North Carolina's Nurse Practitioners are a vital cog in the state's healthcare system. Accordingly, North Carolina's government has the authority to license nurses and exercise oversight of their conduct on and off the job. The North Carolina Board of Nursing is the agency that manages these processes. This Board has the power to investigate, sanction, and even suspend Nurse Practitioners who violate state nursing regulations.
Are you a North Carolina Nurse Practitioner who is under investigation for misconduct or facing sanctions from the Nursing Board? The consequences of even a minor disciplinary sanction could limit your future earnings and employment opportunities. That's why you must consider your next move very carefully before answering a Nursing Board inquiry or simply accepting board sanctions. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 or contact us online today.
North Carolina Nurse Practitioners and the Nurse Licensure Compact
Despite the important role Nurse Practitioners play in patient care, North Carolina and many states in America are dealing with a shortage of licensed nurses. Joining the Nurse Licensure Compact is one way that states have sought to alleviate their nursing shortage. In the Compact, 41 US states and territories recognize the nursing licenses issued by each member state and allow them to practice in compact states. North Carolina is one of them.
However, it also means that disciplinary sanctions issued by the North Carolina Board of Nursing have equal effect in other compact states. So, if the North Carolina Board suspends your license for misconduct, your license is effectively suspended in the other Nursing Compact states. It also means you submit to the North Carolina Board of Nursing's regulations if you are licensed in another state and practicing in North Carolina under the compact.
Unfortunately, the disciplinary process is not geared in your favor. The Nursing Board's mission is to preserve public safety, not ensure your continued access to employment. That means they will likely err on the side of suspending or sanctioning your license unless you can prove to them why they shouldn't. This is where our Professional License Defense Team can help make a difference in your case. Our job is to protect you and your license.
The NURSYS System and North Carolina Nurse Practitioners
There is another reason you want to avoid any sanctions on your nursing license. Even if the violation does not lead to a suspension, it will be reported to the NURSYS database. This is a nationwide database of licensed nurses that also includes any disciplinary sanctions or violations you have on your record. Both prospective employers and non-Nursing Licensure Compact states have access to the NURSYS database.
Having disciplinary sanctions attached to your name in the NURSYS database may harm your future employment prospects or limit your opportunities for career advancement. The NURSYS database is another example of why it's so important to have a team committed to your defense in a Nursing Board investigation. Your due process rights are only as good as the legal team protecting them. Remember, your career and reputation are at risk in a Nursing Board investigation.
North Carolina Nursing Rules, Mandated Reporting, and Investigations
North Carolina's nursing regulations are laid out in the North Carolina Administrative Code Rules and the Nursing Practice Act (NPA), which also designates North Carolina as a mandatory reporting state. That means anyone who has a good faith belief or legitimate reason to think you have committed misconduct, or are incapacitated in any way, is legally obligated to report their suspicions to the Board.
They can report the suspected misconduct under their name, or they can report it anonymously. That means a complaint can come from anyone you encounter while you're working. Examples of people who may report you to the board include other nurses, doctors, patients, or hospital staff. Whatever the reason for the report, the Nursing Board is required to act. Their next step will be to decide whether they have jurisdiction to sanction the alleged misconduct.
If they do find cause to believe a violation may have occurred and they have jurisdiction over the case, the Nursing Board will assign an investigator to the complaint. Under most circumstances (except when doing so would harm the investigation), the investigator will notify you in writing that you are being investigated. You have the right to have an attorney represent you when you find out you are being investigated.
How the Investigation Works
The Lento Law Firm Professional License Defense Team can represent you throughout the investigation and disciplinary process. You can respond to the allegations against you in an interview with the investigator or a written statement. This is your first opportunity to make a case for why you should be allowed to keep your license. We can craft an effective statement on your behalf or ensure you're well-prepared for the interview.
The Board investigator can request and audit records, interview witnesses, or gather evidence from any sources that may shed light on the investigation. The Board investigator may also be able to subpoena witnesses or other documents. Board investigations must be conducted in a timely fashion, but no two investigations are alike. How long the investigation takes to complete will depend heavily on the complexity and depth of the allegations.
One thing you must always remember is that responding to the Board investigator is critical. Failing to respond after being notified of an investigation is a violation in and of itself. Failure to respond to the board will not stop their investigation. More importantly, it will cost you your only opportunity to defend yourself against the investigation. The sooner you bring us on board, the sooner we can begin working on your defense.
Resolving Investigations and Sanctions
Once the investigation has concluded, the investigator will forward their findings to the Board. At that point, the Board has several different options for how to proceed. If they do not believe the allegations or evidence uncovered by the investigation rise to the level of misconduct, they will take no action and dismiss the case. This is the most ideal potential outcome of any investigation.
If the Board disapproves of your conduct but does not believe it rises to the level of a violation or lacks clear evidence that a violation occurred, they will issue a Letter of Concern. This is the equivalent of a written warning. It may not carry sanctions with it, but it could also be used against you in future disciplinary investigations or alleged repetition of the same behavior.
Consent Orders
When there is evidence of misconduct or a violation of the NPA or the Administrative Code, the Board will assess the gravity of the violation before acting. In cases where they believe a mistake or violation occurred but allowing you to continue practicing would not threaten the public, they may issue a Non-Disciplinary Consent Order (NDCO).
