Regardless of your practice area or specialization, nurses are held to a high standard of care. Finding out that a colleague, patient, or employer has reported you to the Board of Nursing (BON) is disheartening and scary — for professional as well as personal reasons.
Nurses facing investigation by the BON may not realize that they are entitled to representation, or they may feel that hiring an attorney for an internal hearing would be overkill. Unfortunately, many nurses who treat their investigation as an informal process underestimate the long-term consequences of board discipline.
Whether you’re accused of gross negligence or a relatively minor infraction, involving an attorney in the process as early as possible can protect your good standing and future employability.
When someone initiates a complaint against you, it sets a series of events into motion. The BON is required to examine all reports and determine whether an investigation is warranted. If the board initially finds that 1) the case falls under its jurisdiction, and 2) the allegations, if true, would violate the Nursing Practice Act, the process moves forward.
Though nursing board practices and procedures vary somewhat state by state, North Carolina nurses are typically notified of a complaint after the BON has already determined that it warrants further investigation.
Here’s what to expect once you’ve been made aware of the report:
The BON has broad authority to issue professional discipline. Though every case is unique, disciplinary actions generally fall into the following categories:
What all of these sanctions have in common is that they are generally publicly available, meaning that future clients, coworkers, and employers can freely access the details of your case.
Even if you’re confident that your board complaint is the result of a simple misunderstanding, it’s important to appreciate that disciplinary action can alter the course of your career.
An attorney with experience defending nurses’ licenses and professional representation will understand these stakes and take a proactive approach.
The investigative process is time-sensitive. When emotions run high, a qualified attorney can see to the details of your case so you don’t have to. Choose representation that is familiar with the board’s procedural rules to ensure that all of your responses and motions are filed in an accurate and timely way.
It’s critical that you develop a cohesive defense strategy and avoid contradicting or incriminating yourself at any point in the process. An attorney can help you anticipate the BON’s questions and prepare good responses. They can also assist with gathering evidence in support of your case and address potential issues with your defense before they arise.
If your case proceeds to a pre-hearing settlement conference, an experienced attorney will be instrumental in helping you understand your options. Weighing professional consequences against your likelihood of prevailing in a formal hearing will ensure that you make the best choice for yourself and your career.
The longer you wait, the more likely it is that you have already committed to statements that will harm your case. It’s also very possible that waiting will cause you to miss opportunities or overlook crucial evidence that can’t be recovered at a later point. While it’s not uncommon for nurses to wait until they are facing a formal hearing to retain a lawyer, those who act at the first sign of trouble will have significant advantages.
Because it’s impossible to know for certain how far the BON will decide to take your case, it’s always best to involve a lawyer as soon as possible. You’re much better off consulting with an attorney about a complaint that gets quickly dismissed than putting off involving one until you’re scrambling to prepare for a hearing.
Professional license defense is a unique legal niche. A Google search for “BON complaints” tends to yield hundreds of results aimed at people who want to report a nurse, but very few resources for nurses under investigation. Unfortunately, family attorneys and general practitioners are generally unfamiliar with the BON’s investigative process.
Choosing an experienced professional license defense attorney offers nurses many advantages. An ideal choice will have direct experience defending nurses in local BON investigations.
Seek out someone familiar with your state’s licensing board and a proven track record of success representing other professionals. A good defense is one that understands the importance of a nurse’s reputation and prioritizes the future of your career.
