1. Nature and severity of the allegation(s).
2. Actual or potential harm to the public.
3. Actual or potential harm to any patient.
4. Overall disciplinary record.
5. Overall criminal actions taken by any federal, state or local agency or court.
6. Prior warnings on record or prior remediation.
7. Number and/or variety of current violations.
8. Mitigation evidence.
9. In case, or a criminal conviction, compliance with terms of sentence and/or courtordered probation.
10. Time passed since the offenses occurred.
11. Evidence of Expungement.
12. Cooperation with the Board and other law enforcement or regulatory agencies
13. Any other relevant rehabilitation evidence.
It is crucial that the attorney you retain is well-advised of the above statutory criteria that the Board must review. It is also critical that your attorney initiate contact with the Attorney General handling the case so possibilities of negotiations and/or offers could be developed. The administrative hearing will be handled like a “mini-trial.” Both sides are allowed to bring in any witnesses. Both sides have the ability to cross-examine all witnesses. The Attorney General and the Judge may request that the Respondent (the Nurse), be placed on the stand and question him/her about the underlying incident or any relevant matter associated with the Accusation (Complaint).
The Respondent should bring in witnesses that can corroborate the professionalism and the good character and ethics of the accused. It is also wise to bring in evidence or witness that could affirm the fact that the Respondent has been rehabilitated. Danger to the patient and society in general must be minimized.
The Judge and the Board must believe that the Respondent would be a nurse that will adhere to the standards of the profession and shall incorporate ethical and behavioral standards of professional practice which include, but not limited to, maintaining current knowledge and skills for safe and competent practice; maintaining patient/client confidentiality and professional boundaries; abstaining from chemical/substance abuse and no further violations constitution unprofessional conduct.
The Judge and the Board must be convinced that the Respondent will not commit the criminal acts again. It is important that if you are in this situation, choosing a welltrained attorney in conducting such complex hearings will determine if you continue your profession as a nurse or be denied your livelihood.