As a nurse serving in North Carolina's Piedmont Triad, you likely already understand the North Carolina Board of Nursing (or simply “the Board”) has the authority to take disciplinary action if you violate relevant laws or rules.
There are many reasons the Board might take such action. This guide will cover some noteworthy examples. However, reviewing your case with legal professionals who specifically work with clients like yourself is a smart way to more thoroughly understand why the Board is investigating you—and what forms of disciplinary action the Board may consider taking.
The Lento Law Firm's Professional License Defense Team serves nurses facing disciplinary action throughout the Piedmont Triad. Whether your employer runs a small family clinic in a community like Gibsonville or you work for one of the major healthcare employers in the region, like Moses H. Cone Memorial Hospital in Greensboro, we're available to defend your nursing license and career. Find out more about what we can do for you by submitting your information via our online contact form today or calling us at 888-535-3686.
Reasons a Nurse in the Piedmont Triad May Need Nurse License Defense Services
Under the North Carolina Nursing Practice Act (NPA), the Board can take disciplinary action against a nurse for the following violations:
- Providing the Board with false information or concealing relevant information from the Board in an attempt to obtain a nursing license
- Being convicted of, pleading guilty to, or pleading nolo contendere to any crime that suggests that a nurse is either unable to safely treat the public or has defrauded the public
- Being unable to practice nursing with a reasonable degree of skill and/or safety due to factors like substance abuse issues, mental health conditions, physical conditions, etc.
- Engaging in any conduct that may endanger public health
- Engaging in deliberate or negligent acts or omissions that indicate a nurse is unfit or incompetent, regardless of whether these acts or omissions result in patient injury
- While performing professional duties or services, defrauding or deceiving the public
- Engaging in unprofessional conduct that doesn't align with the standards of conduct for nurses in the state, regardless of whether said unprofessional conduct results in injury to patients
- In the course of one's practice, committing “acts of dishonesty, injustice, or immorality”
- Having a license be subject to disciplinary action in any other jurisdiction in the past
- Failing to reasonably respond to inquiries from the Board when it investigates any of these violations or related matters
- Violating any provisions of the article under which the Board has disciplinary authority
Don't worry if you're not sure you fully understand the reasons the Board is investigating you. Members of the Lento Law Firm Professional License Defense Team will gladly review your case and explain the allegations.
Forms of Disciplinary Action the North Carolina Board of Nursing Can Take Against a Nurse's License in the Piedmont Triad
The nature of the alleged violation, a nurse's past conduct, and various other factors can influence the types of disciplinary action the Board may consider in these types of cases. The NPA specifically authorizes the Board to take the following actions:
- Place on probation: Probation may or may not involve conditions. If yours does, our team will help you understand the probationary terms and conditions you may need to abide by.
- Impose limitations or conditions: The Board can discipline a nurse by placing limitations and conditions on their license as the Board sees fit. For example, the Board may only allow a nurse to practice under the supervision of others. Or, the Board might prohibit a nurse from performing certain tasks until they've completed training in these tasks. If a nurse struggles with a substance abuse issue, the Board can require them to undergo drug or alcohol testing as a condition of keeping their license.
- Accept voluntary surrender: A nurse may choose to voluntarily surrender their license to avoid a more in-depth Board investigation. However, voluntary surrender of one's nursing license is only the ideal option in specific circumstances. Our team will review your case and help you better determine whether this option is right for you.
- Publicly reprimand: The Board can issue a public reprimand that serves as a warning when a nurse has violated the NPA. Because any member of the public can access information about such a reprimand, even this relatively minor form of disciplinary action can nevertheless interfere with a nurse's ability to secure employment elsewhere.
- Issue public letters of concern: The Board may consider this form of disciplinary action if there is reason to be concerned about a nurse's alleged violations, but there isn't sufficient reason to limit their nursing license.
- Require treatment: As mentioned above, if a nurse is being disciplined because they appear to be unable to competently perform certain nursing tasks, the Board can require them to complete an educational/training course before removing restrictions on their license. Similarly, the Board can require a nurse with a substance abuse problem to satisfactorily complete treatment.
- Deny a license: The Board can refuse to issue a license to a prospective nurse. It can refuse to renew the license of a nurse already working in the Piedmont Triad.
- Suspension or revocation: In some cases, the Board determines it's necessary to suspend or revoke a nurse's license. During a suspension, a nurse may have to abide by certain conditions or satisfactorily fulfill certain requirements before the Board will lift the suspension. The law states the Board has the authority to determine when it's appropriate to relicense a nurse whose license has been suspended or revoked.
Whether you work for a major healthcare employer like Atrium Health Wake Forest Baptist Medical Center in Winston-Salem or you serve a smaller clinic in a Piedmont Triad suburb like Burlington or Thomasville, our Professional License Defense Team at the Lento Law Firm is prepared to handle your case when the Board is considering disciplinary action. During our initial review, we can also answer questions about the types of disciplinary action the Board may be most likely to lean toward based on the nature of your case.
