If you are facing a disciplinary hearing before the Minnesota Board of Nursing, you are probably worried about what to expect, and how a disciplinary hearing will affect your reputation, your job, and even your future in nursing. Like most nurses, you are dedicated to your work and your patients. Being asked to defend your actions before the Board may feel not just like a professional inquiry, but an attack on your character.

Having to attend a disciplinary hearing can bring up a lot of emotions: anger, fear, shame, worry, and shock. When emotions are high, it can be hard to make good decisions. That’s just one of the reasons you need an attorney on your side before attending a disciplinary hearing before the Minnesota Board of Nursing or the Board’s Review Panel.

Nurse attorney Jackie L. Russell is not only an attorney; she practiced as a registered nurse for years, in a variety of settings. She understands what you are facing in a way that only someone with extensive nursing experience can. In addition, she worked as an attorney and Nurse Practice Specialist for the Minnesota Nurses Association for nearly six years. For part of that time, she also served as in-house general counsel for the union that represents over 22,000 nurses throughout the Upper Midwest. Jackie is uniquely well-equipped to help you navigate the disciplinary hearing process. Contact Jackie L. Russell today.

Understanding the Minnesota Nurse Disciplinary Hearing Process

The Minnesota Board of Nursing has an established process to identify and address possible violations of the Minnesota Nurse Practice Act. That process begins when someone with knowledge of the nurse’s conduct makes a complaint to the Board. If there is reason to believe the actions constitute a violation, a staff person will investigate. If the initial investigation warrants a further look, the nurse will be notified of the investigation and given a chance to respond at that point. It’s best to have an attorney’s advice before responding, even in writing.

A Review Panel consisting of a Board member and staff may schedule a meeting to discuss the complaint; your attorney can prepare you for this meeting and attend with you. The best possible outcome at this point is a dismissal of the complaint altogether. Another possibility is that you and the Review Panel reach an agreement for additional education (Agreement for Corrective Action), or some form of discipline against your license.

If you are not able to reach an agreement, the next step is a disciplinary hearing before an Administrative Law Judge (ALJ). At this hearing, both you and the Board of Nursing will have the opportunity to present evidence supporting your argument, including witness testimony. In many ways, this contested case hearing may feel like a trial.

When the disciplinary hearing is over, the ALJ will issue a proposed decision containing findings of fact and recommendations about what, if any, disciplinary action should be taken. The Board of Nursing will review the proposed decision. They may accept it as written, modify it, or reject it. The final decision of the Board of Nursing may impose one or more of the following types of discipline:

  • Reprimand or formal censure
  • Civil penalty, such as a monetary fine
  • Limitation of the nurse’s scope of practice, such as being required to work under supervision
  • Imposing conditions in order to keep a nursing license, such a submitting regular reports from a supervisor or undergoing periodic evaluation
  • Suspension of nursing license for a specified period or an indefinite length of time
  • Revocation of nursing license in the most serious cases. A revoked license is unlikely to be reinstated.

In cases where there is an imminent risk of harm to patients, a nurse’s license may be temporarily suspended even before a disciplinary hearing, in the interest of protecting patient safety. Otherwise, discipline takes effect after the Board of Nursing issues its final decision. In some cases, if the outcome of the case may be appealed.

Work with a Skilled Minnesota Nurse Attorney

Facing a disciplinary hearing can be intimidating, even if you are convinced that you are in the right. You don’t have to do this alone, and you shouldn’t. No one can guarantee you a good result in a disciplinary hearing, but having the help of an experienced nurse attorney can make the process easier and improve the likelihood of a favorable outcome.

Nurse attorney Jackie L. Russell’s unique combination of experience enables her to prepare you for a disciplinary hearing, advise you regarding your options, and advocate effectively on your behalf. Contact Jackie L. Russell to get the help you deserve in a nursing disciplinary matter.