Maryland Business Litigation Lawyer Blog
Nursing License Suspension Series Part 3 of 3
If you are mandated to participate in the Maryland Board of Nursing Safe Practice Program, we have created a comprehensive guide to walk you through what to expect. If you have not been mandated to participate in a program but are currently under investigation from a complaint, continue reading to understand possible outcomes of your investigation.
Link to parts 1 and 2
Maintaining a relationship with your attorney is critical during your participation in the Maryland Board of Nursing Safe Practice Program to:
- Get guidance to proper programs
- Ensure timely and effective communication with the board
- Ensure that the Board does not become overzealous with prosecutorial functions
- Ensure that if program fails, your rights are protected and you can be properly represented in front of subsequent disciplinary cases
Who Can Participate in the Safe Practice Program?
Participation is open to:
- Registered Nurses (RNs)
- Licensed Practical Nurses (LPNs)
- Advanced Practice Registered Nurses (APRNs)
- Nursing Assistants
- Medication Technicians
- Electrologists
- Licensed Midwives (direct-entry and certified)
- Certified Dialysis Technicians
- Applicants for any of the above (§ 8-208(a)(2)–(3); (j)(1))
How Referral Works
Participants can be:
- Self-referred
- Referred by the Board
- Referred following a complaint (Implied by § 8-208(j)(1), though “self-refer” language is not explicit in statute)
What the Program Requires
Once accepted, each participant signs a plan or agreement that may include:
- Treatment and rehabilitation
- Supervision and worksite monitoring
- Random drug and alcohol screening
- Attendance at support group meetings
- Restrictions on practice, including Board approval of employment and travel
- Use of Board-approved medication only
- Regular progress reports to the Safe Practice Committee
Financial Responsibility
Participants are responsible for all costs, including treatment, testing, and therapy.
Program Oversight
The Safe Practice Committee (a 6-member body within the Board) evaluates participants and oversees their progress. Members include RNs with psychiatric/substance use expertise, one pain management RN, one LPN, and one consumer member. (§ 8-208(b)–(c); (j)) To protect the public from unsafe nursing care by monitoring and supporting nurses and other licensees who may be impaired due to substance use or other conditions. Md. Code Ann., Health Occ. § 8-208(a)(5), (j)(3).
Noncompliance and Expulsion
If a participant fails to comply, the Committee may:
- Expel them from the program
- Report their name to the Board
- Transfer all records to the Board
The Board may then:
- File disciplinary charges under § 8-316, § 8-317, or other applicable sections
- Summarily suspend their license or certificate
Confidentiality
All records of participation are:
- Confidential
- Not discoverable or admissible in court or administrative proceedings
Completion and Discharge
Upon successful completion:
- Monitoring ends
- All program records are destroyed two years after discharge
- Authority: § 8-208(n)
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.