As a licensed nurse practitioner (NP) in Georgia, you perform a vital service within the healthcare sector: taking much of the burden off of physicians by helping patients with basic healthcare and maintenance. Qualifying for this role was no easy task: you've invested a great deal of time (and money) into your education, and even more years in practical experience, just to get to this point in your career. This makes it all the more distressing to discover someone has filed a complaint against you, leading to an investigation by the Georgia Board of Nursing (BON) for alleged misconduct.
It's unfortunate how a single complaint can threaten the livelihood you've worked so hard for, but this is a reality in every state across the country. Your nurse practitioner's license is your ticket to employment, whether you're working in a medical clinic in Atlanta, a healthcare facility in Savannah, a hospital in Augusta, or a nursing home in Marietta. If the BON establishes evidence of misconduct, possible sanctions, including potential revocation of your license, could be on the horizon. Bear in mind, too, that any disciplinary action could likely harm your ability not just to work in Georgia, but in any other state, as the BON will report these sanctions on Nursys, the nationwide nurses database that other licensing boards and healthcare facilities consult when vetting your credentials.
There is hope, however. By taking quick action and hiring an experienced professional license defense attorney, you stand a solid chance of resolving the complaint and preventing the loss of your license. The Professional License Defense Team at the Lento Law Firm has nationwide experience assisting NPs like you. We comprehend the operations of the Georgia Board of Nursing and will work tirelessly on your behalf to achieve the most favorable outcome. To arrange a consultation, reach out to the Lento Law Firm today at 888-535-3686 or utilize our online form.
Board of Nursing Disciplinary Measures
In Georgia, NPs are required to abide by stringent ethical and professional conduct standards as outlined in the Rules of the Georgia Board of Nursing and Nurse Practice Act. These laws grant the BON the authority to impose penalties on nurse practitioners suspected of violating state regulations and standards, and they only need to find you culpable based on a preponderance of the evidence. If you're accused of misconduct, you may face one or more of the following penalties:
- Reprimand. A formal warning from the BON, which is documented on your record but doesn't restrict your license.
- Fines. A monetary penalty may be levied.
- Practice restrictions. The BON has the authority to limit your working conditions or prohibit you from performing specific tasks.
- Remediation. If the violation stemmed from an educational deficit, the BON may mandate that you complete continuing education courses to retain your license.
- Alternative-to-discipline programs. For cases involving substance abuse or addiction, the BON may recommend a recovery program or supervised monitoring as an alternative to revoking your license.
- License suspension. This prevents you from practicing as a nurse in Georgia for a specified or indefinite period.
- License revocation. The BON might permanently revoke your license, barring you from working as a nurse or nurse practitioner in Georgia in the future.
Potential Allegations Threatening Your NP License
Most allegations capable of costing you your license involve some sort of violation of state nursing standards or a general breach of public trust. Some common violations include, but are not limited to:
- Sexual Misconduct. Inappropriate sexual behavior with a patient, regardless of consent, can lead to license suspension or revocation for NPs. Romantic relationships between nurse practitioners and their patients are also considered highly ethical.
- Drug Mismanagement or Misuse. Any variance from rules for proper medication administration, such as redirecting medications intended for patients, drug abuse, poor inventory management, or unauthorized or falsified prescriptions, can lead to disciplinary measures.
- Patient Abuse or Neglect. Allegations of physical, verbal, sexual, or mental abuse of a patient can jeopardize your license--as can any other behavior that unnecessarily endangers a patient.
- Fraud. Fraudulent practices such as altering patient records, exaggerating qualifications, or deliberately overbilling insurance providers can lead to license revocation.
- Criminal Convictions. Being found guilty of a felony or any other crime of moral turpitude can render you ineligible to maintain a nurse practitioner license in Georgia. You can also face disciplinary action for failing to self-report a criminal conviction to the BON--even if the offense itself would not warrant disciplinary action.
The Disciplinary Process for Nurse Practitioners in Georgia
The Georgia Board of Nursing follows a distinct set of protocols when addressing allegations of misconduct against licensed NPs and others within the nursing profession. If you're a nurse practitioner in Georgia facing accusations of misconduct, here's a path of what to expect from the unfolding disciplinary process.
Complaint
The disciplinary process typically starts when the BON receives a complaint against you. Complaints can be filed by any member of the public, but for nurses and NPs, the majority of complaints come from patients, their families, colleagues, insurance providers, other healthcare practitioners, or anyone else who believes your actions have violated state nursing regulations.
Preliminary Review
The BON will first review the complaint to determine if it warrants an investigation. If the complaint is deemed unfounded or frivolous, it will be dismissed. However, if the Board believes there is enough evidence to warrant an investigation, they may proceed with further action. (For example, an allegation that you behaved rudely to a patient is less likely to be pursued than one alleging sexual misconduct.)
Investigation
If the complaint is confirmed and falls under the BON's jurisdiction, the Board will launch an investigation. This process may involve interviewing witnesses, issuing subpoenas for medical records and other documentation, and other tactics for gathering evidence. The goal is to find sufficient evidence to substantiate the complaint against you. You will be notified of the investigation's status and may be asked to provide a written response or in-person statement.
