What Happens if I Fail to Report Another Nurse’s Misconduct?

Nurses interact with the public on a daily basis in a variety of settings. Patients trust you with their lives and safety. Subsequently, nursing comes with a great deal of responsibility that can extend beyond your own actions. You may be duty-bound by your state nursing board to report the actions of other nurses.

Yes, you may face discipline for failing to report another nurse’s misconduct. Ultimately, this depends on whether your state mandates it in their Nurse Practice Act, the severity and extent of the misconduct, and whether you have reasonable cause to report that nurse. Failure to report misconduct or incapacity often results in fines and other sanctions from the state nursing board, depending on the extent of actual harm caused. While it would be incredibly rare to face criminal charges or revocation of your nursing license for failure to report another nurse’s misconduct, it can create a disciplinary record that you do not want to follow you to other jobs and states.

You worked incredibly hard to build your nursing career, and sanctions for failure to report misconduct can create problems if you plan to move or change jobs. State nursing boards do not presume your innocence if they deem that you had reasonable cause to suspect misconduct but failed to report it. The LLF National Law Firm advocates for nurses nationwide. Our experienced Professional License Defense Team represents nurses facing potential disciplinary action, and we can represent you even if you have a complex case. Call us at 888-535-3686 or fill out our online intake form to tell us about your case.

What Types of Nursing Misconduct Are You Likely to Witness in the Workplace?

Every workplace has issues. Some people’s priorities and communication styles clash with those of their co-workers, and it can cause a minor problem to erupt into a toxic and even unsafe workplace culture. But just because your co-worker lied to you about their availability because they wanted to go out with friends instead of the family emergency they told you about, it doesn’t necessarily mean they committed misconduct.

Misconduct in nursing generally refers to witnessing or suspecting actions that affect the public, some of which your state nursing board may specifically outline, such as:

• Medical neglect of a patient
• Violent behavior towards patients, their families, and other staff
• Medication diversion
• Theft of controlled substances
• Sexual abuse of a patient
• Inappropriate consensual sexual relationships with patients
• Receiving sizable and/or inappropriate gifts from patients, insurance representatives, or other parties
• Comments directed at a patient that can be construed as intimidating, offensive, sexually inappropriate, etc.
• Hateful conduct or spreading misinformation on social media

Depending on where you practice, your state nursing board may also mandate that you report nurses for incapacity to practice. These observations would include:

• Clear signs of substance use to the point that it affects the nurse’s ability to care for patients
• Nurse routinely do not demonstrate basic competence that one would expect of their experience level

While these lists are not exhaustive, they provide a basic idea of what most state nursing boards consider your duty to report. The conduct may not necessarily violate a statute or regulation, but it puts public safety in jeopardy.

Depending on the severity of their conduct and the context of your failure to report it, you may be in violation of your state nursing board’s regulations or Nurse Practice Act. The LLF National Law Firm’s Professional License Defense Team can build a defense tailored to your situation and the norms for your state nursing board concerning failure to report misconduct.

State Nurse Practice Acts and Other Guidelines

Every state has a Nurse Practice Act and a nursing board. This type of law is generally referred to as a Nurse Practice Act, but your state may call it a different name, like Nursing Statutes or Standards of Nursing Practice.

While systems like the National Nurse Licensure Compact aim to make U.S. nursing licenses more portable than they historically have been, you are generally held to the standards of the state-level Nurse Practice Act where the accusation took place. Travel nurses and nurses who regularly practice across state lines need to be particularly mindful of this. Depending on the rules of the state nursing board in which you received your original nursing license, you may face administrative inquiries from this board.

Your state’s Nurse Practice Act may have very clear statutes outlining timeframes and types of misconduct or incapability in which you have a duty to report. If you practice in a state where the Nurse Practice Act requires you to report other nurses, the state law may specifically outline the extent, timeline, and other criteria. It may also be vague.

If your state nursing board opens a case, they may question your knowledge of the misconduct or incapability and how long you were aware. This can determine the severity of any disciplinary actions, including any legal violations if state laws were violated as a result of failure to report.

Board sanctions and legal violations at the state and federal levels aside, failure to report misconduct may also violate the code of conduct for any nursing societies and professional organizations you belong to. These organizations may suspend your membership while you are under investigation or sanctions.

Notable State Nursing Board Policies on Failure to Report Misconduct

Massachusetts

Massachusetts is a state where nurses have a duty to report other nurses to the state nursing board if they directly observe patient abuse, diversion of controlled substances, or severe impairment caused by substance abuse.

Texas

Texas nurses are subject to mandatory reporting if they have reasonable cause to suspect that another nurse engages in misconduct or is unable to perform their nursing duties due to chemical dependency. Notably, since Texas nurses are obligated under state law to report these suspicions or observations, it is against state law for employers to terminate or discipline nurses who honor this duty. However, Texas nurses also have the option to report misconduct or incapability to nursing peer review committees if they fear retaliation by going directly to the board.

How Nurses Can Prepare for Board Inquiries for Failure to Report Misconduct

Depending on the breadth, timeline, and severity of the situation, the likelihood varies of whether you will hear from the state nursing board regarding a colleague’s activities. Suspicions of a co-worker’s deeds can be proven wrong, while hard proof and testimony of continued observation are taken more seriously by the board.

