what does it mean when board of nursing lawyer is going to contact yu

by Ms. Aaliyah Lubowitz IV 4 min read

How does the State Board of Nursing enforce a nurse practice act?

We are here to be your advocate. If you would like to contact one of our attorneys specializing in Board of Nursing matters, please call the number below and we will assign an attorney to assist you. Disclaimer: The information and materials available on this website are for informational purposes only and do not constitute legal advice.

Can a nurse complaint be resolved without a formal hearing?

Feb 16, 2018 · Let a nursing license defense lawyer handle your nursing license defense before talking to the Nursing Board Investigator. It could very well be the difference between one complaint, multiple complaints, or complaint plus criminal …

What are a licensee’s obligations to the Board of Nursing?

Jul 24, 2018 · Summary: An employer must report all terminations of a nurse for cause. When the Board asks the nurse for evidence, I strongly advise retaining a nurse defense lawyer. Do this before you contact the Board. The Board of Nursing has its own lawyers. Don’t go into battle without your own. See my post on procedure after the complaint is open.

Do you need legal advice from a nurse attorney?

Mar 15, 2012 · A right to clearly know the allegations against the nurse; A notice of the date, time and place of a hearing or other form of meeting with the board; The right to legal counsel (at the nurse’s expense or through her professional liability insurance policy) or, at a minimum, the right to seek advice from a nurse attorney or attorney; The right ...

What charges can stop you from being a nurse in GA?

Immediate disqualifiers are as follows:Major misdemeanor conviction for crimes involving weapons, violence, embezzlement, dishonesty, misappropriation, fraud or sex crimes.Any felony conviction.More than one drunk driving or related conviction in the past three years.Registered sex offender.Sex offender match.

Can you be a nurse with a felony in Georgia?

In Georgia, the Board of Nursing can refuse to grant a license to an applicant, revoke the license of a licensed nurse, and discipline a licensed nurse upon a finding by the Board that that the applicant or licensee has been convicted of a felony or any crime involving moral turpitude.Jan 24, 2020

What is the Texas Board of Nursing?

The Board: protects the public from unsafe nursing practice, provides approval for more than 200 nursing education programs, issues licenses to more than 27,000 nurses per year by examination to new graduates and by endorsement to licensees from other states seeking a Texas license, as well as providing nursing ...

How do I get a Georgia Nursing license?

Submit one of the following:Verification of employment documenting (500) hours of licensed practice within the four (4) years immediately preceding the date of application.Proof of graduation from an approved nursing education program within four (4) years immediately preceding the date of application.More items...

Can you become a CNA with a felony in Georgia?

According to federal regulations, state boards must complete this vital step for all applications as a means of promoting public safety. If you want to become a certified nursing assistant, a background check could disqualify you if you have a prior felony conviction.

What is the meaning of moral turpitude?

A phrase that describes wicked, deviant behavior constituting an immoral, unethical, or unjust departure from ordinary social standards such that it would shock a community. In criminal law, the law sorts criminal activity into categories of crime either involving or not involving moral turpitude.

Who makes up the Texas Board of Nursing?

Sec. (a) The Texas Board of Nursing consists of 13 members appointed by the governor with the advice and consent of the senate as follows: (1) six nurse members, including: (A) one advanced practice nurse; (B) two registered nurses who are not advanced practice nurses or members of a nurse faculty; and.

How long does it take Texas Board of Nursing to post license?

How long does it take to get my permanent nursing license? The Texas Board of Nursing (BON) staff has a target of 15 business days from the date the last item needed is received to review and, if approved, to submit an endorsement application for a license to be issued, then for the license to be issued.

How long does it take to get blue card from Texas Board of Nursing?

a) Individuals whose CBC came back completely clear are mailed a blue card within ten (10) business days of the BON receiving the DPS and FBI results.

How do I contact the Georgia Board of Nursing?

