Can I be a nurse in Nevada with a criminal record?

Licensed nurses and nurse assistants face disciplinary action by the Nevada State Board of Nursing for:

• crimes involving moral turpitude (such as crimes of violence, fraud, or theft),
• nursing-related offenses, and/or
• unprofessional conduct

If you are a nurse accused of criminal offenses or other misconduct, you have the right to a hearing in front of the Nursing Board. Depending on the outcome of the hearing, the Board can levy the following punishments:

• a reprimand and fine,
• license suspension, or
• license revocation

You are entitled to have an attorney present at these disciplinary hearings advocating on your behalf. If you are suffering from addiction, you may be able to keep your license if you complete a Board-approved rehabilitation program.

In this article, our Las Vegas criminal defense attorneys discuss:

• 1. How does the Nevada Nursing Board work?
• 2. Can I apply for a nursing license with a criminal record?
• 3. What triggers disciplinary action against nurses?
• 4. What happens if there is a complaint against me?
• 5. What happens at a disciplinary hearing?
• 6. Can I keep my nursing license if I do rehab?
• 7. Can I get my nursing license reinstated?
• 8. Can I go to jail for nursing without a license?
• 9. Other occupational licenses in Nevada

1. How does the Nevada State Board of Nursing work?

The Nevada State Board of Nursing is a state association that grants nursing and nurse assistant licenses, investigates complaints, and imposes discipline. The Board consists of the following Nevada Governor appointees:

• 4 nurses,
• 1 nursing assistant,
• 1 nurse who represents indigent people, and
• 1 non-nurse to represent the public

Board members may serve up to two (2) terms of four (4) years each. The Board meets about seven or eight times a year in Las Vegas or Reno. They publish the minutes from their meetings online.¹

2. Can I apply for a Nevada nursing license with a criminal record?

The Nursing Board may disqualify you for having been convicted of a crime, even if you did not have jail time. The Board has meetings to determine whether to accept or deny applicants who have been convicted of either:

• a felony that occurred within the previous decade,
• crimes that involve moral turpitude (dishonesty, vileness, or depravity), or
• crimes related to a nurse’s duties

The Board gives you notice of the next Board meeting so you can attend and present evidence of your rehabilitation.

Predictably, a minor misdemeanor such as trespass is less likely to disqualify you than felonies involving fraud, violence, or medical malpractice.²

2.1. Will the Nevada Nursing Board see my sealed criminal records?

Theoretically, the Nursing Board should not be able to see Nevada criminal records that have been sealed. However, sealed records sometimes still show up when the Board runs your fingerprints.

The Board may automatically disqualify an application as fraudulent if it discovers that you lied about having no past criminal convictions. The Board, therefore, advises you to be honest about your criminal history, even if it was sealed. However, you should consult with an attorney first.

An attorney may be able to investigate whether a fingerprint search will cause your sealed criminal record to surface. This information, in turn, could help inform how best to complete your nursing application.³

3. What crimes or misconduct can trigger disciplinary action against me by the Nevada Nursing Board?

The Nursing Board may impose disciplinary actions – including suspending or revoking your nursing license – when it determines that you committed certain crimes and misconduct, including:

1. fraud or deceit when obtaining a nursing license
2. a crime involving moral turpitude (which includes crimes of violence, fraud, or theft)
3. a crime related to a nurse’s duties (such as forging a prescription)
4. negligence or mismanagement by falling short of the standard of care for nursing (including incompetence or inattention)
5. violating patients’ rights to safety, privacy, and protection from mistreatment
6. failure to comply with medical practice standards, such as failing to record if/when you give patients their medicine
7. unfitness or incompetence because of gross negligence or recklessness in carrying out usual nursing functions
8. risky drug or alcohol use
9. mental incompetence or being impaired by a mental illness
10. falsification of information concerning a controlled substance
11. unlawful procurement or theft of controlled substances or prescription drugs for your own use
12. failure to obtain the required training
13. unlawful possession of a weapon
14. conduct likely to deceive, defraud, or endanger a patient or the general public
15. willful defiance of a regulation, subpoena, or order of the Nursing Board

The Board can also levy discipline and license suspensions or revocations for “unprofessional conduct.” Unprofessional conduct is a broad concept which comprises everything from abusing a patient to false impersonation.⁴

4. What happens if there is a complaint made against me to the Nevada Nursing Board?

The Nursing Board may conduct an investigation upon receiving a written complaint to the Nursing Board. The complaint must contain the following information:

• your name
• the crime or misconduct that you allegedly committed
• a signature of the person making the complaint

The length and extent of the Board’s investigation depend on the case. If the evidence does not support the allegations, the complaint may be closed. Or if the matter is minor, the Board may try to resolve the issue through informal meetings and agreements.

Administrative complaint

If the evidence supports the allegations against you, the Board will issue an “administrative complaint.” The Board then notifies you by either:

• serving the complaint personally on you, or
• mailing it to your last known address

The administrative complaint enumerates the allegations of misconduct, but it does not contain all the evidence that the Board relied on. If you make a written request to the Board for more information, the Nursing Board will send you copies of any communications, reports, and affidavits relating to the allegations.

