August 9, 2018 In Uncategorized

Nusing and Substance Abuse

Health care professionals who are unprepared, incompetent or impaired pose a significant risk to the public.   To ensure the state’s interest in protecting the people, the Minnesota Board of Nursing regulates and licenses over 118,000 nurses in the state of Minnesota.  The Board sets policy on professional practice standards, approves nursing education programs, licenses individuals and resolves complaints against licensed providers.


On September 15, 2018, the Minnesota Board of Nursing, released a report stating there currently exists as many as 3,500 actions in the process of being enforced against Nurses in the state of Minnesota.  Although the facts of each licensing complaint are specific, typically a charge will fall under one of the following 7 categories:


Practice: Failing to adhere to the appropriate standard care that is expected by the profession.  (I.e., Failing to keep proper documentation or deficiencies in skill)


Alcohol drug or health issues: Actual or potential inability to practice due to mental or physical impairment, or illness may be grounds for a licensing complaint.  Complaints typically arise from potential or actual impairment associated with using controlled substances and alcohol abuse.  Mishandling, diverting or improperly prescribing medication, may also serve as grounds for the Board to take action against a license.


Criminal Conviction: Criminal, charges, proceedings, or convictions reasonably related to the practice of nursing.


Misrepresentation or noncooperation: Providing false information to the Board or refusing to cooperate with the Board during an investigation.


Action in other states: A revocation, suspension, limitation, condition, or other action against the license stemming from another state.


Patient abuse or neglect: Physical, mental or emotional maltreatment of patients.


Unprofessional or ethical behavior: Violating the Nursing Professional Code of Ethics by crossing the providers patient relationship boundary, sleeping with a patient, sexual misconduct, and theft of a patient’s property.


Other: Failing to keep up with tax or child support or other obligations.


If you receive a notice from the Board of Nursing, do not panic.  The Board must follow due process before taking any action against your property.  Due process requires you: (1) are informed of any complaints lodged against you; (2) are given a timely notice and an opportunity for hearing; (3) have the right to an impartial decision maker; (4) have the right to a reasonable decision based on the record; and (5) the right to representation by counsel.


If you are a licensed nurse practitioner and have received notice of a complaint filed against you, you will need an attorney who is knowledgeable in the controlling law and will keep you informed during the process.  Do not become one of the 3,500 nurses with an ongoing enforcement action against their license.  Take action today by contacting Attorney Fabian Hoffner.  With the support of an aggressive attorney on your side, you can be assured your license remains protected.


For a free consultation, call 612-206-3777 to learn about your options, your rights, and to have any questions you may have answered honestly and promptly.