Maryland Nursing License Defense Lawyer

We all know the Maryland healthcare system could not function without the range of services provided by our nurses. Perhaps because nurses are charged with so much responsibility, the Maryland Board of Nursing can be overly zealous when investigating allegations of wrongdoing made against a nurse.

The Board has the ability to suspend or revoke a nursing license, so it is critical to provide a solid defense during an investigation and any subsequent action. A Maryland nursing license defense lawyer who understands agency procedures could help throughout the process. Guidance and representation from a knowledgeable defense attorney could protect your rights and help you work toward a positive outcome whether you are facing an investigation, preparing for a hearing, or seeking reinstatement of a license.

Grounds for Suspending or Revoking a Nursing License

The Maryland Board of Nursing can revoke or suspend a license for a wide variety of reasons. Many of these reasons are set forth in Md. Code, Health Occ. §8-316 while others are contained in the Code of Maryland Regulations.

A license may be suspended for fraudulent actions, unprofessional behavior, failure to supervise, or many other actions. Some examples of situations where the Board may revoke or suspend a license include:

  • Conviction for a felony or crime involving moral turpitude
  • Delegating responsibilities to someone lacking qualifications
  • Doing something that fails to comply with “generally accepted professional standards”
  • Fraudulently using or obtaining a license
  • Failing to report suspected child abuse
  • Withholding services from someone who is HIV positive
  • Failing to comply with CDC guidelines on universal precautions

In addition, performing duties while under the influence of alcohol or drugs or suspicion of any substance use disorder also provides grounds for suspension. However, A Maryland nursing license defense lawyer could help someone accused of wrongdoing in this area determine whether it is wise to bypass potential disciplinary proceedings and participate in a certified rehabilitation program instead.

Nursing Board Investigations and Hearings

When the Maryland Nursing Board receives a complaint, they assign an investigator to review the situation. The investigator will usually send a letter explaining the complaint and allowing the licensee that opportunity to respond. A nursing license defense lawyer in Maryland could help with drafting the response so that it fairly and accurately describes the respondent’s side of the story.

An investigation could continue for several months and will generally include at least one interview with the person accused as well as witnesses. At the end of the investigation, the findings will be submitted to the Board, who will then decide whether to pursue the matter further or dismiss the complaint.

If the Board proceeds, the licensee may request an administrative hearing. A hearing operates much like a trial, with both sides presenting evidence and cross-examining witnesses. Many licensees choose to have an attorney assist at the hearing stage, if not before.

How a Maryland Nursing License Defense Attorney Can Help

The Maryland Nursing Board exercises authority over registered nurses, licensed practical nurses, advanced practice registered nurses, certified nursing assistants, certified medication technicians, licensed electrologists, and licensed direct-entry midwives.

These medical professionals worked hard to obtain their credentials, so if proposed action by the Nursing Board could result in suspension or revocation of a license, it is important to prepare an effective defense strategy.

An experienced Maryland nursing license defense lawyer could provide assistance with the preparation of written arguments, oral defense, and understanding the process to weigh options and pursue the right course of action in a particular situation. If you are facing potential action by the Maryland Board of Nursing, you owe it to yourself to contact a knowledgeable defense lawyer for a free consultation to learn how a legal advocate could assist in your situation.