Common Terms In The OSBN Process
Do you think you may need a lawyer? Call (503) 232-9280 to schedule a free, no-obligation consultation with a nurses attorney. Below are some of the most common terms in the nursing license defense process.
If a stipulated agreement can not be reached, a nurse has the right to request an administrative hearing with the OSBN. If, after the hearing, the nurse does not agree with the board’s final decision, the nurse can appeal the decision to the Oregon Court of Appeals.
An allegation, or complaint, is essentially an accusation that a nurse has committed a violation of the nurse practice act or has failed to deliver the standard of care. Anyone can file a complaint against a nurse, including patients, patients’ families, co-workers, employers, and state agencies.
Emergency Suspension Order
If the OSBN believes that a nurse has committed an egregious violation, it can issue an emergency suspension order, which prevents a nurse from practicing while the case is being investigated.
As soon as someone makes a complaint with the OSBN, an investigation is opened. Investigations are performed by OSBN staff investigators who review documents and records, and conduct interviews.
Letter of Concern
After an allegation has been filed with the OSBN, and an investigation has been completed, if the OSBN can’t prove the violation or doesn’t believe it was egregious, it may issue a letter of concern to the nurse. A letter of concern isn’t a disciplinary action, nor is it part of public record, but it can still impact a nurse’s career.
This is a removal of a nursing license.
This is a period of time during which a nurse can’t practice nursing.
If a stipulated agreement can’t be reached with the OSBN, a notice is sent to the nurse. This is a public document that is, in essence, a statement of charges. The notice includes the level of sanction that the board plans to impose and specifies a timeframe for requesting an administrative hearing.
These are the restrictions and conditions imposed on a nurse, and they can encompass not only job responsibilities, but also the employment setting.
This is a formal disciplinary notice that OSBN standards have been violated. A reprimand is a public record.
This is a document that a nurse signs, acknowledging violations of law and/or OSBN rules, and agreeing to the terms of the proposed disciplinary action by the board. Stipulated agreements need to be approved by the OSBN board.
In lieu of having a nursing license suspended or revoked, a nurse can voluntarily surrender the license.
Please note that our law office is located in Portland, and Kevin Keaney is licensed to practice in Oregon and Washington, as well as Texas, where he can also help nurses who need an attorney to defend against all types of allegations and complaints.