First….I am a nurse. I’ve passed the NCLEX. I practiced nursing in Massachusetts for many years, and I know the how difficult nursing school is firsthand. After getting through nursing school the next step is getting a job, learning how to thrive in that job, and dealing with the many hassles and difficulties of being a nurse in Massachusetts. I cannot even imagine facing the horror of thinking that I might lose the nursing license that I worked so hard to acquire. If this is you, please keep reading this article.

Massachusetts Laws and the Board Of Nursing

Massachusetts has codified law, G.L. c. 112, and G.L. c. 112, 80B which is enforced by the Massachusetts Board of Registration in Nursing – see Standards of Conduct for some examples of regulations. As a nurse and a Massachusetts litigation attorney, I am very familiar with both the Board of Nursing regulations and the law. It is typically a violation, or an alleged violation of one of these laws or regulations that land a nurse practicing in Massachusetts in deep trouble. When a nurse receives notice that they have received a complaint from the Board of Nursing or from the Department of Public Health in Massachusetts, the complaint typically alleges some violation of either the Massachusetts law relative to nurses or the Code of Regulations enforced by the Board of Registration. 244 CMR 3.00.

An Anatomy of a Complaint with The Board Of Nursing

When a nurse receives a complaint, they will be contacted directly by the Board of Nursing investigator – usually by letter. Any communication from the Board of Nursing will include a letter by the investigator at the Board of Nursing or the Department of Public health and the complaint against the nurse. This is perhaps the most critical stage that a nurse needs to know what to do next.

Often, at this point, most nurses will think to themselves, “I’m a nurse, I’m sure if I contact the investigator, and have a conversation with them they will understand and maybe go a little light on me.” I would strongly caution anyone against having any contact with an investigator upon receipt of a complaint without first contacting a lawyer. There is simply too much at stake to operate from a sense of urgency or from a sense of relying on the goodwill of the investigator. With that said, a nurse absolutely needs to reply within the time frame given as a late response to a Board Complaint may be devestating to the nurses license.

I’ve seen far too often that many nurses will be concerned about the cost of involving a lawyer or even worrying that involving a lawyer may make them seem like they’ve done something wrong. As a result, the nurse fails to respond, or responds to the complaint late.

The analogy that I give my clients at this point is this: imagine that there is a concern for a crime that has occurred in your home. Now imagine that a detective shows up at your home and begins asking you questions. Now… imagine that the detective is very friendly, even helpful. I’m sure when criminal charges are at stake you would not be fooled by a friendly detective asking you questions. No, you would think to yourself, “I better be very careful about what I say right now, in fact I better get an attorney to make sure that I don’t say anything that could get me in trouble.” Unfortunately, when it comes to nursing complaints most nurses don’t realize how serious the complaint can be, and the effect that the investigation into the complaint can have on your license.

Remember, your Massachusetts nursing license is at stake. Any response you make to a complaint by the Board of Nursing in Massachusetts will be on the record and will be used by the investigator to decide whether or not they want to pursue the claim against you and recommend your case for further action, that is, disciplinary action. Any Massachusetts nurse who has received a complaint by the Board of Nursing or the Department of Public health immediately needs to contact a lawyer. I have a great deal of experience in this area and will help you fashion a response to your complaint that is appropriate and minimizes the risk of providing detail that is not necessary to provide.

Common Issues that Could Result in a Disciplinary Hearing by The Board of Nursing in Massachusetts

Nurses in Massachusetts typically get nursing complaints lodged against them related to alcohol or substance abuse on the job, or affecting them on the job, disciplinary actions levied by a Board of Nursing in another state, fraudulent or dishonest activity- for example, documentation or other activity that is misleading or dishonest, violations of privacy, medication errors, allegations that the nurse acted in a way that lacked moral character, or failing to adequately monitor their patient.

Again, having been a nurse for many years in Massachusetts, I know all too well how much pressure nurses face day-to-day. Not only are the pressures caused by the demands of their patient’s high, but excessive patient loads and demands by management can be overwhelming if not outright ridiculous. I believe that as an attorney who was once a nurse (still am, technically) I am uniquely prepared to have deep insight into what a Massachusetts nurse experiences day-to-day, whether that be in a hospital, a nursing home, home health care or some other nursing environment. Given that intimate knowledge, I can help you craft a response to a complaint and stand by you throughout the process, even appearing at a Nursing Board hearing should one be necessary.

Defending a Nursing License at a Disciplinary Hearing Before the Board of Nursing

As with any hearing, preparation is the key. I will see you through the process of gathering necessary records, documentation, and anything that would demonstrate that you have complied with Massachusetts nursing regulations and law. It is also highly important to consider whether a witness might be available to bolster your side of the story. You will want to work with your attorney to make sure that you have vetted witnesses that can be useful to your case, should the process proceed to the prosecution stage and towards disciplinary action. Additionally, It may be necessary to hire an expert witness to explain some of your actions. The expert witness and their testimony would be very useful at the hearing as their expert testimony might just tip the scales in your favor. Keep in mind that not all complaints result in a disciplinary hearing. I have had a number of instances where a complaint simply resulted in a huge headache for the person involved, but in the end, where there was a strong lack of evidence or strong supportive evidence to counter the complaint, the original complaint was simply dropped after a period of time.

What Are My Options as a Nurse Facing a Complaint?

There are basically three possible outcomes for a nurse in this situation:

• 1. A disciplinary hearing at which you will have the opportunity to defend yourself, without comes ranging from permanent revocation of your license to a slap on the wrist.
• 2. Settlement. It is sometimes possible to settle these cases and come up with a solution that makes both sides comfortable, for example increase training, attending therapy or rehabilitation in some cases, etc.
• 3. Dismissal. Obviously, this is the best outcome, dismissal of the complaint entirely.

Why Choose a Nurse Who is a Lawyer to Defend Me against a Nursing Complaint?

Well, the answer to this question is probably obvious, I know exactly what it is like to practice as a nurse. I have worked on the floors, wasted the medication, responded to the codes, and lost my mind on many an occasion working in nursing. Once again, this insight allows me to present a defense that is reasonable and, in some cases, allows me to shape a response to the complaint that might stop the complaint in its tracks.

What Should I Do If I’ve Had a Nursing Complaint Filed Against Me?

If you have had a nursing complaint filed against you in Massachusetts, contact my office immediately. The consultation is free, and I will provide you with initial guidance and suggestions to get you through this process.

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The information provided in the pages and posts of this website are for general informational purposes only. The information presented on this site is not legal advice, and no attorney-client relationship is formed by the use of this site.