Nurses facing state nursing board disciplinary charges are already in a difficult position, with their license on the line. Yet when the state nursing board holds a disciplinary hearing resulting in an adverse decision, a nurse’s practice and career can come crashing down. A finding of misconduct may mean a license suspension or revocation. Even if the sanction is only a reprimand or license limitation, the accused nurse could still lose longstanding patient relationships, a fine reputation, a strong professional network, and even a job, nursing practice, and nursing career. In the face of those losses, appealing the nursing board decision may be your best bet. Read more below about how to appeal a decision. Yet your best move for an effective appeal is to retain the LLF National Law Firm’s premier Professional License Defense Team. Call 888.535.3686 or complete this contact form now so that we can get started on your appeal.
A nurse who faces misconduct allegations may suffer state nursing board discipline. The nurse could, for instance, lose a license to revocation or long-term suspension. See, for example, the Kentucky Nurse Practice Act authorizing the Kentucky Board of Nursing to revoke, suspend, or otherwise discipline a license on about twenty different grounds. License discipline generally follows a contested case hearing. While nurses may consent to discipline, basically walking away from their license, a nurse who hopes to retain the license against disciplinary charges may instead invoke the available hearing… but might lose at the hearing, suffering license discipline. And that’s where an appeal comes in. An appeal gives the losing nurse a second chance at relief from a higher official or panel. See again the Kentucky Nurse Practice Act, authorizing an appeal from an adverse Kentucky Board of Nursing decision straight to a state civil court. An appeal is a second bite at the proverbial apple. Let us help you with your appeal.
State Nursing Board Appeal Requirements
Appeals are generally highly technical proceedings. To effectively appeal an adverse state nursing board decision, you must make a timely filing of the correct appeal notice in the right place and in the right form. The specifics vary from state to state. Oregon’s Nurse Practice Act, for instance, authorizes an appeal from the Board of Nursing to a state civil court, as you’ve seen just above, which is also the case in Kentucky. In Oregon’s case, though, a nurse’s appeal of a Board of Nursing decision would go to the state’s court of appeals, not a trial court. Oregon’s Administrative Procedure Act requires the aggrieved nurse to file a petition in the state Court of Appeals setting forth the Board of Nursing decision from which the nurse appeals and attesting that the decision adversely affects the nurse’s license. The appeal proceeding then follows the Court of Appeals rules for hearing administrative appeals. Your appeal requirements may differ as to the forum in which you file and the specifics of your appeal notice. But you likely must file a written notice of appeal in the correct forum stating the decision from which you appeal. Let our attorneys determine your appeal requirements.
State Nursing Board Appeal Timing
The timing of your appeal is also likely critical to its success. Do not delay, even by a few days. Your state law may treat the time of filing as jurisdictional, meaning that if you file late, the appeal body or official has no authority to decide your appeal. State appeal periods can vary from as short as a few days to a month or more. Oregon’s Administrative Procedure Act, for example, cited just above, allows for a relatively lengthy sixty-day appeal period in most cases. California’s appeal period, by contrast, may allow for a thirty-day appeal period in most cases. Appeal periods, though, can also vary depending on what triggers the start of the appeal period and what causes any delay in the appeal. Do not assume either that you have time for an appeal or that you don’t have time. Instead, promptly retain our attorneys to investigate and pursue your appeal rights. Do not delay, or you may lose your appeal rights.
State Nursing Board Appeal Grounds
You may also need specific appeal grounds to appeal, depending on your state law. Some states permit de novo appeals, meaning a fresh decision as if the prior hearing had not even taken place. De novo appeals tend to be from an administrative law judge whose decision constituted a recommendation to the state nursing board, not a decision of the full board. Arizona follows that practice of a full hearing on appeal to the state Board of Nursing, as explained further below. But in many states, the appeal is from the full state nursing board to a higher administrative authority or to a civil court, and only on limited grounds. Oregon again provides an example. The Oregon Court of Appeals may only reverse the Board of Nursing’s decision to discipline a licensee if the Court of Appeals finds that the Board erroneously interpreted a provision of law, violated a constitutional or statutory provision, exceeded agency discretion, or lacked substantial evidence for the decision. The Court of Appeals may not substitute its judgment for the Board of Nursing on a question of fact. Let our attorneys determine your appeal grounds and the applicable law for your best appeal outcome.
State Nursing Board Appeal Forum
The appeal forum can also differ among states. Some states have the nursing board hold the hearing, and another official hears the appeal from the nursing board’s decision. Other states have another official hold the hearing and then have the nursing board hear the appeal from the other official. Arizona, for instance, follows the latter practice. In Arizona, an administrative law judge holds the hearing. The Arizona Board of Nursing then accepts the administrative law judge’s hearing recommendation. If the accused nurse disagrees with the administrative law judge, the nurse can appeal to the full Arizona Board of Nursing. Some appeals are before a single appellate official, while other appeals are before a full board, as in Arizona. And some appeals are straight from the administrative hearing board to a civil court, as in the case of the Ohio Nursing Practice Act. No matter the forum, our attorneys are prepared to represent you in your appeal. We know the expectations and requirements of each forum.
