New Jersey has plenty to offer nursing professionals, from registered nurses to nurse practitioners. The state offers beaches, a solid education system, and easy access to New York City and Philadelphia.
As with most state boards, the New Jersey Board of Nursing (NJBON) maintains strict standards for professionals across the state. As a nurse, being aware of these regulations can help you safeguard your license.
Nursing regulations can be complex, so it's easy to find yourself facing disciplinary action. If you're a nursing professional in New Jersey with a license at risk, the Lento Law Firm Professional License Defense Team can help. Give us a call at 888-535-3686 or fill out our confidential online form, and we'll be in touch.
The New Jersey Board of Nursing
In New Jersey, the state board of nursing falls under the Division of Consumer Affairs. The NJBON processes licenses and responds to complaints. If you're a licensed professional in New Jersey, you could be subject to an investigation and disciplinary action if the board agrees with the incoming complaint.
The NJBON provides its statutes and regulations on its website, along with alerts to address current concerns. The primary document is the New Jersey Administrative Code, which outlines most of the regulations that will apply to you as a nurse in New Jersey.
New Jersey Regulations
Once you've been issued a New Jersey nursing license, you're obligated to follow the regulations as outlined in the Nurse Practice Act, or in the Licensee Duty to Cooperate document. Failure to comply with all regulations can lead to disciplinary action.
But following the code is only part of your responsibility. You're also obligated to report any violations of those regulations that you witness. In addition, you must report to the board as soon as possible if:
- You're medically or otherwise incapable of performing your duties in a way that protects public safety.
- You're indicted in a crime that adversely relates to your practice.
- You're named as a defendant in a case that alleges malpractice, negligence, or misconduct relating to your medical practice.
- You voluntarily surrender your license or are disciplined by any state or federal agency, board, or commission.
- You fail to renew any certification that's required to hold a nursing license in New Jersey.
Professional Misconduct in New Jersey
While there are many behaviors that can get a New Jersey nursing professional in hot water with the board, professional misconduct is one of the most sweeping. The NJBON works to uphold patient safety, which means nursing professionals must remain professional when dealing with patients.
Professional misconduct can refer to a variety of behaviors. In New Jersey, these include:
- Patient abandonment: If a nurse ends care for a patient without making arrangements for that care to continue, it can fall under New Jersey's definition of patient abandonment.
- Sexual misconduct: The New Jersey Code defines this as both sexual harassment and sexual relations with a patient.
- Document tampering: In New Jersey, destroying, altering, or falsifying documents is not just a way to get your license suspended. It's also a crime.
- Practicing outside of scope: The NJBON defines the scope of each nursing profession within the state. A licensed practical nurse (LPN) cannot prescribe medications, for instance. Tackling duties that fall outside the scope of your license can lead to disciplinary action.
- Patient abuse: Nurses cannot verbally or physically abuse patients.
- Violating boundaries: Nursing professionals are expected to respect the patient relationship. Borrowing money or having a personal relationship with patients can put a nurse's license at risk.
Every complaint is considered on a case-by-case basis, so if a complaint comes in, the board will engage in due process to decide whether a violation has occurred. This is where the Lento Law Firm Professional License Defense Team can help. We can look at the facts and argue your case with the board.
Substance Abuse and New Jersey Nurses
In any state, substance abuse puts a nurse's license in jeopardy. New Jersey encourages nursing professionals to report suspected substance abuse, and such reports will be taken seriously. But no matter how the substance abuse comes to light, the board will often work to remove the professional from the workplace and encourage treatment.
The good news is, the state has a recovery and monitoring program for nurses. The board will often refer nurses to this program as part of disciplinary action. But even before the board knows about the issue, any nurse with a substance abuse issue can reach out to a 24/7 hotline for confidential help at 1-800-662-0108.
Criminal Convictions and New Jersey Nurses
A criminal record does not automatically disqualify you for a New Jersey nursing license. The key is that you are upfront about your background. But even after you have your license, you'll need to report any arrest, including a DUI or DWI, to the board as soon as possible. Failure to report can lead to a license suspension.
Another option for New Jersey nurses is expungement. The state allows certain crimes to be expunged from resident records provided sufficient time has passed. This can be helpful to new nurses with criminal records who are concerned about the mandatory background check.
Crimes of Moral Turpitude and New Jersey Nurses
You don't need to be convicted of a felony to get on the wrong side of the NJBON. New Jersey Code offers the board discretion when it comes to crimes of moral turpitude committed by those holding licenses. This can be a vague area, but the legal definition of moral turpitude is “wicked, deviant behavior constituting an immoral, unethical, or unjust departure from ordinary social standards such that it would shock a community.”
Crimes of moral turpitude might include:
- Spousal or child abuse.
- Drug-related crimes.
- Fraud or embezzlement
- Failing to register as a sex offender.
