This is the next article in my series on defending a nursing license against suspension or revocation in our state. My last article discussed the process of an Arizona State Board of Nursing Disciplinary hearing. It is important to understand the process from beginning to end so that a) one has reasonable expectations, and b) one is aware of what rights they have. Retaining an experienced attorney is crucial in such situations. In this article, I will address how criminal charges can affect one’s license. If you are in need of assistance then contact my office today to speak with a Phoenix lawyer.
Arizona nurses are required to self-report any criminal charges which they receive
Under Arizona Revised Statutes 33-3208, a nurse must self-report a criminal case within ten days of being charged if the matter is a felony or a misdemeanor which impacts public safety. Nowhere does the Board explain what crimes “impact public safety,” which realistically means a nurse puts themselves at great risk if they are charged with any crime and do not report it. If an individual fails to report the case voluntarily, and the Board determines the crime impacted public safety, then they are considered to have committed professional misconduct under ARS 33-208(D). Such an act of misconduct can result in additional licensing issues. In other words, even if one is not convicted or professionally punished for the underlying criminal charge, they may still face discipline for failing to report the matter to the Board.
The Board of Nursing may issue a temporary suspension of the license if it believes that the alleged criminal conduct presents a threat to the public. This is especially true in situations where the allegations raise concerns as to the ability of the nurse to perform their job or the risk that they will intentionally harm another. In cases involving drugs, extreme violence, or alcohol, it is understandable that there is concern from the Board. Some situations, however, may not involve a temporary suspension. These may include situations where the evidence is less compelling, from an initial view, and which do not involve controlled substances. Even if a license is not temporarily suspended, however, one will still have to go through the process of an investigation.
Once the charge is reported to the Board then it will launch its own investigation. It is important to remember that a prosecutor must prove a criminal case beyond a reasonable doubt. The State Board of Nursing, however, must only show that the offense occurred by a preponderance of the evidence. This means that the Board does not have as high a burden as the prosecution for showing that the offense occurred. So, while the prosecution may very well agree to plea the matter down to a “lesser offense” in some instances, the Board will be more concerned with the overall conduct.
Contact a Phoenix lawyer for assistance with your nursing license
If you are a nurse and have been charged with a crime then it is important to understand how the situation will impact your license. Unfortunately, there are times in which one takes a plea agreement in their criminal case without a full understanding of how the situation will impact their professional career. Immediately retaining an attorney, who can assist with your licensing issues, can help to ensure that you are navigating the system correctly as you go through the criminal process. Counsel will assist you with properly reporting the situation and will coordinate with your criminal counsel to ensure that all aspects of your life are considered at each stage of the legal process.
I am a Phoenix lawyer who assists with nursing license defense. I understand that few things are as important as one’s career. The loss of a license means more than the loss of one’s ability to earn a living – which is bad enough. It can also mean the loss of dignity as well as a lifetime of work gone. I work to find the best possible solutions for my clients and I take pride in the level of representation which I provide. Contact my firm online or by telephone to schedule an initial consultation. My office also serves Maricopa County areas like Mesa, Glendale, Scottsdale, Chandler, and Gilbert, as well as Pima County residents in Tucson.