To become a Certified Registered Nurse Anesthetist (CRNA), an individual must go through years of education to ensure they are competent and compassionate enough to administer such heavy-hitting drugs to patients undergoing a variety of procedures. With so much responsibility in their hands, the Idaho Board of Nursing is keen on disciplining any CRNA who violates their professional and ethical obligations.
If you have been accused of misconduct, you might feel isolated or depressed. The Idaho Board of Nursing adjudication process can be exhausting. There are many interviews, meetings, and hearings to attend. It can be very easy to get overwhelmed and want to give up.
Working with an attorney from the moment you learn of the accusations is the only way to ensure the best possible outcome for your case. Not only does the Lento Law Firm Professional License Defense Team have an elaborate knowledge of these proceedings and the best defenses, but they will also be there to help guide you through every interaction with the board. You must protect yourself from false allegations and unnecessarily harsh sanctions that will impact your life going forward. Call 888-535-3686 today or schedule a consultation online.
Idaho Board of Nursing License Proceedings
Under Idaho law, the Idaho Board of Nursing has the obligation to punish CRNAs when they are found responsible for certain actions. Though the sanctions can differ from case to case, they typically include one or more of the following:
- Revoking the CRNA's license.
- Suspending the CRNA's license.
- Place the CRNA's license on probation.
- Formally reprimand the CRNA.
- Place limitations or restrictions on the CRNA's license or nursing abilities – such as when and where they can work, if they need supervision, etc.
- Or any other sanction allowed by law they believe is suitable for this particular issue.
The sanctions imposed are supposed to fit the severity of the alleged facts of the case. Despite this, there are times when the board will overstep, forcing you to endure significantly more severe penalties than the alleged misconduct. Whatever sanction the board imposes will be noted on your nursing record, which could make it difficult to renew your license, have it reinstated, or even apply for a license in another state. Additionally, disciplinary actions will negatively affect your reputation and can make your work life unbearable.
The Truth May Not Protect You from License-Related Sanctions in Idaho
Many CRNAs are falsely accused by patients, family, medical staff, or colleagues out of jealousy, malicious intent, or even simple misunderstandings. Unfortunately, even when presented with the truth, the Idaho Board of Nursing can continue to believe the complainant, punishing the CRNA erroneously.
Examples of mistakes the board can make, which will impact the case, include:
- Not performing their due diligence. Sometimes, the board fails to perform the preliminary investigation into the complaint, doesn't provide you with proper notice, or forgets to inform you of your right to an attorney.
- Being biased in some way.
- Excluding certain pieces of evidence or testimony during the hearing.
- Reviewing relevant evidence and coming to an improper conclusion about it.
Most falsely accused individuals believe that the truth will set them free. However, as we can see, that is often not the case. Unfortunately, many of these individuals decide to defend themselves in these situations, forfeiting the initial opportunity to succeed.
The truth is, the only way to make sure the board upholds your rights to a fair and just adjudication process is to work with a member of the Lento Law Firm Professional License Defense Team. Our attorneys understand what can happen during an inadequate defense. They will ensure the board does not make any errors in judgment.
Grounds for Sanctions Against CRNAs Practicing in Idaho
According to Idaho legislation, the Board of Nursing can sanction CRNAs found responsible for one or more of the following:
- Disclosing the contents of the licensing examination in any way.
- Failing to respect their patient's dignity, health problems, personal attributes, national origin, and handicaps.
- Discriminating against a patient, their family members, or the CRNA's colleagues or supervisors.
- Keeping inaccurate records of patient care.
- Diverting or soliciting equipment, materials, property, or drugs without consent.
- Borrowing money or property from patients.
- Engaging in sexual misconduct with a patient.
- Deceiving, defrauding, or endangering patients or the public.
- Using alcohol or drugs so much that it impairs the CRNA's judgment, skills, or abilities to provide safe and competent care.
- Receiving a court order or evaluation that states the CRNA is physically or mentally incompetent or incapable of providing safe and competent care.
- Violating any state or federal law.
- Performing CRNA tasks outside the scope of their practice.
- Misrepresenting themselves or their skills in any way on employment or licensing forms – for example, filing for a license with a fake diploma from a CRNA program, or renewing a license under someone else's name and credentials.
- Physically or emotionally abusing a patient, their family, a colleague, or other staff member.
If the Idaho Board of Nursing discovers that a CRNA has committed one of these violations, they will sanction them. Any type of sanction they impose will affect your entire life. As such, they should be avoided at any cost. Hiring an attorney is the best way to prevent negative consequences from upsetting your life. You should not have to change jobs, or even careers, because of someone else's vendetta against you. The Lento Law Firm Professional License Defense Team can help.
The Adjudication Process for CRNA Licensing Issues in Idaho
A CRNA license disciplinary process begins the moment a complaint is filed against you. To provide you with the best possible outcome, your attorney will begin their own investigation and defense strategy the second you receive notification of the complaint.
Usually, complaints are made by current or former patients, their family members, law enforcement officials, or your employer or colleague. In some rarer cases, random members of the public will file misconduct allegations against a CRNA. In any of these situations, though, your attorney will begin by looking for evidence to support the immediate dismissal of the complaint.
