In my estimation, 95% of Missouri Nursing Board Complaints settle without a hearing. Sometimes the Board does not propose settlement. Without settlement, the Board files a Complaint against you in the Administrative Hearing Commission. What does this mean?
The Board files an AHC Complaint against you. Next, you’re “served” a copy of the Complaint. This is usually via certified mail with a signed receipt. Or by a process server, or by publication. The first being the most common, lets discuss a properly served Complaint.
You Must Follow the Rules
Rules, what rules? The Missouri Supreme Court Rules of Civil Procedure. The Rules require you to file a formal answer to the Complaint within 30 days of service. Otherwise, you’ll default. A default Order means that everything the Complaint accuses the nurse of doing, is true. You cannot claim there is no Nursing Practice Act violation by you after an Order. However, you may still dispute the proper license discipline.
- A formal answer admits or denies every single paragraph in the Complaint. Without filing the Answer, you admit all paragraphs in the Complaint. Why is that? Because the Board will take a default judgment against you, and you won’t receive notice. So, file your answer properly. It must be written, and filed with the AHC. Filling is by fax, U.S. mail, or electronically on its website. https://ahc.mo.gov/
- The rules of evidence are formal. For documents, there are rules . Documents may need an affidavit. For testimony, a witness may be cross-examined. What is an objection? How to respond to an objection, are all in the rules.
Keep Your Address Current
Keep your address current with the Board of Nursing. Why? Firstly, The Nursing Practice Act requires it. Secondly, this is the address where the Board sends your AHC Complaint. The Board will not email you. so, if you don’t sign for the mail, the Board will serve you by “publication”. What is that? A newspaper notice published weekly 4 consecutive weeks. Where is this published? Ever read the St. Louis Countian, the Daily Record, The Eagle, or the News Tribune? Then it is unlikely you will read the notice. Accordingly, keep your address current! The Board proceeds without you if you do not respond. One day, surprisingly, your DON calls: “Don’t come in. Your nursing license is flagged”.
What Is The Purpose of the AHC Hearing?
There is only 1 issue for the Commissioner to decide: Did the licensee violate the Missouri Nursing Practice Act? If the Commissioner’s decides “yes”, the case goes back to the Board of Nursing for a disciplinary hearing. That is, the Board will determine what is the proper discipline on your nursing license. Although you may file an appeal in court, that’s a tough row to hoe. See my blog on Petitions For Review. https://libermanlawfirm.com/particular-practice-areas/
Why You Need A Lawyer
The Nursing Board has an attorney who has years learning the Missouri Supreme Court Rules in law school and court. Surely you won’t defend yourself, and risk your license? Hire a lawyer to defend your license, a lawyer that has experience working with and against the Board. A lawyer experienced in Administrative Hearing Commission complaints.