As an Illinois nurse practitioner, you are a valued and respected community member. While you are likely not always appreciated by patients, their friends or family, or sometimes even your workplace at the Lento Law Firm, we know you always put your patients first. If you face disciplinary action against your license, you may feel overwhelmed, scared, or even outraged, but the Lento Law Firm can help. Our Professional License Defense Team is here to eliminate any stress possible and vigorously fight for your Illinois nurse practitioner license. To learn how the Lento Law Firm can help you, call 888-535-3686 or contact us online.
Illinois Nurse Practitioner Regulatory Body
The Illinois Department of Financial and Professional Regulation (IDFPR) handles all things related to state professional licensing. Their jurisdiction covers a wide range of professions, from nail technicians to mortgage brokers, but most importantly, for your purposes, it is nurse practitioners. IDFPR will be the first regulatory body involved when a complaint is filed against a nurse practitioner and their license.
Within IDFPR is the Illinois Board of Nursing, comprised of 13 members: four advanced practical nurses, three nursing educator representatives, two registered nurses, one licensed practice nurse, one nursing administrator, one nurse, and one member of the public.
Illinois Nurse Practitioner Relevant Law
Like other advanced practice nurses in Illinois, nurse practitioners are bound by the Illinois Nurse Practice Act. The law addresses all things related to the practice of nursing and establishes the professional, ethical, and legal standards a nurse practitioner must comply with in the course of their practice.
Illinois Nurse Practitioner License Disciplinary Action Process
The disciplinary process may look slightly different based on the nature and severity of the case, but generally, disciplinary actions against nurse practitioners will follow this trajectory:
Complaint
Complaints are filed with the IDFPR. Anyone can file a complaint against a nurse practitioner, but most often, complaints will come from a colleague, patient, or family member of a patient. Your colleagues are mandatory reporters; this means they are legally required to report any suspected or known violations of nursing laws or regulations. If mandatory reporters do not report known or suspected misconduct to IDFPR, they may face disciplinary action for failing to report.
When IDFPR receives a complaint against a nurse practitioner, the complaint is sent to its Enforcement, Complaints, and Investigations Division for review. IDFPR may take immediate action against the nurse practitioner if it believes that continuing to practice poses an imminent danger to public health and safety. The immediate action IDFPR may take is a summary or temporary suspension; the suspension is effective immediately, and the nurse practitioner must stop practicing until a hearing can be conducted on the matter.
Investigation
The Investigation Unit's Medical Professions Team will investigate the complaint against you. The complaint will be assigned to a lead investigator on the team, who will first confirm that IDFPR has the legal jurisdiction to investigate it. The team will then investigate, including interviewing you, the nurse practitioner, the complainant, colleagues, patients, or any other relevant party. It will also collect any evidence, including records, documentation, videos, or photos, that it believes is necessary to further the case.
If, after the investigation, IDFPR determines the complaint has sufficient evidence to support a potential violation, the case will be given to the IDFPR Prosecution Unit, and you will receive a Deficiency Notice. The Deficiency Notice will detail the unethical or unprofessional conduct you have allegedly participated in. You will also be given information on a hearing where you will be able to defend yourself against the allegations in the complaint.
Hearing
The hearing will be conducted before a panel of licensed nurses and public members selected by the IDFPR, including members of the Board of Nursing. The hearing is your best opportunity to present your side of the story, clarify any misunderstandings, and defend yourself. A hearing can be similar to a trial, and just as you wouldn't go to trial without an attorney, you should not be alone in your panel hearing. Contact the Lento Law Firm immediately; our Professional License Defense Team has successfully represented countless Illinois clients in IDFPR hearings.
Your Lento Law Firm attorney will present evidence, examine and cross-examine witnesses, and fight for your Illinois nurse practitioner license. The opposing side, IDFPR's Prosecution Unit, will make the case against you, present its own evidence, and examine witnesses.
When the hearing is completed, the panel will deliberate and notify you of its decision at a later date.
Determinations
IDFPR's determination will be issued in writing. The decision will include findings of fact, the conclusion of the law, and its course of disciplinary action. IDFPR can take numerous disciplinary and non-disciplinary actions against nurse practitioners and their licenses. The most common disciplinary actions IDFPR takes are:
Reprimand
A reprimand is the least severe of the disciplinary actions. When a nurse practitioner receives a reprimand, it will be listed publicly as a disciplinary action against their license. Still, it in no way restricts their license or ability to practice. This outcome gives you the best opportunity to keep your employment and minimizes the negative impacts of a potential future job search.
Probation
When a nurse practitioner is placed on probation, their license is restricted, and they are subject to specific terms and conditions to continue practicing. The terms and conditions will be decided on a case-by-case basis and be tailored to the nature of the misconduct. Ideally, the terms of the probation will expire, at which time a nurse practitioner's license will be restored to an unrestricted active status. However, in some cases, probation is indefinite and will require the nurse practitioner to file a Petition for Restoration. When a nurse practitioner is placed on probation, they will be monitored by the IDFPR Probation Compliance Unit for the duration of their probation.
Suspension
Nurse practitioners whose licenses are suspended cannot practice or present themselves as a nurse practitioner during the suspension period. During a suspension, a nurse practitioner will likely have work to do to restore their license. A nurse practitioner may be required to complete continued learning education or training during the suspension period. Like probation, an expiration date may be set within the terms of the suspension, but suspension may also be indefinite, requiring the nurse practitioner to file a Petition for Restoration. IDFPR can order both a suspension and probation. How this works is the nurse practitioner will first be on suspension; when the suspension term expires, they will be on probation.