State Nursing Board Appeal Format
The appeal format can also vary widely among states. An appeal from a hearing decision in some states involves filing a written appeal brief and awaiting the appeal decision of the appellate official or panel. The appellate official or panel decides the appeal on the cold record of the hearing, without any witnesses, argument, or other evidence, other than what appears in the hearing transcript. An appeal from a hearing decision in other states involves filing the written appeal brief and then appearing before the appellate official or panel for an oral argument of the appeal. An appeal from a hearing decision in other states involves requesting a rehearing. In that latter case, the appeal is much like a new hearing, involving the testimony of witnesses and presentation of evidence. Arizona, for instance, follows the latter course, essentially providing the accused nurse with a new hearing on appeal. Once again, our attorneys know the appeal formats and how to invoke them for your best appeal outcome.
Court Review of State Nursing Board Decisions
As already indicated above, some state administrative procedure acts provide for an appeal from a final agency decision to a state civil court. The Ohio Administrative Procedure Act, for example, provides that any party aggrieved by a final agency decision revoking a professional license may appeal to the state court of common pleas. The appeal is to the court in the county where the licensed professional resides or does business. In Ohio’s case, the court does not hold a new hearing. Instead, the agency certifies the hearing record to the court, and the court reviews the hearing record for error, as the aggrieved party advocates. Each state, though, has its own administrative procedure act provisions, which vary as to whether a right of court review exists and, if so, the grounds to reverse the agency decision and the type of review or hearing the court conducts. Our attorneys can guide your disciplinary matter into and through the civil courts for appropriate review and relief.
The Perils of Self-Representation on Appeal
Do not attempt an appeal on your own. You may end up filing the wrong papers, in the wrong place, and too late. Even if you do initiate your appeal properly, you may not properly obtain, submit, analyze, and advocate the hearing transcript below. You may not cite the controlling legal authority, address the appropriate appellate review standard, or invoke the applicable legal principles. You may not have the skill to draft a convincing appeal brief or make a convincing appellate oral argument. You likely have only one good chance at an appeal. Don’t waste it by declining representation.
Beware Unqualified Representation
Do not hire unqualified legal counsel, such as a local criminal defense lawyer, personal injury lawyer, or transactional lawyer who lacks skill and experience with administrative appeals of professional licensing decisions. Licensing matters differ from the usual court and transactional matters that most lawyers handle. Administrative rules and procedures also differ from court and transactional procedures. When you retain unqualified counsel, you do yourself a disservice. Unqualified counsel may even do more harm than good because the appellate official or panel will presume that the attorney is putting forward your best appeal when that may not at all be the case.
Retaining Qualified Appellate Counsel
The above discussion should make it crystal clear that effective appeals require our highly qualified, skilled, and experienced counsel. We can file the correct notice of appeal in the correct appellate forum within the proper time. We can obtain the hearing transcript and record, timely file them with the appellate body or official as required, and analyze the transcript and record to show the hearing errors that the appellate panel or official should reverse. We also know the controlling authority and principles, and how to cite that law in a proper and convincing appeal brief. Our attorneys are also skilled and experienced oral advocates for appellate arguments. You need our highly qualified attorneys for your best appeal outcome.
Resolution on Appeal
When you retain us to pursue your appeal, we may also be able to obtain a negotiated resolution in your favor while the appeal is pending. Some appeal procedures in some states encourage or require the parties to meet and confer in an effort to resolve the matter without the necessity of an appellate decision. Our attorneys may be able to use those opportunities to present options for remedial measures that you have already taken or can readily complete, to satisfy the Board of Nursing that you are fit and competent for practice and have addressed whatever issue led to the allegations. Let us seek a favorable resolution outside of the appeal procedures, even as we pursue your appeal.
Results of Appeal
The results of an appeal can vary more widely than you might suspect. Some appeals result in affirmance of the hearing decision, while others result in reversal of the hearing decision. Yet appeals are often not all-or-nothing propositions. Some appeals result in a remand for further proceedings before the state nursing board or other hearing officer or panel. Other appeals result in a remand for reconsideration of the finding or penalty in light of the appellate guidance. An appellate panel may also disqualify a hearing officer for bias or conflict of interest, requiring a rehearing before a new officer or newly constituted panel. Whatever your appeal results, our attorneys can advocate for dismissal of the charge or remedial measures in lieu of punitive sanctions.
Premier Appeal Representation Available
If you have suffered an adverse state nursing board decision, imposing discipline of any kind against your nursing license, retain the LLF National Law Firm’s premier Professional License Defense Team to pursue your appeal rights. Call 888.535.3686 or complete this contact form now to retain our highly qualified attorneys.