For the Nurse-Activists: Can Fervent Protest Expose Me to Professional Discipline?

Not since the Vietnam War era has protesting become such a widespread off-time activity for the American masses. Pick your legitimate complaint, but know this: Certain protesting activities could attract scrutiny from the nursing board (and your employer).

The legality of nursing boards sanctioning nurses for protest-related activities is under scrutiny. However, real-world cases show that employers can terminate nurses for behavior they deem unacceptable, and a nursing board might cite terms such as “unprofessional conduct” to justify disciplinary action against a nurse.

If you face professional discipline or even termination because of protest-related activities, call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online. We will do what we can to protect your rights and contest unjustifiable disciplinary action.

What Real World Cases Tell Us About Nurses’ Right to Protest (and Potential Ramifications of Exercising That Right)

First off, know that the potential response to your decision to protest will likely depend on:

• Whether your participation in a protest becomes public knowledge (and whether they make it to social media)
• How you conduct yourself in protest
• Your employer’s perspective on nurses’ right to protest
• The specifics of your state’s nursing statutes
• How your state nursing board handles any complaints about your protest activities

Real-world, headline-capturing cases give us a better idea of where this issue stands and where it may be headed.

A Florida nurse recently lost her job for posting a TikTok video wishing harm upon the White House Press Secretary—an action some might characterize as a protest. While the Florida Board of Nursing has not taken disciplinary action at the time of writing, this case shows that employers can terminate nurses for protesting in a manner they deem unacceptable.

At the same time, a Kansas-based nurse is raising the question of what actions constitute “practicing nursing” versus merely “educating the public on issues of a medical nature.” This case coincides with recent legislation proposing that nurses in Kansas not be sanctioned for activities (presumably, like most protests) that do not undermine their ability to nurse.

These cases illustrate the state-by-state, employer-by-employer, and ever-evolving responses to nurses exercising their right to protest (even in ways many might find distasteful).

Most Nurse Practice Acts Contain Justification for Sanctioning Certain Nurses Who Protest

The typical Nurse Practice Act authorizes disciplinary action against nurses who:

• Break the law
• Exhibit unprofessional conduct
• Undermine the public’s trust in their ability to practice nursing

These are just some of the justifications a nursing board might cite in disciplining a nurse who engages in protest.

It may be difficult to argue that a nurse who merely holds a sign and voices an innocuous chant warrants discipline. If a nurse makes controversial statements about individuals, is arrested, or is portrayed as “unhinged” in their protest activities, the likelihood of discipline typically increases.

If you fear that your participation in protest activities could trigger professional blowback, don’t wait to call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online.