For the Defense - Vol. 5, Issue 2 - 15

"what is going to happen to my nursing license?"
"Do I have to tell my job?" "Are they going to
put me in that Impaired Nurses Program?"
As in any criminal case, you have to do your
best to allay the healthcare professional's fears.
It is important to be able to walk them through
the investigative process of their respective
healthcare board in order to put the client at
ease. As an example, in most cases, for a first
offense DUI, the Impaired Nurses Monitoring
Program can be avoided, which allows them to
continue to work with no restrictions.
The Pennsylvania Department of State, through
the Bureau of Professional and Occupational
Affairs (BPOA), provides administrative and legal
support to 29 professional and occupational
licensing boards and commissions. The
enabling acts are found in Title 63 of Purdon's
Pennsylvania Statutes, and regulations in Title
49 of the Pennsylvania Code. Anyone holding a
healthcare license in Pennsylvania is subject to
the Department of State rules and regulations.
Defense counsel must therefore be concerned
with whether an arrest must be self-reported and
what happens after the arrest is reported, which
may include board requests for mental/physical
examinations and/or mandated drug and alcohol
treatment, as well as ultimately disposing of the
criminal case in a manner having the least impact
on the healthcare professional's license.
Reporting Requirements
When renewing their license biennially, the
healthcare licensee is required to disclose any
arrest since their last renewal. Historically, unless
the arrest was self-reported, the board may not
have known about the arrest until the renewal
was processed; and, in many cases involving
an ARD disposition, the board may not have
known at all because the matter may have been
expunged prior to renewal.
However, in 2014, the Department of State,
overseeing all Pennsylvania healthcare licensing
boards, entered into a contract with the
Pennsylvania Justice Network ("JNET"). The
contract obligates JNET to provide records to
the appropriate boards of any arrest or criminal
summary citation for Pennsylvania licensed
healthcare workers. Since the time that JNET
has been reporting arrests, arrests or citations

of Pennsylvania licensed healthcare workers in
Philadelphia are often reported within a week.
The same notifications may take several months
in counties outside Philadelphia.
The self-reporting requirements for healthcare
workers have changed and it is best to review
the statutes regarding your particular healthcare
worker. For instance, 40 P.S. §1303.903(4)
requires a physician to report to the State Board
of Medicine or the State Board of Osteopathic
Medicine, within sixty (60) days of an arrest
relating to the provisions of 18 Pa.C.S.A. § 2501
et seq. (relating to criminal homicide); (ii) 18
Pa.C.S.A. § 2702 (relating to aggravated assault);
(iii) 18 Pa.C.S.A. § 3101 et seq. (relating to sexual
offenses); and (iv) 35 P.S. § 780-101 et seq. (a
violation of The Controlled Substance, Drug,
Device and Cosmetic Act).
In contrast, 49 Pa. Code § 21.29a, § 21.156b,
and § 21.723a require Registered Nurses (RNs),
Licensed Practical Nurses (LPNs), Certified
Registered Nurse Practitioners (CRNPs), Licensed
Dietician Nutritionists (LDNs), and Clinical Nurse
Specialists (CNSs), to notify the State Board of
Nursing about any pending criminal charges
and criminal dispositions (including a guilty
plea, conviction following a trial, probation
without verdict and Accelerated Rehabilitative
Disposition). Moreover, 49 Pa. Code § 21.29a
requires that Registered Nurses report pending
criminal charges and criminal dispositions within
30 days of the action or on the biennial renewal
application, whichever is sooner. Failure to make
a timely report may result in the imposition of a
disciplinary sanction.
Effective April 16, 2018, pursuant to Act 6 of
2018, any person holding a license, registration,
certificate or permit issued by a licensing board or
commission under the Bureau of Professional and
Occupation Affairs shall notify the appropriate
licensing board or commission within thirty (30)
days of the occurrence of any of the following:
1) A disciplinary action taken by a licensing
agency of another jurisdiction.
2) A finding or verdict of guilt, an admission
of guilt, a plea of nolo contendere,
probation without verdict, disposition
in lieu of trial or an Accelerated
Rehabilitation Disposition (ARD) of any
felony or misdemeanor offense.
Vol. 5, Issue 2 l For The Defense

15
https://www.dos.pa.gov/ProfessionalLicensing/Pages/Bureau-of-Professional-and-Occupational-Affairs.aspx
For the Defense - Vol. 5, Issue 2

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