Can I be a nurse in Colorado with a criminal record?
Your application for a Colorado registered nursing license could be denied if your background check shows past crimes. If you are a licensed nurse and ever pick up a felony conviction, you could be stripped of your license temporarily or permanently.
Here are four key things to know:
As a licensed nurse, you must self-report any convictions to the licensing board within 30 days.
You can request an administrative hearing to contest any disciplinary measures.
Having a criminal history does not automatically disqualify you from becoming a nurse.
Unauthorized nursing can be a misdemeanor or a felony depending on if you held yourself out as a licensed nurse.
In this article, our Denver criminal defense attorneys discuss howcriminal convictions affect nursing licenses in Colorado. Click on a topic to jump to that section:
The Colorado Board of Nursing regulates who receives and keeps nursing licenses in the state of Colorado. It is comprised of 11 members who are appointed by the governor. The Board is located at:
1560 Broadway, Suite 1350
Denver, CO 80202
The phone number is 303-894-2430. The fax number is 303-894-2821. The e-mail is [email protected].
2. Background Checks
If you are applying for any of the following nursing-related licenses in Colorado, you must disclose any past criminal history and any pending criminal cases:
Registered Nurses (RNs),
Practical Nurses (PNs),
Certified Nurse Aids (CNAs),
Advanced Practice Nurses (APN), or
Psychiatric Technicians.1
In addition, you must provide fingerprints through approved vendor IdentoGO Fingerprint Services and submit to a background check.
Having an arrest or conviction does not automatically disqualify you from obtaining a nursing license. Instead, the Nursing Board will consider the “facts surrounding the criminal conduct” in deciding whether to grant a license.
However, the Nursing Board can automatically disqualify you for not including your criminal history in your application.2 If you have had your records sealed or expunged, seek legal advice regarding whether you should include that information in the application.
Note that your fingerprints are used to conduct both state and national background checks with:
Also note that you usually have to submit to a background check just to apply to nursing school. The standards can be even stricter than the state board’s.
As of 2018, aspiring registered nurses and practical nurses in Colorado must submit to a criminal background check.
3. Self-Reporting
If you get convicted of a crime, you are required to report it to the Colorado Board of Nursing within 30 days of the conviction.4 Note that this applies to RNs, PNs, CNAs, APNs, and psychiatric technicians.
Afterward, the Board will conduct an investigation on the matter and determine whether to:
do nothing,
issue an admonition letter,
impose a fine,
suspend your license,
limit the scope of your license,
revoke your license,
refuse to renew your license, or
place you on probation.
The Board would then notify you of its decision and provide instructions on how to request a hearing to contest it. Note that if you do lose your license, you may apply for a new one no sooner than two years after the revocation.5
4. Disciplinary Hearings
If you are facing a license suspension or revocation, you are entitled to a hearing before the Colorado Board of Nursing to argue why you should keep your license. These hearings are like mini-trials, and you are advised to hire an attorney to advocate for you.6
The following are typical arguments that a defense attorney would make to the Board:
there is no overlap between the nature of the criminal conviction and your duties and abilities;
you have taken complete responsibility for your actions;
you are of good moral character; and
you are an important part of the community.
Your attorney might also try to get former patients and colleagues to write letters in support of you.
5. Unlicensed Nursing
If your Colorado nursing license gets suspended or revoked, you risk criminal charges if you continue nursing.
Nursing without a license is a class 2 misdemeanor in Colorado. The penalty is:
1 to 18 months years in state prison (plus one year of mandatory parole) and/or
$1,000 to $100,000 in fines.7
In addition, having a conviction for unauthorized practice of nursing could permanently prevent you from being able to get a license ever again.
Nursing without a license is a crime in Colorado.
