Will I be notified if a complaint has been filed against me?
You will be notified if a case is opened for investigation or if the Board needs additional information. In most cases, the nurse will be notified through the mailing or email address on file with the Board. All correspondence related to the investigation will be sent to the address on file; therefore, it is important to keep your address current in the Nurse Portal.
How long will it take the Board of Nursing to conduct an investigation?
The process used to inquire or investigate an act on a complaint may vary depending upon the seriousness of the allegation(s) and the timeliness of the complaint. Investigations take time to complete. It may take a number of weeks to months depending on the complexity and seriousness of the alleged conduct, the ability to locate witnesses, and the response time for record requests.
Can a nurse under investigation work while the investigation is being conducted?
Yes. The nurse continues to hold an active license to practice until final action is taken.
Should an Attorney be retained?
The nurse has the right to hire an attorney during any phase of the investigation. If the nurse elects to retain an attorney, the nurse will be responsible for ensuring that their attorney provides the Investigator with a Letter of Representation on company letterhead. At the time the Letter of Representation is received, the communication will be between the Board and the attorney.
If I'm under investigation, will I get a chance to speak with an investigator?
A nurse is afforded the opportunity to respond to the allegations made against him or her and to offer evidence to be considered to show compliance with the Nursing Practice Act. A nurse may provide this information by participating in an interview and may also be asked to submit a written statement.
If I receive disciplinary action, will it be public information permanently?
Yes. All disciplinary action taken by the Board is public information in accordance with the Public Information Act - GS 132-1. Discipline posted against a nurse's license is not removed.
If I am being investigated, can I see the records and documents the Board has gathered in my case?
If a nurse wishes to review the documents collected as evidence, he or she may review these documents at the Board office during the licensee's scheduled interview. These documents will not be copied or made available unless the matter becomes a contested case.
If, while under investigation, I no longer wish to practice nursing, can I surrender my license?
In some cases, the nurse may have the opportunity to surrender his or her licensee. The licensee should discuss with the investigator if their case qualifies.
Can I appeal a Board's decision?
Yes. The nurse may be eligible to meet with the Board for either a Settlement Committee meeting or request the matter to be referred for an Administrative Hearing. Appeals to Administrative decisions are heard in Superior Court in the county of the residence of the licensee or in Wake County.