Representing Yourself: Take the Process Seriously

A nurse contacted my office today. She did not leave her name; just her telephone number. A complaint was filed against the nurse with the state nursing board. The nurse met in-person with a State Nursing Board investigator and provided a handwritten statement after the meeting. The nurse was contacted by a Nursing Board attorney regarding an agreement to resolve the complaint recently. The nurse reviewed the agreement proposed by the Board and was very upset. She is demanding a hearing, which is of course a right in this type of proceeding.

This is common scenario in some states and jurisdictions. When you met with a Nursing Board investigator regarding a complaint filed against your license, YOU are Representing YOURSELF. For better or for worse, you are representing yourself in an administrative investigation and proceeding regarding your license.

When you submit a statement to the Nursing Board in response to a complaint, YOU are representing yourself.

There is nothing wrong with representing yourself. Self-representation is a right in our adversarial legal system.

I represent nurses in licensure matters so of course I have a bias. However I would merely suggest that any nurse who is being investigated by a state nursing board contact a licensure defense attorney for a legal consultation at a minimum. At a minimum discuss your situation with an attorney before you OPT (and you always have options) not to seek legal counsel.

Also if you do represent yourself in the licensure investigation, consult with an attorney before you sign a document proposed by the state nursing board to resolve the complaint.

Hindsight is always 20/20. I am being retained by more nurses who have represented themselves initially then retain legal counsel at the end of the investigation, negotiation phase, or during the Board monitoring or suspension phase of the "action" against the license.

Bottom Line: if you are going to retain an attorney; do so in the beginning of the investigation if you can. If you cannot afford a private attorney; then consult with an attorney then educate yourself on the process and procedure before you proceed. Do not take a  "willy nilly." After all your license is your livelihood.