Hailey Tran
If you need to report a nurse at a hospital, you should contact the Board of Nursing. The Board of Registered Nursing regulates the practice of registered nurses and certified advanced practice nurses to protect public health, safety, and welfare. Complaints related to hospitals should be brought to the attention of the relevant state or local Department of Public Health. Complaints can be filed online or by mail. The Board can only investigate registered nurses who are licensed by the Board, applicants for licensure, or individuals who claim to be registered nurses. When filing a complaint, it is important to provide a firsthand statement with specific details, dates, and documentary evidence. This ensures the Board can effectively evaluate and address the issue. The Board's intervention programs aim to support nurses with chemical dependency or mental health issues, protecting patients while providing nurses with an opportunity for rehabilitation.
| Characteristics | Values |
|---|---|
| Who can report | Any person who has knowledge of conduct by a licensed nurse that may violate a nursing law or rule or related state or federal law |
| Where to report | The board of nursing where the conduct occurred |
| What to report | Violation of a nursing law or rule or related state or federal law, substance abuse, incompetence, failure to report abuse, unprofessional behaviour, discrimination, harassment, malpractice, fraud, negligence |
| How to report | File a complaint online or through the mail, contact the board of nursing for more information |
| Anonymity | Anonymous complaints may be impossible to pursue unless they document evidence of the allegations made |
| Time taken | A few weeks to a few months or over a year |
| Outcome | A variety of actions based on the seriousness of the violation and the evidence that substantiates the violation |
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What You'll Learn
Reporting a nurse to the state board
State boards of nursing are responsible for handling reports related to violations of nursing practice laws, which could result in fines, probation, license suspension, or revocation. The National Council of State Boards of Nursing (NCSBN) is a not-for-profit organization that acts as a central body for nursing boards to counsel together on matters of common interest and concern affecting public health, safety, and welfare.
Any person who has knowledge of conduct by a licensed nurse that may violate a nursing law or rule, or related state or federal law, may report the alleged violation to the board of nursing where the conduct occurred. All jurisdictions have specific processes for complaint intake, and the process varies by state. Generally, one can visit the government website for the state nursing board and file a complaint form online. Alternatively, one can call the state board of nursing to file a complaint verbally. If you are unable to file your complaint online, you may complete a complaint form and mail it to the board.
When filing a complaint, it is important to provide as many specific details as possible, including names, dates, locations, witnesses, and any other pertinent facts. The most effective complaints contain firsthand, verifiable information, and documentary evidence related to the complaint. While anonymous complaints will be reviewed, they may be impossible to pursue without evidence of the allegations made.
There are several reasons why one might choose to report a nurse to the state board, including but not limited to:
- Substance abuse: If a nurse is misusing drugs or alcohol, patients may be put in danger. Reporting substance abuse can help protect patients and provide an opportunity for the nurse to receive help through recovery programs.
- Incompetence: Nurses must have the necessary skills and knowledge to perform their roles and keep patients safe. Examples of incompetence include failing to follow medication or administration protocols, improperly cleaning or dressing wounds, and failing to recognize changes in a patient's condition that require intervention.
- Failing to report abuse: Nurses are legally and ethically required to report suspected abuse, including child abuse, elder abuse, and abuse of developmentally impaired persons. Failing to report abuse allows harmful situations to continue and puts vulnerable patients at risk.
- Unprofessional conduct: This includes treating patients and staff disrespectfully based on their gender, race, sexual orientation, age, disability, looks, or other characteristics. It also involves sharing inappropriate comments or images related to work or patients, as well as posting identifiable patient information, which violates HIPAA regulations and patient confidentiality.
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Reporting a nurse to their employer
If you are an employer and want to file a complaint about a nurse employee, you should use the Nurse Employer Report Form. It is important to submit supporting documentation along with the complaint to speed up the investigation. A subpoena may be issued for specific records related to the complaint. The Board of Nursing in the relevant state or country will handle the complaint.
In the US, the Board of Registered Nursing regulates the practice of registered nurses and certified advanced practice nurses to protect the public health, safety, and welfare. The Board exists to protect patients by ensuring that registered nurses are competent and safe to practice. The Nursing Practice Act, located in the California Business and Professions Code, is the body of law that authorizes the Board to accomplish this. The Board of Registered Nursing also has an Intervention Program for nurses whose practice may be impaired due to chemical dependency and/or mental illness.
The Board of Nursing investigates licensed nurses for alleged wrongful behaviour. Complaints are reviewed and evaluated under the applicable laws and accepted standards of care at the time the patient received the care or treatment. Complaints containing allegations of the most serious nature (e.g. gross negligence/incompetence, patient abuse, etc.) are given priority attention. If no violation can be substantiated, the case is closed, and the complainant is notified. If a violation is found, the case will be resolved through informal or formal proceedings. If a case involves unlicensed or criminal activity, it is referred to the local district attorney for prosecution.
In addition to employers, complainants can also be patients, patient family members, other nurses, co-workers, or other professionals. Complainants should provide a firsthand, verifiable account of the incident, including as many specific details as possible, such as dates and times, as well as any documentary evidence related to the complaint.
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Reporting a nurse for misconduct
If you need to report a nurse for misconduct, there are several avenues you can take. The specific process may vary depending on your location and the nature of the complaint, but here are some general guidelines:
Reporting to the Board of Nursing:
The Board of Nursing is responsible for regulating the practice of registered nurses and advanced practice nurses to protect public health, safety, and welfare. They investigate complaints and take disciplinary action if necessary. You can file a complaint with the Board of Nursing if you have knowledge of any conduct by a licensed nurse that may violate nursing laws, rules, or related state or federal laws. This includes unsafe, negligent, or incompetent practices that endanger patients.
