A felony conviction presents a serious threat to a nursing license, though the outcome varies significantly based on state jurisdiction and the specifics of the case. Determining whether a license will be lost requires a detailed review of the crime, governing laws, and the nurse’s professional standing. While conviction raises immediate concerns about fitness for practice, the determining body evaluates each situation individually.
The Licensing Authority and Reporting Requirements
The State Board of Nursing (BON) holds the statutory authority to regulate nursing practice and protect the public interest within its state. This mandate involves a process separate from the criminal court system, meaning an administrative licensing review occurs even after a judicial outcome. The BON can initiate disciplinary action regardless of the criminal sentence, focusing instead on the nurse’s integrity and ability to safely deliver care.
Licensed nurses have a mandatory obligation to report felony convictions to the BON, often within a short timeframe, such as 30 to 90 days of the final judgment. This requirement typically covers a guilty verdict, a plea of guilty, or a plea of nolo contendere, even if adjudication is withheld or the record is later expunged. Failure to disclose a conviction is a separate ground for disciplinary action, which the board views as an act of dishonesty.
Factors That Determine Disciplinary Action
When a felony conviction is reported, the BON conducts a detailed evaluation based on several core criteria to determine the appropriate disciplinary action. One of the most important factors is the connection between the crime and professional nursing practice, known as the “nexus” or “substantial relation” to the nurse’s duties. Crimes that directly involve patient safety, the misuse of professional access, or a breach of public trust are considered highly relevant.
The board scrutinizes whether the crime relates to drug handling, fraud, theft, or violence against vulnerable individuals, as these suggest unfitness for nursing. The time passed since the felony is also a significant consideration, with more recent crimes posing a greater risk to licensure. Boards often look at the age of the individual when the crime was committed, considering juvenile offenses differently than adult offenses.
The board places a strong focus on the evidence of rehabilitation presented by the nurse after the conviction. This proof includes successful completion of probation, parole, or community service, as well as participation in counseling or treatment programs. Documentation demonstrating genuine remorse, commitment to recovery, and a change in lifestyle can mitigate the severity of the disciplinary action.
Common Felonies Affecting Nursing Licensure
Certain categories of felonies pose a particularly high risk of license revocation because they directly undermine the core duties and trust inherent in the profession. Crimes involving controlled substances are a major concern, especially felony drug diversion, possession with intent to sell, or prescription fraud, as these actions violate the nurse’s access to medications and compromise patient care. These offenses often lead to disciplinary action because they demonstrate a potential for substance use disorder or misuse of professional privileges.
Felonies against persons, such as aggravated assault, battery, or violent crimes, suggest a risk to patient safety and violate the trust placed in nurses. Crimes like felony child abuse or elder abuse are viewed with extreme severity, often leading to automatic disqualification or revocation. Financial crimes and fraud, including Medicaid fraud, theft from an employer, or grand theft, indicate a lack of honesty and integrity.
Felonies demonstrating dishonesty, deceit, or depravity—known as “crimes of moral turpitude”—also apply, such as forgery or embezzlement. These crimes are seen as incompatible with the ethical obligations of a nurse who handles sensitive information and patient resources. Even if a conviction is expunged, the board will still review the underlying offense and require a full explanation.
The Disciplinary Process and Potential Outcomes
Once the BON receives notification of a felony conviction, the disciplinary process begins with an initial investigation to gather facts and documentation. This phase often involves reviewing court records, police reports, and the nurse’s written explanation of the circumstances. Following the investigation, the board may issue a formal complaint or charge, outlining specific violations of the Nurse Practice Act.
The nurse is then entitled to an administrative hearing, which functions as a mini-trial before an administrative law judge. During this hearing, the board presents its case for disciplinary action, and the nurse, ideally with legal representation, presents a defense and evidence of rehabilitation. Legal counsel is necessary to navigate the procedural complexities.
The final board decision involves a spectrum of possible disciplinary actions, with revocation being the most severe outcome. Less drastic actions include license suspension for a set period, probation with strict conditions, or a public reprimand. Conditions of probation often include mandatory drug testing, supervision at work, completion of counseling, or limits on where the nurse can practice.
Seeking Licensure After a Felony Conviction
Individuals with a felony conviction attempting to obtain a nursing license for the first time face a distinct process from currently licensed nurses. Licensing boards require applicants to demonstrate “Good Moral Character” as a prerequisite for initial licensure. This standard requires applicants to disclose all criminal convictions, sometimes including charges that did not result in a conviction.
An applicant with a prior felony conviction must often undergo a petition or waiver process, placing a significant burden of proof on them to demonstrate fitness for practice. The applicant must provide a detailed personal statement, court documents, and evidence of full compliance with all sentencing requirements, such as restitution and parole. Boards look for compelling proof of sustained rehabilitation, including the time elapsed since the crime and statements of good character from community members or employers.