No matter how many patients they have assisted, lives they've helped save, or years they've invested in their careers, nurses are not exempt from potential arrest. Whether they make a mistake, are victims of overzealous law enforcement, are falsely accused, or are detained for any other reason, an arrest—and even more so, a formal charge or conviction—can reverberate professionally.
A nurse's daily slate of responsibilities is one that most cannot comprehend, and that's before you consider legal proceedings, professional discipline, and the other headaches that an arrest incites. If there was ever a time to accept the assistance of an experienced, proven attorney, it's right now.
The Lento Law Firm Professional License Defense Team serves nurses throughout the state, from Hartford to Bridgeport, Stamford to New Haven, and beyond. Whether your city or employer is large or small, your license matters. Let us defend it.
Call the Lento Law Firm today at 888-535-3686 or contact us online to learn how we can help, how our familiarity with Connecticut's professional disciplinary proceedings will benefit you, and why our firm is the team to trust with your career.
Connecticut Board of Examiners for Nursing Requires You to Report Certain Arrests
One of the most common questions that nurses have after being arrested is whether they have to tell the Board of Nursing about it. In Connecticut, the answer to this question depends on the nature of the arrest.
Connecticut General Statutes § 19a-12e.(d) explains that, in at least one instance, a “health care professional,” including a nurse, must generally report the arrest within 30 days of being arrested:
“A health care professional who has been the subject of an arrest arising out of an allegation of the possession, use, prescription for use, or distribution of a controlled substance, legend drug, or alcohol shall, not less than thirty days after such arrest, notify the Department of Public Health. The health care professional shall be deemed to satisfy this obligation if the health care professional seeks intervention with the assistance program.”
Connecticut General Statutes § 19a-12e.(e) further explains that nurses in Connecticut are generally required to report immediately when they are either charged with or convicted of a felony-level offense.
While notifying the Board of Examiners can elicit strong emotions, including fear and shame for many, there is at least some certainty knowing that you have to report certain arrests, charges, and convictions. The next step, though, is to submit your report in a way that does not itself harm your nursing career.
Is There a Correct Way to Report an Arrest, Notice of Criminal Charges, or Conviction to the Board of Examiners?
States vary in the amount of information they provide about nurse licensure, discipline, and general administrative protocols. Regarding its ease of accessibility, Connecticut is not among the top tier in helping nurses understand what they should do in any given circumstance, following an arrest, for instance.
We do know that the State of Connecticut Department of Public Health investigates and regulates nursing licenses. We can gather from its practitioner complaint form that, if you need to report an arrest or other legal matter, you will likely need to provide information about:
- Your identification
- Your profession
- The circumstances that led to your being arrested, charged, or convicted
The form includes a large, blank section preceded only by the prompt “Describe your concerns below.” Such a free-form manner of reporting complaints against nurses means that you must judge:
- What to say
- What you should not say
- Whether you should editorialize or provide important context
- Whether to discuss the actual merits of an arrest, charge, or conviction
- How the Department of Public Health will perceive or judge your self-report
Do not expect much guidance from the Connecticut Department of Public Health or the Board of Examiners for Nursing. These are large, faceless bureaucratic organizations—personalized guidance and advice is not their strong suit, even when a nurse faces potentially career-threatening discipline.
There is a team that understands the nuances of self-reporting legal matters, and it's the Lento Law Firm Professional License Defense Team. We will help you:
- Determine whether you need to file a report
- If the report is elective, whether would it be in your best interest to file one
- Craft the report in a manner that protects your interests and career to the greatest possible degree
Not every nurse ultimately elects to report an arrest to regulatory authorities, though, as they may have that right. If you are not required to report an arrest, the filing of a misdemeanor charge, or a misdemeanor conviction, we will help you make the best decision for you.
While Some Reports Are Mandatory, the Decision of Whether to Report Other Arrests Will Be Up to You. Here's What You Must Consider.
If you are not required to report certain legal developments (whether an arrest or otherwise) to the Connecticut Board of Examiners for Nursing, we will gladly help you decide whether to self-report. Many factors can inform such a decision, including:
- Whether you plan to pursue additional nursing licenses in the future, as background checks are generally part of that process, and self-reporting could be a positive signal when you're seeking licensure (though there are certainly risks in self-reporting, too)
- Your employer's history of conducting background checks—while renewing your license does not typically prompt a background check, employers might keep tabs on employees through periodic background checks
- Your belief in whether an arrest might lead to a formal charge or conviction, as an arrest that leads nowhere might not be worth reporting to the Department of Public Health
- Your personal view of how the risks of reporting an arrest stack up against the potential rewards
Perhaps “reward” is not the correct term to describe the “positive” outcomes of self-reporting. These “rewards” are more like insurance. When you self-report, you generally seek to avoid additional discipline or adverse consequences that might come with not self-reporting.
