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Why Are Felons Still Being Allowed Nursing Licenses?

State Doesn't Require Nurses To Undergo Background Checks

POSTED: 3:22 pm MDT July 18, 2005
UPDATED: 12:58 pm MDT July 19, 2005

They're convicted felons with records ranging from drug use, fraud and even violent crimes, yet they have state nursing licenses. How could this be? After a 7NEWS investigation into this problem in 2002, state officials said they were taking steps to close loopholes that allowed applicants with serious felonies to get nursing licenses.

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So 7NEWS decided to check on their progress and found nothing has changed. And it raises serious questions about who is allowed to take care of you and your loved ones.

In 2004, Nurse No. 1 (her name is being withheld by 7NEWS' Investigators) was arrested for second-degree assault, attempted first degree murder, and possession of methamphetamine. She pleaded guilty to felony menacing, a violent crime, and to drug possession. She is still on probation and she's a licensed nurse.

But if you look up her name on the board of nursing database, you will find she is in good standing and was renewed four months ago.

"If she had told us that, then we would have investigated it, and it would be my assumption that she falsely provided information on her renewal application," said Geoff Heir with the Colorado Department of Regulatory Agencies.

But the fact is, the department doesn't have the means to know whether she lied because it doesn't do criminal background checks.

"We are not, we don't have the authority or the resources to do a criminal background check," said Heir.

No one applying for a nurse's license in Colorado undergoes a background check nor do those nurses who renew their licenses.

And Heir said the nursing board has no legal authority to conduct such checks unless there is a complaint.

"We have a self-reporting process, where on renewal and initial application, we require the applicant to self-report and sign an affidavit that it's true and honest, whether or not they have any criminal history," said Heir.

But if the nurses don't report it, and they have a criminal background, there's no provision to check it.

"We have no ability to check it, that's correct," Heir said.

Another woman, (Nurse No. 2) was convicted in 2004 of forgery in attempt to defraud Medicare. She is still on probation. And in May 2005, court documents show she admitted using methamphetamine to such an extent that she was not able to take care of herself or her children.

Yet this month 7NEWS found her working for a nursing pool assigned to a Lakewood nursing home. If you check the nursing board database, she is listed as having an active license with no restrictions.

"When I go to that Web site and see somebody's clean license, that really doesn't tell me much does it?" Investigator John Ferrugia asked.

"It doesn't tell you everything you may want to know, no," Heir replied.

So the public won't know if someone has a criminal record.

And finally there is the case of a nurse granted a license even though the nursing board knew she has a history of drug convictions going back to 1996.

The board knew she pleaded guilty to felony forgery and drug possession in 2003 and continued to let her keep her license. And this year, she pleaded guilty to a felony for drug charges in connection with a prison gang called the 2-11 crew.

But if you look at the nursing board Web site, she has a clean and active license.

"I don't know what transpired at the board meeting where they decided to give her a license but it certainly appears it should have been looked at a little bit differently," Heir said.

In fact, 7NEWS spoke to Nurse No. 3, who said she's surprised the state hasn't suspended her license.

"I think that it's certainly something we need to look at. We need to explore the scope of the problem," said Heir. "As to what happened four years ago, the general assembly needs to decide whether it's a high enough priority for them. We can only implement what we are authorized to do.

"I think that you make a very valid point -- that there are some loopholes that we need to look at closing," Heir said.

7NEWS has contacted members of the state legislature and expect to speak with them about this issue on Monday.

Clearly, most nurses are not criminals but as a point of reference, real estate agents in Colorado are required to have a fingerprint on file and annual background check, so you would think that nurses, who have responsibility for your health, would have at least the same standard.

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