Education
Can past transgressions derail a nursing profession?
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It’s greater than only a curiosity about crime history
Because boards of nursing have a responsibility to be sure that those that are licensed to practice nursing are protected and competent, they require all applicants for a nursing license to reply questions on their criminal history. These questions may include criminal convictions or misdemeanors, disciplinary actions, charges or arrests, DUI convictions, and other significant prior legal issues, as I wrote in one other blog on this topic. The applicant’s answers to those questions are then reviewed by the board through a criminal background check (CBC) and, in lots of states, fingerprinting. The Nurse Practice Act and its rules govern how an arrest or criminal conviction may affect your application for a nursing license. Some state statutes don’t distinguish between criminal histories that include charges directly related to practicing as a nurse, while other states do include such a connection. Additionally, aspects resembling an expungement of a conviction or the sealing of court records impact the assessment of an applicant’s ability to acquire an RN license. In some states, if an applicant has been convicted of certain crimes, resembling sex crimes or violent offenses, they usually are not eligible to use for an RN license.
How councils determine licensing eligibility
The nursing student is understandably concerned about her past accusations. However, it’s unimaginable to present a final answer about the possibilities of obtaining a license if all other conditions are met. This is because there are few rules that at all times apply to decisions made by nursing boards about an applicant’s past criminal conduct, excluding those convictions which are specifically designated as prohibitive. Rather, nursing boards make these decisions on a case-by-case basis. They may use guidelines developed by the National Council of State Boards of Nursing (NCSBN) regarding criminal background checks. While it’s unimaginable to cover every guideline on this blog, there are a couple of items price mentioning, especially in the event that they relate to a reader’s query. The first step in the rules concerns the nursing license application. Because the applying asks about criminal history, this student can be required to reveal the costs to the committee. The student didn’t state whether the misdemeanor charge was dismissed, whether it resulted in a conviction or acquittal, or a final court decision. Whatever happened must be described accurately and truthfully, and the statement should include the next details:
- Date of crime(s)
- Circumstances of committing the crime
- Court findings
- Court documents
- Current case status
The guidance also suggests that, based on the nursing committee’s list of minor offenses, if the coed’s personal statement and the CBC report are consistent and her explanations are credible, permission must be granted. However, if the coed’s explanation of the misconduct allegation raises doubts, the committee should proceed the assessment. It may examine aspects resembling:
- How long has it been for the reason that last offense
- Behavior and activity since last offense
- The nature and seriousness of the crime
- The relationship between crime and nursing care
What can a nursing student do?
If you might be in the same situation, keep the following tips in mind:
- Use a nurse or lawyer to assist you to submit your application.
- Under the guidance of your attorney, follow your state’s Nurse Practice Act and application process requirements regarding any criminal history.
- Never provide your lawyer or the council with false information in your application.
- Honestly and accurately provide details, documents and other evidence to support what happened.
- When using your lawyer’s advice, make sure you take note of any extenuating circumstances.
- If you might be asked to accomplish that, please appear before the commission together with your lawyer in order that the commission can interview you additional to ascertain your credibility and gather details about your criminal history.
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