In Wyoming, nurses provide critical medical treatment and care to patients. You work within a healthcare system suffering from an acute shortage of medical professionals, the rising costs of pharmaceuticals, and increasingly limited resources. From Cheyenne, Casper, and Cody to Laramie, Sheridan, and all the communities in between, patients need your knowledge and clinical expertise. Whether you treat patients in a hospital, medical office, or other healthcare facility, you stand on the front line, committed to your patients, their health, and their welfare.
Any accusation of domestic violence is grave, particularly when made against a nurse who needs to maintain their professional license to practice their occupation. If you face domestic violence accusations, whether during a hearing for a domestic violence (DV) order of protection or criminal arrest and prosecution, it is normal to feel overwhelmed and unsure of your next steps. After all, Wyoming's justice system is no place for the inexperienced, and the consequences of a domestic abuse charge can be great.
For nurses, the stakes can be even higher because an accusation of domestic violence may lead to both a criminal prosecution and a professional conduct inquiry that could jeopardize their nursing license. If your nursing license is suspended or revoked, you lose your ability to provide for your family and work in your chosen profession.
If you are a nurse concerned about how a domestic violence protective order, arrest, or prosecution may impact your license, the Lento Law Firm can help. Regardless of the circumstances, our experienced attorneys can fight to protect you and your nursing license. Call our experienced Professional License Defense Team at 888-535-3686 or contact us online.
Nurse Licensure in Wyoming and the Wyoming State Board of Nursing
The Wyoming State Board of Nursing (WSBN) is committed to promoting public safety by regulating nursing practice and education. WSBN is responsible for the enforcement of the Wyoming Nurse Practice Act and related rules and regulations.
Nurses make critical healthcare decisions for vulnerable patients based on their training, experience, and judgment. Effective health care rests on a foundation of trust. Wyoming and the WSBN seek to minimize the risk of patient exploitation and medical error by requiring credentialed nurses to conduct themselves with integrity and avoid behavior that may jeopardize patient care. Professional licensing standards demand that nurses, their decision-making ability, and their character reflect competency and sound judgment.
Wyoming Requires that Licensees Self-Disclose Violations
The Wyoming Nurse Practice Act allows the WSBN to refuse to issue or renew a license or discipline license holder applications if they knowingly and willfully fail to report any violation of the Wyoming Nurse Practice Act or the related rules and regulations.
The WSBN directs that a nurse must report an “impending criminal charge or civil violation.” Because of this requirement to self-report, any nurse concerned about a domestic abuse accusation made against them should take quick action and contact the Lento Law Firm Professional License Defense Team. We can review the facts of any domestic violence-related allegation or charge, including whether someone has applied for a DV order or protection against you. Our experienced attorneys can help analyze the specific facts of your situation and advise you on Wyoming self-disclosure protocols and whether they apply to your situation.
Domestic Violence Criminal Investigations and Prosecutions in Wyoming
In Wyoming, domestic violence is taken extremely seriously. People accused of domestic abuse may face arrest and prosecution for crimes such as domestic assault, domestic battery, strangulation, stalking, and false imprisonment. In some cases, a prosecutor may file charges of aggravated assault and battery in situations involving domestic violence. If found guilty of these crimes or others arising from domestic abuse situations, an individual can face probation, fines, and lengthy jail sentences.
Domestic Violence Order of Protection in Wyoming
In Wyoming, an order of protection can be issued to a victim of domestic abuse. Under Wyoming law, domestic abuse occurs when a household member is physically abused, threatened, forced to participate in sexual activity, prevented from moving, or prevented from leaving by another household member.
A household member can include: a spouse or former spouse, a dating partner or former dating partner, a co-parent, a parent or child, a roommate or cohabitating partner.
To obtain a DV order of protection in Wyoming, an applicant, also called a petitioner, completes a petition for a protective order and turns the petition in at the courthouse. A judge reviews the petition and may ask the applicant questions. If the judge believes that the applicant is at risk for further abuse, a temporary order of protection should be issued. If issued, the court serves notice of the temporary order and the hearing date for a final order of protection.
At the final hearing, both the petitioner and respondent will have the opportunity to present evidence about the alleged domestic violence.
If warranted by the evidence, the judge issues a final order of protection. The issuance of a final order of protection is not a criminal conviction.
Importantly, it is a crime for an accused abuser to violate the terms of an order of protection. If convicted, an individual may be fined, jailed, or both. If an order of protection has been issued against you, it is essential that you understand and comply with its terms.
Professional License Discipline in Wyoming
Wyoming's Nurse Practice Act regulates the conduct of nurses in the interest of public and patient safety. The WSBN may refuse to issue or renew a nursing license or discipline a licensee, if there is proof that the licensee was found guilty by a court, entered a plea of nolo contendere, or entered an Alford plea to a misdemeanor or felony that related adversely to the practice of nursing or to the ability to practice nursing. An Alford plea is an agreement in which the defendant pleads guilty to the crime without admitting the facts of the crime. With a nolo contendere plea, the defendant does not admit guilt but accepts a penalty.