Reporting Substance Abuse:
If you suspect a nurse is struggling with substance abuse, it is crucial to report it for patient safety and to offer the nurse an opportunity for rehabilitation. Nurses showing up to work intoxicated, exhibiting withdrawal symptoms, or failing to comply with treatment programs can put patients at risk. Diversion of prescription medications for personal use or sale is also a serious violation of nursing ethics and legal standards.
Failure to Report Abuse:
Nurses are legally and ethically required to report suspected abuse, including child abuse, elder abuse, and abuse of developmentally impaired persons. If you know of a nurse who is willfully failing to report abuse, you should report them to the state board and the appropriate authorities. This helps protect vulnerable patients from further harm.
Discrimination and Harassment:
Discriminatory or harassing behavior by a nurse towards patients or colleagues is unacceptable and should be reported. This includes making derogatory remarks or creating an intimidating workplace atmosphere through bullying or verbal abuse. Treating others disrespectfully based on their protected characteristics is a violation of nursing conduct and can have serious consequences.
Online Behavior:
With the prevalence of social media, it is important to note that sharing identifiable patient information online, even without names, violates HIPAA regulations and patient confidentiality. Additionally, engaging in unprofessional interactions with patients or their families on digital platforms can also be grounds for a report to the Board of Nursing.
Remember to provide as many specific details as possible when filing a complaint, including dates, times, and any relevant documentary evidence. You can usually file complaints online or through a designated form, and some states offer anonymity to the reporter. The investigation process may vary in length, depending on the complexity and nature of the case.
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Reporting a nurse for malpractice
If you need to report a nurse for malpractice, you should first contact your state's Board of Nursing. The Board of Nursing exists to protect patients and ensure that registered nurses are competent and safe to practice. The Board can investigate complaints that, if found to be valid, are violations of the Nursing Practice Act or the regulations that have been adopted by the Board.
Complaints should include firsthand, verifiable information with specific details such as dates, times, and any documentary evidence related to the incident. While anonymous complaints will be reviewed, they may be impossible to pursue without evidence of the allegations.
Reasons for reporting a nurse for malpractice include:
- Substance abuse, including showing up to work intoxicated or under the influence, and withdrawal symptoms such as shaking and sweating
- Failing to follow medication or administration protocols, such as improperly cleaning or dressing wounds, or failing to recognize changes in a patient's condition that require intervention
- Practicing outside the nursing scope of practice, such as making clinical decisions that are not authorized for their role, or prescribing or holding medications without a provider's order
- Failing to report suspected abuse, including child abuse, elder abuse, and abuse of developmentally impaired persons
- Discrimination or harassment, such as treating patients or staff disrespectfully based on their gender, race, sexual orientation, age, disability, or other characteristics
- Breaching patient confidentiality, such as posting identifiable patient information, even without names, which violates HIPAA regulations
In most states, anyone who files a report in good faith is immune from prosecution, regardless of whether they are a patient, family member, or healthcare provider.
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Reporting a nurse for substance abuse
If you suspect a nurse of substance abuse, you should report it to the Board of Nursing. The Board of Nursing exists to protect patients by ensuring that registered nurses are competent and safe to practice. The Board can only investigate registered nurses (RNs) who are licensed by the Board, applicants for licensure, or individuals who hold themselves out to the public as RNs.
Substance abuse can affect any profession, and nursing is not exempt. Nurses are entrusted to protect their patients from harm at all times, and substance abuse can put patients in danger. It can impair a nurse's ability to provide safe and appropriate patient care, and endanger the life of the patient in their care. Therefore, reporting substance abuse is crucial for patient safety and provides an opportunity for the nurse to receive help through recovery programs.
Some signs of substance abuse in nurses include:
- Showing up to work intoxicated or under the influence
- Withdrawal symptoms at work, such as shaking and sweating
- Failing to comply with treatment programs
- Requesting a witness to a dose that has already been wasted
- Taking medications from a patient's personal supplies under false pretenses
- Increased anxiety, sudden mood swings, inappropriate anger or crying
- Problems interacting with peers and supervisors
- Poor performance
- Changes in appearance or lack of hygiene
If you suspect substance abuse, you should carefully document any changes in the suspected nurse's behavior. You may also choose to urge the nurse to seek help, but avoid enabling their impairment. If patient safety is an immediate concern, staff should intervene immediately to protect the patient and remove the nurse from the situation.
Once a substance abuse disorder is suspected, the nurse is typically placed on leave until an investigation can be conducted. The nursing leadership team and human resource leaders are required to, in most states, report the abuse to the Board of Nursing and the local police authority. Each Board of Nursing has a process for investigation and varying levels of programs to assist nurses through recovery.
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Frequently asked questions
Any person who has knowledge of conduct by a licensed nurse that may violate a nursing law or rule can report the alleged violation to the state Board of Nursing. This includes patients, family members, employers, other nurses, co-workers, or other professionals.
Valid reasons to report a nurse include any violation of nursing laws or standards of professional conduct. This could include illegal activities related to their professional responsibilities, unsafe or incompetent behaviour, or negligence. Bedside manners, rudeness, personality conflicts, and dress code concerns do not typically fall under this category.
You can file a complaint by submitting a written report to the Board of Nursing in your state. Be sure to include specific details about the incident and any verifiable information you can provide. You may also seek legal advice before filing a report.
Once a complaint is received, it will be reviewed by the Board to determine if they have the authority to investigate. If the matter falls within their jurisdiction, an investigation will be conducted, which may include interviews and on-site visits to healthcare facilities. If the case proceeds to a hearing, you may be called as a witness.
In most states, anyone who files a report in good faith is protected, regardless of their relationship to the nurse. However, the level of confidentiality varies depending on the state. In some states, the source of the complaint may not be revealed, while in others, the complaint must be shared with the nurse.
