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Can my license be taken away for "human error" on the Board's part?

Nurse Attorney   (797 Views 5 Comments)
by Lorie Brown RN, MN, JD Lorie Brown RN, MN, JD (Advice Column) Writer Expert Verified

Lorie Brown RN, MN, JD has 30 years experience .

11 Followers; 7 Articles; 5,316 Visitors; 94 Posts

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Hello Lorie,

I received my ADN March 31, 2017. I decided to take my boards on September 13 of that same year, I had 82 questions. NMBON issued me a license, to which I took to the floor precepting, after 4 days on the floor, NMBON sent me a letter saying that I had failed my Boards and I would have to retake them. I was horrified. I then, protested and they told me that it was "human error, and it happens from time to time". I took my boards again the following month, to which I failed (I knew that I failed before the screen went black). I left in tears. Since then, I have been discouraged and I no longer want to take my boards for fear of "human error" to happen once again. My question is, I was told that I should have hired an attorney, was there grounds for me to hire one back then? Also, do you have advice for me now? Should I take my boards in another state? Please advise.


Dear victim of human error,

I am sorry this is happening.  The NCLEX is the same in all states so I am not sure if it would make a difference to take it in another state.  I have not heard of the Board rescinding a license after it is issued. I would highly recommend talking to a nurse attorney in NM.  At least you will know if there is anything else you can do.

Good luck with getting this resolved

Lorie

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KCMnurse has 33 years experience as a BSN, MSN, RN.

1 Article; 7,392 Visitors; 251 Posts

How does 'human error' come into play when the NCLEX is computerized???

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3 Followers; 34,146 Visitors; 4,266 Posts

They need to give you some proof and explain exactly what the error was.

 

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not.done.yet has 8 years experience as a MSN, RN and specializes in Critical Care; Cardiac; Professional Development.

4 Followers; 44,604 Visitors; 5,519 Posts

I am also unclear in reading the original question whether you were awarded a license in human error or the license was rescinded in human error.

You need an attorney. Good luck!!

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NICU Guy has 4 years experience as a BSN, RN and specializes in NICU.

1 Follower; 31,361 Visitors; 3,359 Posts

On 7/11/2019 at 9:43 AM, not.done.yet said:

I am also unclear in reading the original question whether you were awarded a license in human error or the license was rescinded in human error.

You need an attorney. Good luck!!

She had failed the test, but the BON accidentally issued her a license (possibly same/similar names as someone that passed NCLEX). They rescinded her license. 

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