As a nurse, your license is more than just a credential; it’s the foundation of your career. An encumbered nursing license can pose significant challenges, affecting your ability to work and your professional reputation.
If you’re trying to move forward with your career after disciplinary action, it’s essential to understand your options, their potential career impacts, and how an experienced attorney can help you navigate the path to resolution.
If your nursing license is designated as “unencumbered” that means that you are free to practice with no restrictions or limitations. An encumbered license is a license with current discipline, conditions, or restrictions. It means that your ability to practice as a nurse may be subject to conditions imposed by your state’s licensing board. These restrictions can range from additional supervision requirements to a complete suspension of your license.
This designation indicates to anyone who looks at your personnel file that you’ve been professionally disciplined by the Board of Nursing (BON) in some way other than through an Alternative Program.
If you are currently facing the possibility of disciplinary restrictions on your nursing license, it is imperative that you consult an attorney before agreeing to the encumbrance. It is important to fully understand the terms of the restrictions and their potential impact on your career.
An experienced license defense attorney can work with you to understand the unique details of your case, but here are several common situations that lead to an encumbered license.
Nurses may face disciplinary action for employer policy violations, unprofessional conduct, patient neglect, or breaches of confidentiality.
Substance use disorders can interfere with safe nursing practice, leading to board intervention and participation in monitoring programs.
Offenses such as DWIs, theft, or assault can trigger board investigations and disciplinary measures.
Nurses who fail to complete required continuing education may face license encumbrances until they fulfill the requirements.
Serious or repeated errors in patient care, such as medication mistakes or documentation failures, can lead to license restrictions.
Depending on the reason for the disciplinary action, your encumbrance may prevent you from taking on specific duties, holding positions of authority, or working without supervision. You may be restricted from:
Understandably, nurses who aren’t authorized to perform a full range of tasks independently will struggle against unencumbered candidates for positions and promotions. In some cases, nurses with encumbered licenses may have a difficult time finding work in their field at all.
Fortunately, unless your encumbrance has been designated “permanent” by the BON, it’s generally possible to remove restrictions once you’ve met certain conditions.
If you’re ready to get your career back on track, it’s essential that you understand what’s required of you by the BON and present them with evidence of corrective action. Here’s how to set yourself up for success.
An experienced professional license defense attorney can help you interpret the board’s restrictions and requirements, assist you before the BON, and help negotiate the terms of your reinstatement.
A well-formed legal strategy will minimize potential damage to your career and get you on the path to an unrestricted license.
Follow all board-imposed conditions carefully to demonstrate accountability and professionalism. If your corrective action plan involves substance abuse treatment programs or other mental health counseling, don’t delay in participating.
Your attorney can help you find a program that satisfies the board’s requirements.
It’s important to establish evidence that you are complying with the board’s requirements and working towards a resolution.
Document your attendance at all required treatment programs and note any positive feedback you receive from leadership while on shift. If you pursue continuing education (either to satisfy a lapsed requirement or proactively), ensure there’s a record.
While an encumbered license can feel like a setback, it’s possible to regain your professional standing with time, effort, and sound legal advice.
