It took years of education and training to become a licensed practical nurse in Arizona. It required hard work and dedication. So when you are confronted with an allegation of professional misconduct or a license investigation, it can be a daunting and stressful experience. Understanding the process and knowing your rights are crucial steps in navigating this challenging time.
The Professional License Defense Team at the Lento Law Firm has extensive experience representing licensed practical nurses in Arizona and throughout the United States. At the Lento Law Firm, our skilled team provides all the support and resources required to successfully defend the professional licenses of practical nurses and protect their careers. If you are facing an accusation of misconduct, reach out to our office online and tell us about your case or call the Lento Law Firm today at 888-535-3686.
Arizona State Board Of Nursing
There are currently more than 10,500 active, licensed practical nurses in Arizona.The Arizona State Board of Nursing is the primary regulatory authority overseeing the practice of nursing in the state. The Board is responsible for ensuring that all nurses adhere to professional standards and providing protection to the public by regulating nursing practice. This legal authority extends to investigating complaints of misconduct and taking disciplinary action when necessary.
Common Reasons For Investigations Into Licenses Of Arizona Practical Nurse
Licensed practical nurses face investigations for a variety of reasons, often related to professional conduct and the quality of patient care. Some of the most frequent allegations that may lead to an investigation include:
- Physical abuse: any form of physical harm inflicted on a patient, such as hitting, slapping, or improper use of restraints
- Emotional abuse: verbal assaults, threats, or any behavior that causes emotional distress to a patient
- Neglect: failing to provide necessary care, leading to harm or risk of harm to a patient
- Substance abuse: working under the influence of drugs or alcohol or illegally obtaining or using prescription medications meant for patients
- Documentation errors: failure to document important patient information or care provided
- Falsifying or altering patient records
- Unprofessional conduct: engaging in inappropriate relationships with patients
- Breach of Confidentiality: Unauthorized disclosure of patient information in violation of HIPAA and state privacy laws
- Insubordination: refusing to follow lawful orders from supervisors or established protocols
- Medication errors: administering incorrect medication or dosages
- Inadequate assessment: failing to perform thorough patient assessments or to act on critical findings
- Engaging in insurance fraud or billing fraud
- Being convicted of a crime, particularly those related to violence, theft, or substance abuse
Rights of Arizona Licensed Practical Nurses Under Investigation
As a licensed practical nurse in Arizona facing an investigation, understanding your rights is crucial to ensuring a fair process:
- Legal Representation: You have the right to seek assistance from an attorney to guide you through the investigation and hearing process
- Information on Allegations: You are entitled to be informed of the specific allegations against you and to access the evidence collected by the Arizona State Board of Nursing
- Opportunity to Respond: You have the right to respond to the allegations, both in writing and verbally, to present your side of the story along with any supporting evidence or witness testimonies
- Fair and Impartial Hearing: You have the right to a fair and impartial hearing where you have the opportunity to contest the allegations brought against you
- Confidentiality: You have the right to confidentiality throughout the process, and the details of the investigation remain private and do not unnecessarily impact your professional reputation
By understanding and exercising these rights, you can better navigate the challenges of an investigation and work with your attorney toward a favorable resolution.
Adjudication Process For Licensed Practical Nurses In Arizona
The Arizona State Board of Nursing oversees the investigative and disciplinary process for licensed practical nurses in the state. The steps involved in the adjudication process for licensed practical nurses in Arizona include the following:
Step One: Initial Complaint
- Complaints can be filed by patients, coworkers, employers, or even filed anonymously
- Complaints must be in writing and can be submitted online, via mail, or in person
- The complaint must include details about the alleged misconduct, including dates, times, and specific incidents
- The complaint must include supporting evidence, such as witness statements, medical records, or other relevant documents
Step Two: Preliminary Review
The Arizona State Board of Nursing conducts an initial review to assess the complaint and determine if it falls within the Board's jurisdiction and whether the allegations, if deemed to be true, would constitute a violation of the Nurse Practice Act.
Step Three: Complaint Notification
The licensed practical nurse who is the subject of the allegation must be notified of the complaint. The nurse may be asked to provide a written response to the allegations or provide additional information. The licensed practical nurse must be informed about the nature of the allegations and the investigation process.
Step Four: Formal Investigation
An investigator from the Arizona State Board of Nursing is assigned to the case. The investigator gathers evidence, interviews witnesses, and reviews relevant documents. The licensed practical nurse has the right to be represented by an attorney during the investigation. The nurse may be interviewed by the investigator and asked to provide additional information or documentation.
Investigations by the Arizona State Board of Nursing generally take an average of seven months to complete, depending on the complexity and seriousness of the alleged conduct. Investigative cases that have a high level of risk or harm may be completed in one month or less.
Step Five: Board Review and Hearing
The investigator assigned to the case compiles a report summarizing the findings and submits it to the Arizona State Board of Nursing. The Board reviews the report to determine if there is sufficient evidence to proceed with disciplinary action. The licensed practical nurse may be invited to attend a settlement conference to discuss possible resolutions without a formal hearing.
