Nursing is one of the most trusted professions in the country. Nurses are held to high standards, and mistakes or misconduct can have serious consequences. Nursing disciplinary action affects a nurse’s ability to practice and may involve fines, suspension, or even permanent loss of license. Understanding what can lead to disciplinary action, how the process works, and your rights during an investigation can help protect your career.

What Is Nursing Disciplinary Action?

Nursing disciplinary action refers to the steps state boards of nursing take when a nurse is alleged to have violated the Nurse Practice Act or other professional rules. This can include actions that affect licensing, such as suspension, revocation, or restrictions, as well as fines, reprimands, or required education. Disciplinary action is separate from employer consequences, civil suits, or criminal charges, although those can occur alongside a board investigation.

Less than 1% of nurses face disciplinary action each year. In 2021, the National Practitioner Data Bank reported 18,145 adverse actions affecting 140,859 nurses, 93,998 licensed practical nurses, and 9,002 nurse practitioners. These numbers show that while disciplinary action is uncommon, the consequences can be serious.

Common Issues Leading to Disciplinary Action

Substance Misuse

Substance misuse is one of the most frequent reasons nurses face board complaints. This includes drug diversion, working while impaired, and alcohol or drug convictions such as DUIs. Many states offer voluntary alternative-to-discipline programs, which allow nurses to seek treatment while avoiding formal penalties.

Professional Conduct Violations

Professional misconduct can cover patient abuse or abandonment, sexual misconduct, boundary violations like accepting valuable gifts, and fraud. Falsifying medical records is also considered a serious violation. Maintaining professional behavior and avoiding conflicts of interest is key to preventing complaints.

Scope of Practice and Negligence

Disciplinary action can occur when a nurse acts outside their authorized scope of practice, fails to follow nursing standards, commits documentation errors, or engages in gross negligence. Errors in prescribing or administering medication also fall under this category.

Criminal Convictions

Certain criminal convictions can trigger board action if they are substantially related to the nurse’s duties. These convictions may include theft, assault, or other offenses that affect patient safety or trust. Boards typically review criminal records and may take action regardless of whether the nurse is currently practicing.

The Nursing Disciplinary Process

Filing a Complaint

Anyone who observes a violation of nursing rules or unsafe behavior can file a complaint with the state board. Mandatory reporters, like healthcare colleagues, must report violations. Nurses may also self-report incidents. Criminal convictions also trigger reviews.

Initial Review

The board first determines if the complaint falls under its jurisdiction. This does not determine guilt but ensures the board has authority to proceed. Complaints outside the Nurse Practice Act or unrelated to nursing practice may be dismissed.

Investigation

Investigations involve reviewing evidence, interviewing nurses, patients, and witnesses, and examining medical and employment records. Investigators may also conduct site visits. Most investigations take five to twelve months, depending on the complexity of the case.

Settlement or Hearing

Boards may offer informal settlements through proposed agreed orders that outline investigative findings, conclusions of law, and sanctions. Nurses can accept, reject, or request revisions to these agreements. If no settlement is reached, formal charges are filed, and a disciplinary hearing before an administrative law judge may be scheduled. Nurses have the right to present evidence, call witnesses, and respond to charges during the hearing.

Board Actions

Disciplinary actions can include fines, reprimands, probation, restricted practice, license suspension, license revocation, or mandatory education. Boards may also impose monitoring or rehabilitation programs, especially in cases involving substance misuse. Nurses often engage legal counsel when facing serious disciplinary measures to ensure their rights are protected.

Reporting and Enforcement

Board decisions are reported to national databases like Nursys and the National Practitioner Data Bank. These records track licensing actions and malpractice claims and may affect employment opportunities. Some disciplinary actions are public and become a permanent part of a nurse’s record.

Legal Remedies and Appeals

Hiring an attorney early in the process can help nurses respond to complaints, present evidence, and argue for reduced penalties. Negotiated settlements can prevent more severe outcomes such as license revocation. If the board’s decision is unfavorable, nurses may appeal through a petition for reconsideration or judicial review. Reinstatement of a revoked license is sometimes possible after a set period and compliance with board requirements.

Get Legal Help Today

Most nursing disciplinary actions involve professional conduct issues, scope of practice violations, or documentation errors. Less than 1% of nurses face these actions, but they can have long-term career consequences. Understanding the complaint process, cooperating with investigations, and seeking legal support can help protect your license and maintain your ability to practice.

Facing a nursing board complaint can be stressful, but taking timely action and working with experienced legal counsel can help you protect your career. Contact the healthcare attorneys at Dike Law Group to discuss your situation and learn what steps you can take to address the issue before it escalates.