Confused - Did I may right decision

jackstem · Mar 22, 2011

the nevada alternative program for nurses web page has information that explains who is eligible and how the program works.

here is what the nevada board of nursing says about complaints and how they are resolved:

if the nevada state board of nursing receives information that a nurse or nursing assistant may have broken the law (the nevada nurse practice act), the board has the authority to investigate.
it will only investigate if the complaint is received in writing, names a nurse or nursing assistant who is licensed or certified in the state of nevada, is signed by the person making the complaint, and alleges a violation of the nurse practice act.

before disciplinary action is taken, the board ensures the nurse or nursing assistant is given due process, which requires giving adequate notice and description of the charges, and a hearing or the opportunity for a hearing.

the individual also has the right to a formal hearing, the right to an attorney, the right to not participate in an informal hearing, the right to not sign anything, the right to see the complaint, and the right to appeal.

if the evidence doesn't support the allegations, the complaint may be dismissed or closed. if the evidence does support the allegations, the board can take disciplinary action against the individual.

disciplinary action can include denial, reprimand, fine, suspension, probation, or revocation of a license or certificate. the board considers each case individually.

the disciplinary penalty is determined based on a number of factors which include the severity and recency of the offense, degree of deviation from standard practice, evidence of rehabilitation, current ability to practice safely, mitigating factors, and past disciplinary history.
the law gives the board an alternative option--a very successful program which allows qualified, chemically dependent nurses and nursing assistants to re-enter the workforce in a paced sequence. it also monitors their recovery to ensure the safety of their patients.
questions? call the nevada state board of nursing, toll free, 1-888-590-6726.

you might want to consult with a license defense attorney to see if you have options (i.e. appeal). more importantly, you should seriously consider a consultation with one licensed in the state in which you hold your other license. the action on your license in nevada might be something you are required to report, if not now, at the time of licensure renewal.

as you are discovering, representing yourself can have significant consequences now, in the future, and in other states. the board members and board staff are charged with protecting the public, determining and enforcing the scope of practice, investigating complaints and determining appropriate disciplinary action when a violation has occurred. dealing with complaints and violations of the nurse practice act is an adversarial process. the board has attorneys advising them on the legal aspects of their responsibilities involved in enforcing the nurse practice act. the nurse has the right to have legal counsel to guide them in choosing the most favorable options available under the law. they also help make sure the nurse receives "due process" and the proposed action isn't excessively harsh.

there is a mistaken belief that having legal representation will result in the board being more punitive, or making the nurse "look guilty". the reality is that the board has very specific rules determining their authority and the actions they can take against nurses who have violated the nurse practice act. the nurse's attorney assures the board follows the rules and the proposed action on the nurse's license isn't excessive (the punishment fits the crime, so to speak).

if i could have 2 wishes granted, they would be:

every nurse would have their own professional Liability Insurance (with a license defense clause)
every nurse who is notified of a complaint against their license would retain a license defense attorney

i'm sorry you're going through all of this. if you do decide to retain an attorney, contact the american association of nurse attorneys or the state bar association to obtain the names of administrative law or license defense attorneys with experience representing nurses before the state board of nursing in which you hold a nursing license.

hang in there.

jack

elkpark · Mar 22, 2011

If I could have 2 wishes granted, they would be:
Every nurse would have their own professional liability insurance (with a license defense clause)
Every nurse who is notified of a complaint against their license would retain a license defense attorney

(These are, of course, options/choices that are available to every nurse -- it is the individual nurse who chooses not to avail her/himself of these protections.)

jackstem · Mar 22, 2011

(These are, of course, options/choices that are available to every nurse -- it is the individual nurse who chooses not to avail her/himself of these protections.)

Very true. Unfortunately very few nurses seem to know they have these options available. Why is that? Does every nurse cut class when these issues are discussed, or is it that the programs aren't spending time on these topics?

elkpark · Mar 22, 2011

Don't get me started on what nursing programs fail to cover adequately these days!! I do think that these are subjects that aren't covered in school (based on the number of students and new graduates I meet who are completely clueless about legal/licensure issues in nursing). And I think these are topics that many, if not most, nurses are frighteningly uninformed about, and I don't understand why -- the info is certainly available, even if it wasn't told to you in school. (Just as one example, look at how much discussion there is on just this site of these kind of issues.)

In my hospital-based diploma program 200 years ago :), the entire senior class was bused to a state BON meeting (a good three hours' drive each way) one day to attend a public meeting, including the disciplinary hearings. My school chose to do this every year. The faculty didn't make a make a big point of calling our attention to this, but I remember being struck, myself, by the obvious difference in the hearings of the nurses who didn't bring attorneys and the nurses who did. The people who didn't have attorneys representing them were v. apologetic and deferential, and agreed with whatever the board told them. The hearings in which nurses had attorneys went entirely differently (some of the hearings ended up with the Board members being deferential and apologetic to the attorneys). I remember thinking to myself, in addition to the, "Holy moley, I'm going to do everything I can to make sure I never have to get called before the Board" (which I think every one of us students was thinking by the end of the afternoon), that, if I ever did have to have any dealings with the BON regarding any possible discipline, I would sure as heck have an attorney representing me.

I'm sure that, if every nursing program had its students sit through an afternoon of BON disciplinary hearings, the attitudes toward attorneys and insurance within the larger nursing community would be a lot different. But who knows? We seem to be our own worst enemies, as a group, most of the time.

jackstem · Mar 22, 2011

AMEN!!! I've also noticed that many nurses posting here (and elsewhere) seem to think having an attorney will somehow make things WORSE, not better.

As I've heard far too many times, "Nursing is an army that shoots it's wounded!"

Jack

elkpark · Mar 22, 2011

AMEN!!! I've also noticed that many nurses posting here (and elsewhere) seem to think having an attorney will somehow make things WORSE, not better.
As I've heard far too many times, "Nursing is an army that shoots it's wounded!"
Jack

I always like to point out that your Board of Nursing certainly has attorneys reprenting and advising it, so why wouldn't we (individual nurses)? It's only making sure it's a "fair fight." :)

OP, I forgot to say earlier that I hope you will be able to get some good news about your situation. Hugs and best wishes!

guest7/31/17 · Jun 17, 2018

I disagree with hiring an attorney. They cost thousands and have no authority with the BON at least in Texas. An Attorney cannot tell your story. You do need assistance and a witness at all hearings. My charges were recommended to be dismissed once i fired my attorney who acted only as a middle man and i finally could tell my story and produce evidence to real live human beings at a informal hearing. Having an attorney prolonged the process by months and denied me the advantage of developing a relationship with my investigator.

allnurses Guide · Jun 17, 2018

(These are, of course, options/choices that are available to every nurse -- it is the individual nurse who chooses not to avail her/himself of these protections.)

IMHO any nurse who does not carry professional liability and malpractice insurance is a fool. You work too hard for your license and livelihood to leave it up to others to decide your fate.

Hppy