Nursing License Defense
Representation Before the State Board of Nursing
The State Board of Nursing licenses registered nurses, licensed practical nurses, certified registered nurse practitioners, clinical nurse specialists, certified registered nurse anesthetists and licensed dietitian-nutritionists in the Commonwealth. Its matters range from continuing education deficiencies to allegations of patient harm.
A nursing matter may begin with an employer's report after a termination or resignation, an allegation of medication diversion or documentation irregularities, a patient complaint, an arrest, a positive drug screen or a referral to the Professional Health Monitoring Program. For nurse practitioners, prescribing practices and compliance with collaborative agreements are frequent subjects of inquiry.
Mimm Law, LLC represents nurses at every stage of a Board matter, from the initial inquiry through final order and appeal, including monitoring program matters and temporary suspensions.
Governing Law
- Board
- State Board of Nursing
- Statute
- The Professional Nursing Law, 63 P.S. §§ 211-225.5; Practical Nurse Law, 63 P.S. §§ 651-667
- Regulations
- 49 Pa. Code Chapter 21
- Licensees
- RN, LPN, CRNP
- Renewal
- Biennial
Who the Board Regulates
- Registered nurse (RN)
- Licensed practical nurse (LPN)
- Certified registered nurse practitioner (CRNP), with or without prescriptive authority
- Clinical nurse specialist (CNS)
- Certified registered nurse anesthetist (CRNA)
- Licensed dietitian-nutritionist (LDN)
- Temporary practice permits, including for graduates, and multistate practice privileges where the Nurse Licensure Compact applies
Grounds for Discipline
Section 14 of the Professional Nursing Law (63 P.S. § 224) and Section 16 of the Practical Nurse Law (63 P.S. § 666) authorize the Board to discipline a licensee for, among other things:
- Repeated negligence or incompetence in the practice of nursing
- Inability to practice safely because of illness or dependence on alcohol or drugs
- Willful or repeated violation of the nursing laws or the Board's regulations
- Fraud or deceit in practice or in obtaining a license
- Conviction of a felony or a crime of moral turpitude, or ARD, probation without verdict or a similar disposition on a felony charge
- Discipline in another jurisdiction
- Conduct presenting an immediate and clear danger to the public
- Possession, use or distribution of a controlled substance or legend drug other than for an acceptable medical purpose
- Immoral or unprofessional conduct, including departures from accepted standards of nursing practice
Sanctions the Board May Impose
The Board may deny a license, issue a public reprimand, revoke, suspend, limit or restrict a license, require treatment, impose probation or reissue a license subject to conditions. The Board may order a temporary suspension where a nurse presents an immediate and clear danger, and a license is automatically suspended upon a felony conviction under the Controlled Substance, Drug, Device and Cosmetic Act. A nurse whose license is revoked may not reapply for at least five years.
In addition to the sanctions in the Board's own statute, Chapter 31 of Title 63 of the Pennsylvania Consolidated Statutes authorizes each licensing board to impose a civil penalty of up to $10,000 per violation and to assess the costs of investigation against a licensee found to have violated the law.
Obligations That Often Lead to Board Matters
Medication Documentation
Controlled substance counts, waste documentation and automated dispensing records are frequently the foundation of a diversion allegation. Discrepancies should be addressed with care, because the explanation offered to an employer will often be reviewed by the Board.
Nurse Practitioners
A CRNP with prescriptive authority must practice under a written collaborative agreement that meets the Board's requirements, must observe the limits on prescribing controlled substances and must report changes to the agreement to the Board.
Continuing Education
Registered nurses and CRNPs must complete 30 hours of continuing education each biennial period, including 2 hours of child abuse recognition training and, since May 1, 2026, a one-time 2 hours in organ and tissue donation within 5 years. CRNPs with prescriptive authority must include 16 hours of pharmacology, clinical nurse specialists meet a separate CNS requirement, and practical nurses must complete the 2-hour child abuse training.
Matters We Handle
- Employer reports following termination or resignation
- Allegations of medication diversion or documentation irregularities
- Referrals to the Professional Health Monitoring Program
- Criminal charges and convictions subject to Board reporting
- Reciprocal discipline based on action in another jurisdiction
- Continuing education deficiencies and renewal irregularities
- Board-ordered mental or physical evaluations
- Multistate (compact) license questions
How We Can Help
Board Investigations
Upon receipt of a letter of inquiry, a subpoena or contact from an investigator, the firm evaluates the allegations, reviews the licensee's records, prepares a written response and attends any investigative interview. In some matters, an early, well-documented response may resolve the matter before formal charges are filed.
Formal Charges and Hearings
When the Commonwealth files an Order to Show Cause, the time to respond is short, and a respondent who misses the deadline may be held in default and the facts alleged deemed admitted. The firm prepares and files the answer, negotiates a consent agreement where one serves the client's interests, and tries the matter before the hearing examiner or the Board where it does not.
Applications and Reinstatement
For applicants whose history may raise questions, and for licensees seeking reinstatement after suspension, revocation or lapse, the firm assembles the application and supporting record and presents the matter to the Board.
Questions Licensees Ask
My employer terminated me and said it would report me to the Board. What should I expect?
Employers frequently report terminations involving medication, documentation or patient-care concerns. A Board investigator may later request records and an interview. The nurse should preserve any documents in his or her possession, avoid informal statements about the incident and obtain advice before responding to the Board.
What is the difference between the Voluntary Recovery Program and the Disciplinary Monitoring Unit?
The Voluntary Recovery Program is a confidential, non-disciplinary track for qualifying nurses who acknowledge a substance use disorder or other condition and agree to at least three years of treatment and monitoring. The Disciplinary Monitoring Unit monitors nurses whose monitoring is part of a public disciplinary order. Eligibility for the voluntary program is limited, and the choice between the two has lasting consequences.
Does a nursing license in another compact state affect a Pennsylvania matter?
Yes. Discipline in one jurisdiction is a ground for discipline in others, and action against a Pennsylvania license may affect multistate practice privileges. A resolution should be structured with each licensing jurisdiction in view.
Must I report a pending criminal charge, or only a conviction?
Both. The Board's regulations require registered and practical nurses to report pending criminal charges within 30 days, and to report a conviction, plea, Accelerated Rehabilitative Disposition or probation without verdict within 30 days of the disposition. Discipline in another state must be reported as well.
Should I speak with an investigator before I have counsel?
A licensee who receives a letter of inquiry, a subpoena or a telephone call from an investigator with the Bureau of Enforcement and Investigation should be courteous and should note the investigator's name and contact information, but should not give a substantive statement before obtaining advice. Anything said to an investigator may be included in the report reviewed by the prosecuting attorney and, later, by the Board. Counsel can determine what is being alleged, gather the relevant records and prepare a response that is accurate, complete and appropriately limited.
Must I report a criminal conviction, plea or ARD, or discipline in another state?
Yes. Pennsylvania law requires every licensee to notify the licensing board in writing within 30 days of discipline imposed by a licensing authority in another jurisdiction and of a finding of guilt, guilty plea, plea of nolo contendere, probation without verdict, disposition in lieu of trial or Accelerated Rehabilitative Disposition on a felony or misdemeanor charge. Some boards' regulations impose additional or earlier reporting duties, including, for nurses and massage therapists, a duty to report the filing of criminal charges within 30 days. A failure to report is itself a ground for discipline, and it is frequently charged alongside the underlying conduct.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel.
Related: All Licensing Boards · Licensing and FAQs
Last reviewed September 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.