If I’m a Nurse and I’m Charged with a Crime, Is my Career Over?

Being a nurse, an EMT or other health care professional is not just a job, its a profession, a calling. To get such a job and the coveted license that goes along with it isn’t easy. It takes enormous amounts of work, skill, talent and compassion. However maintaining that precious license isn’t simply automatic. If you are convicted of a crime as a health care professional , you could simply lose your right to have “direct contact” with patients. In other words, your career is over. If you want going to school to work in the healthcare field, this is even more true. Getting your license with a mark like this may simply disqualify you outright. As a Minnesota criminal defense attorney who represents healthcare professionals, I’ve seen this happen. If you have been charged with a crime, you need to know what is at stake criminally but also what it could do to your license, your career. Contact Jack Rice Defense and schedule a free consultation.  

In the event that you are convicted of certain crimes, this will trigger a Preponderance of Evidence Review. Some charges can result in bar you from nursing for life, some for 15 years, some for 10 and some for 7.

Some criminal convictions mean that your healthcare career is over.

So exactly what jobs are we talking about here?  Direct contact jobs may include jobs in:

• Nursing

• EMTs

• Child care workers

• Foster care workers

• Nursing Homes workers

The crime and conduct that may result in your disqualification determines the length of the disqualification.  Minnesota Statute 245C.15 goes into much greater detail but know that it applies whether it happened in Minnesota or even if you were under 18.  

What is the length of time that I could be disqualified?  Depending up on the criminal conviction or conduct, you may be disqualified:

• Forever

• 15 years

• 10 years

• 7 years

Crimes that result in disqualification forever (violent and other serious felonies) include:

• Certain felony domestic assault crimes including domestic assault by strangulation;

• Murder;

• Manslaughter;

• Felony solicitation;

• First and second degree assault;

• Aggravated robbery;

• Kidnapping;

• Multiple sex crimes;

• For more, See Minnesota Statute 245C.15.

Crimes that result in a 15 year disqualification (felonies) include:

• Felony wrongfully obtaining assistance;

• Felony crimes that result in inability to possess a firearm;

• Many Weapons charges;

• Criminal vehicular homicide or injury;

• Multiple 5th degree assaults resulting in a felony;

• Criminal abuse or exploitation of a vulnerable adult;

• For more, See Minnesota Statute 245C.15.

Crimes that result in a 10 year disqualification (gross misdemeanors) include:

• Food stamp fraud;

• Domestic assault (prior enhanceable offense plus a second domestic conviction);

• Assault (prior enhanceable offense plus a second domestic conviction);

• Mistreatment of residents or patients;

• Failure to report maltreatment;

• For more, See Minnesota Statute 245C.15.

Crimes that result in a 7 year disqualification (misdemeanors)  include:

• Criminal vehicular operation;

• Fraud;

• Harassment;

• Assault in the 5th degree;

• Domestic assault;

• Issuance of dishonored check;

• For more, See Minnesota Statute 245C.15.

Call a Criminal Defense Attorney who Represents Healthcare Professionals

There are various ways to fight a disqualification after the fact.  However, know that this may be difficult or even impossible. Under very specific circumstances, there is the possibility for a variance or even a set-aside. The best way to fight a disqualification is to make sure it doesn’t happen in the first place. You need to deal with the allegation before it becomes a conviction and you can address the alleged conduct.  That is exactly where Jack Rice Defense comes in.  When an allegation is made against you, you need a comprehensive defense strategy to defend you, to protect you, to fight for you.  

If you are an nurse, an EMT, or other healthcare professional or hope to be one, and you become aware of criminal allegations being made against you, or if you have already been charged, do not hesitate to give us a call.  We will sit down with you to better determine whether these may actually threaten your profession and the rest of your life.  We understand the process and we can put our well earned reputation to work for you.  Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.