Nursing is one of the most trusted professions in our country. Nurses help people during their most difficult times and tend to be compassionate, organized, and detail-oriented. When they are accused of misconduct, they deserve the best legal defense possible.
It’s not surprising that sometimes, the demands of this profession can negatively impact a nurse’s physical, mental, and emotional well-being. In these situations, a nurse might make an unintentional mistake. They might abuse controlled substances, alcohol, or marijuana. They may make a bad decision that leads to disciplinary action by the state board of nursing.
If you are a nurse who is accused of a violation of the Nurse Practice Act, you have the right to legal counsel at every stage of the disciplinary process. Reach out to an experienced nursing license defense lawyer to learn more about your legal rights. An experienced license defense attorney can help when you are facing a complaint from the nursing board.
Let’s examine some of the most common types of nursing disciplinary actions, the reasons nurses may be disciplined, and the possible repercussions they may face.
First, Who is Most Likely to File a Complaint to the Nursing Board Which May Result in a Disciplinary Action Against Your License?
During a typical day, nurses must interact with many people. If something goes wrong, a variety of different people might file a complaint for nurse misconduct, including:
- Employers
- Co-workers
- Patients or their families
- Other people who want to cause trouble for the nurse, such as an ex-partner or even a sibling
Since these complaints can severely impact the nurse’s life and professional career, they must be taken seriously from the start. A dedicated nursing license defense attorney can help investigate the complaint, gather evidence to refute or reduce its impact, and protect the nurse’s legal rights throughout the investigation process.
Most Nursing Complaints Fall Into 8 Main Categories
Similar to other healthcare providers, nurses can receive several types of complaints related to their professional activities. The most common types of nursing complaints include:
Failure to follow acceptable nursing practices/ facilities policies and procedures
- Substance abuse or misuse
- Sexual misconduct
- Requesting or accepting valuable gifts or money from patients, which is a violation of professional boundaries
- HIPAA violations
- Patient abuse
- Fraudulent behavior
- Criminal history or pending charges
What are the Most Common Reasons Nurses are Disciplined by the State Board of Nursing?
According to a recent professional liability exposure claim report created by CNA Insurance and NSO (Nurses Service Organization), which provide insurance for nurses, the most common allegations of nurse misconduct include:
32.5% – professional misconduct
24.8% – violation of the nurse’s scope of practice
9.7% – errors or omissions in documentation
9.3% – failure to properly treat or care for a patient
8.8% – patient abuse
6.2% – medication errors
When it comes to professional misconduct, 42.3% of the nursing misconduct examples were related to substance abuse or drug diversion. The most common violation of the nurse’s scope of practice (58.9%) dealt with a failure to maintain appropriate standards.
Sometimes, healthcare professionals know when they have stepped over the line and understand why they are subject to disciplinary action. Other times, the line is not as clear. Seemingly innocent actions can result in serious accusations of misconduct, which can lead to severe consequences.
If you suspect someone may file a complaint against you, speak with an experienced nursing license defense lawyer as soon as possible to better understand your legal rights. The sooner you partner with a nursing license defense attorney, the sooner they can get to work investigating the complaint and building a defense.
You don’t have to face nursing license suspensions or other penalties alone. When you work with a dedicated nursing lawyer from the start, you can increase your chances of receiving the most reasonable outcome possible.
What are the Possible Types of Nursing Disciplinary Action I Could Face?
When a state board of nursing determines that a nursing complaint is valid, it can impose different disciplinary actions depending on the facts of the case. If the allegations are minor, the potential penalties will be less severe than the possible repercussions resulting from a serious violation.
When a licensing board determines a nurse has violated the Nurse Practice Act or otherwise engaged in professional misconduct, the nurse could face the following disciplinary actions, listed from least severe to most severe:
Reprimand or censure – although the nurse can continue to practice, the censure will remain on their record
Probation – to keep their license, the nurse must meet certain requirements. Any further complaints will result in additional, more serious disciplinary action
Practice restrictions or limited scope of practice – the nurse may be able to keep their job, but depending on the situation, they may face restrictions. For example, they may not be allowed direct contact with patients or have access to controlled substances
License suspension – the nurse may not practice for a specific period of time and may need to request the reinstatement of their license after meeting certain requirements
License revocation – the nurse loses their license to practice and can’t work as a nurse
Each of these discipline categories, other than a complete license revocation, may also include:
- Fines
- Mandatory additional nursing education
- Substance abuse treatment
As you can see, accusations of violations of the Nurse Practice Act can lead to severe repercussions and permanently impact a nurse in several ways. Not only can they lose their job and main source of income, but they may also suffer from mental health concerns, financial struggles, public embarrassment, personal shame, and the inability to find future employment.
Don’t Face Nursing Disciplinary Actions Alone. Contact Brown Law Office Today
As a nurse and attorney, Lorie Brown understands the serious implications that come with a complaint alleging you have violated the Nurse Practice Act. That’s why she has dedicated her legal career to nursing license defense. She has helped more than 1,000 healthcare professionals defend their licenses, and she is ready to help you.
Reach out today online to tell your story, or call (317) 465-1065 to learn more about how Attorney Lorie Brown can help you navigate complicated nursing disciplinary actions.
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