Nurses
Providing comprehensive legal assistance tailored to the needs of registered nurses in North Carolina.
Comprehensive Legal Support
Dowling Defense Group offers a range of legal services for registered nurses (both RNs and APRNs) in North Carolina.
The practice of nursing is highly regulated and subject to both state and federal controls. The various layers of laws create a situation where a nurse can easily step out of bounds, even, and often, by mistake. It is critical to consult a knowledgeable advocate at an early stage to ensure the nurse’s rights and interests are protected.
The layered scheme of regulation is not limited to sanctions by the N.C. Board of Nursing. Several areas of misconduct that result in investigations by the Board can also trigger criminal penalties, including, and especially, in the handling of controlled substances and recordkeeping. This means it is almost always necessary to protect the nurse’s interests on multiple fronts simultaneously.
For example, an allegation that an RN mishandled a controlled substance may trigger a criminal investigation, an internal investigation at the hospital, and an investigation by the Board. Or an allegation that a nurse practitioner prescribed medication outside the usual course of professional practice might result in a DEA investigation followed by possible stripping of his or her DEA registration number and stiff federal felony charges.
Mr. Dowling’s ten years of experience working in federal criminal defense form the foundation for his approach to representing nurses whose licenses and liberty are in jeopardy. His approach is comprehensive and involves his own investigation, including interviewing witnesses, document collection and review, consultation with expert witnesses, and discussions with Dr. Ryan Ricciardelli—our in-house medical consultant.
The disciplinary process with the Board is one of the most common issues for nurses. Examples of conduct that can result in penalties (like fines, suspensions, or outright loss of license) include:
- Drug or alcohol use on shift or even while on call.
- Failing a drug test.
- Mishandling of controlled substances.
- Acts of dishonesty (or outright lying) in the course of practice.
- Failing to self-report certain criminal charges to the Board (such as DWI) within a certain number of days of the arrest.
- Failure to maintain accurate records.
It is critical to hire a knowledgeable and shrewd advocate at the earliest possible stage in order to facilitate diplomatic negotiations with the Board and the Board’s investigators. Acting with a sense of urgency is important because nurses enjoy a range of legal protections that are often forfeited or waived if not asserted in a timely manner.
Relatedly, when it comes to dealings with the Board or investigators from other authorities, one of the most common issues Mr. Dowling encounters is a failure to disclose, and so goes the saying, “it’s not the crime, it’s the cover up.” In other words, oftentimes a nurse will be under investigation for behavior that ultimately did not break any rule or law. But when asked about the situation, the pressures of fear, confusion, or embarrassment may have caused the nurse to fail to disclose something to the Board, which is itself a major rule violation subject to stiff penalties.
Services Offered
- Representing nurses in disciplinary proceedings with the Board.
- Advice on the full spectrum of matters relating to the handling of controlled substances.
- Representing nurses under investigation by the Board, the DEA, an employer, or a prosecutor’s office.
- Counseling aspiring nurses on disclosing prior criminal or academic misconduct to the Board during the application process.
- State and federal criminal defense.
- Criminal record sealing and expungement.
- Advice on self-reporting, as is often required under the N.C. Nursing Practice Act.
- Counsel for nurse practitioners and other APRNs on DEA-related matters.
Call us to schedule a free consultation.
