We are passionate about lobbying for change in Board's and in Administrative Law that fail to offer basic civil rights and due process to nurses who are accused of violating their state practice act. We believe that nursing boards operate with impunity. They deny the accused the protection of their civil rights, they assume guilt without first establishing guilt, they accept and consider as evidence hearsay and they fail to offer due process. The civil rights of an accused is guaranteed in civil and criminal law but is not afforded in Administrative Law. Nursing Boards all too often do not offer a pursuit of the truth and justice. The truth does not matter (but it really does.) Nursing Boards claim the right to such latitude because they claim responsibility for protecting the public. Boards of nursing in their failure to determine the truth as proven by evidence do fail to protect the public.
Nursing Boards fail in their mission to protect the public in that they discipline nurses who are not guilty or are overly harsh in their discipline. Nursing Boards report thousands of nurses a year to the National Practitioner Data Bank. It is impossible to believe that all of these nurses are guilty of some act that warranted their career being leveled. Yet nurses who are disciplined and hundreds more who have unadjudicated charges are reported to the National Practitioner Data Bank. Even if they are later found on the basis of law and fact, to be not guilty, their names are forever listed in the data bank. Employers search the data bank before hire and will not hire nurses who are listed.