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| Who Can or Should File a Complaint? |
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A complaint should be filed by anyone who believes that an Oregon nurse or nursing assistant has acted illegally or dangerously in regard to her/his professional responsibilities. Allegations may include (but are not limited to) gross negligence or incompetence, unprofessional conduct, license fraud, misrepresentations, substance dependence, sexual misconduct, mental illness or unlicensed activities.
Click here for a Complaint Form.
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| How To File a Complaint Against a Nurse or Nursing Assistant |
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Things to Remember
Complaints can be anonymous and made in writing, by e-mail, by telephone (971-673-0678) or in person. Please try to include as much specific information as you can.
Oregon state law directs that all information about specific investigations is confidential, including who makes a complaint, when the complaint is made, the nature of the complaint and who the complaint is filed against. In addition, OSBN staff is not allowed to discuss specific investigations with anyone--not even the complainant. Once an investigation is complete, any disciplinary action taken by the OSBN during a Board Meeting is public information, however, details of the investigation leading up to such actions are not.
Click here for a Complaint Form.
What to Include in Your Complaint
The following questions are intended as a guide to help you when submitting information about your complaint. It is not necessary to answer every question.
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Who:
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Who committed the actions you are reporting?
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Who was the victim(s)?
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Who discovered the incident/behavior?
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Who else was involved?
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Who else was in the vicinity?
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What:
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Where:
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Where did the incident/behavior occur?
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Where was the incident discovered?
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Where were the witnesses (if any) during the incident?
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When:
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How:
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How was the incident committed?
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How was the incident/behavior discovered?
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How much property or money was taken?
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How much damage was done?
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| Complaint Process and Disciplinary Options |
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General Information
In Fiscal Year 2007, the Oregon State Board of Nursing received 747 conduct complaints about nurses or nursing assistants (about 1 percent of all nurses/nursing assistants in Oregon). The Oregon State Board of Nursing (OSBN) handles approximately 70 disciplinary cases each board meeting. The Board deliberates on each case in a closed executive session; however, final disciplinary actions are taken in an open public meeting, in accordance with Oregon state law. Media representatives may be present in executive session but, according to state law, may not use the information unless obtained through other sources.
Oregon state law also directs that all information about specific investigations be confidential, including who makes a complaint, when the complaint is made, the nature of the complaint and who the complaint is filed against. This encourages consumers and licensees to make valid complaints because they need not fear reprisal or other negative acts based on their complaint.
Complaints & Investigations
Complaints: Complaints may be filed anonymously, in writing, over the phone or in person. Approximately 50-60 percent of complaints come from nursing employers. The remainder comes from state agencies, other professionals, coworkers or patients/families.
Approximately 70 percent of all complaints received by the Board are closed without disciplinary action. Upon investigation, the Board may determine the nature of a case doesn’t warrant action, based on board disciplinary policies. Or, it might be determined that no violations of statute or administrative rule occurred. Complainants may request a written explanation for cases that are closed without disciplinary action.
Due to the state law mentioned earlier, OSBN staff members are not allowed to discuss specific investigations. 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.
Investigations: Investigations into complaints are performed by OSBN staff investigators. In the case of an anonymous complaint, investigators first validate whether there is concern about the nurse’s/nursing assistant’s practice or conduct. The investigation includes:
- the gathering of pertinent documents, such as a written summary of the incident;
- interview(s) 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, staff meet with the nurse or nursing assistant in person or by phone. The investigative interview is informal and confidential, and its purpose is to gather additional facts. It provides an opportunity for the nurse or nursing assistant to meet with the Board staff and give information about the allegations in the complaint. Because this meeting is strictly confidential, only the nurse and investigative staff may be present. An exception will be made only in the event that the nurse/nursing assistant chooses to be accompanied by an attorney.
If there are grounds for disciplinary action, the investigator of record 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:
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Stipulated agreement—The nurse/nursing assistant signs a document acknowledging the facts of the incident, violations of law and OSBN rules, the disciplinary action and any terms and conditions to be imposed. The agreement goes to the OSBN for adoption and a Final Order is issued. Most (98 percent) disciplinary cases are resolved by stipulated agreement.
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Notice—If agreement is not reached, a “Notice” document is sent to the nurse/nursing assistant. The Notice contains a time frame within which a hearing can be requested, and specifies the level of sanction that has been proposed. The nurse/nursing assistant is entitled to a hearing and is granted every opportunity to exercise that right. If the nurse/nursing assistant does not request a hearing within the allotted timeframe, the case goes to the OSBN for a decision by default. If the nurse/ nursing assistant has a hearing and does not agree with the OSBN’s final decision, she/he can appeal to the Oregon Court of Appeals. If there is disagreement with the Court’s decision, the nurse/nursing assistant can appeal to the Oregon Supreme Court.
Disciplinary Sanctions
The OSBN can impose a range of disciplinary sanctions:
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Reprimand—A formal notice to the nurse/nursing assistant that OSBN standards have been violated. The nursing license or nursing assistant certificate is not “encumbered” since there are no terms or conditions with which the nurse/nursing assistant must comply.
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Civil Penalty—A fine of up to $5,000.
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Probation—An imposition of restrictions or conditions under which a nurse/nursing assistant must practice, including the type of employment setting or job role.
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Suspension—A period of time during which a person may not practice nursing.
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Revocation—A removal of a license or certification for an unspecified period of time, perhaps permanently.
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Voluntary Surrender—An action on the part of the nurse/nursing assistant to give up her/his license or certificate rather than deal with potential suspension or revocation.
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Denial of Licensure—An action by the OSBN not to issue a license or certificate.
If the Board issues a Notice of Proposed Disciplinary Action to a nurse/nursing assistant, that Notice is a public document and may be requested by the complainant. The Notice is essentially a statement of charges against the nurse/nursing assistant in question.
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| Who Is and Isn't Regulated by the Board of Nursing |
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Who Does the OSBN Regulate?
The Oregon State Board of Nursing regulates Certified Nursing Assistants; Certified Medication Aides; Licensed Practical Nurses; Registered Nurses; Clinical Nurse Specialists; Certified Registered Nurse Anesthetists; and, 10 nurse practitioner specialties. The OSBN also have authority to investigate applicants for the above categories or people purporting to be licensed by the OSBN in one of those categories.
Nurse practitioner specialties are:
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Acute Care Nurse Practitioner (ACNP);
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Adult Nurse Practitioner (ANP);
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College Health Nurse Practitioner (CHNP);
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Family Nurse Practitioner (FNP);
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Geriatric Nurse Practitioner (GNP);
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Neonatal Nurse Practitioner (NNP);
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Nurse Midwife Nurse Practitioner (NMNP);
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Pediatric Nurse Practitioner (PNP);
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Psychiatric/Mental Health Nurse Practitioner (PMHNP); and,
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Women's Health Care Nurse Practitioner (WHCNP).
Who Is Not Regulated by the OSBN?
The OSBN does not regulate any other medical professions, including physicians, chiropractors, physician assistants, or respiratory therapists. For a complete list of health care regulatory boards and other state agencies, click here.
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