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A bon investigator in the enforcement division collected evidence that supports the bon's formal charges against a nurse regarding violations of the npa and board rules. attempts to notify the nurse via standard and certified mail at the nurse's last address of record have been returned to the bon office as being "undeliverable or not at this address." since the investigator has been unable to communicate with the nurse about the bon's formal charges, board rule 213.16(i) on practice and procedure requires that

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Diatonic254
Board Rule 213.16(I) states that in case formal charges to the nurse, through her certified mail, are not responded to, then by default, her nursing licence will be revoked. This rule is invoked when the nurse is considered to be in gross violation of nursing codes and statutes.
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Board Rule 213.16(i) on Practice and Procedure requires that the case should proceed and the board’s charged be deemed to be true.

Board rule 213.16 (i) stated that if a respondent fails to file a written answer to all the allegations of the charges, then it means the respondents have admitted to the charges and the recommendation proposed by the board will be granted as default.

Further Explanation

Board rule 213.16 covers the laws that are applied to the respondent in a disciplinary matter. The section categorically stated the rules regarding the respondent’s answer in any disciplinary matter.

The section stated that it is incumbent on the respondent to file an answer to the charges brought him or her (Nurse). The answer that must be filed has to either agreed or denied all the allegations in the charges.

However, if the respondent fails to reply appropriately to the charges, the matter will be regarded as a default case.

If the matter is considered as a default case, then it presumed that the respondents have admitted the followings:

  • The respondents have admitted all the facts of the allegations to the formal charges
  • The respondents have waived the privilege to comply with the requirement of the law
  • The respondents have waived the opportunity for a fair hearing on the charges

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KEYWORDS:

  • nurse
  • violations
  • board rules
  • respondents
  • charges

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