If you've received a notice that someone has filed a complaint against you with your state's Board of Nursing (or equivalent nurse licensing agency), you are likely wondering how long it will be until the matter is resolved. It can be extremely stressful to have a cloud of suspicion hanging over you, and not knowing when or how or when it's going to be resolved can take a toll on your mental health.
Before there can be any resolution of your disciplinary case, the complaint against you will have to be investigated by someone appointed by the BON. It's during this period that the Lento Law Firm's Professional License Defense Team can make a significant difference. Our experienced attorneys understand the licensing investigation process and can protect your rights. They also help make sure that the BON's investigator reviews evidence that supports your defense and not just evidence that can be used against you by the BON. Call us today at 888.535.3686 or complete our contact form to schedule a confidential consultation to discuss your case and learn how the Lento Law Firm can help.
Is There a Time Limit for Nursing Misconduct Investigations?
One of the first things that will happen when a misconduct complaint is filed against a nurse is that the Board of Nursing (or the appropriate licensing agency in your state) will appoint an investigator to look into the allegations. There generally is no time limit for how long these investigations can take. It will depend on a number of factors, including:
- The investigator's workload: how many other cases they are responsible for investigating
- The allegations made against the nurse
- How many witnesses the investigator needs or wants to interview, and what their availability is
- How much time it takes for the investigator to collect any other type of evidence the investigator believes is needed
- Whether the investigation uncovers any additional potential misconduct that itself must be investigated
This means that it can be quite difficult to predict how much time the BON's investigator will spend looking into the allegations made against you. And it also explains why these investigations do not have fixed time limits.
How Long Will the Investigation Take in My Case?
In the experience of the attorneys on the Lento Law Firm's Professional License Defense Team, nursing misconduct investigations can typically take anywhere from six months to over a year to complete. Again, this estimate is just that – an estimate. Each case is different, and if the allegations made against you are more complicated, the investigation can take longer; or if they are simpler, the investigation may be over more quickly.
Various states offer similar estimates. In New York, for example, the State Education Department is responsible for professional license misconduct proceedings for a number of professions, including nurses. The SED notes on its website that “Almost all investigations are completed within 9 months or less,” but also notes that a complicated case can take “2 years or more” before it's resolved.
California's Board of Registered Nursing points out that the time it can take to completely resolve a complaint against a nurse “depends on the complexity of the complaint and the type of review necessary to address the allegation.” It goes on to estimate that it can take anywhere from “several months to a couple of years” to resolve a matter, and that time period includes the investigation process.
The Texas Board of Nursing states that an “investigation typically takes six (6) to twelve (12) months to complete, depending on circumstances,” but also notes that there are “numerous” reasons for delays in the investigation process that are outside the control of the investigator, the BON, and the nurse who is under investigation.
Again, there is no hard and fast timeframe that applies to nursing misconduct investigations. There are simply too many variables that can affect how long the process takes. Witnesses may be difficult to track down, or there may be problems scheduling interviews. It can take time to secure copies of records, particularly where the records also contain confidential medical information about patients. And investigators often are juggling multiple cases, which can lead to delays.
When you contact the Lento Law Firm's Professional License Defense Team about your case, we will be able to give you an estimate based on the facts that you share with us and the complaint that is filed against you, but that will just be an estimate. One thing we can state with certainty is that we will work as hard as possible so that we are not the cause of any delay in the investigation.
This All Seems Very Uncertain. How Can I Handle the Stress of Being Under Investigation for Months or Longer?
In our experience, nurses who are under investigation because someone has filed a misconduct complaint against them tell us that working with one of our experienced attorneys has helped make what could be a very difficult and stressful experience much easier to deal with. They typically point to a number of reasons for this:
- We explain what's going on with their case so that they benefit from our years of experience defending other nurses in similar situations
- We make sure they don't miss any deadlines so that they don't have to worry about what happens if they fail to do so
- We prepare them for things like being interviewed by the BON's investigator and are there by their side to make sure they only answer clear questions that they understand
- We can be their main point of contact with the BON, acting as a buffer between the nurse and the BON personnel who are conducting the investigation
- When appropriate for the case, we can conduct our own investigation on behalf of our client to uncover helpful information that can be used to defend against the misconduct allegations
- We use our experience and knowledge of the nurse's case to negotiate with the BON on behalf of our client in cases where the BON decides to bring charges after the investigation is complete
- If their case goes to a hearing, we will prepare them for the hearing and will vigorously defend them throughout the entire proceeding
- Throughout the entire process, we are there for them, available to answer their questions and address their concerns
In short, we can make the entire process much less stressful and uncertain – no matter how long or short the investigation and resolution of the misconduct allegations takes.
