Being a nurse practitioner in Indiana is a huge accomplishment. You have spent numerous years in higher education and countless dollars to reach your career goal of becoming an Indiana nurse practitioner. You offer an invaluable service to your community, always putting the needs of your patients above your own. You work long hours, meeting extreme physical and emotional demands, often without thanks from patients and their families. When you have dedicated yourself to your career, it can be shocking to learn that a complaint has been filed against you and your nurse practitioner license.
Likely, you are full of emotions and unsure how to proceed. The Lento Law Firm Professional License Defense Team is here to guide you through the disciplinary process. In your case, we do everything from start to finish, from responding to complaints to filing appeals. Our Professional License Defense Team will do everything in our power to ensure your rights are protected, your stress through the process is limited, and you obtain the best possible outcome, preserving your nurse practitioner license. To learn how the Lento Law Firm can help you, call 888-535-3686 or contact us online.
Indiana Nurse Practitioner Regulatory Body
The Indiana Nursing Board, housed in the Indiana Professional Licensing Agency, deals with all things related to nurse practitioners. They set the licensure and educational requirements, formulate and implement regulations and practice standards, and address complaints alleging nurse practitioner misconduct. The Nursing Board is comprised of nine members located throughout the state, the majority of whom hold some type of Indiana nursing license. The Nursing Board has assistance from the broader Professional Licensing Agency and Indiana Administrative Law Judges, as will be discussed further below.
Indiana Nurse Practitioner Disciplinary Action Process
In Indiana, the disciplinary process for all licensed professionals in the state is called "license litigation." While cases will all be handled slightly differently and can have a variety of outcomes, the disciplinary process typically follows this trajectory:
Complaint
There are a few ways that complaints get filed against nurse practitioners. When a member of the public, generally a patient or their family, wants to file a complaint against a nurse practitioner, they will file a complaint with the Indiana Attorney General's Office Consumer Protection Division. Unlike other states where complaints against a nurse practitioner will go to a licensing division or nursing board that only covers licensed professionals, the Consumer Protection Division covers complaints against individuals and businesses relating to any product sold or service offered in the state.
Colleagues or employers may also make complaints about the nurse practitioner. The Nursing Board may also uncover misconduct through routine checks of a nurse practitioner's place of employment or the nurse's license renewal application.
Administrative Complaint
When a valid complaint is filed alleging a violation of relevant nursing laws, regulations, and professional and ethical standards, the Attorney General will file an administrative complaint with the Nursing Board. The administrative complaint will list the State of Indiana and the Attorney General as the petitioner (which just means they are the person or entity initiating the complaint). The complaint will detail the nurse practitioner's alleged misconduct and the law, regulation, or standard they are accused of violating. When a complaint is filed against you, you can respond affirmatively (admitting guilt) or negatively (refuting the allegations).
In some situations, before the administrative complaint is filed, the Attorney General may file a complaint for summary suspension, also called an emergency suspension. This type of complaint is only appropriate when the nurse practitioner presents a clear and immediate danger to public health and safety if they are permitted to continue practicing. Summary or emergency suspensions are in effect for 90 days after issuance.
Negotiations
Your Lento Law Firm attorney can negotiate with the Nursing Board to reach a settlement agreement that avoids further participation in the disciplinary process. Often, negotiations will require you to affirmatively respond to the allegations against you and work with the Nursing Board to agree on a suitable punishment, which could be a non-disciplinary or disciplinary action, depending on the nature of your case. The Lento Law Firm Professional License Defense Team is well-versed in Nursing Board negotiations and will fight to get you the best settlement agreement possible.
Investigation
If you do not respond to the Nursing Board with an affirmative answer and refute the allegations, it will proceed with an investigation. An investigation will include interviewing you and other relevant parties and collecting evidence. Your Lento Law Firm will be with you every step of the way to ensure the investigation does not violate your rights and that you represent yourself to the Board in the best possible light.
Hearing
Hearings are held before the Nursing Board or an Administrative Law Judge appointed by the Nursing Board. During the hearing, both your Lento Law Firm and the Attorney General will present their case, including examining and cross-examining witnesses and putting forth evidence supporting their argument. A hearing is not a formal court proceeding but looks much like one. Just as you would never go into court without attorney representation, you should not go into a hearing without the Lento Law Firm's legal representation.
When the hearing ends, the Nursing Board or the Administrative Law Judge will deliberate and draft its findings of fact, conclusions of law, and decision on disciplinary action. Suppose an Administrative Law Judge has presided over the hearing; in that case, its documents will go to the Nursing Board, ultimately deciding the disciplinary action against the nurse practitioner.
Determinations
If the Board takes disciplinary action against your Indian nurse practitioner license, the Indiana Professional Licensing Agency will input the action into a public Indiana professional license disciplinary action database on its website. There are many actions the Board may take in response to the complaint against you. The possible outcomes of your case are as follows:
Dismissal
If the allegations in the complaint cannot be substantiated, the case will be dismissed.
