Nursing License Defense Attorney
As with any other type of medical professional, nurses obtain a special license in the Commonwealth of Pennsylvania in order to legally perform their duties. When a nurse becomes the object of a criminal accusation, the consequences and repercussions can be serious, potentially leading to the forfeiture of the nurse’s license to practice. If you are facing a criminal allegation that is threatening your career, it’s important to have a qualified and experienced nursing license defense attorney working on your behalf to protect your rights and your professional future.
At Fienman Defense, we understand the consequences you are facing in the aftermath of a criminal complaint or charge leveled against you as a nursing professional. Our team has the resources and experience to provide you with intelligent representation in the courtroom and also to advocate on your behalf for the preservation or reinstatement of your nursing license.
Call us today at (215) 839-9529, or contact us online to set up a consultation.
Types of Nursing Professionals Eligible for License Defense
Fienman Defense handles nursing license suspension and revocation issues that arise from criminal accusations placed against nurses in Pennsylvania. We are able to provide you with strong representation in both the criminal legal system, and the State’s administrative hearing process for nursing professionals, including (but not limited to):
- Nursing home nurses
- Registered nurses
- Licensed practical nurses
- Nursing assistants
- Nursing practitioners
- Emergency room nurses
- Nurse anesthetists
DUI Convictions as a Nurse
Can you be a nurse with a DUI charge and/or conviction? If you are a nurse in the Commonwealth of Pennsylvania and have been charged with or convicted of a DUI, you are required to report any of the following relevant information to the Pennsylvania State Board of Nursing at the biennial license renewal (or possibly sooner):
- Your conviction
- Your plea
- Any Accelerated Rehabilitative Disposition (ARD) program participation
- Any reciprocal discipline
The Pennsylvania State Board of Nursing, which operates under the Bureau of Professional and Occupational Affairs, is authorized to discipline you as a licensee when one or more of the following criteria apply:
- You pled guilty, were convicted, or received ARD for a misdemeanor or felony involving moral turpitude
- You are addicted to alcohol or another legal substance
- You present a clear and present danger to the health and safety of the public
- You acquired, possessed, distributed, or otherwise used a controlled substance for a purpose outside of an accepted medical reason
Addressing the Criminal Charges
Whether you’re charged with drunk driving, stealing the property of a patient, or another type of crime, it may be reported to the State Licensing Board. After such a report is made, you will be required to address the issue with the Board. It’s important to understand that any type of crime can be grounds for the suspension of your license.
Whether you are a licensed nurse with a DUI or you have been found guilty of some other offense, your license could be suspended for a period of time, or it could be revoked entirely – it all depends on the Board’s decision. Due to the possible consequences of losing your nursing license, it is vital to have an experienced nursing license defense attorney representing you in the face of any threats to your license and future.
Negotiation to Save Your License
Your attorney may be able to negotiate a reduction in the potential consequences you face regarding the charges against you. You will likely have to admit to either unlawful or unprofessional behavior in order to facilitate this type of agreement during the State’s administrative hearing process.
Order to Show Cause
In the event that formal charges are filed against you, an Order to Show Cause will be sent to issue. This is essentially a complaint outlining the facts of the allegations against you. The process will then move to a hearing of your case before the Board.
The Administrative Law Process
An experienced nursing license defense lawyer providing you with knowledgeable representation will understand the various aspects of Administrative Agency Law and the general rules, governing practices, and procedures of your hearing. At Fienman Defense, we take an active position on your behalf to obtain the necessary documentation from the prosecution in order to effectively defend your professional license. We know how the administrative hearing process works in all of its nuances, and we are highly equipped to negotiate the best possible outcome on your behalf.
A consent decree may be the best solution under certain circumstances in order to reduce the severity of the consequences you are facing. Fienman Defense can help negotiate a consent decree on your behalf that minimizes the sanctions against you, which may involve no loss of your professional nursing license.
Options to Avoid License Revocation
Although it is true that some nurses who are convicted of a crime face fines, jail time, and/or the loss of their professional license, this is not true in all situations. Depending on the specific facts of your case, you may be eligible to participate in a diversion program that enables you to retain or regain your license after completion. Each case is different and must be evaluated independently based on the nature of the offenses involved.
Contact an Experienced Nursing License Defense Lawyer
We understand that you worked hard to obtain your nursing license, and that the current threat against your livelihood can present long-lasting consequences for you and your family. At Fienman Defense, we have the capacity to defend you in both criminal and administrative hearing proceedings, and we will fight for the protection of your nursing license as well as the reduction, or possible elimination, of the charges against you.
Contact us today at (215) 839-9529 to get started with a case evaluation.