If you are a practicing nurse in the state of California, a felony charge may impact your license status. In fact, a considerable part of the BRN (Board of Registered Nursing) disciplinary actions involve criminal convictions and charges. Thanks to the virtually instant electronic reporting systems, the board can not only learn of your criminal conviction, but it will also learn of when the prosecution files charges.

Even the filing of criminal charges against you can trigger a temporary license disciplinary action, often in the form of a license interim suspension order. If you are in this situation, you should consult a criminal defense lawyer knowledgeable about nursing licensing laws.

What Happens If You Are Charged With a Felony as a Practicing Nurse

If you are accused of a felony as a practicing nurse, the licensing board may serve you a motion for an ALJ (administrative law judge) to issue you an interim suspension order pending the outcome of the criminal case. You can challenge this motion, but you must act swiftly if you wish to continue to practice while your case is pending. A skilled license defense lawyer who is also knowledgeable in criminal defense can investigate the board’s accusation and gather evidence and data to challenge the interim suspension order.

Most nurses accused of felony offenses immediately seek criminal attorney representation. They assume that self-representation or do-it-yourself is not ideal as far as serious felony charges are concerned, and rightfully so. However, based on the type of legal counsel you hire, your nursing career could be severely affected, particularly if the criminal court finds you guilty.

If you are later found criminally liable for the felony, the BRN will automatically suspend your license. Then, it will immediately place you on the federal HHS (Health and Human Services) OIG (Office of Inspector General) List of Excluded Individuals or Entities. The board will also place you on the state’s Medi-Cal Program's Ineligible and Suspended Provider List.

What Appearing On The Medi-Cal Provider Exclusion and OIG Lists Means

Appearing on the Medi-Cal Provider Exclusion or OIG lists prevents a professional from practicing in a facility receiving State Medi-Cal funding or Federal Medicare. Healthcare facilities that accept Medi-Cal and Medicare funds are forbidden from hiring people on the unqualified provider lists. If these facilities employ the unqualified providers, they risk being sanctioned. Thus, if your name appears on either of the above lists, you cannot practice your nursing career essentially anywhere. That includes any duty in, for example, an administrative and clinical position.

Under California’s Medi-Cal statute, Sections 14123 and 14043.6 of the Welfare and Institutions Code require that the DHCS (Department of Health Care Services) suspend any Medi-Cal healthcare provider from being part of the state Medi-Cal whenever the facility or person has:

  • Been suspended or removed from the national Medicaid and Medicare programs for whatever reason

  • Been found criminally liable for any felony violation involving fraud, abusing patients or the state Medi-Cal, or otherwise substantially connected to a service provider's functions, duties, or qualifications.

  • Surrendered or lost a certificate, license, or other approval to offer health care services.

  • Breached a contract with the Department, clearly specifying inclusion on the list due to the violation.

If you violated the NPA (Nursing Practice Act) by one or more of the above actions, your license to practice nursing will automatically go into suspension. You will additionally be stripped of the legal right to your administrative hearing.

Appealing your appearance on the mentioned lists is possible. However, to cease appearing on the state Medi-Cal list, you first must be deleted from the federal OIG list. That is a lengthy and intricate process and usually requires having the BRN reinstate your professional license.

Felonies That Can Raise Concerns

Some felony crimes might prevent you from continuing to practice as a nurse. These typically entail elder abuse, crimes against vulnerable populations, or sexual assault. Also, any crime that shows violence, risk, or dishonesty to patients can be a major red flag. The BRN closely considers these situations. Sometimes, the BRN rules or a decision by a federal office might say you cannot do any work that serves the public. Still, every case is reviewed on an individual basis.

Some kinds of felonies can result in more problems than others. The BRN considers these to decide whether you should continue practicing nursing:

Moral Turpitude Crimes

A crime involving moral turpitude is a violation that shows bad moral judgment. Examples are forgery, theft, and fraud. The BRN takes these crimes seriously since trust is essential to the job. Nurses can access patient records, private information, and medications. If you have a criminal record of theft or fraud, the BRN might view that as a severe issue.

Narcotics-Relates Felonies

Some drug charges might result in license suspension or revocation. This is particularly so if the charge involved using or dealing while on duty. If you have a drug-related charge on your criminal history and are a new applicant, the BRN will need evidence that you have changed. Presenting a clean record, rehab programs, and your plan to prevent future use will help you. Without that, the board may deny you your right to practice nursing. Each case is based on the present circumstances and your actions after facing charges.

