The Alabama Board of Nursing receives numerous questions from applicants
regarding prior criminal offenses and discipline by another state board of nursing. The
following are some of our most frequently asked questions with answers which may be
helpful to prospective applicants.
What type of
criminal history should be reported on the application?
Can a person obtain a license as
a nurse with a misdemeanor or felony conviction?
Do I have to report criminal
charges if I completed a period of probation and the charges were dismissed or the case
was closed?
What type of documentation do I need
to submit in support of my application if I have a prior criminal record or license
discipline?
How can I help facilitate a
speedy review of my application?
What must be reported concerning
discipline by another state Board of Nursing?
Will it help to call and check on
the status of my application?
Can I obtain a temporary permit
if I have a "yes" answer to a regulatory question on the application?
Question: What
type of criminal history should be reported on the application?
Answer: All arrests and convictions
should be reported. This includes cases which were ultimately dismissed. It includes cases
which were resolved by a guilty plea, nolo contendre plea, a trial or by some type of
deferred prosecution. Felonies and misdemeanors should be reported. Minor traffic
violations do not need to be reported. DUI is not a minor traffic violation.
Question: Can
a person obtain a license as a nurse with a misdemeanor or felony conviction?
Answer: Each applicant is evaluated on
a case by case basis. The Board of Nursing considers the nature, severity, and recency of
the offense, as well as rehabilitative efforts and other factors. The Board cannot make a
determination for approval or denial of licensure until the entire application and
supporting documentation is received and reviewed.
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Question: Do
I have to report criminal charges if I completed a period of probation and the charges
were dismissed or the case was closed?
Answer: Yes. Offenses must be reported
to the Board even if you received a suspended imposition of sentence and the record is now
considered closed. The arrest is still on your record and must be reported.
Question: What
type of documentation do I need to submit in support of my application if I have a prior
criminal record or license discipline?
Answer: You should submit:
- Certified official court document(s) relative to your criminal
record, showing the date(s) and circumstance(s) surrounding your arrest(s)/conviction(s),
sections of the law violated, and disposition of the case. This would normally consist of
the charging document (Complaint or Indictment), and the Case Action Summary or other
documents showing the final disposition of your case. If placed on probation, you should
also include the Order of Probation and official documentation of completion of the
probationary period. The court clerk must certify these court documents.
- Certified copy of the documents relative to any disciplinary
action taken against any license by another state board of nursing. The documents must
come from the agency that took the disciplinary action and must be certified by that
agency. If previously disciplined by the Alabama Board of Nursing, you should state the
action taken against you.
- A detailed description of the circumstances surrounding your
criminal record or disciplinary action and a thorough description of the rehabilitative
changes in your lifestyle since the time of the offense or disciplinary action which would
enable you to avoid future occurrences. It would be helpful to include factors in your
lifestyle which you feel may have contributed to your crime or disciplinary action, what
you have learned about yourself since that time, and the changes you have made that
support your rehabilitation.
Note: The burden of proof lies with the
applicant to demonstrate evidence of rehabilitation.
Examples of rehabilitation evidence include,
but are not limited to:
- If applicable to your crime or discipline, documented evidence
of professional treatment and counseling you may have completed. Please provide admission
and discharge summaries if treatment received.
- Letters of reference, on official letterhead, from: employers,
nursing program administrators, nursing instructors, health professionals, professional
counselors, support group sponsors, parole or probation officers, or other individuals in
positions of authority who are knowledgeable about your rehabilitation efforts.
- Proof of community work, education, and/or self-improvement
efforts.
- Court-issued certificate of rehabilitation or evidence of
expungement, proof of compliance with criminal probation or parole, and orders of the
court.
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Question: How
can I help facilitate a speedy review of my application?
Answer: The Board of Nursing strongly
encourages all individuals with a criminal or disciplinary history to be fully prepared
with information regarding their background and to start the application process as soon
as you can.
Question: What
must be reported concerning discipline by another state Board of Nursing?
Answer: All prior or current
disciplinary action against another professional license must be reported, whether it
occurred in Alabama or in another state or territory. If RN to LPN where there was
discipline by this Board against the LPN license, this should also be reported.
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Question: Will
it help to call and check on the status of my application?
Answer: It may take additional time to
process an application containing a "yes" answer. You will be notified if
further information is required. Please do not call Board of Nursing office as such
only serves to delay the process.
Question: Can
I obtain a temporary permit if I have a "yes" answer to a regulatory question on
the application?
Answer: If your application can be
cleared without discipline, you will be issued a temporary permit, if otherwise eligible.
If your application cannot be cleared without discipline, you will not be issued a
temporary permit. Your case will be presented to the Board and, if your application is
approved, you will be made eligible to sit for the exam.
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