As a licensed nurse, being accused of professional misconduct carries significant risks to your career--even extending beyond the possibility of disciplinary actions imposed by your state's Board of Nursing. Not only could such actions result in losing your license in a specific state--they could also jeopardize your ability to work anywhere across the country. The reason? Any negative actions your Board of Nursing takes against you are required to be reported to the National Practitioner Data Bank (NPDB). This national database is designed to enhance patient safety and shield the public from healthcare providers who might present risks--but it also makes it more difficult for nurses to resume their careers after a mistake.
If you have faced disciplinary measures for misconduct or any other actions by a licensing board, this information is likely recorded in this database. The NPDB collects reports on various adverse actions, including malpractice settlements, licensing issues, clinical privileges reductions, and more. State licensing boards, hospitals, and healthcare organizations all use this data to evaluate and investigate healthcare providers they might consider licensing or hiring, including nurses.
A negative entry in the NPDB can significantly impact your career and professional reputation. It can affect your ability to obtain a license in other states, secure malpractice insurance, or gain employment in certain healthcare settings. This is why it's so important to hire an experienced professional licensed defense attorney at the first indication of possible disciplinary action. The Professional License Defense Team at the Lento Law Firm has extensive experience in representing nurses facing disciplinary challenges. Not only can we help mitigate the risks associated with adverse actions taken against your license, but we can also help you address inaccuracies in NPDB reports to minimize the damage to your professional reputation and your future prospects. For a consultation, contact the Lento Law Firm at 888-535-3686 or use our online form.
What is the NPDB?
The establishment of the NPDB was a result of the Health Care Quality Improvement Act of 1986. This legislation responded to growing public concerns about the competency of healthcare practitioners and the need for a system to prevent practitioners with poor performance histories from relocating without accountability. The NPDB was conceived as a centralized resource to enhance healthcare standards and accountability. Officially launched in September 1990, it is managed by the U.S. Department of Health and Human Services.
How the NPDB Works
Hospitals, healthcare organizations, professional societies, medical malpractice insurers, and state licensing boards are among the entities required to report adverse actions to the NPDB. It is not a matter of discretion or choice; these entities are legally obligated to report specific actions within 30 days of the final decision. This reality underscores the importance of resolving issues with your state licensing board before any disciplinary actions are enforced.
Actions that must be reported include medical malpractice settlements, changes in clinical privileges, professional society membership modifications, licensing actions by Nursing Boards, DEA sanctions, exclusion from federal programs like Medicare and Medicaid, and other adjudicated decisions. The rules for reporting are complex and may vary based on the type of action and the responsible entity.
Is the Information in the NPDB Public?
No. The NPDB is not a public database. Although it contains extensive data, access to this information is tightly regulated. Only registered and eligible entities can query the database. Practitioners can view their own records but cannot access information about others.
What Happens When an Entity Reports an Adverse Action to the NPDB
When a report is filed about you, the NPDB is required by law to notify you via mail. This notification includes a report number and a temporary password, which you can use to log into the data bank and examine the report.
How a Negative NPDB Report Can Impact Your Career
A report in the NPDB can profoundly affect your professional journey. Once an entry is made into the NPDB, it becomes a permanent part of your record in the databank. Hospitals, boards of nursing, insurers, and other healthcare organizations access this information when making decisions about things like licensing, clinical privileges, and employment, potentially impacting your career in several ways.
Denial of Employment
Healthcare employers often use the NPDB to vet potential employees, and a record of misconduct can hinder job prospects. Employers may be reluctant to hire individuals with a history of disciplinary issues, malpractice settlements, or other negative actions.
Loss of Clinical Privileges
Your clinical privileges at a healthcare facility could be jeopardized by a negative NPDB report, possibly leading to suspension or revocation of these privileges. This can be particularly damaging if your primary practice is at that facility.
Denial of Professional Licensure or Practice Restriction
State nursing boards frequently query the NPDB when reviewing licensing applications. For example, if your nursing license was revoked in one state and you apply for licensure in another, that state's Board of Nursing can see the revocation entry and may deny your application. Even lesser sanctions like reprimands or probation might incentivize the board to impose strict conditions on any new license granted.
Denied Entry into Professional Associations
Professional associations, which can boost your credibility and career prospects, also have access to the NPDB when evaluating membership applications. Adverse reports may prevent these organizations from granting you membership, limiting your ability to network and advance professionally.
Can a Negative Report on the NPDB Affect My Ability to Get Malpractice Insurance?
No, it cannot. Although malpractice insurers must report payments to the NPDB, they are not allowed to access the database when evaluating you for coverage as an insured nurse.
