This varies from State Nursing Board to State Nursing Board. Some Nursing Boards will mail you correspondence indicating a complaint has been filed, state the allegations to the complaint, indicate your opportunity to respond, and mention you can of course consult with or retain attorney.
I practice law before the Ohio Nursing Board, Indiana Nursing Board, and Kentucky Nursing Board and the process for providing a nurse with notice of the allegations in a State Nursing Board complaints varies between these three states.
I spoke with a nurse this week who felt "tricked" and "deceived" by the Nursig Board investigator. The nurse said the Board investigator should have told the nurse about the availability of attorney representation in these types of cases and informed the nurse of his/her rights in this types of cases.
Nursing Board investigators are doing their job and quite frankly its not their job to inform you of your rights and responsibilities. Its their job to investigate the allegations. Remember these cases are adverserial in nature. You don't meet with a Nursing Board investigator in the context of an investigative meeting over tea to discuss the latest nursing news.
In general, we as nurses are not very familiar with our legal rights in administrative, civil, criminal, regulatory, employment, and credentialing matters. You have a right to retain or consult with an attorney in licensure and disciplinary investigations and hearings. However you must exercise that right by seeking assistance and take the first step.
Use a common sense approach and your spidey sense. If you think you might need an attorney or something just doesn't feel right, then talk to someone before proceed with speaking with a State Nursing Board investigator, submitting a response to the complaint, appearing before the Board, etc.
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