North State Law

Impact of Discipline from the NC Board of Nursing

Impact of Discipline from the NC Board of Nursing

As a licensed nursing professional in North Carolina, the importance of maintaining a clean record cannot be overstated. Discipline from the North Carolina Board of Nursing can significantly impact your career and livelihood. Whether you are a licensed practical nurse, registered nurse, certified registered nurse anesthetist, or nurse practitioner, understanding the disciplinary process and its consequences is important. In this blog, we will explore the various disciplinary actions that can be taken by the NC Board of Nursing, the consequences of these actions, and what steps you can take to safeguard your professional license.

The Role of the North Carolina Board of Nursing

The North Carolina Board of Nursing is responsible for regulating nursing practice within the state. This includes overseeing the actions of licensed practical nurses, registered nurses, certified registered nurse anesthetists, and nurse practitioners. While nurse practitioners are jointly regulated with the North Carolina Medical Board, most disciplinary actions are typically handled by the nursing board. It’s important to note that any disciplinary action is based on the violation of the Nursing Practice Act.

Understanding Disciplinary Actions

The North Carolina Board of Nursing has a range of disciplinary options at its disposal. These options vary in severity, from non-disciplinary actions to more serious disciplinary measures. Here’s a breakdown of the potential actions:

Private Letter of Concern: This is a non-disciplinary action where the board expresses concerns about a licensee’s conduct. It remains private and does not appear on public records.

Non-Disciplinary Consent Order: This is a voluntary agreement between the licensee and the board. It usually involves additional continuing education courses that do not count toward annual requirements.

Public Reprimand: A formal reprimand that is considered disciplinary. It will be reported to the National Practitioner Data Bank (NPDB) and can affect future employment opportunities.

Probationary Conditions: A public reprimand can come with probationary conditions that restrict job duties, such as limiting hours or shifts.

Suspension: This action can range from six months to two years and is reported to the Office of Inspector General, potentially affecting future job opportunities.

Disciplinary Program: A structured program for substance abuse issues that is considered disciplinary and is published on the board’s website.

The Process Leading to Discipline

For the board to impose any disciplinary actions, there must be a finding of a violation of the Nursing Practice Act. This requires evidence that meets a clear and convincing standard, which is quite high. If a licensee is called in front of the board, an investigative report is prepared and reviewed by the investigative committee. If they determine a violation has occurred, they may offer a private letter of concern or proceed with more formal disciplinary actions.

Consequences of Public Reprimands

A public reprimand is a serious matter. It is reported publicly and can impact a nurse’s ability to find future employment. Employers often conduct background checks, and any disciplinary actions will be visible in public databases. This can deter potential employers and affect your marketability in the nursing field.

What Happens After a Public Reprimand?

While a public reprimand does not typically prevent a nurse from practicing, it may involve additional requirements such as completing coursework or paying fines. It is essential to take these reprimands seriously, as they can escalate into more severe disciplinary actions if not addressed appropriately.

Understanding Suspensions

A suspension is one of the more severe disciplinary actions that a nurse can face. It can last anywhere from six months to two years and is a public record. During the suspension, a nurse cannot practice, and once it is lifted, finding employment may become more challenging due to the public nature of the suspension.

Implications of a Suspension

In addition to the immediate inability to work, a suspension can lead to being placed on the exclusion list by the Office of Inspector General (OIG). This can effectively bar you from any employment that receives federal funding. Thus, it is vital to understand the gravity of actions that can lead to suspension and to manage stress and frustrations in the workplace carefully.

The Disciplinary Program

The Disciplinary Program, often referred to as the DP, is a public version of the board’s substance abuse program. Unlike other programs that are kept private, the DP includes monitoring and strict conditions. This program typically lasts between 12 and 36 months and includes regular drug screening, supervision, and compliance checks. While it aims to help nurses recover and maintain their careers, it is still considered a disciplinary measure and is publicly reported.

Protecting Your License

Given the serious implications of disciplinary actions, it is essential to take proactive steps to protect your nursing license. Here are some strategies:

Stay Informed: Understand the Nursing Practice Act and the standards expected of you as a nursing professional.

Seek Legal Representation: If you are facing allegations or disciplinary actions, consult with a professional license defense attorney who handles nursing license law.

Self-Report When Necessary: If you are involved in an incident that may warrant a reprimand, it’s often better to self-report than to wait for the board to discover it.

Engage in Continuing Education: Stay updated with best practices and new regulations in nursing to minimize the risk of violations.

Conclusion
Discipline from the North Carolina Board of Nursing can have lasting effects on your career. Understanding the disciplinary process, the potential actions that can be taken, and how to protect yourself is essential for every nursing professional. If you have questions or need guidance, consider reaching out for legal support. Your license is vital to your career, and taking steps to safeguard it is important.

Contact Us for More Information

For more insights and information, check out our blogs at North State Law. If you have specific questions or need assistance, feel free to contact us for a free consultation. We’re here to help you protect your professional license.

*Nothing in this blog establishes an attorney-client relationship. Nothing in this blog is legal advice. If you have any questions, please check out our other blogs and our Youtube channel. You can also call us at 919-521-8810 with questions.