The Indiana Board of Nursing protects and promotes the welfare of the people of Indiana. They do this by ensuring each person who holds a license as a nurse in the State of Indiana is competent to practice safely. This means the Indiana Board of Nursing has the authority to discipline the license of any nurse. Chelle Law’s Indiana Board of Nursing attorney’s have represented over 600 nurses and have the experience needed to help nurses with Indiana Board of Nursing matters. We assist:
- Registered Nurses (RN).
- Licensed Practical Nurses (LPN).
- Certified Nursing Assistants (CNA).
- Nurse Practitioners (NP).
- Certified Registered Nurse Anesthetists (CRNA).
- Clinical Nurse Specialists (CNS).
Indiana Board of Nursing Complaint
Who can file a complaint against a nurse? Patients, health care facilities and other nurses, among others. When the Indiana Board of Nursing receives a complaint, the Board initiates an investigation into the complaint (if the Board has jurisdiction and the Complaint isn’t dismissed). After this happens, the nurse will receive notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial for nurses as they must submit a response, interview with the investigator while also possibly appearing at an Indiana Board of Nursing Meeting.
Complaints are taken very seriously by the Indiana State Board of Nursing. They commonly investigate each complaint they receive. This is to protect the public and ensure the licensee is competent and ethical. Complaints are sometimes filed directly to the Office of the Indiana Attorney General Consumer Protection Division (referred to as the Division below) which investigates and prosecutes all complaints concerning regulated occupations such as nursing.
The Division will receive a complaint and will first make a determination as to its merit. If the nurse who is the subject of the complaint is registered with the Indiana State Board of Nursing, then he or she will fall under the state’s jurisdiction and thus action will be taken by the Division. They will notify the licensee of the complaint including its nature and its ramifications and try to resolve the complaint through negotiation.
A 30 day period then elapses before further investigation can occur. During this time the negotiation takes place. If an agreement is reached by the Division and the subject of the complaint signs a statement that it is resolved, no further action takes place at that time.
However, in that thirty days if no agreement is reached, the Division can proceed with the investigation. Witnesses can be called, documents can be collected and interviews with interested parties can be conducted. If discipline is to take place the attorney general receives this information and may, on behalf of the state of Indiana, prosecute and call for a public hearing.
Nursing Board Application Denial Assistance
Applicants to the Indiana Board of Nursing who have a criminal history or previous discipline by the Indiana Board of Nursing (or any other Nursing Board) may be subject to denial of their application for licensure. Thus, those with a criminal or disciplinary history from other licensing boards will be investigated by the Indiana Board of Nursing.
Reporting a Criminal Conviction to the Indiana Nursing Board
Indiana law (IC 25-1-1.1-1) holds that any licensed or certified individual who has been convicted of a misdemeanor (except traffic related convictions) or felony must notify their Indiana Licensing Board within 90 days after the order or judgment is entered.
Indiana Professionals Recovery Program
The Indiana Professionals Recovery Program (IPRP) is the Board’s non-disciplinary, confidential monitoring program for healthcare professionals including Registered Nurses, Licensed Practical Nurses, Nurse Practitioners and CRNAs licensed in Indiana. The IPRP Program is designed for nurses with substance use disorders. Nurses who are interested in IPRP must voluntarily request entry and meet the certain eligibility criteria or may be required to enter the program via mandatory regulatory admission.
Any licensee may request an appeal of an Indiana Board of Nursing disciplinary action to an administrative law judge with the Indiana Office of Administrative Law Proceedings (OALP) within the Indiana State Personnel Department (SPD). This OALP is scheduled to begin on July 1, 2020, but may be subject to change. In some instances, a case is sent automatically to hearing. The administrative hearing is conducted by OALP before an Administrative Law Judge (ALJ). The hearing is not as formal as a trial, but is similar. Each party presents evidence using documents or sworn testimony. Each party also gives an opening and closing argument which should explain why the judge should rule one way or the other. A nurse’s attorney can cross examine witnesses and testify on his or her behalf. After the hearing, the ALJ reviews the transcripts, evidence and makes a recommendation. However, the Board makes the decision to either accept, reject or modify the ALJ’s decision. If an individuals feels there has been a mistake they can request a rehearing.
Indiana Nurse Disciplinary Actions
Indiana Board of Nursing disciplinary actions are given to nurses with a license or certification in Indiana. If the Board determines formal disciplinary action is necessary it will happen after the completion of an investigation. It’s the job of the Board to review any complaint alleging a violation of the Indiana Nurse Practice Act. Thus, at an Indiana Nursing Board Meeting the Board will vote to determine the outcome of each investigation. The Board can vote on a non-disciplinary outcome or vote to offer the nurse formal discipline, such as:
- Censure – an official disapproval that is on the record but doesn’t affect the license.
- Letter of reprimand – on the official record but not affecting the license.
- Probation – the licensee must report to the board regularly.
- Limitations on practice.
- A fine assessed not to exceed $1,000.
- Suspension of license.
- Revocation of license.
If you’re interested in setting up a consultation with our Indiana Board of Nursing Attorney, would like learn more about the Indiana Professional Licensing Agency or any services we provide to Indiana nurses, contact us today.