If you are a Licensed Practical Nurse (LPN) or a Licensed Vocational Nurse (LVN) in Arkansas, your certification is a precious asset. With your job, you are making an honest living sustaining yourself and your family, which renders your license essential to your progress and livelihood. However, if you are under investigation by the Arkansas State Board of Nursing (ASBN), you may lose everything you worked hard to achieve. In worst-case scenarios, you may be permanently banned from practicing nursing and face criminal charges, fines, and imprisonment.
Once an investigation concludes and charges are issued, getting your license revoked or suspended is just the beginning of your obstacles. You may need to start a new career or relocate, costing you time, money, effort, and heartache. With everything you built on the line, it's essential to have the support of the Lento Law Firm Professional License Defense Team.
Contact the team today at 888-535-3686 or send a message for more information on what comes next.
Authority of the Arkansas State Board of Nursing
The Arkansas State Board of Nursing has the sole authority to “suspend, revoke, deny, or limit any license or privilege to practice nursing” if there is proof that a licensee is guilty of committing actions deemed grounds for discipline. This means that the ASBN may impose disciplinary action and civil penalties against you when someone makes a complaint.
Unlike other positions, your information is available for all to see if the ASBN takes disciplinary action against your license. The Arkansas Department of Health oversees the Arkansas Board of Nursing. It publishes the names, license numbers, NCSBN numbers, and violations of nurses through the Arkansas Department of Health website. A simple search of your name or license number can lead to missed professional opportunities or other issues when potential employers look you up online.
ASBN Structure
The ASBN is comprised of thirteen Arkansas residents approved by the Governor and confirmed by the Senate for four-year terms.
- Five of these members are Registered Nurses.
- Two are Advanced Practice Registered Nurses (APRNs), with one having a Certificate of Prescriptive Authority.
- Three Licensed Practical Nurses (LPNs) or Licensed Psychiatric Technician Nurses (LPTNs)
- One at-large Licensed Registered Nurse (LRN) or Licensed Practical Nurse (LPN)
- One layperson with no nursing credentials who represents healthcare consumers
- One member who is over sixty years of age who represents the senior citizen population
No member may serve in the ASBN for more than two consecutive terms.
Grounds for Discipline
The grounds listed by the ASBN are broad enough to have multiple interpretations. The Nurse Practice Act of the State of Arkansas lists the following actions as grounds for discipline if there is proof that you:
- Were found guilty of fraud or deceit if they procured or tried to procure a nursing license
- Practice nursing without the proper license
- Committed a crime or are guilty of gross immorality. Gross immorality refers to any action inconsistent with the rules and principles governing nursing morality.
- You are unfit to practice nursing due to your habits, negligence, or other causes.
- Continue to commit violations, whether on purpose or repeatedly
- You are habitually intemperate, or you are addicted to a habit-forming drug. Habitual intemperance includes the use of hallucinogens, stimulants, depressants, and intoxicants.
- You are mentally incompetent to perform your duties safely.
- Are found guilty of engaging in unprofessional conduct. There is a list of what may constitute unprofessional conduct on the official Grounds for Discipline page.
- Have had your license, privilege to practice, certificate, or registration revoked or suspended, or if you were placed on probation
- If you are under a disciplinary order, regardless of the jurisdiction
- You have voluntarily surrendered your license
Misdemeanors
The same code also issues a misdemeanor penalty if you:
- Sell or fraudulently obtain or give out a nursing diploma or certificate without going through the application for licensure by examination or endorsement
- Practice nursing fraudulently or using any nursing title without authorization
- Forge or alter any documents or credentials when applying for an original license or a renewal
- Disclosing the contents of a license examination
- Helping, abetting, assisting, or hiring someone to violate the law
- Prescribe any drugs without being certified as a prescribing authority by the Board
- Paying for a license or certification in any way that results in non-payment to the ASBN
- Practicing nursing without the proper Arkansas license or certification
Depending on the violation, you may be fined or imprisoned for committing one or more of these actions. Getting your LPN or LVN license revoked creates significant short and long-term complications that alter your professional course and damage your reputation.
Disciplinary Process
According to the Arkansas Department of Health, the Board may regulate the practice of licensed nurses through the disciplinary process. This includes those who hold LPN – LVN licenses. The disciplinary process is structured from the time a complaint is submitted to the formal hearing.
Any person who believes that an LPN -VPN has committed a violation must send a detailed, written description of the alleged behavior violating the Nursing Practice Act if proven accurate.
The most common types of violations listed by the DOH include drug addiction or abuse, unprofessional conduct, negligence, abuse, exploitation, criminal convictions, and fraudulent applicants.
Filing The Complaint
Any person may file a complaint if they have information that a licensed nurse violated the terms of the Nursing Practice Act. Complaints may be sent online through the ASBN Arkansas Complaint Portal. The person making the complaint may remain anonymous.