Under an NDCO, you may admit to some element of misconduct and agree to retraining or continuing education to prevent you from making the same mistake again. If you submit to an NDCO, you can continue practicing without restriction. However, you must satisfy all the conditions of the NDCO and avoid repeating the same violation.
The NDCO is the least punitive disciplinary measure the Board can apply in cases where evidence reveals an actual violation occurred. The terms of an NDCO are usually established by the Board, but we may be able to assist you in negotiating the best agreement possible under the circumstances.
What is a Published Consent Order?
In cases where the Board believes there is clear evidence you have committed a violation or other misconduct that would endanger the public, they will issue what is known as a Public Consent Order (PCO). A PCO is a public reprimand that will spell out the full details of your violation(s) and the Board's discipline. They typically include one, or more of the following disciplinary sanctions:
- The public reprimand being uploaded to the NURSYS database
- The issuance of an order to monitor your behavior and methods of practice
- Placing you on restricted status/required monitoring or limiting the scope of professional duties you can carry out
- Suspending your license for a designated period commensurate with the severity of the violation
The length of any suspension will be determined by the gravity of the violation. In severe cases, your license can be suspended permanently. Under North Carolina law, any disciplinary actions become a matter of public record. They will be posted in the following places:
- The North Carolina Board of Nursing Website
- The NURSYS Database
- The National Practitioner Databank
- The Office of the Inspector General
Keep in mind that once a North Carolina disciplinary sanction is uploaded to the NURSYS database, other state licensing boards may initiate an investigation. So, your Board punishment can, and most likely will, result in you facing sanctions anywhere else you are licensed to practice. You don't want any of that to happen. This is why it's so important to exercise your right to have an attorney at the beginning of the disciplinary process.
Appealing or Disputing the Nursing Board Sanctions
The Board's decision to discipline you for misconduct is not necessarily the final word. You have the right to request a hearing with the Settlement Committee and to take a second look at the adverse decision. The Settlement Committee is made up of Board members, and appearing before them gives you the chance to submit evidence or mitigating factors that would justify a lesser punishment in your case.
Bear in mind that even if you request a Settlement Committee hearing, you cannot dispute the findings of fact uncovered during the investigation. The purpose of this hearing will be for you to persuade the Committee why you deserve a lesser punishment. There is a $300 fee to request a Settlement Committee Hearing. Our Professional License Defense Team can help you build the strongest case possible and maximize your chances of a positive outcome.
Administrative Hearings
You may also request an Administrative Hearing. This is a formal public hearing where a designated group of Board members will review the evidence against you, but also consider the evidence you present on your behalf. Both you and the Board's investigator may call witnesses, who will testify under oath and penalty of perjury. After all the evidence is heard, the Board members will decide on the appropriate outcome. This option carries a cost of $300/hour.
The Lento Law Firm Professional License Defense Team has extensive experience defending licensees at administrative hearings. Our primary goal at any hearing is to show the Board that you pose no threat to public safety. However, we try to do more than just defend you. We will work tirelessly to gather and present evidence to the Board that you are an asset to the healthcare system, not a threat to it.
The ability to present your case and challenge the investigator's evidence against you at an Administrative Hearing may be your last and best opportunity to retain your license. You've worked your entire life to get your Nurse Practitioner credentials. Your choice of attorney, and the quality of their work, could be the difference between winning and losing at an administrative hearing. We will put all our experience, skill, and effort into protecting your hard-earned license.
What Kinds of Violations Can Lead to Nursing Board Sanctions?
Nurse Practitioners' important place in the healthcare system necessitates that they perform at the highest standards whether they are on or off duty. The NPA and Administrative Rules list numerous potential violations and misconduct that can lead to sanctions. The unfortunate reality is that the sheer volume of these rules and regulations makes it possible for a good practitioner to face investigations and sanctions.
A felony conviction of any kind, and even some misdemeanor substance-related cases, in your private life could trigger a Board investigation and sanctions. On the professional side, the list of potential violations is even longer. Examples of the cases we have defended include, but are not limited to, the following:
- Theft of controlled substances or supplies
- Incompetence or negligence
- Violating patient privacy laws
- Inadequate or incomplete record-keeping
- Working while under the influence of alcohol or drugs
Even if the charge or violation you are charged with doesn't appear here, we likely have experience defending against it. Don't forget our Professional License Defense Team works nationwide. So, we can defend your license in front of the North Carolina Board of Nursing, and at the same time, we fight for you in other states where you hold a license.
Call the Lento Law Firm Professional License Defense Team
Becoming a Nurse Practitioner in North Carolina is one of life's great accomplishments. Unfortunately, all it takes to put your life's work in jeopardy is a misunderstanding or an anonymous complaint. If you receive notice that you're being investigated by the North Carolina Board of Nursing for misconduct of any kind, you must act immediately. The investigation isn't going away, and you can't afford to assume the Board will see things your way.
You have a lifetime of work on the line, but more importantly, you have the right to an attorney. The Lento Law Firm Professional License Defense Team is here to fight for your license and give you the legal representation you deserve. Don't leave your medical license in the hands of the Nursing Board without defending it. Let the Lento Law Firm Professional License Defense Team be your shield against Board investigations and sanctions.
We have dedicated our practice to defending hard-working, professional license holders from board discipline and investigations. If you trust us with your case, we will mount a determined, well-planned, and well-executed defense of your license. We are licensed professionals ourselves. We understand what losing your license means, and we will do all we can to prevent that from happening. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 or contact us online today!