If you work for a large employer where misconduct can be easier to conceal, and were genuinely unaware of any illicit activity, you may have little or no contact with the board at all. A board representative or independent investigator may have questions for you if your colleague is under investigation, since it is their job to interview the subject’s co-workers. But if you work for a small employer with very few parties to interview, or you ignored grievous misconduct that you personally witnessed, you are more likely to face a board inquiry as the subject.

If you suspect that a colleague is unfit to practice or is committing misconduct, and that you may face a board inquiry for failing to act, here are the actionable steps you should take.

• Arrange representation as early as possible. Every misconduct situation is different, and not all states require that you report other nurses. You may still have time to report your observations or suspicions to the state nursing board or nursing peer committee. Before you do so, it’s best to arrange legal representation as early as possible. You may face retaliation, even if state law protects your job. Contact the LLF National Law Firm right away so we can advise you whether you should report to the board or wait, and we can assist you with any responses or inquiries. If you are facing disciplinary action, the Professional License Defense Team will be most effective in advocating for you early in the process.
• Thoroughly examine your state’s Nurse Practice Act, employer policies, and board regulations. Since not all state laws and nursing board regulations mandate that nurses have a duty to report other nurses, you may not run afoul of any laws. However, if you are subject to other guidelines like employer policies and nursing union rulebooks, you may have broken their rules but are in compliance with the state nursing board. Nursing board regulations can also be vague and may not have explicit timelines or criteria for conduct that is reportable, and how long you have from your first observation or suspicion.
• Gather proof that you had no reason to suspect your colleague, or that you feared retaliation. You may have no knowledge that the misconduct occurred, but are inadvertently under board inquiry simply for being in the wrong place at the wrong time. If you were aware of your colleague’s activities, did you not report it because you were afraid of retaliation from your employer, union, or the co-worker? Nurses may avoid reporting misconduct out of fear of job loss, physical harm, reputational harm, and other forms of retaliation. Since nursing boards and investigators do not presume your innocence, you should gather as much evidence as possible about your workplace culture and environment, personal situation, and other relevant items so the LLF National Law Firm can build your defense accordingly.
• Stay calm and professional. It is reasonable to be angry and afraid right now. Emotions are running high because your career is on the line. Despite this, it’s crucial to remain calm and professional in your interactions with the nursing board, your employer, and any other parties involved in the investigation.

How the Professional License Defense Team Will Strive to Protect Your Nursing Career

If you practice in a state where it is a legal violation for failure to report another nurse’s misconduct, you may be the subject of your own investigation.

Here’s how the LLF National Law Firm’s Professional License Defense Team will advocate for you before any state nursing board:

• Initial Complaint: The party who feels you failed your duty to report will file a complaint. It may be a supervisor or another co-worker, or the investigator handling your colleague’s investigation. Depending on state laws and how your specific nursing board handles complaints, you may receive several details, including who filed it. Regardless of how much information you receive, you should contact the LLF National Law Firm right away. There is a chance the board will dismiss the complaint, but arranging a defense in advance improves your chances of a better outcome if an investigation opens.
• Nursing Board Correspondence: In most states, it constitutes unprofessional conduct if you do not respond to board correspondence within 15-30 days. Regardless of the complaint’s nature and status, you risk further sanctions. If you are unsure how to respond to the board, the Professional License Defense Team can help with an effective written appeal. Depending on the nature and severity of the accusation, the board may dismiss the complaint after your response. They may also dismiss the complaint after an investigation concludes that no violations occurred.
• Stipulated Agreements: If the complaint escalates to an investigation, and the complaint is not dismissed afterwards, you will have a more complex case. Complex, unprofessional conduct cases like this can lead to disciplinary hearings, where the Professional License Defense Team can negotiate a stipulated agreement. Stipulated agreements are the professional licensing board equivalent of out-of-court settlements, where we will negotiate the terms of your agreement and how to proceed with your nursing license intact. Stipulated agreements may include probation or temporary suspension with remedial education, rehabilitative treatment, counseling, or other remedies, depending on the nature of the case. This is a form of lesser sanctions than what the board originally had in mind.
• Adjudication: Most disciplinary proceedings for nurses remain at the board level and do not make it to a courtroom. However, if there are legal violations, such as violations of state and federal privacy laws or severe Nurse Practice Act violations, you will face a formal hearing before an administrative law judge. We can represent you at this hearing and negotiate for lesser charges.

The LLF National Law Firm’s Professional License Defense Team provides comprehensive representation at every step of the disciplinary process, from written responses to the initial complaint to adjudication if your case cannot be resolved at the board level.

Healthcare settings are a highly litigious environment that can be rife with ethical challenges. Nurses may feel compelled to act in the public’s best interests while maintaining solidarity with other nurses, but fear retaliation no matter what decision they make. Having legal representation experienced in the nuances of nursing board ethics and statutes offers peace of mind.

The LLF National Law Firm is ready to advocate for our nation’s hard-working nurses and achieve the best outcome possible for your case. Call us today at 888-535-3686 or reach out via our online contact form.