A license to practice is vital to a nurse in Kentucky. You don’t even have to be convicted of a crime to face potential reprimand, probation, suspension or revocation of your license. A minor DUI charge could lead to hours of classes and rehabilitation, or even losing your license. This is why if you are charged with a crime, or have received notice of an administrative hearing it is absolutely vital that you obtain a Kentucky lawyer that can help in criminal court and with the nursing board. Here are three things you need to know if you think your license to nurse might be in jeopardy:
1. You are Entitled To a Lawyer.
The investigation and disposition of complaints about nursing is governed by 201 KAR 20:161. Among many things, it governs the procedures that the nursing board must follow when someone is facing potential discipline. It refers to KRS 13B which is the Kentucky Revised Statute Chapter on administrative hearings. One thing that is clear about 13B hearings is that you are entitled to legal representation at all stages of the proceedings. Don’t wait until the actual hearing to get a lawyer either, because . . .
2. Not All Complaints or Convictions Lead to License Revocation
A lawyer can help negotiate an agreed order or consent degree prior to your hearing. This order could subject you to a lesser punishment than the hearing officer may have decided upon. Frequently people that take proactive steps to address the issue that led to their problem will receive a lower penalty. Most commonly this includes substance abuse counseling, but a creative lawyer could come up with other potential dispositions that keep you practicing your career.
3. You Don’t Have to Report All Criminal Convictions to the Board
KRS 314.109 governs what types of criminal convictions must be turned over to the nursing board. If you retain a lawyer that can help in both proceedings, they could help negotiate a result in criminal court that doesn’t require you to even report the case to the nursing board. Preventing a hearing from happening in the first place is the best defense for your license!
If you or a friend are in danger of disciplinary action from the nursing board, get a lawyer that knows the ins and outs of criminal court and administrative hearings. Our firm has been continuously operating for over thirty years and we have helped professionals of all types with licensing issues. We have won in court and we have won in administrative hearings and appeals.