By Barbara Forshier on October 25th, 2024 in
Will Every Report to the Board of Nursing Result in Discipline?
Many reports are made to the Board of Nursing each year. The Board has a method of triaging the complaints based on the severity. While every report is serious, some issues are less likely to result in discipline.
Working with an attorney from the start can help you prepare for the investigation and the possibility that the Board will dismiss the complaint. The Board should also consider ‘mitigating’ factors surrounding your issue. Mitigating means to make something less serious or lessening the gravity of an offense or mistake.
Your attorney should work with you on strategies to mitigate the seriousness of the issue.
Most issues that nurses are reported to the Board for do not pose a risk of physical harm to the patient, but they are against the conduct that is expected of a nurse. For example, if you were found guilty of a HIPAA privacy violation, this could have resulted in a security breach of patient data. Depending on the level of the breach, you may have been fired by your employer or you may have been provided remedial education or put on probation. If your employer already took action against you, that is a mitigating factor.
Unprofessional conduct is another reason that nurses are reported to the Board. As a professional you are expected to always act like a professional, even off the clock. If you are a bully to other staff, you could be reported for unprofessional and unethical conduct. Nurses are often terminated because they cannot get along with other staff. Be aware that lateral violence- or bullying affects patient care by distracting the target which may result in mistakes and patient harm. Taking classes on professionalism and attending therapy or utilizing your employer’s ‘employee assistance program’ (EAP) can be a mitigating factor.
Being convicted of a DUI is another time when the Board may not take action unless they believe, based on evidence, that you have a substance use disorder (SUD) that needs to be monitored to ensure you are safe to practice as a nurse. You may need to report to the Health Professionals Services Program (HPSP) for monitoring of your SUD. Be sure to speak to an experienced license defense attorney before you take any action. Remember you must accurately report all convictions on your registration renewal. In some states you must even report charges against you when you renew your registration, even if you have not been convicted.
Another mitigating factor is solid past performance as a nurse. It is wise to keep a portfolio of thank you notes, employee performance evaluations, certifications, and any other positive awards or letters you receive as a nurse. Hopefully you will never need them, but these documents are very helpful to show that you likely made a one-time mistake and are otherwise a great employee.
The Board’s mission is to protect the public. They investigate each complaint, and the initial investigation is to find out if you violated any laws that they are empowered to enforce (jurisdiction). If the investigator decides there’s enough evidence to pursue further action, you will receive further correspondence, but it could take 6-12 months. It is wise to retain an attorney early in the process, like when you are fired, or when you are charged with a crime.
Less Serious Incidents May Not Impact Your Nursing License
Some less serious incidents may not impact your license. If the incident is dismissed by the Board, it will not become public, nor will it impact your ability to practice. You can continue practicing, but you may be required to correct by completing additional education.
Nurses should:
- Read the Nurse Practice Act (NPA)-you are responsible to know the NPA for each state in which you are licensed
- Avoid similar incidents in the future
- Educate yourself; attend conferences and seminars
- Focus on safe, competent patient care
- Become nationally certified in your area of practice
- Stay apprised of evidence-based best practices
- Know your facility policies and procedures and abide by them
How an RN Attorney Can Help
Having an experienced RN attorney on your side can help you protect your license and your career.
Your attorney should provide you with measures to take to mitigate the seriousness of your case.
An experienced attorney, like Barbara Forshier, can help you prepare for a dismissal or something less than discipline, like an Agreement for Corrective Action (ACA). Preparation with Barbara Forshier involves quizzing your critical thinking skills or setting you up with a professional nurse consultant prior to your Board appearance.
At Forshier Law, we have been helping nurses defend their licenses since 2013. Attorney Barbara Forshier understands the challenges you face because she worked as an RN for 40 years. Call today to set up a consultation.