The Investigation Process in Idaho
While your attorney is working hard to have the complaint dismissed, the Idaho Board of Nursing is reviewing it. To ensure the complaint is not frivolous – and thus a waste of their time and resources – they will appoint a third party to interview both you and the complainant to learn more about the supposed incident.
In addition to interviewing both parties, the investigator will gather relevant facts and witness testimony, documents, photographs, or other evidence. During this time, you will have a chance to respond to the accusations and provide your own information. Having an attorney during these interviews and responses guarantees that the investigator will have additional witness names and evidence to review.
Once the investigator has completed their investigations, they will prepare a report and file with all of the interviews, evidence, and, in some cases, an expert's report for the Board to review. If the investigation shows that there is probable cause to trust a violation has occurred, they will initiate the disciplinary process by filing a formal Administrative Complaint.
Disciplinary Hearings for CRNAs in Idaho
After the Administrative Complaint is filed, the board will appoint an independent Hearing Officer. The hope is that by hiring a third party as a hearing officer, they will be unbiased and have no conflicts of interest. Unfortunately, this is not always the case. Your attorney will keep an eye out for such behaviors and call them out if they see them to avoid any flawed decision-making.
During the hearing, you and the complainant will have the chance to present your arguments and any witness testimony and relevant evidence that supports it. You will also have the chance to cross-examine the other party's witnesses to help refute their argument. When the hearing is finished, the Hearing Officer will issue a Recommended Order to the Idaho Board of Nursing. The Recommended Order will explain the findings and their decision of whether a violation of the law or rules has been proven by the evidence presented.
If you do not agree with this decision, you can object to it or request that the Hearing Officer reconsider their stance. The board will review the Recommended Order and decide whether any violations have occurred or what disciplinary action to impose. They will issue their final order with this decision, as well as the steps you can take to file an appeal.
Appealing of an Idaho Board of Nursing Decision
Under Idaho law, you cannot file an appeal with the district court unless you have exhausted all administrative remedies within the Board of Nursing. However, a preliminary, procedural, or intermediate agency action or ruling can be appealed immediately to the district court for review if having the board review it would not be helpful.
These types of appeals must be made to the District Court in the county where either the:
- Hearing was held,
- The Board of Nursing's final action was taken, or
- Where you or the complainant (whoever is filing the appeal) reside.
You have 28 days from the service date of the board's order, the denial of the petition for reconsideration, or within 21 days of their failure to grant or deny the petition for reconsideration to request a judicial review.
If the idea of pursuing an appeal after experiencing the initial investigation and hearing is overwhelming, Lento Law Firm will help shoulder that burden. Our attorneys will file the appeal on your behalf, ensuring that every article of evidence, witness testimony, and argument is presented and reviewed appropriately.
Settlement Agreements and Dismissals
Occasionally, the complaint will not progress past the initial investigation. In the best-case scenario, the board will dismiss the frivolous complaint after finding there is no preliminary evidence to support it. Alternatively, they may decide there is no probable cause after receiving the investigator's report and decide to close the case.
Sometimes, though, the parties may agree to enter into a settlement agreement discussion before the Administrative Complaint can be filed. During this time, your attorney will represent your case, negotiate on your behalf, and certify that the outcome is in your best interest.
Wherever your case goes, the Lento Law Firm Professional License Defense Team will be by your side.
We Serve CRNAs Employed by Medical Providers Throughout Idaho
Our attorneys have helped CRNAs navigate disciplinary proceedings all over the country, including the following medical facilities:
- St. Luke's Regional Medical Center (Boise)
- St. Alphonsus Regional Medical Center (Boise)
- Eastern Idaho Regional Medical Center (Idaho Falls)
- Intermountain Health Cassia Regional Medical Center (Burley)
- Kootenai Health (Coeur D'Alene)
Call the Lento Law Firm's Professional License Defense Team Today to Discuss How We Can Prevent Your CRNA License Sanctions in Idaho
Misconduct accusations in any profession can be overwhelming. However, given the nature of a CRNA's role, they can have even more disastrous consequences. Not only are you at risk of having your reputation harmed, even if the allegations are dropped, but you are also at risk of losing your job, which would make it hard to provide for yourself and your loved ones. Moreover, any kind of disciplinary action will affect your employment for the foreseeable future. These consequences can have long-term effects on your mental and emotional well-being, as well as your relationships with others.
The Lento Law Firm Professional License Defense Team has spent their careers helping CRNAs all over the country who have been accused of misconduct. They understand the proceedings you are facing and will be able to review your case and construct a strategic defense on your behalf.
You do not have to figure this out alone; Lento Law Firm can help. Very often, Certified Registered Nurse Anesthetists who are accused of misconduct decide to attend the meetings and hearings on their own. While they believe they have prepared sufficiently for these interactions, they usually end up underestimating Idaho's Board of Nursing and are unsuccessful in their defense.
The Lento Law Firm will be able to leverage its experience during negotiations, settlement discussions, administrative hearings, and appeals. If you or a loved one have been accused of misconduct by the Idaho Board of Nursing, our knowledgeable attorneys can help. Call 888-535-3686 or schedule a consultation online.