Consent Agreement
In many cases, the BON will offer to negotiate a consent agreement with you, especially if the evidence against you is convincing. A consent agreement is a voluntary settlement where you agree to the disciplinary action specified by the Board. A consent agreement is not always the best option, but if disciplinary action is inevitable, it does provide an opportunity for a skilled professional license attorney to negotiate for leniency in the agreement. Since a consent agreement is legally binding, it's crucial to involve a skilled attorney in the process before signing one.
Formal Hearing
If a consent agreement is not reached, you will be summoned to a formal hearing in front of an Administrative Law Judge (ALJ) to show cause why you should retain your nurse practitioner's license. Both sides may present evidence and cross-examine witnesses, and it's strongly recommended to have legal representation. Upon the hearing's conclusion, the ALJ will issue a ruling that includes recommendations for what disciplinary actions the BON should take.
Final Board Action
If the hearing determines that you violated the standards and legal requirements of your profession, the BON will make a final decision on the suitable disciplinary actions against you, possibly including suspension or revocation of your nurse practitioner's license.
Appeal
If you disagree with the Board's decision, you have the right to file an appeal at the Superior Court. However, keep in mind that this process can be costly and time-consuming, and most rulings are typically upheld unless there has been a procedural error resulting in a miscarriage of justice.
Even though this disciplinary process may seem intimidating, it's important to remember that a complaint against you with the BON can be resolved at numerous stages of the disciplinary process through effective negotiation. The Professional License Defense Team at the Lento Law Firm is well-versed in such negotiations, often helping clients resolve complaints before they escalate to later stages.
Where We Provide Services in Georgia
Healthcare is one of the top contributors to Georgia's economy, guaranteeing plenty of employment opportunities for licensed nurse practitioners across the state. The Lento Law Firm assists NPs from all over Georgia who may be facing challenges to their licenses. Understandably, most of our clients live and work in the state's larger population centers.
Atlanta
Atlanta, the capital city of Georgia, is renowned for its pivotal role in both the Civil Rights Movement and as a modern hub for arts and culture. It's also the largest population center in the state, with more than half of Georgia's 11 million residents living in Atlanta or one of its many suburban areas. Known for its diverse musical heritage and its vibrant arts scene, Atlanta boasts numerous museums, theaters, and galleries. The city also serves as a major economic and transportation hub in the southeastern United States, hosting numerous international corporations and one of the busiest airports in the world. Not surprisingly, the ATL metro houses some of the state's most prominent hospitals and healthcare systems, including Emory University Hospital (and the many locations within the Emory Healthcare system), Piedmont Atlanta Hospital, Grady Health, etc.
Augusta
Augusta, located on the east-central border of Georgia with South Carolina, has a population of approximately 202,000 people. The city is home to the prestigious Augusta National Golf Club and hosts the annual Masters Tournament. The more prominent healthcare systems and hospitals serving this area include Wellstar (formerly Augusta Health), Doctors Hospital, and Piedmont Augusta.
Savannah
Home to approximately 150,000, Savannah is a charming coastal city known for its well-preserved historic district, cobblestone streets, and lush green squares. Established in 1733, it is one of the oldest cities in the United States. Savannah's picturesque beauty is enhanced by its iconic Spanish moss-draped live oaks and the historic homes that line its streets, particularly in areas like the famous Forsyth Park. The city also boasts a vibrant arts scene, numerous festivals, and a thriving culinary landscape that blends traditional Southern cooking with modern influences. Primary healthcare systems in this area include Memorial Health and St. Joseph's/Candler.
Columbus
Situated in west-central Georgia, Columbus is home to just over 200,000. The city is home to one of the largest military bases in the country (Fort Benning) and has a strong economy driven by industries such as manufacturing, healthcare, and education. Some of the major healthcare systems serving this area include Piedmont Columbus Regional, St. Francis Hospital, and Columbus Regional Health.
The Importance of Having a Professional License Defense Team
In most license defense cases, you're at an immediate disadvantage as soon as a complaint is filed, as there's no such thing as presumed innocence. The BON's main responsibility is to ensure public safety, and they have the power to impose discipline against nurse practitioners based only on a preponderance of the evidence. Thus, negotiating on your own behalf is not advised, as anything you say in your defense could actually be used against you.
The Professional License Defense Team of the Lento Law Firm can significantly improve your chances of retaining your NP license while also minimizing the impact of any other sanctions or penalties. We will review the facts and evidence, evaluate the strength of the complaint against you, assist in evidence collection, gather witnesses if necessary, and work to negotiate the most favorable terms of resolution with the BON.
Whether the allegations against you have happened because of a misunderstanding, an honest mistake, or a lapse in judgment, you've worked too hard to establish your career to have it be destroyed by unfair actions by the Board. Take steps now to protect your career and your future. To schedule a consultation, call the Lento Law Firm at 888-535-3686 or fill out our convenient, confidential online form.
