Protecting Your Nursing License After a Prescription Drug Charge
As a nurse, you have spent countless hours and invested significant amounts of money and time to earn your nursing license.
However, a single mistake can jeopardize that, particularly if you are charged with a prescription drug offense.
Prescription drug charges are severe criminal offenses, and a criminal conviction can have long-lasting consequences, including jail time, hefty fines, and a criminal record.
If a nurse is charged with a prescription drug offense, you must take swift action to protect your nursing license.
In this article, we will discuss the following:
- Understanding Prescription Drug Charges in Arizona
- Potential Consequences for Nurses Charged with Prescription Drug Offenses
- Defending a Nursing License After a Prescription Drug Charge: A Hypothetical Scenario
- Strategies for Defending a Nursing License After a Prescription Drug Charge
- Alternative Options for Prescribing Medications as a Nurse in Arizona
- What Kind of Concerns Arise In The Mix Of Criminal Law And Nursing?
- Navigating Arizona’s Board of Nursing Disciplinary Process
- The Role of Rehabilitation and Treatment in Protecting Your Nursing License
- Maintaining Ethical Standards and Compliance with Arizona Nursing Laws
Understanding Prescription Drug Charges in Arizona
Prescription drug charges are one of the most common criminal offenses in Arizona and are taken very seriously by the criminal justice system.
According to Arizona Revised Statutes § 13-3406, it is illegal to knowingly possess or use a prescription drug without a valid prescription.
Additionally, it is illegal to fraudulently obtain a prescription drug, such as forging a prescription or obtaining it from a doctor who is not authorized to prescribe it.
If you are a nurse charged with a prescription drug offense, it is essential to understand the severity of the charges against you.
A criminal conviction can have significant consequences, including jail time, hefty fines, and a criminal record.
Potential Consequences for Nurses Charged with Prescription Drug Offenses
As a nurse, being charged with a prescription drug offense can have severe consequences, including losing your nursing license.
Under Arizona Revised Statutes § 32-1664, the Arizona State Board of Nursing has the authority to discipline and revoke the licenses of nurses convicted of certain criminal offenses, including prescription drug offenses.
Additionally, a criminal conviction can significantly impact your ability to find employment in the healthcare industry.
Most healthcare employers conduct criminal background checks on their employees, and a criminal record can make finding work in the field challenging.
Defending a Nursing License After a Prescription Drug Charge: A Hypothetical Scenario
See below a hypothetical scenario of a nurse being charged with a prescription drug charge:
Sarah is a registered nurse working in a hospital in Phoenix, Arizona, for the past ten years. One day, while working her shift, she began to experience severe back pain. She asked her nurse colleague to give her a few painkillers to relieve her pain. The colleague gave her a few pills, and Sarah felt better within an hour.
A few days later, Sarah’s supervisor informed her that there was a discrepancy in the hospital’s drug inventory. The hospital’s pharmacy had reported that several painkillers were missing, and the administration had launched an investigation to find out who had taken the drugs.
During the investigation, Sarah was questioned, and she admitted to taking a few painkillers from the hospital’s drug inventory to relieve her pain. She explained that she was experiencing severe back pain and didn’t have time to go to a pharmacy to get a prescription.
As a result of her admission, Sarah was charged with a prescription drug offense under Arizona Revised Statutes § 13-3406.
She faced the possibility of jail time, hefty fines, and losing her nursing license. She was also facing disciplinary action from the Arizona State Board of Nursing, which had the authority to revoke her nursing license.
Fearing the worst, Sarah hired an experienced defense attorney from The Shah Law Firm, who helped her navigate the legal process.
The attorney worked with the prosecutor to negotiate a plea deal resulting in reduced charges and a lighter sentence.
Additionally, the attorney helped Sarah enroll in a substance abuse treatment program, demonstrating to the court and the Arizona State Board of Nursing that she was responsible for her actions and committed to positive changes in her life.
Thanks to the attorney’s efforts, Sarah could protect her nursing license and avoid jail time.
She completed her treatment program and returned to work, determined to maintain ethical standards and comply with Arizona nursing laws to protect her nursing license and future career prospects.
Strategies for Defending a Nursing License After a Prescription Drug Charge
There are several strategies that nurses can use to defend their nursing license after a prescription drug charge.
The following are examples of strategies used for defending a Nursing License After a Prescription Drug Charge:
- Challenge the evidence against you: One effective strategy for defending your nursing license after a prescription drug charge is to challenge the evidence against you.
- Example: Suppose you were accused of stealing prescription drugs from your workplace. Your defense attorney could challenge the evidence presented by the prosecution by arguing that the drugs were not stolen but were lost or misplaced due to a paperwork error.
- Negotiate a plea deal with the prosecutor: Another strategy for defending your nursing license after a prescription drug charge is to negotiate a plea deal with the prosecutor.