Sex Crimes and Offenses Necessitating Registration

If your charge is for a sexual crime or an offense requiring sex offender registration, the BRN will likely view that as a severe danger to public safety and revoke your license. These offenses usually involve vulnerable populations, making it challenging for the board to allow you to continue to practice.

Even when the crime occurred several years ago, appearing on the sexual offender registry might still be seen as a primary concern when applying for a license. These convictions often result in automatic disqualification with no further review.

Crimes Involving Harm or Violence to Others

Felonies such as aggravated battery, aggravated assault, or other violent offenses raise severe concerns. These violations suggest a danger to patient safety. The BRN is strict on safeguarding people in clinics and hospitals. Nurses take care of the sick and weak, and trust is paramount. If your criminal history exhibits violence, the BRN might view it as a basis to revoke your license.

These are severe criminal charges. It is essential to talk to a qualified and skilled criminal defense lawyer promptly to obtain the responses to your concerns and counsel you towards the proper direction to solve your particular situation. Criminal offense necessitates a comprehensive understanding of the applicable laws, and navigating the legal justice system can be daunting if you lack comprehension of the criminal process and the applicability of the laws. It could significantly backfire if you attempt to solve your case yourself. However, equally crucial is retaining a legal counsel who can also interpret licensing statutes.

A skilled counsel who can represent you in criminal court and before the BRN and strive to prevent your appearance on the state Medi-Cal provider and OIG exclusion lists may help you out of your situation.

What Happens When You Are a Convict Seeking Nursing Licensure?

The BRN does not issue a professional license to anybody with misdemeanor or felony convictions within the last seven years that are substantially related to a registered nurse's responsibilities, functions, and qualifications. Crimes the BRN Deems to be related to a nurse’s qualifications include, without limitation:

  • Dishonesty

  • Theft

  • Abusive or assaultive conduct

  • Deceit or fraud

  • Drug-related offenses

  • Practicing medicine with no license

  • Acquiring a license through fraud, mistake, or misrepresentation

Also, the BRN may disqualify individuals from becoming practicing nurses if they have criminal convictions for either:

  • Practicing necessitates tier III or tier II sex offender registration or

  • A serious felony, as defined under 1192.7 PC

Criminal convictions under this context include pleas of no contest and probation sentences that may later be deferred or expunged under 1203.4 PC or PC Section 1000 narcotics diversion.

Other forms of convictions you are mandated to report to the board when seeking a nursing license include the following:

  • A traffic ticket resulting in a court fine that exceeds $500

  • A misdemeanor, felony, or conviction that led to a nolo contendere plea

  • A conviction you have had the court expunge (that is, a conviction that the court deleted or struck from the official records).

  • A conviction that happened before you turned 18 years old

  • Dishonorable discharge or military convictions

records.

How You Can Protect Your License After a Criminal Charge

Being arrested and charged is more than an immediate restriction on your freedom as a nurse. An arrest or criminal charge can also threaten your license, livelihood, and professional reputation. If you are in this situation, these tips can help you resolve your case while protecting your license:

Aggressively Defend Against the Criminal Charges Against You

Do not do anything to fight your criminal charges without first talking to a knowledgeable and skilled criminal defense attorney. Even when you believe there is a slight chance to win the case, a criminal attorney can safeguard your civil rights and may successfully negotiate a more favorable solution to your case that lowers or removes the risk to your license.

Respond to the BRN With a Nursing License Defense Lawyer

The BRN might come to know about your arrest and criminal charges. Since you underwent the Live Scan FingerPrinting program, the BRN is usually notified of any of your arrests and criminal charges. After the board learns about the arrest and charges, it might need you to provide further information. You must provide the required information to avoid more problems with the board. However, you may also create problems for yourself should you respond improperly to the board’s request for more details.

How you respond to the board’s request for more information depends on what stage your criminal case is when the board made the request. For example, how you respond to the board’s request when your criminal charges are pending would differ from your response if convicted and waiting for sentencing.

A professional license lawyer can assist you in appropriately responding to the board’s request for more information. They can draft a response that does not jeopardize your criminal case or license. When the board sends you a request to provide further information, do not overlook it. Seek counsel from a knowledgeable attorney before filing your response.

