Even the best nurses who are expert practitioners can be reported to the State Nursing Board. Nursing Board complaints don't just happen to "bad nurses" or nurses with a drug addiction. You can go to work on Monday, a situation can arise at work, and the outcome of the situation may be your termination and the filing of a State Nursing Board complaint against you for failing to practice in accordance with one of hundreds of standards for safe nursing practice or failing to act in accordance with company policy and procedure and jeopardizing patient safety.
What do you do then? Most nurses don't have professional liability insurance which would cover attorney fees before the State Nursing Board. Also employers are mandatory reporters so alot of State Nursing Board complaints are filed by hospitals, nursing homes, home care agencies, etc. against nurses.
I will say this again. Alot of State Nursing Board complaints are filed by employers. Yes, the same employers who you are depending upon for liability insurance are the same employers who will term you and report you to the State Nursing Board faster than the speed of light, sound, and smell.
Does your employer's or former employer's insurance provide you with attorney representation before the State Nursing Board? No, of course not. Don't make me laugh.
When a nurse tells me "I am covered by my facility's policy and that's why I didn't purchase professional liability insurance" my next question turns to the retainer fee for representation.
Most attorneys want several hundred or a few thousand dollars for a retainer. I think this is why most nurses continue to represent themselves before the State Nursing Board. I also believe that most nurses think the State Nursing Board is "their friend." I am also asked does having an attorney "anger" the State Nursing Board. I continue to hear this.
I am meeting more and more nurses who simply don't have the resources or funds to hire an attorney for representation, counseling, and advising in a State Nursing Board matter. For those nurses I say the following:
1. Can you represent yourself knowing that you don't know until you know and when you know it, its usually too late?
2. Can you borrow the money from your 401K, 403B, or a relative or family friend?
3. You can represent yourself and get the best case scenario (State Nursing Board complaint is closed) or you can represent yourself and get the worst case scenario (license revocation) or anything in between. Are you comfortable with this? If so, by all means represent, counsel, and advise yourself. Again this is what the majority of nurses do when a State Nursing Board complaint is filed against their nurse.
If so, do your research and move forward. Most of these nurses I find however only see the facts and their situation from their own perspective i.e. that "I didn't do anything wrong and there is nothing that I would have done differently."
This is one of the pitfalls with self-representation. You are wearing rose tinted sunglasses and you can't see the sun no matter how bright it shines because of your perception of the situation or incident.
What are the other pitfalls to self-representation in a State Nursing Board matter?
1. You cannot be objective when you represent yourself;
2. Okay representing yourself before the Board is one thing. But how do you counsel and advise yourself if you are not familiar with the law, legalties, and legal issues that flow from State Nursing Board complaints?
3. You may not be familiar with the State Nursing Practice Act and Nursing Board regulations;
4. You may not be familiar with the process and procedure for State Nursing Board investigations;
5. You may not be familiar with the process and procedure for State Nursing Board hearings; and
6. You may underestimate or fail to appreciate the severity or seriousness of the allegations in the Complaint and therefore the rationale of any action proposed or taken against your license.
I had a nurse ask me during a legal consultation, what would I do if I was being investigated by the State Nursing Board? I responded, I would hire an attorney. I have professional liability insurance for my nursing practice.
I will also say that in the event a complaint is filed against law license (knock on wood), I will retain an attorney. I have legal malpractice insurance which covers this as well.
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