COMPLAINT PROCESS
I. Review of Complaint
A determination must first be made as to whether or not the facts, as alleged, violate existing laws or rules that govern the nurse’s practice. Some things, even if proven true, may not violate the Nursing Practice Act. For example, concerns about dress code or personality conflicts are not within the jurisdiction of the Board of Nursing. Sometimes a complaint does not provide sufficient information to identify the nurse in question or the reported individual is not a nurse. In these cases the Board does not have authority over that individual.
II. Inquiry/Investigation
If the complaint addresses an issue within the authority of the Board, then evidence is collected and interviews are conducted. The process used to inquire or investigate and act on a complaint may vary depending upon the seriousness of the allegations (was there actual or potential harm to a patient, or was the alleged situation minor in nature) and the timeliness of the complaint. Investigation can include requesting additional documents or information from complainants, asking the licensee to come for an interview or to respond to allegations in writing as well as full investigations with site visits and witness interviews. Investigations take time to complete.
III. Proceedings
A complaint may be resolved by:
- No further action
- Letter of Concern
- Participation in voluntary remediation
- Non published Consent Agreement
- Voluntary surrender of the license
- Voluntary participation in a Drug Monitoring Program
If the complaint is not resolved by one of the actions listed above, a Letter of Charges or Published Consent Order is issued with a sanction offer. Examples of sanctions:
- Reprimand
- Remediation
- Probation with or without restrictions on practice
- Voluntary surrender of license for a period of time
- Participation in Drug Monitoring Program
The nurse may
- accept the sanction offer or
- request a Settlement Conference or
- request an Administrative Hearing.
A Settlement Conference consists of meeting with four (4) members of the Board of Nursing for review of the case. An offer (which may be the same sanction offered in the Letter of Charges, greater than the sanction offered in the Letter of Charges, or less than the sanction offered in the Letter of Charges) is made to the nurse to settle the matter. The nurse may accept the offer and pay a Settlement Fee of $300.00.
An Administrative Hearing consists of a majority (eight or more) of the Board members hearing the case with Findings of Fact and Conclusions of Law. Witnesses are subpoenaed and sworn to provide testimony. The Hearing is much like a court room setting and the process is transcribed by a court reporter. The Board hears all testimony, goes into closed session, and upon reconvening, issues an ORDER in the matter. Should the Board dismiss the case with no formal action, there is no cost; however, if the Board issues a sanction, the nurse is assessed costs at the rate of $300.00 per hour.
SUMMARY ACTION
If an individual who holds a current North Carolina nursing license has action taken against their license in another jurisdiction, it is the policy of the North Carolina Board of Nursing to take similar action as the other jurisdiction. For instance, if a licensee receives discipline action in another state and the license is suspended in that state; upon receipt of certified copies of the discipline action the North Carolina license is also suspended.
If an individual does not hold a current North Carolina nursing license and has action taken against their license in another jurisdiction, it is the policy of the North Carolina Board of Nursing to deny reinstatement of the North Carolina license until such time as the licensee can show evidence of an unencumbered license in any and all jurisdictions in which the licensee has ever held a license.
SUMMARY SUSPENSION
Emergency suspension of a license may be commenced, if it is determined that the public health, safety and welfare may be jeopardized by the continued practice of a licensee.
ACCESS TO BOARD DISCIPLINARY ACTIONS
All Board actions are considered public information and are posted as part of the on-line verification system.