At What Stage in the Disciplinary Process Does the Investigation Happen?
The investigation of a nursing misconduct complaint typically is one of the first things that happens in the nursing disciplinary process. Here is a short summary of what happens after the BON (or the licensing agency in your state responsible for nursing misconduct allegations) receives a complaint about a nurse:
- The complaint is reviewed to determine whether it alleges misconduct that the BON regulates. Not all complaints raise issues that are regulated by the state's BON. For example, personality differences typically don't rise to the level of misconduct because they don't affect the quality of patient care. Billing or insurance disputes are normally outside the scope of the type of conduct regulated by the BON.
- If the complaint alleges that the nurse committed the kind of misconduct that the BON regulates, an investigator will be assigned, and the nurse named in the complaint will be notified. The notification will typically describe the allegations made against the nurse, and the nurse may have a chance to respond to the notice.
- The investigation will follow. The nurse named in the complaint will likely be interviewed about the allegations, and there will likely be other interviews as well – of the person who filed the complaint, of other witnesses to the incident (if any), of co-workers of the nurse, and others who may have relevant information.
- The investigator will prepare a report for the BON. That report will set forth the investigator's findings and may also include a recommendation as to whether the investigator believes the nurse is responsible for misconduct. The nurse may have a chance to respond to this report, either before or after it is submitted to the BON.
- The BON will review the investigator's report and decide whether to close the matter or to bring formal charges against the nurse.
- If the BON brings formal charges, the nurse will have a chance to respond to these.
- There will typically be a chance to negotiate a resolution of the charges with the BON, one that does not require the nurse to appear at a formal hearing.
- If the nurse and the BON are unable to agree on a way to resolve the charges, the matter will proceed to a formal hearing.
- At the formal hearing, the BON will introduce evidence against the nurse, and the nurse will be able to challenge that evidence and introduce their own evidence in their defense.
- After the close of the formal hearing, the hearing panel or officer will issue a written decision that will typically describe the facts that were determined at the hearing, as well as the outcome.
- If the outcome of the hearing is in the nurse's favor, the matter will be closed.
- If the ruling is against the nurse, then sanctions will typically be imposed on the nurse at that point.
- The nurse will have a chance to appeal the hearing decision, though typically on limited grounds.
All of this is much easier to manage if you are working with an experienced professional license defense attorney, someone who has been through all of these stages before and knows what it takes to effectively defend a nurse whose license is at risk. And the sooner someone from the Lento Law Firm's Professional License Defense Team is working on your behalf, the more help we will be able to provide.
Turn to the Lento Law Firm When Your Nursing License is at Risk
Your nursing license is one of your most valuable credentials. You've worked very hard to earn it, and keeping your license active is the key to your career and your ability to earn a living. If you're accused of misconduct and are facing a disciplinary investigation, all of what you've worked so hard for may be at risk. A license suspension or revocation can leave you out of work and unable to make a living as a nurse, and even a lesser sanction, such as probation or a reprimand, can leave a stain on your record that can make it harder for you to get the kind of job that you want.
This is why you need the help of an experienced professional license defense attorney from the Lento Law Firm when you learn that someone has accused you of nursing misconduct. Our experienced attorneys have spent years helping nurses all across the country defend themselves and their licenses against misconduct allegations. All that experience will be used to help you in your case, with our goal being to protect your ability to continue to practice as a nurse.
Our attorneys will keep you informed every step of the way as to what's happening with your case. We will prepare you for any interviews you have with the BON's investigator and will be by your side when they happen so that you only answer fair, understandable questions. We'll be your point of contact with the BON and, if necessary, will negotiate fiercely on your behalf to resolve your case in as favorable a way as possible. If it goes to a hearing, we will make sure you're ready for it and will defend you against the allegations and evidence brought by the BON.
Don't try to defend yourself against allegations of nursing misconduct! When the stakes are high, you need the help of someone who knows what it takes to effectively defend against disciplinary charges. Call the Lento Law Firm's Professional License Defense Team today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced nursing license defense attorneys. Your nursing license and career are important to you; let the Lento Law Firm help!
