Should a Nurse Self-Report to the North Carolina Board of Nursing?
Few issues create more confusion and anxiety for nurses than deciding whether they must self-report an incident to the North Carolina Board of Nursing (“NCBON”). Nurses are often told—by employers or colleagues—that they are required to report everything. That is not what North Carolina law requires. Here’s an explanation from a North Carolina nursing license defense attorney who regularly represents nurses before the NCBON.
When Is a Nurse Legally Required to Self-Report?
North Carolina law is narrow and specific.
Under N.C. Gen. Stat. § 90-171.37C, a nurse must self-report to the NCBON within 30 days of arrest or indictment in only three situations: when the nurse is arrested or indicted for a felony; when the nurse is arrested for driving while impaired or driving under the influence; or when the nurse is arrested or indicted for possession, use, or sale of a controlled substance.
These reporting obligations apply even if the nurse believes the charges are unfounded, expects dismissal, or has not been convicted. The statute is triggered by the arrest or indictment itself—not the outcome of the case.
Failing to report one of these events often creates a separate disciplinary issue if the Board later discovers the arrest through license renewal disclosures, criminal background checks, or employer reporting.
How Long Does a Nurse Have to Self-Report?
For arrests and indictments covered by the statute, the deadline is 30 days from the date of arrest or indictment.
Separately, NCBON rules require nurses to report conduct that may affect their ability to practice safely within 30 days of discovering the issue, not necessarily the date it occurred. This distinction matters when nurses learn of potentially reportable conduct after the fact.
Are DWIs Treated Differently by the Board?
Yes. A DWI arrest must be reported within 30 days, regardless of whether it occurred in North Carolina or another state. Nurses licensed in North Carolina are required to report qualifying arrests even when the charge arises elsewhere.
When a DWI is reported, the Board generally expects basic identifying information, including the date of arrest, the court and jurisdiction, the charge, the disposition if available, and any penalties imposed. Reporting a DWI does not automatically result in suspension or revocation. Outcomes depend on prior history, aggravating factors, and how the matter is handled.
Because DWIs often trigger substance-use evaluations or monitoring requirements, it is wise to obtain legal guidance before submitting a report.
What Issues Do Not Require Mandatory Self-Reporting?
Outside the three categories listed in the statute, nurses are not automatically required to self-report.
Common concerns such as a no-call/no-show, refusing an assignment, interpersonal conflicts, or isolated workplace policy violations do not, by themselves, trigger mandatory reporting. That said, employers frequently report these matters on their own, which is why nurses should be cautious even when self-reporting is not legally required.
Should a Nurse Ever Voluntarily Self-Report?
Sometimes—but not as a default.
If a nurse knows an employer complaint is imminent and has the opportunity to self-report first, doing so may demonstrate accountability and help shape the early stages of the investigation. However, voluntary self-reporting rarely eliminates discipline and often does not change required outcomes.
Importantly, everything written in a self-report becomes evidence. Long narratives, emotional explanations, or premature defenses can unintentionally expand the scope of an investigation. In most cases, a brief, factual disclosure—without admissions—is preferable, with detailed explanations reserved for later stages and provided with legal guidance.
How Employers Decide Whether to Report a Nurse
Many facilities rely on the NCBON’s Complaint Evaluation Tool (CET) when deciding whether to report a nurse. This tool evaluates the nurse’s overall practice history, experience and training, available supervision and policies, clinical judgment exercised, and credibility and accountability.
Understanding this framework can help nurses anticipate employer reporting decisions and better evaluate whether voluntary action is strategically advisable.
Does Self-Reporting Reduce Discipline?
Self-reporting may demonstrate good faith, but it is not a guarantee of reduced discipline. In some cases it helps; in others it makes no difference. In poorly handled cases, it can actually complicate matters. Each situation requires an individualized analysis based on the facts, the nurse’s history, and the applicable rules.
What If the NCBON Contacts You First?
If the Board contacts you regarding alleged misconduct, remain professional and cooperative, but avoid providing detailed written or verbal statements without guidance. Early responses often shape the trajectory of the investigation, and missteps are difficult to undo.
Speak With a North Carolina Nursing License Defense Attorney
If you are facing a complaint, investigation, or difficult self-reporting decision involving the North Carolina Board of Nursing, early legal advice can make a meaningful difference.
Brooks Peterson PLLC represents nurses throughout North Carolina in Board investigations, disciplinary proceedings, and self-reporting matters. Call (919) 616-3317 or contact us online to schedule a confidential consultation.
This is not legal advice. If you do need legal representation call the office at: (919) 616-3317