How to Handle a False BON Report: Essential Knowledge to Protect Your License

Disclaimer: The following is not legal advice or intended to provide any legal guidance to nurses. Always consult with a legal professional for advice.

Podcast Episode

Receiving a letter from the Board of Nursing (BON) can be a heart-pounding, stomach-panging experience for any nurse. But what about when that letter is based on a false report? If the complaint and or allegations are false, then what? The stress and confusion only amplify.

I get it—you’re likely thinking, “How could this happen? Who do I tell? And what do I do now?”

Here’s the FIRST thing: you’re not alone. Take a breath. Call a lawyer. Unfortunately, false reports do get made to regulatory agencies, and they have to investigate all reported claims. 

Remember, the BON’s mission is to protect the public, so they must investigate. Therefore, a false claim that may get dropped, although it could possibly take a couple of years from beginning to end. And while it’s overwhelming, you’ve got options. The key is understanding the process and knowing your rights.

In this article, I will provide some basic educational information, but remember you always need to seek legal counsel, and this article should never be taken as legal advice.

Knowledge Is Power, as Is Liability Insurance

If you have gotten a letter from the Board of Nursing - Breathe. You can handle this. If you haven’t read my previous article, BON Investigations: What Every Nurse Needs to Know, where I talked about the heart-stopping experience of receiving a letter from the Board of Nursing, you should absolutely read that one as well. Be sure to check out the podcast on the NURSE CONVERSE, where I discuss in the series how to protect your license. 

While receiving a BON investigation letter is undeniably intimidating and scary, not every complaint is valid. Regulatory agencies must investigate every complaint, valid or false. So, it’s essential to understand the process and to be prepared.

As a prior investigator for a BON and legal nurse for a decade, I can say from firsthand experience that knowledge helps. “Knowledge is Power,” as I like to say. With knowledge and understanding, you can take action, which will lower your anxiety. 

Quite honestly, I think every nurse should know the BON investigation process and possible outcomes as a kind of “scared straight” approach. I know that if you're going through this right now, it can feel overwhelming—like your entire career is on the line. Trust me, I get it. But I'm here to provide you with basic guidance and resources to help you handle what you feel is a false report with confidence.

The information in this and my recent article on BON Investigations is important. However, above all else, you should understand that if you hold a professional license, you need professional liability insurance. It’s not optional. Having professional liability insurance protects you in ways you can’t even imagine, which is why I advocate for it across all of my content platforms.

Let me reiterate: this is not legal advice — you should always seek legal counsel. In this article, I’m offering educational insight based on my unique background as a prior BON investigator and legal nurse expert. I do not provide legal advice ever, and none of my content should be taken as such.

Step 1. Get Organized—Start Mounting Your Defense

So, you received a letter of complaint or notice from the BON. Strap in, because this may be the 2-3 year ride of your life. Understanding that investigations take time can help alleviate anxiety so you can get organized and mount your defense.

First things first — talk to no one. Call your professional liability insurance company immediately. Then, seek out administrative lawyers or lawyers who represent healthcare professionals in front of a board and get organized! Acquiring legal counsel and staying organized are the most critical steps to ensuring your defense is solid and well-prepared.

YOU are an active part of your investigation, and shouldn’t simply hand the situation over to your legal team. Your license, career, and livelihood are too important to leave in others’ hands. Stay involved, and get organized. 

Immediately documenting everything that may be relevant to your case is critical. Even baseless investigations can take 2-3 years. Think of it like this: do you remember what you had for dinner four nights ago? Memories fade. Waiting until year two to recall and document facts from the reported event will be difficult, if possible at all. Trust me, I’ve seen it play out in real life. 

Start meticulously collecting evidence and mounting your defense so that you can work alongside your legal team to prove how the claim is false. Write down every detail, small or large, that you feel is relevant to the case.

The nature of the complaint and whether it’s related to patient care, any interaction requiring medical records, or personal issues will dictate the information you need to gather. The following may not be inclusive of everything, but should give you a general idea of the things you should start collecting and documenting immediately.

What to Collect

1. Patient Records

If the complaint is related to a specific patient care incident, your first task is to meet with your legal team to get the complete file and evidence in the case against you — especially the medical records. 

