Question regarding criminal case

Editorial Team / Admin · Aug 16, 2023

There's likely variation between states, but here's what one BON (CA) says:

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License Discipline and Convictions

Upon renewal of a registered nurse license, the Board requires licensees to indicate if they have had any license disciplined by a government agency or other disciplinary body; or if they have been convicted of any crime in any state, U.S. territory, military court or other country since they last renewed their license.

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Frequently Asked Questions

Do you have to report an arrest if you were not convicted?
No. You only need to report an arrest if you were convicted.

https://www.RN.ca.gov/enforcement/convictions.shtml#:~:text=convictions or discipline.-,Frequently Asked Questions,arrest if you were convicted.

Home Health Columnist / Guide · Aug 16, 2023

You need to check your state board of nurses regulations (BON link bottom every allnurses page. Some want to know of criminal case, others only require convictions to be reported.

PA BON Registered Nurse regulations require:

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§ 21.29a. Reporting of crimes and disciplinary action

(a)  A registered nurse shall notify the Board of pending criminal charges within 30 days of the filing of the criminal charges or on the biennial renewal application under §  21.29(c)(4) (relating to expiration and renewal of license), whichever is sooner.

(b)  A registered nurse shall notify the Board of a criminal conviction, plea of guilty or nolo contendere, or an admission into a probation without verdict or accelerated rehabilitative disposition program within 30 days of the disposition or on the biennial renewal application under §  21.29(c)(4), whichever is sooner.

(c)  A registered nurse shall notify the Board of disciplinary action in the nature of a final order taken against the registered nurse by the licensing authority of another state, territory or country within 90 days of receiving notice of the disciplinary action, or on the biennial renewal application under §  21.29(c)(4), whichever is sooner.

NEW - Act 53: Information for Individuals with Criminal Convictions

Crimes Directly Related to the Professions of Nursing and Dietetics-Nutrition

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..crimes on the list of crimes that has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the profession.

...The Texas and Delaware boards of nursing have previously published similar lists of crimes directly related to the profession.

Effect of Being Convicted of a Crime Found on the List
Having a criminal conviction that is on the list is not necessarily a bar to licensure, nor does it mean that an applicant will not be granted a license. The Board will do the analysis of the crime as required by Act 53 and make a determination. As has been the Board's practice, an applicant will be asked to provide a personal statement regarding the conviction with their application to put the crime into context and provide any mitigation for the Board to consider. In recent years the Board has denied very few license applications based on a criminal conviction.

If a current licensee is convicted of a crime on the list, they still have due process protections before any discipline would be imposed upon the license. The exception to this is the automatic suspension of the license for felony drug trafficking convictions under the Controlled Substance, Device and Cosmetic Act (Drug Act) and the automatic suspension for misdemeanor convictions under the Drug Act. There the license is suspended by operation of law and the licensee has an opportunity for a hearing after the suspension of the lice

Please seek the advice of a nurse-attorney with experience appearing before a BON; The American Association of Nurse Attorneys has state lists.

Best wishes in resolving situation.