What Does a North Carolina Board of Nursing Investigation Involve?
All cases are unique. If you're a Piedmont Triad nurse under investigation by the Board, to some extent, the individual details and circumstances of your case may influence how the Board conducts its investigation.
That said, per the Board's own information, an investigation will typically involve the following elements:
- Complaint: Coworkers, law enforcement officers, and virtually anyone else with information about a nurse who may have violated the NPA can submit a complaint to the Board. Parties have the option of submitting complaints anonymously. As long as they submit said complaints in good faith, the law shields them from civil liability. Alternatively, a nurse can self-report an issue (like an arrest or conviction) that may trigger a Board investigation. In cases where the law requires self-reporting an issue to the Board, acting fast is important. The Board may be more likely to consider harsh discipline if someone else has to file a complaint because a nurse failed to self-report a relevant matter.
- Evaluation: The Board doesn't investigate a case simply because someone filed a complaint. Upon receiving a complaint, members of the Board will evaluate it to determine if it has merit. The Board may choose not to act on a complaint if it appears a nurse didn't violate an applicable rule or statute or there is otherwise reason to suspect a complaint is lacking in substance.
- Investigation: The Board will assign an investigator to the case if it opts to proceed with an investigation. In most instances, the investigator will notify the nurse of the investigation. However, there are circumstances in which an investigator may determine that notifying a nurse would interfere with the investigation. Depending on the nature of the alleged misconduct, the Board may also notify law enforcement agencies. During an investigation, a Board representative will gather evidence in various capacities. For example, they may review documents, interview witnesses, and take similar investigative steps to gather information about a case.
- Interview or written statement: A nurse under Board investigation typically has the opportunity to respond to the charges against them. They may do so via an interview, written statement, or both. At the Lento Law Firm, attorneys with our Professional License Defense Team are available to represent you during an interview (and any other interactions you may have with investigators or Board members). We can also help you draft and submit a written statement that provides accurate and relevant information about your case without sharing the types of information that could negatively influence its outcome.
- Consent order or hearing: It's vital to understand that this type of case isn't the same as a criminal case. Because the processes differ substantially, any attorney representing you should primarily work with professionals whose licenses are on the line in North Carolina. That said, a consent order is relatively similar to a plea deal in a nursing license defense case, as it involves a nurse agreeing to admit to certain violations and to accept certain forms of disciplinary action. In some instances, agreeing to a consent order is the best course of action. Your attorney will help you weigh the pros and cons of this option by accounting for the details of your specific case. If you don't agree to a consent order, you may proceed to a hearing. It's very wise to allow your attorney to represent you throughout a hearing, as they can present your side of the story while guarding against errors that could harm your case.
The Board's own overview indicates there is no set timeline for how long an investigation can take. Some investigations only take a couple of weeks to complete, while others may last months. Factors such as how easy or difficult it is to track down witnesses can influence the timeline.
The Board may also reach out to you to request information or documents during its investigation. The Board may take additional disciplinary action against your nursing license if you fail to respond to these inquiries in a timely manner. That's not to say you should directly respond to them yourself. Your legal representative can handle this task on your behalf.
That's just one way our Professional License Defense Team at the Lento Law Firm can help nurses facing disciplinary action in North Carolina's Triad region. From High Point to Haw River, we're prepared to help nurses like you fight for their careers.
How Disciplinary Action Against a Nurse in the Piedmont Triad Can Affect Their Career in Other States
Like almost all state nursing boards, the Board in North Carolina participates in the interstate Nursys system. Theoretically, Nursys offers a useful service to nurses who wish to get licensed in multiple states. If a nurse is licensed in one Nursys state, getting licensed in another is often a relatively simple process.
However, boards that participate in Nursys also share information about disciplinary actions with one another. If you've been subject to disciplinary action in North Carolina, your Nursys records might limit your chances of securing employment or even getting licensed elsewhere.
That's yet another reason to take these matters seriously. At the Lento Law Firm, our Professional License Defense Team will approach your case with a deep appreciation for how its outcome can affect your future.
How the Lento Law Firm Professional License Defense Team Helps Nurses Who Need License Defense Services in the Piedmont Triad
The exact way we approach a case like yours will depend on its unique details. At the Lento Law Firm, attorneys with our Professional License Defense Team understand the importance of tailoring a defense strategy to the specific needs of each individual client. That said, general ways we can help include:
- Reviewing your case and answering any questions you may have
- Handling all correspondence with the Board
- Identifying weaknesses in the Board's case
- Gathering evidence that may strengthen your argument
- Handling procedural and administrative tasks, like submitting paperwork and documents to the Board
Those are just examples. If you're a nurse facing disciplinary action in North Carolina's Piedmont Triad, find out how we can help by calling us at 888-535-3686 or submitting your information online today.