Do not access medical records outside of your legal or risk management team. HIPAA applies here. Legal provisions under due process, through your legal team, afford you access to these records. It is illegal to access anyone’s medical records outside these conditions.

Read and thoroughly consider the allegation(s). Take notes and work with your legal team to collect the information you need from the records. Also, gather internal and external communications if they’re related to patient care. You can accomplish this before accessing the records based on the allegations, even if they are false.

Have your legal team include anything and everything that would help to defend yourself, including:

• Medical charts
• Nursing notes
• Lab results
• Medication administration records
• Any other documents that demonstrate your actions during the incident

Your legal team should request access to such documents so that you can provide a thorough response to the allegations or charges against your professional license. Concurrently, you must take an active role in the process, documenting as much information as possible. Memory fades, so you should not speak about anything that you cannot support with facts.

2. Correspondence and Communication Logs

Gather and note any written communication related to the complaint to share with your legal team. If you can recall it, write it down and share it — immediately. 

For example, the hospital cameras may have a video of you in the hall to corroborate your defense. But, given the lengthy investigation process, it may not exist 6 months to 3 or 4 years from now. By that time, the footage may get wiped or recorded over. If your legal team knows it exists NOW, they can acquire it or ask that it be maintained.

Be sure to include things like:

• Emails
• Text messages
• Possible incident reports written due to the event

Your team can obtain these items through a legal process called discovery. These types of communication logs help clarify the situation or show discrepancies in the allegations. Save these communications in an organized fashion. It can be very valuable later on, mark my words.

3. Witness Statements

Colleagues or others involved may have witnessed the situation. Have your legal team request that the board reach out to these witnesses and your legal team. They will be asked to write statements or provide testimonies that support your actions or provide context to the event in question.

Since BON investigations can take a couple of years, and people move jobs and places, you don’t want to lose track of them. Ensure that your legal team gets the witness’s phone numbers and email addresses.

4. Your Policies and Procedures

Be sure that you and your legal team do a thorough review of any relevant organizational policies and procedures, as well as state or federal laws regarding the incident. 

List these policies and procedures to your lawyer, especially if they are not a nurse and don’t know what the standards of care (SOCs) or evidence-based practices (EBPs) are, as they relate to the incident. This knowledge is a significant aspect of why your active involvement in the case is essential, especially when the claims are false.

Additionally, ensure that your legal team consults an expert nurse to corroborate your conduct. Neither you nor your legal team is a subject matter expert (SME). Be sure your team consults with one.

WWMD (What would Maggie Do?)

Break it down one step at a time. Take it one minute, one hour, and one day at a time. Give yourself grace — this is a lot, and if you’re overwhelmed by how much there is to gather, break it down into smaller steps. 

Start with the most urgent documents and move on from there. I recommend setting aside a dedicated time each day to focus on gathering information and working on your case. Even a little progress each day will help you feel less stressed and more informed.

You do not have to tackle all of this at once, and remember, you have a legal team you are leaning on. Take a breath. As someone who saves lives daily, you can do this, I promise.

Step 2. Get Legal Counsel Immediately

Alright, nurses, so if you take nothing else from this article or what I say, I want you to know this is serious — and remember this: Do not speak to anyone from a four-letter agency without your lawyer. Period. They are not your friend — they have a duty to the public and not you. Your lawyer has a fiduciary duty to you, not the four-letter agency. 

I know it’s tempting to think, “I’ll just explain what happened, and they’ll understand this is false anyway.” But that’s not how this works. The Board of Nursing — or any regulatory agency — isn’t there to protect you. 

The BON’s focus is to protect the public. They’re trained to gather evidence, not hear your side with empathy. Plus, you may not even speak with a nurse who understands the jargon coming out of your mouth — GET A LAWYER!

Even if the complaint is false, the board’s goal is to investigate, and they can use anything you say against you. I’ve seen too many nurses believe they can explain their way out of a situation, only to end up making things worse. That’s why you need a legal representative in your corner from the start — lawyers know how these agencies operate and what to expect.

