The South Hampton Roads area of Virginia and North Carolina is a booming area for nurses, with the VCU Health System and Bon Secours offering plenty of well-paying jobs. This area crosses state lines, so nursing professionals will hold a license in either North Carolina or Virginia, depending on their state of residence.

If you live in Coastal Virginia, protecting your license is the top priority. The Lento Law Firm Professional License Defense Team has extensive experience with nurse license defense and can help. If your nursing license is at risk, contact us at 888-535-3686 or give us a few details about your situation using our online form.

Licensing in the Southside

Whether you live in Virginia Beach, Chesapeake, Norfolk, or Portsmouth, you'll go through either the Virginia Board of Nursing (VBON) or the North Carolina Board of Nursing (NCBON) to obtain and renew your license. While each board has its own licensing requirements and regulations, they both work to keep patients safe and uphold the integrity of the nursing profession.

The VBON includes a 14-member board and a five-member massage therapy board, as well as staff to handle the day-to-day processing of licenses and continuing education regulation. The NCBON also has a 14-member board, along with a staff to manage processing and regulating licenses.

Applying and Renewing Your License

To apply for a license in the Hampton Roads area, you'll need to complete an online application and submit it to a fingerprint-based criminal background check. You'll also have to prove successful completion of the NCLEX.

Before applying, you should take the time to review the laws and regulations governing all licensed professionals in your state. Both VBON's laws and regulations and North Carolina's laws and rules are available online.

Common Issues Nurses Face in the Virginia Beach Area

With profound statewide shortages, registered nurses, in particular, can easily find work in the Virginia Beach area. But first, you'll need to get past the licensing hurdles.

Conduct-related allegations: The VBON and NCBON investigate complaints of fraud, unprofessional behavior, substance abuse, and other activities that might put patient safety at risk.
Administrative issues: Getting and keeping your nursing license requires understanding the application and renewal requirements. Missing a deadline, accidentally omitting or misstating information, and failing to complete continuing education (CE) requirements can get in the way of maintaining a nursing license in Virginia or North Carolina.
Bureaucratic challenges: Both boards' licensing processes are outlined in pages of regulations and laws. Navigating it all can be challenging for a professional in the state. But it's important to be on top of everything to avoid delays, fines, and/or disciplinary action.
Geographic challenges: For those who cross state lines to practice, you'll either need a multistate license or a license for both states.

Common Licensing Issues in Virginia

Whether you live in Suffolk, Virginia Beach, or Smithfield, nurses practicing in the Hampton Roads area are bound by Virginia's regulations. You can have your license suspended, revoked, or denied for any of the following behaviors:

Fraudulently obtaining a license
Engaging in unprofessional conduct
Being convicted of any felony or misdemeanor falling under the classification of moral turpitude
Practicing in a way that puts members of the public at risk
Using alcohol or drugs in a manner that makes you unsafe to practice
Possessing a mental or physical illness that interferes with your ability to safely practice
Having a license denied, revoked, or suspended in another state

Common Licensing Issues in North Carolina

If you live on the North Carolina side of Currituck County, the list of issues that can put your license in jeopardy is similar. It includes:

Knowingly providing false information to the licensing board
Pleading guilty or nolo contendere to a crime that relates to the practice of nursing
Lacking the ability to practice nursing due to mental illness, substance abuse, or any other physical or mental abnormality
Conducting yourself in a manner that endangers public health
Engaging in deliberate or negligent acts while practicing nursing
Deceiving or defrauding the public while practicing nursing
Engaging in unprofessional conduct
Having a license or privilege revoked or restricted in any jurisdiction
Failing to respond to the board in a timely manner

Nursing Compact Requirements for Virginia Beach

Those who live in Virginia Beach, Suffolk, Chesapeake, and the surrounding areas have the valuable opportunity to cross state lines to practice nursing. But to have that flexibility, you'll want to apply for a multistate license.

To apply, you'll need to hold an active, unencumbered license in a compact state. Both Virginia and North Carolina qualify. Then, you'll visit the Nurse Licensure Compact website and choose your state from the drop-down menu. This will take you to the Virginia or North Carolina multistate licensing page.

Complaint Investigations for Virginia Beach Nurses

The VBON accepts complaints on nurses through its website, and those complaints are processed and investigated by the VBON's enforcement division. The role of the enforcement division is to gather supporting evidence and deliver it to the board, which reviews the information and makes a decision about disciplinary action.

North Carolina nurses will enjoy a similar complaint process. A member of the public can file a complaint online, at which point it's assigned to an individual investigator. That individual will notify you of the investigation while at the same time beginning to collect evidence by interviewing witnesses and reviewing documents.

