Contacted by Your State Nursing Board: A Simple, Essential Checklist for What to Do Next

Being contacted by your state’s nursing board can have the same effect as a shrill scream in the middle of the night—it’s unsettling, generally unwelcome, and typically a cause for concern. While some correspondences from the board are routine, other instances involve notice of allegations or investigations the nurse would rather not face.

If your state’s nursing board contacts you for such reasons, what you do, or don’t do, next is pivotal. Taking the proper steps could allow you to successfully walk a career-preserving tightrope, while a single misstep might result in substantial discipline with severe financial and non-economic consequences.

With such high stakes and so little margin for error, rely on the LLF National Law Firm Professional License Defense Team. We have helped many nurses through daunting professional circumstances, and our familiarity with nursing boards nationwide makes us a priceless asset. Follow the guidance contained in this article, but even more importantly, call the LLF National Law Firm today at 888-535-3686 or contact us online for personalized instruction and defense services from a team you can trust.

Some Hair-Raising Reasons Why the State Nursing Board Might Contact You

When you receive a letter from your state’s nursing board, the best-case scenario is that you open the envelope only to find a survey, license renewal prompt, or an innocuous notice about a regulatory update. Not every letter or call is so harmless, though, and you might be contacted by the board about:

• A complaint that has been filed against you: Many complaints against nurses come out of the blue. A patient, employer, or member of the general public may file a complaint, not realizing how much trouble it will cause the nurse. Receiving notice of such a complaint can be truly shocking for a nurse, especially if the complaint is not based on fact.
• Notice of an impending investigation: You should generally receive notice of a complaint before you are notified of an investigation. However, if you don’t receive notice of the complaint, the notice of an impending investigation may come as an unwelcome, startling surprise.
• A request for you to give a statement: You should not be asked to provide a statement until after you are informed of a complaint and investigation, but in certain circumstances, a request to give a statement might be the first indication that you are under investigation for misconduct.

If you become embroiled in a disciplinary process, you might also receive other correspondence that requires you to proceed with abundant caution. This can include notice of formal allegations against you, an upcoming investigation, an impending hearing, an offer to settle your disciplinary matter, or a post-hearing finding that you have been found responsible for wrongdoing.

Whenever you receive verbal or written correspondence that concerns or distresses you, there are a few steps you should take without delay.

Making the Most of Unsettling News: What to Do Immediately After Receiving Notice of a Professional Inquiry

Taking action is the only remedy to the understandable anxiety that comes with a complaint against you. You cannot act haphazardly, though, as you risk making a difficult circumstance into a disastrous one.

Your goal should be intentional, cautious action, which in most cases includes:

1. Speaking with the LLF National Law Firm Team: Most nurses are unfamiliar with the disciplinary process. Even if you have been through this gauntlet before, you might face different circumstances this time around. The LLF National Law Firm Team has represented many nurses. This experience will serve as a solid foundation for you to make decisions that will best protect your nursing license.
2. Preserving all evidence that could benefit your defense: If you have any records or other evidence that may help our defense efforts, preserve them. This is particularly true of any evidence that directly contradicts allegations of misconduct levied against you. For instance, if a patient alleges that a nurse was not diligent in documenting a medical condition, notes from an appointment might confirm that the nurse did, in fact, thoroughly investigate the patient’s condition.
3. Writing down any relevant facts or recollections, especially if they refute allegations against you: Many complaints filed against nurses involve at least some degree of he-said, she-said. It can be valuable for you to write down your recollection of events as soon as possible. The longer you wait to create a formal record, the less reliable the findings of fact (in this case, your state’s nursing board) may consider that record. We can also help you create a record whose date of creation is verifiable.
4. Following our guidance: When nurses hire us to defend them, there is no ambiguity about our motives. Our goal is to help you out of these career-threatening circumstances—there are no hidden agendas, ulterior motives, or conflicts of interest. For this reason, we ask that you trust us and recognize that all advice we give and actions we take are in your best interest.

While we know that any potential threat to your license can consume your attention and cause dread and worry, know that we will guide you through this turbulent time. We only ask that you reach out as soon as possible so we can enforce your rights and begin charting the course ahead.

Avoiding Preventable Errors: What Not to Do When the State Nursing Board Breaks Bad News

For any professional facing an allegation of wrongdoing, what they don’t do is just as important as what they do. Acting rashly can be even more harmful than doing nothing at all.

