DUI and Employment: Should Nurses Inform Their Employer About A DUI Conviction
The California State Board of Nursing says that
it can consider disciplinary action for any unprofessional (unethical)
conduct under the Nurse Practice Act, which is seen in the California
Business and Professions Code and the Title 16 California Code of
DUI and Employment: How Nurses Are Affected In The State Of California
Basically, the board has the power to discipline any certified or licensed nurse for drinking alcohol or using drugs in a way that’s thought to be dangerous or causing injuries to themselves or other people. Thus, a nurse who has been arrested for and convicted of a DUI with injuries may be subjected to a Board of Nursing punishment.
Employment: What Are The Powers Of The California State Board Of Nursing
The Board of Nursing has the power to discipline nurses for problems that stems from drugs or alcohol. The board has complete and total power to discipline members who are convicted of criminal offenses that involve a controlled substance defined by Division 10 of the Health and Safety Code or other dangerous drugs or devices found in Section 4022.
The Board can also discipline people who dispense, use or possess a controlled substance that will end in a conviction either through a plea deal or a guilty charge.
Nurses, DUI and Employment: Should Convictions Be Reported
It’s very important nurses let their employers know about any felony convictions straight away. They need to also report misdemeanor or felony substance/DUI related convictions that relate to their professional activities. This includes convictions that are thought to be convey unprofessional conduct or in circumstances where the court orders them to do in-patient/outpatient substance abuse program.
Failure To Report The Convictions: What Are The Penalties Nurses Suffer
When a nurse forgets to report his/her conviction or guilty plea, they could face harsher penalties and serious professional discipline. The courts tend to send out notifications to most professional boards every time one of their licensed professionals is convicted of a crime, no matter what the crime is.
Even if a nurse’s professional status is not said in court, the Board receives the notice because the information is cross-referenced with professional directories. Nurses have to give their fingertips when applying for or renewing their license. That’s how the Board learns of a nurse’s criminal record.
DUI and Employment: When Will The Board of Nursing Take Action On A Case
So when can a board take action on a DUI and employment?
1 – After the time to appeal the conviction occurs.
2 – Conviction is upheld in appeal court.
3 – When order to concede probation is prepared to suspend sentence obligation
When a nurse pleads guilty or has been convicted, the board will receive a court notice but may wait to take any action until the conviction is set. Boards usually look favorably on nurses who let them know about their criminal action and are very cooperative during the process. Nurses need to mindful of the possibility of being acquitted of a DUI and telling the Board too early.
DUI and Employment: Will Nurses Be Fired For A Conviction
Every case is different. Thus, all facts will be reviewed in each case. Facts include”
- Nature of act
- Prior criminal history
- Potential harm made to public
- Disciplinary record
The Board will take a conviction as proof of the nurse’s wrongdoing and unprofessional conduct. However, the Board will want to hear his/her side of the story before making any judgments. It’ll take into account the circumstances surrounding the conviction and whether or not any rehabilitation was done.
It’s important to understand that DUI and employment do go hand in hand but any crime that relates to the job performance will be seriously looked at. If you’re a nurse who is facing a criminal conviction such as a DUI conviction, you must employ the services of the best criminal defense lawyer possible; someone who knows what he/she is doing and has only your best interest at heart.
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