As with many states, North Dakota has had a demand for healthcare workers since the pandemic, particularly in Western North Dakota and rural areas of the state. For nurse practitioners, that makes the state a great place to work and live.
However, nurse practitioners in North Dakota follow a code of conduct maintained by the North Dakota Board of Nursing. Failure to follow those rules could see you losing your license. If your medical career is ever at risk, it's important to give yourself the best chance possible, and that's where the Lento Law Firm Professional License Defense Team can help.
With extensive experience in defending medical professionals, the Lento Law Firm Professional License Defense Team will work with you to boost your chances of keeping your license. If you're concerned about your North Dakota medical license, give us a call at 888-535-3686 or explain your situation using our online form.
North Dakota Conduct Requirements
The North Dakota Board of Nursing uses the Nurse Practices Act to manage expectations for licensed professionals in the state. In North Dakota, nurse practitioners fall under the label advanced practice registered nurse (APRN), which applies to those who serve as certified nurse practitioners, certified registered nurse anesthetists, certified nurse midwives, or certified clinical nurse specialists.
The list of violations for North Dakota APRNs is similar to that of other states. The following are behaviors that could lead to disciplinary action, license suspension, or license revocation:
- Unsafe practice: This blanket term can be applied to any of your behaviors that are seen as inconsistent with nursing practices.
- Misconduct: This is also a blanket term, but in this case, it's applied to behaviors that are seen as professional misconduct.
- Criminal activity: If you're arrested, convicted, or charged with a crime that could be seen as negatively impacting your future as a healthcare professional, you could be at risk.
- Past disciplinary action: You may have practiced medicine in another state before moving to North Dakota. If it comes to light that you've faced disciplinary action by another nursing board, your license could be at risk.
- Fraud: The board will discipline anyone found to be falsifying information to get a medical license.
- Controlled substances: Attempting to divert medical supplies or drugs for unauthorized use will land you on the wrong side of the board of nursing (BON).
- Practicing without a license: If you're practicing without a license, you could face disciplinary action that keeps you from practicing in the state in the future.
- Failure to report: If you see a violation of the Nurse Practices Act, report it. Otherwise, you could face disciplinary action.
- Failure to follow the rules: This blanket statement can be applied to any other activity that violates standards the BON has adapted.
North Dakota Board of Nursing Complaint Investigation
Disciplinary action starts with a complaint submitted through the state BON website. Once someone completes the Potential Violation Report (PVR), the information is reviewed to ensure it's valid. If it is, the board will then reach out to the licensee, at which point that licensee can file a written response.
From there, an investigation is launched that involves interviewing witnesses and gathering documentation. Once all the information is collected, the board reviews the information and determines whether there has been a violation of the Nurse Practices Act.
At this point, investigations can go one of two ways for licensees. Either the case is dismissed, or the licensee proceeds to disciplinary action. If you've contested the charges, you'll typically be allowed to appear in person to state your case. In the end, if the ruling is against you, you'll face sanctions up to having your license revoked.
Sanctions for North Dakota APRNs
If an APRN is found to be in violation of the Nurse Practices Act, the board will take disciplinary action. Here are the possible sanctions that may be imposed against an APRN in North Dakota:
- Reprimand
- Probation
- License suspension
- License revocation
- License surrender
- Cease and desist order
- Emergency suspension
- Penalty fees for each violation
An APRN may also be responsible for paying costs to investigate and research the case. This includes fees the board pays to witnesses. In some cases, you'll be required to complete some form of training or counseling before you can resume practicing.
Stating Your Case with the BON
If you don't agree with the charges against you, you'll be allowed to request to go before an administrative law judge to discuss your case. The state will present its side, along with the documentation and witness statements that were gathered, and you'll have the opportunity to state your case. This includes bringing in witnesses and introducing evidence that supports your side of the story.
What happens if you don't request a meeting with the judge? The board will conduct a brief hearing to present the state's side of things. A decision will be made based on the facts stated in that hearing.
The entire investigation process can take a couple of months, during which time you'll likely want to continue working. Whether or not the board allows this depends on the severity of the charges. The board's top focus is protecting patients, so if you're perceived to put that at risk, you will likely be prohibited from practicing until things are resolved.
Appealing a North Dakota BON Decision
If you go in front of the administrative law judge, the ruling will be reviewed by the BON at its next meeting. The ruling will include findings of fact, conclusions of law, and a disciplinary recommendation from the judge. The board makes the final decision as to what action to take.
You do have the right to appeal the board's decision, though. If you want to appeal, you'll go through the District Court of Burleigh County under Chapter 28-32.
Consequences of North Dakota License Revocation
Losing your medical license can deliver a serious blow to your medical career. If you lose your license, you'll be blocked from practicing medicine, but it doesn't just apply to your own state. The North Dakota BON reports disciplinary action to the NURSYS Data Bank of the National Council of State Boards of Nursing, as well as to other data banks that are required under federal law.
