Practicing Nursing Without a License

Along with doctors, attorneys, dentists, veterinarians, and other professionals, all states require anyone wishing to be a nurse to first obtain a state license. If you engage in nursing without that license, you commit the crime of practicing nursing without a license. There are slight differences in how states punish practicing nursing without a license, though they all cover the same general type of conduct.

What Does It Mean to Practice as a Nurse?

State laws differ slightly on what it means to practice nursing, though they involve the same type of activity. Nursing involves diagnosing patients, treating health problems, providing medical care, offering medical or health teaching and counseling, performing medical procedures or regimens as prescribed by a physician, as well as providing supportive or restorative medical care. These definitions apply to all nurses, including registered nurses, licensed nurse practitioners, and any other type of nursing a state recognizes.

What Is Practicing Nursing Without a License?

Some states punish practicing nursing without a license under the broader category of practicing medicine without a license, while other states may have specific laws that apply to nursing.

No License or a Lapsed License

Engaging in any nursing activities without a license is illegal. States also require nurses and other healthcare professionals to keep their licenses active if they wish to act as healthcare workers. If you fail to do this, for example by failing to pay the yearly registration fee or failing to participate in required ongoing education, your nursing license may be suspended or inactivated. If you continue to work as a nurse during the suspension or inactivation period, this too constitutes practicing nursing without a license.

False Pretenses to Obtain a License

The crime of practicing nursing without a license also applies to someone who obtains a license under false pretenses. For example, if you want to practice nursing and apply for your state license, you have to provide the state authorities with accurate and truthful information. If you conceal evidence of prior criminal conduct or forge your educational credentials, you be convicted of this crime once the falsehood is discovered. Even if the state initially misses the falsehood and grants your license anyway, you can later be convicted of practicing without a license.

What Are the Penalties for Practicing Nursing Without a License?

The crime of practicing nursing without a license is usually a misdemeanor, though felony charges are possible in some states. What differentiates a felony from a misdemeanor will differ depending on state law, but misdemeanor offenses involve less serious penalties than felony offenses.

Jail, Fines, Fees

Time behind bars is a possibility, although it's more likely a misdemeanor conviction would result in fines and probation, plus restitution for any harm done.
Restitution payments are made to the victim who suffered harm and are separate from any fines.

Injuries or Prior Acts

Some states have laws that provide for enhanced penalties in some situations where a person has committed prior acts of practicing nursing without a license, or if the actions resulted in a person suffering financial, physical, or psychological harm. These violations might result in felony charges.

Getting Legal Help

If you're being investigated for this crime or have already been charged, talk to a criminal defense attorney or ask for a public defender.