Complaint and Investigative Process

Complaint & Investigative Process

The West Virginia Board of Registered Nurses regulates Registered Nurses (RNs), Advanced Practice Registered Nurses (APRNs), and Dialysis Technicians (DTs) to protect public health, safety, and welfare. Learn how complaints are received, investigated, and resolved under West Virginia law.

📥 Disciplinary Process Brochure

Download our official printable guide: "The Disciplinary Process: What the Public and the Licensee Should Know."

📄 Download Brochure (PDF)📱 File Online Complaint

Filing a Complaint

Who May File

Members of the Public: Anyone who believes they were mistreated, received improper care, or witnessed incompetent, unethical, illegal, or impaired professional conduct by a licensee may file a complaint.

Licensed Healthcare Professionals: Licensees are legally mandated to report incompetent, unethical, illegal, or impaired practice by other licensees to the Board.

How to Submit

Complaints can be submitted through any of the following channels:

📋 Jurisdiction & Types of Complaints Handled

Within Board Jurisdiction: Substance use disorder/addiction, drug diversion, impaired behavior, documentation errors, falsification of records or applications, patient abuse (physical or verbal), HIPAA/confidentiality violations, patient abandonment, practice negligence, psychiatric disabilities, and criminal convictions.

Outside Board Jurisdiction: Personnel and employment disputes, personality conflicts between coworkers, domestic matters, mandatory overtime issues, and wrongful discharge claims.

⚠️ Anonymous Complaints & Complainant Responsibility

Complainants are responsible for providing factual, specific information so a thorough investigation can occur. While anonymous complaints are accepted, investigating them can be difficult without knowing the source; therefore, anonymous submissions must include specific licensee details, dates, locations, and witness names.

The Disciplinary Process Flow

Pursuant to West Virginia Code §30-7-11, the Board investigates complaints and takes formal disciplinary actions when necessary to safeguard patients.

  1. Complaint Receipt & Notice: The Board acknowledges receipt of the complaint in writing to the complainant. The licensee receives a formal Notice of Complaint along with a copy of the filing.
  2. Licensee Response Window: The licensee has fourteen (14) days from receipt of the Notice of Complaint to submit a written response. A written extension request may be submitted to the Board.
  3. Investigation Phase: Board Nurse Investigators conduct an investigation, which may include interviewing witnesses, subpoenaing records/documents, and performing on-site visits. Investigation duration varies depending on case complexity. All investigative files remain strictly confidential during this period.
  4. Probable Cause Review: Following the investigation, the case is evaluated for probable cause:
    • No Probable Cause: Referred to the Disciplinary Review Committee (DRC) for dismissal. Both the licensee and complainant are notified of final dismissal.
    • Probable Cause Identified: A formal Consent Agreement is offered to resolve the matter.
  5. Resolution or Hearing:
    • Uncontested Settlement: If the licensee agrees to the terms, the Consent Agreement is signed by the licensee, the DRC, and the Executive Director, then reported to national discipline databases.
    • Contested Cases: If an agreement cannot be reached, a formal Administrative Hearing is scheduled.

Disciplinary Review Committee & Possible Outcomes

The Disciplinary Review Committee (DRC) consists of three Board members and the Executive Director (non-voting). The DRC is empowered to enter into consent agreements, dismiss cases, issue reprimands, and modify agreements, subject to final ratification by the full Board.

Dismissal

If the investigation fails to substantiate a violation of West Virginia nursing laws or legislative rules, the complaint is formally dismissed by the Disciplinary Review Committee.

Consent Agreements (Reprimand, Probation, Suspension, Revocation)

A Consent Agreement is a voluntary, legally binding contract between the licensee and the Board allowing the licensee to practice under specific terms. Terms are negotiable, but a violation of agreed terms results in immediate license suspension. Outcomes include:

  • Reprimand: The least restrictive disciplinary action, issued with or without practice terms.
  • Probation: The licensee retains their license but must practice under strict terms and conditions for a specified duration.
  • Suspension or Revocation: The licensee is prohibited from practicing nursing for a specified time or permanently. Licensees may later petition for reinstatement, which is typically granted under probationary terms.
Summary Suspension (Emergency Action)

If the Board determines that public health, safety, or welfare requires emergency intervention, a Summary Suspension is immediately ordered to halt practice, and a formal administrative hearing is promptly scheduled.

Administrative Hearing & Final Orders

If a consent agreement is not reached, the case proceeds to a formal hearing presided over by an Administrative Law Judge (Hearing Examiner). The licensee receives a Notice of Hearing at least thirty (30) days in advance.

Following witness testimony and evidence presentation, the Hearing Examiner submits recommendations to the Board. The Board issues a Final Order during a public meeting, which may be appealed to the Intermediate Court of Appeals. Final Orders are permanent public records.

WV Restore Program

WV Restore provides structured monitoring and support for nurses experiencing substance use or health-related impairments, helping them safely maintain or regain their license.

Information for Complainants

Complainants act as witnesses in Board proceedings and do not need a personal attorney. The Board represents the public interest and is legally represented by the West Virginia Office of the Attorney General.

Information for Licensees

Licensees have full due process rights under the law and may choose to be represented by legal counsel at their own expense during any stage of the investigation or hearing process.

Governing Statutory Code & Legislative Rules

Disciplinary actions and proceedings are governed by West Virginia State Code and Legislative Rules: