The Research Triangle (also known as the Triangle) is among the most populous and busy regions of North Carolina. Numerous healthcare facilities have been established over the years to serve the people of the region. From large facilities like Duke Regional Hospital in Durham or the WakeMed Raleigh Campus to smaller clinics in suburbs like Henderson, Garner, and Holly Springs, these facilities rely on nurses to address patient needs.
The Nursing Practice Act (NPA) in North Carolina authorizes the North Carolina Board of Nursing (referred to simply as “the Board” going forward) to license and supervise nurses in the state—and to take disciplinary action against nurses who engage in unprofessional conduct or similar violations.
The forms of disciplinary action the Board may consider can significantly limit your ability to practice nursing in North Carolina. In some instances, they can stop you from practicing nursing in the state entirely.
At the Lento Law Firm, our Professional License Defense Team offers nursing license defense services in North Carolina's Research Triangle. We're prepared to defend your nursing license when you face Board disciplinary action. Learn more about how we help by submitting your information via our online contact form or by calling our offices at 888-535-3686.
Reasons You May Need Nurse License Defense Services in North Carolina's Research Triangle
The NPA authorizes the Board to take disciplinary action against a nurse's license in a variety of circumstances. Specifically, the Board can discipline a nurse for:
- Providing false information to the Board or concealing information from the Board when obtaining a nursing license
- Being convicted, pleading guilty, or entering a plea of nolo contendere for any crime that suggests a nurse may be unfit to treat the public or may defraud the public
- Being unable to safely practice nursing due to a substance abuse issue, illness, or any other physical or mental condition
- Engaging in conduct that puts public health in danger
- Demonstrating incompetence in nursing by negligently or deliberately engaging in certain dangerous acts or omissions, even if a patient wasn't harmed as a result
- Deceiving, defrauding, or otherwise harming the public via their conduct
- Engaging in nonprofessional conduct that fails to conform to the standards of conduct for nurses in North Carolina, regardless of whether said conduct resulted in injury to a patient
- While practicing nursing in North Carolina or any other state, committing dishonest, unjust, or immoral acts
- Being subject to previous disciplinary action against their nursing license in North Carolina or any other jurisdiction
- Failing to respond to the Board in a timely when it has questions or inquiries regarding a nurse's license
- Violating any provision of the NPA or any of the rules adopted by the Board under the NPA
As the above examples illustrate, sometimes the phrasing of the law is relatively vague. For example, there may be disagreement regarding what does and doesn't constitute “acts of dishonesty, injustice, or immorality” that may warrant disciplinary action by the Board.
Understanding the charges is very important if you learn the Board is considering taking disciplinary action against your license. At the Lento Law Firm, attorneys with our Professional License Defense Team can review your case and explain the nature of the allegations you may be currently facing.
Offering nursing license defense services to nurses throughout North Carolina's Research Triangle, we're prepared to handle your case. Whether yours is a major health services employer like Duke University Hospital or UNC Rex Hospital, or you operate out of a smaller clinic in one of the Triangle's suburbs, we're prepared to take on your case.
Forms of Disciplinary Action the North Carolina Board of Nursing Can Take
Under the NPA, the Board has the authority to take the following types of disciplinary actions against a nurse's license:
- Public reprimand: A public reprimand is an official warning. Usually, when the Board opts for this form of disciplinary action, it doesn't limit or restrict a nurse's license. However, as the name of the action implies, the Board will publish information about formal reprimands online. Members of the public (including potential employers) can access this information accordingly. Thus, a public reprimand could affect a nurse's employment opportunities.
- Public letter of concern: This form of disciplinary action is similar to the above. Although a nurse may be able to continue practicing when the Board elects for this type of disciplinary action, a public letter of concern indicates disciplinary action for future violations may be less lenient.
- Probation: When placing a nurse on probation, the Board can impose conditions, although it doesn't have to. For example, if the Board places a nurse on probation because there's reason to believe a nurse struggles with a substance abuse issue, the Board may require a nurse to submit to drug and/or alcohol screening during a probationary period.
- Imposing limitations or conditions: Similar to probation, the Board can impose limitations on a nurse's license. For instance, perhaps a nurse demonstrates incompetence in a particular area of nursing. The Board may limit their ability to practice those types of nursing tasks until a nurse has achieved competence. Or, the Board may require a nurse to perform certain tasks while under the supervision of others.
- Voluntary surrender: The Board may sometimes request that a nurse voluntarily surrender their nursing license. If the Board provides you with this option, our attorneys can help you better determine whether it's worth considering.
- Education, remediation, or treatment programs: The Board can require a nurse to satisfy the requirements of an educational, remediation, or treatment program. The nature of the program the Board requires a nurse to enroll in will depend on the nature of the alleged violation.
- License denial: The Board can decide not to issue a new license to a nurse applying for a license in North Carolina for the first time. Or, the Board can choose not to renew the license of a nurse applying for a renewal.
- License suspension: The Board can temporarily suspend a nurse's license. During a suspension, a nurse may not have the privilege of practicing nursing in the state.
- License revocation: Revoking a nurse's license is a significant form of disciplinary action the Board may consider when evidence indicates a nurse is a danger to the public, has engaged in repeated violations, etc.
The forms of disciplinary action the Board can take have the potential to severely limit your career growth. If the Board has notified you that it's investigating an alleged violation, our Professional License Defense Team at the Lento Law Firm is prepared to offer reliable nurse license defense services in North Carolina's Research Triangle.
The North Carolina Board of Nursing's Disciplinary Process in the Triangle
North Carolina is a mandatory reporting state. If you work in the Research Triangle, the law states that anyone who has “reasonable cause” to believe you've engaged in misconduct or are otherwise incapable of safely treating the public should report their concerns to the Board. Parties who may file complaints include patients, coworkers, relatives of patients, and virtually anyone else who may have relevant information about your nursing capabilities.
You may also self-report certain issues to the Board. For instance, if you've been convicted of a crime that relates to the practice of nursing, you should self-report the conviction accordingly. Failure to do so could indicate to the Board that you've engaged in deception or fraud. Thus, the Board might be more likely to take significant disciplinary action.
The disciplinary process can vary somewhat depending on how the Board learns of an alleged violation. If the Board receives a complaint from another party, the disciplinary process usually involves these steps:
- Initial review: The Board reviews complaints to determine if they indicate actual violations have occurred. The purpose of the initial review is also to determine whether the Board has jurisdiction to handle the matter based on the nature of the complaint.
- Investigation: The Board will assign an investigator to the case once it determines a complaint warrants further action. Upon taking this step, the investigator will notify the nurse about the investigation. Contact our team as soon as possible if you receive such a notification. Only in rare circumstances will the Board launch an investigation without notifying a nurse accordingly. The Board may take this step when there's reason to believe notifying a nurse would impede the investigation in some capacity.
- Interview or letter: A nurse under investigation has the opportunity to present their side of the story. They can do so by participating in an interview or submitting a written statement. If you proceed with either of these options, do so with the assistance of your attorneys. Our team will ensure you provide valuable information that strengthens your case. We'll also help you avoid providing the types of information that could end up being used against you.
- Presentation: The investigator can gather information from various sources during their investigation. For example, they may interview your peers and employer to learn more about an alleged violation. Per the Board, there's no set timeline for how long an investigation may take. Once the investigator has completed the process, they will present their findings to the Board. The Board may then render a decision based on the available information.
Be aware that the Board investigation process can differ from a criminal investigation in many ways. Similarly, because the Board's priorities may differ from those of law enforcement and the court system, a Board investigator might prioritize certain forms of evidence that wouldn't be considered high-priority in a criminal case.
The main point to understand is that hiring a lawyer is very smart when you face Board disciplinary action against your nursing license in North Carolina's Research Triangle. However, a criminal defense lawyer will lack the unique experience necessary to provide you with an adequate defense.
That's not something you need to worry about when you hire our Professional License Defense Team at the Lento Law Firm. We specifically handle cases like yours, ensuring you receive the service you deserve right now.
How Disciplinary Action in North Carolina Can Affect a Nurse in Other States
The Board participates in Nursys. This interstate system allows nursing boards throughout the country to easily share information and nurse records.
There are benefits to this type of system. If you move from North Carolina to another state, the Nursys system simplifies the process of getting licensed in your new home. Nursys can also be helpful for nurses who wish to travel the country and provide nursing services in multiple states.
However, the Nursys system also allows nursing boards to easily share information regarding disciplinary action taken against nurses' licenses. That means disciplinary action taken against your license in North Carolina could affect your employment opportunities elsewhere.
This is yet another reason to enlist the help of attorneys who've represented clients like you when you face Board action in North Carolina's Research Triangle. Lawyers with our Professional License Defense Team at the Lento Law Firm will offer the peace of mind that comes from knowing qualified legal professionals are defending your nursing license (and career).
The Lento Law Firm Offers Nurse License Defense Services in NC's Research Triangle
If you're a nurse working in North Carolina's Research Triangle, and the Board is currently investigating you for an alleged violation, our team can help by:
- Reviewing your case and explaining the nature of the accusations
- Representing you during all correspondence with the Board
- If necessary, gathering evidence to push back against the evidence an investigator may gather
- Presenting mitigating factors that may demonstrate to the Board why it should consider leniency
- If the Board does take disciplinary action, ensuring you understand what's required of you to guard against non-compliance
- Presenting alternatives to discipline, the Board may consider
Being proactive is key right now. The sooner you get in touch with us, the sooner we can begin working on your defense. Get started today by contacting our Lento Law Firm Professional License Defense Team via our online form or by calling our offices at 888-535-3686.
