When Does a Missouri Nursing Board Complaint Become a Criminal Case?

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Understanding the Overlap Between Licensing Investigations and Criminal Charges—and How to Protect Yourself

Not every complaint filed with the Missouri State Board of Nursing remains within the bounds of administrative discipline. In some cases, an issue that starts as a professional conduct complaint can escalate into a full-blown criminal investigation. Allegations involving patient abuse, drug diversion, financial fraud, or falsified documentation are not only serious licensing concerns—they can also expose a nurse to arrest, prosecution, and the permanent consequences of a criminal record.

At Sanger Law Office, LLC, we represent Missouri nurses during every phase of the licensing process, especially when a Board complaint carries criminal implications. If you’ve been contacted by the Board of Nursing or believe your case may involve potential criminal liability, it’s essential to act quickly, understand your rights, and secure legal representation that can protect both your license and your freedom.

When Licensing Investigations Can Lead to Criminal Charges

The Missouri State Board of Nursing is responsible for enforcing the Missouri Nurse Practice Act (RSMo Chapter 335) and protecting the public from unsafe or unethical practitioners. While many complaints are resolved through Board-ordered discipline such as reprimand, probation, or suspension, some involve conduct that also violates state or federal criminal law. In these cases, the Board may report the nurse to law enforcement or cooperate with prosecutors.

Here are some of the most common situations where a licensing complaint can lead to criminal charges:

1. Drug Diversion
Stealing, tampering with, or misappropriating controlled substances is a violation of both Board regulations and Missouri criminal law. Nurses accused of diverting medications for personal use or resale may face felony charges for possession, distribution, or theft under Missouri Revised Statutes § 579.015 and § 570.030.

2. Patient Abuse or Neglect
Any physical, verbal, or emotional abuse of a patient—especially vulnerable adults or children—can be reported as a crime under RSMo § 565.184 (abuse of health care recipients). Even unintentional harm may be investigated as criminal negligence if a patient suffers injury or death.

3. Health Care Fraud
Falsifying billing records, submitting claims for services not provided, or misusing Medicare/Medicaid reimbursements can be charged as healthcare fraud, a felony offense under RSMo § 191.905 and federal statutes.

4. Forgery or False Documentation
Altering patient charts, forging signatures, or creating fake credentials can lead to criminal charges of forgery or fraudunder RSMo § 570.090.

5. Practicing Without a License
If a nurse continues to work while suspended, or before a license is reinstated, this may be prosecuted under RSMo § 335.076 as a Class D felony.

How Criminal and Licensing Processes Interact

It’s important to know that the Board of Nursing and the criminal justice system are separate—but their actions can influence each other. A Board complaint may trigger a criminal investigation, and vice versa. However:

  • The Board does not have to wait for a conviction to take disciplinary action
  • You can be acquitted in court and still lose your license
  • Statements made to the Board can be used against you in criminal court

If you’re under investigation by the Board and criminal charges are even a possibility, you must approach the situation carefully. What you say to the Board’s investigators, what you submit in writing, and how you respond can all affect both your license status and your legal defense in a criminal case.

How to Protect Yourself When a Complaint Has Criminal Implications

If your case involves potential criminal exposure, you should immediately speak with a Missouri nursing license defense lawyer who understands the overlap between administrative and criminal matters. At Sanger Law Office, we provide coordinated defense strategies that protect your career and your liberty. That includes:

  • Assessing whether your conduct violates criminal statutes
  • Determining if you’re under criminal investigation or subject to reporting
  • Advising you on what to say—and what not to say—to the Board
  • Communicating with investigators on your behalf to avoid self-incrimination
  • Protecting your due process rights in both proceedings
  • Negotiating alternatives such as voluntary surrender or conditional monitoring

In many cases, early legal intervention can make the difference between a manageable Board case and a felony charge.

Real-World Examples of Criminal and Licensing Overlap

We’ve helped nurses in Missouri handle complex cases involving:

  • A nurse accused of removing narcotics from waste containers and tested positive during a random screen
  • A hospital staff nurse reported by a coworker for mistreating a patient during a restraint incident
  • A traveling nurse found to be charting notes from a previous shift without having been present
  • A nurse’s documentation error that led to the misadministration of a drug and patient harm

In each case, the Board took action—but criminal concerns were also involved. Through careful handling, in many instances we’ve helped our clients avoid charges entirely or resolve both matters with minimal damage.

Why You Need an Attorney Before Talking to Investigators

Many nurses make the mistake of speaking with Board investigators without realizing the implications. They may assume that cooperating will help their case, only to discover later that their words were misinterpreted or forwarded to law enforcement.

If you’re contacted about an incident involving controlled substances, patient injury, documentation concerns, or allegations of abuse, do not respond until you’ve spoken to a lawyer. The wrong statement—even one made with good intentions—can cost you your license or lead to criminal charges.

Call Danielle Sanger For a Free Consultation

If you’ve been accused of misconduct in Missouri and suspect the complaint could lead to criminal charges, you need experienced legal defense on both fronts. Your career and your freedom are on the line.

📞 Contact Sanger Law Office, LLC now for a free, confidential consultation:
(816) 520-8040 for Missouri
(785) 979-4353 for Kansas

We understand the intersection between nursing regulations and criminal law and are ready to fight for your future. Don’t wait until charges are filed—get proactive, strategic legal help today.