The reader wonders what effect this will have on her nursing practice if she accepts the offer. Generally, the types of discipline that can be imposed by a board of nursing include an administrative warning letter, reprimand, probation, suspension and revocation.
The Public Health Code establishes the Board of Nursing to consist of 23 members: 9 registered nurses (RNs), 1 nurse midwife, 1 nurse anesthetist, 1 nurse practitioner, 1 clinical nurse specialist, 3 licensed practical nurses (LPNs), and 7 public members.
Your BoN clearly needs to revise its approach, & it may take a lawsuit to get them up to speed. Of course it is the primary duty of a BoN to ensure public safety via regulating nurse conduct, but nevertheless - it is incumbent on them to act in accordance with professional values, too.
Nurses have an obligation to keep abreast of current issues related to the regulation of the practice of nursing not only in their respective states but also across the nation, especially when their nursing practice crosses state borders.
Once your application is processed it says pending, it means nothing other than you filed an application. NJ BoN takes 3-6 weeks to post licensing results. They take your application, transcripts, background check & NCLEX result and all applications are reviewed by board committee.
Once a complaint hits their desk, the board has to determine if the facts as stated in the complaint are a violation of the laws that govern a nurse's practice. If so, an investigation is initiated, and the nurse may respond to the allegations. The board then resolves the complaint. It may or may not require a hearing.
between 6-14 monthsIn fact, BRN is allowed to investigate nurses who have done nothing wrong, just to make sure they are complying with the law. Based on dozens of investigations, we estimate that most investigations take between 6-14 months from the start of the investigation to the issuance of an Accusation or the close of the case.
Convicted of a crime substantially related to the qualifications, functions, and duties of an RN: Can apply to such crimes as embezzlement, child abuse, spousal abuse, battery, theft from a patient or client, or failure to report abuse.
The most frequent reason for discipline is practicing while impaired. SBNs set and enforce minimum criteria for nursing education programs. Schools of nursing must have state approval to operate.
Additionally, the Board of Nursing may disqualify people from becoming nurses if they have a criminal conviction from any time for either: a crime for which the applicant has to register as a Tier II or Tier III sex offender, or. a serious felony, as defined in Section 1192.7 of the Penal Code.
A nurse who is being investigated should expect to be contacted by an investigator. The investigator will request that you sign authorizations to allow them to access your employment records, and in some cases, personal records. The investigator will also want to interview you in person.
You may be fired for failure to comply, but here's a news flash: if you're suspected of diverting, you're going to be fired anyway. Protect yourself and do not give the employer or the future BRN investigation all they need to unequivocally prove diversion.
If the nurse against whom you have filed a complaint is found to be in violation of the Nursing Practice Act, the final decision can be: to revoke or suspend the license. to accept surrender of the license (Revoking, voluntary surrendering, or suspending a license prohibits the nurse from practicing.)
The nursing board can revoke a nurse's license for a variety of reasons. Some of the most common reasons include DUI convictions, improper patient care practices, and gross negligence, such as administering medications without a valid order and breaching patient confidentiality.
As much as nurses try to avoid it, ethical violations do occur. Breaches in nursing ethics, depending on the incident, can have significant ramifications for nurses. They may face discipline from their state board of nursing, or from their employer. They can also face litigation.
What action might be taken on a nurse who commits an infraction of the Nurse Practice Act? The nurse is subject to discipline by the state board of nursing.
Overcoming a bad situation. The complaint and disciplinary processes can be daunting, especially for those unfamiliar with them. Defending and protecting your reputation and livelihood can generate anxiety and angst, and dealing with a complaint can exact a high emotional as well as economic toll.
Hello Debbie, I suggest you follow up with the director of nursing via phone and email. If you do not get a response or do not get a response that addresses your concerns and what is being done about them, you can contact the DON’s supervisor, which can be a vp of nursing, a chief nursing officer or a CEO.
Who can file a complaint against a nurse? Patients, Health Care Facilities, nurses, other health care professionals, among others can contact the Board and allege legal violations.
Applicants to the Arizona Board of Nursing who have a criminal history from years ago (like a DUI) or previous case discipline by the Arizona Board of Nursing (or any other Nursing Board) may be subject to denial of their application for licensure.
Nurses who currently hold a valid license with the Arizona Board of Nursing or pending applicants must notify the board of nursing of any criminal charge that may affect patient safety within ten (10) business days (like a DUI) . Nurses should learn what crimes an individual must report and the potential discipline that can come with it.
The Alternative to Discipline Program (ATD) is the Board’s non-disciplinary, confidential monitoring division for Registered Nurses, Licensed Practical Nurses, Nurse Practitioners and CRNAs licensed in Arizona. ATD is for nurses with medical problems, substance use disorders or mental health conditions.
Any professional nurse licensee may request a legal appeal of an Arizona State Board of Nursing disciplinary action to an administrative law judge with the Arizona Office of Administrative Hearings (OAH) which is located in Phoenix. In some instances, a case is sent automatically to OAH.
Nurses who hold a license or certification in Arizona can face license actions by the AZ Board of Nursing for any investigatory matters. If the AZBN determines formal licensing action is necessary it will happen after the completion of an investigation.
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.
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. In Florida, when the Department of Health (DOH) files an administrative complaint, ...
If you received an administrative complaint against your nursing license, you or your attorney must complete the Election of Rights form and submit the form to DOH within 21 days of the date the administrative complaint was received.
Presenting your case requires communication skill, knowledge of the facts of the case, and Board procedure. Don’t trust your professional license to an inexperienced person or to yourself.
Not only can the immediate cost of sanctions be several thousands of dollars, but negative action on your nursing license can lead to job loss, among many other things.
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.
Once the final order is issued by the Board of Nursing, the nurse can file an appeal with the District Court of Appeals if he/she disagrees with the Board of Nursing’s final order.
If you receive a call from the Board of Nursing, we suggest you tell them that,although you are happy to cooperate with their investigation, you prefer not to givea statement until your attorney is present .
If there really is no evidentiary support for the allegations against you,then the matter will usually be closed within 30 to 90 days after the Board’s initialinvestigation.
However, in investigatingthe claim, the Board may contact your employer if your employer has relevantinformation about the complaint . In addition, your employer may be the one whofiled the complaint against you.
If you can't afford a legal defense, you may be forced into accepting a settlement agreement (also referred to sometimes as a "stipulation" or a "plea bargain") for some type of disciplinary action. Even if you only receive some small disciplinary action, this will be shown on your license forever.
Failing to purchase professional liability insurance to protect your license is not very smart given how inexpensive it is. You have worked many years to obtain your professional license. You and your family have spent a great deal of money for your education to achieve it.
A hospital will have insurance (or will self-insure) to cover itself, not you. A nursing home may have insurance to cover itself, not you. If you have a complaint filed against you with the Board of Nursing, it is very rare that your employer will pay ...
Furthermore, BON representatives are not able to give you legal advice on what to do. Even if you do speak with an attorney representing the BON, that attorney is not allowed by law to give you legal advice. Remember, the attorney representing the BON works for the state and is similar to a prosecutor.
Most states, Florida included, do not require you to make any statement to an investigator (or attorney) working on a Board of Nursing complaint, and we recommend that you not do so. In fact, under Florida law, your constitutional right ...
If you have nursing malpractice insurance, your professional liability insurance will most probably pay for your legal defense of a complaint filed against you, for a subpoena sent to you or for any deposition you must give. The need for defense of a complaint filed against you with the state licensing agency occurs many times more frequently ...