How can I get a state board to remove a disciplinary action on my name from NURSYS?

By | 2022-05-05T11:53:08-04:00 August 27th, 2014|4 Comments

Question:

Dear Nancy,

I was a nurse manager in 2004 at a facility where there was a drug addicted physician who had been under investigation for quite some time. The physician was eventually arrested and charged with numerous things. Unfortunately, I worked for her. I believe to get the heat off of herself, she claimed I forged a refill on a script she had given me for Ativan. I was arrested for fraud. I retained an attorney who advised me that the pretrial intervention program was the fastest way to resolve the issue. I reported this to the board myself and was rather surprised when they did not advocate for me.

To make a long story short, the nursing board said that they did not have to expunge this incident although there is no record anywhere else. It took me many years to finally have it removed from my license, which is clear at this time.

It was reported in NURSYS and as of 2010 my license shows up as having a disciplinary action. When I apply for jobs in surrounding states, the state boards say the disciplinary action was obtained in NURSYS. My board says they never remove anything from NURSYS once it’s put there.

NURSYS says my state board has to take action to have it removed, but my state board ignores my emails and phone calls. This is negatively impacting my career. Any suggestions on how to get this off NURSYS since I never was convicted and it’s legally been expunged.

Lois

Dear Nancy replies:

Dear Lois,

You certainly have been through a lot with this incident that occurred in 2004 and is still haunting you. Unfortunately, once something is placed in a national database, it is difficult to remove, and this is especially troublesome when the information is incorrect.

NURSYS clearly takes the position on its website that since all of the information comes from state boards of nursing, it is the nurse’s responsibility to contact the board to update information on its website. You can see this at www.nursys.com, click on the HELP tab, then FAQs in the drop-down menu. Your question indicates you tried to contact the board in your initial state of licensure but to
no avail.

Your best bet would be to retain a nurse attorney or other attorney in your initial state of licensure who can utilize whatever process is available there to get the incorrect information changed and also to have the corrected information sent to NURSYS. Your attorney will probably need to contact the board’s attorney so the two can work on this issue. Your attorney should be able to obtain the name of the board’s legal counsel when contacting the board’s office.


Sincerely,
Nancy

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4 Comments

  1. Avatar
    Ellyn October 8, 2021 at 1:05 pm - Reply

    My NURSYS report is a mess. I went to treatment at a time where it was reported to board but I wasn’t even practicing (1991) When PDB picked up that I had other licenses prior they suspended them as well, since I graduated. Should I talk to my state board in Virginia or NURSYS? These are old, I am in recovery and reinstated in Virginia and Georgia where I reside now. I am in process of reinstating NP license in Va first then endorsement in Ga where I live. It’s just overwhelming. Thanks!

    • Sallie Jimenez
      Sallie Jimenez October 13, 2021 at 11:52 am - Reply

      Hello Ellyn,

      A Disclaimer on the Nursys website (https://www.nursys.com/Disclaimer.aspx) states, “In order to challenge the content, accuracy or completeness of individual records displayed on Nursys, you may register a challenge by email to [email protected]. Nursys shall promptly forward your challenge to the nursing regulatory body (board of nursing) and that nursing regulatory body will notify you of a resolution.”

      Best wishes

  2. Avatar
    Jason Torres March 4, 2022 at 5:13 am - Reply

    I just did that. I challenged the contents of report. My settlement agreement states what they were going to report and when I looked, it states fraud. Nowhere in my agreement I signed had that in the statement. I hope they take it off and do the right thing. They ruined my career. I’m sentenced to life and that’s not fair. We don’t get second chances. I will petition with the district court if I can’t get it removed.

    • Avatar
      Joy Matterson May 2, 2022 at 3:20 pm - Reply

      Agreed. I had a complaint made about me to the BON in 2011. Just the accusation made the board of nursing discipline me even with a lawyer. Ended up with 1 yr probation and never a suspension. I completed the probationary period set forth by the BON and now have an active, non-restricted multi-state license which I have continued to work for the past 12 yrs without event or complaint. I have an incredibly hard time finding a new job but it can be done however, I cannot find any in my hometown of 30,000 people which puts me in a terrible dilemma as I am a mom of 6 children. To make matters worse, the BON at the time stated it didn’t matter what the facts are or if there is proof – they have to discipline, even though the investigator did not believe the accusation. The investigator stated that they will discipline regardless. So, probation period complete and 10 yrs later…. I’m still screwed.

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