Nursing and Direct Action

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So I'm a nurse and an activist. Before getting licensed I've engaged in illegal protests, actions, and demonstrations. I've been arrested for misdemeanor trespassing and several other incidents involving non violent civil disobedience. I am still very much involved in my activist communities but as someone with a lot of privilege I would like to engage in actions where I am potentially or definitely going to be arrested. Mind you all of the actions I engage in and intend to be arrested are all small misdemeanor charges. My record outside of activism is otherwise clean. I'm not interested in debating the ethics of political tactics or my choice to engage in illegal non violent forms of protest. I am interested in hearing from other nurses who are also very active and how this might impact my license. I will absolutely put my comfort and safety on the line to stand for what I feel is right, but I have more apprehension about putting my license on the line. Does the board typically care about politically motivated crimes? Any other activists out there I'd love to hear from you, especially experiences with the BON for political engagement.

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Why not ask the BON? Each medical facility will likely respond differently to this. One concern of theirs might be that if you are arrested you can't show up to work.

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When you renew your license the BON will ask have you been arrested or criminally charged with a crime? Depending on the state you are also required to report criminal activity as it occurs, including some misdemeanors.

Keep in mind if the BON doesn't hold you accountable your employer might. Other employers may also choose to not hire you because of your political activities citing your character as a concern. I'm not saying it's a just cause, I'm just saying be aware of your actions cause they can/may be used to against you by employers and/or the BON.

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I have known at least one nursing school graduate who was not allowed to test for licensing due to a moving traffic violation. In light of that, I don’t see how you can rest easy. Another example are those nurses who have been threatened to have their licenses pulled because they owe state income taxes. I think you are playing with fire if you are concerned about your license.

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13 hours ago, caliotter3 said:

I have known at least one nursing school graduate who was not allowed to test for licensing due to a moving traffic violation. In light of that, I don’t see how you can rest easy. Another example are those nurses who have been threatened to have their licenses pulled because they owe state income taxes. I think you are playing with fire if you are concerned about your license.

I agree, in fact you should probably pick either nursing or activism but not both.

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Specializes in Vents, Telemetry, Home Care, Home infusion.

BON will care at license renewal time- in most states you have to answer question: Have you been arrested or criminally charged with a crime?

Yes answers will be flagged for review. Section for explanation opens up on some renewal forms +/or request to submit documents to BON for review, which may hold up license renewal. So gather together your documentation well in advance of renewal time.

AN's Ask An Attorney Lorie Brown RN, M.N, JD may provide more info.

https://allnurses.com/legal-advice-column-c224/

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Specializes in Telemetry/Step Down.

I personally don't have records on my name so I am speaking more from hypothetical perspective but I think there is still a way to be an activist and a nurse. You do have to understand that you will need to change the way you view activism.

Off the top of my head, there are a few possibilities. Instead of participating in events that will likely get you arrested, go to public hearings and make statements about topics you are passionate about. Become ombudsman and protect the elderly who cannot do it on their own. Call/write to your legislators about changes you'd like to see.

And last but not least, remember that nurses are patient advocates and there will be opportunities for you to work with underprivileged populations in public health/community nursing and speak out about issues in these areas...which are many.

I don't know what state you are in but as other have already suggested, if you already have records on your name, I'd definitely get in touch with an attorney just to have a clear understanding of what to expect in the future.

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Specializes in Peds ED.

This is something I’ve always been worried about and have never felt comfortable finding out about through experience. I still go to protests but especially with the current political landscape that is being very repressive towards social justice activists (the move to charge protesters with felonies rather than misdemeanors) is especially scary.

I would look for other ways to use your privilege: beyond protesting there’s a huge need to organize our communities around mutual aid and reduce dependence on repressive state structures. Protests use street medics and your help with first aid and first aid education is important. And there’s also a move towards dearresting and doing the action without being arrested as well.

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Specializes in Critical Care.

I would keep in mind that while your intent may be to only be arrested for a misdemeanor, your intent has nothing to do with what you will be charged with.

In many cases, the same act that will typically get you charged with a misdemeanor could also be charged as a felony based on the whims of the prosecutor.  

Since there won't often be any big difference in punishment between the two, prosecutors will often settle for misdemeanor charges.  However as a nurse there is a huge difference between a misdemeanor and felony charge even though the sentence might be the same, which may make it tempting for a prosecutor to pursue felony charges against a nurse.  

Becoming a nurse is a big investment in terms of time and money to risk on a felony charge related to protesting, so I would be very very sure the benefits of your involvement in such a protest would be worth loosing that investment.  

But also, I know you said weren't looking for political views, but if your method of protesting infringes on the rights of others to the point where you could be charged with a felony, then you really aren't benefiting your cause, you're giving it a bad name.  

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Specializes in Peds ED.
14 minutes ago, MunoRN said:

 

But also, I know you said weren't looking for political views, but if your method of protesting infringes on the rights of others to the point where you could be charged with a felony, then you really aren't benefiting your cause, you're giving it a bad name.  

Direct action protest is often not a public relations campaign, but a method to make it costly, difficult, or impossible for an injustice to be carried out. And with the way protests are being policed now, felonies are being aggressively pursued based more on politics than actions. 

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Specializes in Psych, Addictions, SOL (Student of Life).

Have been under the gun of the BON in the past I would never do anything that causes them to be a part of my life again. 

OP there are plenty of ways to take direct action without purposely setting out to get arrested. If you want change use your woerds and actions effectively. 

Hppy

 

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Specializes in retired LTC.

For sake of conversation, I'm going to pretend that I'm a BON member. And this applicant's situation has come to my attn.

Now I think ... this OP is doing some activity and it's legally wrong. And she knowingly, willingly, and deliberately still undertakes that action. Now it's not really a terrible infraction, but it is still ILLEGAL and she KNOWS it and still DOES IT!  And knowing that a likely end result will be an arrest!?!?!?!

I'm still thinking ...  she has a blatant disregard for the law and authorities. And thinks it's OK to disobey. Is this the best profile of a responsible professional who is in a career position of importance for the safety & welfare of others? What other situations will she take upon herself to disregard and/or violate. Does she roll around right-hand corners without coming to a good stop? Does she allow her dog to poop on the neighbor's lawn? Small potatoes! Then what if she disagrees with a med order?  Hmmm? And at a party, she knows she should have stopped at 2 drinks but now has finished 3+ and has to drive home by herself.

Anything else that she believes to be contrary, yet she'll do? Like so what if she feels this is her right to speak her political voice for a BIG illegality or a SMALL illegality???

Sorry! I think this is a slippery slope for a BON member to have to split hairs over. We all know, their job is to protect the public. For what they believe to be safety from questionable licensees. And they do that VIGOROUSLY!

I'm being hypothetical, but what would be the concern here for BON members to allow OP's career continuance as an admitted lawbreaker? I realize there has been no reference to any nsg misdeeds. Nor any intent to do so. But the seeds of suspicion are planted. OP is a supporter of civil disobedience, and to her, it's OK to break the law.

NB: This is an older post and OP hasn't been around since posting.

 

 

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