The District of Columbia Board of Nursing (referred to as the Board going forward) is the body responsible for licensing nurses in DC. The primary law granting the Board its powers is the DC Nurse Practice ACT (NPA).
Understanding the law is essential if you're a nurse in DC. It's also vital to coordinate with a legal team that understands the DC NPA if you ever face potential disciplinary action because of an alleged violation of the law.
That's precisely what you'll find at the Lento Law Firm Professional License Defense Team. Providing DC nurse license defense services, we're prepared to fight for your career if an alleged DC NPA violation threatens to stall or derail it. Learn more about how we can help by submitting your information through our online contact form or by calling our offices today at 888-535-3686.
Reasons the Board Can Take Disciplinary Action Under the District of Columbia Nurse Practice Act
One of the main functions of the DC NPA is to establish the reasons the Board may take disciplinary action against a nurse's license. Per the law, the Board may proceed with disciplinary action against a nurse who:
- Engages in fraud or deceit when obtaining or attempting to obtain a nursing license, whether said license is for oneself or another
- Engages in fraud or deceit when using a nursing license
- Has been disciplined by any authority or convicted by any court for a violation that would be grounds for discipline under the District of Columbia NPA
- Has been convicted of a crime of “moral turpitude” in any jurisdiction if the nature of the alleged crime or violation indicates a nurse is unfit to safely treat the public
- Is professionally incompetent, mentally incompetent, or physically incapable of serving as a nurse
- Is addicted to or otherwise habitually uses a narcotic or controlled substance
- Provides or attempts to provide nursing services while under the influence of alcohol, a narcotic, a controlled substance, any drug in amounts greater than are necessary for therapeutic purposes, or any drug without a proper prescription or valid medical indication
- Willfully makes or files a false report
- Willfully fails to file or record any legally required medical report, interferes with someone else filing such a report, or attempts to convince someone else not to file such a report
- Fails to provide a licensed medical professional or hospital with the details of a patient's medical records upon receiving a legal request for such information
- Willfully makes a misrepresentation when providing treatment
- Willfully practices nursing with an unauthorized person or assists someone in the unauthorized practice of nursing
- Attempts to collect fees by submitting statements to bill for services that weren't provided to a patient or that weren't medically necessary
- Agrees to split fees or accept anything else of value in exchange for referring a patient to another medical professional
- Fails to pay an administrative fine that's been imposed by the Board, a court, or another such relevant authority
- Refuses to provide treatment in a manner that represents a violation of DC's human rights laws
- After agreeing to a voluntary surrender or limitation of one's license, one nevertheless continues to practice nursing outside the bounds of the agreed-upon limitations
- Prescribes, dispenses, or administers drugs without the proper authority
- Practices without a protocol when the DC NPA requires one
- Performs or attempts to perform nursing tasks or services outside of one's approved scope of practice
- Fails to maintain a sanitary office or provide nursing services in an unsanitary environment
- Sexually harasses a patient or client
- Violates any provision of the DC NPA, any of the Board's legal rules or regulations, or any lawful order of the Board
- Violates the terms of a consent decree the nurse entered into with the Board
- Fails to practice within the accepted standards for a nurse in DC
- Practices in a way that demonstrates a willful and/or careless disregard for the health and safety of patients, regardless of whether this behavior results in harm to a patient
- Fails to pay fees as established by the Mayor
The Board may take various forms of disciplinary action against a nurse found to have committed any of the above violations. They are:
- Denial of a new license or a renewed license
- License suspension (Note: The Board can proceed with immediate/summary suspension of a nurse's license when evidence suggests a nurse represents an immediate threat to public safety)
- License revocation
- Formal reprimand
- A civil fine of up to $5,000 for every violation
- Probation
- Requiring a nurse to complete some form of remedial action, such as undergoing therapy or completing a relevant educational/training course
- Issuing a cease and desist order
The disciplinary action the Board may take against your license if you're under investigation for a potential DC NPA violation could significantly impact your ability to continue practicing nursing in DC. Be proactive in these circumstances and contact our Lento Law Firm Professional License Defense Team to discuss your case.
A Note on Summary Action Under the District of Columbia Nurse Practice Act
As mentioned previously, in some circumstances, the Board can take summary action against a nurse's license without a full hearing. The DC NPA allows for summary suspension of a nurse's license when an investigation yields evidence that suggests allowing a nurse to continue practicing could put the public at unreasonable risk.
The following points describe the summary suspension process under the DC NPA:
- When the Board elects to proceed with the summary suspension of a nurse's license, it will provide the nurse with a written notification explaining the action the Board is taking, why the Board is taking such action, and what a nurse's rights are in these circumstances.
- A nurse has the right to request a hearing within 72 hours of receiving notice of summary suspension from the Board. If the Board receives a timely request, it shall arrange a hearing within 72 hours accordingly, and the Board shall issue its decision within 72 hours after said hearing.
