As a nurse in Philadelphia, your career is built on skill, compassion, trust, and professional integrity. But getting caught up and arrested for various criminal charges can jeopardize everything you’ve worked for, from your nursing license to your livelihood.
Whether it’s a DUI, drug-related offense, or an accusation of theft or assault, criminal charges can trigger not only the typical legal consequences but also an investigation and discipline by the Pennsylvania State Board of Nursing. Here, Philadelphia defense attorney Michael Fienman can guide you through what you need to know if you’re a nurse in Philadelphia facing criminal charges, including how to protect your career.
How Criminal Charges Impact Your Nursing Career
The consequences of criminal charges are serious for everyone, but nurses have more to consider beyond fines, a conviction on their record, and jail.
The Pennsylvania State Board of Nursing often launches investigations following various criminal charges, which can result in disciplinary actions like probation, suspension, or even revocation of your nursing license. Standard charges like DUI, drug possession, or theft of medications can happen to any nurse, and even personal incidents can trigger severe professional repercussions.
As a result, it’s critical for any nurse who is accused, arrested, or even questioned to take any criminal charge seriously and be proactive in protecting your career. Many nurses assume that informing their employer or trusting the process will be enough, but this can be risky. Your nursing license is at stake, and addressing the criminal charges and the potential consequences with the Nursing Board requires swift, strategic action. Consulting an experienced attorney who handles criminal and professional license defense can help you navigate such a delicate situation.
Common Criminal Charges Nurses Face & Penalties
Anyone can be charged with a crime, and nurses are no exception. However, due to the nature of your profession, charges often lead to action by the Pennsylvania State Board of Nursing. The most frequently seen situations for nurses and their potential consequences include:
- Nurses Driving Under the Influence: DUIs are one of the most frequent charges people face, including nurses and other medical professionals. A DUI conviction can lead to criminal penalties like fines, probation, or even jail time. However, beyond the court’s punishment, the Nursing Board may investigate whether the offense indicates issues that could impact your ability to practice safely. Nurses convicted of DUI may face disciplinary actions like license suspension, mandatory treatment programs, or conditions placed on their practice.
- Drug-Related Offenses: This could include possession of illegal drugs, prescription fraud, or drug diversion (stealing medications from work). These offenses are particularly serious for nurses, as they suggest a breach of trust and concern about substance abuse affecting patient care. Criminal penalties for drug charges can range from fines and probation to incarceration. On the professional side, the Nursing Board may revoke or suspend a license, especially in cases involving controlled substances.
- Improper Prescription Practices: Misusing prescription authority, such as over-prescribing medications or prescribing drugs without proper authorization, can result in criminal charges and professional sanctions. If convicted, nurses can face steep fines, probation, or imprisonment. The Nursing Board may suspend or revoke the nurse’s ability to prescribe and practice if found guilty of professional misconduct.
- Theft (Particularly of Medications): Nurses caught stealing medication or other items from patients or their workplace may face criminal theft charges. Theft charges can lead to fines, probation, and potentially jail time. Professionally, the Nursing Board may see this as a significant ethical breach, resulting in license suspension or revocation.
- Domestic Violence: If a nurse is charged with domestic violence, the legal consequences could include fines, restraining orders, or jail time. The Nursing Board could also intervene, especially if the offense raises concerns about anger management or fitness to practice in a high-stress environment.
When Do Nurses Have to Disclose Criminal Charges?
Nurses in Pennsylvania are legally required to disclose specific criminal charges to the State Board of Nursing, usually at the time of license renewal or sooner in most cases.
Charges that typically need to be disclosed include:
- Any felony convictions.
- Misdemeanors involving moral turpitude (offenses that involve dishonesty or unethical behavior, such as theft, fraud, or drug offenses).
- DUIs, especially those that result in a conviction, a plea of guilty, or participation in the Accelerated Rehabilitative Disposition (ARD) program.
Failure to disclose these charges can lead to immediate suspension, additional disciplinary measures, or permanent revocation of the nursing license. The Pennsylvania State Board of Nursing takes non-disclosure seriously, viewing it as an additional ethical violation. To avoid these severe consequences, it’s essential to consult with an experienced attorney who can help ensure you meet all disclosure requirements while also protecting your record and career.
What’s The Disciplinary Process for Nurses in PA?
