Even with the state facing a critical nurse shortage,an arrest could jeopardize your license. A conviction could prove even more damaging. In many cases, the effects of license discipline outlast and outweigh the impact of criminal sanctions. If you have become entangled in Oklahoma's legal system, it's time to ask for help.
The Lento Law Firm Professional License Defense Team fights for nurses, a population that is used to fighting for others—and, too often, reluctant to accept a helping hand. Don't try to balance your professional demands, personal life, legal proceedings, and license defense. Leave the fight for your livelihood to us.
Oklahomans, more than most, should recognize the value in hiring representation sooner rather than later. Once the disciplinary process begins, it can careen forward like a Conestoga wagon, and having an attorney keep your defense efforts laser-focused may prove priceless.
We will answer your most pressing questions, including whether you should report an arrest to the Oklahoma Board of Nursing (OBN). Our team will also prepare you for every potential scenario and outcome that may follow an arrest, providing reliable advice and assistance at every turn.
Call the Lento Law Firm today at 888-535-3686 or contact us online to learn more about our team, ask any questions, and find out how we have helped many nurses in circumstances like yours.
Oklahoma's Rules About Reporting Arrests and Convictions
As is the case in nursing statutes throughout many states, Oklahoma's Nursing Practice Act is explicit about whether applicants for nursing licenses must report criminal charges and convictions to the Board—they do.
However, it is less clear if, when, and how a nurse who already has their license must report a criminal charge or conviction. The Nursing Practice Act is just as ambiguous about whether you must report an arrest. We know from experience that nurses do not generally need to report an arrest, as they are granted the presumption of innocence.
We also know based on the Oklahoma Nursing Practice Act § 567.8. that the Oklahoma Board of Nursing has the right to discipline a nurse for:
- A felony conviction, guilty plea, or no-contest plea
- A conviction, guilty plea, or no-contest plea for an offense “substantially related to the qualifications, functions, or duties” of nursing
- A finding of responsibility for any offense “an essential element of which is fraud, dishonesty, or an act of violence,” noting that this offense can warrant discipline, whether or not a sentence is imposed
The Board also adds that you may be subject to discipline if you initially agree to a deferred or suspended sentence, or probation, and probation is revoked or a sentence is ultimately imposed. Conversely, nurses do not generally need to report expunged or sealed offenses to the OBN.
It's reasonable to conclude that, if your circumstances conform to those that could lead to discipline, you likely need to report those circumstances to the Oklahoma Board of Nursing.
However, for arrests, criminal charges, and certain convictions that are not necessarily grounds for OBN-issued discipline, you will need to exercise your judgment in deciding whether to self-report.
To Report or Not to Report? There May Be Risk, Either Way. The Lento Law Firm Will Help You Make the Right Decision.
Each nurse's circumstances are unique. When deciding whether to report an arrest, filing of charges, or conviction in Oklahoma, we might weigh:
- Whether you plan to apply for a nursing license in the near future, as the OBN requires applicants to report even arrests
- The reason for your arrest, and whether that reason would constitute a violation of the Oklahoma Nursing Practice Act
- Whether formal charges or a conviction appear likely or unlikely
- Your personal history with professional discipline
Even the smallest detail may factor into our risk-reward analysis and may ultimately help us decide whether you should report an arrest, charge, or conviction to the Oklahoma Board of Nursing.
One question we often hear is, “Why wouldn't I report my arrest to the Board?” While it's true that there might be risk in not reporting an arrest—the Board might view this as deceptive—there is also risk in reporting an arrest that you don't have to report. If you choose to report an arrest without consulting us first, you might find that:
- The OBN views the details of your arrest in a far more serious light than you do
- The OBN takes the word of an accuser, law enforcement officials, a prosecutor, or other hostile parties as fact (or, at least, credible)
- You are treated as if you are guilty until proven innocent, rather than vice versa
- Disciplinary proceedings unfold quickly
- You are not prepared to defend yourself from potential professional discipline
These are all realistic possibilities after a nurse self-reports an arrest, charge, or conviction. While there can be strong reasons to file a report with the Board, there are often legitimate reasons not to. Trust the Lento Law Firm Professional License Defense Team to help you analyze the pros and cons of both options and make the best decision for you.
If You Choose to Report, We Will Help You Do It Right
As attorneys who work for the nurses we represent, your wishes are our command. While we will be honest, informative, free with heartfelt advice and guidance, you must ultimately make the critical decisions that affect your nursing career.
That said, if you elect to self-report any event(s) related to the criminal justice system, we will help you:
- Abide by any filing deadlines that often govern mandatory self-reporting
- Collect and submit any documentation, such as a police report, that the OBN expects or demands
- Present the facts in a forthcoming manner, but a manner that does not pain you in an unfairly critical light
- Determine what information you should share and which information you should not share
- Submit the self-report
While deciding whether to report a brush with law enforcement is important, that's not the only decision you may need to make. If you elect to notify the OBN, you will face several decisions when crafting the report. Our service will make those decisions painless, intentional, and ultimately to your nursing career's benefit, rather than its detriment.