Censure/Reprimand
A censure or reprimand is a disciplinary action that solely affects the nurse practitioner's license. It puts a note on the nurse practitioner's record that it disapproves of the behavior the nurse practitioner participated in. A censure or reprimand does not impact the nurse practitioner's practice privileges.
Probation
Probation allows the nurse practitioner to continue practicing with limitations on their license. For example, there may be certain responsibilities they cannot conduct without a supervisor or additional training or requirements they must participate in to eventually restore their license to good standing.
Suspension
Suspension takes away a nurse practitioner's practice privileges for a period of time in which they must meet certain requirements to reinstate their license to good standing. Suspension will generally be followed by probation before the nurse practitioner can lift all license restrictions.
Revocation
Revocation is the permanent loss of the nurse practitioner's license. After waiting a minimum of seven years from the date of their license revocation, the nurse practitioner may apply for a new license.
Fines
The Board has the authority to issue fines of up to $1,000 for each substantiated violation. Fines can be issued in conjunction with other disciplinary action.
Participation in an Alternative to Disciplinary Action Program
Some nurse practitioners facing alcohol or substance use disorders may have the option to participate in an alternative to discipline program, the Indiana State Nursing Assistance Program. Under this program, the Nursing Board or the Office of the Attorney General can make an agency referral or mandatory admission for a nurse practitioner to participate in the program. These types of referrals are called regulatory referrals, under which participation is mandatory as a condition of your suspension or probation for your license to be reinstated.
A nurse practitioner may also self-report their issue and enter into a self-referral or voluntary admission. There are strict eligibility requirements to enter the program, which your Lento Law Firm attorney can review with you. Participation in the Indiana State Nursing Assistance Program may be a good option for you if rehabilitation from an alcohol or substance use disorder is your top priority and you feel your disorder is impacting your ability to practice. There are a variety of risks and benefits associated with the program; your Lento Law Firm attorney has experience with clients who have gone through the program. Our Professional License Defense Team can share the pros and cons with you to ensure you make an informed decision regarding participation.
License Reinstatement
If your license has been placed on probation or suspended, you must request a license reinstatement. Your license will not be automatically reinstated once your probationary or suspension period ends. Reinstatements must be submitted in writing. Once the Board receives your request, it will schedule a hearing. Unfortunately, the Board has no obligation to schedule the hearing in a timely manner, and it isn't uncommon for the hearing to occur several months after your request has been submitted.
The Board will have 90 days following the hearing to issue an order either reinstating your license or denying reinstatement. If you participated in the Indiana State Nursing Assistance Program, you will have additional paperwork requirements for reinstatement. The reinstatement process is complex, and you can be rejected or delayed based on the tiniest administrative mistakes, such as forgetting to sign in for your hearing. Your Lento Law Firm attorney can help you through the reinstatement process and ensure you meet all the requirements necessary for a smooth process.
Appeals
If you feel the Board has taken an inappropriate disciplinary action against you and your Indiana nurse practitioner license, you are legally entitled to appeal its decision. Appeals are formal court proceedings, and you should absolutely have an attorney representing you. Do not be discouraged if you have not been working with an attorney through the disciplinary process this far. The Lento Law Firm Professional Defense Team frequently takes on cases at the appeals stage. We have helped numerous nurse practitioner clients in Indiana obtain better results on appeal. Contacting the Lento Law Firm immediately is crucial; you have a short window of time after the Board's disciplinary action decision to file an appeal, and you waive your right to an appeal if that deadline passes.
Grounds for Disciplinary Action Against Your Indiana Nurse Practitioner License
There are a number of actions that can lead a nurse practitioner to face disciplinary action, from administrative to criminal. Grounds for disciplinary action against your Indiana nurse practitioner license include:
- A nurse practitioner has used fraud or deception to obtain their license
- Conviction of a drug-related crime, including possession of illegal drugs or controlled substances
- Continued practice despite becoming unfit for practice, for example, through mental or physical disability or drug or alcohol impairment
- Drug diversion
- Practicing outside the scope of their license or training
- Engaging in sexual conduct with a patient
- Failure to report suspected child abuse under mandatory reporting requirements
- Failure to report disciplinary action against their out-of-state nurse practitioner license
Areas We Serve in Indiana
The Lento Law Firm Professional License Defense Team serves nurse practitioners throughout Indiana. While many of our clients come from the more populated areas, such as Indianapolis, Fort Wayne, Evansville, and South Bend, we will represent you wherever you are in the state. Our nurse practitioner clients have worked in various healthcare settings, from small doctor's offices to large healthcare systems, including Indiana University Health, Community Health Network, and Parkview Health Community Physicians Network.
Retain the Lento Law Firm Professional License Defense Team
The disciplinary process against your Indiana nurse practitioner license can be a long and stressful battle, but you never have to go in it alone. The Lento Law Firm Professional License Defense Team will fight for your rights and license. We have helped countless Indiana nurse practitioners facing disciplinary action and are well-versed in all things related to the disciplinary process. Retain the Lento Law Firm today by calling us at 888-535-3686 or contact us online.
