Frequently Asked Questions about Filing a Complaint with the Board of Nursing
- What is the NCBON Complaint Evaluation Tool (CET)?
When and how should a complaint be submitted by an employer or the public?
The Board has no authority over issues such as employment issues, rudeness to peers, co-worker disputes, personality conflicts, absenteeism, tardiness, refusal of assignment or labor management disputes such as work schedules/wages and termination.
North Carolina is a mandatory reporting state; therefore any person who has reasonable cause to suspect misconduct or incapacity of a licensee or who has reasonable cause to suspect the person is in violation of the Nursing Practice Act shall report the relevant facts to the Board. For a full copy of the North Carolina Nursing Practice Act/Administrative Code please visit our webpage, www.ncbon.com > Law & Rules.
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What is the difference between the two complaint forms under the Employer complaint section on your web page?
Illicit Drug Reporting Form – Use this form if you are reporting a pre-employment or random positive drug screen. A FAILED DRUG SCREEN PERFORMED FOR CAUSE OR EVIDENCE OF IMPAIRMENT ON DUTY SHOULD NOT BE REPORTED ON THIS FORM.
General Complaints – Use this form to report anything other than a positive pre-employment or random drug screen such as suspected diversion, positive drug screens performed for cause, impairment on duty, practice issues, criminal charges, etc.
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Does the Board of Nursing investigate complaints against Nurse Aides?
No. To submit a complaint regarding a NA I or NA II you should contact the Health Care Personnel Registry Investigations Division at 919-855-3968.
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How long will it take the Board of Nursing to conduct an investigation into my complaint?
This depends on the complexity and seriousness of the issues we are investigating.
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Does the Board accept anonymous complaints?
Yes, anonymous complaints are accepted, however, we must still have the specifics of the complaint – “who, what, where, when, how & why.” Not having a complainant name may hamper our ability to fully investigate the complaint. One of the main sources of information in an investigation is the complainant. Often the investigator needs to contact the complainant to clarify information, seek additional information or follow up on conflicting information.
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Will my identity be protected if I list myself as the complainant?
The investigator will do all he/she can to protect your anonymity if requested; however, if there are charges brought against a licensee reported to us, you may be required to testify. The licensee has the right to contest the charge(s) and therefore would have the right to question the source of information at Administrative Hearing proceedings.
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How do I find out the status of my complaint?
All complainants who provide a valid name and address are notified as to the final outcome of their complaint.
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Is there a statute of limitations on the time between an incident and filing a complaint?
No. Each complaint upon receipt is reviewed regardless of when the incident occurred; however, it is always better if the report is made close to the time of the event. Locating witnesses and finding documents is more difficult as time passes.
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Is the licensee notified of a complaint?
Complaints which are potential violations of the NPA are referred for inquiry/investigation. The licensee will be notified and given an opportunity to participate in the investigation when there is found to be some merit to the allegation/complaint. However, if the BON does not have the correct mailing address to notify the licensee, the nurse loses the opportunity to participate in the investigation. The investigation will proceed with or without the licensee’s participation. It is the licensee’s responsibility to keep the BON informed of his/her correct address.
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What is the NCBON Complaint Evaluation Tool (CET)?
The NCBON CET is a tool developed by the Board of Nursing for nurse leaders and employers to identify and clarify when practice events are required to be reported to the Board. The CET provides a framework through which employers, nursing leaders, and the Board of Nursing can consistently and justly analyze and evaluate clinical practice events and errors. The CET guides the evaluation of whether the practice event/issue was a result of human error, at-risk behavior, or reckless behavior.
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