What is a NC Nursing Board Consent Order?
If you are a nurse facing possible disciplinary action from the North Carolina Board of Nursing (NCBON), one of the most important steps you can take to protect your career is to retain a nursing license defense lawyer. A settlement conference or proposed Consent Order can permanently affect your professional record, and understanding what’s at stake before you sign anything is critical.
What Is a Consent Order?
A Consent Order (CO) is a formal agreement between you and the Board of Nursing that resolves your case without a full hearing. In North Carolina, most boards—including the NCBON—are encouraged by state law (see N.C. Gen. Stat. § 150B) to handle disciplinary matters through informal settlements whenever possible.
When the NCBON offers a Consent Order, it’s essentially the Board’s attempt to reach an agreement with you about what happened, what rules were violated, and what sanctions or conditions will apply to your nursing license. While this process is “informal,” the impact can be serious.
Some Consent Order becomes part of the public record, which means future employers, credentialing agencies, and even out-of-state boards can see it. Because of that, it’s crucial to review the order carefully and ensure it accurately reflects the facts of your case. Never assume that the investigator or Board attorney will “fill in the gaps” or capture your story fairly—they weren’t there and may only see the situation through the lens of the complaint file.
The Structure of a Consent Order
Most Consent Orders follow a similar format that includes two main parts:
Findings of Fact – This section lists the facts the Board has determined to be true. These are often brief and written in neutral—or sometimes unfavorable—language. Even subtle wording choices can make you appear dishonest or reckless, so review this section carefully. If something is inaccurate or misleading, it’s worth discussing possible revisions or clarifications with your nursing license defense attorney before signing.
Conclusions of Law – This section explains which provisions of the Nursing Practice Act the Board believes you violated based on those findings. The conclusions will determine the type and severity of discipline imposed. Common outcomes include probation, suspension, or revocation of your license.
Together, these two sections create the official narrative of your case—the one that will follow you in the public record and on the NCBON disciplinary actions list.
What Are You Giving Up When You Sign a Consent Order?
When you sign a Consent Order, you are ending your case. You are agreeing to accept the Board’s findings and conclusions and giving up your right to contest them later. That means you waive your right to a hearing and to challenge the facts of your case in the future.
Many nurses sign Consent Orders under pressure or because they think they are being cooperative. Unfortunately, that can lead to serious long-term consequences—especially if inaccurate or misleading information is included in the record. Years later, when you apply for a job, renew your multistate license, or seek licensure in another state, the language in that Consent Order is what employers and other boards will see.
If you have any doubt about the accuracy or fairness of the proposed Consent Order, consult a nursing license defense lawyer before signing. Once finalized, it is nearly impossible to undo or amend.
Not All Consent Orders Are the Same
It’s important to understand that not all Consent Orders carry the same weight or visibility. Some boards, including the NCBON, offer Non-Disciplinary Consent Orders in limited situations. These typically resolve a case without formal discipline and may not appear on the public disciplinary log.
The difference between a disciplinary and a non-disciplinary order can be enormous:
Non-disciplinary orders are usually confidential and only shared between you and the Board.
Disciplinary orders become public and searchable through the NCBON’s license verification system.
If the Board offers you a Consent Order, make sure you know which type you’re signing. A professional license defense attorney can help you understand the distinctions and explore whether a less severe resolution is possible.
What Happens If You Don’t Follow the Terms of a Consent Order?
Failing to comply with the conditions of your Consent Order can have severe consequences. The Board may use your non-compliance as evidence to revoke or suspend your license in a future hearing. For example, if your order requires participation in a monitoring program, continuing education, or substance abuse treatment, missing even one step can lead to a new complaint and possible escalation.
Because of this, it’s essential that you fully understand your obligations before signing. If you’re unsure what a specific provision means—or whether it’s practical given your work or personal circumstances—ask for clarification or modification through your attorney.
Can You Negotiate a Consent Order?
Yes, you can—and often should—negotiate the terms of a Consent Order. Many nurses don’t realize that the first draft they receive from the NCBON is not necessarily final. You or your attorney may be able to request revisions to:
The Findings of Fact (to correct or clarify inaccuracies)
The Conclusions of Law (to remove or reframe certain violations)
The discipline imposed (such as reducing a suspension to probation or avoiding public posting)
Negotiation can take place informally with Board counsel or during a settlement conference with a panel of Board members. This process gives you one final opportunity to present mitigating circumstances—such as lack of prior discipline, cooperation during the investigation, or completion of remedial education.
What Are the Risks of Negotiation?
While negotiation carries some risk, it is generally far less risky than proceeding to a formal hearing. Once your case reaches the hearing stage, the Board’s attorney is not bound by any prior offers and may pursue more severe penalties. The outcome of a hearing is also unpredictable.
Having an experienced nursing license defense lawyer can make a substantial difference. An attorney familiar with the NCBON’s disciplinary process can advise you on:
What a fair settlement offer looks like
Whether a proposed Consent Order is typical for your type of case
When negotiation might realistically improve your outcome
Without legal guidance, it’s easy to accept terms that are harsher than necessary or to misunderstand what you’re agreeing to.
What If You Don’t Accept the Consent Order?
If you choose not to sign the Consent Order, you generally have two options:
Negotiate for revisions – Continue informal discussions with the Board to modify the findings, conclusions, or sanctions.
Proceed to a settlement conference or hearing – Present your case directly to Board members in hopes of a better resolution.
A settlement conference is an intermediate step that allows you to speak with a small panel of Board members (often two or three) before a formal hearing. You can explain your side of the story, provide context, and present mitigating evidence. While not every case results in a better outcome, many nurses find that this process humanizes their situation and gives them a chance to be heard.
Final Step: Talk to a Lawyer Before You Sign Anything
Once a Consent Order is signed, your options are almost always gone. Because of that, the single most important step you can take is to speak with a nursing license defense lawyer before you agree to any proposed terms.
Brooks Peterson PLLC help nurses and other licensed professionals across North Carolina understand their rights, negotiate fair Consent Orders, and minimize the long-term impact of disciplinary action. Whether you’re at the early investigative stage or have been offered a proposed Consent Order, it’s likely not too late to get help.
Your nursing license is more than just a credential—it’s your career, your livelihood, and your professional reputation. Don’t sign anything until you fully understand what it means for your future.
This is not legal advice. If you do need legal representation call the office at: 919-616-3317