In Colorado, as a nurse practitioner (NP), you provide an essential service in the health sector by alleviating some of the excess demand on physicians by administering primary care and healthcare maintenance for patience. The path to securing this position required a significant investment of time and financial resources into your education, followed by years of hands-on experience to reach your current professional standing. That's why it can be so troubling when you find out that a complaint has been lodged against you, initiating an inquiry by the Colorado Board of Nursing for purported misconduct.
How ironic that after all you've invested into your career, all it might take to upend it is a single complaint. Your Advanced Practice Nurse (APN) license is crucial for your employment, whether you serve in a Denver medical clinic, a health facility in Colorado Springs, a Loveland hospital, or a nursing home in Durango. Regardless of whether the complaint is due to a misunderstanding, a genuine error, or a malicious false claim, the unfortunate truth is that any accusation puts your career in potential danger. A determination by the Board of Nursing that finds you in breach of state regulations could lead to severe disciplinary measures, potentially culminating in the revocation of your license.
For NPs in Colorado facing misconduct allegations, the stakes for your career are incredibly high, yet there are still ways to defend both your license and your livelihood. Engaging a qualified professional license defense attorney promptly can markedly improve your chances of resolving the issue favorably and preserving your license. The Professional License Defense Team at the Lento Law Firm has extensive experience in representing nurse practitioners across the country. We are well-acquainted with Colorado's disciplinary procedures, and we will work to defend your rights and achieve the most favorable outcome possible. For a consultation, contact the Lento Law Firm at 888-535-3686, or complete our online form.
Regulation of Nurse Practitioners in Colorado
In the state of Colorado, the regulation, licensing, and disciplining of nurse practitioners fall under the jurisdiction of the Colorado Board of Nursing, which in turn is under the umbrella of the Division of Professions and Occupations (DPO). Classified in Colorado as Advanced Practice Nurses (APNs), nurse practitioners are required to obtain specific licensure from the Board in addition to maintaining a Registered Nurse (RN) license. The Nurses and Nurse Aides Practice Act delineates the Board's authority to set practice standards and enforce disciplinary measures for breaches of these standards. It also explicitly lays out the ethical and professional expectations for nurses, along with the standard of care requirements. Should you, as a nurse practitioner in Colorado, be accused of misconduct that contravenes these rules, the Board has the authority to conduct investigations, levy sanctions, and potentially revoke your licensure.
Possible Disciplinary Measures by the Colorado Board of Nursing
Tasked with safeguarding public health, the Colorado Board of Nursing prioritizes this mission in its regulation of nurse practitioners. The Board holds broad discretion to decide guilt or innocence employing the preponderance of the evidence standard rather than requiring proof of guilt beyond a reasonable doubt. Depending on the gravity and specifics of the violation, if you are found to be guilty of misconduct, the Board may implement any of the following disciplinary actions:
- Reprimand: An official caution from the Board, which is noted on your professional record without affecting your licensure.
- Fines: Monetary penalties may be enforced.
- Practice Restrictions: Limitations on your work conditions or prohibitions on performing certain procedures could be imposed.
- Probation: A period of intensified oversight and supervision may be instituted.
- Alternative-to-Discipline Programs: For offenses related to substance abuse/addiction or mental health conditions, Colorado offers confidential rehabilitation options for nurses, known as alternative-to-discipline or peer health assistance programs. Successfully completing such a program can prevent disciplinary entries on your record.
- License Suspension: A temporary or indefinite suspension from practicing nursing in the state might be enacted.
- License Revocation: This represents a complete forfeiture of your rights to work as either a nurse or NP within Colorado.
It should also be mentioned that any disciplinary action taken against your license becomes a matter of public record, so anyone who looks up your license can view it. Additionally, because disciplinary actions are also reported to Nursys—the national database for nurses accessible to regulatory boards across the U.S.—any sanctions against you could detrimentally affect your capacity to practice not only in Colorado but in other states as well.
What Offenses Could Result in Loss of License?
Given the broad authority given to the Board of Nursing, most allegations of wrongdoing could put your APN license at risk. Most of these are tied to violations of the Nurses and Nurse Aides Practice Act, failure to adhere to the established standards of practice for nurse practitioners, or other actions that undermine public trust. While not exhaustive, the following are common examples of accusations that could jeopardize your ability to practice:
- Sexual Misconduct: Any form of sexual engagement with a patient, regardless of consent, or initiating a romantic relationship with a patient is considered highly unethical and can lead to severe disciplinary measures such as license suspension or revocation.
- Fraud: Involvement in fraudulent activities, including falsifying patient records, misrepresenting qualifications, or knowingly overbilling insurance providers, could result in the loss of your license.
- Drug Mismanagement or Misuse: Failure to adhere to proper medication management protocols, such as diverting patient medications for personal use, substance abuse, inadequate inventory control, or engaging in unauthorized prescription practices, can trigger disciplinary proceedings.
- Patient Abuse or Neglect: Allegations of physical, verbal, sexual, or psychological harm to patients, or any conduct that jeopardizes a patient's safety, represent serious offenses that could endanger your license and/or certification.
- Criminal Convictions: Being convicted of certain crimes, especially felonies and other crimes of moral turpitude, may render you ineligible to practice in Colorado. Additionally, failing to report a criminal conviction to the Board, even if the crime itself may not have necessarily led to disciplinary action, can also lead to penalties.
