You need a license as a nurse in North Carolina. As long as your license remains in good standing, you can work as a Registered Nurse (RN) or Limited Practical Nurse (LPN). However, the state’s professional board—the North Carolina Board of Nursing—could take adverse action against a nurse in several circumstances. This raises an important question: What is an unencumbered license? Simply stated, it is a professional license that is active and free of any restrictions. Here, our Charlotte professional license defense attorney explains a more comprehensive overview of key things to know about the meaning of an unencumbered license in North Carolina.
An Unencumbered License is an Active, Unrestricted License
As explained by the North Carolina Board of Nursing, an unencumbered license is a license that is not subject to any restrictions, conditions, or disciplinary action. A nurse with an unencumbered license can practice nursing without any restrictions on their scope of practice because:
- Their license is current and in good standing.
- There are no disciplinary sanctions or any ongoing investigations, and
- They are not on probation or are under the supervision of the board.
In contrast, an encumbered license is one with restrictions or conditions that have been placed on it by the licensing authority. In North Carolina, this means the licensee (nurse) still holds the license, but their ability to practice is either being monitored, is limited, or is outright suspended.
Summary: Unencumbered vs. Encumbered Nursing License in North Carolina
- Unencumbered: A clean and fully active nursing license.
- Encumbered: A license not in full good standing, meaning it has some form of restriction or disciplinary action attached
Key Restriction (Multi-State Nurses): If a North Carolina nurse holds a multi-state license, any encumbrance, no matter how minor, automatically disqualifies them from practicing in other compact states. They can only practice in North Carolina until the encumbrance is lifted.
Are All Encumbrances the Same?
No, not all encumbrances are the same for nursing licenses in North Carolina. Indeed, there can be a big difference. The type, severity, and impact of an encumbrance can vary depending on the nature of the violation or issue and the disciplinary action taken by the North Carolina Board of Nursing. Here is an overview of some of the most common types of encumbrances for nursing licenses:
- Probation: When on probation, a nurse may generally continue practicing but must meet certain conditions (e.g., regular drug testing, supervision, counseling).
- Monitoring Agreement: Most common in cases involving substance use, a nurse might enter a non-disciplinary monitoring agreement. As long as they follow the terms of the program, they will generally be allowed to keep practicing.
- Restricted: With a restricted license, a nurse can practice but with limitations on specific duties—such as no ability to act in a supervisory role or limited access to certain types of controlled substances.
- Suspension: With a suspension, the license is temporarily inactive. As a consequence, the nurse cannot practice during this period.
How Do You Stop an Encumbrance from Being Placed On a Nursing License?
It depends. Your options for preventing an encumbrance from being placed on your North Carolina nursing license depend on many case-driven factors. Of course, it is best to avoid any violations of professional rules. You should be sure that you understand the North Carolina Nursing Practice Act and the regulations set by the state Board of Nursing.
Beyond that, a proactive approach is a must when any issues arise. If you are notified of a complaint or investigation, respond promptly, honestly, and professionally. Do not ignore communication from the North Carolina Board of Nursing. Failure to respond can lead to an encumbrance being placed without you having a chance to make your case at all.
Tip: If you are facing a complaint, disciplinary hearing or are under investigation, get legal representation as soon as possible. Our North Carolina attorneys can help you raise a defense, including presenting any mitigating factors.
Remington & Dixon, PLLC, is experienced in Professional License Defense in North Carolina.
Professional licensure is a complicated matter in North Carolina. As a nurse, your license matters. It directly affects your ability to practice. If you are facing any type of restriction, you must take a proactive approach. Having an encumbrance on your license is problematic—it is best to prevent it to the maximum extent possible. You have the right to defend yourself and your career. At Remington & Dixon, PLLC, our nursing license defense lawyers provide solutions-driven advocacy to clients. We will review your case and develop a plan of action.
Contact Our Charlotte Professional License Defense Lawyer Today
At Remington & Dixon, PLLC, our Charlotte professional license defense attorney has the knowledge and experience that you can rely on. If you have any questions about unencumbered licenses, we are here as your legal resource. Call us now or contact us online for a fully confidential, no-obligation initial consultation. With an office in Charlotte, we defend professional licenses in Mecklenburg County and throughout the state of North Carolina.
