Frequently Asked Questions

• Drug/alcohol abuse
• Gross negligence/incompetence, resulting in patient endangerment
• Patient abuse and neglect
• Sexual, violent, or abusive offenses
• Fraud or theft offenses
• Mentally impaired and unsafe to practice
• Other acts or convictions substantially related to the practice of nursing
• Practicing nursing without a license
• RNs on probation who have violated their probation conditions

• Interpersonal conflicts
• Employee-employer relations
• Labor issues
• Billing disputes
• Complaints against health care practitioners that are not RNs
• Complaints against health care facilities, clinics, or agency operations

Complaints, in general, are confidential and are not public record during the investigation process. However, when an accusation is filed, it becomes a matter of public record and the BRN will disclose the specific charges upon request. Once disciplinary action has been imposed, it becomes a permanent part of the nurse's record and is subject to public disclosure.

DOI employs sworn peace officers to conduct investigations on behalf of the BRN.

The investigator will interview the nurse licensee and interview the complainant, patient, co-workers and employers. The investigator will also gather documentation, such as, patient records, personnel records, etc., from relevant sources. After all pertinent information is collected, the investigator prepares a report for the BRN.

No.  Enforcement Program staff does not discuss details or give status updates on complaints pending investigation. Complaints are confidential and are not public record unless an accusation is filed.

If there is sufficient evidence to substantiate a violation of the Nursing Practice Act, a pleading is filed by the BRN with the Attorney General’s Office. The RN is sent an accusation, which is a legal document that lists formal charges, and is given an opportunity to dispute the charges at an administrative hearing or negotiation a stipulated agreement. The accusation is a public record.

After review and/or investigation, evidence was not found to substantiate a violation of the Nursing Practice Act.

The violation did not reach a level where the Attorney General’s Office could substantiate the imposition of limitations or restrictions on the registered nurse’s license. However the compliant will be maintained on file for future reference.

In lieu of filing an accusation, a citation, which may contain an administrative fine and/or order of abatement, can be issued for lesser violations of the Nursing Practice Act.

You should consult with an attorney as soon as possible. The Board is not your friend and the investigator is not your friend. Your interview will be recorded and anything you say could potentially be used against you. The letter you receive will likely tell you that an attorney is not necessary and the investigator will usually be very congenial inviting you to the interview.  Most people believe that by being cooperative and going along with the investigator and attending without an attorney, that the Board will not take any action. Many times a licensee is not provided the full story regarding the allegations of why the Board is looking into the licensee’s practice. There are multiple reasons why the Board would be looking into a licensee, most often it comes from patient complaints. Sometimes it is a complaint by a colleague or competitor who makes an anonymous complaint. Regardless of the reasons, don’t make the mistake of believing you should handle this by yourself and that it will go away. You should learn your rights by consulting with an experienced attorney who can instruct you on how to prepare for an interview with a Board investigator. Otherwise you run the risk of turning an interview into evidence that the Board will use against your license if an Accusation is filed.

You should consult with an attorney immediately. There are specific legal requirements that the Board must follow in order to access confidential patient information. You have a legal obligation to protect your patients’ confidential information and should not release it, even to the Board without ensuring that the Board has met its own legal obligations

• public reprimand
• probation, including drug tests
• license suspension and probation
• license revocation

Disciplined individuals also may be on the hook for investigation and enforcement costs, which can be several thousands of dollars or more.

If your license has been revoked, typically you can reapply after 1 to 3 years depending on your licensing agency. Keep in mind that the agency will not just give you another license. You will need to show evidence of rehabilitation. This is something that you should be working on as soon as your license is revoked. By working with an attorney, you need to make a rehabilitation plan that should be implemented over the course of the revocation period. You want to show the Board diligent efforts and consistency.