REPORT: February 2006

Ask the Experts

How would a DWI conviction affect my nursing license?

Q.: Over the holidays I was arrested and charged with driving while intoxicated (DWI). It was my second drinking and driving arrest in two years. The first time, the DWI charge was reduced and I was convicted of driving while ability impaired (DWAI). I expect to be convicted of DWI. How will this affect my nursing license? My license registration is due for renewal next year.

A.: First and foremost, answer all of the questions honestly when renewing your nursing license registration. Lying on your registration renewal, even by omission, will create more problems for you!

Reporting a conviction or convictions will prompt an investigation by the New York State Education Department (SED) Office of Professional Discipline (ODP). The OPD has the legal authority to investigate and prosecute professional misconduct. According to education law, being convicted of a crime is considered professional misconduct. It comes under the license requirement that a nurse “must be of good moral character.” A DWI arrest or conviction also may be indicative of an alcohol problem.

Contact SPAN

SPAN can:

• Facilitate access to the NYSED’s Professional Assistance Program, New York’s alternative to discipline program;
• Offer referrals to attorneys experienced in education law to help you defend your license, and to treatment providers who can assess and provide care if an alcohol problem does exist; and
• Offer peer assistance in the form of advocacy for nurses involved in the regulatory system. This includes 1:1 mentoring and peer support groups.

All nurses should consider carrying malpractice insurance. Many insurers provide license protection coverage that reimburses nurses for legal defense expenses up to a contract-specified amount. Information from NYSNA’s endorsed carrier, NSO, is available on our Web site, www.nysna.org — click on “NYSNA Departments and Services.”