
The West Virginia Nurse
Disciplinary Process
It all starts with the Complaint. Somebody, whether it be a co-worker, supervisor, charge nurse, director of nursing, a mandatory reporter, family member, patient, patient’s family or advocate, pharmacy, hospital, travel agency, police, self-report or another state agency, files a complaint with the Board and when done the process begins. The complaints can be submitted by fax, in the mail or through the Board’s website. But once filed, you’ll be notified via certified mail of all the allegations.
And that is when you should call my office. When you get that certified letter, do not wait, get in touch. And it is also at that moment that you will be under investigation until the matter is resolved. The Board has trained investigators who will pull your employment records, medical records and even patient files to determine if the charges against you can be factually supported. Investigators will call witnesses to get statements and the investigator may insist that you submit, in person or by phone, to an interview.
The Nursing Board’s investigator gathers evidence from interviews and documents and then submits a report to the Disciplinary Manager. From there, your case is reviewed by the Disciplinary Manager and a determination is made whether to seek discipline or to dismiss the case. If the Board seeks to discipline your license it can do that in many ways including Consent Agreements, Suspension from practice between 1 -5 years, Probation, and in some cases Revocation.
Discipline has consequences and you need to be sure that you understand all the possible ramifications of anything the Board wants you to sign. Discipline is permanently reported to NURSYS and on the Board’s certification section on its website. And your case may also be reported to the National Practitioner’s Data Base, or law enforcement or other governmental agencies.
As a good nurse you do not want this moment in time to impair your ability to earn a living and to work in the profession you love. Know this though, if you bring my office into the matter the Board will communicate with me about your case and not you. If they want to interview you, I will participate. If they seek documents from your employer, we’ll review whatever they get. And, working together, we’ll answer the Board’s charges all in an effort to minimize the impact of the complaint on your license.
And if the West Virginia Registered Nurses Board seeks such discipline that you do not believe is right, you can fight it through an administrative hearing. I want to be there to help you, which is why I strongly urge you to contact your nurse license defense attorney before signing anything, agreeing to anything or submitting a response to the charges.