For the Defense - Vol. 5, Issue 2 - 14

UNMASKING THE MYSTERIES
OF REPRESENTING THE
HEALTHCARE PROFESSIONAL
Brian E. Quinn

W

hen a healthcare professional is arrested
on any charge, the fall-out from the
criminal case can have a much more
severe impact on that licensee's professional
standing-and in turn, their livelihood-than
the criminal charge itself.

the Board of Nursing tells you to do." Another
attorney said, "Get a drug and alcohol evaluation
and be proactive." This is not sound legal advice.
There are serious ramifications for any healthcare
licensee who has an alcohol- or drug-related
incident, even a summary offense.

Recently, I spoke to three Registered Nurses
who were arrested in the past year for a DUI.
Even though they each received Accelerated
Rehabilitation Disposition (ARD), they are now
facing problems with their nursing license. None
of the three attorneys who represented them
advised them of a potential problem with their
RN license nor were they advised there was a
reporting requirement.

A Sample Common Case

One attorney advised the client "do whatever
14

For The Defense l Vol. 5, Issue 2

A typical scenario for you may be as follows:
A nurse comes into your office after having been
arrested for a DUI. She has researched online
what could happen with her nursing license. She
has read several reviews of the Impaired Nurses
Program and thinks her career as a nurse is over.
This is her first criminal arrest and is probably
an ARD case. She will tell you that she has been
unable to sleep since her arrest. She asks you



For the Defense - Vol. 5, Issue 2

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