Question:
Dear Nancy,
How long does a severe reprimand stay on your license after everything has been resolved?
Dale
Nancy Brent replies:
Dear Dale,
How long a disciplinary action stays on your license depends upon the state in which you practice and the board of nursingÂ’s power and authority to expunge such information. Many states do not provide for the expungement of discipline by regulatory boards of healthcare professionals. As a result, it remains on the licenseeÂ’s record. In contrast, expunging a criminal conviction is often allowed by a state, subject, of course, to the requirements of the state, its regulations, and its rules governing this issue.
It would be important for you to consult with a nurse attorney or attorney in your state who works in regulatory law in order to obtain a specific opinion about your ability to have your discipline from the state board of nursing expunged. During the consultation, it would also be important to ask the attorney whether an expunged disciplinary action must be reported on any application for licensure in another state. Many applications for licensure will include a question about prior disciplinary actions and the outcome of that discipline. That question, or another, often asks about expungement of disciplinary actions as well. If so, one would have to answer truthfully about the discipline and the expungement.
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.
Leave A Comment