Understanding the Impact of Nursing License Probation: A Guide for Nurses
Finding out that your nursing license is going to be on probation can feel scary and stressful. We know how tough this situation is for you. You’ve worked hard for years to build your nursing career, and now it might seem like everything is at risk. Having your license on probation doesn’t necessarily mean your career is over, but it does come with challenges. While on probation you may need to follow certain rules and conditions in order to keep working as a nurse. Understanding these rules and making sure you follow them is important for your future. Let’s talk about what this means for you and how you can move forward with confidence.
What is Nursing License Probation?
If your nursing license is placed on probation, you can usually still work as a nurse, but there may be specific conditions and requirements to follow. These rules depend on your state and your situation. You may be required to take continuing education courses, work with a counselor, submit to drug testing or work under supervision.
Common Rules of Probation
Supervised Practice: You may have to work while being supervised by another nurse.
Regular Reporting: You or your supervisor may be required to send updates to the nursing board.
Education: You may have to take certain classes intended to address the alleged violations in your case.
Why Following the Rules is Important
It’s really important to follow all the rules of your probation. If you don’t, you could face serious consequences, such as having your license suspended. It is important that you understand each requirement and stick to it.
In Arizona, the nursing board respects honesty and documented efforts geared to improve your situation. If you have any problems, acting quickly, telling the truth, and getting a lawyer can help you protect your career.
Arizona Nursing License Probation | Nurse Licensure
Nurses in Arizona receive probation for licenses through a Consent Agreement. The Consent Agreement requires the nurse to do certain things (drug testing, work supervision, counseling, continuing education).
Alternatively, refrain from doing things (unsupervised nursing like home health, working under the Nursing Licensure Compact, using alcohol, etc.).
Nurse License Probation can affect the following:
- Registered Nurses (RN)
- Licensed Practical Nurses (LPN)
- Nurse Practitioners (NP)
- Certified Registered Nurse Anesthetists (CRNA)
- Licensed Nursing Assistants (LNA)
Arizona Nursing Board Investigations and Outcomes
Nurses who hold a license or certification in Arizona can face license actions by the AZ State Board of Nursing for any investigatory matters. If the AZBN determines formal licensing action is necessary, it will happen after the completion of an investigation.
It’s the job of the Board to review any complaint alleging a violation of the Arizona Nurse Practice Act (“NPA”) and Arizona law. At an Arizona Nursing Board Meeting, the Board will vote to determine the outcome of each investigation. Therefore, one may need a defense attorney. The Board can vote on a non-disciplinary outcome or vote to offer the nurse a formal discipline.
Arizona Nursing Board Appeals
It’s always disappointing when a nurse receives an unfavorable decision from the Arizona Board of Nursing (AZBON). However, nurses in Arizona can benefit from understanding the process that goes along with Arizona Board of Nursing appeals and hearings after the Arizona Nursing Board Complaint is heard.
If you are facing an unfavorable AZBON outcome due to an Arizona Board of Nursing disciplinary action, you can always appeal the decision (for instance, after LPN discipline).
Nurse Responding to Complaints and Investigations
After receiving an Arizona Nursing Board Complaint or self-report, the Board gives a nurse an Investigative Questionnaire and a notice requesting additional information and response to allegations found in the complaint. From here, the AZBON assigns an investigator to the complaint, and they begin to collect evidence.
The documents and evidence collected include the following:
- Patient medical records
- Employment files from the nurses’ employer and business
- Criminal records
- Interviews of people associated with the Board Complaint or nursing program. (These interviewees can include the patient, nursing director, colleagues, etc.)
Criminal History Considerations
Arizona Nursing Board Criminal History is an important consideration. The nurse must report a felony within ten days of being charged.
Reportable Misdemeanors and Offenses (per A.RS § 32-3208)
- Assault and Related Offenses
- Theft and Related Offenses
- Fraud, Deceit, and Related Offenses
- Abuse, Neglect, Exploitation of a Child or Vulnerable Adult, and Related Offenses
- Sexual and Related Offenses
- Drug and/or Alcohol Related Offenses
- Arson and Related Offenses
- Animal Abuse, Cruelty, and Related Offenses
Nurses’ Criminal Record and Convictions
People frequently ask our attorneys whether state law allows a nursing professional with a felony criminal background to get a license with the Arizona State Board of Nursing. The short answer is yes.
