As every nurse knows, if you don't have an active nursing license, you can't work as a nurse. When a complaint is filed with your licensing body against you, you need to take it seriously, and it makes sense to be concerned about what might happen with your license. One common concern that many nurses have is whether they can lose their license with no hearing – in other words, without having the chance to defend themselves against the allegations made in the complaint.
The Lento Law Firm's Professional License Defense Team is here to help you with these kinds of questions. Our experienced attorneys understand the laws, rules, regulations, and procedures that apply when nurses face a disciplinary complaint. We're here to help you make sure you are aware of what's going on with your case from start to finish. We'll also protect your rights and defend you throughout the entire process. Call the Lento Law Firm's Professional License Defense Team today at 888.535.3686 or use our contact form to schedule a confidential consultation to learn more about how we can help you protect your license and your livelihood.
Can My Licensing Board Revoke My License Without a Hearing?
Generally speaking, the answer to this question is no. While the laws and regulations governing how licensed nurses are disciplined vary from state to state, all states will provide for some form of a hearing before a nurse's license is revoked.
Revocation is the most serious consequence that can happen in a nursing disciplinary matter. Nursing boards and other licensing bodies have procedures in place that they follow before they will revoke a nurse's license. These procedures ensure that the nurse has advance notice of the misconduct allegations made against them and that the nurse has a chance to respond to those allegations. They also ensure that – except in cases where the nurse and the licensing body reach a settlement – the nurse will have a chance to defend against the charges at some form of a hearing.
When a nursing license is revoked, it, of course, means that the nurse has no license. While the state may allow the nurse to reapply for a license after some period of time, unless the state issues a new license to the nurse, the nurse is prohibited from practicing in any position that requires a nursing license.
There are other forms of discipline that a nursing board can impose on a nurse, but clearly, revocation is the most serious and the most likely to be permanent. Other forms of discipline, such as warnings, probation, or even a license suspension, are not permanent and typically allow the nurse to continue to practice (or, in the case of a suspension, to practice when the suspension has been lifted).
What About a Suspension? Can my Nursing License Be Suspended Without a Hearing?
The answer to this is a bit more complicated. States will generally have laws or regulations in place that allow the Board of Nursing (or appropriate licensing agency) to immediately suspend a nurse's license without a hearing in extraordinary cases. In California, for example, an administrative law judge has the power to issue an “Interim Suspension Order” against a nurse in serious cases. This can happen even before formal accusations are filed against the nurse. In Texas, the Board of Nursing may temporarily suspend a nurse's license where a board panel determines that “continued practice of the nurse would constitute a continuing and imminent threat to the public welfare.” The Illinois Department of Financial and Professional Regulation can issue a summary or temporary suspension of a nursing license where the nurse's “continuation in practice poses an imminent danger to the public.”
But it's important to understand that while these and other summary or emergency suspensions can initially happen without a hearing, there will still be a hearing at some point. In every case, the nurse whose license is suspended will have a chance, typically at a hearing or in some procedure that is very much like a hearing, to argue that the suspension should be lifted until the allegations against the nurse are fully resolved through that state's nursing disciplinary process.
How the nurse can bring these arguments to the licensing board will vary from state to state. The best way to argue against a summary or emergency suspension and to try to get it lifted as quickly as possible is to work with an experienced professional license defense attorney. At the Lento Law Firm, our Professional License Defense Team understands the procedures that must be followed to get your case heard. We also know what arguments will (and won't) work when it comes to convincing the licensing board to lift a summary or emergency suspension. We'll also know how to get your hearing as quickly as possible. That's why it's important to contact us as soon as you can – especially if you learn that your nursing license has been suspended before you've had a chance to defend yourself against the allegations made against you.
Will My License Be Automatically Suspended if I Enter an Alternative to Discipline Program?
Most states have programs in place, commonly called “alternative to discipline” programs, that are designed to help nurses who have shown that they have faced challenges with substance abuse. These programs typically require the nurse to participate in a number of treatment and counseling programs and to work closely with a monitor who will track their progress through the program.
One common consequence of at least the early stages of most alternative discipline programs is that the nurse agrees not to work in a position that requires a nursing license. In some states, their license may be designated as “inactive” until their program supervisor determines that the nurse is able to return to work. In other states, the license may be “suspended” until that same determination is made. No matter what the label is, the effect is the same – the nurse can't work until their license is reactivated.
