Being a healthcare professional is a highly fulfilling career. Your work entails helping people feel better physically, mentally, and emotionally. However, you must have superb qualifications to become a licensed nurse. You must demonstrate the proper training, experience, and understanding of the nursing code of ethics and related statutes. A license permits you to offer services within a particular state or locality.
You can lose your nursing permit due to unprofessional behavior. When that happens, you lose your ability to help people in need and your livelihood. The Board of Registered Nursing (BRN) takes all forms of unprofessionalism by nurses seriously. Depending on the gravity of your unprofessional conduct, it can suspend your license permanently or temporarily.
However, a skilled license defense attorney can help you fight for your license and livelihood. They can demonstrate your competence and other mitigating factors to compel the board to reinstate your license. Finding the right defense attorney immediately after receiving notice of an unprofessional allegation is advisable. It will allow you to understand your options and plan a solid defense against the allegations.
Unprofessional Behavior and Your Nursing License
The nursing code of ethics stipulates guidelines by which nurses must abide throughout their careers and beyond. The public has significant expectations of people who hold crucial professional licenses, like nurses. Any conduct that puts your patients at risk or tarnishes the excellent name of licensed nurses in the state is met with severe penalties by the BRN.
While everyone is having a wonderful time on social media today, nurses are encouraged to watch what they post or portray on different social sites, as that could profoundly affect their licenses. For example, you could intentionally or unintentionally post something unprofessional or that which reflects an unethical behavior. The Board will act upon anything you post that is considered unbecoming of a nursing professional. This could be complaints and negative comments about your working environment, employer, or colleagues. If your posts seem threatening in any way, you could lose your license through suspension or revocation.
Licensed nurses are usually encouraged to hold separate accounts for their personal and professional networks. Once you separate your professional and social lives, you can freely live your life outside your career to the fullest without worrying about social media posts that could ruin your career. You are also encouraged to report unprofessionalism by your colleagues or anyone with a nursing license to help the board maintain a safe and professional image. When posting or commenting on social media, you should adhere to your code of ethics governing nursing professionals across the state, just like offline.
Social media posts include the written and pictorial posts you make on your pages and other people’s pages. In 2014, a licensed emergency nurse lost their job and, subsequently, a career due to a picture they innocently posted on their social media page. The image they posted on their Instagram page depicted an empty trauma room after an injured patient was treated following a subway train accident. The picture did not violate HIPAA or the hospital’s rules, but she was called out for insensitivity. This shows the risk you put yourself in every time you make a work-related post on social media.
Other professionals have been affected by social media posts about their personal lives. This, too, could happen to you if you do not care about what you post. For example, posts about drug use and abuse, sexually explicit images, domestic violence, racial profiling, or the use of profanities online can affect your career. Once the BRN receives an allegation about you, an investigation could start, resulting in license suspension or revocation. An unprofessional behavior charge by the BRN will automatically result in a penalty if enough evidence supports the accusation or charge.
Remember that BRN receives complaints and allegations of unprofessional behavior by nurses from various sources, including the public, employers, colleagues, friends, and family members. This increases your chances of being caught when you make an unprofessional, insensitive, or criminal post on social media. It also means that the privacy on your social media accounts will not save you from the penalties by the board.
Courts have always supported disciplinary measures by the RBN against licensed professionals who violate their code of ethics. For example, if you are arrested for DUI, the court can allow or support the board to suspend your license pending or after the conclusion of your case. This will happen even if your DUI arrest does not affect your job. The board can place you on probation pending the determination of your DUI case and then issue its final ruling once the criminal court’s final verdict is out. Remember that drug and alcohol abuse, especially while on the job, affects your ability to discharge your services safely. The board will take action even if a criminal court dismisses your charges.
