Minnesota Nursing License Defense Attorney

There is no single timeline for an investigation. Although the Minnesota Board of Nursing states on its website that complaint investigations and resolution can take anywhere from a few weeks to several months, that is not the case. In fact, in the past three years, cases have been piling up at the Board, and it may take 2-3 years to even receive the Board Notice. The Board’s website also states that the majority of complaints are resolved within six months. Again, that is rarely the case. If you think you may be investigated by the Board, keep accurate records, write out what happened, save emails, and request letters from any witnesses because it will be difficult to recall specific events years later.

Yes. A Board investigation does not prevent a nurse from continuing to practice. However, if the Board determines that continued practice presents an imminent risk of harm, they may issue an immediate temporary suspension. If you have a serious criminal charge, the Board may send you a Stipulation to Cease Practice pending the outcome. You should not sign anything without consulting an attorney.

The National Practitioner Data Bank (NPDB) is a federal database containing information about health care practitioners, including reportable nursing licensing and disciplinary actions. State licensing authorities are required to report any discipline and any public record of a nurse’s license, even if it is not disciplinary.

The NPDB is not open for general public searches. Hospitals, licensing authorities, and certain other eligible health care organizations can query it for authorized purposes, and nurses can request a Self-Query to see information reported about themselves.

Another Data Bank kept by the National Council of State Boards of Nursing (NCSBN) is Nursys. This is only for nurses, whereas the NPDB contains other licensed health professionals.

The complaint and investigation are not public. If a complaint is dismissed after the investigation and response from the nurse, there is no public record. However, Agreements for Corrective Action are public even though they are considered non-disciplinary, and all formal disciplinary orders are also public.

No. Nurses have the right to be represented by an attorney during the Board's investigation and resolution process. Hiring counsel does not mean you are guilty. It means you are getting advice about a process that can affect your professional license and career before making decisions or statements that are impossible to change later.

The outcome depends on the evidence. The Board may dismiss the complaint without taking action against the license. It may also resolve a matter through an Agreement for Corrective Action, which is public but is not considered formal discipline. When the Board determines that discipline is warranted, possible actions can include a reprimand, civil penalty, conditions or limitations on practice, suspension, or revocation.

No. In Minnesota, that data is confidential. However, recently Arizona adopted legislation allowing the nurse to know who made the complaint, except in very narrow circumstances. It seems only fair and just to know the identity of the complainant. If you must appeal the proposed discipline, you will receive the investigative file, but the complainant’s name will be redacted.

A Review Panel conference (RPC) gives one or two board members an opportunity to hear directly from the nurse and discuss the concerns raised during the investigation. The Panel includes one or more Board members and is advised by an Assistant Attorney General. If you are asked to attend a Review Panel conference, you have the right to be represented by an attorney. While most Minnesota Health Licensing Boards have complaint committee panels of three, the Board of Nursing often has only one “panel” member present. This could even be a public member, not a nurse. The sole review panel member then determines your fate. That proposal is difficult to change, even if the panel member is wrong. The Board should bring in experts when the panel member lacks the requisite knowledge of minimum standards of care for a specific area of practice. This is not done, and often nurses must appeal the decision and hire an expert just to impose on the panel member that their perception or clinical knowledge is flawed.

First, read the Board’s correspondence carefully and pay close attention to any deadlines or instructions. It can be tempting to immediately write a lengthy explanation or contact other people involved in the situation, but responding before you fully understand the allegations may make the situation more difficult. Take time to gather any records or information that may help explain what happened, and speak with a nursing license defense attorney before submitting a response or appearing before the Board. Getting advice early can help you understand what the Board is asking for and make sure your side of the story is presented thoughtfully.