In Indiana, the Medical Licensing Section of the Office of the Attorney
General (OAG) investigates complaints against licensed health professionals including nurses to to determine whether a violation
of a licensing statute or regulation has occurred.
For additional information about the process, see page 12 of the March 2008 Nursing Focus, the Indiana BON's newsletter. See http://www.in.gov/pla/files/March2008.pdf.
The disciplinary investigation and adjudicative process and procedures vary from state to state. However there are several constants:
1. Its an adverserial process;
2. The role of the State is always public protection;
3. The role of the State is not to advocate for the best interest of its licensees; and
4. State employees (investigators, analysts, attorneys, reviewers, etc.) cannot provide you with legal representation or give you legal advice;
5. You have a right to due process in the investigative and adjudicative proceedings which includes the right to retain an attorney to defend you, notification of the allegations against you, and to a fair hearing.
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