Other Unprofessional Behavior That Could Affect Your Nursing License
Obtaining a nursing license does not mean that you get to keep it for life. How long you keep that license depends on several factors, including your nursing or career performance. After issuing you with a professional license, BRN keeps a close tab on you to ensure you abide by all the conditions of your job. These include treating your patients with respect, maintaining professionalism and competence throughout your service delivery, behaving well even when not in the work environment, and refraining from some criminal acts that could hinder your performance as a licensed nurse.
BRN has a long list of unprofessional conduct that could put your livelihood at risk, including the following:
Incompetence or Negligence
After obtaining your license, the board expects you to serve competently and with reasonable care, and not to hurt your patients. Incompetence and negligence are serious allegations that could result in a revoked license. If you are incompetent, you lack the necessary skills to serve your patients, which puts their health at risk. If you are negligent, you are not careful enough, and your actions could result in death or injury. The board must take immediate action against you to protect the public.
Anyone can file an allegation of your incompetence or negligence with the board, including your patients, employer, or coworker. The board will investigate the matter and even take action, whether your actions are intentional or unintentional.
Criminal Acts
Some criminal acts can affect your career as a licensed nurse. It helps to understand these so you can take the necessary steps to protect your livelihood. If you have a prior conviction, you must disclose it when applying for a nursing job or obtaining a license. Failing to do so could result in severe consequences, including revoking your license. You can expunge a misdemeanor before applying for a license or job to ensure the conviction does not affect your career.
You could lose your license if you are arrested or found guilty of particular crimes while working as a licensed nurse. Some of the crimes that could affect your license include fraud, grave penalties like murder and rape, and drug-related offenses. Drug crimes or DUIs violate the Nursing Practice Code.
Charting Errors
You commit a charting error when you fail to maintain proper records of your patients or falsify medical records. This charge will apply even if you committed an honest mistake. But you can defend your license to avoid a severe penalty like revocation. You could face allegations for making a charting error when you fail to record a patient’s health status, your action as a nurse, drug reactions, changes in a patient’s condition, or a patient’s history of drug administration.
Falsifying medical records is an even graver mistake that could cause you to lose your livelihood for good.
Drug or Alcohol Abuse on the Job
These are widespread violations by professionals in various fields, including the healthcare industry. Drug and alcohol abuse inhibits a nurse’s ability to offer adequate and safe services to patients. It could result in wrong diagnosis and decision-making, risking a patient’s health and life. If you have a drug problem, you can seek treatment first before continuing your service. Your livelihood is at risk if an employer, coworker, or patient reports you to the board. Once the board obtains solid evidence against you, you will lose your license temporarily (through suspension) or permanently (through revocation).
The Legal Process Following a Complaint of Unprofessional Behavior in Nursing
When BRN receives a complaint of unprofessional conduct as a nurse, it will conduct an investigation and hold a hearing to determine the cause, gravity, and consequences of the misconduct. The board has taken several disciplinary actions against nurses found guilty of professional misconduct. After conducting an in-depth investigation, evaluating customer complaints, and reviewing criminal convictions and civil judgments, the board will determine the discipline you deserve. An investigation by the board will trigger the license defense process. Thus, you must be prepared to take action immediately after receiving notice of the investigation.
Sometimes, the board starts investigating professional misconduct without informing the alleged offender. It can even proceed to deny, suspend, or revoke your license without allowing you a chance to defend yourself. When this happens, the board will submit a detailed report to its legal counsel. Your attorney can fight this move to ensure the board’s final favorable decision.
If you already have a professional license and are under the board’s investigation, the board’s legal counsel will prepare an accusation against you. An accusation is a legal document detailing your professional misconduct, the statutes you have violated, and the possible disciplinary action the board can take against you. If you are applying for a nursing license, the counsel will state issues detailing why the board denies your application. The two documents are usually issued together with a Statement of Respondent. It provides details about the legal processes you will undergo. You will also receive a Notice of Defense.
