criminal history -mental illness

llg, PhD, RN · Apr 23, 2015

If you want to know the true legal answer to your question, you'll have to talk to a lawyer about the specific laws in Texas. We are nurses here, not lawyers.

However ... in general ... people granted the privilege of being a nurse (or physician, pharmacist, etc.) have to be willing to reveal things to the State Board so that the Board can determine whether or not you would pose a threat to society if you were granted an RN license. Schools are also entitled to some information as they are the ones giving you patient access prior to your receipt of a license. So my guess is that what the school is asking for is probably legal -- but you'd have to ask an attorney to find out exactly where the lines are drawn.

If you want a career in health care, get used to it. You'll have to go through a health screening and/or criminal background check for many (most?) jobs. The public has a right to know that the people providing their health care have met established standards and pose no known risk to them.

Been there,done that, ASN, RN · Apr 23, 2015

This is not about protecting YOUR privacy. This is about determining if you are have the mental capacity , integrity, and judgement necessary to provide patient care.

You must disclose the information requested. If you feel you need to hide this background.. rethink your application.

2blvnnurse2016 · Apr 23, 2015

Thanks guys! I appreciate your feedback. I filled out the documentation form and will have my Doctor write a letter to them.

Home Health Columnist / Guide · Apr 24, 2015

Moved to Nursing Licensure With A Criminal History --see our FAQ section at top.

If you have a criminal history regardless of whether or not it has been expunged/sealed/deferred you need to ASK THE BoN!
More and more states are requiring fingerprints as part of a FBI background check. If you have an expunged/sealed/deferred criminal record IT WILL SHOW UP.
Utah gives a very clear warning of this right on their application:

WARNING:
If information received from the Utah Bureau of Criminal Identification or the Federal Bureau of Investigation indicates that you have failed to accurately disclose your criminal history to the Division of Occupational and Professional Licensing, any nurse license issued to you will be immediately and automatically revoked.
http://www.dopl.utah.gov/licensing/f...012_RN_LPN.pdf

If you fail to clarify this issue with the BoN in advance and you answer "no" on the application when you should have answer "yes" and an FBI or State fingerprint check returns a crime you will probably not be issued a license and if one has already been issued it will be revoked.

Same goes with disclosing Mental illness: if you answered NO and BON found out about illness, would be considered fraudulent application and license revoked.

Your doing right thing by having doctor submit letter. Worked with an RN with Bipolar illness, who was able to reinstate license after years being just mother and having been hospitalized as physicians supported return to nursing, compliant with appointments and medication+ counseling tx and stable emotionally. Darn good nurse too, glad to have worked with her.

BabyRN2Be · May 20, 2015

Think of it this way: 150 people aboard a Germanwings flight would be alive and well if a pilot had been honest about his mental health history.

Adele_Michal7, ASN, RN · Jun 5, 2015

This is not about protecting YOUR privacy. This is about determining if you are have the mental capacity , integrity, and judgement necessary to provide patient care.
You must disclose the information requested. If you feel you need to hide this background.. rethink your application.

I respectfully disagree in some cases. This should be evaluated on a case by case basis. For example, I don't believe a simple case of mild depression needs to be reported....