The Law Offices of Brian E. Quinn

NURSES ARE NOW REQUIRED TO REPORT CRIMINAL CHARGES FILED AGAINST THEM WITHIN 30 DAYS OF ARREST

Effective October 17, 2015 The Pennsylvania Nursing Board rules now require all Pennsylvania licensed RNs, LPNs, CRNPs, LDNs, and CNSs to report being charged with any misdemeanor or felony criminal charge, regardless of which jurisdiction the charges originate. The same practitioners must also within 90 days report any discipline from another jurisdiction.

Beginning October 20, 2015 the Nursing Board has sent out the following email:


From: State Board of Nursing

Date: Tuesday, October 20, 2015
Subject: Reporting of Crimes and Disciplinary Actions

REPORTING OF CRIMES AND DISCIPLINARY ACTIONS

Effective October 17, 2015, RNs, LPNs, CRNPs, LDNs, and CNSs MUST notify the State Board of Nursing of the following:

• Pending criminal charges

• Criminal convictions (including a guilty plea, conviction following a trial, probation without verdict and Accelerated Rehabilitative Disposition)

• Disciplinary actions taken by other states/jurisdictions

Pending criminal charges and criminal convictions MUST be reported within 30 days of the action.

Discipline taken against a license in other states/jurisdictions MUST be reported within 90 days.

Notification should be made online at:https://www.mylicense.state.pa.us/BPOAFormBuilder/Login_licensee.aspx. As part of that notification, licensees will be able to upload relevant documents. Licensees who do not have internet access shall mail the notification and supporting documentation to the Board office.

Failure to make a timely report may result in the imposition of a disciplinary sanction.

A copy of this regulation can be found in the Pennsylvania Bulletin athttp://www.pabulletin.com/secure/data/vol45/45-42/1827.html

The Law reads as follows:

§21.29a. Reporting of crimes and disciplinary action.

(a) A registered nurse shall notify the Board of pending criminal charges within 30 days of the filing of the criminal charges or on the biennial renewal application under § 21.29(c)(4) (relating to expiration and renewal of license), whichever is sooner.

(b) A registered nurse shall notify the Board of a criminal conviction, plea of guilty or nolo contendere, or an admission into a probation without verdict or accelerated rehabilitative disposition program within 30 days of the disposition or on the biennial renewal application under § 21.29(c)(4), whichever is sooner.

(c) A registered nurse shall notify the Board of disciplinary action in the nature of a final order taken against the registered nurse by the licensing authority of another state, territory or country within 90 days of receiving notice of the disciplinary action, or on the biennial renewal application under § 21.29(c)(4), whichever is sooner.

http://www.pabulletin.com/secure/data/vol45/45-42/1827.html

§ 21.156b. Reporting of crimes and disciplinary action.

(a) An LPN shall notify the Board of pending criminal charges within 30 days of the filing of the criminal charges or on the biennial renewal application under § 21.156 (relating to renewal of license), whichever is sooner.

(b) An LPN shall notify the Board of a criminal conviction, plea of guilty or nolo contendere, or admission into a probation without verdict or accelerated rehabilitative disposition program within 30 days of the disposition or on the biennial renewal application under § 21.156, whichever is sooner.

(c) An LPN shall notify the Board of disciplinary action in the nature of a final order taken against the LPN by the licensing authority of another state, territory or country within 90 days of receiving notice of the disciplinary action or on the biennial renewal application under § 21.156, whichever is sooner.

It is important that you speak with a skilled Healthcare Licensing Attorney so you are aware of your rights and what action the Nursing Board will take against you after you report the arrest.

Please contact me if you have any questions.

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