Types of Lawyers to Hire for BON Investigations

Don’t just hire any lawyer — just like a nurse is not a nurse is not a nurse, a lawyer is not a lawyer is not a lawyer. Your criminal attorney might be fantastic in a courtroom. Still, unless they specialize in representing professionals before licensing boards, they’re not the right person to guide you through a Board of Nursing investigation.

You should seek out a lawyer who specializes in professional licensing defense. It would be ideal to find a nurse who is also an attorney. But, no matter what, your lawyer should have ample experience representing healthcare professionals before the BON. You need someone who knows that process inside and out — trust me on this one, I have seen this go wrong. 

Now, if you are involved in more than one type of litigation, let’s say, for example, a civil case, you should also consult a professional defense attorney. If there’s a criminal aspect involved — and yes, I’ve seen cases where criminal charges spill over into BON complaints — you’ll need a criminal defense attorney as well as an administrative lawyer.

Remember: what you say in any court of law can and will be used against you at the Board of Nursing. I definitely saw this from child support to criminal felony charges. 

Lawyers Protect You During an Investigation

Here’s the big one: Do not talk to investigators without your lawyer present. I can’t stress this enough. Investigators are trained to make you feel comfortable — like they’re just “getting some information.” But those casual questions? They’re building a case. 

Imagine this: A patient accuses you of unprofessional conduct. An investigator asks you to “tell your side” — you’re upset, stressed, and just want to clear things up. Without meaning to, you may say something that’s misinterpreted or taken out of context — and suddenly, that innocent conversation becomes evidence against you.

Now picture the same scenario — but with your lawyer by your side. They guide the conversation, help you stay calm, and make sure you’re not unintentionally hurting your case.

I’ve covered some of this on The Conversing Nurse Podcast, where I share practical advice and stories. I’ve also created several other resources here on Nurse.org that you can reference.

Step 3. Liability Insurance — Don’t Skip This Step

Ok, nurses, let me break this down: You must get professional liability insurance! Skipping this step is like driving without car insurance and hoping you won’t get into an accident. 

I say it all the time: You don’t need insurance until you need insurance — and by then, it’s too late.

Professional liability insurance isn’t just for lawsuits. It can also help cover the costs of defending yourself in a BON investigation. These costs add up fast, especially when there is more than one type of litigation, and maybe you’ve lost your job. So, don’t wait until there is even a false claim made against your license; get it now!

Why Professional Liability Insurance Matters

• Covers Legal Fees: Facing an investigation? Your policy can help pay for your lawyer and those mounting legal expenses.
  
  
• Acquiring Legal Counsel: Have a medical malpractice case? Your policy can help you get your own legal counsel. Do not rely on the organization if, let’s say, there was an incident with a bad outcome that was due to you; this affords you your own legal counsel. Their legal team has a fiduciary duty to tell you they represent you and the organization.

Lawyers and nurses reach out to me daily, and I always say, "Nurses are trained to care for others, but don’t know the rules and regulations that dictate our license." If you don’t have professional liability insurance yet, do yourself a favor and make it a priority today. 

For more tips and support, follow me on Instagram, check out The Nurse Converse Podcast and subscribe, and visit me at Advocates4nurses.com. I’m here to help you stay informed, protected, and prepared — because no nurse should face this alone.

Step 4. Know Your Whistleblower Rights

Whistleblower protections exist for a reason—nurses are often the first to spot unsafe, unethical, or even illegal practices.

Sometimes, a complaint filed against you isn’t really about your actions—it’s retaliation for what you spoke up about. Whether you reported unsafe staffing, questioned poor patient care, or raised concerns about unethical behavior, if you believe a complaint was lodged against you because you voiced your concerns, whistleblower laws at the state, federal, and Board of Nursing levels could protect you.

What to Do

1. Know Your Rights

Whistleblower laws protect nurses who report unsafe practices or unethical behavior in good faith. These laws guard against retaliation for speaking up about dangerous working conditions, unsafe patient care, or violations of laws and regulations. This protection extends to your Board of Nursing, where they have clear guidelines for handling complaints filed by nurses who are acting as whistleblowers.

For instance, the NCSBN, as well as your state, provides resources for understanding how to navigate your rights if you are accused after speaking out. The NCSBN outlines in their policy that nurses who report in good faith are shielded from retaliation, including threats, demotions, or job loss.

