A question I receive often is whether a certain task falls within the scope of practice. Unfortunately, there is no blanket answer. Scope of practice varies state-by-state and institution to institution. Just because you are educated and even trained to perform a certain skill, that does not mean using that skill necessarily falls within your scope of practice. If you do not know or are just not sure, and even if you are sure, double-check! If you perform an activity that is outside your … [Read more...]

One of the questions I am most frequently asked by nurses is whether the Board of Nursing can take away their nursing license. Unfortunately, the answer to that question is “Yes.”  The license can be taken away temporarily or permanently. The temporary process is called “emergency suspension”.  Unlike in a civil court where there are rules in place to prevent evidence that may not be accurate or trustworthy from coming in, administrative law allows the admission of hearsay, an out of court … [Read more...]

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 … [Read more...]

Usually buried somewhere on the second page of a Hearing Notice (at least in Indiana and I presume in other states) is a notation that a nurse has the right to have an attorney represent them before the Nursing Board. However, for whatever reason, some nurses either fail to notice that part or don’t feel that they can afford an attorney and so, choose to go before the Board alone.  They may believe that Board is made up of nurses who will understand their situation. After seeing many … [Read more...]