The Cold Hand of the State
When the Kentucky Board of Nursing (KBN) sends notice that it is taking action, it directs the corresponding nurse to a pamphlet on its website. This pamphlet includes a description of the procedure, and casually mentions that the Respondent (the person having action taken against them) “…shall bear the cost of the Hearing Officer fee, court stenographer fee, civil penalty, and the cost of the Board hired expert witnesses, if applicable.”[1] At first, these costs appear that if you challenge the action, that you’ll not only go down swinging, but that you’ll also dig a deep financial hole in doing so. This has a “chilling effect,” meaning that one is disincentivized to take a particular action, often in reference to dissuading a positive act. Unsurprisingly, it’s no accident that things appear this way, however, looks can be deceiving.
Leveling the Playing Field
The KBN does not want to be challenged for a variety of reasons. First, such challenges take up their time and resources. The larger issue is it forces them to grapple with the possibility that they are wrong, and that the nurse in question hasn’t done anything wrong. Secondly, the government rarely prefers its procedures to be under scrutiny. However, errors happen all the time for a variety of reasons. Pairing your right to a hearing with the chance to be stuck with the bill for it means one thing: fewer people will question the KBN. To give yourself the best chance at keeping your chosen profession, you should request a hearing and hire an experienced lawyer who knows how the KBN operates. Your license is your livelihood, and keeping it is worth every penny. You owe it to all your hard work to give yourself a fighting chance. Beyond that, you have a right to due process, and you should never waive that.
Your Right to Be Heard
One of the finest characteristics of our Constitution is how it protects your property from the government. Due process is demanded any time the government seeks to take away your property; your license is your property, and the state cannot take that away from you without due process unless you waive your right to it. While the KBN might try to incentivize you to waive this right in exchange for a lower penalty or no fee, doing so is a grave mistake. If you waive your right to a hearing, you miss the chance to make sure that the KBN is acting without mistake and that everything is above reproach. Your ability to earn a living doing what you love has no price tag, and the KBN certainly should not define what that is worth.
Even further, Kentucky law makes it clear that you have the right to dispute the KBN’s action if you think they’re wrong. You deserve the chance to examine the evidence before you act, especially with so much on the line. Make the KBN put all their cards on the table by exercising your right to a hearing. You shouldn’t settle for less in any circumstances – not when your profession is on the line.
Takeaways
Your license is your livelihood; keeping it is worth every penny, and you shouldn’t let the KBN intimidate you into submission by holding the cost of challenging them over your head. To let the KBN know you mean business, you should turn to an experienced and trusted legal team to give you the best return on your investment. The state has a deep wallet to pay from, you should not be deterred from exercising your rights to their fullest. Instead, make sure you get the most out of your procedure by getting experienced counsel who can maximize the result. You can find out more about what to do if you receive a complaint from your nursing board here, and more about what experienced counsel can do for you here.
[1] KBN Investigation Staff & Jeffrey R. Prather, Nursing Licensure: Disciplinary Process and Procedures, pp. 6 (last visited Dec. 12, 2024).
