Nurses form the backbone of the medical and healthcare industry, providing vital services to those in need. They must adhere to a strict code of conduct both on and off the job. But what happens if a nurse violates public trust by driving while intoxicated? Can a DUI conviction lead to losing a nursing license?
The answer is—it depends. State laws vary significantly in how they handle DUIs for nurses. In many states, including Illinois, a DUI conviction or guilty plea may result in action against a nurse, depending on the severity of the offense. Penalties from law enforcement can include disciplinary action from licensing boards, such as the suspension or revocation of a nursing license.
What Professional Standards Must Nurses Abide By?
Professional standards are essential to nursing licensure, as they help ensure that licensed nurses provide safe and effective care to their patients. The Illinois Nurse Practice Act sets forth specific standards of professional conduct that all licensed nurses must abide by.
Under the Illinois Nurse Practice Act, licensed nurses must maintain high professional conduct and ethics standards.
This includes:
- Demonstrating competency in their practice;
- Respecting their patients’ rights and dignity;
- Maintaining confidentiality of patient information;
- Avoiding behaviors that could harm patients or discredit the nursing profession;
- Complying with all state and federal laws governing nursing practice;
- Maintaining current licensure;
- Meeting continued education requirements and
- Reporting criminal convictions or disciplinary actions to IDFPR.
How Will A DUI Affect My Nursing License?
The Illinois Department of Financial and Professional Regulation (IDFPR) is the state agency responsible for regulating and licensing nurses in Illinois.
Under Illinois Law, a nurse’s license may be revoked, suspended, placed on probation, reprimanded, or IDFPR can take other action in a variety of situations, including:
Will The IDFPR Revoke My Nursing License Because of A DUI?
When considering disciplinary action, IDFPR will weigh several factors, they can include:
- What type of license does the nurse hold?
- Has the nurse been convicted of more than one DUI?
- How severe was the accident? Were there injuries involved?
- Is there evidence of substance abuse or addiction issues not reported to the board before the current incident?
- Are there any prior disciplinary actions?
- Was the plea or finding a misdemeanor or felony?
Based on these questions and other information, IDFPR can take various disciplinary actions against a nurse. These actions may include imposing fines, requiring education or training, placing the nurse on probation, or even revoking the nurse’s license.
What Are The Professional Consequences Of Receiving a DUI?
Regarding DUI consequences for licensed nurses, the stakes are high. It is important to note that a DUI conviction can have other professional consequences even if a nurse’s license is not revoked.
Additional repercussions include:
- Damage to reputation and career prospects;
- Difficulty finding employment in the healthcare industry;
- Probation;
- Community service;
- Jail time or mandatory alcohol treatment program; and
- A permanent criminal record.
Should Nurses Report DUIs to IDFPR?
Sometimes, nurses should consider self-reporting certain arrests or convictions that could potentially jeopardize their licenses and livelihoods.
Whether you should self-report a DUI varies based on the specific circumstances of your conviction. However, if the incident was a first-time offense, you caused no property damage or injuries, or your Blood Alcohol Level was close to the legal limit, self-reporting a DUI is likely not required. In many cases, self-reporting is optional, but it would demonstrate your ownership, accountability, and remorsefulness towards the situation. Demonstrating these attributes can, in certain circumstances, cause IDFPR not to open a file or mitigate the severity of the punishments if IDFPR imposes against your nursing license in response to your DUI.
Should Nurses Report DUIs to Their Employers?
Nurses should review their employment handbooks with an attorney to understand if they must report a DUI to their employer. In many instances, while a nurse won’t be required to report the DUI to IDFPR, once they do, their employer must then report the DUI to IDFPR.
Therefore, due diligence is necessary when considering how best to protect your career and reputation following a DUI arrest.
How Can an Attorney Help Mitigate the Consequences of My DUI?
If you’re a nurse who has been charged with a DUI, you must take swift action to mitigate the charge’s impact on your nursing license.
Here are some strategies to consider:
- Seek legal counsel. One of the most critical steps is to seek legal counsel from an experienced professional licensed defense attorney and criminal defense attorney. They can guide the legal process, advise you on the best action, and advocate for your rights and interests.
- Cooperate with the state nursing board. Be transparent and cooperative with the board throughout the process. This can demonstrate your commitment to patient safety and may result in a more favorable outcome for your case.
- Show responsibility and accountability. Taking responsibility for your actions and showing accountability is vital.
- Don’t talk. If IDFPR contacts you, tell them you are represented by counsel, and your attorney will call them. Also, don’t talk about your legal issues with your colleagues. Everything you say may be used against you, so it is best to say nothing.
How Can 1818 Help Me with My DUI?
If you are an Illinois nurse facing a DUI charge and are concerned about the impact a conviction could have on your nursing licensure, contact 1818 today. Our experienced professional license defense attorneys can help you effectively navigate the legal process, protect your rights, and advocate for your best interests.
Our 1818 attorneys have years of experience representing healthcare professionals before IDFPR and are equipped to handle even the most complex IDFPR cases.
Don’t risk your nursing license and livelihood; call us at (312) 779-1818 or fill out our online contact form for further assistance and expert advice.