How to Report a Nurse for Misconduct: Where to File and Evidence

To report a nurse for misconduct, file a complaint with the Board of Nursing in the state where the nurse is licensed. The board is the agency with authority to investigate and to restrict, suspend, or revoke a nursing license, and it accepts complaints from patients, family members, coworkers, and other healthcare professionals. You can find your state board’s complaint portal through the National Council of State Boards of Nursing directory at ncsbn.org.¹ Depending on what happened, you may also need to contact law enforcement, a federal agency, or the facility’s accrediting body.

What the Board Will Actually Investigate

Boards of Nursing act on violations of the state’s Nurse Practice Act. They do not resolve personality conflicts, rudeness, labor disputes, or billing disagreements, and complaints of that kind are typically dismissed at intake.² The conduct that does warrant a report generally falls into a handful of categories.

Patient abuse or neglect. Hitting, rough handling, improper use of restraints, threats, or humiliation all qualify. So does neglect: skipping medication rounds, ignoring call lights until a patient is harmed, or failing to reposition a bedridden patient until pressure injuries develop.

Boundary violations and sexual misconduct. Pursuing a romantic or sexual relationship with a current patient, accepting substantial gifts, or sharing personal contact information for non-medical reasons are recognized discipline categories.²

Practicing outside the authorized scope. Every license defines what a nurse is trained and authorized to do. An LPN performing RN duties, or a nurse practitioner prescribing beyond state authorization, is reportable.

Impairment on duty. Slurred speech, unsteady movement, the smell of alcohol, or unexplained absences during a shift are grounds for a report. So is drug diversion, meaning stealing medications intended for patients, which is one of the more common complaint categories boards handle.

Fraud and falsified records. Altering a chart to cover an error, documenting care that was never provided, billing for services not rendered, or practicing on a lapsed or suspended license all belong here.

Breaches of patient confidentiality. Discussing a patient’s diagnosis with uninvolved coworkers, posting identifiable information on social media, or sharing records with an unauthorized person violates both professional standards and federal law. These can go to the Board of Nursing and to the federal government, discussed below.

Call Police or APS First When Safety Is at Risk

The board handles professional discipline. It cannot make an arrest or issue a protective order. If the misconduct involves a crime or an ongoing threat to safety, call 911 or local law enforcement first and file the board complaint afterward.

Situations that call for immediate law enforcement include physical or sexual assault, theft of a patient’s property or medications, and any scenario where a patient faces imminent harm. For abuse or neglect of a vulnerable adult, contact Adult Protective Services as well. The national Eldercare Locator at 1-800-677-1116 will connect you with the correct local APS office.³ These reports are not mutually exclusive with a board complaint. When the situation warrants it, file both.

Where to File, Based on What Happened

The state Board of Nursing is the primary agency for complaints about an individual nurse, but it is not always the only one that fits.

State Board of Nursing

Every state has a Board of Nursing that licenses and disciplines nurses practicing in that state. The board investigates alleged violations of the Nurse Practice Act and has the authority to reprimand, restrict, suspend, or revoke a license.⁴ The NCSBN directory links to each state’s board and its online complaint form.¹

The Joint Commission

If the nurse works at a hospital or healthcare organization accredited by The Joint Commission, you can file a patient safety concern through the Commission’s online submission form, by phone at 1-800-994-6610, or by mail.⁵ The Joint Commission does not accept medical records, photos, or billing documents with a complaint; save those for the board filing.

State Survey Agency for Facility-Wide Problems

When the concern is broader than one nurse’s actions, such as chronic understaffing, unsafe conditions, or a pattern of negligent care, the state survey agency that works with the Centers for Medicare and Medicaid Services handles facility-level investigations. CMS publishes contact information for each state agency.⁶

Long-Term Care Ombudsman for Nursing Homes and Assisted Living

For misconduct in a nursing home, assisted living facility, or similar residential care setting, the Long-Term Care Ombudsman program advocates for residents, investigates complaints, and works toward resolution. The service is free and confidential. Find your local ombudsman at ltcombudsman.org or through the Eldercare Locator at 1-800-677-1116.³

HHS Office for Civil Rights for HIPAA Violations

If a nurse improperly disclosed your health information or accessed records without a legitimate care-related reason, file a separate complaint with the U.S. Department of Health and Human Services Office for Civil Rights. Anyone can file; you do not have to be the patient whose information was compromised.⁷

The complaint must be filed within 180 days of when you discovered the violation, though OCR can extend the deadline for good cause. You can file through the OCR Complaint Portal, by email to OCRComplaint@hhs.gov, or by mail to the Centralized Case Management Operations office in Washington, D.C. OCR does not accept anonymous HIPAA complaints; a name and contact information are required.⁷ Filing with OCR is separate from and in addition to a Board of Nursing complaint. The board can discipline the license; OCR can impose civil penalties on the organization and, in egregious cases, refer for criminal prosecution. Both processes can run at the same time.

What to Gather Before You File

A well-documented complaint is easier for investigators to act on. Before filing, pull together the following.

Identifying information for the nurse: full name, place of employment including the specific unit, and license number if available. License numbers sometimes appear on ID badges, and you can also look one up through your state board’s verification tool or the national Nursys database at nursys.com.⁸ Include the patient’s name, date of birth, and contact information.