GeorgiaLocation. 237 Coliseum Drive. Macon, GA 31217-3858. View in Google Maps.Mailing Address. 237 Coliseum Drive. Macon, GA 31217-3858.Website. Visit member website.Contact. Zelma Y. Delgado, MSHS, Executive Director.Phone. 844.753.7825.Fax. 877.371.5712.Current Local Time.NLC Member. Yes.

How long does it take to get a Nursing license in Georgia?

Approximately 4-6 weeksNo temporary licenses. Approximately 4-6 weeks upon receipt of all required documents.

Is Georgia a RN compact state?

On May 8, 2017, Governor Nathan Deal signed legislation that will make it easier for Georgia nurses to practice across state lines. Senate Bill 109, which passed the Georgia legislature in March, will make Georgia part of the Nurse Licensure Compact (NLC).May 16, 2017

What is the burden of proof for a criminal case?

A criminal prosecutor must prove a crime “ beyond a reasonable doubt “ . This is what is called the “ Burden of Proof ” in legalese. Beyond a reasonable doubt means, evidence that leaves a judge or jury firmly convinced . Beyond a reasonable doubt is the heaviest burden of proof we have in law. It is the hardest to prove. That is the burden of proof required in criminal prosecutions.

Is a nursing board investigation a criminal investigation?

A Nursing Board investigation is a serious matter. The investigator for the Director of Enforcement is not conducting a criminal investigation. Beware, if there is a separate criminal investigation, any statements a nurse gives to the investigator may be turned over to the law enforcement officer investigating the alleged crime. On the other hand, statements made by your lawyer may not be used against you. Thus, your lawyer provides a layer of protection for the nurse. A degree of separation.

How long do you have to report a nursing termination in Missouri?

Your nurse employer must report any termination for cause to the Missouri Board of Nursing. Reporting is mandatory within 15 days of termination. However, you cannot avoid this by resigning before termination. If you resign as a result of conduct which was grounds for termination, your employer must report you. See Missouri Statute 383.133.2.

Do employers report terminations of nurses?

An employer must report all terminations of a nurse for cause. When the Board asks the nurse for evidence, I strongly advise retaining a nurse defense lawyer. Do this before you contact the Board. The Board of Nursing has its own lawyers. Don’t go into battle without your own.

How long does it take for a nurse to file a complaint?

Each investigator opens a file usually within 30 days of receipt. This varies based on the volume of complaints received for all nurses. The head investigator determines if there is probable cause to investigate further.

How long does a nurse have to respond to a complaint?

As part of that investigation, the investigator asks the nurse for a statement. The nurse has 30 days comply. Others request an oral statement.

How long does it take to report a termination?

Even though there is mandatory reporting of termination within 15 days, there is no enforcement mechanism on employers. Many employer complaints arrive at the Board in months. Some may even arrive after years of the occurrence. Generally, big hospitals are good at complying within 15 days.

What are the rights of a nurse?

In either situation, there are specific rights that the nurse licensee has when the state board of nursing is considering taking some type of action against the nurse licensee. These rights are based on the Due Process clause of the 14th Amendment to the United States Constitution and include, but are not limited to: 1 A right to clearly know the allegations against the nurse; 2 A notice of the date, time and place of a hearing or other form of meeting with the board; 3 The right to legal counsel (at the nurse’s expense or through her professional liability insurance policy) or, at a minimum, the right to seek advice from a nurse attorney or attorney; 4 The right to present one’s own witnesses and documents (formal hearing) or the right to present statements/letters in support of the nurse in another form of meeting with the board; 5 If involved in a formal hearing, the right to cross-examine the board’s witnesses; 6 Whether after a formal hearing or another type of meeting with the board, a right to a written decision/transcript if any action is taken against the nurse; and 7 The right to have the decision of the board reviewed by a court. (“administrative review”). (2)

Why is legal representation important?

