By Barbara Forshier on June 2nd, 2025 in License Defense
Receiving a letter from the Minnesota Board of Nursing can be alarming. A complaint has been filed, and now your conduct and actions are under investigation. Your nursing license, livelihood, and reputation are potentially at risk. Whether the complaint stems from a misunderstanding, a patient issue, or something more serious, it’s crucial to understand the process and your rights so you can respond effectively.
Throughout the investigation, the Board of Nursing will be represented by an attorney from the Minnesota Attorney General’s Office. You deserve your own legal advocate who can ensure you’re treated fairly and protect your rights. At Forshier Law, we understand the hard work and dedication it takes to become a nurse. We are committed to standing by you and fighting for the best possible outcome in your nursing board complaint.
What is a Nursing Board Complaint?
A nursing board complaint is a serious matter, but it does not mean that you have been found guilty of something. It means that your conduct is under investigation, and you may face consequences depending on the facts.
If you are found in violation of the Minnesota Nurse Practice Act, you may receive discipline, which can result in you being reprimanded, paying a fine, having limitations on where you can work, requiring education with a nurse consultant, or for very serious violations you could have your license suspended or revoked. If the Board of Nursing can show that you present an immediate risk of harm, they can implement an immediate temporary suspension of your license. They may also ask you to stop practicing while your matter is being investigated; that is called a Stipulation to Cease Practice. If you sign the Stipulation to Cease Practice, you will not be allowed to practice and you will face possible discipline when the Board is prepared to process your case.
If the Board of Nursing finds the matter does not rise to the level of discipline but believes you should show proof of education, they can impose an Agreement for Corrective Action. This is a non-disciplinary action where you will be required to meet with a nurse consultant for a set number of hours and provide a written report to the Board upon completion. Once you have fulfilled the requirements, the matter is dismissed. However, the document remains on your license forever.
Common Reasons for Nursing Board Complaints
Any suspected violation of the Minnesota Nurse Practice Act can be reported to the Board. Reports can be made by anyone. Some common reasons for Board of Nursing complaints include:
- Boundary violations: Nurses are expected to adhere to strict professional boundaries because there is a power differential between the nurse and the patient. Examples of boundary violations might be giving or asking for sums of money, oversharing personal details, or otherwise failing to maintain a professional separation while the patient is under your care. Any finding of sexual interaction with a patient will result in suspension or revocation of your license.
- Abuse: Inappropriate sexual contact, putting a patient in harm’s way, physical or emotional abuse like shouting, harassment, manipulation, or other kinds of maltreatment are all reportable to the Minnesota Nursing Board.
- Addiction and substance use: Accusations of drug diversion, unauthorized prescriptions, false documentation of medication administration, working while impaired or under the influence, or being convicted of a DUI can all result in an action by the Minnesota Board of Nursing. While a nurse will not be disciplined for having an addiction, the Board must ensure all Minnesota nurses are safe to practice. If you have an addiction, the Board may order you to participate in the Health Professionals Services Program (HPSP) which is an alternative to a discipline program with strict monitoring of those nurses diagnosed with a Substance Use Disorder. This referral can be done either on a disciplinary (public) basis or on a non-disciplinary (not public) basis.
- False claims: Improperly documenting hours, lying about your work experience or credentials, falsifying insurance paperwork, and other kinds of fraud are all very serious and are reportable.
- Standard of care issues: Examples include but are not limited to improper medication administration; failure to assess, reassess, and document pain; failure to report and document a change in condition; and failure to intervene. Nurses should be knowledgeable about the nursing standard of care for their area of practice. This can be found by accessing the national or local professional organizations for your specialty. Policies and procedures are also considered standards of care. Every nurse is responsible for knowing what the facility/employer policies are and abiding by them. If the policy does not reflect your practice or that of the unit, either the policy or your practice must be changed. The expectation under the Nurse Practice Act is to meet the minimum standard of care.
What is the Minnesota Board of Nursing Investigation Process?
During a Minnesota Board of Nursing investigation, you can expect to receive a letter stating that a complaint has been filed. At this point, we advise you to speak to a nurse defense attorney at this point. The next correspondence you receive from the Board will require a response and the timeline is often very short. Your lawyer will ensure that you meet all of the stated deadlines since failure to respond can result in you facing sanctions. The Board will subpoena your employment records as well as applicable patient records. They will then either request a written response to the allegations or send a Notice of Conference, requiring you to attend an in-person conference in front of a disciplinary Review Panel in addition to responding to the allegations in writing. The panel will be made up of at least one board member, one registered nurse staff member, and an attorney from the Minnesota Attorney General’s office. They will ask you questions about the allegations, and you will have the opportunity to respond.
