Boston Lawyers Helping Nurses Protect Their Professional Licenses

Under Massachusetts law, nurses must possess a professional license to practice within the state. Among other things, such licenses require them to comply with a certain standard of conduct, and if someone believes a nurse has breached that standard, they may file a complaint with the Massachusetts Board of Registration in Nursing. Simply because a complaint was filed does not mean a nurse will lose their license, though, as there are often arguments they can make to protect their right to lawfully work as a nurse. If a complaint has been filed against you, you have the right to legal representation during any proceedings impacting your license, and you should speak to an attorney as soon as possible. The skilled Boston nursing license defense attorneys at Koufman Law Group have ample experience helping nurses protect their livelihood in professional hearings, and if you engage our services, we will work tirelessly to help you seek a favorable outcome. We have an office in Boston, and we regularly handle hearings before the Board of Nursing throughout Massachusetts.

Actions That Can Jeopardize Nursing Licenses

Pursuant to Massachusetts law, the Massachusetts Board of Registration in Nursing (the Board) aims to safeguard the safety and health of Massachusetts citizens by applying the laws and regulations that govern the practice of nursing. Under the Code of Massachusetts Regulations, certain actions are grounds for filing a complaint against a nurse with the Board.

These actions include practicing as an advanced practice registered nurse without the state’s credentials and failing to report suspected abuse. Other critical infractions include violating requirements for controlled substances, failing to maintain patient confidentiality, engaging in patient abuse, and practicing nursing while impaired. Notably, failing to pay taxes, student loans, and child support obligations can also result in a complaint before the Board. Finally, the Regulations note that a complaint may be filed against a nurse for engaging in any behavior that is likely to adversely affect public health, safety, or welfare.

Nursing License Defense in Hearings

Upon receiving a complaint, the Board will initiate a review to assess its merit and determine if additional information is required. If necessary, the Board may conduct interviews, including one with the nurse, and may visit healthcare facilities or the nurse’s practice office for on-site assessments. During the investigation, compliance officers may request additional documents, and the nurse will have a relatively short time to provide a response, usually 15 days.

Following the investigation, the Board will evaluate the information to decide whether a formal or informal hearing is warranted. In an informal hearing, both the nurse and the complainant participate, presenting arguments and explanations.

Following the informal hearing, the Board may opt to resolve the complaint or, if deemed necessary, proceed to a formal hearing. In the event of a formal hearing, the Board issues an “Order to Show Cause” to the licensee, outlining the reasons why their license might face revocation or suspension based on the allegations in the complaint. The nurse is granted 21 days to respond to this order. During the formal hearing, the nurse has the right to legal representation and can present witnesses and testify in their defense.

While the hearing cannot result in any criminal repercussions, it nonetheless can result in significant consequences, and it is crucial for the nurse to have legal representation to navigate the complexities of the hearing and to gather evidence, examine witnesses, and assert any available defenses.

If the Board determines misconduct occurred, it may impose disciplinary measures if misconduct is determined, ranging from suspension and revocation to reprimands, fines, or probation.

Consult a Trusted Boston Nursing License Defense Attorney

Nurses who learn complaints have been filed against them often fear that their jobs are in jeopardy, but in many instances, an attorney can help them avoid disciplinary measures. If you are a nurse and you were notified a complaint was filed against you, it is in your best interest to talk to an attorney about what measures you can take to protect your license and career. The trusted Boston nursing license defense lawyers of Koufman Law Group have ample experience defending nurses in both criminal matters and proceedings before the Massachusetts Board of Registration in Nursing, and if we represent you, we will fight aggressively on your behalf. Our office is located in Boston, and we often represent nurses faced with license complaints in Boston and throughout Massachusetts. You can reach us to set up a confidential consultation through our form online or by calling us at (617) 423-2212.