Can I Access My NPDB Report?
Yes. As a nurse, you are entitled to perform a self-query of the NPDB to review your records at any time. It's advisable to check your NPDB record regularly for accuracy and completeness. To initiate a self-query, visit the NPDB website and fill out the online request form, which involves a nominal fee. Even though you're supposed to receive notifications whenever a new report is added to your NPDB file, conducting periodic self-queries is a good practice. This helps you stay informed about the information available about you and prepares you to address any concerns with potential employers or licensing boards.
Disputing Information in Your NPDB Report
The NPDB is committed to ensuring the accuracy of its records. You can request changes to your personal details, such as your name and contact information. However, by law, the NPDB cannot remove information about you; only the entity that filed the report can correct or retract inaccurate details. If you find discrepancies in negative information on your report, you have the right to contest or counter it. Here are your options for addressing negative information:
Submitting a Statement
You have the right to add a written statement to the NPDB to offer clarification or context regarding any report on your record, irrespective of whether you dispute it. This statement can be updated at any time and will accompany any dispute you file.
Disputing the Report
You can challenge inaccuracies or incomplete data in your NPDB report. Start by contacting the reporting entity, outlining the inaccuracies, and requesting corrections or removal of the report. If the entity's response is unsatisfactory, you can escalate the matter by filing an official dispute. This dispute becomes part of your record, alongside any personal statement you choose to add. The NPDB will notify the organization, which then has 60 days to amend, void, or uphold the report.
Dispute Resolution
If the reporting organization does not amend the report to your satisfaction or fails to respond, you can escalate the matter to dispute resolution. The U.S. Department of Health and Human Services will review the report at your request. You will need evidence supporting your claims of inaccuracies and proof of your efforts to resolve the issue with the reporting entity. The DHHS review of your dispute will not evaluate the merits of the reported action but instead will assess the following:
- Whether the entity was qualified to file the report;
- Whether the report adhered to NPDB's reporting standards and
- Whether the report accurately reflects the actions taken against you and the reasoning behind them.
Following the review, the DHHS will decide whether to uphold, amend, or remove the report from the NPDB.
The Lento Law Firm Can Help Prevent or Limit Damage from a Negative NPDB Report
An adverse entry on your NPDB record can seem like a terrible blight on your professional reputation. Once accurate information is recorded, it's essentially permanent and difficult to erase. However, a negative NPDB doesn't mean your career is over. Many nurses continue to practice successfully despite having adverse records reported to the NPDB. The Professional License Defense Team at the Lento Law Firm can employ various strategies to help you manage allegations of misconduct and address the impact of any negative information reported to the NPDB. Here's how we can assist.
Resolve Complaints Before They Become Adverse Actions
When dealing with allegations of wrongdoing, early intervention is crucial to minimize damage. The most effective way to prevent an NPDB report from affecting your career is to address allegations promptly and effectively at the state level. Our team is well-versed in the disciplinary procedures of boards of nursing nationwide. We aim to mitigate potential damage before it results in a report to the NPDB by:
- Disproving allegations to have complaints dismissed
- Negotiating for private sanctions, where state policies permit, to keep certain actions out of the public domain
- Securing milder penalties to reduce the impact of any adverse NPDB report
Work for Reinstatement of Your License
If an adverse action is reported to the NPDB, any changes to that adverse action must also be documented. For instance, if your nurse's license is revoked, it will show up in the NPDB, but if your license is reinstated, this updated status must be reported. We can assist in navigating the path to license reinstatement or reversal of sanctions and ensure these updates are properly communicated to the NPDB.
Disputing Inaccurate NPDB Reports
If you have reason to dispute a report on your NPDB record, such as an inaccurately documented action, our Professional License Defense Team can facilitate the dispute process. We will help present evidence to correct or remove inaccuracies and craft statements to provide clarity to those accessing your record.
Representing You in Front of Boards of Nursing When Necessary
If a severe adverse action is recorded in your NPDB file, it could impact how licensing boards judge your future applications for licensure. We can advocate on your behalf in those instances, providing the Board with the necessary context to improve your chances of obtaining licensure despite any negative reports.
Whether you are a nurse dealing with allegations that might lead to an NPDB report or confronting a report already filed, the Professional License Defense Team at the Lento Law Firm offers the nationwide experience needed to protect your career prospects. That being said, the sooner you see signs of trouble and take action, the better your chances of minimizing the damage to your career, whether it's a complaint made against you to your Board of Nursing or a notification of a negative report to the NPDB. At the first sign of trouble, contact the Lento Law Firm at 888-535-3686 or complete our online form.