An Arizona felony for nurses will not necessarily prevent a nurse from obtaining a license or a career in the medical field. However, the Board has a public policy on its website covering the details of under what circumstances a nurse (like an RN) with a case resulting in a criminal sentence can get a license.
Tips for Working During Probation
- Be Honest: You may be required to share your probation status with your employer.
- Stay Reliable: Make sure you comply with all the terms of your probation.
- Be Professional: Keep a professional attitude and work hard.
Can You Work Registry While on Probation with the Arizona Nursing Board?
No, unless the Board agrees to allow the nurse to work the registry for a specific employer. Or if the nurse is granted an amendment after signing a Consent Agreement.
All licensed nurses on probation via a Consent Agreement with the Arizona Board of Nursing have practice-related requirements.
Standard Consent Agreement Terms
The nurse may not work for a nurse’s registry, home health, traveling nurse agency, any other temporary employing agencies, float pool, or position in which they cannot maintain the supervision requirements.
Supervision by Another RN is required. Nurses working registry cannot fulfill the supervision requirements because they must be supervised by the same RN each shift (or another under certain circumstances).
Supervision Requirements
Direct Supervision: Another RN must be on the unit with the nurse during the shift.
On-Site Supervision: Another RN must be in the building with the nurse during the shift.
Will Your Boss Know If You Are on Probation With the Arizona Nursing Board?
Yes, any probation (via a Consent Agreement) from the Arizona Nursing Board requires that your employer knows the terms of your probation.
In fact, any Arizona nurse on probation must provide a copy of the entire Consent Agreement and Order on or before the hire date. If the nurse is currently employed when signing the Consent Agreement, they must provide a copy within three days from the Order’s effective date.
Arizona Nurses’ Actions to Take
If currently employed, the nurse shall cause their immediate supervisor to inform the Board, in writing and on employer letterhead, acknowledgment of the supervisor’s receipt of a copy of the Consent Agreement and the employer’s ability to comply with the conditions of probation.
Probation on Employed Nursing Students
If the nurse attends a nursing program, the nurse shall provide a copy of the entire Consent Agreement to the Program Director before beginning the program. Or, if already a student, within three days of the Order’s effective date.
The nurse shall cause the Program Director to inform the Board within three days of the notification, in writing and on school letterhead, acknowledgment of the program’s receipt of a copy of the Consent Agreement and the program’s ability to comply with the conditions of probation during clinical experiences.
Working Out of State While On Probation
So, Can a Nurse Work Out of State While Under Probation with the Arizona Nursing Board?
Yes, under certain conditions.
All licensed nurses on probation via a Consent Agreement with the Arizona Board of Nursing have practice-related requirements.
Standard Out-of-State Terms
Prior to accepting any out-of-state nursing employment, the nurse shall notify the Board of the State in which the nurse seeks to practice of their Consent Agreement and Order and shall obtain authorization from the Board to practice as a nurse in another State.
The nurse shall direct the licensing Board of the other State to submit authorization to the Arizona Board verifying the nurse is approved to practice nursing in that State.
Once authorization is received by the Arizona Board, the nurse may submit a written request to the Arizona Board requesting an amendment to the Consent Agreement to permit the nurse to fulfill the terms and conditions of the Consent Agreement in the other State.
Seeking Support During Nursing Probation
Lean on Your Support Network
It’s important to have people around you who can help. Family, friends, and coworkers can give you support and encouragement. They can help you stay positive when things get tough. Don’t be afraid to talk to the people who care about you.
Join Professional Groups
Professional nurse groups can give you resources and advice. For example, in Arizona, the Arizona Nurses Association helps nurses find support. Being part of these groups can help you stay connected and informed.
How a Lawyer Can Help
A lawyer who knows about nursing license defense can help you through your probationary period. They can explain your terms, assist with maintaining compliance, and help if more problems or complaints arise.
Ways a Lawyer Can Support You
Clear Guidance: They can explain what you need to do.
Emotional Support: They can help you stay calm and confident.
Advocacy: They can represent you in a hearing or if there are any disputes.
Get Legal Help for Nursing License Probation in Arizona
For direct legal help, contact us today or see our Nursing License Defense Attorney page.