Report Your Charge to the Board

If you have been accused of an offense, you are mandated to report the charge to the BRN. Similarly, if the criminal court finds you guilty of any criminal charge, you must report the conviction to the board within thirty days. The thirty-day period starts after the passing of the sentence, which may include court fines, a prison, or jail term, or probation. In addition, you must reveal the conviction when renewing your license. Not doing so can lead to your facing professional discipline.

Seek Guidance from a License Defense Lawyer

When facing criminal charges, there will more likely be several concerns. A nursing defense lawyer can work to safeguard your license and profession from the negative impacts of a conviction or criminal charge.

Hiring an attorney soon after being arrested or requested more information by the BRN can assist in mitigating later problems with safeguarding your license. The earlier you involve your lawyer in your criminal case, the more promptly they can help resolve your matter.

Factors the Board Considers Before Imposing Discipline for a Felony Charge or Conviction

If the board learns you have been charged or convicted of a felony, it will subject you to a disciplinary process independent of the court process. If it determines that you committed the violation, the board will impose disciplinary action. However, before that, it will consider various actors. The board does not just consider the charge alone; it also considers the entire picture, including your efforts to change.

Whether the Felony Charge Is Substantially Related to Nursing Duties, Functions, and Qualifications

The BRN checks whether the offense relates to a nurse's duties. If, for example, you are charged with a felony violation for patient abuse, the board might revoke or suspend your license immediately. If the crime occurred outside of work and did not entail the nursing profession, the board may consider allowing you to retain your license. The board looks at every situation distinctly.

Mitigating Factors

Mitigating circumstances are essential in fighting against BRN disciplinary action if charged with a felony. Whereas this evidence may not dispute the weight of the violation, it can assist in explaining it and might result in low-level disciplinary action.

For example, your license defense lawyer may draw testimony from family regarding unusual stressors present in your life if you were accused of an offense such as drug possession or DUI. These may include the serious illness or death of a family member. Again, this evidence does not downplay the violation. Instead, it outlines why it (the violation) may have happened.

Evidence of Rehab

Evidence of rehab can be essential to your criminal case. The board understands that even the most careful nurses may commit an error or experience a challenging time. Evidence of rehabilitation can be utilized to demonstrate that you acknowledge the circumstances that resulted in your committing the crime and are taking the necessary measures to ensure the incident will not recur. This may include things such as going to physiotherapy or enrolling in an alcohol or drug rehab program.

The board additionally provides its own intervention programs as an alternative to formal disciplinary action in cases that involve mental illness or an alcohol or drug abuse disorder. If you join any of these voluntary programs, you may receive recovery services rather than discipline. It is, however, essential to know the drawbacks and benefits of the programs before enrolling.

The intervention programs may enable you to prevent formal disciplinary action. However, they are challenging to complete and expensive and necessitate that your license become inactive for at least thirty days. Failing to complete the intervention program may lead to the BRN disciplinary process proceeding, with the likelihood of disciplinary action being imposed. If you face discipline for charges related to drug abuse, you want to speak with your attorney regarding whether the intervention program is an ideal alternative.

Other Elements

Your lawyer can also argue on other case elements besides presenting rehabilitation and mitigating evidence. Potential or actual harm to patients or the public is essential in deciding towards license revocation or suspension. Thus, your attorney might partner with experts and present evidence to prove slight or no harm to these parties. This might lead to lenient disciplinary action like suspension or probation, instead of revocation.

Find an Expert Professional License Defense Lawyer Near Me

If you face felony criminal charges as a licensed nurse, you need help from a lawyer who can fight for you in criminal court and before the BRN. Criminal consequences of a felony charge and the board's discipline can threaten your ability to continue practicing nursing. Conviction may, for example, lead to incarceration, resulting in your inability to practice. On the other hand, the BRN can revoke your license. ending your career. You need a skilled lawyer to protect your license, reputation, career prospects, and livelihood.

At The Legal Guardian, we have decades of expertise defending healthcare professionals, including nurses, in Long Beach against criminal charges and at the BRN disciplinary process. We can assist you in protecting and defending your nursing license, enabling you to continue doing what you love. Call us at 866-448-6811 to schedule a free consultation or learn more about how we can help you with your criminal or licensing issue.