Step Six: Formal Hearing
If the case is not resolved through a settlement conference, a formal hearing is scheduled. The hearing is conducted before the Arizona State Board of Nursing panel. During the hearing, both the nurse and the Board present evidence and witness testimony.
After the hearing, the Board will deliberate and make a decision regarding the allegations. The nurse is then notified of the Board's decision and any disciplinary actions that will be imposed. If there is insufficient evidence to support the allegations, the complaint will be dismissed.The licensed practical nurse may agree to specific terms, such as additional training, probation, or other corrective actions, to resolve the case without further disciplinary action.
Arizona Licensed Practical Nurses Face Penalties For Professional Misconduct
The Arizona State Board of Nursing can impose a range of disciplinary actions if an investigation finds evidence of misconduct. Understanding these potential outcomes and knowing the next steps is crucial for any licensed practical nurse under investigation. If the Board finds the nurse guilty of misconduct, the Arizona Board of Nursing may impose any of the following penalties:
- Reprimand: A formal statement of disapproval known as a Decree of Censure. This public reprimand by the Arizona State Board of Nursing for a violation of the Nurse Practice Act is in the form of a written document. It becomes part of your permanent record, but it does not impose any conditions on the practical or professional license.
- Revocation of Professional License: the most severe penalty that can be imposed. Revocation of a practical nursing license means that the nurse loses the privilege to practice for a period of five years. Nurses may apply for reinstatement, but reinstatement is not guaranteed and requires demonstrating significant rehabilitation and compliance with all Board requirements
- Voluntary Surrender of License: the licensed practical nurse accepts a voluntary surrender of their license certificate
- License Suspension: the licensed practical nurse's license is temporarily suspended, and the nurse is prohibited from practicing nursing for a time. The duration of the suspension varies depending upon the severity of the misconduct and the nurse's compliance with any remedial requirements that are specified by the Board
- License Probation: the licensed practical nurse will have conditions imposed on their professional license for a specified period of time. These conditions may include mandatory supervision, additional training, or regular reporting to the Board. The terms of the probation must be strictly followed to avoid further penalties
- Stayed Disciplinary Action: this is an action that will only be in effect if the licensee violates any conditions of their probation. If any condition of the probation is violated, then the licensed practical nurse's license will be suspended immediately
- Monetary Fine: a monetary penalty of up to $1000 for each violation of the Nurse Practice Act
If the licensed practical nurse receives a decision that is unfavorable, they have the right to file an appeal and request a hearing with the Arizona Office of Administrative Hearings. An Administrative Law Judge will preside over the appeal, and the licensed practical nurse may be required to participate in the hearing.
Arizona Licensed Practical Nurses And The Interstate Nurse Licensure Compact
The Nurse Licensure Compact (NLC), which was established by the National Council of State Boards of Nursing in 1999, permits licensed practical nurses to practice in other compact states without the need to secure an additional nursing license in that state. This compact gives licensed practical nurses the ability to obtain a multistate license, which allows them to practice in person, electronically, or via telephone in their primary state of residence as well as in other states that are part of the Nurse Licensure Compact.
Arizona is a compact state. So, in Arizona, licensed practical nurses who are licensed by another compact state are not required to apply for licensure in the state of Arizona unless they intend to make Arizona their primary state of residency, in which case they must apply for licensure.
Arizona State Board Of Nursing Will Revoke A Nursing License For A Felony Conviction
The Arizona State Board of Nursing will revoke a licensed practical nurse's license or multistate privileges or deny licensure if the applicant has one or more felony convictions that have not previously been disclosed to the Board. The application will be processed, and then the Board will initiate proceedings to revoke the Arizona practical nursing license or multistate nursing privileges. If the individual applying for a practical nursing license has not received an absolute discharge from all felony sentences at least three years before applying to the Arizona State Board of Nursing for licensure, their license application will be denied.
Arizona Licensed Practical Nurses Who Are Facing Disciplinary Action Risk Losing Their Professional Nursing Licenses
After spending so much time, effort, and money working to complete the training and receive the accreditation necessary to earn your professional nursing license, hearing the news that there is an investigation into your conduct that puts your practical nursing license at risk can be devastating. Complaints can be filed by patients, colleagues, employers, or anonymously, and even if there is not sufficient evidence to support the claim, your license, and your professional future is at stake.
So, take action. Become informed of the investigative process. Learn your rights. And secure the support of a professional license defense attorney with experience defending licensed practical nurses. The Lento Law Firm Professional License Defense Team has years of experience defending the professional licenses of practical nurses in Arizona and across the country. Our skilled team will guide you through the investigation, review the evidence, interview witnesses, and be by your side every step of the way through the hearing with the Arizona State Board of Nursing and, if necessary, the appeals process.
With an unrelenting dedication to protecting the rights of licensed practical nurses, in-depth knowledge of professional license defense, and a thorough investigation and defense of the allegations brought against you, the Lento Law Firm works tirelessly to protect the professional licenses of those in the medical field. Let us help you. Complete this online form to tell us about your case, or call us today at 888-535-3686.
