What Happens if the Board Dismisses the Case?

Learning that your state’s nursing board has dismissed your case is almost certainly cause for celebration. Yet, as the champagne begins to flow, you might wonder: What, exactly, does this dismissal mean—for my current job, future nursing prospects, license, and even my quality of life?

If you have not yet had your case dismissed, you may want to know how to secure a dismissal. The LLF National Law Firm Professional License Defense Team counsels nurses in matters such as these. Whether you’ve already heard (or read) the ear-tickling phrase “case dismissed,” or you are still in the midst of a disciplinary proceeding, we can help.

Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online. Let us get you back to worry-free nursing without disciplinary proceedings looking over your head (and career).

What Does a “Dismissal” Mean (in the Context of Nursing Disciplinary Cases)

Though each state (and its respective nursing board) has its own definitions, procedures, and policies, having a nursing-specific disciplinary matter dismissed typically means:

• The allegation against the nurse (or the circumstances that led to the investigation) has been closed

• Unless new evidence emerges, the nursing board is unlikely to reopen disciplinary proceedings into the specific matter that has been dismissed (and may be legally prohibited from doing so, depending on state-specific statutes)

• The complaint against you, and the details of the investigation, may remain confidential (while each state has its own policies on private and public records, the Ohio Board of Nursing is one of many that keep complaints and investigations confidential)

• You probably don’t need to take any further action related to the complaint unless your state nursing board instructs you otherwise

• The allegation against you is unlikely to be reported to Nursys, the National Practitioner Data Bank (NPDB), or any other national database

And, importantly, a dismissal means that you will not face formal discipline for the disciplinary concern that has been dismissed—unless the case is adjudicated in the future.

Know the Difference Between Dismissal and Non-Disciplinary Action

We want to clear up one common misunderstanding: Dismissal and non-disciplinary action are not the same thing. We just explained what a dismissal is. A non-disciplinary action, on the other hand:

• Generally means that the nursing board determined the nurse did do something wrong

• Suggests that the severity of the nurse’s misconduct did not warrant formal discipline

• May or may not appear on public records (possibly including state-level and national databases)

Non-disciplinary action is preferable to disciplinary action, but a dismissal is preferable to non-disciplinary action.

What Doesn’t a “Dismissal” Necessarily Mean?

Before we move forward, we want to reiterate that having your disciplinary case dismissed is undeniably a win, ; it doesn’t necessarily mean game, set, match. “Dismissed” does not always mean “checkmate” in the nurse’s favor.

While this matter might be closed, we must add the critical caveat: For now. A dismissal of your disciplinary matter by a single nursing board does not necessarily mean:

• The matter can never be reopened (in Florida, for instance, a probable cause panel can “continue the investigation and prosecution of the case as it deems necessary.”)

• You won’t face questions about the allegation(s) that initiated the disciplinary process—if the record of the complaint or investigation remains public, you may face uncomfortable questions from prospective employers and other parties

• Another state’s nursing board will also choose to dismiss the matter (when nurses have multistate licensure privilege, they could face adjudication from multiple states’ nursing boards for the same complaint)

A dismissal is not necessarily the tombstone on this professional matter. New evidence or other circumstances might reopen the case like a shoddily-stitched wound. If you practice in multiple states, another state’s nursing board might open its own investigation (and possibly rule against you).

Celebrate the dismissal, but don’t throw caution to the wind. Should this matter rear its head in the future—whether in the state that just dismissed the matter or another—you should be ready to strap the gloves back on and fight again.

Multistate Licensure Can Mean Multiple Disciplinary Proceedings (Even for the Same Complaint)

While a nurse’s ability to practice in multiple states can open lucrative and fulfilling professional doors, it also exposes that nurse to disciplinary liability.

Arizona statutes explain that “For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state.” In other words, just because one state dismisses your case does not mean you are immune from discipline imposed by another state’s nursing board.

The Nurse Licensure Compact has made it easier for qualified nurses to practice in both their home state and remote states. If you hold a multistate license, brace yourself for the possibility that multiple states may adjudicate the same complaint against you, with one or more of them possibly sanctioning you rather than dismissing it.

You Now Know What a Dismissal Is (and Isn’t). Here Are a Few Key Points to Absorb.

Now that you better understand what “dismissal” means (and does not mean) in the context of nurse discipline, here are the most important takeaways:

• You can breathe a bit easier knowing that the matter is closed

• Even so, your state’s regulators may be able to reopen the matter as they see fit, so you may not be out of the woods just yet

• The nursing board in another state you practice in could also elect to pursue discipline against you for the same matter

• Engage the LLF National Law Firm Professional License Defense Team so we can provide you with a roadmap for protecting yourself going forward (a map that steers you well clear of obvious professional hazards)

We are not trying to rain on the parade that commences after you find out a threatening disciplinary proceeding has been dismissed. We simply want to make sure you are not caught by surprise should the complaint be reopened or pursued by another state’s nursing board

Why Nurses Need to Know What Happens Once the Board Dismisses Their Disciplinary Case

A complaint is an unnerving, career-threatening revelation that most nurses are caught completely off guard by. Even once the complaint is dismissed, most nurses need answers and assurance before they can move forward.

