This is the next article in my series on defending against Complaints made to the Arizona State Board of Nursing. My last article discussed Nursing Board Complaints involving scope of practice violations. It is important to understand that the term “scope of practice” can involve several different aspects and many types of conduct may result in disciplinary proceedings. Retaining an attorney as soon as possible is one of the best steps which one can take to protect their interests. In this article, I will be addressing the handling of charges which involve “unprofessional conduct.” If you need assistance then contact my office today to speak with a Phoenix lawyer.
Arizona nurses must self-report non-nursing crimes
The Arizona State Board of Nursing requires that many offenses be “self-reported” to the Board within ten business days after formal charges are filed by prosecutors. Offenses which must be self-reported include all felony charges. Additionally, misdemeanor charges must be reported if they fall under any of the following:
- Assault or other crimes of violence
- Theft-related crimes
- Fraud-related offenses
- Abuse or neglect of children or vulnerable adults
- Sex offenses
- Crimes involving drugs or alcohol
- Arson
- Offenses involving animal cruelty
If the charges are not self-reported within the ten business day window, then the failure to report will in and of itself become grounds for a separate violation with the Nursing Board. It is important to note that felonies and the above-listed misdemeanors must be self-reported whether or not they are job-related and that reporting becomes mandatory once charges are filed, meaning that reporting occurs well before an actual conviction.
If the offense involves felony charges then the nurse may be able to continue working while their criminal case is pending, but each matter will be situation specific. If the nurse is convicted of a felony then they will face a mandatory suspension of their nursing license. If the individual is convicted of a misdemeanor, then they will likely be allowed to continue working, with restrictions in place, so long as the facts of their criminal matter do not raise the issue of a threat to public safety. What the eventual outcome of any matter will be, however, is always going to depend on the specifics of the case. Discussing your matter with an experienced attorney is one of the best ways to gain a better understanding of a particular predicament.
Once the criminal charge is self-reported then the Board will initiate an investigation into the matter. If the charge involves one-time conduct that does not involve a public danger then they will often monitor the criminal offense for an eventual outcome. The Board is often understanding that people make mistakes and, again, nurses are often allowed to continue working (although they may have to pay a fine or meet certain requirements). If, however, the offense raises questions about one’s fitness to be a nurse then action may be taken. The number of circumstances which may result in greater action is vast and discussing your situation with counsel, as soon as possible, is highly recommended.
Contact a Phoenix nursing defense lawyer for assistance
If you are a nurse who has been arrested then it is important that you take immediate action in order to protect your ability to earn a living. Failing to report the matter, as explained above, will lead to additional problems. As a Phoenix nursing defense lawyer, I am able to assist with such matters. I understand that this is a serious time in your life and my office will give your matter the attention it deserves. Contact us online or by telephone today to schedule an initial consultation. My office also services Maricopa County areas like Mesa, Glendale, Scottsdale, Chandler, and Gilbert, as well as Pima County residents in Tucson.