The North Dakota Nurse Practice Act (NPA) is the law granting the North Dakota Board of Nursing (or simply “the Board”) its various powers and responsibilities. Understanding the North Dakota NPA is critical for any nurse in the state. A violation of the NPA could result in a nurse facing Board disciplinary action.
Are you facing discipline by the Board because of an alleged violation of the North Dakota NPA? If so, our Professional License Defense Team at the Lento Law Firm is on hand to help you defend the career you've worked hard for. Learn more about our North Dakota nurse license defense services by submitting your information via our online contact form or calling our offices today at 888-535-3686.
The North Dakota Nurse Practice Act Establishes the Duties and Powers of the North Dakota Board of Nursing
Per the North Dakota NPA, the duties and powers of the Board are as follows:
- Enforcing the North Dakota NPA
- Adopting and enforcing administrative rules that allow the Board to properly enforce the North Dakota NPA
- Appointing a registered nurse as Board executive director and appointing other staff members as necessary
- Establishing fees and receiving funds for relevant Board purposes
- Collecting data pertaining to nursing education, practice, and resources, and analyzing said data accordingly
- When individuals require an accommodation to practice nursing, issuing or renewing limited licenses or registrations
- Conducting projects and supporting projects that involve funding assistance for nurses participating in educational programs
- Establishing a registry of individuals the Board has licensed or registered
- Submitting annual reports to the governor/nursing profession regarding the regulation of nursing in North Dakota
- Conducting and supporting projects related to nursing education and practice
- Licensing qualified applicants who apply for North Dakota nursing licenses
- Registering qualified applicants who apply for the unlicensed assistive person registry
- Adopting and enforcing rules meant to ensure the continuing competence of nurses and other such Board registrants
- Adopting and enforcing general rules for nursing practices
- Issuing statements regarding the proper interpretation of the North Dakota NPA
- Adopting and enforcing rules for an alternative discipline program, which is sometimes an alternative to disciplinary action when nurses struggle with substance abuse issues
The Board also has the authority to take disciplinary action against a nurse's license. Because a Board investigation is different from a criminal case in many ways, hiring a criminal defense lawyer in these circumstances isn't necessarily the wisest decision.
At the Lento Law Firm Professional License Defense Team, you'll find attorneys who specifically handle cases like yours. We understand how Board investigations differ from criminal cases, and we apply that knowledge to protect you against violations of your rights.
General Duties of Nurses Under the North Dakota Nurse Practice Act
Along with establishing the duties of the Board, the North Dakota NPA also establishes the duties that apply to anyone with a nursing license in North Dakota. These duties also apply to anyone registered as an unlicensed assistive person with the Board.
The North Dakota NPA states that all licensees (nurses) and registrants shall:
- Provide information the Board requests when renewing or reactivating a license
- Report to the Board any knowledge they may have of someone violating the terms of the North Dakota NPA or otherwise engaging in misconduct that could result in Board disciplinary action
- Report to the Board any settlement or other such judgment action in a malpractice case to which the nurse or registrant is a party
You should make your best effort to fulfill your duties as a nurse in North Dakota. However, there are potential scenarios in which you might struggle to do so properly, even if you have the best intentions.
For example, maybe a coworker engages in the type of misconduct that requires you to file a report with the Board if you're aware of it. The problem is being “aware” of misconduct isn't always black-and-white.
Maybe you failed to make a report to the Board because a coworker engaged in conduct that you ultimately decided didn't qualify as misconduct. Perhaps you're now facing disciplinary action because you made an understandable error in judgment, not wanting to report a coworker if doing so is unnecessary.
That's just one example of a situation where you might unexpectedly face Board disciplinary action against your license. At the Lento Law Firm, attorneys with our Professional License Defense Team can handle these types of cases when they arise.
Reasons the North Dakota Board of Nursing Can Discipline a Nurse Under the North Dakota Nurse Practice Act
The North Dakota NPA grants the Board the authority to take the following forms of disciplinary action against a nurse's license when they engage in prohibited misconduct:
- Denying a license
- Placing limitations on a license (such as prohibiting a nurse from performing certain tasks, requiring a nurse to practice only under supervision, etc.)
- Encumbering a license
- Suspending a license
- Revoking a license
Other forms of disciplinary action the Board may take don't necessarily have to involve significant limitations to a nurse's license. However, because a record of said disciplinary action will typically be attached to a nurse's file, being subject to any form of Board discipline can harm a nurse's reputation in a manner that may affect their employment opportunities.