Once the complaint is served, the Nursing Board may suspend or revoke or put other limitations on your license pending the outcome of the administrative hearing. This is more likely to occur in cases of fraud or where the Board believes patient safety is at risk.

The important thing is not to ignore any communications by the Nursing Board. If you miss any deadlines to respond, you may waive important legal rights. Instead, contact an attorney right away to discuss your legal rights.⁵

5. What happens at a Nevada Nursing Board disciplinary hearing?

The Nursing Board gives you the opportunity for a formal hearing “as soon as practicable after the filing of the administrative complaint.” (If the complaint involved an allegation of industrial insurance fraud, the hearing must be held within 30 days of the Board receiving the Nevada Attorney General‘s report.)

You have the right to have an attorney represent you during the Nursing Board hearing, which is very similar to a trial. In the weeks leading up to the hearing, you and the Board may take depositions and subpoena witnesses. Then during the hearing, evidence may be presented, and witnesses can be cross-examined. Note that in some cases, you can appear telephonically if you cannot be present in person.

After the hearing

The Board makes a final decision within 60 days of the hearing. If the Board determines that you did violate the Nurse Practice Act in some way, the Board can impose any of the following punishments:

• reprimand,
• fine,
• probation,
• license suspension, or
• license revocation

Disciplinary measures

The Nursing Board makes public the results of disciplinary actions. The disciplinary penalty depends on such factors as the:

• severity and recency of the offense,
• degree of deviation from standard practice,
• evidence of rehabilitation,
• current ability to practice safely,
• mitigating factors, and
• past disciplinary history

If you get disciplined, you can file a motion for a rehearing or request a reconsideration by the Nursing Board. The Board then may then hold another hearing on the matter.⁶

6. Can I keep my Nevada nursing license if I do rehab to treat my addiction?

If you are struggling with addiction, you may be able to save your license by completing a rehab program called the Alternative Program for Chemically Dependent Nurses run by the Nursing Board’s Disability Advisory Committee.

In order to participate in the program, you must do the following:

1. Self-report yourself to the Nursing Board,
2. Temporarily surrender your nursing license or certificate,
3. Complete 180 hours of treatment, attend 90 AA or NA meetings in 90 days, and achieve stable recovery,
4. Work under an unmarked conditional license while the Board monitors your practice, which includes random drug testing

Grounds for ineligibility

You are not eligible for the Alternative Program for Chemically Dependent Nurses if you either:

• had a previous disciplinary action related to impairment from chemical dependency,
• have a long history of diverting drugs, or
• have a complaint pending against you regarding drug diversion or impaired practice.⁷

7. Can I get my nursing license reinstated?

In many cases following a license suspension or revocation, you can ask the Nursing Board to reinstate your license. Your eligibility for reinstatement typically hinges on whether you completed certain stipulations, such as:

• completing mental health treatment,
• completing substance abuse treatment,
• remaining out of trouble, and
• waiting a certain specified time period

The Nursing Board should tell you if/when you are eligible for reinstatement and the conditions you would need to meet.

8. Can I go to jail for nursing without a license in Nevada?

Potentially. If no substantial bodily harm results, nursing without a license is a category D felony in Nevada, carrying:

• 1 – 4 years in Nevada State Prison, and
• up to $5,000, and
• victim restitution

If substantial bodily harm does result, nursing without a license is a category C felony, carrying:

• 1 – 5 years in Nevada State Prison, and
• up to $10,000, and
• victim restitution⁸

However, it may be possible to convince the prosecutor to dismiss the charges or to plea bargain it down to a lesser offense. Note that a conviction for nursing without a license can prevent you from obtaining a nursing license in the future.

Learn more about nursing without a license.

9. Other occupational licenses in Nevada

9.1. Doctors

The Nevada Board of Medical Examiners can issue fines, reprimands, and license suspensions or revocations when doctors commit certain crimes and misconduct. Learn more about medical license revocations and suspensions.

9.2. Dentists

Dentists and dental hygienists can be disciplined for committing crimes of moral turpitude or unprofessional conduct. See more in our article on license revocations or suspensions for dentists.

9.3. Contractors (Builders)

Licensed contractors who do substandard work or engage in unprofessional conduct or serious criminal activity face disciplinary actions, including having their license suspended or revoked. Learn more in our article on disciplinary proceedings and license revocation for contractors in Nevada.

9.4. Real Estate Brokers and Salespeople

Selling and brokering real estate outside the laws and regulations of the Nevada Real Estate Commission can jeopardize the seller’s or broker’s license. Learn more in our article on disciplinary proceedings and license revocations for real estate brokers and salespeople.

9.5. Attorneys

Lawyers who commit certain crimes or violate the Rules of Professional Conduct are vulnerable to disciplinary actions by the Nevada State Bar. Learn more about attorney license disbarment or suspension.

9.6. Accountants

CPAs can lose their certificates for committing certain crimes or professional misconduct. Learn more in our article about disciplinary proceedings and license suspensions for accountants.

9.7. Social Workers

Social workers can lose their licenses in Nevada for either committing misconduct or serious crimes. Go to our article about suspending or revoking social worker’s licenses in disciplinary hearings.

9.8. Teachers

Nevada teachers may lose their license for convictions of felonies, crimes involving moral turpitude, or sex offenses with pupils. Go to our article about suspending or revoking teaching licenses.

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