The Healthcare Defender

Facing a complaint before the West Virginia Board of Registered Nurses (the “Board”) can be a daunting experience for any Registered Nurse (“RN”). Understanding the process and knowing your rights are critical to protecting your license and professional reputation. This blog provides an overview of the complaint process governed by the West Virginia Code of State Rules (“WVCSR”) Title 19 and offers an overview on navigating this challenging situation.

The Complaint Process: An Overview

The Board oversees the practice of nursing in West Virginia.  Its purpose is to ensure public safety and uphold professional standards. When a complaint is filed, it sets into motion a structured process outlined in CSR 19-9-1, et seq.  Here’s what you can expect throughout the process:

1. Filing and Notification
   A complaint can be initiated by patients, employers, colleagues, or other stakeholders who believe a nurse has violated professional standards. Once a complaint is filed, the Board notifies the nurse in question and provides a summary of the allegations under CSR 19-9-3. This is the nurse’s first opportunity to understand the scope of the accusations. The RN has fourteen (14) days to respond to the allegations.  A strategic response at this juncture may result in dismissal of the complaint.
2. Preliminary Review
   The Board conducts an initial review to determine whether the complaint falls within its jurisdiction and whether the allegations, if true, would constitute a violation of the applicable statutes and regulations. This step is crucial as it determines whether the complaint will proceed to a formal investigation.
3. Investigation
   If the complaint is deemed valid, an investigation is launched. The Board may request documentation, interview witnesses, and examine evidence.
4. Informal or Formal Resolution
   Based on the findings, the Board may offer an informal resolution, such as a consent agreement or remediation plan. If the matter cannot be resolved informally, it proceeds to a formal disciplinary hearing under WVCSR 19-5-1, et seq.
5. Disciplinary Hearing
   During a hearing, the RN has the right to present a legal and factual defenses, including calling witnesses and presenting evidence. A hearing examiner determines whether a violation occurred and recommends appropriate disciplinary actions to the Board, if any.
6. Final Decision and Appeal
   After the hearing, the Board issues a final decision. RNs have the right to appeal unfavorable decisions as outlined in WVCSR 19-5-12. The appeals process allows for judicial review, ensuring due process.

Your Rights During the Process

Registered nurses under investigation retain several important rights, including:

• The Right to Legal Representation: Seek legal counsel experienced in medical professional liability.  The stakes are high when your license is on the line.
• The Right to a Fair Hearing: The Board is obligated to follow due process, ensuring an impartial review of the case.
• The Right to Respond: RNs have the right to present evidence, rebut allegations, and defend their professional conduct.  The response process requires judgment – knowing when to make appropriate concessions and when to aggressively rebut accusations is key. 

The complaint process, while stressful, is designed to balance accountability with fairness. By understanding the steps involved and securing the right support, you can navigate this challenge with confidence and protect your nursing career.  Early and proactive engagement with an attorney can help you respond effectively to allegations, preserve your rights, and mitigate potential penalties.  If you are facing a West Virginia Board of Nursing complaint, contact our Medical Malpractice Defense team for further guidance.