In addition to reporting the disciplinary action to federal sources, The North Dakota BON also shares the information with local healthcare agencies by publishing it as a Public Notice. As a result, the action could impact not only your professional reputation but your personal one, as well.
Nurse Practitioners and Multistate Practice
Most nurse practitioners are free to practice in multiple states, thanks to the enhanced Nurse Licensure Compact (eNLC). This agreement allows nursing professionals to practice in other states that are part of the agreement.
North Dakota participates in the eNLC, which means that a license in that state grants you permission to practice in your home state and any other state that's part of the compact. If you lose your license in one state, though, you won't be able to practice in other states that are part of the eNLC.
However, it's important to note that if you lose your license, it will still impact you when you move to a new state. Your licensing application will likely ask if you've ever had a license revoked in any state, and you'll need to disclose that information to avoid committing fraud.
There is good news, though. Losing your license only means you can't practice nursing in a medical setting. You can put your education to use by working as a home health aid or medical transcriptionist, for instance. But if an employer conducts a background check and your license revocation comes up, you may have some questions to answer. You may also face a roadblock in the job interview when a prospective employer asks why you're no longer practicing medicine.
Defending Your License in North Dakota
It starts with a notice letting you know a complaint has been filed against you. From that point on, you're in defense mode, forced to prove that you deserve to retain your medical credentials.
It can be tempting to assume all you have to do is go in front of the judge and state your case. The problem is you're facing off against the North Dakota Board of Nursing, which has a legal team at its disposal. That legal team has years of experience in gathering evidence and presenting it to administrative law judges. This puts you at a disadvantage.
The Lento Law Firm Professional License Defense Team has years of experience in helping medical professionals defend against complaints. Not only can we face the administrative law judge and Board of Nursing defense team on court day, but we also walk you through each step of the process, letting you know what to expect and what you can do to reduce your chances of disciplinary action.
Helping CRNPs Across North Dakota
North Dakota has a robust health system, with more than 50 hospitals and over 300 ambulatory care clinics. The state has the fourth-largest population of residents over the age of 85, which drives a demand for healthcare.
The Sanford Medical Center dominates the state, with hospitals, emergency rooms, clinics, cancer centers, surgical facilities, and more. You'll also find primary care and specialty physicians in almost every city, although rural areas have fewer options.
The Lento Law Firm Professional License Defense Team has worked with medical professionals from many of North Dakota's most popular medical facilities, including:
- Sanford Medical Center in Fargo
- Towner County Medical Center in Cando
- Altru Health System in Grand Forks
- St. Alexius Medical Center in Bismarck
- Essentia Health in Fargo
- Ashley Medical Center in Ashley
- Sanford Roger Maris Cancer Center in Fargo
- Trinity Health in Minot
- Quentin N. Burdick Memorial Health Care Facility in Belcourt
- Jamestown Regional Medical Center in Jamestown
- SMP Health in Fargo
How the Lento Law Firm Team Can Help
When you're defending your license, having an ally can make a big difference. The Lento Law Firm Professional License Defense Team has the experience necessary to help you navigate the process. Here's how our team will help you as you work to defend your medical license:
- Developing an action plan: If you've received a notice of complaint from the North Dakota Board of Nursing, chances are you have some questions. Before you take action, sit down with our team and let us gather information and help you determine the best course of action.
- Explaining the process: For nursing boards, the disciplinary process is fairly routine, but for you as a nurse practitioner, it's a complete mystery. Our team knows the ins and outs of these processes and can help you know exactly what to expect.
- Craft responses: When the BON first contacts you, you'll be invited to respond. It's important to act quickly, but at the same time, you'll want to make sure you write a carefully constructed, factual response without letting emotions get in the way. An attorney can handle that.
- Gather documentation: While the investigation is ongoing, you'll need to begin building your case to present to the board. Our team can help you get everything together, including identifying and lining up potential witnesses.
- Appear in person: Having legal counsel by your side can make a big difference when you need to face the board or the administrative law judge. Not only will we bring our experience to the situation, but we'll also speak on your behalf, which can make the process far less intimidating.
- Handle appeals: If the board doesn't decide in your favor, we can help you make sure you have the information necessary to mount a successful appeal. If the board has stipulated that you take specific actions before your license can be reinstated, we'll work with you to determine exactly what needs to be done to put you back in good standing with the North Dakota BON.
Nurse practitioners work hard to achieve and build successful careers. When that career is at risk, it's important to step back and take a deep breath. The Lento Law Firm Professional License Defense Team can help you approach the board with the information they need to handle the complaint investigation. If your North Dakota CRNP license is in jeopardy, give us a call at 888-535-3686 or let us know a little about your case using our online form.
