Representing Yourself Before the Nursing Board: It Sounds Good Until Things Don't Go as You Plan

I received a phone call from a nurse who is representing herself before a State Nursing Board. The nurse submitted a statement and met with Nursing Board staff for an investigative meeting and submitted additional information to the Nursing Board.

The Nursing Board is proposing action against the license and the nurse is very upset and is considering attorney representation.

If you are going to retain an attorney to represent you in any matter, do it at the beginning if at all possible. You are not necessarily saving yourself money by retaining an attorney later in the case.

It is difficult to be objective when you are representing yourself in a Nursing Board matter. Your emotions start flowing and you assume a "I didn't do anything wrong, I am a good nurse" posture. That may to true to a certain extent but the complaint and the investigation are still pending and must be resolved.

I asked this nurse, did you consider having attorney representation when you received correspondence from the Board? The answer was, why would I need representation at that point, I thought I could handle it.

And handle it the nurse has as the Board is proposing action against the license and the nurse has not had any representation, counseling, or advising on the process and procedure and the attending issues in these cases.

I know money is tight but your license is your livelihood and if you are involved in a State Nursing Board investigation, you should consider having attorney representation.

What is a few thousand dollars in legal fees compared to your lifetime earnings as a RN, LPN, or APRN?

Self representation is a right in country and you can call my office or the office of another license defense attorney and yell "Give me Liberty or Give me Death" into the phone.

The question is not can you represent yourself because of course you can represent yourself in any civil, criminal, or administrative matter. Is it in your best interest to represent yourself?

Comments

[latonia]

Thank you for your comment, Nurse J.

[Nurse J]

The past year of my life has been turned upside down because I did not contact an attorney as soon as the Board contacted me! I was contacted by the State Board of Nursing regarding "acting strangely/possible mental emotional health issues." The person who had contacted me from the state nursing board acted very nice and like my case "wasn't that big of a deal" and "they get thousands of complaints". I cannot believe how ignorant I was! Think about it, if a police officer contacted you to investigate anything (no matter how big or small), the first thing you would do is CONTACT AN ATTORNEY! Think about Board investigations the same exact way, no matter how big or small you think the matter is! Wish I could go back in time!

[NJT]

I wish I had contacted an attorney when I first had the instinct that I should. Instead I researched the OBN bars to employment as it relates to criminal convictions and pressed on in school. As graduation neared I was offered and accepted a job and applied for an Ohio license, I figured I could always get a KY license later. Needless to say after 6 weeks I finally got my ATT tested and passed, but couldn't get my license without signing a consent agreement with permanent practice restrictions and two years of probation. I consulted with LaTonia (way too late) and was able to get my license. Had I met with her before I graduated and applied I may have been able to secure an unrestricted license in at least one state. My point is we should invest in a consultation with a licensed legal professional before we even make application to any board to plot the best course of action. If at anytime the Board contacts you for anything that may hinder your license, call someone. Do not try to navigate those waters by yourself. They hold the power over your ability to earn a living.... be educated before you agree to their terms

[Jack Stem]

I think a common mistake nurses make in these types of situations is they trust that the board will have their (the nurse's) best interest at heart and will "advocate" for them. So many nurses seem to think if they meant well then all will be forgiven after they meet with the board or investigators and explain their side of the story. When things begin to "go south", it becomes clear the board isn't thinking about the nurse, they're worrying about public safety. Meaning well doesn't negate ignorance of the nurse practice act.