A licensee may also be disciplined if they have abused a member of a vulnerable population or for the unauthorized use or illegal possession of controlled or illicit drugs.
Importantly, nurses can be disciplined if their use of drugs and alcohol impairs their competency and judgment. Too frequently, nurses and other health care providers suffer from substance abuse and dependency. Because of the role that alcohol and drug use often play in domestic violence situations, there is a possibility that a petition for an order of protection or criminal proceeding could expose drug or alcohol use that could jeopardize a nurse's license.
The WSBN and the criminal justice system each have different purposes and priorities. The WSBN is focused on determining if a nurse can safely care for patients. Any accusation of domestic abuse is a potential threat to a nurse's license.
Many of the licensing standards enumerated in the Wyoming Nurse Practice Act and related rules, including those mentioned above, could be violated in a situation involving domestic violence. If an allegation of domestic violence is made against you, the Lento Law Firm Professional License Defense Team can help determine how the WSBN may address the situation and help you challenge the allegation.
The Lento Law Firm defends nurses facing disciplinary investigations, hearings, and sanctions throughout Wyoming. We know that your license is the foundation of your professional practice, financial security, and future.
The Professional License Disciplinary Process in Wyoming
In Wyoming, the professional license disciplinary process for mental health professionals includes:
Complaint
Anyone can file a complaint against a licensee with the WSBN. Complaints are often filed by patients and former patients, the family members of clients, colleagues, and co-workers. If the WSBN has jurisdiction and the allegations, if true, would violate the Wyoming Nurse Practice Act or related regulations, an investigation begins.
The investigator gathers information about the complaint and provides their results to the Investigative Committee (IC) for review.
Investigative Committee Review and Recommendation
The IC reviews the case file and makes recommendations on how the WSBN should proceed. The IC may recommend the dismissal of the complaint or the issuance of a notice of warning. Neither a dismissal nor a notice of warning is considered a disciplinary sanction.
In the alternative, the IC may recommend a disciplinary action such as issuing a letter of reprimand, restricting the accused nurse's license, or suspending or revoking the accused nurse's license.
If the IC recommends dismissal or a notice of warning, the recommendation goes to the WSBN for approval.
If the IC recommends a disciplinary action, a notice of intent is sent to the licensee. The licensee then has 15 days to request a settlement or a hearing.
In a contested case, a hearing officer presides over the hearing.
If a violation is found, the WSBN may impose a sanction such as a letter of reprimand, license restrictions, license suspension, or license revocation.
The consequences of a license disciplinary investigation and hearing can be significant and far-reaching. It is never too early to contact the Lento Law Firm. Our experienced license defense attorneys can partner with you to navigate Wyoming's professional license disciplinary process, including a contested case hearing.
Let the Lento Law Firm Help Defend Your Professional License
In Wyoming, license disciplinary investigations are adversarial. You don't need to navigate the process alone. Instead, build a comprehensive Professional License Defense Team with the Lento Law Firm. Our attorneys are ready to collaborate with you to develop a defense strategy to refute any complaint made against you.
If you are facing an allegation of domestic abuse, the Lento Law Firm can analyze the accusations made against you during the DV order of protection process or as part of a criminal investigation, and:
- Determine what, if any, violations of the Wyoming Nurse Practice Act or related regulations have occurred.
- Provide legal and practical guidance about Wyoming's self-reporting requirement.
- Consult with your criminal defense attorney about any plea deal, downgraded or dropped charges, or other resolution and its impact on your nursing license. A criminal lawyer may not fully understand the professional consequences of a criminal prosecution or plea agreements.
- Develop a comprehensive defense strategy to protect your nursing license.
If a license complaint against you is filed with the WSBN, our team can partner with you throughout the investigation and:
- Ensure that the WSBN meets its notice and due process requirements.
- Prepare you for any interview or interaction with the investigator.
- Perform our own investigation to identify mitigating evidence and exonerating witnesses.
- Negotiate a settlement, consent order, or other agreement on your behalf and ensure you fully understand the terms of any agreement before signing.
- Represent you before, during, and after a contested case hearing.
- Provide legal guidance on available appeal and modification options, if necessary.
In Wyoming, the disciplinary investigation and hearing process can be long and arduous. A nurse accused of professional misconduct must be prepared to spend months challenging the complaint against them and defending their license.
You don't have to do it alone. When you are ready, the Lento Law Firm Team can partner with you. We are committed to you and your best interests.
Partner With the Lento Law Firm
At the Lento Law Firm, we protect nurses, as well as their licenses. We know the importance of your work to you, your patients, and your community. We know your license is the foundation of your career and livelihood.
Our Professional License Defense Team can help you throughout any license disciplinary process. When you need help protecting your license, reputation, and livelihood, we can fight on your behalf.
Across Wyoming, we defend nurses and their licenses when misconduct allegations, including accusations of domestic violence, are made against them. Call the Lento Law Firm at 888-535-3686 or contact us online to discuss your case.
