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2726 S. Brentwood Blvd. St. Louis MO 63144

Why to Fight a Missouri Board of Nursing Complaint

In addition to keeping your name out of the Missouri Board of Nursing Newsletter and maintaing your professioanl reputation, there are a number of legal reasons for a nurse to fight a Board of Nursing complaint.  If a complaint is made against a nurse's license and it is thereafter determined that the complaint does not establish a violation of the nursing practice act, Missouri law mandates that the complaint and all related documentation become a "sealed record."  The determination of no violation may be found by the Board, the Administrative Hearing Commission (AHC) or a court. 

Winning and Sealing Away the Missouri Board of Nursing Complaint

If the nurse defeats an accusation of misconduct, the Board of Nursing is required to seal away any proof that the accusation of misconduct ever happened.  In fact, Missouri law is specific to indicate that the term "sealed record" is defined to "mean that the complaint to which it refers shall be deemed to never have occurred."  Further, Missouri law provides that the nurse is allowed to properly respond to inquiry after defeating a Board of Nursing complaint that "no record exists" of any disciplinary complaint.  Missouri law specifically indicates that

        [a]ny person who has been the subject of an unsubstantiated complaint as provided in subsection 1 
        of this section shall not be required to disclose the existence of such complaint in subsequent 
        applications or representations relating to their nursing professions.

The closed record of a successfully defeated Board of Nursing complaint cannot be disclosed by the Board of Nursing to any other state Board of Nursing or anyone else without the nurse's permission. If a Missouri Board of Nursing complaint is unsubstantiated or if there is not sufficient grounds to impose discipline, the Board of Nursing must further notify the nurse that the complaint was dismissed and any such record of the complaint has been sealed as a closed record. 

Legal Counsel for Missouri Nurses

Attorney Kevin J. Dolley protects the rights and licenses of Missouri nurses. Mr. Dolley provides specialized legal counsel in nursing law and takes all necessary steps to defeat the accusation of misconduct and seal forever the Board of Nursing complaint.  A nurse get no better news than receiving notice that a complaint has been unsubstantiated and is being sealed away forever. 

Defeating a Board of Nursing complaint requires proactive defense from when notice of the complaint is received and the initial notarized statement is provided to the Board through legal counsel.  Defeating a Board of Nursing complaint may require convincing the Board that a violation did not occur, winning the case before the Administrative Hearing Commission or winning on appeal before a circuit court or court of appeals. 

Contact a Missouri Nursing Law Attorney

If you are a nurse who has been accused in a Missouri Board of Nuring complaint, attorney Kevin J. Dolley is available to speak to you directly at 314.645.4100 or by email at Kevin@dolleylaw.com.

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The Law Offices of Kevin J. Dolley represents clients in labor law, employment law and employment discrimination matters throughout the State of Missouri, including St. Louis, St. Louis County, St. Charles County, Boone County, Jefferson County, Lincoln County, Jackson County, Phelps County, Franklin County, Ste. Genevieve, St. Clair and the Cities of St. Louis, Kansas City, St. Charles, O'Fallon, Lake St. Louis, Hillsboro, Troy, Clayton, Rolla, Columbia, Jefferson City, Kirksville, Farmington, Cuba, Augusta, Union, Maryland Heights, Cape Girardeau and Springfield.

Law Offices of Kevin J. Dolley, LLC - Missouri Employment Lawyer
Located at 2726 South Brentwood Blvd. St. Louis, MO 63144. View Map
Phone: (314) 684-8180 | Local Phone: (314) 645-4100.
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