Nursing License Suspension Series Part 1 of 3

Receiving a letter from the Maryland Board of Nursing (MBN) notifying you of a complaint or investigation can be distressing. If you are under investigation, you will receive an email and letter directly from the Board of Nursing investigators telling you that you have a complaint. The notification may or may not include additional details, such as the date, time, and/or circumstances of the complaint.

Upon receiving a notification of complaint, we highly advise you to contact an attorney before any next steps to guide you through the process.

As a medical professional, it is imperative to understand not only what to do when you are faced with a complaint, but what constitutes a complaint to begin with. In this article, we will outline who is regulated by the Maryland Board of Nursing, common grounds for disciplinary reporting, the ins and outs of mandatory reporting, and next steps.

Who Is Regulated by the Maryland Board of Nursing?

The Maryland Board of Nursing (MBN) regulates individuals licensed or certified under Title 8 of the Health Occupations Article.

This includes:

Registered nurses (RN)

Licensed practical nurses (LPN)

Advanced practice registered nurses (APRN)

Certified nursing assistants (CNA)

Medication technicians (MT)

Medicine aides

Electrologists

The Board also has authority to investigate and discipline individuals who falsely represent themselves as being licensed or certified in any of these roles. See Md. Code Ann., Health Occ. § 8-101 et seq & Complaint Form.

Common Grounds for Discipline (See Md. Code Ann., Health Occ. § 8-316)

Common allegations that can lead to disciplinary action include:

Fraudulently obtaining or using a license or certification (§ 8-316(a)(1)–(2))

Practicing while impaired by drugs or alcohol (§ 8-316(a)(7), (18), (19))

Gross negligence or incompetence (§ 8-316(a)(9), (26))

Unprofessional or unethical conduct (§ 8-316(a)(8), (25))

Violating Board regulations or scope of license (§ 8-316(a)(6), (30), (31))

Practicing without a valid license (expired, lapsed, or non-renewed) (§ 8-316(a)(27)–(29))

Failing to report suspected child abuse (§ 8-316(a)(13))

Submitting false documentation or billing information (§ 8-316(a)(5)(i)–(ii), (11))

Discrimination in care, including HIV-related bias (§ 8-316(a)(14))

Mandatory Reporting Requirement (§ 8-505)

A complaint to the Maryland Board of Nursing (MBN) may begin when one of the following individuals becomes aware of a qualifying issue:

Nursing administrator

Registered nurse (RN)

Advanced practice registered nurse (APRN)

Licensed practical nurse (LPN)

Certified nursing assistant (CNA)

These individuals must report an action or condition that may be grounds for:

Disciplinary action under § 8–316 (e.g., misconduct, substance abuse, practicing while impaired)

Action under Subtitle 6A (which governs CNAs and MTs)

Anyone making a report in good faith is immune from liability under Cts. & Jud. Proc. § 5–709.

Are there Exceptions to Mandatory Reporting?

Substance Use Disorder Exception (§ 8-505(b))

Reporting is not required if all the following are true:

The nurse or CNA knows the individual is already enrolled in a recognized substance use treatment program that is:

Accredited by the Joint Commission on Accreditation of Healthcare Organization,

Certified by the Maryland Department of Health, or

Supervised by a qualified healthcare practitioner;

The reporting individual can verify the person is actively participating in the program until discharge;

The individual’s condition has not caused harm to any patient while practicing

Confidentiality Exception (§ 8-505(c))

No report is required if doing so would violate federal or state confidentiality laws regarding substance use disorder records.

If You Suspect You Might Get a Complaint

If, for any reason, you suspect you might get a complaint, preemptively begin by organizing and saving all relevant documentation. Your next step is contacting and retaining a lawyer, who will help you through the process if you do, in fact, receive a complaint.

Out-of-State or Multistate License Holders (See Discipline and Compliance Frequently Asked Questions)

If you practice in Maryland on a multistate license, the Maryland Board can investigate complaints and notify your home state. See csbn.org/nlc.

Understanding Next Steps: Read More

Contact Kurt E. Nachtman and Silverman Thompson

Too often, licensees wait until late in the process to retain counsel. But a strong legal response at the outset may prevent formal charges or minimize sanctions. An experienced licensing attorney can:

Help draft a persuasive written response

Gather supporting documentation and expert testimony

Represent you before the Board or ALJ

Preserve appeal rights and guide you through review

Kurt E. Nachtman is an experienced litigation attorney whose practice areas include criminal, civil, administrative, and professional licensing law. If you are a physician or other licensed professional facing investigation by the Maryland Board of Physicians or have questions about MBP disciplinary procedures, do not hesitate to contact him at kurt@silvermanthompson.com or toll-free at 800.385.2243.