The NJBON will look specifically at whether the crime of moral turpitude relates to your ability to safely practice your profession. The board considers a conviction, a plea of guilty, non vult, and nolo contendere as a conviction.
Continuing Education Requirements in New Jersey
Your education isn't complete once you've landed your New Jersey nursing license. You'll renew your license every two years, and at renewal, you'll need to prove that you've completed 30 hours of continuing education (CE) in order to renew.
Those hours must include:
- For registered nurses (RNs), LPNs, and advanced practice nurses (APNs): At least one credit hour on prescription opioid drugs, their risks, and alternatives.
- For RNs and APNs: One hour on organ and tissue donation and recovery. This is a one-time requirement, so you won't need it for subsequent renewals.
- For APNs: In addition to maintaining national certification, you'll need two credit hours on end-of-life care. If you're licensed to prescribe, you'll also have to include a one-time additional six hours in pharmacology related to controlled substances.
- For DEA-registered practitioners: Eight hours on treating and managing patients with opioid or other substance use disorders.
- For nurses who treat pregnant patients: At least one credit on implicit and explicit bias.
You'll also need to make sure you're taking those courses through an agency that has been accredited by the American Nurses Crediting Center (ANCC). Before taking a course, check the ANCC website to make sure it will count toward your licensing requirements.
Practicing Without a License
New Jersey residents must have a valid nursing license to practice nursing in the state. This applies to the initial license and the maintenance of that license. If your license is suspended or revoked, continuing to practice will put you in violation.
This extends to staying within the scope of your license. An LPN posing as an RN, for instance, would be seen as practicing without the required license. Practicing without the required license can result in fines as follows:
- $200 for each violation
- $500 for subsequent violations after conviction
This is one of the top areas where you're more likely to witness a violation and need to report it. Unfortunately, though, that means anyone can report you for practicing outside your scope. If you find that you're falsely accused, the Lento Law Firm Professional License Defense Team can help you prepare to state your case with the board.
Multistate Nursing and the NJBON
Your New Jersey license doesn't limit you to New Jersey. The state is part of something called the Nurse Licensure Compact, which allows you to apply for a multistate license. This will let you practice nursing in any of the 42 jurisdictions that are also part of the compact. If you want to work in Connecticut or Delaware, for instance, your multistate license will allow that.
But in order to get and maintain your multistate license, you'll need to:
- Hold a nursing license without disciplinary action attached to it.
- Submit to both state and federal background checks.
- Not have been convicted of a felony.
- Not be actively participating in an alternative to discipline program.
- Have no misdemeanors that are associated with your nursing practice.
How to Protect Your Nursing License
Getting a professional nursing license is hard work, so losing it can be disastrous. Not only will you be unable to practice in the profession you love, but it can harm your reputation and impact career opportunities that aren't even related to nursing. If a prospective employer asks why you're no longer practicing nursing, for instance, your honest answer could influence whether you land the job.
Fortunately, you can take some proactive measures to reduce your risk, including:
- Be upfront and honest: From the day you apply for your nursing license, you should make a concerted effort to disclose anything that could come up later. Dishonesty can hurt you as much as the issue itself.
- Know the regulations: Sometimes violations are simply a matter of ignorance. With so many pages of regulations, it can be tough to know the ins and outs of New Jersey law. Make sure you understand exactly what can get you in trouble with the board so that you can work to avoid it.
- Be polite and professional: This is probably a no-brainer, but professional misconduct can sometimes be subjective. Make every effort to be professional in all of your patient interactions.
- Communicate effectively: Some reports of misconduct come from simple miscommunication. Patients and/or family members may expect one outcome, only to feel misled when they get something different. Careful communication that covers all the bases can help reduce your risks.
- Be fastidious: To err is human, but even one mistake as a nurse can put your license at risk. Take extra care when charting and dispensing medications to keep errors to a minimum.
- Report errors immediately: If you do make a mistake, don't delay. Tell your supervisor about the error so that measures can be taken to prevent further damage. Trying to hide or cover up any mistakes will only hurt your case.
- Know your rights: Yes, nursing boards exist to protect the health and welfare of their state's residents. However, you have rights as a healthcare professional who has spent years building your credentials.
But what if you've taken every measure possible and still, you're facing discipline? That's where the right professional guidance can pay off. The Lento Law Firm Professional License Defense Team regularly works with nurses who've been falsely accused and can use that experience to help you mount a defense.
New Jersey Nurse License Defense
The New Jersey Board of Nursing receives and investigates reports of violations of the Nurse Practices Act. If you're under investigation by the NJBON, don't panic. The Lento Law Firm Professional License Defense Team can help. We work with medical professionals throughout New Jersey to protect their professional credentials.
If your New Jersey nursing license is at risk, you don't have to go through it alone. Our attorneys can take a look at your case and work with you to help you gather evidence and respond to communications from the board. Give us a call at 888-535-3686 or fill out our online form, and we'll be in touch.
