Maryland Business Litigation Lawyer Blog
Nursing License Suspension Series Part 2 of 3
Receiving a letter from the Maryland Board of Nursing (MBN) notifying you of a complaint or investigation can be distressing. But understanding the process and responding promptly with early legal counsel can protect your medical license and livelihood. This article explains the process and your rights at each stage.
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.
Link to other articles
How the Disciplinary Process Begins
As we mentioned in part one, 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.
Complaints may be submitted by patients, employers, coworkers, or others. The Board may also initiate its own investigation based on mandatory reports from healthcare providers under § 8-505. Anonymous complaints are accepted, though anonymity is not guaranteed. All complaints must contain sufficient detail to support a preliminary inquiry.
Initial Review of the Complaint
Once a complaint is received, Board staff will:
- Conduct a preliminary investigation to determine whether the allegation could violate Title 8
- Notify the licensee and request a written response if warranted (§ 8-317(c))
- Refer matters involving impairment or substance use to the Safe Practice Program when appropriate (see below for description of SAFE Program) (§ 8-208)
- If the issue involves only minor misconduct or insufficient evidence, the Board may close the case or issue a non-disciplinary advisory letter.
Notice of Agency Action (See Discipline and Compliance Frequently Asked Questions)
- If you receive a Notice of Agency Action, you have 30 days from the date on the letter to request a hearing.
- To request a hearing submit your request in writing (by mail or fax) to the Director of Discipline and Compliance, Maryland Board of Nursing, 4140 Patterson Avenue, Baltimore, MD 21215
When Does a Case Go Before an Administrative Law Judge (ALJ)?
If the Board summarily suspends a license or files formal charges and the licensee requests a full hearing, the case may be delegated to the Maryland Office of Administrative Hearings (OAH) under Md. Code Regs. 10.33.01.20(G) and the Maryland Administrative Procedure Act, Md. Code Ann., State Gov’t §§ 10-201 et seq.
After You Request a Hearing
Once your hearing request is received, the Board will schedule a settlement conference and a formal evidentiary hearing. You will receive a written notice with the date, time, and location. (See Discipline and Compliance Frequently Asked Questions)
Settlement Conferences
This is an informal meeting with a Board committee. It’s a chance to resolve the case without going to a full evidentiary hearing. (See Discipline and Compliance Frequently Asked Questions)
Hearing Procedure Before an ALJ
- If the Board delegates, the matter is heard by an Administrative Law Judge at OAH. COMAR 10.33.01.20(G)(1).
- The ALJ holds an evidentiary hearing, similar to a civil trial. The licensee may present evidence, cross-examine witnesses, submit documents, and make legal arguments. Md. Code Ann., State Gov’t § 10-211(a) (contested case hearing requirements), ; Md. Code Regs. 10.33.01.20(G)(5)
- After the hearing, the ALJ issues a proposed decision with findings of fact, conclusions of law, and a recommended order under COMAR 10.33.01.20(G)(6).
- The Board then reviews the ALJ’s proposed decision. It may adopt, modify, or reject the ALJ’s recommendations (Md. Code Ann., State Gov’t § 10-205).
Summary Suspension & Show Cause Hearings (See Discipline and Compliance Frequently Asked Questions)
If the Board issues an Order of Summary Suspension, you may be scheduled for a Show Cause Hearing. This is your chance to explain why the Board should not continue the suspension. You will have 10 minutes to speak, and the State’s prosecutor will also have 10 minutes.
Your Rights During the Process
Before any formal disciplinary action is taken, you are entitled to:
- Notice and Hearing: Under § 8-317(a), the Board must notify you in writing (via certified mail) at least 30 days before a hearing and allow you to respond.
- Representation by Counsel: You have the right to hire an attorney for any part of the process (§ 8-317(d)).
- Presentation of Evidence: You may submit a written response and present your side of the case during the hearing.
- Administrative Hearing: Formal charges are heard by an Administrative Law Judge (ALJ) from the Maryland Office of Administrative Hearings, similar to a civil trial.
- Right to Appeal: If the Board issues a final order against you, you may petition for judicial review in the Circuit Court.
Outcomes of a Complaint
The Board may take one or more of the following actions after a hearing (see § 8-316(b) and § 8-317(g)), (Discipline and Compliance Frequently Asked Questions)
- Dismiss the complaint
- Issue a letter of education or warning
- Reprimand the licensee
- Place the licensee on probation
- Suspend or revoke the license
- Impose a monetary fine (up to $5,000 per violation)
- Mandate training, treatment, or supervision as a condition of continued practice
In emergency situations involving public safety, the Board may summarily suspend a license before the hearing if the nurse is expelled from the Safe Practice Program (§ 8-317(g)).
Possible Disciplinary Actions
The Board may:
- Deny or revoke a license or certificate
- Issue a reprimand
- Place a licensee on probation
- Suspend or reinstate a license with conditions
Final decisions are sent to you in writing as a Board Order.
Right to Appeal
If you disagree with the Board’s Final Order, you may file for judicial review in the Circuit Court within 30 days. See Appealing an Administrative Agency Decision; See also MD RULE 7-203. TIME FOR FILING ACTION
Compliance After a Board Order (See Discipline and Compliance Frequently Asked Questions)
- Questions? Contact: Kurt Nachtman or mbon.nursingdiscipline@maryland.gov
- Forms must be accurate and complete, this is where legal counsel becomes helpful
Learn More: Maryland Board of Nursing Safe Practice Program: How It Works
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.