By Barbara Forshier on October 25th, 2024 in
Are you worried about losing your nursing license? Less than 1% of nurses face disciplinary action while practicing. It’s rare for a nurse’s license to be revoked permanently. If you do have a suspension, it may be “stayed,” which is a fancy way of saying that you’re on probation and may continue to work within set limits or conditions.
Working with an attorney when facing any license discipline, including suspension is recommended because you may risk losing your license.
If the Board decides to ‘stay a suspension’ putting you on a probationary period, it may be one to two years before you can practice without restrictions.
Your first step should be to contact an attorney experienced in professional license defense.
First, Contact an Attorney Before You See the Board
You’ve worked hard to obtain your license, and while a complaint must go to a Board review panel before escalating further, your license and career could be at risk.
Losing a license, even temporarily with a suspension, can have a devastating impact on your career.
Before meeting with or responding to the board, contact a professional license defense attorney who will guide you through:
- What to say
- How to say
- Steps to take to mitigate the outcome
We know what it means to be a nurse. In addition to being a lawyer, Barbara Forshier was an RN for 40 years.. She’s seen first-hand the immense pressure that nurses are under and knows how a simple error can lead an action on your nursing license.
The Board is not always fair.
While a professional license is a property right which provides constitutional protections, including equal protection, often the board does not treat similar cases in a similar manner. Ms. Forshier successfully raised this claim when a client was given a longer suspension than the other nurse in the same situation. The Board must treat you fairly and in a manner that is consistent under the law.
An attorney will:
- Listen to your side of the story.
- Work on how you can tell your story to the Board.
- Guard you against questions that should not be answered without having your attorney present.
- Advise you on steps to take to mitigate the outcome
Once you receive a letter of investigation from the Board, an attorney can help you build a defense to allow for the best outcome.
An attorney will work with you from the start, helping you from the letter of investigation through the decision by the Board. If the board does decide to move forward with discipline that you believe is unwarranted you have a limited right to appeal. An attorney will also negotiate the public document. Often the board restates the allegations in the “Facts” section of the disciplinary order, even when they are not proven as true. The document will be public forever so it is important that it is accurate and does not provide unnecessary details.
Can I appeal the board’s decision?
An appeal is a very lengthy process before an Administrative Law Judge. Barbara Forshier has been through this process and knows when it is important to settle versus risk an outcome that could include tens of thousands of dollars of costs and legal fees incurred by the board.
What are the Consequences of License Discipline?
Discipline including suspension or revocation is a devastating loss for a nurse. For nurses, your career is not just a job; it is an identity. Any discipline and now even non-disciplinary educational outcomes are reported to the national practitioner data bank (NPDB).
Consequences of Certain Criminal Convictions
If your matter could involve criminal consequences, Forshier Law will provide referrals to criminal attorneys who work with professional licensees who understand the risk of certain criminal convictions. If the conviction is related to crimes of dishonesty, abuse or assault you may be barred from working in most facilities by the Minnesota Department of Health (MDH).
Make Sure You Have Malpractice Insurance
The Minnesota Nurses Association and Barbara Forshier recommend that nurses have their own personal liability policies to protect their livelihoods and assets. Yet many nurses are still vehemently opposed to having malpractice insurance. They believe they’ll be more likely to be named in a lawsuit if they carry their own insurance.
However, it’s important to remember that nurses can be held directly liable for injuries caused by their care. Liability insurance will help protect against these costs. Whether or not you carry malpractice insurance is not public information. Liability insurance usually also covers license defense. You are more likely to be called to defend your license than be named in a malpractice case.
What if your employer already provides coverage?
You are covered by your employer for malpractice that occurs while you are working. This is under the legal doctrine of Respondeat Superior. Even if your employer does provide malpractice coverage, it may not be enough to provide full coverage. Remember that your employer’s policy is designed to protect their interests. Having your own policy will help safeguard your own interests because you’ll be able to hire your own attorney.
Consider License Defense Insurance
If you’re worried about losing your nursing license, having license defense insurance will give you peace of mind that you can get the legal help you need to defend yourself.
Look for a professional liability policy that also includes license defense coverage, which will help cover the cost of legal fees associated with your case.
If the result of your disciplinary hearing is less than optimal and you wish to appeal the outcome, you will need to pursue a lengthy and costly trial-like proceeding. If you cannot afford to pay for these costs out-of-pocket and you don’t have insurance, you may be forced to live with the consequences of the result.
License defense coverage can make a world of difference in your case.
Be on Your Best Behavior
Contacting an attorney is the first and most important step if you’re worried about losing your nursing license. But it’s also important to ensure that you continue to behave professionally.
- Engage in ethical conduct
- Stay away from prescription and non-prescription drugs
- Follow the rules, and adhere to all policies and procedures
- Ensure your patients continue to receive quality care
The idea of losing your license is a devastating one, but don’t lose sight of what’s most important: providing safe and quality care to your patients.
Keep in mind that license revocation is a rare occurrence. To date, 188 nurses have lost their licenses in Minnesota. Contacting an attorney is the first step to protecting your livelihood and avoiding joining this list.
Take proactive measures to safeguard your career and reputation by contacting Forshier Law today. We are here to provide the legal guidance and support you need to protect your nursing license and your livelihood.
