What Crimes Should a Nurse Report to The Arizona Nursing Board? | Criminal Reporting
In reporting a misdemeanor, people often ask, what crimes should a nurse report to the Arizona Nursing Board?
According to § ARS 32-3208, it requires that licensees and applicants for licensure report misdemeanor criminal charges involving conduct that may affect patient safety or a felony to the health professional’s regulatory board within ten working days after the charge is filed.
It is illegal to commit a felony without reporting it within ten days of committing the crime.
The following types of misdemeanor or other criminal offenses/charges are crimes that the Board has determined to be reportable according to A.RS § 32-3208:
- Assault and Related Offenses
- Theft and Related Offenses
- Fraud, Deceit, and Related Offenses
- Abuse, Neglect, Exploitation of a Child or Vulnerable Adult, and Related Offenses
- Sexual and Related Offenses
- Drug and/or Alcohol Related Offenses
- Arson and Related Offenses
- Animal Abuse, Cruelty, and Related Offenses
Failure to report a reportable criminal charge within ten business days violates the Arizona Nurse Practice Act and could result in disciplinary action.
Links of Interest:
- How Long Does an Arizona Nurse Have to Report a Criminal Charge?
- Can a Nurse Work While Under Investigation with the Arizona Nursing Board?
DUI Criminal History
Nurses who contact our office frequently ask our attorneys if state law allows a nursing professional with a DUI legal charge or conviction to get a license with the Arizona State Board of Nursing.
The short answer is yes.
An Arizona Nurse DUI will not necessarily prevent a nurse from obtaining a license or a career in the health field. However, the Board (which handles all complaints) has a public policy (updated as of September 2020) on their website which covers the details of what circumstances nursing professionals with a case that resulted in a felony DUI criminal conviction can get a license.
Nursing License Criminal Consequences
This policy does not apply to criminal conduct involving misdemeanor DUI charges or convictions. Once a nursing professional applies for a license to practice with the Arizona State Board of Nursing, they need to disclose any felony DUI criminal court convictions (from previous years) on their application.
A nurse must report a felony DUI no matter how much time or years have passed since the conviction or case.
The AZ Board may also ask about past DUI misdemeanor criminal charges or cases that resulted in a conviction. The Board does this to ensure a nurse can perform safe patient care and have safe, direct contact with patients or other providers.
Disclosing a DUI on an Application for Nurses
Suppose a nursing license applicant (like an RN) is not required to disclose a legal misdemeanor DUI. In that case, the AZ Board can still initiate an investigation based on fingerprint background check results.
The Board will then contact the nursing professional and initiate an investigation in their practice utilizing the law of the Arizona Nurse Practice Act (current as of October 2020).
This license investigation determines whether the nurse is a danger to the public, has any medical or mental health problems, and whether the nurse has been rehabilitated since the criminal misdemeanor DUI or DUI charges occurred.
The Board wants to know whether the applicant can provide safe nursing care with a past criminal case involving alcohol or substance abuse.
Reporting a DUI Charge to the Arizona Board of Nursing
When a police officer issues a citation or arrest (which usually includes official charges) to a person, Arizona law requires that the nursing professional report any criminal misdemeanor charge that may affect patient safety to the Arizona State Board within ten business days.
Nurses must report all felony charges. Notably, some jurisdictions will only charge an individual if someone files a complaint with the court. The AZ Board has a page on its healthcare website which lists what misdemeanor charges the nurse must report.
The Board then reviews the investigators’ report to determine if any healthcare disciplinary action is necessary. It applies to both licensees and applicants for licensure.
It is considered unprofessional conduct if a nursing professional receives a charge from a police department or court and fails to self-report it within ten working days. The person can end up with disciplinary action and/or a fine. Failure to self-report can result in additional disciplinary actions.
Criminal Charges for Nurses with the Board
When a professional applies to the Arizona State Board of Nursing, they must disclose a felony criminal court conviction (and other similar offenses) on their application. A nurse must self-report a felony no matter how much time or years have passed since the conviction.
After self-reporting occurs, the Board contacts the nurse and initiates an investigation utilizing the law of the AZ Nurse Practice Act. The investigation helps to determine whether the nursing professional is a danger to the public, has any medical or mental health problems and whether the nurse has rehabilitated since the criminal incident occurred. Simply put, the Nursing Board wants to know whether the RN, LPN, or NP applicant can provide safe nursing care.
Arizona Nursing Mandatory Reporting
Current nurses who have received a conviction (or have been charged) since the time of licensing must self-report to the AZ Board of Nursing Examiners. When self-reporting, remember to include all facts on the criminal charges.
No matter the type of felony, you will be better off self-reporting to avoid severe penalties (like continuing education). These penalties could appear on your license verification with the scope of the offenses listed, including some details.
Protecting Your License During and After Reporting Crimes
For direct legal help, contact us today or see our Nursing License Defense Attorney page.