Nursing License at Risk?

Your licensing board is an administrative body that governs professionals within your field and state. Under administrative law rules, the board can conduct investigations against licenses and decide if the nurse (or other professional) poses a risk to the public and their patients. The board, not a judge, will decide how the matter will be resolved - potentially with a suspension or then revocation of the license.

You have a right to due process. Your license is your property, and the United States Constitution protects it. Your license cannot be taken away without a fair hearing, and the Minnesota Legislature has a process for assessing license suspension or revocation cases.

As you begin this process, you must cooperate with your licensing board. Failure to do so could result in the indefinite suspension or revocation of your license. You must also respond in a timely manner to written allegations from your licensing board.

If you have been called to a hearing or conference before the Minnesota Board of Nursing, your case will be presented to the complaint review committee. This committee will consist of one or more members of the Nursing Board, as well as an investigative member and the Assistant Attorney General that represents and advises the Board.

After assessing your case and allegations against your license, the complaint review committee will render a decision to either:

1. Dismiss the allegations.
2. Issue discipline against your license.
3. Suspend your practice.
4. Revoke your license.

The Nursing Board will likely support the committee's decision. You may be issued a "Proposed Stipulation and Consent Order" to sign, which if necessary, will outline the terms of discipline against your license. We highly recommend speaking with a professional nursing license attorney before signing.

The most common forms of discipline include the imposition of a fine, the requirement of additional education or supervision, limitations of practice, or the required participation in an HPSP program (scroll down to learn more).

This will likely result in a contested case proceeding - much like a trial. You will have the opportunity to testify, present evidence, and call witnesses to testify on your behalf.

Although you can obtain a favorable outcome with this strategy, the nursing board can override the judge's decision and make a final decision on the status of your nursing license.

The Board protects the public - not licensed nurses. It will take any allegations against your nursing license seriously. That is why it's so important to hire a trained nursing license defense attorney if you receive a letter of allegation or investigation.

At Lord & Heinlein, we highly recommend obtaining a nursing license attorney for any investigative interview in Minnesota.

This interview has been requested by your professional licensing board to gather more information regarding the complaint they have received. The more you know about it in advance, the better. A trained nursing license lawyer will help you prepare and learn as much as possible about the complaint ahead of time.

Yes. You must respond in a timely manner to any written allegations from your nursing licensing board. Just be mindful about what you provide in writing - everything will be a part of this investigation's permanent record. We recommend working with a nursing license attorney to formulate the correct response.

Yes, you may request an extension. If you are too busy or unprepared to respond, it's certainly better to request an extension than it is to rush to answer. Talk to your nursing license defense attorney to begin the extension process.

No. The first phase of your license investigation is confidential, which means you are not obligated to inform your employer. The only people who will know about the allegations at this stage are the board and whoever filed the complaint.

There may be some instances in which you want or need to discuss the allegations with your employer. In this kind of situation, enlist the help of a nursing license attorney before making any decisions.

An investigation begins when a complaint is filed against you with the Minnesota Board of Nursing. The board never makes the decision to investigate on its own, without an official complaint. These complaints are filed confidentially by employers, colleagues, friends, or even relatives.

• Diversion of prescription narcotic medications from the workplace.
• Failure to follow wasting procedures for narcotic medications.
• Overuse/multiple prescriptions for prescribed narcotic medication.
• Mental health issues that affect work performance.
• Physical health issues that affect work performance.
• Conviction of a criminal offense (assault, drunk driving, fraud, etc.).
• Neglect of clients or patients.
• Departure from minimal standards of acceptable prevailing medical practice.
• Failure to meet patient record documentation standards.
• Failure to fully assess a patient or client's needs.
• Fraudulent billing.
• Exposure of privileged communications.
• False advertising.
• Violating professional boundaries with a patient or client, including sexual conduct.
• Failure to pay student loans secured by the state or federal government.
• Being fired from a job for cause.
• Dismissal from the Health Professionals Services Program (HPSP) for failure to comply with your participation agreement.
• Practicing beyond your licensed scope of practice.

No. The Minnesota Data Privacy Practices Act protects the confidentiality of the person who files the complaint. The board may be able to provide certain aspects of the investigation, but you will not be able to obtain large portions of the file until after the investigation is closed. You will never receive the name of the complainant or the original complaint filed against you.

We believe the answer is yes. Your career is your livelihood, and you've worked hard to obtain licensure. You deserve fair legal protection and defense from complaints.

A nursing license attorney will help you carefully, thoughtfully respond to allegations, as well as guide you through the stressful process. If you want the best possible outcome, consult a lawyer immediately.

1. Complete dismissal of the allegations.
2. Discipline against your license.
3. Suspension of your license for a period of time.
4. Revocation of your license.

Yes - you can get a job again. Even if you are disciplined, you are not the first to have experienced it, nor will you be the last. This should not permanently define your career. Many professionals in various fields have been disciplined by their licensing board, then moved on to improve themselves, their practices, and their careers.

The Health Professionals Services Program (HPSP) is a professionally staffed, confidential program designed to monitor the treatment and continuing care of eligible, regulated health professionals in Minnesota. You can voluntarily self-report, or you may be required to do so by your board.

If you have a health concern and think you need to report it to the HPSP, contact a nursing license defense attorney first for advice.

When you present yourself to the HPSP, you will be asked to sign a monitoring plan and participation agreement that allows them to supervise your practice, your mental health, and/or your illness, condition, or addiction.

Your Participation Agreement will likely be for a term of up to three years. If you fail to uphold the requirements of your Participation Agreement for any reason, HPSP can discharge you from the program at any time and report to the licensing board.

If you are worried that your substance use is impacting your ability to serve as a nurse with reasonable skill and safety, we may recommend taking a leave of absence from your job. This will allow you to better assess your ability and to pursue any treatment or recovery care you may need.

Yes. Institutions and licensed professionals are expected to report misconduct or dangerous, inappropriate behavior to the Minnesota Board of Nursing.

Institutions (and chief nursing executives/administrative officers) are expected to report:

• The revocation, limitation, or suspension of nurse privileges.
• Dismissals of nurses.
• Disciplinary action against nurses.
• The resignation of nurses before disciplinary proceedings.

Licensed professionals working with licensed nurses are expected to report "any conduct believed to constitute grounds for disciplinary actions," as well as unethical, unprofessional, or mentally unstable behavior.

Under Minnesota state law, the answer is yes - failure to report could expose you to penalties.

On or after August 1, 2012, any person, institution, insurer, or organization that fails to report as required shall be subject to civil penalties for failing to report as required by law. If you are worried about filing a complaint, or you are worried about consequences for your own license, speak with a nursing license defense attorney quickly.