The State Office of Administrative Hearing or a trial is often the final step in the Board of Nursing’s disciplinary process. Unfortunately, the odds are usually against nurses in these trials, as the system tends to favor the Nursing Board. However, there is a crucial alternative that nurses should consider: State Office of Administrative Hearing Mediation, also known as Alternative Dispute Resolution in some states.
Why Mediation is a Better Option for Nurses
At Expert Nurse Consultants, we strongly recommend that our clients pursue mediation to avoid the high likelihood of losing at a Board of Nursing trial. Mediation is an informal process conducted outside the Board of Nursing, typically within the State Office of Administrative Hearing. Most states offer mediation as a pretrial means to settle contested cases, and Administrative Law Judges (ALJs) often prefer that cases attempt mediation before entering their courtrooms.
Benefits of Mediation
- Cost-Effective: Trials are expensive, both for the state and potentially for the defendant nurse. Mediation can help avoid these costs.
- Less Stressful: The informal nature of mediation reduces the trauma and burden associated with formal trials.
- Better Outcomes: Mediation offers a chance for nurses to present their cases in a less adversarial setting, often leading to more favorable settlements.
How to Request Mediation
Mediation must be requested and approved by all parties involved. While the Board of Nursing can refuse, nurses can file a motion to the ALJ if they believe their case is suitable for mediation. At Expert Nurse Consultants, we assist clients in drafting persuasive motions that have successfully brought the Board to the table.
The Mediation Process
Mediation sessions are usually conducted via video conference in an informal setting. Participants typically include:
- Board of Nursing attorney
- Board Nurse Consultant
- Defendant nurse
- Defendant’s attorney or nurse consultant/expert
- ALJ
As Nurse Advocates, we often attend these sessions, acting as experts to support our clients. The goal is to reach an agreed-upon settlement through negotiations facilitated by the Judge.
Case Example: Successfully Avoiding Trial
Consider a real case where a nurse was accused of diverting Morphine due to a documentation error caused by a hospital’s system transition. Despite multiple attempts to explain the situation to the Board, the nurse was not heard. During mediation, the nurse was able to produce records and explain the system issues to the Judge, who then dismissed the case. This avoided a trial and allowed the nurse to maintain their license without entering a Substance Abuse Program or surrendering their license.
The Use of Mediation to Resolve Dispute on Health Services
Summary
State Office of Administrative Hearing Mediation is a critical step that nurses should pursue before proceeding to an administrative hearing or trial in a Board of Nursing disciplinary action. Despite the Board’s reluctance and many attorneys not informing their clients about this option, mediation can save nurses from the trauma, expense, and burden of a trial. By requesting mediation and presenting a well-prepared case, nurses have a chance to settle disputes more favorably and avoid the harsh consequences often faced at trial.
For more information on how we can assist you in navigating this process, contact us here today or call: 210-200-9660.