NCSBN Informational Video on the Investigative Process
Click to view National Council of State Boards of Nursing informational video on the investigative process.
General Information
According to Oregon state law, all information obtained during a specific investigation is confidential, including who makes a complaint. This encourages consumers and licensees to make valid complaints because they need not fear reprisal or other negative acts based on their complaint.
Approximately 70 percent of all complaints received by the Board are closed without disciplinary action. Upon investigation, the Board may determine that no violations of statute or administrative rule occurred. Complainants may request a written explanation for cases that are closed without disciplinary action. Any disciplinary action taken by the Board during a Board Meeting is public information, however details of the investigations leading up to such actions are not.
Complaints & Investigations
- Complaints: Complaints may be filed in writing, over the phone or in person. Anonymous complaints are accepted. Approximately 50–60 percent of complaints come from nursing employers. The remainder come from state agencies, other professionals, coworkers or patients/families.
- Investigations: Investigations into complaints are performed by OSBN staff investigators. Investigators first validate whether there is concern about the nurse’s practice or conduct. The investigation may include:
- a review of pertinent documents, such as a summary of the incident
- interviews with the complainant(s), coworkers or employer; and
- a review of patient records, the nurse’s personnel record, police reports or court records.
If there is evidence of a practice or conduct problem, an investigator will meet with the licensee or applicant in person or by phone. If there are grounds for disciplinary action, the investigator makes a recommendation to the Board based on the OSBN discipline theory model, OSBN disciplinary policies and past Board decisions.
Resolutions & Sanctions
Complaint Resolution
Disciplinary cases may be resolved by:
- Stipulated agreement—The nurse signs a document acknowledging the facts of the incident, violations of law and OSBN rules, the proposed disciplinary action and any terms and conditions to be imposed. The agreement goes to the Board for consideration and potential adoption and a Final Order is issued. Most disciplinary cases (98 percent) are resolved by stipulated agreement.
- Notice—If agreement is not reached, a "Notice" document is sent to the nurse. The Notice is a public document and may be requested by the complainant or the public. It is essentially a statement of charges against the nurse. The Notice contains a timeframe within which a hearing can be requested, and specifies the level of sanction that has been proposed. The nurse is entitled to a hearing and is granted every opportunity to exercise that right. If the nurse does not request a hearing within the allotted timeframe, the case goes to the Board for a decision by default. If the nurse has a hearing and does not agree with the Board’s final decision, she/he can appeal to the Oregon Court of Appeals. If there is disagreement with the Court’s decision, the nurse can appeal further to the Oregon Supreme Court.
Disciplinary Sanctions
The OSBN can impose a range of disciplinary sanctions:
- Reprimand—A formal notice to the nurse that OSBN standards have been violated. The nursing license is not "encumbered."
- Civil Penalty—A fine of up to $5,000.
- Probation—An imposition of restrictions or conditions under which a nurse must practice, including the type of employment setting or job role.
- Suspension—A period of time during which a nurse may not practice nursing.
- Revocation—A removal of a license or certification for an unspecified period of time, perhaps permanently.
- Voluntary Surrender—An action on the part of the nurse to give up her/his license or certificate instead of facing potential suspension or revocation.
- Denial of Licensure—An action by the Board not to issue a license or certificate.
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