How to Handle a Board of Nursing Complaint
Nurse receiving a Board of Nursing Complaint
Nursing can be tough. Nurses are an important part of health care beyond hospitals and health clinic settings, but also in Home Health Care Agencies and Long Term Care Facilities. Being on the front lines of health when patients and families are most stressed, makes them an easy target for complaints. Stress and bad behavior, being contagious, sometimes also creates conflict between nurses themselves. When stress reaches a boiling point, sometimes complaints are filed against nurses.
Notification of the complaint against a nurse will come from the Colorado Department of Regulatory Affairs (“DORA”), Colorado State Board of Nursing. If a complaint is filed against a nurse, understanding the following will help them respond.
Prepare a Detailed response and Don’t Miss the Deadline
The Nurse will have 30 days to provide a written response to the complaint. The written response should include enough information to help the Board of Nursing (“Board”) investigators to understand the context of the situation surrounding the complaint, and should provide records and other documents to help verify the circumstances. As most complaints arise out of a misunderstanding, the response can be very helpful in helping the Board understand the circumstances.
Nurses give their all on the job, and a Board of Nursing complaint is often quite hurtful. A nurse’s license and livelihood is on the line. As a result, the targeted nurse often wants to justify and explain much more than is helpful to the Board investigators. The result can be an emotional and unfocussed response that confuses the investigators or misses the important legal standards that guide the assessment of a nurse’s professional competence. It is recommended that nurses, with so much at stake, get some help from an attorney when drafting their response.
The law and regulations that apply are C.R.S. § 12-255-119, dealing with Board of Nursing disciplinary procedures, and the processes to be followed by inquiry and hearing panels.
Await Board's Decision
While the response must be filed within 30 days, the Board of Nursing may take considerably longer. They will conduct an investigation that involves interviews and document reviews that could take some time.
The Office of Investigations receives 500-600 cases a year. The average time to complete a case is 6 to 8 months depending on the complexity, witness cooperation and caseload of the investigator.
Questions & Answers Concerning the Complaint Against Your License. Colorado Department of Regulatory Agencies.
However, once the Board has reached a conclusion, they will issue a decision determining what, if any, actions are necessary, and whether a license suspension, fine, or other form of disciplinary action is appropriate.
The investigators will issue a Report of Investigation to the Board of Nursing and the nurse will be informed in writing of the Board's decision regarding the disposition of the complaint.
That decision may fall in one of several directions:
Dismissal
If the Board finds that no violation occurred or that disciplinary action otherwise is not warranted, the case will be dismissed.
Dismissal with Letter of Concern
If the Board finds that disciplinary action is not warranted, but that it has concerns about the conduct at issue, it may dismiss the case with a confidential letter of concern.
Disciplinary Action
If the Board finds that a violation occurred, it may impose discipline, including but not limited to a public letter of admonition, a probationary license, a suspension or a revocation. If the Board determines that discipline is necessary, the case will be referred to the Office of Expedited Settlement (ESP) for settlement and/or the Office of the Attorney General (OAG) for formal prosecution is an agreement (settlement) is not reached within 90 days.
The OAG will file a case with the Office of Administrative Courts where an administrative law judge will determine whether the charges are proven.
The decision of the administrative law judge can be appealed to a higher court if the nurse feels the findings are incorrect.
Dealing with a Board of Nursing complaint requires diligence, attention to detail, and an understanding an adherence to regulations. By understanding the process and responding promptly and appropriately, nurses can effectively navigate the situation and protect their nursing licenses.
The information herein is intended to be educational and an introduction to the subject matter presented. It is NOT specific legal advice to be relied upon for specific individual circumstances. Contact your own legal professional or reach out to our firm if you would like specific advice on this topic.
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