Arizona Board of Nursing DUI

An Arizona nurse who is charged with a DUI not only has to worry about the criminal consequences, but the professional repercussions with the Arizona Board of Nursing (“Board”) as well.  Arizona law holds that any health professional who has been charged with a misdemeanor involving conduct that may affect patient safety (this includes a DUI) must notify their licensing board in writing within 10 business days after the charge is filed.  Read the Arizona Board of Nursing Substance Abuse Guidelines.

Being charged with a crime means that a police officer has issued an arrest or citation and has sent copies of their report to the prosecutor’s office for review.    Failure to report the criminal charge within 10 business days will result in an act of unprofessional conduct and the Board may impose a fine in addition to disciplinary action.  Many professionals are given bad advice from their criminal defense attorney and are told they only have to report a conviction.  This is not true.

Here are some common questions professionals have regarding reporting a DUI charge to a licensing board:

Q: If you have been charged with a DUI, what is the best way to inform your Board?

A: Contact me (an attorney) within 10 days of you being charged with a DUI and I can assist in drafting a response.

Q: What happens once I report the charge to the Board?

A: The Board will initiate an investigation and you will eventually have to go in front of the Board.

Q: What will the investigator look at?

A: Many things:

  • What your Blood Alcohol Content (BAC) was.
  • If you are charged with an Extreme DUI, it is likely that the Board will order an addiction evaluation.
  • How many prior DUI convictions you have had.
  • Whether you have a history of substance abuse.
  • Do you have a record of substance abuse with your past employers.

Being charged with a DUI is an offense that every nurse should take seriously.  The best advice I can give is to contact me immediately.  Losing your driver’s license is one thing, but losing your professional license is something that must be avoided at all costs.

If you have been charged with a DUI and are concerned about the repercussions it will have with the Arizona Board of Nursing contact Arizona Board of Nursing DUI with Chelle Law.

Arizona Nursing Felony Convictions

There are many laws that affect nurses or deal with the practice of nursing in Arizona.  The majority of the laws regarding the practice of nursing are held within the Arizona Revised Statutes “A.R.S.”.  Under the A.R.S. 32-1667 a person is guilty of a Class 6 felony who:

1.  Sells or fraudulently obtains or furnishes any nursing diploma, certificate, license, permit or record.

2.  Engages in any conduct prohibited by Arizona nursing laws. (Read a previous blog explaining the prohibited conduct).

3.  Operates a training or educational program regulated by Arizona nursing law unless the program is a currently approved program.

4.  Practices nursing or obtains a nursing position through fraudulent representation or a fraudulent diploma, license or permit.

Read the code of Arizona Nursing Felonies. A class 6 felony is the least severe felony conviction, but can lead to penalties of up to 2 years in prison.  However, a first time felony offender who is convicted of a class 6 felony not involving a dangerous offense will likely only see 3 months in prison if there are mitigating circumstances.

If you have a question about Arizona Nursing Felony Convictions under the Arizona Revised Statutes contact Chelle Law.

Arizona Nursing Unlawful Acts

Arizona Nursing Unlawful ActsThere are many acts a nurse licensed or certified in Arizona can be disciplined for that is not illegal per se according to A.R.S. 32-1666.  In fact, all individuals who are licensed or certified by the state are held to a higher standard than the general public.  However, the laws that deal with nursing in Arizona specifically state a number of illegal acts that any individual may not do unless they are specifically licensed or certified to practice nursing in Arizona.  Read the code regarding Arizona Nursing Unlawful Acts.   Those acts include:

  • Acting as or offering to act as a clinical nurse specialist, registered nurse practitioner, or registered or practical nurse in Arizona.
  • Using any abbreviation, card, device, figure, letter, sign or title that indicates that the individual is a clinical nurse specialist, graduate nurse, nurse practitioner, practical nurse, professional nurse or registered nurse.
  • Using any abbreviation, card, device, letter or sign that indicates the individual is certified to practice nursing in any capacity.
  • Operating a training or educational program to prepare students for licensure or certification as a nurse in Arizona unless it has been approved by the Arizona Board of Nursing.

If you have a question about Arizona Nursing Unlawful Acts contact Chelle Law.