I was denied licensure due to a DUI six years ago. I have requested an appeal. What is the proceeding that will follow? Should I seek representation?
Dear Nancy replies:
You have the right under your applicable state statutes to file an appeal for a review of a board of nursing decision. You did not indicate whether the appeal was the first step in such a process (e.g., an initial court review/judicial review) of the board decision, or if you were appealing the judicial review to the appellate court. You also did not indicate if you had retained a nurse attorney or attorney to file the appeal or whether you did it yourself.
However, depending on which first step you took in the process of the appeal/judicial review of the decision of the board, you should retain an attorney to represent you in the appeal. The legal process of judicial review, and what your options might be after the decision if it is adverse to you, is complicated and not something you can handle yourself.
You can locate a nurse attorney through many resources, including The American Association of Nurse Attorneys (www.taana.org), through your local or state bar association lawyer referral service, or, if you have professional liability insurance, the insurance company can provide you with an attorney if the appeal/judicial review is part of your policy’s coverage. It might be a good idea to start by notifying your insurance company of your situation so it can guide you in this process or inform you the appeal is not covered under the professional liability insurance policy.
Keep in mind when filing any type of appeal, there are usually time frames that govern when an appeal can be filed. It is hoped the filing of your appeal was timely, but this is just another reason why retaining a nurse attorney or other attorney in either situation would be essential.