Appeals of Nursing Board Decisions

Appeals of Nursing Board decisions – Nurse License Defense

There are instances when it may be necessary for our attorneys to defend a nurse’s license in a court of law after the Nursing Board action is concluded.  The reason: a nurse or the nursing Board can appeal a decision with which it disagrees to a court of law.  Elder & Good, PLLC has substantial experience in handling appeals in courts of law and is well equipped to pursue an appeal even if we did not handle the underlying Nursing Board litigation.  A nurse may wish to appeal a final order issued after an emergency hearing (requested by the nurse to challenge an emergency restriction or suspension imposed on his or her nursing license by the Medical Board) or a final hearing (the final “trial on the merits” of the case), as well as denials of license applications.

Often, an important part of an appeal involves requesting and arguing for a restraining order or temporary injunction against enforcement of a Final Board Order.  If successful, a court of law will prohibit the Nursing Board from imposing a sanction or punishment, such as a restriction, suspension or even revocation of a nurse’s license until the court decides the merits of the entire appeal.  Such injunctions can mitigate the damage from an unfair or improper Nursing Board action, such as lifting a suspension or restriction that prohibited the nurse from working.  If the nurse is licensed in another state, an injunction may cause the other state to refrain from taking disciplinary action while the appeal is pending.