I am often asked (1) if a Nursing Board matter is a permanent public record and if so, (2) is there any way to get that record expunged?
Unfortunately, there are only a few states that allow expungement of Nursing Board records and only under very limited circumstances. Kentucky is one of those states but, again, only if certain circumstances are present.
Once you have a formal complaint or discipline taken against your nursing license, it does become public record. The theory is that the public has the right to know if a health care provider has had any action(s) against their license. It is even publicly available on www.nursys.com.
Many states now allow expungement of criminal records after a certain period of time. If your criminal record is contained in the Nursing Board record and your criminal matter is expunged, then why should it still be public record in the Nursing Board files?
Or, what if a nurse was reprimanded early in her career then goes on to have an exemplary career for 15 years? The nurse has a perfect, record but for that one blemish early on that is no longer meaningful. Is it “promoting the integrity of the profession” by stigmatizing that nurse’s record for an error that occurred 15 years before, which no longer represents his or her current practice?
Here is Kentucky’s statute 201 KAR 20:410. Expungement of records.:
Section 1. Definition. “Expungement” means that all affected records shall be sealed and that the proceedings to which they refer shall be deemed never to have occurred.
Section 2. A nurse whose record has been expunged may properly reply that disciplinary records do not exist upon inquiry.
Section 3. Upon a request from a nurse against whom disciplinary action has been taken, the board shall expunge records relating to the following categories of disciplinary action:
(1) Consent decrees that are at least five (5) years old if all the terms of the consent decree have been met.
(2) Agreed orders and decisions that are at least ten (10) years old and which concern one (1) or more of the following categories, if there has not been subsequent disciplinary action and all of the terms of the agreed order or decision have been met:
(a) Failed to timely obtain continuing education or AIDS education hours;
(b) Paid fees that were returned unpaid by the bank; or
(c) Practiced as a nurse or advanced practice registered nurse without a current license, provisional license, or temporary work permit.
(3) Agreed orders and decisions that are at least ten (10) years old and which resulted in a reprimand, if there has not been subsequent disciplinary action and all of the terms of the agreed order or decision have been met.
(4) Agreed orders and decisions that are at least twenty (20) years old, if there has not been subsequent disciplinary action and all of the terms of the agreed order or decision have been met.
For those who have had a Nursing Board action and want that matter removed from public records, I would strongly suggest that you contact your legislature to get this changed. It is unfair that a 1-time isolated event is forever on a nurse’s record or if you’ve had a criminal matter expunged and it remains public on the Nursing Board record.
Do you believe that Nursing Board records should be removed after a certain time? What circumstances would you propose? I would love to hear your thoughts in the comments below.
Melissa Suarez says
I would like to know the route for having our state (PENN) have such a law passed here. I am currently not able to enroll in school related to an offense from 2009. The reason it resulted in DA was over a legal technicality. My mental health history was discussed and disclosed in open court and is now a public document for everyone to see. Its humiliating, demeaning, embarrassing and just a way for the board to continually discriminate against a small class of people. Nurses are people too, just like everyone else. Its absolutely unfair.
Janet Fisher says
Yes. Nurses are human first & I feel it is a violation, of human rights. When a nurses license is marked with an old violation, then any prospective employees discriminate against you & make you feel like a criminal even if you did not do anything against the law. I think it is wrong & this law should be changed. It is cruel & inhumane. Nsg commission should make some changes.
James Jenkins says
I am going to look into Sueing the State of South Carolina for keeping up a public record for 10 years. I get turned down for jobs ALL the time over something that wasn’t even RN / Work related. They discriminate for something that has NOTHING to do with the Job.
S says
Agreed, You don’t even need to be charged with a criminal violation to know what it feels like to be criminalised. It is sheer frustration. This is our livelihood too.
Holly Briman says
There should be a time limit. Having a disciplinary action 20 years ago should not pop up when patients , “ Google “ their nurse. And every page of the agreement…
Punitive and shaming. BON are still in the 1950’s with their attitudes regarding addiction.
KATHERINE RAUE says
Can nurses file a class action law suit for the board making their criminal record record available to the public even after it’s been expunged? There has to be some type of legal recourse
LORIE A BROWN, R.N., M.N., J.D. says
What a great question. I do not sue the Board so I am not sure. However, I have been talking to one of our congresswomen, the chair of the Health committee, and asking if she could offer legislation that would remove Board matters from public record if the criminal matter is expunged. I suggest you take the legislative route as well.
LORIE A BROWN, R.N., M.N., J.D. says
Thanks for your comment. I agree. I think there should be a way to change a Board Final Order to private.
Phil says
I took a disciplinary action from the KBN. Never had any restrictions on my license. Did my continuing education, drug screening for a year. Paid my civil penalty. And was eventually cleared of reprimand. But ever since then, I have been turned down for job after job. I put in application, interview well, get offer, and once they run my license, they resend their offer. This happens over and over. At least 20 times, and its been over 3 years. I feel discriminated against. These laws by the KBN need to change. Having to wait 10-20 years is unfair and unjust.
