If You are an Agency Nurse in Nebraska and Worried About Losing Your License or Contract, The Lento Law Firm Can Help

As an agency nurse licensed in Nebraska you are used to hard, yet rewarding, work as you care for patients. You are also used to moving from one healthcare facility to another as you practice your specialty. Nursing is the profession you love, and you give it your all. That's why you need to act if you are accused of wrongdoing while working for a medical staffing agency. Your contract with the business and ability to continue working as an agency nurse or travel nurse may be in jeopardy. Your license to practice nursing may be called into question as well. Years of rigorous study, drive, and determination can be thrown up in the air if a hospital, patient, or another healthcare practitioner files a formal complaint about you. Allegations of wrongdoing can damage your career and threaten your livelihood. When a nurse is the subject of a complaint in Nebraska, the state will investigate the matter and may take disciplinary action. This action can include the loss of licensure. The medical staffing agency may end your contract, too. Complaints against agency nurses and travel nurses can have serious repercussions, so you must take any allegation seriously. Even if you think an accusation is groundless, you cannot brush it under the rug and ignore it. You need to face the complaint head onhead-on and defend yourself, and the best way to do that is by having a skilled and knowledgeable law firm at your side.

If you are the subject of a complaint or think you will be, the Lento Law Firm's Professional License Defense Team is ready to help. The team knows what to do when nurses, doctors, and other licensed professionals face allegations of misconduct. An attorney with the Professional License Defense Team will listen to your story, answer your questions, and explain what will happen as your case moves through Nebraska's disciplinary process. The attorney will also go over your options and strive to obtain the most favorable resolution possible. Experience is important, and the Lento Law Firm's attorneys have that experience. The Lento Law Firm is ready to guide you through the confusing and stressful disciplinary process, regardless of your location in Nebraska. The firm can help if you are in Columbus, North Platte, Omaha, South Sioux City, or any other area of the state, as well as nationwide. The Lento Law Firm and its Professional License Defense Team are up to the task and all set to advocate on your behalf. Get in touch with us at 888-535-3686 or use this online form to contact us.

The Nurse Licensing Process in Nebraska

The Nebraska Board of Nursing handles the licensing process for nurses within the state. The board issues licenses for Licensed Practical Nurses (LPN), Registered Nurses (RN), and Advanced Practice Registered Nurses. Nurses in advanced practice include Certified Nurse Midwives, Clinical Nurse Specialists, Certified Registered Nurse Anesthetists, and Nurse Practitioners. Nebraska is also part of the Nurse Licensure Compact and, as a member, allows nurses who hold a license from another state to practice within the state.

Individuals who desire to be licensed as an LPN or RN in Nebraska must pass the National Council Licensing Examination, commonly called the NCLEX. After passing the test, an individual seeking a nursing license from the board can submit an application packet. The packet requires proof of citizenship or lawful presence in the United States, a photo, and a school transcript. Applicants must also undergo a criminal background check and submit a set of fingerprints. The Nebraska State Patrol conducts the background check and consults with the FBI for a national criminal history check. Note that applicants can challenge the accuracy of the FBI's records.

The license application asks applicants whether they have ever been convicted of a felony or a misdemeanor, including a traffic infraction. Applicants must list all convictions, regardless of how long ago they occurred. An individual must explain the events leading up to each conviction and describe any actions taken to address the behavior related to each incident. If a conviction was handed down in another state, the applicant must provide a copy of the court record on the charges and the final disposition of the case. If an applicant had a drug or alcohol-related conviction and completed a treatment program, the individual should have their treatment provider send all evaluation and discharge summaries directly to the board. If an individual is on probation, they must submit a letter from their probation officer discussing the terms of the probationary status. Applicants must also list any pending criminal charges that have not yet resulted in a conviction.

Applicants must also reveal whether they have ever held any other licenses to provide health services or health-related services in another state, and whether they have ever been subject to disciplinary action. An individual who has been subject to discipline in another state must provide an explanatory letter and a copy of the disciplinary authority's order. Applicants must also disclose the existence of any pending disciplinary action in another state.

Once licensed, a nurse must renew their license every other year. To obtain a renewal, a nurse must take 20 hours of continuing education classes and comply with Nebraska's continuing competency requirements. A nurse can show continuing competency by having:

• Graduated from a nursing program within the previous two years;
• Graduated from a nursing program in more than two but less than five years and completed 20 hours of continuing education within the last two years;
• Practiced nursing for a minimum of 500 hours within the last five years and completed 20 hours of continuing education within the last two years;
• Completed a refresher course of study consisting of a minimum of 75 hours within the last five years;
• Obtained and maintained current certification in a nursing specialty; or
• Maintained a portfolio that includes current continuing competency goals and verification of professional activities undertaken to meet those goals.

