suing board of nurses

Jenny P · Nov 27, 2000

As someone from your own state, I would suggest you try to attend some of the open sessions of the Board of Nursing so you can become aware of what they do. They will want to know your name, etc. when you attend the open meetings, but before you sue them, I'd suggest you find out what the Nurse Practice Act reads in your specific case and also the legal and legislative backgrounds into the law as written. I've attended many of the open sessions and am always amazed at the number of cases brought before the board, and the nurses don't even bother to attend the meetings when their cases are brought up. If my license were on the line, you can bet your bottom dollar that I would want to be there to plead my case in person. It does make a difference. In Minnesota, once you have had your license suspended or revoked, there are specific steps involved in order to get it back. I'm trying to be helpful, so before you sue, check the Nurse Practice Act and the laws. Good luck.

maikranz · Nov 27, 2000

Originally posted by meemken:
I would like to know if anyone has ever sued their board of nurses for harassment. I have put much thought into taking legal action on my board of nurses.

Why?

meemken · Nov 28, 2000

I was an lpn and I started a footcare service.

I had to get a class A home health care license. Because I was the first nurse to start such a service.the board of health had to do some variances concerning rn supervision visits. The board of nurses strongly disagreed with this decision. So every chance they get they call me in to question my nursing procedures. Then last week they called in my rn and is questioning her nursing procedures. My rn is following the variances and rules set down by the board of health,and the board of nurses is not alright with this. The bottom line is the board of nurses is trying to intimadate my rn so she will quit. Without an rn I am out of bussiness.

There are many instances of what I feel is harrasment,and I am just fed up.So has anyone been able to sue their board of nurses or are they so politically untouchable.

Mijourney · Nov 28, 2000

Hi meemken. I agree with Jenny P regarding followup. I would consider her suggestion first. After that, I wonder whether contacting the governor's office would be helpful if you don't get anything resolved with the state board. Surely your "out of the box" Governor Ventura wouldn't have problems with your business as long as it's deemed legal. He may also be able to influence the state board since in most states the state board is appointed by the governor.

[This message has been edited by Mijourney (edited November 27, 2000).]

Tim-GNP · Nov 28, 2000

I am not an attorney [but I play one on TV... no, just kidding], but I do have some sane advice to give you. The best thing to do is speak to one of the practice advisors or other officials at the State Board of Nursing. Lay your cards on the table, but show them the utmost respect. Ask them for their suggestions on how your RN should execute her procedures, practices, etc. If this route fails, and if your state is anything like our state, the board of nursing falls under the umbrella of some larger entity like a 'Bureau of Professional and Occupational Affairs' or a Department of State. They would be the ones you should file a grievance with. Before that, however, I recommend your contacting an attorney.

I have usually found that if I had a practice question, and I asked the board for their guidance, they were usually pretty helpful. Consider the second avenue very carefully.... nothing good can ever come from fostering an adversarial relationship with the State Board of Nursing. Good Luck!!!

PPL, BSN, RN · Nov 28, 2000

Hi meemken, this is an interesting topic and there's some good advice here too. One more thing that might be helpful; there's an RN named Steve Lee that may be able to offer some suggestions. His website is as follows: http://www.nurseprotect.com. I have seen his posts from time to time on this site. Good luck!

meemken · Nov 28, 2000

Originally posted by Jenny P:
As someone from your own state, I would suggest you try to attend some of the open sessions of the Board of Nursing so you can become aware of what they do. They will want to know your name, etc. when you attend the open meetings, but before you sue them, I'd suggest you find out what the Nurse Practice Act reads in your specific case and also the legal and legislative backgrounds into the law as written. I've attended many of the open sessions and am always amazed at the number of cases brought before the board, and the nurses don't even bother to attend the meetings when their cases are brought up. If my license were on the line, you can bet your bottom dollar that I would want to be there to plead my case in person. It does make a difference. In Minnesota, once you have had your license suspended or revoked, there are specific steps involved in order to get it back. I'm trying to be helpful, so before you sue, check the Nurse Practice Act and the laws. Good luck.

meemken · Nov 28, 2000

Thank You to everyone with all the helpful advice.The big point everyone is telling me is to SLOW DOWN.And to be informed. I plan on taking everyones advice.

Thank You

Jenny P · Nov 29, 2000

Meemken, now that you've explained what you are upset about, I may be able to help you even more. My younger sister had a similar service in a different state; she's an LPN (who works as a grocery check out because she gets better pay and respect- and better hours!) and has her footcare service on the side but goes into nursing homes and assisted living settings. Please contact my e-mail address with further details.