Nurse License Complaint

Every nurse employer must, within 15 days, report terminations for cause or, resignation in lieu of termination for cause to the Missouri State Board of Nursing.  You need nurse license legal defense services with your livelihood is at risk.

The Procedure from Complaint Through Resolution Is Complex

  1. A Board of Nursing investigator reviews the employer’s report, interviews witnesses, subpoenas documents. 
  2. The nurse is required to fill out a Practice Questionnaire, Contact Information Form and provide a notarized written statement to the investigator within 30 days. You need a lawyer before responding. Here’s why:
    • A nurse statement that is too broad and inconsistent with previous statements, witnesses, and documents may severely harm your defense.
    • Sometimes, law enforcement officials review these incidents. This is especially true when the employer accuses a nurse of physically harming the patient or mishandling narcotics. So, when the nurse makes an incriminating statement, it could result in criminal charges.
  3. Some investigators want an interview with the nurse as the final step before sending the investigative file to  the Board. 
  4. The Board reviews the file and determines whether to discipline the license. Usually, it will issue a settlement offer, and provide a copy of its investigative file to the nurse.
  5. The nurse may accept the discipline, make a counter offer, or request a hearing before the Board.

Remember, the Board has  lawyers who know the law & the rules. You do not know the rules. You should be defended by a lawyer who is experienced in nursing license defense. I am.  

1

A Board of Nursing investigator reviews the employer’s report and then investigates.

2

The investigator asks the nurse for a statement. You need a lawyer before responding. Here’s why:

  • A nurse statement that is too broad and inconsistent with previous statements, witnesses, and documents may severely harm your defense.
  • Sometimes, law enforcement officials review these incidents. This is especially true when the employer accuses a nurse of physically harming the patient or mishandling narcotics. So, when the nurse makes an incriminating statement, it could result in criminal charges. In that case, don’t make any statement.
Young nurse taking old man's blood pressure

Administrative Hearing Commission

Finally, if the complaint isn’t settled, there is  hearing in the Administrative Hearing Commission (AHC).  There, the Board of Nursing presents its evidence to a Commissioner, then the nurse has an opportunity to present evidence. All  evidence must be  in proper form as stated by the Missouri Supreme Court Rules of evidence. I am an experienced trial lawyer. I will properly present your case. If you do not know the rules of evidence, your proof may not be accepted by the Commissioner.

The Commissioner only decides 1 issue:  Did you violate the Missouri Nursing Practices Act?  If so, the case goes back to the Board of Nursing for another hearing to determine the discipline.

 

What’s the Range of Discipline on a Nurse License?

The Board of Nursing has the authority to impose the following discipline, given here in order from lightest to heaviest:

  1. Letter of Concern. This is a private reprimand.  The Board determines the nurse violated the Nursing Practice Act, but does not impose public discipline.
  2. Censure: This is a public reprimand which is reported to the national databases, including Nursys.
  3. Probation: The nurse keeps working but with extra conditions during probation. Probation has a five-year maximum. Probation is a normally public, reported to the data bases.  There are 2 programs for substance abuse which allow for a non-public probation.
  4. Suspension: Suspension requires the nurse completely stop practicing. Suspension is three years maximum.
  5. Revocation: The nurse may not practice. There is no maximum period, however, the nurse may apply for reinstatement after 12 months.

If you face the threat of a complaint, you need a lawyer with nurse license defense experience. Call me first before calling the investigator. But remember, whatever stage your complaint is in, it’s not too late for me to help.