- The Board shall base its decision on the available evidence and the relevant laws.
The DC NPA also states that a nurse may file an appeal when the Board takes summary action against their license. This is a process our Professional License Defense Team at the Lento Law Firm can assist you with.
The DC Nurse Practice Act Authorizes the Board to Issue Cease and Desist Orders
Under the DC NPA, the Board can also issue a cease and desist order when there's reason to believe a nurse's continued practice represents an imminent threat to public health and/or safety. The following points outline the process:
- The Board can send a cease and desist order via certified mail requiring a nurse to cease an alleged violation.
- A nurse may submit to the Board a written request for a hearing within 15 days of receiving a cease and desist order. The Board shall conduct a hearing upon receiving a timely request for one.
- Within 10 days of receiving an order, a nurse may submit a request for an expedited hearing. If they do so, they will waive the requirement that the Board provide a nurse with a minimum of 15 days advance notice of a hearing's date. Upon receiving a timely request for an expedited hearing, the Board shall convene a hearing on the matter within 10 days of receiving said request. The Board must provide a nurse with five days' notice of said hearing in these circumstances. After an expedited hearing, the Board has 30 days to render a decision.
A nurse doesn't have to request a hearing upon receiving a cease and desist order from the Board. If a nurse fails to request a hearing in a timely manner, the cease and desist order is considered final, and the nurse must abide by its terms.
On the other hand, the Board will revoke a cease and desist order if a hearing results in a determination that an alleged violation hasn't occurred.
It's important to request a hearing in a timely manner if you're a DC nurse who's received a Board cease and desist order. Your options to challenge the order are limited to non-existent if you miss the deadline.
That's not to say you should approach this process on your own. At the Lento Law Firm Professional License Defense Team, our attorneys can assist you with everything from drafting an initial response to a cease and desist order to gathering evidence to strengthen your case in the run-up to a hearing. Naturally, our team will also represent you during the hearing itself, challenging the story and evidence against you.
The DC Nurse Practice Act Allows the Board to Require That Nurses Submit to Examinations
There are circumstances when the Board may require a nurse to submit to a mental or physical examination. The DC NPA grants the Board the authority to impose this requirement when the Board has cause to believe a nurse is impaired in a manner that represents a violation of the NPA.
Failure to comply with such requirements is automatically considered to be evidence that a nurse is guilty of an alleged violation. If you're a nurse under investigation by the Board and you receive this type of request, lawyers with our Lento Law Firm Professional License Defense Team will ensure that you comply with it properly and in a timely manner. Allowing us to handle correspondence with the Board during an investigation can make navigating the process much easier.
The District of Columbia Nurse Practice Act Establishes the Scope of Practice for Advanced Practice Registered Nurses
Another function of the DC NPA is explaining what certain types of nurses are and aren't permitted to do based on the licenses they hold. Under the NPA, the scope of practice for an advanced practice registered nurse (APRN) in DC includes the following authorized acts:
- Performing general medical diagnosis, treatment, prescription, and similar functions/acts
- Initiating drug therapies, monitoring them, and altering them as needed
- Initiating necessary and appropriate therapies and/or treatments
- Making referrals for therapies or treatments when necessary
- While operating within the rules and regulations of the Board, performing additional functions that may be relevant to one's specialty
The NPA states that APRNs should generally perform their duties in collaboration with other medical professionals and personnel. This is an example of the NPA's sometimes vague phrasing, as it doesn't clearly describe what such collaboration should consist of. The fact that the wording of the law is vague is yet another reason it's important to hire lawyers who know the DC NPA in and out when you've been accused of violating it.
The District of Columbia Nurse Practice Act Allows for a Nurse Rehabilitation Program
The DC NPA provides guidance regarding the legal establishment of the Nurse Rehabilitation Program. This is a voluntary program offering support to nurses who struggle with substance abuse issues.
The Board sometimes offers a nurse the option of enrolling in this program as an alternative to disciplinary action. Attorneys with our Professional License Defense Team at the Lento Law Firm can help you better determine if such an option is ideal for you should the Board ever present you with this opportunity in lieu of traditional discipline. Just because enrolling in the program may allow you to avoid disciplinary action, that doesn't mean it's always the best course of action.
Contact the Lento Law Firm for Help with a Case Involving an Alleged Violation of the District of Columbia Nurse Practice Act
The DC NPA is a nuanced and complex law. When hiring a lawyer to defend your license due to an alleged violation of the NPA, you must be confident your attorney thoroughly understands the law and how it applies to your case.
That's not something you need to worry about when you work with the Lento Law Firm Professional License Defense Team. We're prepared to apply our familiarity with the DC NPA to help you defend your career. Find out more about our DC nurse license defense services by calling our offices at 888-535-3686 or submitting your information online.
