September 9, 2018 | DUI Defense
If you are a nurse – RN, LPN, or APRN, for example – or are seeking to become a nurse in the state of Kentucky, then a DUI may impact your eligibility to practice your trade.
The Kentucky Board of Nursing reviews and approves license applications, as well as validates existing licenses. If you’ve been charged with DUI, you will need to report this to the Board whether you are already a licensed/credentialed nurse, or in the process of becoming one.
What does a nurse have to report after a DUI?
If you are currently a nurse, KRS 314.109 requires you to report criminal convictions to the Kentucky Board of Nursing within ninety (90) days of being convicted. If you are in the application process, 201 KAR 20:370 requires you to disclose convictions such as a DUI. Failure to notify can result in disciplinary action or denial of your application.
What the Kentucky Board of Nursing considers a “conviction” is specifically defined by law, and consulting with an attorney experienced in this area will help you answer any questions you might have about what you need to report. Charges that have been dismissed, as well as juvenile matters, are a few exceptions to the general reporting rule. However, if you hope to have any criminal charge dismissed, you should consult an attorney immediately after being arrested so they can get a head start on your case and begin protecting your ability to make a living in your chosen profession.
What criminal convictions must be reported to the Kentucky Board of Nursing?
The Kentucky Nursing Laws require that ALL misdemeanor and felony convictions occurring in Kentucky or any other state, regardless of when they occurred, be reported to the Kentucky Board of Nursing. Federal and military convictions must also be reported. Any person licensed/credentialed by the Kentucky Board of Nursing shall, within ninety (90) days of entry of the final judgment, notify the Kentucky Board of Nursing in writing of any misdemeanor or felony criminal conviction in this or any other jurisdiction. Upon learning of any failure to notify the Kentucky Board of Nursing under this section, the Kentucky Board of Nursing may initiate disciplinary action.
Traffic-related misdemeanor(s), with the exception of operating a motor vehicle under the influence of drugs or alcohol, do not have to be reported.
What happens after a nurse reports a DUI?
Once reported, the matter will be reviewed by either staff, the Board, a credentials Review Panel, or a combination of them. The process can take several months and result in a personal interview.
As long as you are timely, up-front, honest, and not considered to be a future risk, you should be fine. In the meantime, wondering whether things will ultimately work out in your favor can cause a lot of stress. We understand this, and can help put your mind at ease by answering any questions you have. We’ll also advise you regarding how and what information to disclose, as well as assist you with any other matter that comes up in court or with the Board. This might include submitting a “letter of explanation” to the Board, or providing proof that you have completed alcohol/substance abuse treatment that has been ordered by a court (or that you have sought on the advice of your attorney).
One bad decision does not have to be the end of a nursing career. If you’ve been charged with DUI or any other criminal offense, contact an attorney at Suhre & Associates today. We’ll help you do the next right thing so you can continue helping others.
KRS Chapter 314.011(21) defines a conviction as the following:
- An unvacated adjudication of guilt;
- Pleading no contest or nolo contender or entering an Alford plea; or
- Entering a guilty plea pursuant to a pretrial diversion order; Regardless of whether the penalty is rebated, suspended, or probated.
KRS 314.109 Notification of board of any criminal conviction.
Any person under the jurisdiction of the board shall, within ninety (90) days of entry of an order or judgment, notify the board in writing of any misdemeanor or felony criminal conviction, except traffic-related misdemeanors other than operating a motor vehicle under the influence of drugs or alcohol, in this or any other jurisdiction. The person shall submit a certified copy of the order and a letter of explanation.
201 KAR 20:370. Applications for licensure.
RELATES TO: KRS 314.041, 314.042, 314.051, 314.071, 314.091, 314.103, 314.475
STATUTORY AUTHORITY: KRS 314.041, 314.042, 314.051, 314.071, 314.131(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 314.131(1) authorizes the Board of Nursing to promulgate administrative regulations as may be necessary to enable it to carry into effect the provisions of KRS Chapter 314. KRS 314.041, 314.042, 314.051, and 314.071 require the board to review an application for licensure and a licensee for conformity with KRS Chapter 314. This administrative regulation establishes requirements and procedures for licensure.