Revocation
When a nurse practitioner's license is revoked, they cannot practice nursing or hold themselves out to the public as a nurse practitioner. The terms of a nurse practitioner's license revocation will clarify if the nurse practitioner will be eligible to have their license restored. Only in rare situations is a nurse practitioner's license permanently revoked. The terms of the revocation will generally include the length of time a nurse practitioner must wait before they are eligible to file a Petition for Restoration of their nurse practitioner license. If a waiting period is not included, the nurse practitioner must wait at least three years before filing their petition.
Refusal to Renew
IDFPR may refuse to renew a nurse practitioner's license, meaning that when their licensure term expires, the nurse practitioner cannot renew their license without IDFPR approval and cannot practice or present themselves as a nurse practitioner. To practice again, the nurse practitioner must file a Petition for Restoration.
Fines
IDFPR may issue civil fines in conjunction with disciplinary action.
IDFPR also has non-disciplinary actions at its disposal. Aside from dismissing the complaint outright, IDFPR can take action against you, but it isn't a formal disciplinary action. Some non-disciplinary actions may still be public and are a form of punishment, but they don't hold the same weight as formal disciplinary actions. Your employer and potential future employers will likely not take these actions nearly as seriously in deciding whether to retain your employment or hire you as they would with disciplinary action. Non-disciplinary actions IDFPR may take include:
Administrative Warning Letter or Letter of Concern
When a nurse practitioner's conduct is suspicious or inappropriate but not to a level that violates Illinois laws or regulations, IDFPR may choose to issue an Administrative Warning Letter (AWL) or a Letter of Concern (LOC). These letters bring attention to a specific issue or conduct. They warn the nurse practitioner that their conduct is not up to par and that they should make adjustments going forward. While this is a great outcome for avoiding disciplinary action, nurse practitioners should be aware that IDFPR will have a low tolerance for any subsequent complaints filed against them.
Agreement for Care, Counseling, and Treatment
When a nurse practitioner is battling an alcohol or substance use disorder, they may be eligible to participate in a non-disciplinary alternative program; in Illinois, this program is called the Professional Assistance Program. The alternative to discipline the program offers is called an Agreement for Care, Counseling, and Treatment (CCT). There are strict eligibility requirements a nurse practitioner must meet to be considered for the program; these requirements include:
- The nurse must self-report their alcohol or substance use disorder before a formal complaint has been filed against them
- The nurse must have no prior disciplinary actions against their license related to alcohol or substance use
- The nurse cannot have been convicted of a felony or any drug or alcohol-related misdemeanor
- The nurse has acknowledged their addiction or chemical dependence
- The nurse has submitted to an alcohol and substance use assessment and is following the recommendations of the assessment
There are a number of pros and cons to consider before participating in this program. Your Lento Law Firm attorney can discuss these in further detail with you.
Non-Disciplinary Order
A non-disciplinary order imposes restrictions on the nurse practitioner that they must comply with to avoid disciplinary action. Unlike disciplinary actions, which impose restrictions on a nurse practitioner's license, such as suspension or probation, a non-disciplinary order is not publicly available.
Non-Disciplinary Fee or Administrative Fee
Non-disciplinary and administrative fees can be issued in combination with a non-disciplinary order or an agreement for care, counseling, and treatment.
Appeals
If you feel the outcome of your hearing is unjust, you have the legal right to an appeal. If you have not been represented by an attorney, specifically a Lento Law Firm attorney, it is not too late. You should not feel like all hope is lost; the Lento Law Firm Professional License Defense Team frequently obtains better results for our nurse practitioner clients on appeal. When you retain the Lento Law Firm, we will handle all aspects of your appeal in the relevant Illinois court.
Grounds for Disciplinary Action Against Your Illinois Nurse Practitioner License
A whole host of actions can result in disciplinary action against your nurse practitioner license, some administrative and some severe, resulting in harm to your patient. Common misconduct that lands nurse practitioners in hot water with IDFPR include:
- Obtaining a nurse practitioner license through means of fraud, misrepresentation, or deceit
- Documentation errors
- Falsifying of documents
- Being convicted of a crime that is a felony or misdemeanor and contains an element of dishonestly, fraud, or deceit
- Behavior that demonstrates the incapacity or incompetence to safely practice as a nurse practitioner
- Sexual abuse, misconduct, or exploitation of a patient
- Drug or alcohol use
- Failing to report the misconduct of other nurses a nurse practitioner knows or suspects to have violated the Nurse Practice Act
- Failing to report a known or suspected case of child abuse or neglect
- Violation of any rules in the Nurse Practice Act or associated regulations
Areas We Serve in Illinois
Wherever you are located in Illinois, the Lento Law Firm is here to help. Our nurse practitioner clients have come from all over the state, including Chicago, Schaumburg, Naperville, Joliet, Rockford, and more.
Retain the Lento Law Firm Professional License Defense Team
You need the best defense possible when facing disciplinary action against your Illinois nurse practitioner license. You cannot gamble your license, livelihood, and reputation. The Lento Law Firm Professional License Defense Team has helped countless Illinois nurse practitioners achieve the best possible outcomes in their cases. Retain the Lento Law Firm to fight for you; call us at 888-535-3686 or contact us online.
