Published Sep 28, 2015
4reinstatement
4 Posts
Hi
I just have a simple question.
If you hire an attorney for representation with a Board of Nursing is the Attorney able to change any requirements set forth from the Board in the first place.
I want to hire an attorney to return into the profession however I do not know if the attorney is able to change or have a Board ruling to supersede a previous Board Requirement.
My question in relation is if the Board is requiring a psychological evaluation is the Attorney able to have this requirement waived.
Any information is great Thanks
Atl-Murse
474 Posts
I would ask the attorney that question before you waste thousands in fees and walk away empty handed. Good luck
RiskManager
1 Article; 616 Posts
It may depend on the statutory, regulatory or case law of your jurisdiction, but an attorney may be able to petition a professional board to modify or set aside a previous finding and action. Whether that petition is successful or not may be another thing entirely. Failing that, most states allow for appeal from agency/board decisions to be made through the court system.
NRSKarenRN, BSN, RN
10 Articles; 18,926 Posts
In most cases I'm aware of, if the BON issued a stipulation for a nurse to have a psychological evaluation, the psych eval needs to be completed to determine fitness for duty. BON considers their main job is to protect citizens of their state from harm by incompetent nurses.
The time to get an attorney is IMMEDIATELY after receiving any letter from BON to protect your rights. Legal representation before Board of Nursing is usually part of malpractice insurance--since most policies cost ~$125.00/yr for majority nurses, well worth the cost.