Receipt of Complaint and Assigning an Investigator
Once the Board receives the complaint, the designated members review the contents to ensure that it contains critical information needed to conduct an investigation, such as the nurse's name and a description of the alleged violation. If there is enough information and evidence, the Board launches a formal investigation, assigning the case to a designated investigator. The investigator may be one of the following:
- A licensed nurse who is a member of the ASBN
- A pharmacist or licensed nurse from the Pharmacy Services and Drug Control of the Health Department
- An agent from the Drug Enforcement Agency (DEA)
- A local law enforcement officer
- An investigator under contract with the ASBN
- The Attorney General Medicaid Fraud Division
Investigation Process
During this process, the investigator must gather and review any evidence or documentation relating to the case and interview witnesses. Per the Department of Health, some of the documents may be subpoenaed.
Moreover, the fact that an investigation is taking place is considered public information under the “Freedom of Information Act of 1967”. This means that any public member has the right to request access to records from any federal agency and must disclose information requested under the FOIA.
Investigation Outcomes
Once the investigation concludes, you may face five possible outcomes.
- Case Dismissal: A case dismissal happens when the investigator does not find sufficient evidence that you violated the NPA. After reaching this outcome, the ASBN closes the complaint case.
- Letter of Warning: This outcome means that although there was not enough evidence to bring charges, the licensee must be alerted that they engaged in an action with the potential for a violation.
- Letter of Reprimand: A letter of reprimand stays on the nurse's license permanently. Once the ASBN issues this, they may also require the nurse to attend specific educational courses about the violation committed.
Depending on whether you, the licensee, agree or disagree with the charges, the following two options are possible:
- Consent Agreement: With a consent agreement, you consent to a contract between yourself and the ASBN, admitting that you engaged in a violation and the disciplinary terms that ensue. With a consent agreement, you can practice under specific terms and conditions issued by the Board. A consent agreement stays on your license permanently. You may be subject to fines, attend classes, submit reports, and participate in a drug screening.
- Formal Hearing: If you cannot reach a resolution with the ASBN or if you request one, you are entitled to a formal hearing. Once that happens, you will receive a Notice sent through certified mail to your last known address and the Arkansas Nurse Portal message center.
Hearing Process and Outcomes
During a formal hearing, you present your case before the ASBN. The ASBN will have a lawyer present to present the case and call witnesses. You or your attorney may also present witnesses and evidence to the panel.
The Board will question you when it deems it appropriate to do so. Once the hearing ends, the panel members decide on an outcome during deliberation, which all members vote. The vote is announced on the record. The possible outcomes of the hearing include:
- Not Guilty – panel members did not find that you violated the NPA, and your license has no repercussions.
- Reprimand – The panel members find that you have violated the NPA, but you are allowed to keep your license. You may need to pay a fine or take specific classes as determined by the panel.
- Probation – You may keep your license on probation despite being found in violation of the NPA. Although you are still permitted to practice, you can only do so under specific conditions outlined by the Board for a certain timeframe. You may also be asked to undergo drug screening, submit reports, pay fines, or take classes.
- License Suspension – The Board may suspend your license. A suspension on a license can be lifted, but only if you meet conditions within a specific timeframe. You may also need to undergo drug screening, report submission, fines, and classes.
- License Revocation – With a revoked license, you are permanently banned from practicing nursing in Arkansas. Your license may not be reinstated, and it means the end of your career as a nurse in the state.
Hearing Outcomes and Privacy
Unfortunately, the results of your hearing are not private. The DOH mentions that reports of disciplinary actions against licensees are sent to numerous databanks. These include:
- The ASBN Databank
- ASBN publications
- ASBN Website
- Nursys®, which is the state board of nursing that is also linked to a national database
- The Healthcare Integrity and Protection Data Bank (HIPDB). This is a federally mandated reporting database.
- The Office of the Inspector General
Although you may assume you can practice in another state, this option is not always possible. According to the DOH, any action the ASBN takes may affect your ability to practice in a state besides Arkansas.
Appealing the Hearing Decision
You may appeal the Board's decision to either the Circuit Court of the county that you live in or the Circuit Court of Pulaski County, Arkansas. You must submit the appeal within 30 days of the Board's decision. However, there is no specific instruction on the site on how to do so, which may lead to a confusing challenge when trying to understand the appellate process.
With so much that can go wrong and your license on the line, never approach the appeal process alone. Call the Lento Law Firm Professional License Defense Team to increase the chances of a favorable outcome and reduce the hassle and confusion.
Contacting the Lento Law Firm
No matter how you try to spin it, getting a revoked or suspended license as an LPN–LVN has disastrous effects on your future. Besides the loss of income and the legal issues, you may have to change your career and life due to a conviction.
Never assume that you can approach the matter on your own. With so much that you stand to lose, you need the help and knowledge of the Lento Law Firm Professional License Defense Team. With the team by your side, you can decrease the likelihood of facing a permanent ban from practicing nursing and get back on track to have the future you deserve and worked so hard for.
Don't wait until you can no longer affect the outcome. Call the Lento Law Firm Professional License Defense Team today at 888-535-3686 or send a message through this link to understand what to do next.