When a nurse is charged, the Pennsylvania State Board of Nursing typically launches an investigation to determine whether the conduct warrants disciplinary action. This process begins with the Board reviewing the charges and collecting information such as police reports, court records, and statements from the involved parties. They may send their investigator to your home or place of business to gather additional evidence. If the Board finds sufficient grounds, they will issue an Order to Show Cause, formally detailing the allegations and giving the nurse a chance to respond with a written defense.
The next step is an administrative hearing, like a trial focused on professional licensing issues. The nurse can present evidence during the hearing, call witnesses, and defend their license. The Nursing Board will also present its case; an administrative judge will preside over the hearing, and a panel will decide the outcome. Depending on the findings, the nurse may face penalties such as:
- License Suspension: A temporary halt on practicing nursing, which could last anywhere from a few months to several years, depending on the severity of the charges.
- License Revocation: Permanent loss of the ability to practice nursing in Pennsylvania.
- Probation: Allowing the nurse to continue practicing under strict supervision and conditions, such as drug testing or attending mandatory treatment programs.
- Fines or Reprimands: The Board may issue formal (and private) reprimands or impose fines for minor infractions, often as part of a broader disciplinary decision.
Can You Appeal the Nursing Board’s Decision?
If a nurse disagrees with the outcome of a disciplinary hearing, they can appeal the decision, but this process can be time-consuming, costly, and complex. Appeals often involve presenting new arguments or evidence to a higher administrative body or court, requiring a strong legal strategy. The Pennsylvania State Board of Nursing focuses on public safety. It may take disciplinary action even for minor charges if they believe the nurse’s conduct poses a risk to patients or violates ethical standards.
Having an experienced attorney who understands both criminal and administrative law is crucial for navigating the hearing and any potential appeals, ensuring your rights and career are fully protected.
Philly’s Nurses Deserve an Advocate to Fight for Them
Nurses in Philadelphia work hard to build their careers, often with top employers like Penn Medicine, Jefferson Health, and CHOP. But when criminal charges arise, it’s easy to feel overwhelmed and assume the administrative process will handle things fairly or that nothing can help their case. However, trusting the system alone can lead to overly harsh outcomes. You deserve an experienced lawyer who will defend your interests and ensure one mistake or misunderstanding doesn’t needlessly destroy your career.
Even if the outcome forces you to leave one employer or face sanctions, Philadelphia’s healthcare industry is large, with opportunities for skilled, licensed nurses. But protecting your future means not accepting your fate passively. With the right legal counsel, you can minimize the damage and preserve your ability to practice.
One criminal charge or disciplinary action doesn’t have to end your nursing career—especially if you have someone fighting to ensure you’re treated fairly.
Our Record Defending Nurses
Attorney Michael Fienman has successfully defended nurses across Philadelphia, helping them avoid severe penalties and protect their credentials. From drug theft accusations to DUIs and assaults, Fienman has helped countless nurses navigate both criminal proceedings and Board investigations.
Whether through negotiating consent agreements, challenging evidence, or demonstrating an accuser’s lack of credibility, Mr. Fienman has repeatedly kept nurses on the job and their licenses intact.
- Nurse Avoids License Suspension for Drug Theft: After being accused of stealing medication, our client was able to avoid a license suspension by entering into a consent agreement, completing probation, and taking an ethics course.
- Nurse Protects License After DUI Conviction: A DUI conviction didn’t end this nurse’s career thanks to a carefully planned defense that prevented the nursing board from taking harsh action.
- Nurse Avoids Assault Conviction to Protect License: In a case involving assault, the defense was able to demonstrate that the accuser was not credible, leading to the case being withdrawn and the nurse keeping her license.
Are You a Nurse Facing Charges? Call Fienman Today
With the right defense, protecting your freedom and nursing license is possible. Contact attorney Mike Fienman to discuss your case and develop a strategy if you’re in this situation. Reach out online or call (215) 839-9529 for a free and confidential consultation. We’ll review your case, explain your options, and work to achieve the best outcome for you
Attorney Michael H. Fienman represents clients in criminal and traffic matters across Philadelphia, Montgomery, Bucks, Delaware, and Chester counties. As an experienced local attorney, he is a zealous advocate. Attorney Fienman is licensed to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the US District Court for the District of New Jersey, and the US District Court for the Eastern District of Pennsylvania.
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