Nursing License Disciplinary Hearing in Maryland
Nurses in Maryland work hard to obtain their licenses and to maintain certifications. So, if you receive a Notice of Agency Action letter from the Maryland Board of Nursing, it is only natural to feel worried, frustrated, confused, or all three.
Fortunately, nurses do have the ability to contest the findings of the agency by requesting a nursing license disciplinary hearing in Maryland. Because of the complexity of a hearing and the severity of the consequences, many nurses choose to work with an experienced nursing license defense attorney in preparation for a hearing.
Responding to the Notice of Agency Action
Although it may seem like a definitive document, a Notice of Agency Action from the Maryland Board of Nursing is not a final decision. Instead, it is essentially a list of alleged violations which could provide grounds for suspension or revocation of a nursing license.
Nurses or other medical professionals subject to oversight by the Maryland Board of Nursing have 30 days from the receipt of a Notice of Agency Action to write to the Board to request a nursing license disciplinary hearing in Maryland. The hearing request should be sent to the Discipline and Compliance Department.
It is important to include current contact information so that information about the hearing will be received in time. The nurse seeking a hearing bears the burden of informing the agency if there is a change in contact information.
The Settlement Conference
In most cases, the Board will hold a settlement conference with the nurse accused of violating rules. Although the conference is considered an informal fact-finding proceeding, the nurse is entitled to be represented by legal counsel during the conference.
The goal of the conference is to reach a settlement and avoid the need for a full nursing license disciplinary hearing in Maryland. If an accused nurse disagrees with the resolution proposed by the Board, the nurse may instead move forward with the hearing process.
What to Expect from the Hearing
In some respects, a disciplinary hearing is like a criminal trial. However, because it is an agency matter, and the agency is focused on protecting public health, the accused individual does not receive the benefit of some of the protections provided in criminal trials.
In a nursing license disciplinary hearing in Maryland, a prosecutor will offer evidence to support the allegations against the nurse. The accused professional or their attorney has the opportunity to cross-examine witnesses and present evidence to refute the charges. The subject of the hearing does not have the right to avoid self-incrimination as in a criminal trial. Failure to testify can be used against the accused.
At the conclusion of the hearing, the Board may suspend or revoke a license, or take other actions. The medical professional has the right to appeal the Board’s findings in court. An accomplished lawyer could help an individual facing a disciplinary hearing.
Call For More Information About Nursing License Disciplinary Hearings in Maryland
Nurses and other medical professionals who receive a Notice of Agency Action from the Maryland Board of Nursing need to be aware of their rights. A nursing license disciplinary hearing in Maryland can provide a valuable opportunity for someone accused of violating rules to defend their actions and present their version of events.
In some situations, a nurse may have alternative options available, such as when a suspension or revocation is due to a mental health issue or substance abuse problem. Participation in a rehabilitation program could circumvent the need for a nursing license disciplinary hearing, but there could be potential drawbacks to this solution, so consultation with an experienced attorney is advised.