If you have a professional license and have received a complaint, you may have questions such as, “What is a boundary violation?” Boundary violations may occur when a professional — such as a doctor or nurse — does something that may violate a code of conduct or law when they engage with a patient. For example, accepting money or gifts from a client or patient may be a boundary violation, as would developing a romantic relationship with a patient.
The professional license defense attorney at Remington & Dixon, PLLC fiercely advocates for those who risk losing their license or face other consequences because of alleged boundary violations in North Carolina. We understand how hard you worked to get your license, and we welcome the chance to work hard to help you keep it.
Defining Professional Boundaries: What Are They?
Professional boundaries are included in an ethical code and set of norms that define how a professional interacts with a patient, client, or someone seeking their services. These are in place to help patients feel secure, safe, and confident about the care or help they’re receiving.
They also allow the professional to focus on the task at hand rather than letting personal interests get in the way of their practice.
The person’s oath they took when they received their license may also shape the boundaries expected of them. An explicit code of conduct for a profession — such as nursing — or a specific employment position — such as an x-ray technician at a hospital — may outline these guidelines. Similarly, a state law may explicitly define what is and is not acceptable for a professional to do when engaging with a client.
What Is a Boundary Violation?
Boundary violations often occur when a professional crosses the line in a significant or harmful way. The professional may do this intentionally; however, many breaches are inadvertent or done without malicious intent. The professional may unknowingly suggest something unlawful — like fraudulently submitting a prescription — or do something that’s in their own best interest versus their patient’s best interest.
Common Types of Boundary Violations
Many different types of behavior can qualify as a boundary violation, including:
- Bribing a patient into seeing a specific doctor because the professional is friends with that doctor or hope they send the professional referrals as well
- Developing a sexual or romantic relationship with a patient
- Telling a patient private details about the professional’s personal life and asking them to help them through it
- Touching a patient inappropriately
- Disrespecting a patient’s stated or implied physical, emotional, or financial boundaries
Other violations may involve conflicts of interest for making recommendations that are outside the scope of your practice or otherwise unprofessional.
Immediate Repercussions of a Boundary Violation
The immediate consequences of violating a patient’s boundaries can change depending on the type of violation and your past professional record. In some situations, the Board may begin an investigation without suspending your license. However, the Board may find it appropriate to suspend your license while they investigate a severe type of allegation against you.
You may receive a notice in the mail about the claims against you. This notice may include basic details about the incident, such as the name of the patient who filed the complaints and a general description of what happened. Additionally, this notice will tell you the date that the complaint was filed and when you need to submit a response.
Long-Term Consequences for Your Professional License
Boundary violations can have long-term consequences on your professional license and your ability to get jobs in your field in the future. The Board may suspend your license for months or even a year or more. In some cases, the Board may permanently revoke your license, preventing you from practicing in that field. The Board also can impose penalties and other sanctions, such as requiring you to pay a fee or pay restitution to the alleged victim of the boundary violation.
Under North Carolina law, for example, the North Carolina Psychology Board has a broad authority to punish psychologists for violating the ethical code. Punishments they might issue include suspending or revoking someone’s license or requiring them to pay fines.
Defending Yourself Against Boundary Violation Allegations
If you received a complaint against you from a disgruntled patient, you may worry about the consequences of crossing professional boundaries. You can defend yourself against these allegations, and you don’t have to do it alone. Working with an experienced license defense attorney who is well-versed in this state’s professional license defense laws may be in your best interests.
Your lawyer can investigate the underlying claim against you by reviewing supporting documents or talking to witnesses.
They can also research the law to find exceptions that you can use in your favor to argue that you should be able to keep your license. A professional license defense lawyer can also develop arguments to request a lesser penalty or to have the charges reduced or dismissed.
Contact an Experienced License Defense Lawyer at Remington & Dixon, PLLC
Professionals who receive a complaint from their licensing board may wonder, “What is a boundary violation? And how can I defend myself against these charges?” The boundary violation may occur if a professional does something that makes a patient uncomfortable or violates a code of conduct or state law.
Remington & Dixon, PLLC, is deeply committed to helping professionals defend themselves against complaints threatening to take their license from them. Get in touch with us today by calling 704-247-7110 to set up a no-obligation consultation.
