Can a Criminal Charge Affect Your Nursing License in Kansas?
Nurses in Kansas dedicate their careers to patient care, but even outside the workplace, their personal actions can have a direct impact on their professional standing. When a nurse is arrested or charged with a crime, the legal consequences extend beyond the courtroom. The Kansas State Board of Nursing has strict guidelines regarding criminal conduct, and even a single charge—whether related to healthcare or not—can put a nurse’s license in jeopardy. Understanding how criminal charges trigger nursing board investigations and what steps to take to protect a license is essential for any nurse facing legal trouble.
How the Kansas State Board of Nursing Handles Criminal Charges
The Kansas Nurse Practice Act, found in K.S.A. 65-1120, gives the Kansas State Board of Nursing the authority to regulate the nursing profession, including taking disciplinary action against licensees who have been convicted of or charged with certain crimes. The Board takes the position that criminal behavior, even if unrelated to patient care, reflects on a nurse’s professional fitness. As a result, any criminal charge, from a DUI to drug possession or theft, can result in an investigation.
The Board’s primary concern is whether the crime demonstrates unprofessional conduct or raises concerns about the nurse’s ability to practice safely. The severity of the charge, the circumstances surrounding it, and whether the case results in a conviction all play a role in determining how the Board responds. In some cases, disciplinary action may occur even if the charge is ultimately dismissed.
Common Criminal Charges That Trigger Nursing License Investigations
While any arrest has the potential to lead to a Board inquiry, some charges are more likely to result in disciplinary action, including:
- DUI and Substance-Related Offenses – A driving under the influence charge is one of the most common reasons nurses face scrutiny from the Board. If a nurse is arrested for a DUI, the Board may question whether substance use could affect their ability to provide safe patient care.
- Drug Possession or Diversion – Charges related to drug possession, including the unauthorized use or theft of prescription medications, raise red flags with the Board. Nurses have access to controlled substances, and any criminal charges involving drugs could be viewed as a professional risk.
- Assault or Domestic Violence – Violence-related offenses, including domestic violence and physical altercations, are taken seriously by the Board. Even if the incident did not occur in a healthcare setting, it may be seen as evidence of unprofessional conduct.
- Fraud or Theft – Crimes involving dishonesty, such as identity theft, Medicaid fraud, or even shoplifting, can result in a license investigation. The Board may consider these offenses as a sign of ethical violations that impact professional trustworthiness.
Criminal charges do not always lead to automatic disciplinary action, but the Board has broad discretion in how it handles cases. Even a misdemeanor can lead to an investigation, and a felony charge significantly increases the risk of license suspension or revocation.
The Board’s Investigation Process After a Criminal Charge
When the Kansas State Board of Nursing learns of a criminal charge against a nurse, it may initiate an investigation to determine whether disciplinary action is warranted. The Board may learn about the charge through a self-reporting disclosure, a routine background check during a license renewal, or notification from law enforcement.
Once an investigation is opened, the nurse will receive notice and may be required to provide additional information or appear before the Board. The investigation process may include:
- Reviewing police reports, court documents, and any other legal records related to the charge.
- Requesting a written explanation from the nurse about the circumstances surrounding the arrest.
- Conducting interviews or informal hearings to assess the nurse’s fitness to practice.
- Evaluating whether the charge or conviction violates the Nurse Practice Act.
Depending on the findings, the Board may take no action, issue a formal warning, impose probationary conditions, suspend the license, or, in extreme cases, revoke the license entirely.
The Consequences of a Criminal Charge on a Nursing Career
A criminal charge doesn’t just pose a legal problem—it can have far-reaching consequences on a nurse’s ability to work. If the Kansas State Board of Nursing takes disciplinary action, the penalties could include:
- License Suspension or Revocation – Losing a nursing license means an immediate halt to employment and a long, difficult process to regain licensure.
- Probationary Status – The Board may allow the nurse to keep their license but under strict monitoring conditions, such as mandatory drug testing or treatment programs.
- Employment Barriers – Even if the Board does not take direct action, a criminal charge may make it harder to find a job, as many healthcare employers conduct background checks.
- Reputational Damage – Public disciplinary records can impact a nurse’s credibility, making it difficult to regain trust within the healthcare industry.
How a Kansas Nursing License Defense Attorney Can Help
Facing a criminal charge as a nurse requires careful handling of both the legal case and the potential licensing consequences. A Kansas nursing license defense lawyer plays a vital role in ensuring that the criminal matter is resolved in a way that minimizes harm to the nurse’s professional standing.
At Sanger Law Office, LLC, we provide nurses with legal representation during both the criminal and licensing processes, ensuring that their rights are protected. Our legal team:
- Advises nurses on how to properly disclose criminal charges to the Board.
- Represents nurses in Board inquiries, hearings, and disciplinary proceedings.
- Negotiates with the Board for alternative resolutions, such as treatment programs or probation, instead of license suspension.
- Provides strategic defense options to prevent unnecessary disciplinary actions.
For nurses facing criminal charges, it is essential to act quickly. Early legal intervention can make a significant difference in both the criminal case outcome and the Board’s disciplinary decision.
Protect Your Nursing License—Call Sanger Law Office, LLC Today
A criminal charge does not have to end your nursing career. If you are facing legal trouble and are concerned about how it may affect your nursing license in Kansas, Sanger Law Office, LLC can provide the defense you need. Our firm has decades of experience protecting the licenses of healthcare professionals, and we are dedicated to helping you navigate this difficult situation.
Call us today at (785) 979-4353 for Kansas or (816) 520-8040 for Missouri to schedule a free consultation. Let us help you protect your license and your future.