Agency Nursing in Nebraska

Nurses who work for medical staffing businesses are called agency nurses. A staffing company places these individuals in hospitals and other medical facilities that have a need for need more nurses. Facilities such as clinics, long termlong-term care centers, nursing homes, and rehabilitation centers need agency nurses so their patients can receive the proper level of care. The staffing agency hires nurses for jobs on an as-needed basis, and the nurses can usually choose their placement locations and shifts. Placements may be convenient to a nurse's home, or in another municipality. The medical facility's needs will usually determine the nurse's compensation rate and the placement length. Some assignments may run for weeks or months, while others may be for just a few days. Travel nurses are similar to agency nurses, but usually travel around the country to accept temporary positions.

Agency nurses and travel nurses often have different practice specialties, and the staffing business takes this into account when making assignments to medical facilities. Some agency nurses and travel nurses specialize in cardiac care, emergency room work, pediatrics, and surgery, for example. On the other hand, some agency nurses and travel nurses do not have a specialty and can work in a variety of healthcare settings.

When they are on the job at a medical facility, agency nurses and travel nurses perform many of the same duties as staff nurses. However, unlike staff nurses, agency nurses and travel nurses are not salaried employees and instead receive their pay from the staffing firm. The staffing agency usually pays hourly wages, since the placements are mostly short term since the placements are mostly short-term. In addition, agency nurses and travel nurses generally do not receive benefits such as health insurance, paid time off, or a retirement plan. They do, however, have the flexibility to work when they want to and in the locations they want.

Medical facilities use agency nurses and travel nurses to fulfill their staffing needs because they do not have to go through the hiring process and can save on employee benefit costs. Healthcare facilities also like to use agency nurses and travel nurses because these professionals can immediately replace staff who are on vacation or fill in when there are staffing shortages.

The relationship between the staffing company and an agency nurse or travel nurse is based on a contract. The staffing agency also has its own contracts with the medical facilities it serves. Generally, a nurse's contract covers the duration of the placement, the wages, details of the assignment, and whether the nurse is an independent contractor or an employee. The contract may contain language that allows the staffing firm to end the contract at any point in time and for any reason. The nurse may also be able to end the contract at any time, provided notice is given to the agency within a specified time frame. Every nursing agency in Nebraska is different, and their contracts are different, too.

Nebraska's Standards of Practice for Agency Nurses

All nurses have tremendous responsibilities when they are on the job, regardless of whether they are employed by a healthcare facility or work for an agency. Since nurses are responsible for vulnerable patients and Nebraska aims to protect the public, there are standards of practice that all nurses in the state must follow. The state says a licensed nurse is responsible, and answerable, for their own decisions and their actions or inaction, as the case may be. They are also responsible and answerable for the patient outcomes arising from those decisions, actions, or inaction. Nebraska law also says nurses cannot behave in an unprofessional manner. The state's definition of unprofessional conduct is broad, and consists of the following, for example:

• Altering a license by changing the expiration date, license number, or any other information thereon;
• Failure to use appropriate judgment;
• Failure to exercise technical competence;
• Failure to follow policies or procedures to safeguard patient care; Failure to maintain a patient's dignity or right to privacy;
• Violating a patient's confidentiality;
• Verbally or physically abusing a patient;
• Falsification, or intentional and unauthorized destruction of, patient records;
• Failure to maintain accurate patient records;
• Misappropriating medications, supplies, or personal items;
• Engaging in any act that endangers patient safety or welfare;
• Leaving a patient care assignment without notifying personnel so arrangements for continuing care can be made;
• Failure to seek direction from another licensed healthcare provider when necessary due to a patient's condition;
• Falsification or misrepresentation of facts when seeking employment;
• Engaging in sexual activities with a patient; and
• Crossing professional boundaries with a patient or patient's family, or in connection with a nurse's social media account.

Nebraska also defines unprofessional conduct as any failure to conform to the prevailing standards and ethics of the nursing profession. Unprofessional conduct also consists of behavior that is likely to deceive or defraud the public, or that is detrimental to the public interest. This behavior includes, but is not limited to:

• Accepting money for promising that an incurable disease can be cured;
• Cheating on the nurse credentialing exam;
• Assisting in the care or treatment of an individual without consent;
• Performing, procuring, or aiding in the performance of a criminal abortion;
• Knowingly disclosing confidential information;
• Prescribing, administering, distributing, or selling any controlled substance or addictive or dangerous drug for other than a medically accepted purpose;
• Prescribing any controlled substance to oneself or, except in the case of a medical emergency, one's spouse, child, parent, sibling, or any other person in the household;
• Engaging in disruptive verbal or physical behavior that interferes, or could be expected to interfere, with care;
• Performing certain gender-altering procedures for an individual younger than 19;
• Failing to comply with any federal, state, or municipal law concerning nursing;
• Committing any act of sexual abuse, misconduct, or exploitation related to the practice of nursing; and
• Violating state abortion law.