- Example: Suppose you were charged with possessing prescription drugs without a valid prescription. Your defense attorney could negotiate a plea deal with the prosecutor to reduce the charges to a lesser offense, such as disorderly conduct, which would not result in losing your nursing license.
- Utilize a lack of knowledge defense: A lack of knowledge defense can effectively defend your nursing license after a prescription drug charge.
- Example: Suppose you were charged with distributing prescription drugs without a valid prescription. Your defense attorney could argue that you were unaware that the drugs were being distributed without a valid prescription and that you were simply following the orders of your supervisor.
- Demonstrate rehabilitation efforts: Another strategy for defending your nursing license after a prescription drug charge is demonstrating your rehabilitation efforts.
- Example: Suppose you were charged with possessing prescription drugs without a valid prescription due to a substance abuse issue. Your defense attorney could help you enroll in a substance abuse treatment program and demonstrate to the court and the Arizona State Board of Nursing that you are responsible for your actions and committed to making positive changes in your life.
- Establish an alibi: Finally, establishing an alibi can effectively defend your nursing license after a prescription drug charge.
- Example: Suppose you were accused of stealing prescription drugs from your workplace. Your defense attorney could help you establish an alibi, such as providing evidence that you were not at work on the day in question or working in a different part of the hospital when the drugs were allegedly stolen.
Alternative Options for Prescribing Medications as a Nurse in Arizona
If you are a nurse charged with a prescription drug offense, it is essential to understand that there are alternative options for prescribing medications in Arizona.
One option is to become a certified nurse practitioner, which allows you to prescribe medications under the supervision of a physician.
Another option is to work as a nurse in a non-prescribing role, such as a school nurse or a public health nurse.
These roles do not require you to prescribe medications and can be an excellent way to continue working in healthcare while protecting your nursing license.
What Kind of Concerns Arise In The Mix Of Criminal Law And Nursing?
- Potential loss of nursing license: If a nurse is convicted of a criminal offense, they may face disciplinary action from the Arizona State Board of Nursing, which has the authority to revoke nursing licenses. Losing a nursing license can have severe consequences, including the loss of a career, loss of income, and damage to one’s reputation.
- Impact on employment opportunities: Criminal convictions can make it difficult for nurses to find employment in the healthcare industry. Many employers conduct criminal background checks on their employees, and a criminal record can make finding work in the field challenging.
- Ethical and legal obligations: Nurses have a legal and ethical obligation to provide safe and competent care to their patients. Criminal charges can raise concerns about a nurse’s ability to meet these obligations and lead to disciplinary action from the Arizona State Board of Nursing.
- Personal and professional reputations: Criminal charges can damage a nurse’s personal and professional reputation. Nurses are expected to maintain high ethical and professional standards, and criminal charges can call these standards into question.
- Criminal penalties: Criminal convictions can result in significant penalties, including jail time, fines, and probation. These penalties can significantly impact a nurse’s life and career prospects.
Navigating Arizona’s Board of Nursing Disciplinary Process
If you are a nurse who has been charged with a prescription drug offense, it is crucial to understand the disciplinary process of the Arizona State Board of Nursing.
The Board can investigate misconduct allegations, including criminal convictions, and discipline nurses violating nursing laws or regulations.
If you are facing disciplinary action from the Board, hiring an experienced defense attorney who can represent you and help you navigate the disciplinary process is essential.
Your attorney can help you gather evidence, prepare for hearings, and negotiate with the Board on your behalf.
The Role of Rehabilitation and Treatment in Protecting Your Nursing License
Rehabilitation and treatment can play a significant role in protecting your nursing license after a prescription drug charge.
If you are facing criminal charges, seeking treatment for any underlying substance abuse issues is essential.
Completing a substance abuse treatment program can demonstrate to the court and the Arizona State Board of Nursing that you are responsible for your actions and committed to making positive changes in your life.
Your attorney can help you find a reputable treatment program and work with the court and the Board to ensure that your rehabilitation efforts are considered during your legal proceedings.
Maintaining Ethical Standards and Compliance with Arizona Nursing Laws
As a nurse, it is essential to maintain ethical standards and comply with Arizona nursing laws to protect your nursing license.
If you are facing criminal charges, working with an attorney who understands nurses’ specific legal and ethical obligations is essential.
Your attorney can help you navigate the legal system while ensuring that you comply with Arizona nursing laws and ethical standards.
Additionally, they can help you understand your legal rights and the potential consequences of a criminal conviction on your nursing license.
You are Not Alone. The Shah Law Firm is Here to Help
If you are facing criminal charges related to prescription drug offenses, it is essential to take swift action to protect your nursing license and your future career prospects.
By understanding the potential consequences of a criminal conviction and taking steps to protect your nursing license, you can safeguard your career and your future.
Remember, having a skilled defense attorney by your side can make all the difference in the world when facing the challenges and consequences of a drug charge.
Don’t let a prescription drug charge define your future—contact the Shah Law Firm today and receive a free consultation at (602) 560-7408.
