Nurses convicted of misdemeanor crimes in California face consequences that can affect their immediate and long-term career opportunities, including the ability to obtain or retain an RN (Registered Nurse) license.
Each new license application or renewal is evaluated by the California Board of Registered Nursing (BRN), which takes into account the following factors amongst others before making a decision:
- The nature of the misdemeanor conviction
- How long since the offense
- Any efforts at rehabilitation by the individual
- The applicant’s record since the original incident
A misdemeanor does not automatically disqualify the nursing license applicant in California but can put license applications and renewals at risk. It is, therefore, essential for nurses, or those aspiring to enter the profession, to prevent a conviction for misdemeanor charges. As such, seeking seasoned legal advice and support to defend against criminal charges from The Law Offices of Bryan R. Kazarian is a necessity.
How a Misdemeanor Affects RN Licensure in California
The BRN enforces professional standards and qualifications, regulating the issuance of nursing licenses in the state. The Board is responsible for ensuring that nurses meet the standards to practice safely and competently.
The BRN has broad authority to take disciplinary actions against nurses who violate regulations or engage in unprofessional conduct. These actions include a public reprimand, probation, suspension or revocation of their licenses.
With criminal convictions, the Board will conduct an investigation and evaluate whether the criminal offense is “substantially related” to the qualifications and duties of a registered nurse before deciding on the appropriate professional disciplinary action.
The key issue with a misdemeanor conviction is whether it brings into question the nurse’s ability to provide safe care to patients.
Which Misdemeanor Charges Can Affect a Nursing License Application or Renewal?
Some misdemeanor charges are considered more serious from the Board’s standpoint than others in California.
The BRN is especially concerned with offenses that demonstrate a lack of integrity or professionalism. The reasoning is that this can directly affect nursing practice, patient safety, and patient care. Typically, misdemeanor charges such as the following attract greater scrutiny:
- DUI (Driving Under the Influence): A DUI conviction raises concerns about substance abuse and often reflects poor judgment.
- Assault and/or battery: A conviction related to threatening and/or causing physical harm to another person can be considered unprofessional conduct.
- Elder or child abuse: Such crimes are especially serious since nurses have a duty of care towards vulnerable individuals.
- Fraud or theft: A crime that involves dishonesty is directly related to the ethical obligations of nurses.
- Offenses related to substance abuse: A conviction for drug abuse can result in disciplinary action because of the clear risks to patient safety (and because of a nurse’s access to medications and drugs).
Any misdemeanor charge has the potential to affect a nursing career. Even if it doesn’t directly impact a nursing license application or renewal, it can negatively affect the individual in other ways. For instance, a conviction can restrict the ability to work in certain healthcare settings (e.g., government agencies). Additionally, this may hamper educational and career advancement opportunities, as well as increasing insurance costs, limiting travel, and potentially affecting immigration status.
Do Nurses Have to Disclose Misdemeanor Convictions?
New nursing applicants face criminal background checks so it’s almost impossible to conceal a misdemeanor or felony conviction. Even expunged convictions should be reported, as the BRN still considers them when evaluating an applicant’s fitness for licensure.
The only exceptions to the BRN’s disclosure rules are minor traffic violations that do not involve alcohol or drugs.
The BRN asks directly about convictions on the license renewal application form. Providing false or misleading information can lead to disciplinary action, license suspension or revocation. Conversely, self-reporting demonstrates accountability and transparency, which can be viewed in a positive light.
Factors Considered by the BRN After a Conviction
When the BRN conducts its investigation and evaluates the appropriate disciplinary action for a misdemeanor conviction, it will consider the following factors:
- The disciplinary record of the nurse: Any history of previous violations may make the penalties more severe.
- The severity of the crime: A felony conviction will have more severe consequences than a misdemeanor.
- The recency of the conviction: A conviction within the last seven years is looked at more closely.
- The nature of the crime: Crimes are viewed more seriously if they involve violence, fraud or substance abuse.
- Steps towards rehabilitation: Clear evidence that a nurse attempted rehabilitation or sought treatment after a DUI or substance abuse conviction will generally be viewed favorably.
Before the Board takes action, nurses have the right to appear at a hearing at the Office of Administrative Hearings with an administrative law judge presiding. Legal assistance may be sought for this hearing,
How a Seasoned Criminal Defense Lawyer Can Help Nurses Protect Their Careers
A skilled criminal defense lawyer can help prevent or mitigate a misdemeanor conviction. A misdemeanor conviction can cause many issues for licensed professionals in sensitive professions like nursing.
Reducing the consequences for a nurse’s career starts with vigorously and skillfully defending the criminal charge. A suitable plea bargain may be necessary to avoid a detrimental conviction. However, should the prosecutor fail to offer a favorable plea bargain, the case may proceed to trial with the goal of obtaining a not guilty verdict.
Depending on the nature of the criminal charge, your criminal defense lawyer will thoroughly investigate the charges, gather evidence to start building a defense, protect your legal rights, liaise with prosecutors, and work to reduce the impact on your professional career and your RN license.
Even if a conviction results from a misdemeanor charge, the most negative consequences for a nurse’s career can often be reduced by understanding the regulatory requirements and taking proactive steps.
Call us today at 855-918-4253 or contact us online if you are a nurse facing criminal charges and looking to protect your legal rights and career.