anonymous says
I have been a nurse for 27 years. 11 years of my career has been in Advanced practice. I have no criminal offenses. There one isolated incident that caused me to have a stipulated license. The stipulation has been removed. However, the Texas Board of Nursing and the nursing data base still keeps it available for the public employers to see.The incident that occurred i truly believe that I was made the s cape goat in the matter where a nursing home was sued. Because I didn’t seek legal advice before signing the order from the Board of Nursing in Texas, I was framed. On the day that the incident happened , I had already left to vacation in South padre Island. I had reported off to the primary care physician. The patient was left at the facility I had seen and examined him the day before and told the family that he still required treatment at the facility and in reality too sick to be released to home. The Md was told in report. I didn’t write for discharge orders to be sent home because I needed additional tests I was concerned about his coagulation studies and he had not completed all of his IV antibiotic therapy, was being treated for pneumonia, and a pleural effusion , he also had skin conditions and a wound that The physician and I were treating that he developed while being hospitalized. Also the facility that I had been seeing the patient at had no DON, NO social worker to arrange any discharge services because the previous ones had quit. To protect the patient I left him in the facility. The Primary care MD or attending my boss was told so that she could follow up. She never went. After coming back from my Vacation I learned that the facility had released the patient against my advice. The patient a couple of days later was re admitted to the Hospital eventually the patient passed away in ICU. Because the the group that I worked for included malpractice insurance for me. They provided an attorney. I learned later that the attorney had went behind my back talked with the Board of nursing who had already drawn up a stipulation order in regards to me. The Lawyer told the BNE that I declined to meet with the BNE. The fact of the matter was I was not told that I could meet with them. The lawyer knew that I would have told my side of the story which would have cleared me.nI was set up to take the fall for this nursing home and the attending physician. I have learned from this experience. I feel that my professional name has been ruined. I was reported to the public as being at fault. Even after I completed everything as requested by the BNE, they still make the information available for the public including employees to see. I was framed and I was not allowed a chance to explain. The BNE wrote it up as I didnt assess the patient . I did there was a written progress note in the chart. They said I failed to write for DMES, Home health ect. The fact of the matter is I never wrote or gave a verbal order for the client to be discharged home because I felt he was still to ill and he required more monitoring. The MD and facility was sued 3 years prior and I imaging my documentation is what cleared them but the family comes back 3 years after the fact to try and sue me. During the time that the incident occurred i had worked for the group about 6 months. The insurance company paid the family with out even asking me what I wanted to do about it. I was never allowed to provide a deposition. All I know is since then, my career has not been advancing . I think in these instances the BNE should truly examine the facts before ruining a medical professionals reputation. Lessened learned always have your on insurance to be able to hire your own attorney for your defense. It most often becomes a conflict of interest when the lawyer is trying to represent the nursing home, MD and you. The MD happened to be the medical director at the facility at that time, Also I didn’t renew my contract with her for reasons I will not discuss. I had just started a new career at a great company when this law suit came about. I know that she was upset because I choose not to renew my contract with her. Problems all started once I tried to advance my career at another company. I am working with my local congressman in attempts to have the incident expunged and if nothing more to be able to tell my explanation regarding what happened.
C.j. says
I received a reprimand 14 years ago for not documenting follow up care in nurse note. Hospice took the chart I didnt miss it. Fortunately I did write on the doctor order so care was proven. Still a reprimand on my license after all these years. I think that’s criminal. No one was hurt. The patient received care.
Robbin Kitts says
Can not continue my education due to an encumbrance 15 yeas ago in state of Tennessee. Not fair. If I was a banker, etc. It would not be any problems for that person.
Sara Beth Maroto says
I am looking to start a class action suit against the government for this issue. One time BON reprimands/ non -felonies that happen early in a nurses career that have been cleared with their individual health departments should no longer be available on the public record. The bias and damage this causes to our careers is devastating. Who is protecting us?
Jerry says
I am currently trying to figure out how to start this process of having a reprimand removed from my nursing license. I don’t feel this should follow me forever and impede me furthering my education or career.
Kristen says
I believe these should expire after a certain amount of time if no additional disciplinary actions have occurred. 2 weeks after I was off orientation at my first ever job as a nurse I had a critical patient on the front of the unit and didn’t get to check an accucheck on a stable patient in the back of the unit fast enough. That patient’s daughter tried to sue the hospital when we found the patient to be minorly hypoglycemic because she slept through her lunch since she was tired due to being transferred to the hospital during the middle of the night. We gave her some glucose and she was totally fine yet the daughter wanted to sue the hospital because her mother became hypoglycemic. When no lawyers would take her case because nothing happened, she tried to report the hospital to the state, and when nothing happened there either she decided to come after me. Because I didn’t check the accucheck fast enough due to managing a critical patient on the other end of the unit, I was issued a reprimand on my license. Since then, I have become an expert in my fIeld, gotten a BSN and MSN and have not once been offered any job I have applied for. I have only been able to move laterally through the same hospital organization where I was when issued the reprimand. I have a stellar track record but cannot advance in my career. I would be willing to share my story and petition for these minor infractions to expire after a period of time so nurses are not forever held back in their careers for minor infractions.
Nina Blessing says
I think it is very unfair. I was very naive when I went in front of the Indiana State Board. I was not aware that everything I said would become public record permanently. Even though my criminal record has been expunged, everything I told the board about my addiction remains for potential employers to see. I also have had job offers rescinded after they run my background check. I would like to know who I need to contact to try to create change.
LORIE A BROWN, R.N., M.N., J.D. says
This is definitely a problem. I suggest you contact your state legislators to get this changed. I have spoken to mine myself.
SFM says
Lori, Not to sound ignorant but when you suggest that we “contact your state legislators”, by whom are you referring? Meaning, at which level of our state government would one start to discuss this matter?
LORIE A BROWN, R.N., M.N., J.D. says
Great question. I suggest you look up your state representative and state senator. Not the federal US, the ones on Capitol Hill for your state but the ones in your actually state senate and house of representatives. Just google who is my state of ____ senator