Licensing with the Board of Registration in Nursing
There are those rare instances where an applicant for a nursing license has an issue with their application that is not clear. In even rarer cases, communication between the applicant and the Board of Registration in Nursing (BORIN) deteriorates leaving the applicant in a state of limbo.
In those rare cases, Progressive Law is here to help regain communication with the BORIN in order to aid in the completion of the application process. Progressive Law has a proven ability to reach out to the BORIN for clients stuck in the state of limbo while awaiting licensing approval allowing them to achieve their dream by being licensed as a nurse.
Representation on Complaints with the Board of Registration in Nursing
Often times nurses face accusations from patients, employers, pharmacies, and other nurses. These complaints are filed with the Board of Registration in Nursing, which “protects the health, safety, and welfare of the citizens of the Commonwealth through the fair and consistent application of the statutes and regulations that govern nursing practice and nursing education.”
Progressive Law offers persuasive and pragmatic legal representation to your issue before the BORIN. It is our goal to reach an acceptable resolution as quickly and efficiently as possible in order to allow you nurses, or nursing facilities to continue to provide nursing services.
COMPLAINTS
Often times nurses face accusations from patients, employers, pharmacies, and other nurses. These complaints are filed with the Board of Registration in Nursing, which “protects the health, safety, and welfare of the citizens of the Commonwealth through the fair and consistent application of the statutes and regulations that govern nursing practice and nursing education.”
What you need to know if a complaint is filed against your license?
First, consult a licensed attorney who can explain your legal rights. It is imperative that you consult with an attorney prior to your direct communication with the BORIN investigators in order to give the most advantageous response. This begins with the initial Response to the Notice of Complaint. The facts must be explained in a manner that is clear and not done in a manner that jeopardizes your nursing license.
A complaint can be filed against a nurse who may have violated standards of professional conduct. The actions set forth in 244 CMR 7.00: Action on Complaints sections 04(1) through (6) constitute disciplinary actions the Board may impose on any license to engage in the practice of nursing in Massachusetts or APRN authorization, or both, or on the right to renew such license. Except as provided by 244 CMR 7.05, the Board may only impose disciplinary action as part of a final decision or order issued in connection with the adjudication of a complaint, or under the terms of an agreement entered into between a nurse licensed by the Board and the Board in resolution of any complaint. Disciplinary action depends on what the Board determines is necessary to ensure that a nurse’s unsafe behaviors or practice deficiencies are remediated. To remain licensed, nurses must demonstrate that they are able to practice in a safe and competent manner.
For definitions of the disciplinary actions taken by the Board, view the Board regulation at 244 Code of Massachusetts Regulations 7.04.
Grounds for complaints may include:
- Negligence
- Practice beyond the scope of licensure
- Fraud
- Obtaining a license by fraudulent means
- Practicing while impaired by alcohol or drugs
- Sexual misconduct
- Practicing while license is expired
- Practicing without a license
- The Board does not investigate issues related to billing and fee disputes.
You have rights
The U.S. Constitution and state administrative law protect the due process rights of a nurse against whom a complaint is filed. You are presumed innocent until proven guilty and have a constitutional right to keep your license (your property interest) until the Board’s complaint resolution proceedings are complete. During these proceedings, you have legal rights that include:
- Right to legal counsel
- Right to contest the allegations
- Right to certain notices
- The opportunity for a full administrative hearing
The Board must prove the allegations by a preponderance of the evidence before taking any action against your license.
Summary of complaint process
The National Council of State Boards of Nursing (NCSBN) has produced a video Board of Nursing Complaint Process: Investigation to Resolution that may help you understand the complaint process.
NCSBN is an independent, not-for-profit organization through which boards of nursing act and counsel together on matters of common interest and concern affecting public health, safety, and welfare.
Open and closed complaints against your license
Open complaints
During the Board’s investigation and complaint resolution process, details of a complaint are not made public except for the existence of the complaint pending and the date it was filed. The intent is to ensure the integrity of the investigation.
Closed complaints
Consistent with Massachusetts General Law, Chapter 66 regarding Public Records, all information about closed complaints is public, except for the name of the complainant, and any patient identifying information.