Gave the wrong breastmilk to infant, reprimanded and afraid I may lose current job

[Nurse Beth, MSN]

 

Communicating past disciplinary actions to a potential employer

I'm not a lawyer, but I can offer general guidance to help you communicate effectively and stay compliant.

Here's some key points to consider:

Privacy and reporting requirements

• Many nurses are required to self-report investigations or disciplinary actions to state boards.
• You've already disclosed the matter to the California Board of Nursing (CA BRN), and the Nevada Board of Nursing (NV BON) is aware of the issue from three years ago.
• California's licensing board (and your employer) may weigh the seriousness, remediation, and time since the incident when assessing risk and suitability to practice.

Impact on current employment

Outcomes depend on whether you were asked to disclose the past incident and whether you disclosed it.

Common questions employers can ask: 

• "Have you ever been the subject of a disciplinary action by any licensing or regulatory board?"
• "Have you ever had any adverse actions, sanctions, or complaints filed against you with any professional licensing board?"
• "Are you currently under investigation by any licensing board?"

Some employers value honesty and proactive disclosure, while others may react negatively, especially if they maintain zero-tolerance policies or have heightened patient safety concerns.

If you disclose, be prepared to discuss what you learned, changes you've made to prevent recurrence, and evidence of ongoing licensure compliance (e.g., continuing education, practice improvements).

Risk assessment and mitigation

• Gather documentation: docket numbers, board correspondence, orders or sanctions, letters of reprimand, timelines, and proof of remediation.
• Document current practice standards: record quality-improvement steps and patient-safety measures since the incident.
• Consider consulting with a nurse-licensing attorney: they can help review disclosures and assist with communications to boards and employers.

How to approach disclosure to your employer

• Plan your message: a brief, factual disclosure that you were reprimanded by a state nursing board three years ago, that you disclosed it to CA BRN for licensure, and that you have complied with all post-disciplinary obligations (if true).
• Highlight current competence: emphasize recent experience, ongoing practice, and steps taken to improve patient safety.
• Consult HR/compliance: they may have a standard disclosure process; consider coordinating with them.

Practical steps you might take now

• Consult a nurse-licensing attorney for a confidential review of disclosure obligations, potential exposure, and messaging strategies. Ask: "How should I communicate past disciplinary actions to a potential employer to minimize risk while staying compliant?"
• Compile a concise timeline of events, actions taken, and current CA licensing status.
• If you disclose, do so in writing (brief and factual) and offer to discuss the matter with HR or compliance.
• Protect privacy: share information only with authorized parties (e.g., HR, licensing boards) and avoid unnecessary disclosures.

What to avoid

• Avoid including excessive narrative or emotional content.
• Don't imply guilt beyond what records show.
• Don't disclose more than you can substantiate with records.
• Don't present it as a "defense"; frame it as professional learning and growth.

Important caveat

Each case is fact-specific, and outcomes vary depending on the employer, jurisdiction, and the specific terms of the disciplinary action. A licensed attorney can tailor guidance to your circumstances.

As a former nurse manager, I believe that any nurse who learns from her mistakes and takes responsibility is a safe practitioner. Everyone makes mistakes; the important thing is to grow from them.

Best wishes,

Nurse Beth