Nursing License Defense FAQs

A nursing license defense hearing is a formal administrative proceeding conducted by the Board following a complaint alleging that a nurse engaged in misconduct or violated nursing regulations. The Board conducts such hearings to determine whether to take disciplinary action against the nurse’s license.

Various acts may trigger complaints to the Board, including practicing without state credentials, neglecting to report suspected abuse, breaching patient confidentiality, practicing while impaired by drugs or alcohol, and abusing patients. Many complaints arise out of the violations of requirements surrounding controlled substances. Notably, actions outside of the workplace can trigger complaints as well. For example, failing to pay taxes or meet student loan or child support obligations may prompt a complaint. Additionally, any behavior likely to adversely affect public health, safety, or welfare can also prompt action from the Board.

Nurses are not required to retain legal counsel for nursing license defense hearings. In most cases, though, an attorney can help them determine their rights, navigate the hearing process, and develop a strategy that provides them with a strong chance of obtaining a good result.

After receiving a complaint, the Board will assess its validity and may interview witnesses, including the nurse. The Board may also conduct an assessments of the nurse’s place of work and request documents from the nurse. Following the initial investigation, the Board will determine whether to conduct an informal or formal hearing. In an informal setting, both the nurse and complainant present arguments. Following an informal hearing, the board may then determine a formal hearing is necessary, and will send an Order to Show Cause to the nurse explaining the potential repercussions of the hearing.

If the Board concludes that there is insufficient evidence to support the allegations, the case may be dismissed, and no disciplinary action will be taken against the nurse’s license. However, if the Board finds evidence of misconduct or violations of nursing regulations, it may take disciplinary actions ranging from probation and suspension to license revocation. Additionally, the Board may opt to impose conditions on the nurse to allow them to continue to practice, such as requiring the nurse to undergo additional training or supervision for actions that prompted the complaint.