Some actions that might cause self-inflicted harm after you receive unsettling news from your nursing board are:

• Reaching out to the board directly before contacting our team: Any interaction you have with a nursing board is an opportunity that something could go wrong. This is why you should refrain from responding to any call or letter from your state’s nursing board until you have spoken with us. While you might feel that you can resolve the matter or find some sense of relief by acting quickly, the risk of doing so far outweighs any potential benefit.
• Admitting wrongdoing: This is one of the most egregious errors you could make. Even if you have committed the offense that you are accused of, it is strategically imprudent to admit it. If you ultimately elect to accept responsibility, let us help you do so in a manner that protects you from overzealous sanctions.
• Accepting a consent agreement: This warning goes hand in hand with not accepting fault. When you submit to a consent order, you are generally required to admit fault. This can be a viable strategy, but the LLF National Law Firm Team will negotiate the most favorable consent agreement should you choose to—don’t attempt to do so without our guidance.
• Speaking about the complainant: Complainants can file frivolous complaints against nurses, and can even do so with malicious intent. Much as you may be tempted to, do not post on social media about or contact the complainant directly. Doing so can only make a difficult situation even more challenging, as you could even be accused of threatening the complainant or interfering with the investigative process.
• Disposing of or destroying evidence: Even if you believe that evidence could paint you in a poor light, preserve it. Our team will figure out how to craft your defense around any unfavorable evidence. If you dispose of any evidence, the board could view your actions as an indicator that you committed the offense(s) you are accused of.
• Moving forward in the disciplinary process without representation: Professional disciplinary processes can move forward quickly, even in a matter of days. The sooner you can retain the LLF National Law Firm Professional License Defense Team, the more effective we can be in defending you.

Once we become your representatives, we will advise you about any other actions you should or should not take. Each nurse needs personalized advice specific to their unique disciplinary process, and that’s what we will provide.

Explaining the Process That Might Come Next

While each state nursing board dictates how it adjudicates complaints against nurses, most states follow a similar process that includes:

Determining if the Complaint Is Valid

Some complaints are frivolous. If your state’s nursing board determines that the complaint against you lacks merit, it may not proceed with a formal investigation.

Once you receive notice of a complaint, proceed as if an investigation will occur. Protect yourself by retaining our team, as this will account for the possibility of a pending investigation and prevent you from making any unwitting mistakes in the meantime.

Investigating the Nurse’s Conduct

When nursing boards move forward with complaints, the investigative process may entail:

• The investigator speaking with you about the complaint, possibly even asking you directly if you committed the misconduct you’re accused of
• The collection and analysis of any evidence related to the complaint, which may include professional records and witness accounts
• The investigator speaking with the complainant, evaluating their credibility and the veracity of their allegations
• The investigator issuing their report
• The board determining whether there are grounds to move forward with the disciplinary process or dismiss the matter

We will ensure you are prepared and confident before undergoing any interviews. Your words and actions during this process can be either beneficial or detrimental to your defense, and we will work to ensure it’s the former.

Negotiating a Consent Agreement

There are several reasons why a nurse might choose to accept a consent agreement, which requires them to accept fault and some type of sanction. Consent agreements can be appropriate when:

• A nurse has committed some act or omission that violates their state’s behavioral expectations—nurses are not perfect, and sometimes they intentionally or unintentionally cross the line
• There is overwhelming evidence that would make it irrational to try to fight the allegation in a hearing setting—for instance, if a nurse is convicted of a felony, they may have few viable defenses
• Circumstantial evidence could make them look responsible in a hearing setting, even if the nurse is not truly responsible for a violation

Consent agreements vary in their fairness and severity. Even if you ultimately decide to accept responsibility, we will fight to secure a deal that does the least amount of possible harm to your career and reputation.

Proceeding to a Hearing

If a nurse believes they have a strong defense, they may choose not to accept a consent agreement. If you have been falsely accused, you think the allegations against you are exaggerated, or you simply believe you can convince a hearing panel to rule in your favor, we can present your case in a hearing setting.

Filing Any Necessary Appeals

Appeals exist for a reason. When a nurse receives an unfavorable ruling, our team is quick to appeal the decision. Some possible grounds for appeal are:

• The emergence of new evidence
• Bias or lack of due process in the disciplinary process
• A ruling that simply does not align with the facts and evidence presented

The LLF National Law Firm goes the distance for our clients. If your circumstances require us to lead an appeal, that’s part of our assignment, and we will fight you as far as the disciplinary process allows us to go.

How the LLF National Law Firm Professional License Defense Team Comes to Nurse’s Aid

When nurses come to us after being contacted by their state’s licensing board, we never know what circumstances we will encounter. That’s why we start by listening. You will have the opportunity to:

• Tell us what the nursing board’s representatives have said or written to you
• Explain your side of the circumstances
• Tell us whether you believe the allegations levied against you are legitimate, embellished, or outright fabricated

We will build a personalized defense strategy, soliciting your feedback to ensure you are comfortable with our plan of action. Then, we will fight with everything we have to protect your license, preserve your reputation, and get you through this challenging time.

Don’t wait. Call the LLF National Law Firm today at 888-535-3686 or contact us online.