In any situation where one is alleged to have done something, legal representation is essential in order to defend against those allegations. Not having legal representation is foolish at best. Check your own nurse practice act and rules and identify what rights you have when you are faced with an allegation that you have violated ...

What is a settlement conference?

Such a meeting may be called a “settlement conference”, an “informal conference” or a “disciplinary conference”. In either situation, there are specific rights that the nurse licensee has when the state board ...

What is the duty of the Board of Nursing?

The Board of Nursing’s duty is to protect the public, not nurses. You must fully present your argument in the best possible light to show that you are safe to practice and are not a danger to the public. If you choose to represent yourself, this can be difficult to do.

What happens when a nurse is stripped of her license?

When an administrative complaint is filed that seeks to strip a nurse of his/her nursing license or discipline a nurse, the nurse has a right to request a hearing and a right to access the courts.

What are the two types of hearings?

The Two Types of Hearings You May Request. 1. Informal Hearing / Board of Nursing Hearing. Option one is a request for an informal hearing before the nursing board. The Board of Nursing cannot decide facts at a hearing, therefore an informal hearing before the BON is only for cases where the nurse does not dispute the facts alleged in ...

What is formal hearing?

Formal hearings are held before a neutral judge and proceed much like other court proceedings. Because formal hearings are in court and similar to other court proceedings, the rules of evidence, procedure and administrative law code applies. Each party is given the opportunity to present their argument.

What is the difference between informal and formal hearings?

The most significant difference between the two types of hearings is that a formal hearing forces the Department of Health or LARA to prove their case in administrative court; whereas an informal hearing does not because the facts are not in dispute.

What is option 2 in Michigan?

Option two is a request for a formal hearing before an administrative law judge (ALJ) with the Michigan Administrative Hearing System (MAHS) or Florida Department of Administrative Hearings (DOAH). Unlike informal hearings, you may dispute the facts alleged in the administrative complaint during a formal hearing.

What is board matter?

A Board matter is a legal proceeding where the nurse, and any other witnesses, will be sworn in under oath. A court reporter will take down everything said during the proceeding. An attorney for the Nursing Board will advise the Board on legal issues such as when objections are made and advise the Board members how to rule. ...

Where is the hearing notice buried?

Usually buried somewhere on the second page of a Hearing Notice (at least in Indiana and I presume in other states) is a notation that a nurse has the right to have an attorney represent them before the Nursing Board.

What happens when a settlement conference is held?

With nurses, when Settlement Conferences are held, the attorney for the State, the Board member and the nurse will go into a room. If you are unrepresented, the State makes a recommendation and the Board Member either approves or gives their own recommendation. The nurse will be asked if they agree to the recommendation.

Is there any advice for handling complaints against nursing license?

Where do I begin? I have been following this site for years and it has been a source of both comfort and anxiety. The following describes my ordeal handling a complaint against my nursing license.

About KCMnurse, BSN, MSN, RN (Member)

A registered nurse with over 30 years experience. Currently working in community health.

Wednesday, April 7, 2021

I have posted before on why nurses should obtain malpractice insurance and the myths nurses are told that keeps them from protecting themselves. Once again I have to present options to a client and because of the HUGE expense of fighting the BON, the nurse is unable to make the BON prove up the allegations with evidence.

Friday, November 8, 2019

The answer is simple and quick---YES, YES, YES!!! Nursing Defense Attorneys advise nurses who interact with patients to carry their own malpractice insurance.

Sunday, June 8, 2014

Nurses always ask what can they do to improve the regulation of their practice by the Texas Board of Nursing. There are questions of how to make the process more fair, especially for those nurses who have never had a violation before and have a wonderful history of nursing practice.

Tuesday, September 24, 2013

If the BON asks a question on application/renewal paperwork, answer the question truthfully. The area which trips up more Texas nurses is the criminal background question. This particular question has undergone multiple changes and refinements based on what the Board heard back from nurses who did not understand the question.