Say, for instance, a nurse chooses not to report a misdemeanor conviction voluntarily. Two years later, that nurse applies for their Advanced Practice Registered Nurse (APRN) license. The Board's background check reveals that the nurse was convicted of a misdemeanor and did not report it—a revelation that could, though not necessarily, be held against the nurse.
These are not cut-and-dry decisions. We will help you navigate the nuances of self-reporting.
So What Are the Possible Downsides of Voluntarily Self-Reporting?
If you have to choose whether to self-report an encounter with law enforcement or the justice system, it implies there is some potential downside in either path you might choose. This is true.
If you choose to self-report voluntarily, you might look forthcoming in the eyes of the Board of Examiners, and that could benefit you in some way. Self-reporting might also expose you to the risk that:
- The Board of Examiners for Nursing initiates disciplinary proceedings as a direct result of your alerting it to your legal entanglement
- The Board of Examiners eventually imposes sanctions against you
- You suffer professional, financial, and personal harm because you chose to report an arrest, the filing of criminal charges, or a conviction
In such a circumstance, a nurse is only human to wonder if being forthcoming with the Board was a poor decision.
Remember, though, that there can also be pitfalls in not reporting such things. The necessity of case-by-case analyses is precisely why the judgment of an attorney from the Lento Law Firm will serve you well.
Whether or Not You Report Yourself, the Connecticut Board of Examiners for Nursing Could Instigate Disciplinary Proceedings
Nowadays, news of arrests, criminal charges, and convictions can be difficult to keep to yourself. Because the Board of Examiners could face significant consequences if it fails to discipline a nurse arrested for a serious offense, you can expect the Board to keep a close eye on criminal dockets and news releases.
You might also be scrutinized if a third party files a complaint against you. If the Connecticut Board of Examiners for Nursing finds out about an arrest (or even more serious criminal proceedings), it will then face a choice:
- Proceed with an investigation, which could lead to sanctions against you
- Choose not to take action, perhaps because it does not consider the reason for your arrest, or even a misdemeanor conviction, to be a violation of its policies
The Board generally has lower standards for discipline than legal courts. For instance, you might be professionally disciplined for “unprofessional conduct,” but several types of “unprofessional conduct” would not be grounds for a criminal conviction.
This lower standard for discipline is one reason that, if the Board of Examiners learns of even an arrest, you should anticipate disciplinary proceedings.
What to Expect If an Arrest, Charge, or Conviction Triggers the Board's Disciplinary Protocols
The Lento Law Firm Team has protected the rights of many nurses embroiled in their states' respective disciplinary proceedings. While each state has its own unique terminology and wrinkles (the number of members on a hearing panel might vary, for instance), the process almost always entails:
- The Board reviewing the complaint, or the notice of possible wrongdoing by a nurse: In your case, this might be a self-report of an arrest, a third-party complaint, or the Board's own discovery of an arrest, charge, or conviction.
- The Board may elect to investigate your actions: Unless the Board dismisses the case outright, you may be asked to speak with an investigator assigned to the matter. That investigator may also talk with any complainant, law enforcement officials, or others with relevant insight. The investigator might also review arrest reports, court documents, and other pertinent documentation before issuing their findings.
- You might be offered a Consent Order (or your lawyer may negotiate one): Many nurse disciplinary cases conclude with an agreement between the Board and the nurse. This is common in cases where a nurse is willing to admit wrongdoing and the Board offers sanctions that the nurse can live with.
- Your case may proceed to a hearing: When a nurse and the Board of Examiners do not negotiate a Consent Order, a hearing generally occurs. These are usually trial-style proceedings in which witnesses testify, the nurse may testify, and evidence is presented for the hearing panel's consideration.
After the hearing, designated parties issue their decision. If the Board of Examiners for Nursing imposes discipline, the nurse (or their attorney) can appeal.
Is There a Realistic Chance the Board of Examiners for Nursing Disciplines Me After the Arrest?
Yes, you should proceed as if professional sanctions are a realistic possibility. Board members likely feel substantial pressure to protect the “profession of nursing,” and may not hesitate to:
- Revoke your license
- Suspend your license
- Reprimand you (for all the world to see on your record)
- Restrict your license
- Place you on probation
- Engage in other punitive action
Sanctions against nurses are not always fair. In fact, the Board of Examiners might go overboard on sanctions out of fear that, if they don't issue sanctions the public deems harsh enough, the Board might be criticized.
You must fight for your license, and we ask that you let us help. If you don't prioritize defending your nursing career, nobody else will.
Call the Lento Law Firm Today. Your Hard-Earned License Is Worth the Conversation with Our Team.
We must also note that the Connecticut Board of Examiners for Nursing participates in the Nursys database. This means, if you are disciplined, the details will almost certainly be entered into this nationwide database.
Much is at stake. While we know you may be worried about potential legal penalties, let us prioritize your license defense. Call the Lento Law Firm today at 888-535-3686 or contact us online to let us begin mounting your defense (or to just learn more about what we offer).