2. Document Everything

Keep clear records of all actions related to your complaint, including:

• Who you reported the issue to
• When you raised the concern
• The specific issue you reported
• Any follow-up steps you took

For example, if you reported a staffing issue or unsafe patient care practice, note the time and date of your report and to whom it was made. This documentation will be crucial if you need to defend your actions.

3. Act with Integrity

If the complaint against you stems from standing up for your patient or yourself, do not back down. It's essential to remember that as a nurse, advocating for patient safety and ethical practices is your responsibility. If the issue is related to your whistleblowing, stay firm in your stance. NCSBN's guidelines specifically note that nurses cannot face disciplinary action for reporting unsafe conditions as long as they made the report in good faith.

4. Know the Reporting Process

Familiarize yourself with the official process for reporting unsafe practices in your workplace. Many Boards of Nursing and employer protocols have clear procedures for reporting concerns, and understanding the process will help you protect yourself if the complaint turns into a legal or formal issue. 

The NCSBN offers resources for navigating how to report concerns to your Board of Nursing and what protections are available at each step.

5. Reach Out for Support

If you’re unsure of the next steps, consider contacting your lawyer or legal expert who specializes in Board of Nursing cases or whistleblower issues. Speaking to someone experienced can provide you with a clear action plan to defend yourself and understand your rights in greater detail.

Remember, whistleblowing can sometimes be a difficult and isolating experience, but it's essential for patient safety. As a nurse, you do not have to face retaliation alone—for a deeper dive, check out my article, Whistleblower Rights: Navigating the Risks and Rewards, as well as the episode on the Nurse Converse Podcast.

Step 5. Respond to the Investigation Promptly

But it’s false! I don’t understand. Even if the allegation is baseless, you still need to take the investigation seriously and act quickly. Get legal counsel now. Investigations by your state Board of Nursing can take years to resolve—sometimes up to three or four—especially if the investigator was like me and managing 200-300 open cases at a time.

False allegations don’t get fast-tracked just because they aren’t true. The process still moves at the BON’s pace, and your role is to stay organized, get legal counsel, and be sure they remain responsive and professional every step of the way.

What to Do

1. Reply on Time—Every Time

Work closely with your legal team to meet every deadline. If you're overwhelmed or need an extension, communicate that clearly with your legal team, who will then speak to the BON. 

Most Boards will grant extra time if you request it properly and explain the reason. Ignoring requests or being late with documents only delays your case and may make it look like you're avoiding the process, which can lead to discipline.

2. Provide Complete, Clear Information

When you submit documentation, don’t give them a puzzle. Make sure everything is labeled, organized, and directly addresses the questions asked. Incomplete responses or vague answers can weaken your defense, even if the allegations are false, which is why it’s essential to work with your legal team and an expert nurse. 

3. Tell the Story—With Facts, Not Feelings

When you write a statement, do not “storytell” or ramble. Stick to facts, and explain the situation clearly from a professional standpoint using EBP, SOC, policy, and procedure, as well as anything else that is relevant to your case. 

One of the biggest mistakes nurses make is writing statements full of emotion, assumptions, or defensive language, and addressing or bringing up issues or even deviations that the board did not. Instead, you want to:

• Provide a short professional background about yourself. Here is your opportunity to talk about yourself and include anything and everything. Paint the picture of who you are and what you have done.
  
  
• Clearly outline what happened, using facts only. You can point out culture, but just as a fact. Do not say 10 other nurses did this; simply state that this was recognized work culture and workflow on the unit, with the number of years that you were present in the unit, and that others can support it.
  
  
• Directly address the allegation. With your legal team and expert nurse consult, use facts, policies, EBP, SOC, pictures, and videos to explain and spell out in 8th-grade language exactly what took place.
  
  
• Add any supporting evidence. This evidence includes policy documents, charting, videos (if applicable), or unit culture context.

4. Think Like an Investigator

Assume the investigator knows nothing about your workplace, unit culture, or your day-to-day nursing workflow. Use language that they will understand and try to avoid jargon, especially if they are not a nurse. They’re not trying to trap you—but they are trying to understand what happened, and they need clarity. So give them the whole picture.

