No Call/No Show - Is My License at Risk?

[Lorie Brown RN, MN, JD]

I see lots of confusion here on allnurses.com about risks to a nurse's license versus risk to their employment status and risk of being sued. For example, a member asked if her license was at risk for not reporting for work during a hurricane, another during a blizzard. Another thought action might be taken against her by the BON for allowing management to assign untrained staff (dietary and housekeeping) as CNA's. Recently, a member asked if others felt a nurse should be disciplined by the BON for being a no call/no show seven shifts in a row. As our legal expert, could you possibly shed some light on the differences in possible consequences for a nurse when bad things happen to good and not so good people in nursing?

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I understand this whole thing can be confusing. You are talking about 2 areas of law. One is employment law which regulates what your employer can and can't do as well as when an employee can be terminated. And second is administrative law for reporting to the Board. However, those 2 areas can overlap.

The Board of Nursing considers that when a nurse does not call and fails to show up for work, it is patient abandonment. So, even if you may be terminated and think that would be the proper remedy, the Board can still act under the theory of patient abandonment.

Just remember, you are a nurse 24/7 and any actions you take in your personal life or in your employment can result in a matter before the Nursing Board. Anyone can report you to the Board.

I don't mean to scare you, however, ask yourself that if you were videoed 24/7, what would the Board think of your actions?

[Lorie Brown RN, MN, JD]

Remember, anyone can file a complaint against your license. I have had ex husbands turn over their nurse wife for domestic abuse situations or giving them one of their controlled substances. The Nurse Practice Act is written broadly but here are examples other than criminal where things outside of nursing can affect your license

1) failure to pay child support http://www.ncsl.org/research/human-services/license-restrictions-for-failure-to-pay-child-support.aspx

2) failure to pay taxes New law withholds licenses Taxes must be paid to continue services

IC 25-1-1

Chapter 1. Evidence of License Applicant's Payment of

Personal Property Taxes Required

IC 25-1-1-1

Issuance of license; evidence of payment of personal property tax

Sec. 1. It is unlawful for any board, officer, or person to issue any

license, as defined in section 2 of this chapter, to any person who is

a resident of this state, unless the applicant, at the time he applies for

such license, submits, in addition to all other requirements prescribed

by law, a receipt or other evidence showing that he has paid all his

personal property taxes in full. "Other evidence" in the case of all

licenses issued by the bureau of motor vehicles means a statement

signed by the treasurer of the county in which the applicant is a

resident that the applicant has paid all personal taxes assessed against

him, including all delinquent personal property tax; or, if the

applicant owns no personal property subject to taxation, a signed

statement from the assessor of the county in which the applicant

resides certifying that he has made an affidavit to the effect that he

owes no delinquent personal property tax in any county in Indiana.

(Formerly: Acts 1931, c.124, s.1; Acts 1941, c.61, s.1; Acts 1943

[Ruas61, BSN, RN]

I think the way you are making your points comes across on the heavy handed side or scare them straight mentality.

I believe most nurses know they can be reported to the board for anything by anyone.

If I practiced in a state that would penalize or discipline a nurse for calling in sick one hour instead of two for a shift or someone who was a no call/no show for a shift with a reasonable explanation. I would be gone.

We have to live our lives mindful but not in fear.

[Lorie Brown RN, MN, JD]

I love this. Yes we have to be mindful but not live in fear.

[Katillac, RN]

Thanks for the clarification. Good to know in some states licenses can be suspended for back taxes or delinquent child support.

As Ruas61 suggests, most of us know anybody can report nurses for anything or sue for anything. I for one choose to practice nursing and live my life according to my ethics, not whether the BON or anyone else is watching. I can't and won't proactively protect myself against vengeful people using my nursing license as a tool to hurt me. I can understand why, as a lawyer, your perspective would be different. Sad that your experiences helping others through vindictive BON complaints have shaped your world view that way, but I'm glad you are there to represent those persecuted.