LPN with Felony Conviction

  1. 0
    My husband was convicted of diverting a prescription medication (lidocaine patch -- not a controlled substance). This conviction was a Class B felony. It has taken almost 2 years for the Nursing Board to prepare to consider his case. He has submitted his statement and we will wait however long for them to make a decision.

    I am looking for information about what to expect and what to prepare for long-term.

    Does anyone have experience in what the Nursing Board might do in such a situation? Is it most likely that he will lose his license altogether? There seem to be programs available to keep a nursing license IF there was a substance abuse problem--but that isn't the case here.

    If he is issued a reprimand or a probationary license--is there any hope of him finding another job?

    If he has to wait until 5 years have expired and go through the process of having the conviction vacated--would be able to renew his LPN license after that?

    Any advice/experiene/opinions would be helpful.

    Should he just bag it and try to retrain for another career at 56 years old?
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  3. 7 Comments so far...

  4. 0
    The Nursing Board (per a phone call today) appears likely to close the case without any action.

    Does anyone know where an LPN can possibly work if they have a felony conviction? Tech jobs, doctors offices, home health, LTC? If LTC, is it going to be facilitity-by-facility depending on their policies?
  5. 0
    In my state,a felony conviction will cause suspension of the license.
    Check your states BON,the information should be posted on their site.
  6. 0
    Probably needs to look at ramifications of long term unemployment. Would not waste money to retrain. Best bet might be temp agencies for non-critical placements.
  7. 0
    Frankly I would start looking for other employment in another field. A felony conviction, especially related to diverting medications away from a patient (narcotic or not), will keep him from getting a job in nursing. I can almost guarantee it. With the background checks that are done today, there is no way to hide it. If a facility hires him with this type of felony on is record and other drugs go missing or a patient under his care fails to get their required medications, they WILL be held responsible for his actions and can face strong sanctions/ fines by regulatory bodies, not to mention law suites from family members and patients. Most facilities won't take the risk.
  8. 0
    The medication wasn't diverted from another patient, but I don't suppose that will matter.

    Sigh...

    It doesn't look hopeful, does it?
  9. 0
    Members can not answer such legal questions or give advice. Please seek a lawyer or your state's board of nursing for answers.
  10. 0
    see info posted at top of nursing licensure with a criminal history forum and links below. only bon can make final decision. time to contact his malpractice carrier is now if insured. seek legal advice to appear before bon is imperative.

    the american association of nurse attorneys or local bar assoc can refer you to those with medical license/board litigation experience.

    example: wash state
    http://www.doh.wa.gov/hsqa/professio...ng/default.htm

    impaired professionals: washington health professional service (whps)

    best wishes for your spouse moving forward


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