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Revocation of Nurses’ Licenses: How Does it Happen?

Published online by Cambridge University Press:  28 April 2021

Sarah D. Cohn
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Extract

Even though physicians, lawyers, dentists, school teachers, life insurance brokers, and peddlers were licensed in the United States as early as 1890, nursing occupational licensure did not begin until 1938, when New York became the first state to pass such a law. By 1962, eight states had mandatory licensing laws, and sixteen more had nursing boards which claimed that licensure was mandatory.

Today every state requires that nurses who practice within its jurisdiction possess licenses. Since the purpose of nursing licensure is protection of the public, the state may require qualifications which are reasonably related to the practice of nursing. A license, because it is granted upon condition, is not a permanent right, and the state may revoke it if the licensee does not continue to meet licensing standards. The state also has discretion to use remedies less extreme than revocation. It may limit or suspend the license, and/or fine or reprimand the nurse.

Type
NLE Rounds
Information
Law, Medicine and Healthcare , Volume 11 , Issue 1 , February 1983 , pp. 22 - 24
Copyright
Copyright © 1983 American Society of Law, Medicine & Ethics

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References

Friedman, , Freedom of Contract and Occupational Licensing 1890–1910: A Legal and Social Study, California Law Review 53: 487, 494 (1965).Google Scholar
Lesnik, M. Anderson, B., Nursing Practice and the Law (J.B. Lippincott, Philadelphia) (2d ed. 1962) at 90 [hereinafter referred to as Lesnik & Anderson].Google Scholar
Id. See Bullough, B., The Law and the Expanding Nursing Role (Appleton-Century-Crofts, New York) (1975) at 1–20 (detailed history of nursing licensure).Google Scholar
Rothman, D. Rothman, N., The Professional Nurse and the Law (Little, Brown & Co., Boston) (1977) at 72.Google Scholar
Requirements for licensure generally include vocational training, satisfactory completion of an examination and certain personal qualifications such as demonstration of good moral character. Nursing and the Law (Health Law Center and C. Streiff, eds.) (Aspen Systems Corp., Rockville) (1975) at 52–53. For a summary of state requirements for licensure and functions, and composition of nursing boards presented in tabular form, see Department of Health, Education and Welfare, State Regulation of Health Manpower (U.S. Govߣt. Printing Ofc., Washington, D.C.) (1977) at 91–103.Google Scholar
See Mich. Comp. Laws Ann. §333.16226 (1981) (listing variety of sanctions to be applied for violations of §333.16221).Google Scholar
Lesnik, Anderson, , supra note 2, at 95.Google Scholar
See Herz v. Degnan, 648 F.2d 201 (3d Cir. 1981) (court held that psychologist had a constitutionally protected property interest in her valid New Jersey license; the only reasons that the state could refuse renewal of, revoke, or suspend her license were specified in the statute and were inapplicable).Google Scholar
See, e.g., Fla. Stat. Ann. §464.018(a) (West 1981); Ill. Ann. Stat. ch. 111, §3420(1) (Smith-Hurd 1980); N.J. Stat. Ann. §45: 1-21(a) (West 1981); Wash. Rev. Code Ann. §18.88.230(1) (1978).Google Scholar
See. e.g., Cal. Bus. & Prof. Code §2761(k) (West 1981).Google Scholar
See, e.g., Cal. Bus. 6k Prof. Code §2761(f) (West, 1981) (requiring conviction of a felony or any offense “substantially related to the qualification, function, and duties of a registered nurse”); 63 Pa. Cons. Stat. Ann. §224(5) (Purdon, 1981) (convicted, or pleaded guilty or nolo contendere to a felony); Va. Code §54-367.32(h) (1981) (convicted of a felony).Google Scholar
See Ky. Rev. Stat. §314.091(b) (1981) (“felony or misdemeanor which involved acts that bear directly on the qualifications or ability of the… licensee to practice nursing”). One court has held that the conviction of a registered nurse of a misdemeanor did not by itself warrant revocation of her license; instead, the license was suspended for two years. Hoyte v. Board of Regents, 304 N.Y.S.2d 693 (App. Div. 1969).Google Scholar
See, e.g., Conn. Gen. Stat. §20-99(b)(5) (1981); Me. Rev. Stat. Ann. tit. 32, §2105(D) (1978); N.M. Stat. Ann. §61-3-28(A)(4) (1981).Google Scholar
Fla. Stat. Ann. §464.018(1) (h) (West 1981).Google Scholar
Cal. Bus. & Prof. Code §2762 (West 1981).Google Scholar
Fla. Stat. Ann. §464.018(1) (h) (also including other physical and mental conditions which make nursing practice unsafe).Google Scholar
See, e.g., Conn. Gen. Stat. §20-99(b) (3) (1981); Wash. Rev. Code Ann. §18.88.230(5) (1978).Google Scholar
Mich. Comp. Laws Ann. §333.16221(b) (iii) (1981).Google Scholar
See, e.g., Va. Code §54-367.32(f) (1981) (“is guilty of unprofessional conduct”); Wis. Stat. Ann. §441.07(1)(d) (1981) (“misconduct or unprofessional conduct”).Google Scholar
Mich. Comp. Laws Ann. §333.16221(b)(i) (1981).Google Scholar
Mich. Comp. Laws Ann. §333.16221(e)(i-iii) (1981).Google Scholar
Id.Google Scholar
Fla. Stat. Ann. §464.018(1)(f) (West 1981).Google Scholar
Murchison, I. Nichols, T. Hanson, R., Legal Account ability in the Nursing Process (Mosby, St. Louis, Mo.) (1978) at 31.Google Scholar
388 N.Y.S.2d 42 (App. Div. 1976).Google Scholar
Leib v. Board of Examiners, 411 A.2d 42 (Conn. 1979).Google Scholar
Holder, A., Medical Malpractice Law (Wiley, New York) (2d ed. 1978) at 349 [hereinafter referred to as Holder].Google Scholar
A few statutes now make fee splitting subject to discipline. See, e.g., Mich. Comp. Laws Ann. §§333.16221(c)(iii), (d)(i-iii) (1981).Google Scholar
Legal definitions of unprofessional conduct within the courts of a state have usually been held sufficient to withstand constitutional challenge on vagueness grounds. Holder, , supra note 27, at 348.Google Scholar
See supra note 15, and accompanying text.Google Scholar
Fla. Stat. Ann. §464.017 (West 1981).Google Scholar
Conn. Gen. Stat. §20-99 (1981).Google Scholar
Cal. Bus. & Prof. Code §2761(a)(1) (West 1981).Google Scholar
N.J. Stat. Ann. §45: 1-21 (c) (West 1981).Google Scholar
Id. at §45: 1-21(d).Google Scholar
Nurse Examiners v. Hohu, 268 P.2d 401 (Colo. 1954).Google Scholar
Cal. Bus. & Prof. Code §2231 (West 1981).Google Scholar
Mich. Comp. Laws Ann. §§333.16221(c)(iii), (d)(i-iii) (1981).Google Scholar
Fla. Stat. Ann. §464.018(1)(i) (West 1981).Google Scholar
Conn. Gen. Stat. §20-99 (a) (1981); Va. Code §54-367.33.1 (1981).Google Scholar
Ky. Rev. Stat. §314.091 (1982).Google Scholar