rules against the nurse.
- Appeals. There will typically be an appeal process that may be available in cases where the BON rules against the nurse. The reasons that a ruling can be appealed are usually limited, but if an appeal is warranted in your case, you need an attorney who understands your state's Nurse Practice Act and your BON's disciplinary procedures to draft and file it. Trying to appeal an adverse BON decision on your own is extremely difficult.
Types of Discipline Possible
The state's Nurse Practice Act may list the types of discipline that a nurse who has been convicted of certain crimes can expect to receive. In Texas, for example, the BON “shall suspend” a nurse's license when the nurse has been convicted of one or more crimes of a particular type. In Florida, on the other hand, the Nurse Practice Act states that a conviction of certain crimes “constitute grounds” for a “disciplinary action,” but does not state what that disciplinary action should be.
The range of potential penalties for nurses who violate their state's Nurse Practice Act for any reason can vary. Penalties may include:
- Verbal or informal warnings
- Written warnings that appear on the nurse's public record
- Probation periods, or practice restriction periods, often coupled with a requirement that the nurse complete some form of training or other program
- Suspension periods, in many cases, with the same educational requirements
- Revocation of the license
Where a nurse has been convicted of a serious crime that is related to domestic violence, it is, of course, more likely that the punishment will involve suspension or revocation of the nurse's license.
Even in a situation where the nurse's license is revoked, it may be possible to apply for reinstatement after a suitable period has passed, particularly if the nurse is able to demonstrate that they have completed any sentence that was imposed by the court and has taken other steps to reduce the likelihood that they will repeat the kind of behavior that led to the conviction. Your professional license defense attorney can help you improve the chances that your license will be restored if it has been revoked due to a criminal conviction.
What If You're Being Investigated as the Result of a Domestic Violence Charge
The best thing you can do if you receive a notice that you are under investigation by your BON as a result of a criminal charge, such as one relating to domestic violence, is to retain an experienced professional licensed defense attorney. Your attorney will help you throughout the investigation and disciplinary process by:
- Making sure you are properly defended while still meeting your obligation to cooperate with the BON investigation
- Gathering additional information about your case that the investigator may not find or may find and ignore, and where helpful, bring that information to the attention of the BON
- Being with you at your interview with the investigator and helping you only answer clear questions that you understand
- Negotiating on your behalf with the BON in situations where that can potentially result in a more favorable result
- Defending you vigorously at any hearing that may take place
The sooner you contact the Lento Law Firm's Professional License Defense Team, the more help one of our experienced attorneys will be able to provide, and the better the chances that your disciplinary matter will be resolved favorably.
The Lento Law Firm's Professional License Defense Team Can Help
The Lento Law Firm's Professional License Defense Team has helped nurses and other medical professionals all across the US protect their licenses and their livelihoods in serious disciplinary situations. If you've been charged with or convicted of any kind of crime related to domestic violence, or if you've been accused of any other kind of misconduct under your state's Nurse Practice Act, call us. We understand the laws, rules, regulations, and procedures that apply in nursing license disciplinary matters, and we are ready to protect your rights throughout the entire process. We have experience helping LPNs, RNs, and APRNs, and we are ready to help you, too.
Your nursing license is the key to your career and your livelihood. If it is in jeopardy because of a criminal conviction, the Lento Law Firm can help you protect it. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced professional licensed defense attorneys. You've worked hard to earn your nursing license – we are here to help you protect it!
