New York Certified Nursing Assistant Disciplinary Hearing Defense Attorney

The board of nursing (BON) may discipline a nurse’s license when the nurse or certified nursing assistant (CNA) has committed a violation of the state’s nurse practice act. Disciplinary cases are frequently divided into the following groups:

• Relevant to the practice of nursing
• Related to drugs
• Violation of boundaries
• Sexual misconduct
• Abuse
• Fraud
• Positive criminal background checks

Cases relevant to the practice of nursing involve a breach in the standard of nursing. They consist of the following mistakes:

• Failure to evaluate changes of condition
• Failure to carry out interventions.
• Failure to record information or the type of nursing care that was provided

Following consideration of a complaint by a BON, an emergency action may be taken. Such actions generally involve a summary suspension of a nursing license. The usual standard for this action is clear and convincing evidence that any further practice by the nurse would create a danger of severe harm to the public. Simultaneous with the summary suspension is the filing of a formal complaint and the start of an investigation. A summary suspension will generally remain effective unless there is a reversal by the board of nursing, and a final order is issued by the board.

Disciplinary actions
Actions taken by the board may include:

• Fine or civil penalty
• Referral to a discipline program in order to carefully check on the nurse’s practice and recovery
• Reprimand for minor breach of the nurse practice act frequently without any restrictions on the license
• Limitations of aspects of nurse practice, such as probation and hours worked
• Suspension or revocation of license