Nurses work hard to uphold a demanding ethical standard and are well-known for being trustworthy, but once in a while, a nurse trips and makes a serious mistake.
You get a complaint and may have a weighty problem, but it can be overcome in most cases. First, look at what actions lead to losing your license and what you need to learn from the experience. When you recognize the problem, take responsibility for it, and follow through with solutions, you will be ready to find a new nursing job when your license is reinstated.
What Types of Offenses Can Make You Lose Your Nursing License?
Nurses can have their licenses removed or suspended for a variety of reasons.
A report on Nurse Professional Liability published in 2023 by the CNA and NSO (providers of malpractice insurance for nurses) revealed that professional misconduct, errors in prescribing medication, and violations of the scope of practice accounted for well over 50% of the complaints that could affect a nurse's licensure. The most common allegations fall into the following classifications:
- Professional misconduct (27.2.5% of all primary allegations), including intoxication from alcohol or drugs while on duty, boundary violations such as accepting monetary or valuable gifts from patients, or sexual/romantic relationships with patients.
- Prescribing medication (16.8%), such as failure to recognize a contraindication, the wrong dose, or the wrong patient.
- Scope of practice violation (14.4%), practicing outside the parameters of the state Nurse Practice Act.
- Treatment and care failures (12.4%), for instance, premature cessation of treatment or failure to properly and timely address medical complications or changes in condition or to maintain minimum standards of practice.
- Diagnosis (8.4%) often involves errors during the laboratory/diagnostic testing, the physical examination and history, or failure to refer the patient to a higher level of care or specialist. This shows the importance of implementing systems that support decision-making.
- Abuse of patients' rights (8%) involving sexual or emotional abuse.
- Documentation errors or omissions (6.4%) Please read this for a list of communications, reports, data, and observations that must be documented.
- Assessment (4%), including failure to complete or document a complete patient assessment.
- Privacy/Confidentiality (2.4%), sometimes stemming from accepting "friend" requests from patients on social media that lead to communications with a breach of privacy.
Understanding Nursing Disciplinary Actions: Common Measures
Nurses are held to high ethical and professional standards, and failure to meet these expectations can lead to the following disciplinary actions.
Reprimand: A formal rebuke of the nurse's behavior or actions.
Probation: The nurse may continue practicing, but any later ratified complaints will bring stricter nursing disciplinary measures.
Limited or restricted practice: The nurse may continue to practice under specified restrictions, for instance, no access to controlled substances.
Suspended practice: Suspension of the nursing license for a stipulated period, preventing a nurse from practicing during that time.
License revocation: Complete loss of license.
Fines: Monetary penalties
Mandatory remedial education: The nurse must complete specific educational courses to address deficiencies in their practice.
It is important to note that nurses may seek legal counsel during disciplinary action, mainly if it may involve a suspended or revoked license. A lawyer can provide guidance, advocacy, and support throughout the process, starting with a filed complaint and taking months or even years. Your state chapter of the ANA (American Nurses Association) or The American Association of Nurse Attorneys (www.taana.org) can help you find a nurse attorney.
How do I Get My License Reinstated After Suspension?
The process of getting a nursing license reinstated after a suspension varies depending on the reason for the suspension and the state in which the nurse is licensed. However, here are some critical steps that may help you in this process:
- Work with an experienced nursing license attorney.
- Understand the reason for the suspension: It's essential to fully understand the cause and what steps need to be taken to address the issues that led to it.
- Comply with the terms of the suspension: If any conditions must be met before the license can be reinstated, such as completing a certain amount of continuing education or receiving counseling, the nurse must comply with these requirements.
- Gather documentation: Each State Board of Nursing has its own set of rules and documents that must be completed. They usually ask for official documentation from courts or programs regarding meeting requirements. It is crucial to ensure that you have all the documentation.
- Wait until the designated time has lapsed. The State Board of Nursing will not permit a nurse to apply for license reinstatement before the suspension time has elapsed.
- Submit all documents in a timely fashion. Check for deadlines that must be met to be considered for reinstatement.
- Submit a reinstatement application: The nurse will typically need to apply for license reinstatement to the state board of nursing. This may require paying a fee and providing information about any changes in employment or contact information.
- Attend a reinstatement hearing: A reinstatement hearing will be required in many cases. This hearing allows the nurse to present their case for reinstatement to the board of nursing.
- Wait for a decision: The state board of nursing will review the reinstatement application and any supporting documentation before deciding whether to reinstate the nursing license. The State Board of Nursing may take several months to make decisions, so be prepared to wait patiently.
Yes! It It Possible to Get Your Nursing License Reinstated
While reinstating a nursing license after a suspension is complex and lengthy, it is not impossible. Working closely with an experienced nursing license attorney, nurses can showcase their commitment to their profession and demonstrate their willingness to take responsibility for past mistakes. After all, you're a nurse and know how to rise to the challenge! You are likely to succeed with the right attitude, approach, patience, and persistence.
