Real RN Board Complaint: Accused of Being Intoxicated at Work

Imagine this: you’re a registered nurse serving patients like you do every day, when suddenly your boss pulls you aside and accuses you of being intoxicated. You explain that you’re just feeling a bit under the weather. But before you know it, the police are involved. You’re asked to take a urine test to prove your innocence. It feels humiliating, invasive, and completely unnecessary — but you comply, because what choice do you have?

The test comes back negative. Relief washes over you. Finally, this nightmare is over, right?

Wrong.

Even with a clean test, your employer decides to file a licensing board complaint against you. Suddenly, you’re staring down the possibility of a formal investigation, hearings, and maybe even the loss of your nursing license. All because you didn’t want to leave your patients in the lurch by missing a day of work.

This isn’t just a hypothetical scenario. It happened to a real RN and Berxi customer. Luckily, she knew what to do.

The Power of Having the Right Insurance

When the RN realized the seriousness of the situation, she reached out to her malpractice insurance provider, Berxi. As soon as they got her message, the Berxi claims team leapt into action.

“Every time a Berxi policyholder reports a licensing board complaint, we immediately reach out and hire defense counsel,” explains Ed, a Berxi Claims Examiner. “In this case, I wasn’t able to get in touch with the RN, but we always assign them defense counsel regardless of whether we’re able to make contact. It’s important that Berxi policyholders have expert legal counsel in cases like these.”

Berxi assigned her case to an experienced malpractice attorney, who then drafted a letter to the licensing board, laying out the facts: the negative intoxication test, the lack of evidence, and the baseless nature of the complaint.

The result? The board dismissed the case immediately. It didn’t even go to review.

Think about that for a second. One letter from a lawyer stopped the entire process in its tracks. No hearings. No drawn-out investigations. No sleepless nights wondering if you’ll still have a job next month.

The nurse did get a minor reprimand from her employer for coming to work sick, but that’s a far cry from facing a licensing board. And honestly, who among us hasn’t gone to work feeling under the weather? It happens. But here’s the bigger takeaway: without her own malpractice insurance, this nurse could have been left responsible for finding and paying an attorney over $5,000 to advocate for her — or even worse, fighting this battle without legal defense.

Why Employer-Provided Coverage Often Isn’t Enough

Most employer-provided insurance policies don’t cover licensing board complaints. So if a patient, staff member, vengeful ex — or anyone — files a complaint to your licensing board, you could be handling your defense on your own if you don’t have a supplemental malpractice insurance policy. That means either representing yourself or hiring a lawyer out of pocket, which can cost thousands of dollars.

Why does having your own policy matter so much? Because when you’re accused of something as serious as being impaired on the job, you need someone in your corner who knows the system inside and out. Licensing boards take these complaints seriously, and the language in your response matters. A lawyer knows what to say, what evidence to present, and how to frame your case so it gets dismissed quickly — just like it did for this RN.

“Even though this case seemed straightforward because the RN had proof that she wasn’t intoxicated, being accused of something like this is a very serious matter,” says Ed. “Having an experienced lawyer in your corner is essential, and that’s why Berxi always makes it a priority to provide defense counsel as soon as our policyholders tell us they’re facing a licensing board hearing.”

Board Complaints Can Happen to Anyone

Here’s another point to consider: accusations like this can come out of nowhere. You might think, “That would never happen to me.” But the truth is, it can happen to anyone. All it takes is one misunderstanding, one bad day, or one manager who jumps to conclusions. Suddenly, you’re in the middle of a professional crisis.

Personal malpractice insurance isn’t just about lawsuits. It’s about protecting your license, your livelihood, and your peace of mind. It’s about having a safety net when the unexpected happens. And as this case shows, the unexpected can be downright shocking.

What Should Nursing Professionals Do?

First, check your employer’s policy. Does it cover licensing board complaints? Chances are, it doesn’t. (In fact, many contract and per diem healthcare professionals don’t even have employer-provided insurance at all — and the scary part is, they may not even realize it.)

Once you’ve looked into the details of your employer-provided policy, it’s time to find your own insurance. Policies from providers like Berxi are designed with situations like this in mind. They’re affordable (RN supplemental policies start at $87 a year), and they can save you from financial and emotional turmoil down the road.

At the end of the day, healthcare is an incredibly demanding profession. You give so much of yourself to your patients, and you deserve protection that gives back to you. Don’t wait until you’re in crisis mode to think about insurance. By then, it might be too late.

The Bottom Line

This nurse’s story could have ended very differently. Without Berxi, she might have faced a formal hearing, spent thousands on legal fees, and endured months of stress — all for something she didn’t do. Instead, she had the right coverage, the right lawyer, and the right outcome.

Get a quote from Berxi today and protect yourself, your license, and your future.

 

Image courtesy of iStock.com/CentralITAlliance

Image courtesy of iStock.com/milorad kravic

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The views expressed in this article are those of the author and do not necessarily reflect those of Berxi™ or Berkshire Hathaway Specialty Insurance Company. This article (subject to change without notice) is for informational purposes only, and does not constitute professional advice. Click here to read our full disclaimer