Nurses working in hospitals like IU Health, Riley, Methodist, St. Vincent/Ascension, Eskenazi, Franciscan, St Vincent (86th or Carmel), Community, Reid, or any of the other hospitals in the Indianapolis metro area are committed to providing the best care to patients.
However, nurses can make mistakes for many reasons, some of which may be because of their schedules working in overbooked, understaffed, or poorly managed hospital facilities. Similarly, they may also have personal issues that affect their lives outside work.
Sadly, due to the higher ethical and moral standards required by the profession, these errors, including allegations of misconduct, violations, or brushes with the law, can threaten their nursing license, putting them in danger of losing their means of livelihood
If you're currently facing disciplinary action or have caught wind of a possible case that may lead to the suspension or withdrawal of your nursing license, you need to speak to an experienced Indianapolis metro area nursing license defense attorney at the Lento Law Firm immediately.
Call 888-535-3686 or fill out this contact form to discuss your case today.
Grounds for Disciplinary Action in an Indianapolis Metro Area Nursing Case
No matter how great you are at your job, there will be complaints from people who you've unintentionally offended or who felt you did not care properly for them. You need to understand this because chances are, this is your first disciplinary case, and you're worried.
The good news is the Indiana State Board of Nursing doesn't attend to all complaints or notices of wrongdoing. The established standards are laid out in the Indiana Health Professions Standards of Practice and the Indiana Nurse Practice Act, which clearly outline outlawed practices for nurses and other healthcare professionals.
So, if a nurse flouts or violates one or more of the following, they'll likely face disciplinary actions:
- Deception or fraud
- Crime convictions for actions adversely affecting public safety in or outside of work
- Intentional violation of board and state rules and regulations regarding healthcare practices
- Substance or alcohol abuse
- Verbal, physical, or sexual abuse of a patient
- Immoral conduct on the job
- Diversion of prescription medications
- Not fulfilling the continuing education requirements
- Continued practice even after license suspension or revocation
- Discriminating against a patient on the grounds of sexual orientation, race, or religion
- Falsification of patient information or record
- Failure to implement established patient care standards
- Patient abandonment or neglect
- Violating HIPAA confidentiality
These are some reasons why the Indiana State Nursing Board can initiate disciplinary actions against nurses in the Indianapolis metro area. It's important to note that these misconducts are disciplinary actions often broadly worded and can be open to interpretation. This means that the board may be able to find an interpretation that applies.
So, without the right legal help and defense, you may be at the mercy of the board's whims. That's not a good situation to be in. Let our experienced nursing license defense attorneys provide the necessary legal support and representation that will allow you to get a fair hearing and outcome.
Investigation Proceedings for Nursing Complaints in the Indianapolis Metro Area
According to Section 25-1-7-4 of the 2019 Indiana Code, anyone, including members of the public, patients, other agency officials, and law enforcement officials, can file complaints against a nurse with the Indiana State Board of Nursing. Upon receipt of the complaint, it's forwarded to the Indiana Professional Licensing Agency (PLA), which starts an investigation.
After the PLA receives the complaint, the director will review the complaint to see if it's valid and violates either the Nursing Act or standards of practice. Once the director determines that the complaint is valid, the nurse (defendant) will be notified of the complaint while the director commences a thorough investigation.
Once you receive the complaint notice from the PLA's director, you should immediately talk to the experienced Professional License Defense Team at the Lento Law Firm, even if you're certain of your innocence. Here's why: if the director has determined that the complaint is valid, it means that the complaint is serious enough for the agency to invest time and resources in investigating it. So, it doesn't matter if you think it's nothing serious or feel you're innocent.
Protect yourself by seeking immediate legal help. In the best-case scenario, you're right, and there's no case. But when it comes to disciplinary proceedings that can lead to license suspension or withdrawal, it's best to err on the side of caution.
Disciplinary Proceedings for Nurses in the Indianapolis Metro Area
Disciplinary proceedings of nurses in Indiana are a big deal because there are usually three agencies/entities involved:
- The board of nursing
- The state's professional licensing agency
- The office of the state attorney general
In most instances, here's what the average nursing disciplinary proceeding in Indiana looks like:
- The Board of Nursing or Consumer Protection Division (CPD) arm of the Attorney General's office receives the complaint.
- The Board sends the claims to the Professional Licensing Agency to be vetted for authenticity.
- If the complaint is made to the CPD arm of the AG's office, the agency will investigate the complaint themselves.
- If there's merit to the complaint, the director at the PLA or CPD will send a notice to the practitioner.
- The director in either agency will send the case to the Board of Nursing, giving them 30 days to resolve the case.
- If all parties are unable to reach a consent agreement or the negotiations fall through, the case will be forwarded to the AG's office.
- A formal hearing date will be set and the AG's case will appoint a hearing officer or an Administrative Law Judge (ALJ) to try the case alongside the Board.
- Once all arguments have been made, the hearing officer will recommend a sanction to the Board where necessary or resolve to close the case for lack of merit.
- The Board will communicate the resolution and Final Order to the nurse.
These disciplinary proceedings are somewhat like court sessions. You have the “prosecution” and the practitioner arguing their points to get the outcome they want. You need an experienced Indiana nursing license defense attorney to help you get a fair outcome. Otherwise, you'll just be at the mercy of the prosecution and the Board.
