By Barbara Forshier on July 15th, 2026 in License Defense
If you’ve received notice that the Minnesota Board of Nursing is investigating a complaint against you, your first question is probably a practical one: do you have to stop working? In most cases, the answer is no. An investigation does not impact your license or prevent you from continuing to practice.
That said, the circumstances behind the complaint matter. There are certain situations where the Board can take immediate action on your license.
In this article, we’ll explain what a Board investigation is, whether it can affect your current job, when a temporary suspension might occur, and what you can do to protect your license throughout the process.
Does a Board Investigation Mean You Did Something Wrong?
No. An investigation is a fact-finding process. When the Board receives a complaint, it has a legal obligation to look into it. That inquiry does not mean the Board has concluded you violated any standard of practice, and it does not mean discipline is inevitable.
Many nurses who have been investigated receive no disciplinary action at all. The Board may close the case after reviewing the facts, may dismiss the case after receiving your response to the allegations or take other non-disciplinary action. The outcome depends on what the investigation actually finds, not on the fact that a complaint was filed. The Board must prove that your conduct violated the Nurse Practice Act by a preponderance of the evidence, which is a “more likely than not” standard.
Should You Tell Your Employer About a Board Investigation?
Minnesota law does not require nurses to notify their employer that the Board of Nursing has opened an investigation. However, it is important to note that you may still have disclosure obligations under your employment contract or workplace policies, so it is best to review these documents to understand whether reporting the investigation to your employer is necessary. You should reach out to a license defense attorney before you speak to your employer. The investigation is just that, an investigation. It is a confidential process and may stem from untrue allegations.
Can a Board Investigation Affect Your Current Job?
It depends. Under certain circumstances the Minnesota Board of Nursing has the statutory authority to impose an immediate temporary or other suspension. You are then responsible for alerting your employer that you are not licensed to work until the Board takes further action in the form of a conference.
If the Board temporarily suspends your license, that of course, will affect your employment. Otherwise, a pending Board investigation does not prevent you from continuing to work.
When Can the Minnesota Board of Nursing Automatically or Temporarily Suspend a License prior to a hearing/conference?
Automatic suspension will occur if a nurse is 1) put under a guardianship; 2) committed by order of the court (civil commitment) or 3) determined to be mentally incompetent, mentally ill, chemically dependent or found to be dangerous to the public by a court. Once the nurse is restored to capacity, the nurse may file a petition for reinstatement.
Temporary suspension can occur without a hearing if the Board has probable cause to believe the nurse poses a serious risk of harm to others. The Board must schedule a hearing no later than 30 days after issuing the suspension.
Suspension may also occur under the “occupational license suspension” statute (MN. Stat. section 518A.66) for failure to pay child support or maintenance payments as court ordered. This can happen if the nurse is in arrears of ordered payments in an amount equal to or greater than three times the obligor’s total monthly support/maintenance obligation.
Under the Minnesota Nurse Practice Act, the Board has authority to take summary suspension or other emergency action prior to a formal hearing when a nurse’s continued practice poses an imminent risk to public health or safety. Situations that may lead to this kind of immediate action include, but are not limited to:
- Alleged impairment due to drugs or alcohol while on duty
- Serious patient safety incidents that suggest an ongoing risk
- Criminal conduct related to nursing practice
What Nurses Should Avoid Doing During an Investigation
How you conduct yourself during an investigation can affect the outcome of your case. There are several common mistakes that nurses make during this time.
Nurses under investigation should avoid:
- Making statements to the Board, employers, or colleagues without first understanding the full scope of the allegations-any statements you make can be used against you
- Ignoring Board correspondence or missing response deadlines-be sure your email address and mailing address are correct
- Discussing the investigation with coworkers or posting about it on social media
- Assuming the matter will resolve itself without any active response
- Continuing any conduct that could generate additional complaints or reinforce the original allegations
Each of these missteps can make a manageable situation more difficult to resolve. And statements made without full context can be used in ways that are hard to walk back.
How to Protect Your Nursing License While the Investigation Is Pending
Taking a clear, organized approach during an investigation gives you the best opportunity to come through it with your license intact. There are concrete steps you can take from the moment you receive a Board notice or even before you receive a notice.
Practical steps to protect your license include:
- Responding promptly to all Board communications within stated deadlines
- Preserving relevant documentation, records, and any materials related to the underlying complaint
- Writing up what happened to preserve your memory; the board may not hear your case for over a year
- Continue to comply with professional standards and workplace policies throughout the process
- Carefully reviewing and preparing any written responses the Board requests before submitting them
- Avoiding actions or statements that could be interpreted as an admission or that could surface new concerns
One of the most significant things you can do is seek legal guidance before you take any formal steps in the process. A lawyer familiar with Minnesota nursing license matters can help you understand what and why the Board is investigating, prepare your response, determine a defense strategy and avoid procedural mistakes that could affect the outcome. Acting quickly and thoughtfully is far more effective than waiting to see how things develop.
When to Contact a Minnesota Nursing License Defense Lawyer
The best time to reach out to a lawyer is as soon as you learn you are under Board investigation or earlier if you are terminated, suspended or resign in lieu of termination from nursing employment. That means before you submit a written response, before you participate in any Board interview, and before you turn over documents. The sooner you seek legal guidance, the more prepared you will be to face the Board.
Some nurses worry that hiring a lawyer will make them look guilty. It doesn’t. A Board investigation is a legal and regulatory process, and obtaining legal representation is simply a way to protect your rights and ensure your response is accurate and complete.
Once you’ve made statements to the Board, those statements become part of the record. A lawyer who understands Minnesota licensing proceedings will help you respond in a way that accurately represents your situation without inadvertently creating new problems.
Barbara Forshier is a Minnesota nursing license defense lawyer with 40 years of nursing experience and 18 years of legal experience. She has defended hundreds of nurses over many years of legal practice. That background gives her a grounded understanding of how nursing practice works, what the Board’s concerns are likely to be, and how to present a nurse’s situation in a way that reflects the realities of the job. If you’ve received a “Complaint Notification Letter” (CNL) from the Board stating you are under investigation, act quickly and contact Forshier Law to talk through your situation.
