the professional nursing law and the practical nurse law require that only persons with "good moral character" be licensed as registered nurses, licensed practical nurses and dietitian-nutritionists. most of us believe that we are of good moral character and have never been guilty of a crime of "moral turpitude," nor would we ever deceive the board of nursing.
however, the commonwealth court in moretti v.state board of pharmacy, 277 a.2d 516 (pa. cmwlth. 1971) has defined "moral turpitude" as "anything done knowingly contrary to justice, honesty or good morals." the state board of nursing has adopted and applied this definition in cases before it where the licensee is charged with having been convicted, pleading guilty, entering a plea of nolo contendere,or being found guilty of a felony or a crime of moral turpitude.
many licensees are also unaware that there are provisions in the practice acts for discipline of a license where the licensee has committed fraud or deceit in the practice of nursing or dietetics-nutrition, or in securing his or her admission to nursing practice or nursing school; or licensure as a dietitian-nutritionist. prosecuting attorneys for the department of state are increasingly utilizing this concept of fraud and deceit when filing formal charges against licensees. hence to the point, as you are aware, you are asked certain questions when you renew your license. "since your last renewal, have you been convicted, pleaded guilty, or entereda plea of nolo contendere, or received probation withoutverdict to any crime, felony or misdemeanor, including any dui/dwi or drug law violations, or are any criminal chargespending and unresolved in any state or jurisdiction?"
should you answer "no" and it is later determined you should have checked "yes," the prosecuting attorneys for the department of state may charge you with fraud and deceit in securing your continued license to practice and recommend disciplinary action against your license, in addition to any action with regard to the actual criminal matter. many licensees will state, "that's not fair, moral turpitude is something terrible, heinous." that was the old definition; that one stated above is the one currently utilized. other licensees will state, "i was innocent, but my lawyer advised me to plead guilty or nolo contendere; that nolo contendere wasn't the same as pleading guilty."
this is incorrect; the licensing laws consider a nolo contendere plea as well as a guilty plea.
a few say, "my lawyer said the charges were dropped." unless you have something in writing that says the charges were dropped, report it on the renewal form and explain that you think the charges were dropped. then attempt to obtain the documentation from your attorney or from the court in which the criminal matter occurred.
finally, one of the most common reporting problems is dui's and dwi's. many people do not view alcohol as a chemical dependency problem and say the dui or dwi was not an arrest but a traffic violation. incorrectly, many managers and administrators reinforce this misconception and believe unless the dui/dwi happened on the job, it's irrelevant. however, the board views dui's and dwi's as a drug or alcohol related conviction and requires licensees to report these on the biennial renewal.
the best advice the board can give a licensee is to tell the truth, check the right box and attach a personal explanation and court documentation. nurses and dietitian-nutritionists are good people and many problems with the law are minor and will not effect your license. reported criminal violations are reviewed by legal staff and in many cases do not pose a barrier to continued licensure. more licensees are getting into difficulty because they check "no" when they should have checked "yes." it may sound trite, but tell the truth and you will never go wrong.