If you face charges for unprofessional conduct by BRN, you have a right to a fair hearing. The Notice of Defense grants you that right. Thus, you must fill it out and file it within 15 days after receiving it. The hearing will be presided over by an administrative judge. The judge will accept statements and evidence from each party in the case to issue the final verdict. Your evidence could be in documents, witnesses, or a statement by your attorney. The judge will take about thirty days to provide the final ruling on the matter.
The board can accept or reject the hearing’s final decision. If it issues an order accepting the decision, the final ruling becomes the board’s order. If the board rejects the final ruling, it will review the documents and testimonies tabled in the hearing to issue its ruling. You also can accept or reject the hearing’s final verdict. If you accept the verdict, you will abide by the terms and conditions the administrative judge provides during the final hearing. If you reject the ruling, you can appeal the case with the help of your attorney.
How a License Attorney Can Help
Defending your nursing license is critical if you face unprofessional behavior charges. The licensing board's disciplinary investigations and processes are severe, and much is usually at stake. Losing your license means losing a career you have built over the years. It also means losing your livelihood. You depend on that license daily, as do those who rely on you for care and livelihood. Thus, you must not hesitate to seek help if you need assistance, guidance, and advice on what to do to fight for your license. A skilled license defense attorney can help in many ways, including the following:
To Understand Your Charges
Although the board details the charges you face, their implications, and possible penalties, you need someone to explain everything in detail. Understanding your charges helps you better understand your situation so that you can plan well for a better outcome. An experienced license attorney who has handled all kinds of cases like yours will make this happen. They will review your case details with you, the evidence the board has against you, and the possible outcome. They will also review the board’s disciplinary actions and discuss your fighting options. You can make better decisions with the right attorney during this challenging time.
To Gather Evidence
Remember that the administrative judge presiding over your matter will rely on your evidence and the evidence by the board to make the final ruling. Thus, you need compelling evidence to obtain a favorable outcome for your case. If you are unfamiliar with administrative processes, you will not know the kind of evidence that could help your case. An experienced attorney knows what to look for and how to prepare and present evidence during the hearing. They will also look for and interview eyewitnesses, obtain expert reports, and find mitigating factors to help your situation.
To Find Mistakes in the Board’s Case
Just because the board has the right to issue, deny, and revoke nursing professional licenses does not mean it is always correct. Sometimes, the board receives inaccurate reports about unprofessional behavior in nursing. A jealous colleague or employer can falsely accuse a reputable nurse. A dissatisfied patient can file a false accusation against a nurse. This means that you can quickly pay for a mistake you did not commit in the first place. However, a competent attorney can find any error in the board’s case to compel it to dismiss your charges. They will present evidence and statements demonstrating your innocence to protect your license and reputation.
For Legal Representation and Defense
Legal representation is critical in administrative processes. If this is your first time to face to be accused of unprofessional behavior, you could be confused about the whole matter, including the administrative procedures. You will not know what to do, the documents to prepare, how to present your defense in the administrative hearing, or the evidence you need to fight for your license. A skilled license attorney is the best legal representation you can have. They will help you navigate all processes successfully and remain by your side during the hearings. They can attend the hearings on your behalf and advise you on the dos and don’ts to avoid compromising your case further.
Your attorney will also present your defense during the hearing. They will present evidence in your favor, interview witnesses, and present mitigating factors that could result in a favorable outcome.
Find Competent Professional License Defense Services Near Me
Unprofessional conduct in nursing can result in grave consequences for nurses who have spent so much time, money, and effort developing their careers. It can result in losing a job you love, your source of livelihood, and a service many people depend on for improved health. However, you can defend your career and license with the help of a skilled professional license defense attorney.
The Legal Guardian has a team of highly trained and experienced professional defense lawyers who can help you during the most challenging time of your career. We can defend your rights, explain your options, and develop a solid defense for your license. With our assistance, you can compel the board to dismiss your charges or provide a favorable ruling in your case. Call us at 866-448-6811 if you face charges for unprofessional conduct in Long Beach to start the administrative process with us.