Further, Nebraska will deny issuance of, or refuse to renew, a license, or initiate disciplinary action against a nurse, for any of the following reasons:

• Misrepresentation of material facts when procuring a license;
• Immoral or dishonorable conduct showing unfitness to practice;
• Abuse of, dependence on, or addiction to alcohol, any controlled substance, or any mind-altering substance, or the failure to comply with a treatment program;
• Conviction for a misdemeanor or felony that relates to fitness or capacity to practice;
• Practicing the nursing profession fraudulently, beyond its authorized scope, with gross incompetence, gross negligence, or with a pattern of incompetent or negligent conduct;
• Practicing nursing while impaired by alcohol, controlled substances, drugs, mind-altering substances, or a physical, mental, or emotional disability;
• Physical or mental incapacity, or an illness, deterioration, or disability that impairs the ability to practice;
• Permitting, aiding, or abetting an unlicensed person's practice of nursing or the performance of activities requiring a license;
• Having had a license denied, refused renewal, limited, suspended, revoked, or having has been subject to discipline by another state or jurisdiction;
• Distribution of intoxicating liquors, controlled substances, or drugs for other than lawful uses;
• Violations of Nebraska nursing law; and
• Unprofessional conduct.

In addition, under Nebraska law, it is illegal for an unlicensed individual to hold themselves out as an LPN or RN or to use any title or abbreviation to indicate that they are practicing nursing. It is also illegal for a nurse to practice if their license is expired, inactive, or has been suspended or revoked. Agency nurses and travel nurses must also abide by all other state and federal laws concerning illegal behavior, just as everyone else does.

Discipline of Agency Nurses in Nebraska

Members of the public, other healthcare practitioners, and patients and their family members can file a complaint against a licensed agency nurse or travel nurse in Nebraska. Note that healthcare practitioners who have first-hand knowledge of unlicensed, illegal, or unethical activities are required by law to file a complaint. The state's Department of Health & Human Services will review the allegations to determine whether an investigation is needed. The department will consider whether the complaint was made in good faith, how much time has passed since the alleged incident, the complaining party's willingness to testify, the availability of evidence, and whether the allegation, if proven, would result in discipline against the nurse. The department will notify the complaining party if it is going to investigate, and in most, but not all, situations, notify the nurse as well.

After an investigation is complete, the department will write a report for the board. The board may contact the Nebraska Attorney General's office and recommend that action be taken against the nurse. If there is clear and convincing evidence that the nurse violated statutes or rules, the Attorney General can, in some urgent situations, order an immediate, temporary suspension of the nurse's license. The Attorney General has other options as well. The Attorney General can file a petition with the department seeking to discipline the nurse. The Attorney General may also choose to negotiate a voluntary surrender of, or limitation on, the nurse's license, or enter into an assurance of compliance (AOC) agreement with the nurse. The AOC agreement says the nurse promises not to engage in certain illegal conduct, and notably, the agreement does not require an individual to admit to violating the law. In addition, the nurse who is the subject of the complaint can negotiate a settlement with the Attorney General or request a hearing on the allegations. Since Nebraska has the Attorney General to protect its interests, it is a good idea for a nurse who is facing discipline to have their own attorney. The Lento Law Firm and its Professional License Defense Team know what to do when a complaint is filed against an agency nurse or travel nurse in Nebraska.

The hearing is an administrative hearing, meaning the court system is not involved. A hearing officer will conduct the hearing, and both the Attorney General and the nurse can present their cases and evidence. After the hearing, the officer will draft an opinion consisting of findings of fact, conclusions of law, and recommendations on appropriate action. Nebraska's Office of the Chief Medical Officer (CMO) will review the opinion and either dismiss the case, move toward disciplinary action, or approve or reject a settlement. The CMO can also approve or reject the nurse's voluntary surrender of a license. If the CMO chooses disciplinary action, a nurse faces revocation or suspension of the license, probation, having a limitation placed on the license, a civil monetary penalty no greater than $20,000, or censure. Nebraska can also add the following terms to any type of discipline:

• Require the nurse to obtain additional professional training and pass an examination;
• Require the nurse to undergo to a complete diagnostic examination by one or more physicians or other qualified professionals; or
• Limit the extent, scope, or type of the nurse's practice.

A nurse can appeal the disciplinary action decision to Nebraska's district court system. However, there are strict timelines that need to be followed and court rules that must be observed. It is always best to have legal representation throughout the disciplinary process and during the appeals process as well.

In addition to facing disciplinary action, an agency nurse or travel nurse may find themselves terminated from their staffing agency. A staffing business will not hesitate to end a contract if a nurse is accused of wrongdoing. It is always a wise choice to have an experienced attorney on your side when employment with a staffing company is at issue.

Retain the Lento Law Firm if You are an Agency Nurse Whose License or Contract is in Jeopardy

No one wants to be in the position of having their professional judgement judgment or credentials called into question, but sometimes it happens. Someone may accuse you of misconduct even though you put forth your best efforts when practicing nursing. Don't let an allegation of wrongdoing derail your achievements. You have worked too hard and too long to have your license or staffing company contract taken away. If someone has filed a complaint against you, or you think they will, the Lento Law Firm and its Professional License Defense Team will support you through every aspect of Nebraska's disciplinary process. The firm can also handle any issues that come up with your medical staffing company. The Lento Law Firm can help, regardless of where you are in Nebraska. From Beatrice to Grand Island to Kearney to Norfolk or anywhere else in the state or nation, the Lento Law Firm has the talent you need. Tell us about your case by calling 888-535-3686 or filling out complete this online form, and we will contact you.