A chronological account written in observable facts. For each event, note the date, approximate time, and location down to the room number when possible. Describe what you saw, heard, or experienced rather than what you concluded about it. “The nurse did not respond to the call light for 45 minutes and the patient fell attempting to reach the bathroom” is stronger than “the nurse was negligent.” Investigators draw the legal conclusions; your job is to give them the facts.

Names and contact details for witnesses, whether family, visitors, or staff. Supporting documents help: relevant medical records, photographs of injuries, billing statements showing discrepancies, or correspondence with the facility about the incident. Keep the originals and submit copies.

Submitting the Complaint

Most state boards offer online complaint portals, which are the fastest way to file. The form walks you through the nurse’s information, a description of the incident, and document uploads. If you file by mail, send copies rather than originals and use a trackable method like certified mail. After submission, the board acknowledges receipt, usually by email or letter, and assigns a case number. Save the number and reference it in every future communication with the board.

Filing Anonymously or Confidentially

Many boards accept anonymous complaints, but there is a real tradeoff: anonymity limits the investigator’s ability to follow up for clarification, which can weaken the case. Many boards also keep complaint information confidential by default, so even if you give your name, the nurse under investigation usually does not learn who filed. If confidentiality rather than full anonymity is your concern, contact the board and ask about its policy before filing.

No General Filing Deadline for Board Complaints

Board disciplinary proceedings are generally not subject to a statute of limitations. The board’s mission is public safety, and serious misconduct can be investigated regardless of when it occurred.⁹ Filing sooner is still better, because memories fade, witnesses become harder to locate, and records may be lost. If the misconduct happened years ago, file anyway and let the board decide whether it can proceed. (The 180-day HIPAA deadline for OCR complaints is a separate matter.)

What Happens After You File

Board staff first review the complaint to confirm it falls within the board’s legal authority. The key question is whether the allegations, if proven, would amount to a Nurse Practice Act violation. Complaints outside that scope are dismissed or referred elsewhere.²

Complaints that pass screening go to an investigator who gathers evidence, interviews you, the nurse, and any witnesses, and reviews records.⁴ The nurse is formally notified and given an opportunity to respond, which is a due process requirement. After the investigation, the board or a review committee evaluates the evidence, sometimes through informal conferences and sometimes through formal hearings, and decides whether a violation occurred. The full process from filing to final decision can take anywhere from several months to well over a year.

When the board finds a violation, possible outcomes include:

A non-disciplinary letter of concern or required continuing education, which stays private.
A formal reprimand that becomes part of the nurse’s public disciplinary record.
Probation with restrictions such as supervised practice, drug testing, restricted settings, or mandatory counseling.
Fines, which vary by state and violation.
License suspension for a set period with conditions for reinstatement.
License revocation, though some states allow a petition for reinstatement after a number of years.

Disciplinary actions beyond a non-disciplinary letter are public record.⁴ The nurse generally has the right to appeal through administrative hearings or the courts. As the person who filed, you typically do not have a formal right to appeal a dismissal, but you can request information about why the case was closed.

Protection From Retaliation

Concern about retaliation stops many people from reporting. What protects you depends on your relationship to the situation.

If you are a healthcare worker reporting a colleague, federal and state whistleblower protections generally prohibit your employer from retaliating for reports made to a regulatory or law enforcement agency. Retaliation can include demotion, termination, poor performance reviews, reassignment, or denial of benefits.¹⁰ If it happens, document it immediately and report it to the appropriate agency. For HIPAA complaints specifically, the law prohibits retaliation against anyone who files with HHS, and OCR asks to be notified immediately if retaliation occurs.⁷

Patients and family members are in a different position. Workplace whistleblower statutes do not directly apply, but most state boards treat complaint information as confidential and typically do not tell the nurse who filed. If a facility retaliates against you as a patient by discharging you, refusing care, or restricting access, that conduct itself may be reportable and can expose the facility to further regulatory consequences. A concurrent complaint to The Joint Commission or the state health department creates an additional paper trail.

How to Check a Nurse’s License and Disciplinary History

To find a license number for your complaint, or to check whether a nurse has prior discipline, the Nursys database maintained by NCSBN is the main national tool. The free QuickConfirm lookup at nursys.com lets anyone search by name and view license status and publicly available disciplinary actions from participating state boards.⁸ The database covers registered nurses and licensed practical nurses. Not all state boards participate; if a nurse is not in Nursys, check the state board’s website directly, since most run their own searchable verification system.

One boundary to know: disciplinary actions reported to the National Practitioner Data Bank are not open to the public. That database is limited to healthcare entities making hiring decisions, licensing boards, and certain government agencies.¹¹ For a member of the public, Nursys and the state board’s website are where the information lives.

1
NCSBN. Contact a Board of Nursing
2
National Council of State Boards of Nursing (NCSBN). Initial Review of Complaint
3
U.S. Department of Health and Human Services. How Do I Report Elder Abuse or Abuse of an Older Person or Senior
4
National Council of State Boards of Nursing (NCSBN). Discipline
5
Joint Commission. Patient Safety Concerns or Complaints
6
Centers for Medicare & Medicaid Services. Contact Information for State Survey Agencies
7
U.S. Department of Health and Human Services. How to File a Health Information Privacy or Security Complaint
8
Nursys. Nursys – Pair with Trust
9
National Council of State Boards of Nursing (NCSBN). Board Action
10
Office of Inspector General. Report Whistleblower Retaliation – Eligibility
11
eCFR. Title 45 Part 60 – National Practitioner Data Bank