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Professional Nursing License Defense

In 1903 the Nursing Practice Act, which was the first nursing law in the US, was approved and enforced by the federal government through the regulatory agency or the Nursing Board of each state. In the US, there are as many as 61 Nursing Boards which are tasked to:

  • To protect and promote the safety of the people
  • Recognize schools of nursing
  • Set up the standards of the nursing profession
  • Examine and license qualified applicants
  • Control the practice of professional and vocational nursing
  • Interpret the Nursing Practice Act (NPA), as well as rules relating to education and licensure of nurses
  • Take complaints and conduct investigations on the probable violations of the Nursing Practice Act
  • Exact disciplinary actions on violators through proper legal action

After years of rigorous and patient study in order to complete an accredited nursing program, a nursing graduate will then have to pass the National Council Licensure Examination (NCLEX) before obtaining his/her license. Though quite demanding, those can be nothing compared to what is expected of a licensee (or nurse) during the practice of his/her profession.

For a meaningful profession and to make sure that one’s license is always in good standing, a licensee will need to: be English proficient; conform with specific requirements of the nursing laws of the state where he/she is practicing his/her profession; undergo continuous education to maintain clinical competence; and, possess good moral character, which implies not committing any criminal act.

Being ethical is required as much as being competent and qualified due to the vulnerability of the patients entrusted under nurses’ care. The only sad thing about this is that, due to the ethical perspective, complaints against nurses, as being unprofessional or unethical, can become (and many indeed have been) too personal an issue. Complaints have also come from different sources – patient, co-worker, employer, the hospital itself, and even from the nurse’s irritated partner or spouse.

Nurses have be criticized about so many issues, legal and even personal matters (which have no connection, whatsoever, to their clinical practice). Complaints against nurses are forwarded to the state’s nursing board which, then, informs the concerned nurse about such complaint. To be able to defend and redeem oneself from the negative effects of complaints/accusations, especially those without basis, hiring a good licensure defense lawyer will be a very commendable act.

Defending a nursing license is a very complex task for someone who is not an expert in the license defense law. And since, for nurses, being a licensee is the core of their life and activities, losing their license due either to a fraudulent accusation or a short span of weakness that led to a wrong act, can be too much of a penalty.

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