Section 1. To be eligible for licensure by examination, endorsement, renewal, reinstatement, retired licensure status, or for advanced practice registered nurse licensure, renewal, or reinstatement, an applicant shall:
- Submit the completed application form to the board office, as follows:
- For RN or LPN licensure by examination, endorsement, or reinstatement, Application for Licensure;
- For RN or LPN Renewal, Annual Licensure Renewal Application: RN or LPN;
- For licensure or reinstatement as an advanced practice registered nurse, Application for Licensure as an Advanced Practice Registered Nurse;
- For renewal as an RN and an APRN, Annual Licensure Renewal Application: RN and APRN;
- For licensure as an RN and as an APRN, Application for RN and APRN Licensure;
- For retired licensure status, Application for Retired Status;
- For APRN renewal with an RN Compact license, Annual Licensure Renewal Application:
- APRN with RN Compact License (not Kentucky); or
- In addition to any other renewal form, for APRN renewal, APRN Practice Data;
- Submit the current application fee, as required by 201 KAR 20:240;
- Submit a certified or attested copy of the court record of each misdemeanor or felony conviction in this or any other jurisdiction and a letter of explanation that addresses each conviction, except for traffic-related misdemeanors (other than DUI) or misdemeanors older than five (5) years;
- Submit a certified copy of a disciplinary action taken in another jurisdiction with a letter of explanation or report a disciplinary action pending on a nurse licensure application or license in another jurisdiction;
- Have paid all monies due to the board;
- Submit a copy of an official name change document (court order, marriage certificate, divorce decree, Social Security card), if applicable;
- Submit additional information as required by the board in 201 KAR Chapter 20;
- Meet the additional requirements for:
- Licensure by examination established by 201 KAR 20:070;
- Licensure by endorsement established by 201 KAR 20:110;
- Licensure by reinstatement established by 201 KAR 20:225;
- Licensure by renewal established by 201 KAR 20:230;
- Retired nurse or inactive licensure status established by 201 KAR 20:095; or
- Advanced practice registered nurse licensure, renewal, or reinstatement established by 201 KAR 20:056;
- If not a citizen of the United States, maintain proof of legal permanent or temporary residency under the laws and regulations of the United States; and
- Notify the board upon establishment of a new mailing address.
Section 2. A completed renewal application form and all information needed to determine that an applicant meets the requirements for renewal of licensure shall be postmarked or received by the board no later than the last day for renewal of license.
Section 3. An application shall lapse and the fee shall be forfeited if the application is not completed as follows:
- For an application for licensure by endorsement, within six (6) months from the date the application form is filed with the board office;
- For an application for licensure by examination, within one (1) year from the date the application form is filed with the board office or the date the applicant fails the examination, whichever comes first; or
- For all other applications except renewal of license applications, within one (1) year from the date the application form is filed with the board office.
Section 4. Incorporation by Reference.
- The following material is incorporated by reference:
- “Application for Licensure”, 1/2016, Kentucky Board of Nursing;
- “Annual Licensure Renewal Application: RN or LPN”, 2/2018, Kentucky Board of Nursing;
- “Application for Licensure as an Advanced Practice Registered Nurse”, 1/2016, Kentucky Board of Nursing;
- “Annual Licensure Renewal Application: RN and APRN”, 2/2018, Kentucky Board of Nursing;
- “Application for RN and APRN Licensure”, 1/2016, Kentucky Board of Nursing;
- “Application for Retired Status”, 8/2004, Kentucky Board of Nursing;
- “Annual Licensure Renewal Application: APRN with RN Compact License (not Kentucky)”, 5/2018, Kentucky Board of Nursing; and
- “APRN Practice Data”, 6/2012, Kentucky Board of Nursing.
- This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Nursing, 312 Whittington Parkway, Suite 300, Louisville, Kentucky 40222, Monday through Friday, 8 a.m. to 4:30 p.m.