What You May Not Know About Nurse Licensure

This month’s Legal Clinic installment in AJN is called “Common Misconceptions About Nurse Licensure.” Author Edie Brous, a nurse and attorney, lists these misconceptions:

  • 1. Nursing boards are nursing advocates. Not so, says Brous; they’re there to protect the public. “Because nurses care for vulnerable populations, the state that issues a nursing license has a social contract with the public to ensure that the licensee is qualified, competent, and ethical.”
  • 2. Private Conduct Isn’t Relevant to One’s Performance in a Professional Capacity. In fact, it can matter to a nursing board. The reasoning: “Conduct that reflects questionable judgment, impairment, or lapses in moral character may suggest to the board that a nurse poses a potential threat to the health, safety, and welfare of the public.” Ever neglect payment of student loans, child support, or taxes; have a substance abuse problem; commit a crime? It might be relevant.
  • 3. Disciplinary action taken by a state pertains only to that state. Not so: there’s a computerized system called Nursys (Nurse System) where nursing boards enter actions they take against a nurse and learn about actions taken elsewhere.
  • 4. Licensure is a right. “Rights are entitlements that are considered inherent and inalienable so they cannot be revoked, but privileges are granted by the state and are therefore conditional. As such, a nursing license may be restricted or revoked upon determination that the license holder poses a risk to the public.”

The article goes into more detail […]