Do You Have to Respond to the NC Board of Nursing When You Receive a Complaint?
Yes, you are required to respond to the North Carolina Board of Nursing (NCBON) when you receive a complaint. However, if you have a nursing license defense lawyer, your strategy may require nuance.
The NCBON recently published guidance stating that individuals who receive a complaint must respond when prompted. The Board typically cites N.C.G.S. § 90-171.37 for its authority, which states, among other things, that the Board may discipline you for failing to respond in a reasonable manner or within a reasonable time.
If you have a defense attorney, it’s important to ask several key questions before responding.
Will Your Response Help Your Case?
Before drafting your reply, consider whether your response will be productive. If your language is argumentative or emotional, it may harm your position. Remember, this is about your career and professional license. Always assume your response could be presented to the full board during a hearing. Your reply should reflect professionalism, clarity, and respect.
What Kind of Discipline Are You Facing?
Consider the severity of the allegations. For example, if you are facing criminal charges (like murder for example) your criminal defense attorney will advise you to exercise your constitutional right to remain silent. The NCBON may learn of these charges and view them as a reflection on your professional conduct. In such cases, you are still required to respond, but the law does not specify how detailed your response must be, what format it should follow, or whether you must rebut the allegations.
An acknowledgment of the Board’s investigation could be sufficient. A vague response can protect your rights, prevent your statements from being used against you in criminal proceedings, and leave room for a fuller explanation later if necessary. This example illustrates that sometimes your personal liberty outweighs your nursing license. Weigh each aspect of your life carefully. Hopefully you are not facing murder charges.
What About Summary Suspension?
A less extreme example but still very serious scenario is a summary suspension. This occurs when the Board believes the health, safety, or welfare of the public requires the immediate suspension of your license. In these cases, the Board may have already decided on discipline before hearing your side.
If you have a lawyer, you should expect to challenge such an action at a hearing. At the hearing, you’ll have the opportunity to present evidence, call witnesses, and testify. If you know you’ll be presenting your defense at a hearing, is it wise to give the Board’s prosecutors your full defense in advance? Usually, the answer is no. Having a nursing license defense attorney to guide you through these situations is crucial.
How Should You Respond?
Your response should be tailored to the facts of your case. In some situations, it may be beneficial to submit a detailed, multi-page response with legal analysis and supporting facts. In others (especially if you don’t fully understand the circumstances leading to the complaint) it may be better to provide a brief, respectful acknowledgment and wait until you’ve had an interview with your investigator to clarify the allegations.
Regardless of your approach, always be respectful in your communications with the Board. Anger or non-responsiveness can reflect poorly on your professionalism. Most of the time, responding is the right course of action. However, the NCBON will not provide the legal nuance or guidance you need to protect your license and career. That’s why it’s essential to consult a professional license defense attorney.
If you are facing a complaint or the Board is expecting a response from you, contact Brooks Peterson PLLC at (919) 616-3317.
This is not legal advice. If you do need legal representation call the office at: 919-616-3317