These disciplinary proceedings can be a delicate process. If you use one wrong word or statement, you could be on the hook, with your license threatened. To avoid this, let the Professional License Defense Team at the Lento Law Firm help you navigate this threat by deploying and utilizing the tested and tried investigatory and adjudicatory process, among other strategies.
Nursing Violations Penalties in the Indianapolis Metro
Indiana Code Section 25-1-9-9 outlines the possible disciplinary sanctions that nurses may face if they're found to have violated the Nurse Practice Act or the Standards of Practice. These include:
- Reprimand
- Probation with possible practice limits
- Fines of up to $1000 for each misconduct
- License suspension
- Mandatory participation in a board-approved rehabilitation program
- Censure
- License withdrawal or revocation
Penalties can adversely impact your ability to earn a living or practice what you love. In some instances, particularly in cases of substance and alcohol use, the board might severely limit access to patients.
Sanctions like mandatory participation in rehab programs often mean that you have to agree to a Recovery Monitoring Agreement (RMA) in your Board order that includes random drug testing. The problem with these agreements is they can be distracting for nursing practitioners and can affect their ability to care for patients properly.
The only way to ensure that you get a fair deal from the Board or the AG's office is by working with an experienced nursing license defense attorney in the Indianapolis metro area who will protect your rights and fight for a fair outcome during the disciplinary proceedings.
Consent Agreements -- Should You Offer or Accept Them?
A consent agreement is usually an option during the negotiation phase of your disciplinary proceedings. It often includes penalties that the Board thinks are right for violations or misconduct. While they're phrased to look fair or less severe, they can include terms that may negatively impact your license.
So, should you agree to a consent agreement in a bid to “make the case go away”? Well, it depends on the terms and the impact the agreement will have on your license. It also depends on whether you have the right Indianapolis metro area nursing license defense attorney fighting for you.
Here's our legal advice: don't consent to any agreement without first having our Professional License Defense Team at the Lento Law Firm look at it. While a consent agreement can seemingly save time and help you avoid the stress of a prolonged disciplinary hearing, it can severely limit your options, including the freedom to work. It can also set you up for failure with their unreasonable or harsh terms.
Alternative to Discipline Programs for Nurses
Nursing practitioners may have to attend a rehabilitation program as an alternative to more severe penalties such as license suspension or withdrawal. In the Indianapolis metro area, that program is the Indiana State Nurses Assistance Program (ISNAP). It's usually an option for nurses with alcohol or substance use issues. It's run by the Indiana Professionals Recovery Program (IPRP).
With the right consent agreement, participation in this program can serve as a less stringent penalty for nursing violations or misconduct. Nursing practitioners in the Indianapolis metro area who have drug or alcohol problems may find this to be a decent outcome compared to losing their license or not being able to work.
Depending on the Board order or consent agreement, the ISNAP can allow the nurse to continue working and earning a living while undergoing the program. In some instances, this can be a valuable part of the negotiation process if you have an experienced attorney in your corner who's fighting for you and trying to get you a fair outcome.
Criminal Convictions and Your License
While certain crimes may not affect your license, if you have been charged and convicted of felony crimes, your license may be at risk. Felony convictions, particularly due to multiple offenses, drug possession, or inflicting grievous bodily harm, may result in the suspension, withdrawal, or denial of your nursing license renewal, including:
- Illegally obtaining controlled substances
- Aggravated physical assault against a patient or any other person
- Sexual assault and related offenses
- Possession of controlled substances with intent to distribute or consume
- Illegal drug manufacturing
- Dealing in Schedule I – V drugs
- Possession of manufacturing paraphernalia for narcotics
The rationale behind the seemingly severe penalties for these crimes is that the nurse poses a significant risk to public safety and demonstrates a clear disregard for the law. Nurses that have, through their actions, engaged in activities that may cause harm to the very public they ought to be protecting and caring for.
However, if your infraction was minor or a first offense with a misdemeanor charge at best, the board may consider that when making its decision.
Do You Need to Self-Report to the Board?
Although this is a difficult thing to do, self-reporting may be necessary, depending on your circumstances. As part of your license renewal process, every nurse in the Indianapolis metro area and the state of Indiana has to answer six crucial questions targeted at determining if you have violated the Indiana Health Professionals Standards of Practice.
It is advisable to tell the truth, particularly when you consider that the board may eventually find out when they carry out a background check. Plus, it's just better to get in front of it and show your remorse and prove that you've made a full recovery where possible. Please note that if your case is related to DUIs, you would have to prove that you've been rehabilitated.
Again, consult with our Professional License Defense Team at the Lento Law Firm before self-reporting. We'll walk you through the process and provide the necessary guidance that will put you in a good light.
Get Help from an Indianapolis Metro Area Nursing License Defense Lawyer
Disciplinary actions are dangerous because a small mistake can lead to severe outcomes. Don't jeopardize your chances of earning a living doing what you love just because you think there's no case.
We've helped nurses like you get favorable outcomes from disciplinary proceedings by nursing boards like the Indiana State Board of Nursing. Let the Lento Law Firm's Professional License Defense Team help you navigate the disciplinary proceedings, provide important guidance, and protect your right to a fair hearing.
Call 888-535-3686 or fill out this contact form to discuss your case today.
