The North Carolina Board of Nursing (NCBON) considers “continuing competence” to be a “license requirement,” and education is central to a nurse exhibiting “continuing competence.” It’s this simple: If a nurse does not meet the NCBON’s continuing education (CE) requirements, they can’t renew their license.
For some nurses, a shortage of approved CE hours spirals into an even more dire professional roadblock. Upon auditing your adherence to the continuing competence requirements, the NCBON might find grounds to suspect you of professional misconduct—perhaps claiming that you knowingly lied about completing the required hours.
This is when you reach out to us. Even if you only suspect that your CE-related conduct could arouse suspicion from the Board, you should call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online. A proactive defense against a professional misconduct allegation tends to be a strong defense, so don’t wait to speak with us.
How Does the NCBON Usually Discover a Nurse’s CE Deficit (and Possible Related Misconduct)?
As you may have already discovered, the NCBON “sends out random audit notifications via the Nurse Portal when renewal notifications are released.” When a North Carolina-based nurse receives this notice—whether they work in Charlotte, Raleigh, Asheville, Fayetteville, Greensboro, or elsewhere in the state—they must “submit evidence of continuing competence if specifically notified by the Board.”
Completing continuing education (30 contact hours, for most nurses) is not the only way to exhibit “continuing competence” as a nurse in North Carolina, as you may instead do one of the following:
- Attain national certification or re-certification by “a national credentialing body recognized by the North Carolina Board of Nursing
- Successfully complete a “Board-approved refresher course”
- Successfully complete two semester hours of “post-licensure academic education related to nursing practice”
- Combine 15 contact hours of continuing education with one of four specified benchmarks, including but not limited to 640 hours of active nursing practice within the prior two years
The feasibility of each of these respective avenues may depend on the nurse’s professional circumstances. In any case, a nurse should prepare for an audit after attesting that they have met the renewal criteria.
What’s the NCBON Looking for When Auditing a Nurse’s Continuing Competence?
In auditing a nurse, the NCBON may be primarily looking for:
- Proof that the nurse has exhibited continuing competence (and is therefore eligible for license renewal, at least in this respect)
- Indications that the nurse may have lied, deceived, fabricated, or otherwise engaged in professional misconduct in reporting their continuing competence requirements
Whichever course you selected to exhibit your continuing competence before renewing your license, your conduct could be cited as grounds for a professional misconduct investigation (and, ultimately, a formal allegation).
What Kinds of Professional Misconduct Allegations Can Result from a CE Audit?
In reviewing the “behaviors and activities that may result in disciplinary action” by the North Carolina Board of Nursing, a few stand out as potentially related to the topic of continuing competence and license renewal:
- “Filing a false report”
- “Presenting false or fraudulent licensure information for any purpose”
- “Practicing or offering to practice beyond the scope permitted by law,” which may apply if a nurse renews their license through fraudulence, then continues to practice despite that fact
North Carolina’s guidance for CE-related audits does not state that a nurse will automatically be fined if they fail to show proof of continuing competence. However, a fine could be in order—and may be far from the most severe sanction a nurse faces—if they are investigated for professional misconduct.
What Happens After a North Carolina-Based Nurse Fails an Audit?
The NCBON’s guidance on the topic states that a nurse who is audited and unable to demonstrate completion of required competency benchmarks may face disciplinary action. Depending on when they are audited, their license to practice may also be placed on inactive status immediately.
The NCBON may have the discretion to allow a nurse to remediate lacking competency requirements. However, this may not be the situation you are in, as it is generally reserved for deficiencies the Board perceives as honest mistakes.
Plus, the statutory language makes clear that failing an audit for any reason can expose you to discipline. That said, you should be prepared for the NCBON’s disciplinary pipeline, a process that generally entails:
- The Board initiates an investigation and assigns an investigator if it elects to move further ahead
- The Board potentially flags you in the Nursys database as being under investigation (and, most likely, informs you of the pending investigation)
- The suspected nurse responds to the investigator’s inquiries or proactively provides a statement, should they elect to
- If the Board intends to pursue disciplinary action against the nurse, the nurse may request a meeting with a Settlement Committee or that an Administrative Hearing take place
Nurses often have grounds to request judicial review of the NCBON’s disciplinary decision. Such a request is often worth filing, in part because the Nursys database is a nationwide repository detailing disciplinary action for any interested party.
A nurse accused of CE-related misconduct may face license suspension or revocation, a hefty fine, public reprimand, restriction of nursing privileges, and other severe discipline. Our Professional License Defense Team will work hard in defense of your career and your reputation.
Our Professional License Defense Team Can Defend You
It is difficult to say exactly how we will fight for you—we need to learn about you and your circumstances first.
The strategy we propose to a nurse whose administrative oversight caused them to fall short of a few CE hours might differ drastically from that of a nurse who knowingly lied multiple times about their continuing competency requirements.
Yet, every nurse with a continuing competency concern in North Carolina should come to us for reliable, rock-solid counsel. From answering your questions to drawing up a comprehensive, one-of-a-kind strategy for resolving this CE-related problem, we provide the brand of advocacy nurses need and deserve.
Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online to discuss how continuing competency requirements have caused you trouble, and how we might help you overcome this substantial professional hurdle.