Ask yourself:

• What would help them understand why this complaint doesn’t make sense and explain it like you would to a 5th grader?
• What context explains how the unit operated that day?
• Are there any facts or protocols that completely contradict the allegation or complaint made against me?

Responding after you have the complete file, promptly and thoroughly, is one of the strongest ways to protect yourself against false allegations. Don’t let delays or missing information weaken your credibility. Show the Board you take your license—and the investigation—seriously. Work alongside your legal team and work on getting the false allegations or complaint against you, CWOPed, or CLOSED WITHOUT PREJUDICE. 

Step 6. Lean on Your Support System

This process can be long, isolating, and emotionally exhausting— even if the complaint is entirely false. One of the most overlooked protections is having a strong support system, both professionally and personally. That support can come in many forms: your legal team, mentors, family, other nurses who’ve been through it, and mental health resources. All of it matters. 

As I’ve shared with countless legal teams and nurses, education and emotional support go hand in hand. I’ve created handouts, tools, and guidance to help nurses stay informed and steady throughout the investigation process. Because the truth is, most nurses aren’t educated about what happens when they’re reported. As RaDonda Vaught and I discussed in an episode of the Nurse Converse Podcast, the lack of knowledge leaves nurses vulnerable to long-term consequences—not just for their careers, but for their livelihood and mental health.

But knowledge is power. And a support system makes a difference, even when the complaint isn’t valid.

What to Do

1. Read Everything Carefully

Don’t skim letters from the BON or other investigators. Read every word. Revisit it later when emotions are lower. Watch the NCSBN video on being under investigation, and explore your state’s regulatory process for nurses.

2. Talk to Your Family and Trusted Friends

You don’t have to go through this alone. Tell a few people you trust what’s happening. Their emotional support can help balance the mental load.

3. Join a Nurse Support Group

There are groups—online and in person—where nurses share experiences and support each other through BON investigations. These communities offer not just empathy, but real-world advice.

4. Speak with a Mental Health Counselor

The stress of a false allegation is real. A licensed therapist or counselor can help you manage anxiety and stay grounded. Seek out low-cost or free resources to reduce the financial strain.

🎧Listen to the Nurse Converse Podcast

Want more insight into how to navigate a Board of Nursing complaint—especially a false one? Check out the Nurse Converse Podcast. I host it and discuss sharing tools that can help you not just survive, but come through stronger.

Advocate Maggie Tip: “Always lean on your support system, and never forget: You're not alone in this, and it will come to an end eventually."

Final Thoughts: Don’t Let a False Complaint Define You

Getting reported—especially when you’ve done nothing wrong—can feel like your world is crashing down. But you are not the complaint. You are a licensed professional with rights, resources, and a career worth protecting. "It’s not about the allegation, it's about your integrity. No false complaint can take away what you've built."

By staying organized, seeking support, understanding the process, and being proactive, you can get through this—and come out even more confident. I have seen it. You can do it. You are a nurse. 

Ready to Take Action?

• Review your state’s investigative process
• Gather documentation: records, timelines, communications, witness info
• Consult a nursing law attorney ASAP
• Understand your rights, including whistleblower protections
• Stay prompt, clear, and thorough in every response

"WWMD? Stay ahead of the game by understanding the process and having professional liability insurance before something happens."

Follow me and Nurse.org on Instagram for ongoing education, resources, and support. And don’t forget to tune into the Nurse Converse Podcast. Tag a nurse who needs to hear this. Share this post. And keep the conversation alive.

You’ve got this. I’m in your corner.

Legal Disclaimer and Author’s Note: Maggie Ortiz, MSN, RN, is the CEO of Advocates for Nurses and a former Board of Nursing investigator. She offers courses on charting, Legal Nurse Consulting, and mentorship for nurses at all stages. Learn more at AdvocatesForNurses.com. The information in this article is for educational purposes only and should not be construed as legal advice. For specific legal questions regarding Board of Nursing investigations or professional licensing matters, please consult a qualified attorney.

🤔 I want to hear from you. Have you ever received a false complaint? How did you handle it? Your story might be the one that helps another nurse feel less alone. Drop your comments below, and let’s keep the conversation going.