Forms of misconduct that can lead to Board disciplinary action under the North Dakota NPA are:
- Being arrested for, convicted of, pleading guilty to, being charged with, or entering a plea of nolo contendere for any crime that relates adversely to the practice of nursing (although the law indicates the Board may not take disciplinary action if a nurse “has demonstrated sufficient rehabilitation”)
- Having one's nursing license subject to disciplinary action in any other jurisdiction
- Engaging in practices inconsistent with the standards for nurses throughout North Dakota
- Engaging in any form of fraud or deceit when obtaining a nursing license
- Engaging in an overall pattern of practice or behavior that could be indicative of professional misconduct
- Diverting equipment/supplies/drugs/controlled substances for personal or unauthorized use, or attempting to do so
- Practicing nursing without a current license, or assisting someone in practicing nursing without a current license
- Failing to report a violation of the North Dakota NPA or the Board's rules
- Failing to adhere to the standards/policies/directives of the Board
If you receive notice that the Board is considering disciplinary action against your license, be aware that you don't have to face a Board investigation alone. Attorneys with our Professional License Defense Team at the Lento Law Firm are available to provide representation throughout all stages of this process.
A Note on Rehabilitation for Past Offenses
As the above states, the Board can take disciplinary action against a nurse's license if they've been arrested for or convicted of a crime that adversely relates to the practice of nursing, assuming said nurse hasn't been properly rehabilitated. The law indicates the Board must consider the following factors when determining whether a nurse has demonstrated sufficient rehabilitation:
- The nature of the crime and the degree to which it has a direct bearing on the practice of nursing
- Any information the Board receives regarding the extent to which a nurse has been successfully rehabilitated
- How much time has elapsed since a conviction or release
Per the law, if five or more years have passed since a nurse fulfilled all the terms of a criminal conviction, the Board shall consider this to essentially indicate that a nurse has been rehabilitated.
Is the Board considering taking disciplinary action against your license for a past arrest or conviction? If so, the Lento Law Firm Professional License Defense Team can take your case. Depending on the circumstances, our defense may involve gathering evidence to show that you've undergone a proper rehabilitation and are fit to serve as a nurse in North Dakota.
Miscellaneous Provisions of the North Dakota Nurse Practice Act
The North Dakota NPA is a somewhat extensive law touching on various points. Some of them, such as points regarding the compensation of Board members, likely aren't relevant to an individual nurse.
However, there are other miscellaneous points worth covering, as they pertain to the duties of nurses—and potential limitations on the powers and privileges of nurses in the state.
Such points and provisions include:
- Providing nursing services in emergency situations: In an emergency situation, a nurse in North Dakota may provide nursing care at the scene, as long as they exercise their judgment and only provide care based on their sound professional assessment of the situation. A licensed nurse may “initiate any therapeutic measure” they deem necessary based on their professional judgment when offering nursing services at the scene of a disaster.
- Submitting to a criminal background check: A prospective nurse in North Dakota must submit to a statewide and nationwide criminal background check. Refusing to do so, or attempting to conceal information about one's criminal background, may warrant Board disciplinary action. Rather than attempt to conceal a past conviction or arrest, someone worried about a denial when applying for a new or renewed North Dakota nursing license may coordinate with legal professionals. Members of our team could help you gather evidence showing why past criminal issues shouldn't limit your ability or privilege to practice nursing in North Dakota going forward.
- Engaging in various forms of deceit: The North Dakota NPA also addresses specific forms of deceit, fraud, or misrepresentation that may qualify as class B misdemeanors in the state. For example, the North Dakota NPA states it's against the law for anyone to engage in fraud or cheating in regard to the nurse licensing examination. Similarly, the law prohibits practicing as any type of nurse in North Dakota with a forged license. Along with Board disciplinary action, violating the North Dakota NPA in this capacity can result in a nurse facing criminal penalties. This is because such laws are designed to protect the public from unsafe nursing practices.
- Appealing a Board decision: A nurse doesn't need to accept the Board's final decision when it decides to take disciplinary action against their license. A nurse in this situation may appeal the decision. Per the North Dakota NPA, a nurse should typically file an appeal with the district court of Burleigh County.
The Board should provide a nurse with more detailed information about filing an appeal when notifying them of its decision to take disciplinary action. Review this information carefully to ensure you meet the applicable deadline and follow all rules for appealing a decision.
This is another task we can assist you with. At the Lento Law Firm, our Professional License Defense Team's goal is often to help a nurse avoid being subject to disciplinary action in the first place. However, if the Board has already ruled against you in a case involving an alleged violation of the North Dakota NPA, we can help by filing an appeal on your behalf.
Get Help With a Case Involving an alleged Violation of the North Dakota Nurse Practice Act
If you're facing Board action due to an alleged violation of the North Dakota NPA, our team can assist you in the following ways:
- Reviewing the allegations and helping you thoroughly understand what you're accused of
- Representing you and handling all correspondence without the Board during an investigation
- Citing mitigating factors to demonstrate why the Board shouldn't take disciplinary action, or why any disciplinary action the Board takes should be reasonable
- Helping you avoid errors you might make if you were to work with the Board directly during an investigation
Those are merely general ways we can assist you. At the Lento Law Firm Professional License Defense Team, offering North Dakota nurse license defense services throughout the state, we believe in tailoring our approach to the individual needs of each and every client. The best way to learn more about what we can do for you if you've been accused of violating the North Dakota NPA is to call us at 888-535-3686 or submit your information via our online form so we can review your case and answer your questions.