Some of the most common (and understandable) answers that nurses need in the aftermath of a disciplinary dismissal are:

Is a Dismissed Disciplinary Matter Going to Prevent Me From Getting Jobs in the Future?

Only time will tell. The good news is that you are far less likely to lose jobs or be passed over for promotions if your case is dismissed than if you had been formally disciplined.

Some considerations on this topic are:

• Whether your state’s nursing board maintains public records of complaints that have been dismissed

• Whether prospective employers (or current employers considering a promotion) check such records when evaluating you

• Whether any prospective or current employers assign negative weight to the details of the complaint (considering that it was dismissed, they may pay it no mind)

• How you conduct yourself in any interviews in which the topic of the complaint arises

The dismissal of the complaint is a feather in your cap. Don’t lose sleep worrying that the dismissed complaint will weigh down your professional ambitions.

Will Friends, Family, Patients, Colleagues, or Other Members of the Public Be Able to See the Details of the Dismissed Case?

Nurses care about professional opportunities, but they also care about their reputation with their family, social circle, and the general public. Whether or not these parties can see records of the complaint and its adjudication will depend on your state nursing board’s confidentiality policies.

Do I Need to Report This Disciplinary Matter When I Am Renewing My Nursing License or Seeking a New Nursing Credential?

This is another case-by-case question, as you may or may not need to report a dismissed disciplinary matter based on:

1. Whether the renewal or credential application asks specifically about dismissed cases

2. Your state nursing board’s unique rules (and state laws) about disclosure of such matters

3. The rules and laws in any other state in which you are seeking a nursing credential

The Texas Board of Nursing, for example, asks nurses seeking to renew their licenses, “Do you have an investigation or complaint pending on a nursing license or a privilege to practice in any state, country, or province?”

Faced with this question, you would be reasonable in responding “no,” as your case is dismissed, not pending.

If you have any other questions, do not wait to reach out to the LLF National Law Firm. Our Professional License Defense Team is eager to answer your questions.

How Does a Nursing Board Decide Whether to Dismiss a Case?

Each state nursing board has its own adjudication procedures, and those procedures can eventually lead to the dismissal of a case. Here are a couple of relevant examples:

• Florida uses a probable cause standard to determine if nurses have committed infractions that warrant formal discipline—if such probable cause is absent, the case should be dismissed

• In Ohio, the Board of Nursing votes by quorum whether to impose sanctions or dismiss a complaint based on insufficient evidence of a violation

Though each state and nursing board operates according to its own laws and procedures, the adjudication process usually involves an investigation (including a conversation with the accused nurse). Such investigations may not yield sufficient evidence to proceed with the case, in which case the case may be dismissed.

Adjudication processes often include hearings, after which the case might also be dismissed.

Nurses accused of wrongdoing may also have the chance to accept responsibility, especially if the nursing board believes they committed the offense. The possibility that the case would instead be dismissed is one of several reasons never to accept discipline without first speaking with the LLF National Law Firm Professional License Defense Team.

Some Common Reasons for Dismissal

There are several reasons why a nursing board may dismiss a complaint against a nurse, including:

• No jurisdiction by the nursing board over the matter in question

• Withdrawal of the complaint by the complainant (though nursing boards often have the ability to continue with adjudication)

• The discovery of malice or other ulterior motives by the complainant

• Expiration of the statute of limitations for adjudicating the complaint

• Insufficient evidence that the nurse committed the alleged violation

• Contradictory evidence that makes it impossible to sanction the nurse in good conscience 

If the nurse clearly did not commit the infraction they are accused of, or their guilt for the infraction is in significant doubt, these are the primary reasons why a complaint may be dismissed.

My Case Was Recently Dismissed. What Should I Do Now?

If your case was recently dismissed, congratulations. As we discussed previously, though, you can still face risks in the aftermath of a dismissal.

You should not wait to speak with our Professional License Defense Team, as we can:

• Evaluate the circumstances of your dismissal and inform you of any considerations you should be aware of

• Help you get formal documentation of your dismissal

• Find out if the record of the complaint will be public or confidential

• Provide you with a plan  for what you may need to disclose (or not disclose) when renewing your license and seeking new credentials in the future

• Help you in any other way we can

If you are in the midst of a disciplinary matter, it is just as important to speak with us. If your license and reputation are threatened by an accusation of wrongdoing, we are the team you want fighting for your nursing career.

Our Professional License Defense Team has helped many nurses avoid headaches and material harm to their careers. Whether your case has been dismissed or you face an active professional threat, do not hesitate to contact us. Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online.