Question:
Dear Nancy,
I recently received a nursing board reprimand and fine. The disciplinary action is noted as “permanent.” Is there anything I can do to change that status once I have met the board’s requirements? Will I need a nurse attorney or attorney to represent me to change my status once my obligations are completed?
Also, how do I address the discipline on my license to employers? I have not been able to obtain a job. How do I find out who has viewed my license and data bank information?
Dear Nancy,
I recently received a nursing board reprimand and fine. The disciplinary action is noted as “permanent.” Is there anything I can do to change that status once I have met the board’s requirements? Will I need a nurse attorney or attorney to represent me to change my status once my obligations are completed?
Also, how do I address the discipline on my license to employers? I have not been able to obtain a job. How do I find out who has viewed my license and data bank information?
Millie
Nancy Brent replies:
Dear Millie,
What the stamp “permanent” means on your nursing license is something only a nurse attorney or attorney who defends professionals in disciplinary proceedings in your state will be able to advise you about. The attorney also will be able to tell you what proceedings are in place, if any, to change your status once you have met the board’s requirements.
Insofar as how to deal with the discipline with employers, the attorney can speak to that issue as well. Be aware that in many states, this information is readily available to anyone, including employers, on the board of nursing Web site.
In addition to the state boards Web sites, the National Practitioner Data Bank and the Healthcare Integrity and Protection Data Bank, established through the Health Insurance Portability and Accountability Act of 1996, requires information on specific final adverse actions (e.g., licensure discipline, exclusions from federal or state healthcare programs) taken against healthcare practitioners, providers, and suppliers be reported to them. The general public does not have access to the reports in the data banks, but hospitals, healthcare entities, state licensing boards, a healthcare provider seeking information about himself or herself, and others have access.
There is no question that a prospective employer will check the data banks to determine whether there have been any adverse actions taken against an applicant or current employee (employers are required to check the data banks yearly for current employees). In short, you can assume, at least theoretically, that wherever you have applied, that employer has checked the banks for information about you. The legislation intended to close the gap against those healthcare providers who had adverse actions taken against them but did not disclose those actions to new employers or to new state boards of nursing when applying for license in another state, as examples.
You can learn more about the data banks online at www.npdb-hipdb.hrsa.gov. Included on the Web site are instructions on how to seek information about yourself if you are a healthcare practitioner, FAQs, and other helpful information.
Dear Millie,
What the stamp “permanent” means on your nursing license is something only a nurse attorney or attorney who defends professionals in disciplinary proceedings in your state will be able to advise you about. The attorney also will be able to tell you what proceedings are in place, if any, to change your status once you have met the board’s requirements.
Insofar as how to deal with the discipline with employers, the attorney can speak to that issue as well. Be aware that in many states, this information is readily available to anyone, including employers, on the board of nursing Web site.
In addition to the state boards Web sites, the National Practitioner Data Bank and the Healthcare Integrity and Protection Data Bank, established through the Health Insurance Portability and Accountability Act of 1996, requires information on specific final adverse actions (e.g., licensure discipline, exclusions from federal or state healthcare programs) taken against healthcare practitioners, providers, and suppliers be reported to them. The general public does not have access to the reports in the data banks, but hospitals, healthcare entities, state licensing boards, a healthcare provider seeking information about himself or herself, and others have access.
There is no question that a prospective employer will check the data banks to determine whether there have been any adverse actions taken against an applicant or current employee (employers are required to check the data banks yearly for current employees). In short, you can assume, at least theoretically, that wherever you have applied, that employer has checked the banks for information about you. The legislation intended to close the gap against those healthcare providers who had adverse actions taken against them but did not disclose those actions to new employers or to new state boards of nursing when applying for license in another state, as examples.
You can learn more about the data banks online at www.npdb-hipdb.hrsa.gov. Included on the Web site are instructions on how to seek information about yourself if you are a healthcare practitioner, FAQs, and other helpful information.
Cordially,
Nancy
Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.