Understanding the Disciplinary Procedure for Nurse Practitioners in Colorado
The disciplinary process for Advanced Practice Nurses in Colorado is formally managed by the Division of Professions and Occupations (DPO) following a prescribed set of protocols. If you are a Colorado NP accused of wrongdoing, you should be prepared for your case to move through the following series of steps.
Complaint
The disciplinary action typically begins with a formal complaint submitted to the DPO. These complaints can be raised by any member of the public, but in the case of NPs, they commonly originate from patients, their relatives, fellow healthcare workers, or colleagues.
Investigation
Upon verifying that the complaint falls within its purview, the DPO will initiate an investigation. Minor matters may be directly resolved by the Board, while more serious charges are escalated to the DPO's Office of Investigations. This stage involves collecting evidence through interviews, document subpoenas, and other investigative efforts to ascertain if the complaint holds merit.
Board Review and Resolution
Following the investigation, the Board of Nursing reviews the collected evidence to determine if there is probable cause to file formal allegations of misconduct. Depending on their findings, the case might move towards an expedited settlement negotiation or a formal hearing overseen by the Office of the Attorney General.
- Expedited Settlement: If misconduct appears evident, the Board may attempt to negotiate a stipulated settlement with you as an alternative to taking the matter into a hearing. This settlement constitutes your acknowledgment of wrongdoing and agreement to submit to the corrective measures and/or sanctions prescribed by the Board. This is not an optimal solution for everyone, but if disciplinary action is inevitable, the expedited settlement provides room to negotiate for leniency with the Board. (The Lento Law Firm Team has a wealth of experience in securing favorable terms in these types of settlements.)
- Formal Hearing: In situations where an expedited settlement is not viable, or consensus is unreachable, the DPO will file a formal complaint with the Attorney General, followed by a formal hearing. This gives you the opportunity to present evidence in your favor and argue your case. Representation by a seasoned license defense attorney is highly advised to ensure the best possible outcome.
Final Disciplinary Action
The process concludes with either a settlement agreement or a final decision post-hearing. The Board will then make a final decision regarding disciplinary actions to be taken against your license--up to and including revoking your license entirely.
At various stages of this process, an experienced license defense attorney can make a significant difference in the outcome. The Professional License Defense Team at the Lento Law Firm specializes in navigating these proceedings, employing negotiation tactics at multiple points that often circumvent the need for formal hearings, aiming for resolutions that uphold your professional interests.
Our Service Area Across Colorado
The State of Colorado is in constant demand for quality healthcare providers, making opportunities plentiful for nurse practitioners. The Professional License Defense Team at the Lento Law Firm can help NPs throughout Colorado who are facing challenges to their licenses and professional standing. Understandably, most of our clients work and live in the urban and metropolitan regions across the state, where the demand for healthcare services is most concentrated--but we serve all municipalities across Colorado.
We represent clients in the following areas of Colorado, among others:
Denver Metropolitan Area
Denver, the capital city of Colorado, is situated at the base of the Rocky Mountains, providing a stunning backdrop that blends natural beauty with urban sophistication. Known as the "Mile High City" due to its elevation of exactly one mile above sea level, Denver is a vibrant hub of culture, commerce, and outdoor activities. Denver also anchors the largest metropolitan area in the state, whose combined population of more than 3 million comprises more than half the state's entire population. This area extends across several counties and includes cities like Aurora, Lakewood, and Centennial (and Boulder, CO, at the northern edge of the extended statistical area). Denver is also home to an expansive healthcare sector, with major providers that include Denver Health, University of Colorado Anschutz, HealthONE, Centura, and others.
Colorado Springs
Colorado Springs is the second-largest city in Colorado and serves as a thriving hub for military operations, tourism, and healthcare. The city sits at the base of Pikes Peak and boasts a diverse economy rooted in aerospace, defense, technology, sports industries, tourism-as well as robust health care services. Major healthcare employers here include Centura Health and UCHealth.
Ft. Collins/Loveland
Situated near the base of the Northern Front Range of the Rockies, the Fort Collins-Loveland area is a rapidly expanding metropolitan region with an estimated combined population of more than 360,000 people. The area serves as a cultural and economic hub for Northern Colorado and boasts several major healthcare providers, such as Banner Health and UCHealth.
Grand Junction
Grand Junction is located in Western Colorado, sitting along the Colorado River and at the confluence of the Gunnison River. It is known for its spectacular natural beauty, offering opportunities for outdoor recreation such as hiking, biking, skiing, and fishing. The city also houses a strong healthcare sector with facilities like Community Hospital St. Mary's Hospital and Medical Center.
Support from the Lento Law Firm Team for Nurse Practitioners in Colorado
Facing allegations of misconduct as a nurse practitioner in Colorado can significantly impact your career and livelihood. With decisions made on the preponderance of evidence rather than absolute proof, the scales can seem tipped against you from the outset. The Professional License Defense Team at the Lento Law Firm can greatly improve your chances of emerging from this crisis with your license intact. Our strategy involves a detailed evaluation of the case details, a rigorous examination of the complaint', assistance in gathering essential evidence and securing witnesses, negotiating directly with the Board, and, when necessary, defending you vigorously at a formal hearing.
Don't let an unfair allegation of misconduct derail all you've worked for. For a consultation, reach out to the Lento Law Firm at 888-535-3686 or fill out our confidential online form.
