If a nurse resigns, is it reported to the board?
First of all, it is important all that nurses know what the reporting requirements are under the Minnesota Nurse Practice Act (NPA). I have had several nurses say that they were told by their union representative that if they ‘resigned in lieu of termination,’ they would not be reported to the Board. That is not accurate.
Reporting obligations are found at Minnesota Statute 148.263. While some reporting is ‘permissible,’ other reports are mandatory. For instance, institutions, which include hospitals, “shall” report to the Board any actions that revoke, suspend, limit, or condition a nurse’s privilege to practice or any denial of privileges, dismissal or other disciplinary action. The hospitals must also report the “resignation of any nurse before the conclusion of any disciplinary proceeding. . .” this means a resignation in lieu of termination, (if it is for an issue that could lead to discipline under the NPA).
When there is a circumstance where the union feels that the suspension or termination has a good chance to be overturned through the grievance process, the union could ask management if they would hold off on the Board report until after the final conclusion of the matter.
At a recent disciplinary hearing at the Board of Nursing, the nurse was chastised for not knowing the reporting requirements and relying on her union steward. So, this is not just for the union steward/chair, every nurse should take the time to review the law under which we practice our profession.