It is important to contact an attorney who has worked with the Board and can prepare you for your conference. After the conference, the Review Panel will deliberate and come back and inform you of the proposed outcome at the time of the conference. If the proposal is for discipline, it is very difficult to change the outcome once it is proposed. That is why it is important to have an experienced attorney throughout the process.
What Are Your Rights in a Nursing License Investigation?
An investigation is a serious matter that can decide the future of your career, however, you have rights, and you are not presumed to be guilty just because you have come under review. You have the right to be represented by an attorney. The Board is represented by the Attorney General’s Office; you should be represented also. You have the right to due process, meaning that certain procedures must be followed. However, at this point, the actions of the Board are considered investigatory, so the only requirement is a notice of the allegations and the right to respond to the allegations. A nurse rarely has the opportunity afforded by the Constitution to cross-examine witnesses due to the unfortunate processes in place in Minnesota.
In the event that you are found to have violated a provision of the Nurse Practice Act, there will likely be a disciplinary outcome which will be sent for your review. You will be asked to sign the Stipulation and Consent Order (SCO). However, we have found that most often the proposed SCO is inaccurate as the Board has not proven what is factual versus a mere allegation. The SCO will also outline any limitations or conditions that you must abide by. If you disagree with the outcome, you also have the right to appeal a decision from the Nursing Board. This will take place in a trial-like setting before an administrative law judge, and you have the right to be represented by a lawyer in this stage as well.
How Can a Nursing License Defense Attorney Help You Respond?
Many nurses wonder: Why should I work with an attorney? Isn’t the Board supposed to protect me? The Minnesota Board of Nursing‘s mission statement reads: “The mission of the Minnesota Board of Nursing is to protect the public’s health and safety through regulation of nursing education, licensure and practice.” The reality is that the Nursing Board is charged with protecting the public from nurses who are not safe to provide patient care, not protecting the nurse. Because of this, you need an attorney who is looking out for your interests when you come under review.
Depending on the details of your nursing board complaint, you may be able to have the action dismissed with the help of a lawyer either before the hearing with a written response, or afterward. Your nursing license defense lawyer can help you draft your response, prepare for your conference, and gather evidence that supports you.
Forshier Law will help you understand where the accusation being made against you stems from, and strategize about how to respond. We can help you gather the documentation you’ll need in your defense, and ensure you do not miss any deadlines. We will also review and negotiate the information in the SCO that will be public. Finally, Forshier Law will help you understand how to be successful in your career going forward and if you have been suspended we will outline the actions necessary to be reinstated.
How to Protect Your Nursing License
Nurses face daily pressures that can put their licenses at risk. Taking proactive steps to protect your license is essential. Here are some practical ways to safeguard your career and avoid complaints to the nursing board:
- Know your facility’s policies, and make sure you are following them, especially when it comes to the handling of controlled substances. Drug diversion (or the appearance of diversion) is one of the most common reasons for a nursing board complaint.
- Document. If it’s not documented, it’s not done. This is your defense. You must document all assessments, interventions, calls to providers, responses from providers, and what steps you took if the provider is non-responsive.
- Avoid discussing nursing board matters with coworkers.
- Consider professional liability/license protection insurance. Nurses are covered by their place of employment for negligence that occurs when they are working. However, license defense is never covered by your employer. In fact, most Board investigations stem from an employment action. We advise all nurses to carry insurance because defending your license and your livelihood is imperative. Professional liability insurance costs are minimal compared to the cost if you have to defend your license.
- Avoid sharing patient information on social media. Nurses who post sensitive information on TikTok, Instagram, Facebook, and other social media can be reported for a privacy violation. Keep cameras away from your patients.
- Be aware of nurse burnout. Take care of yourself, and encourage the same for your fellow nurses. Being overworked and understaffed can lead to avoidable mistakes, frustration, unprofessional behavior, and personal issues that could impair your decision-making. Burnout is a real risk factor for nursing board complaints. If you see someone who needs a break, or if you yourself are at your limit, tell a supervisor.
- Nurse Bullying is a frequent issue in nursing. If you are a bully, you could be reported to the Board. Bullying is unacceptable. Nurses are professionals and are expected to act professionally on and off the clock.
If You’re Facing a Complaint, Get Help From Our Minnesota Nursing License Defense Lawyer
At Forshier Law, we will work tirelessly on your behalf when faced with a nursing board complaint. From one nurse to another, we know how hard you have worked to get where you are today. We are also well aware of the system failures that persist in the corporate healthcare environment. Nursing is tough. We know. Barbara Forshier has 40 years of experience as a nurse and knows exactly what is at stake in a nursing license defense case. If you get a letter from the Minnesota Board of Nursing, don’t handle it alone. Contact us for a consultation about how we can help.
