Question: What types of issues come before the State of Georgia Nursing Board?

Answer: Below are some common issues the Board handles. Many of these issues may overlap, as most of this conduct also constitutes a crime.

1. Mishandling/misuse of drugs. This includes diverting medications intended for patients, taking medications for your own use, failing to document or inventory medications correctly, or submitting unauthorized prescriptions to pharmacies.
2. Sexual misconduct. This could include allegations of inappropriate sexual relationships with patients or sexually harassing colleagues.
3. Patient abuse or neglect. If a nurse physically, verbally, or mentally abuses a patient, or fails to provide them with timely or sufficient treatment, this could result in the loss of the nurse’s license.
4. Fraud. This may include allegations of falsifying patient records, misrepresenting credentials like education credits or diplomas, sending incorrect or inflated bills to insurance companies, etc.
5. Criminal convictions. Many convictions can disqualify nurses from practicing (such as driving under the influence or drug possession). Importantly, you can also lose your license if you do not disclose a past conviction (see below for more on the license renewal process).

Question: What happens when a complaint is filed against you?

Answer: If a complaint is filed against you with the board of nursing, the Board will review the complaint and open an investigation. If the allegations are serious, the board can issue an emergency temporary suspension of your license during the disciplinary process. Depending on the allegations, an investigator may be appointed to gather all necessary information, including documents, witness testimony, etc. The board may also ask you to submit a written response to the allegations in the complaint, along with any supporting evidence. The board will then decide whether there is enough evidence to support the allegations against you and move forward.

The Board may offer a consent order, allowing you to accept penalties without a formal hearing. The consent order typically involves admission to the wrongdoing and submitting to the disciplinary action recommended. If you decline, a formal hearing will be held, and disciplinary actions may follow. If no consent order is agreed to, you will be asked to appear at a formal hearing to defend yourself against the charges. After the hearing, the board will make a final determination. This could range from public reprimand to the suspension or revocation of your license. Even a minor disciplinary action can become a matter of public record, affecting your career and permanent reputation. It is critical to have a qualified attorney guiding you through this process.

Question: Why hire a nursing license defense attorney?

Answer: When a complaint is filed against you, the board of nursing does not consider you innocent until proven guilty, immediately putting you at a disadvantage. The Nursing Board’s primary goal is to protect the public, not defend nurses. With your career at stake, navigating the complexities of an investigation without legal assistance can be risky. Retaining a nursing license defense attorney ensures that your rights are protected, representing your best interests every step of the way.

Question: What if you are concerned about the license renewing process?

Answer: If you’ve been arrested or convicted since your last renewal, you need to proactively address these issues with the board. Building a mitigation packet and addressing any concerns early can significantly increase your chances of renewing your license without penalties. At Conaway & Strickle, PC, we are experienced in working with professionals to mitigate adverse Board actions related to arrests, substance abuse, and mental health issues. We can assist with not only getting your criminal case reduced or dismissed, but also renewing your license without sanctions.

Question: How can a DUI affect your nursing license in Georgia?

Answer: A DUI conviction in Georgia can result in probation and other penalties, such as random alcohol screenings, mental health evaluations, and restrictions on your nursing practice. These probationary conditions can last for years, depending on the severity of the case.

Below is a list of common probationary conditions that can be place on you following a DUI or an impaired driving under the influence of drugs charge in Georgia.

• Three years minimum probation (must be three years of continuous compliance, so the probationary period could be extended if you slip up)
• Psychotherapy Evaluation by a physician board certified in addiction medicine
• Psychotherapy Course of Treatment completion
• Quarterly Reports from Psychotherapist
• Mental and Physical Evaluation, with favorable finding pertaining to ability to perform duties
• Continuing Education Coursework
• Quarterly Reports from Employer
• Quarterly Reports from yourself
• Quarterly Reports from a Substance Abuse Treatment Aftercare program approved by the Board of Nursing
• Monthly PEth (blood alcohol) testing for first 12 months
• Bi-monthly random urine drug screens for duration of probationary period
• Random alcohol screens
• Enrollment in an Affinity Program, like the one offered by the Georgia Nurses Association
• Restrictions on nursing practice, often including an inability to practice in the following areas without prior Board of Nursing Approval: Agency/Pool Assignments; Private Duty Nursing; In-Home Nursing; Internal Float Pools; Travel Nursing; In-Home Hospice.
• Abstaining from alcohol, and mood-altering substances, including controlled substances unless prescribed.
• If prescribed any medication, providing a letter from the prescriber to both the Board of Nursing and the treatment/aftercare provider within 10-days of receiving such subscription.

Conclusion

If you’re facing challenges related to your nursing license, it’s important to act quickly. With the complexities of nursing board investigations and the potential damage to your reputation, having an experienced nursing license defense attorney is crucial. For more information, contact us today.

The Georgia Nursing Board regulates:

Licensed practical nurses (LPNs) Registered nurses (RNs) Nurse practitioners (NPs) Certified registered nurse anesthetists (CRNAs) Clinical nurse specialists (CNSs)

Certified nurse midwives (CNMs) and Certified Nurse Specialist and Psych/Mental Health NP (CNS – PMH)

What if I have been arrested?

If you have been arrested in GA or another state, you must report it. So whether you have made a court appearance or not, or whether the charge was ultimately reduced or even dismissed your case, you still must report the arrest to the Board of Nursing when you apply to renew your license. The question generally asked, upon renewal, is something like, “Since the date of initial licensure or your last renewal, have you been arrested?” Contact us to discuss how and when to answer this properly. It is much better to answer this properly the first time.

What if I have been arrested for a DUI?

A DUI is a misdemeanor offense in GA and thus arrests for a DUI must be reported. In the context of a DUI arrest, it is also very important in your explanation that you go through detail of what occurred so that the Board can adequately address any substance abuse issues they might be worried about. Note, that again, it is super important to be careful on what is written in this narrative. A false or misleading statement to the Board can result in more problems that only exacerbate the issue.

What if substance abuse has been alleged?

If an investigation has been initiated against you because you are suspected of drug or alcohol dependency, you need to take this very seriously.

What is a crime of moral turpitude?

Being convicted of a crime of moral turpitude will automatically require the Board to get involved and potentially deny renewal of your license. The Georgia Nursing Board doesn’t specifically list out what a crime of moral turpitude is. Generally, they are cases involving violence (simple battery, child cruelty, aggravated assault…), fraud, drug possession, etc. This is not an inclusive list. Please feel free to contact us for further information.

What is the Georgia Board of Nursing Investigation Process?

(NOTE: the Board will, on its own, send investigation letters in reference to finding about unreported convictions) Otherwise, the process generally begins by the Board receiving a complaint. It can be from a coworker sent anonymously, or an employer, or perhaps a patient. Once the Board receives the complaint, it is investigated and you are notified of the complaint and are asked for your version of the event(s).

Should you receive a letter from the board for any reason, contact us to discuss your options. Do not call the Board and ask for more detail. The call is always recorded. Also, do not just agree to a proposed consent order requiring you to do a plethora of things to keep your license, put you on probation, suspend your license etc. Contact us so we can ensure that all options are explored and all issues are properly resolved.

If things are not resolved, they may ask to meet in person in Macon. This could be an informal meeting OR the Board may request a formal Disciplinary Hearing. It is imperative to hire a lawyer at this stage.

Meg Strickler has handled many cases before the Board. She has represented nurses charged with diversion of narcotics, nurses charged with DUIs, and nurses that were under investigation for various other issues,. She has always gotten excellent results. Contact us now for more information.