Sanctions for Hampton Roads Nursing Professionals

Whether you're in Virginia or North Carolina, disciplinary action will vary in degree, depending on the severity of the violation. However, these steps differ slightly from state to state. Hampton Roads nurses who live in Virginia will face the following series of sanctions:

Dismissal: In some cases, the board looks through the facts and decides insufficient evidence is present to order disciplinary action. The board may even review the evidence and exonerate the licensee. In that case, the complaint is dismissed entirely, and the licensee's record will remain clean.
Consent agreement: If your alleged misconduct was minor, this agreement can be issued in lieu of discipline.
Consent order: You'll agree to settle the case without a formal hearing. This becomes part of the public record.
Reprimand: Also part of the public record, this post-hearing disciplinary action will allow you to keep your license and avoid fines in exchange for a warning.
Monetary penalty: The board may impose a fine as a disciplinary action, with the funds going to the State Literary Fund.
Terms and conditions: The board can place conditions on your license, such as probation or education requirements. If you suffer from substance abuse dependencies or mental disabilities, the board may refer you to the Health Practitioners' Monitoring Program.
Limitations: You may be allowed to keep your license but with certain privileges limited or revoked.
Suspension: With more severe infractions, the board will often temporarily suspend a professional's license.
Revocation: Even more severe infractions can result in a practitioner's license being permanently revoked.

North Carolina professionals face a similar progression of disciplinary actions, including:

Dismissal: If the board can't find enough evidence of a violation, the case will be dismissed.
Letter of concern: This is the NCBON's version of a warning. The board issues it when they find cause for concern but no concrete evidence that a violation has taken place.
Non-disciplinary consent order: If you acknowledge the violation but the board finds you can practice without endangering the public, this educational remedy is designed to give professionals a chance to move forward with a clean record.
Reprimand: This is a formal written notice that remains on the professional's record.
Monitoring: For professionals with substance use disorders, the NCBON offers two monitoring programs. One allows the nurse to get help without it being disclosed to the public, while the other is a disciplinary measure that is posted on the licensure verification system.
Probation: Some nurses are allowed to retain their licenses with restrictions. This restriction may be either probation or being monitored.
Suspension: This is the most severe disciplinary action, with the nurse being removed from practice.

Consequences of Virginia Beach License Suspension

Disciplinary action for nurses in Virginia Beach, Chesapeake, and surrounding areas can have a direct impact on your career. It starts with the stress that comes with knowing you're under investigation. Even if a complaint results in the case being dismissed, knowing an investigation is underway can be both stressful and distracting.

If the investigation results in disciplinary action that goes on your permanent record, this information can hurt your career for decades. If you're in Virginia, any disciplinary actions against you will be publicly available on the VBON website, and the same goes for NCBON licensees, whose information will be available through a simple website search.

Stating Your Case in Virginia Beach

Decisions about your license won't be made without you being able to tell your side of the story. Hearings give you an opportunity to state your side of the story, including providing documentation that could convince the board that you aren't guilty of the allegations in the complaint.

For Virginia Beach-area residents in Virginia, these opportunities will present themselves in the form of a Notice of Information Conference or Notice of Formal Hearing. While attendance at these types of hearings isn't mandatory, it's your best chance to tell your side, so it's important to not only attend but to be well prepared.

Those in Currituck County, North Carolina, will need to request a hearing in front of the board. The NCBON has two types of hearings. You'll likely start with an informal option called a Settlement Committee. If you can come to an agreement at this hearing, you'll be charged a $300 fee, but if not, you'll be referred to an Administrative Hearing, at which point you'll pay the $300 fee and go through a more formal process.

Appealing a VBON Licensing Decision

In Virginia, appeals depend on the type of hearing. Decisions made at informal hearings don't go into effect until 33 days following the date the order is signed and entered. During those 33 days, you can appeal the decision. If you request an appeal, you'll go in front of the board for a formal hearing. If the original decision was made in front of a special committee, a ruling to overturn that decision means it will never go into effect. However, if the original decision was made by an agency subordinate, the appeal will automatically overturn that decision and you'll go in front of the board for a formal hearing.

On the other hand, if the original decision was made at a formal hearing, that decision is final. The only way to appeal is to go up the line to the circuit court. The final order will have directions on appealing the decision, including deadlines. You'll need to make sure all paperwork is properly filed with the circuit court following the Rules of the Supreme Court of Virginia.

Appealing an NCBON Licensing Decision

For Currituck County, North Carolina nurses, appeals must be requested within 30 days of the board decision. You'll file the request through the secretary of the nursing board, and that request should detail the exceptions you take to the decision. You'll need to specify which superior court should review the decision.

In North Carolina, the review can take up to six months. Unfortunately, any sanctions imposed by the board will remain in place during this time. It's important to comply with the disciplinary order to avoid further jeopardizing your future nursing career.

Defending Your License in Virginia Beach

Coastal Virginia is a beautiful place to live, work, and play. But when your career is at risk, it's hard to feel at peace. Whether you live in Virginia Beach, Suffolk, Chesapeake, or any of the other cities that make up the area, defending your license will work the same. When a complaint is lodged against your license, the best thing you can do is consult the attorneys at the Lento Law Firm.

The Lento Law Firm Professional Defense Team is familiar with board processes in both Virginia and North Carolina. From the time you receive your first notice, we can help by advising you on what to expect, crafting responses to board communications, and gathering information to present to the board. Give us a call at 888-535-3686 or complete our confidential online form, and we'll be in touch.

Nurse License Defense in Virginia Beach: Protecting Your Career and Reputation