In addition, in most states, if the nurse fails to follow the program's requirements, they can face immediate suspension and discipline. That is something to consider carefully because one mistake can lead to even deeper problems than what you were facing before you entered the alternative to discipline program.
Entering an alternative to discipline program is a serious decision, one that can immediately affect your ability to earn a living as a nurse for a substantial period of time while you are in the program. The program requirements are typically strict, and the consequences for failing to complete the program can be severe. If you're considering accepting an offer from your state's licensing body to enter an alternative to discipline program, contact the Lento Law Firm's Professional License Defense Team. One of our experienced attorneys can review your case and the requirements of the program you're considering and can advise you on whether that may be the best way for you to respond to the disciplinary allegations that you're facing.
What Should I Do if I Learn That My Nursing License Has Been Suspended?
The best step you can take if you receive a notice that your nursing license has been suspended is to contact the Lento Law Firm's Professional License Defense Team for help. Our experienced attorneys can start helping you immediately. Some of the steps we can take include:
- Reviewing the notice you received that your license has been suspended
- Contacting the Board of Nursing or the licensing body that issued the suspension to learn more about the reasons for the suspension
- Contacting others who may have information about the allegations made against you to determine if there is any information or evidence that can be used to help your defense
- Requesting a hearing to ask the licensing body to lift the suspension while the disciplinary matter against you is proceeding
- Preparing you for the hearing and arguing on your behalf for the suspension to be lifted
- Negotiating with the licensing body where doing so may lead to a helpful result
- Continuing to defend you throughout the misconduct investigation and any further proceedings in your case
Working with an experienced professional license defense attorney from the Lento Law Firm means you will benefit from their years of helping other nurses and licensed professionals defend their licenses against misconduct allegations. Your chances of reaching a favorable outcome will be much higher than if you were to try to defend yourself or if you were to retain an attorney who had little or no experience with nursing discipline cases.
What Steps Can I Take to Make Sure That My License Isn't Suspended Without Notice?
Leaving aside the obvious answer – which is to not engage in misconduct that could lead a licensing body to believe you are a danger to the community when practicing as a nurse – one thing you can do is to make sure all of your contact information on file with your board of nursing is up to date.
This is generally an ongoing requirement for nurses in every state, but anyone who has ever moved from one home to another knows that there seem to be a million different details you need to follow when you move. Updating your contact information with your licensing body may seem to be pretty far down the list. Don't let it be. Make sure your contact information on file with your board of nursing is correct and current. That way, you will receive notifications from the board as soon as possible.
Many of these notices won't relate to misconduct allegations made against you, of course, but you may receive reminders about continuing education requirements, licensing renewals, and other matters that can help keep you out of trouble.
If you hold licenses in more than one state, make sure you pay attention to each state's notice requirements. Don't simply focus on your home state's requirements. Take the time to understand what each state requires of you so you aren't surprised by a notification out of the blue that you've violated some requirement you'd forgotten all about.
The Lento Law Firm's Professional License Defense Team Can Help
Whether you've just been notified that your nursing license has been suspended or if you received a notice that someone has filed a misconduct complaint against you, the Lento Law Firm's Professional License Defense Team can help. Our experienced attorneys have defended nurses all over the country who have been accused of misconduct, and we know how to fight to protect your rights during the entire disciplinary process.
We'll keep you informed of everything that's happening with your case and will prepare you for any interview or hearing that you may have to participate in as part of the process. We can be the main point of contact between you and your Board of Nursing or other licensing agency and can negotiate on your behalf to resolve the allegations against you in as favorable a way as possible. If your case goes to a hearing – whether it's an initial hearing to lift a temporary suspension or a formal hearing to decide whether you're responsible for the allegations made against you – we will vigorously defend you and fight to protect your rights.
It can be extremely stressful to learn you've been accused of misconduct. It's even more stressful to learn that your license has been suddenly suspended because of allegations you haven't even been able to address yet. Don't try to face this kind of difficult situation by yourself. You want someone by your side who has been through this before and knows how to protect your rights and defend you and your future. Call the Lento Law Firm's Professional License Defense Team today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced attorneys. Your nursing license is your livelihood; let us help you protect it.