There Are Several Ways for the OBN to Find Out About a Nurse's Arrest, Criminal Charge, or Conviction
As much talk as we have dedicated to the to-report-or-not-to-report debate, here's the truth: The OBN may find out about an arrest, filing of criminal charges, conviction, guilty plea, or other legal development regardless of what you do (or don't do). The Board might learn of legal entanglements by:
- Monitoring law enforcement records with in-house personnel
- Receipt of a complaint against you
- A tip from local law enforcement or the prosecutor's office
- Various other means
Neighborhoods and hospitals from Oklahoma City to Lawton, Tulsa to Edmond, and everywhere in between have busybodies, coworkers who want to get a leg-up on a colleague, and others who do not think twice about filing a report about a nurse's arrest or conviction.
If you face formal charges or are convicted, there is generally a higher likelihood that the OBN will find out about it than if you're only arrested. It's also more likely that the OBN will take punitive action against you, particularly if you're convicted, plead guilty, or plead no contest.
You still need to decide whether to self-report, and that decision may be more difficult if you've only been arrested (not charged or convicted). There's a chance that, if you don't self-report, the OBN will not become aware of an arrest. At the same time, you should be prepared for the OBN to learn of the arrest even if you don't report it yourself.
Will the OBN Discipline Me If It Learns of an Arrest (or Conviction)?
Like most Nursing Boards, the Oklahoma Board of Nursing is most likely to pursue sanctions against a nurse if:
- The nurse is convicted (rather than just arrested or charged)
- The conviction is for a felony offense
- The nurse is accused or convicted of an offense that suggests they might not be practicing nursing safely
However, all the OBN needs to discipline a nurse is the belief that the nurse most likely violated the tenets and standards of the Oklahoma Nursing Act. You might not be charged or even convicted, but the OBN might move forward with disciplinary proceedings if it believes you:
- Acted unprofessionally
- Have a substance abuse problem
- Were not forthcoming with the Board (this is, again, where your judgment about whether to report an arrest must be sound)
- May have jeopardized patient safety (or could jeopardize patient safety if you continued to practice in your current capacity)
The reason why the Board initiates disciplinary proceedings may dictate the sanctions you might face. For instance, if the Board believes a nurse is battling substance abuse, it may attempt to get the nurse help, perhaps through the Peer Assistance Program (PAP), which the OBN describes as an “alternative-to-discipline program.”
The High Stakes of the Oklahoma Board of Nursing's Disciplinary Process
The stakes immediately become high whenever the Board of Nursing initiates the disciplinary process. While this process may start innocently enough, with an investigation you're assured will be fair and unbiased, you must never assume the outcome will fall in your favor.
Passivity is not the proper approach for any nurse facing potential:
- License revocation
- License suspension
- Fines
- Probation
- Restriction of their nursing abilities
- Reprimand
Any discipline is tantamount to the sullying of your professional reputation, which is difficult to separate from your personal reputation. For this reason, it's realistic that even a discipline as “minor” as a formal reprimand could:
- Close professional doors
- Limit your earning capacity
- Tilt the trajectory of your nursing career downward, which, over time, causes an increasingly glaring gulf between the current one
- Contribute to professional dissatisfaction and burnout
- Cause you psychological and emotional distress
- Diminish not only your quality of life, but also that of those who may rely on you
As you can see, the stakes of professional license defense are higher than many nurses first realize. These high stakes are one reason why we are so passionate about defending nurses—we know our role is critically important, and that the effects of our success are long-ranging.
The Nursys Database and Your Future
The nationwide Nursys database is another factor to consider as you weigh the importance of retaining a capable attorney to defend your license and career.
Oklahoma's Board of Nursing participates in this database, which compiles information about nurse licensure from most states. This database is a unified repository where any employer thinking about hiring you, or any Board that may enable you to practice in its state, can look up your disciplinary history.
In other words, the Nursys database means that the specter of potential discipline in Oklahoma looms even larger, and the need to ward off severe discipline becomes even greater.
Call the Lento Law Firm Today. Your Hard-Earned License Is Worth the Conversation with Our Team.
The Lento Law Firm gives critical assistance when nurses face a professional emergency. We know that nurses are often in the caregiver role, but you may now face circumstances your medical training does not equip you for. Let us help.
Expect your attorney to lay out the potential routes ahead and to ensure you're ready for every single one. Once it becomes clearer whether you will report any arrest, charge, or conviction, your defense strategy should narrow and eventually crystallize.
Whether or not you ultimately face the OBN's disciplinary proceedings, hiring the Lento Law Firm as soon as possible makes sense. If and when the Board initiates an investigation, you will have less time to prepare, so do not wait to speak with our team.
Call the Lento Law Firm today at 888-535-3686 or contact us online to learn more about our firm and get answers to your questions.
