Becoming a Certified Registered Nurse Anesthetist (CRNA) is a difficult and competitive career to pursue. So, when you are accused of misconduct and brought before the Iowa Board of Nursing, it can be overwhelming to figure out how to defend yourself. It is important to remember, however, that you have the right to an attorney's representation during these proceedings. You do not have to navigate them alone, nor should you.
The Iowa Board of Nursing adjudication process is not only lengthy but exhausting. Their investigation will pry into your personal and professional life, potentially harming your reputation before any sanctions are even administered. CRNAs have a high level of professional responsibility to maintain; as such, the board will make sure to punish violators effectively. Unfortunately, this means that CRNAs can be falsely accused of misconduct or unprofessionalism and face harsh consequences without real evidence to prove the board's decision.
Hiring an attorney will ensure these negative consequences do not plague your current life and future opportunities. Call 888-535-3686 today or schedule a consultation online. The Lento Law Firm Professional License Defense attorneys have the requisite knowledge and experience you need to succeed in this case.
Iowa Board of Nursing License Proceedings
According to Iowa legislation, the Iowa Board of Nursing has every right to sanction a CRNA if they discover that the CRNA has violated their code of conduct in some way. Possible sanctions include one or more of the following:
- Revoking the CRNA's license.
- Suspending the CRNA's license for a specific period of time, or until further notice from the board.
- Refusing to renew a CRNA's license.
- Placing restrictions on the CRNA's license – which can prevent them from engaging in certain nursing procedures, settings, acts, or methods.
- Placing the license under probation.
- Mandatory continuing education courses, training, and/or reexamination.
- Citations or warnings.
- Any other sanctions allowed by law that are appropriate for the particular case.
- A civil penalty of up to $1,000.
- An evaluation for physical, mental, or substance abuse.
- An alcohol or drug screening.
- Clinical competency evaluation.
In some cases, you might receive a warning for the alleged behavior before being forced to endure the entire adjudicatory process. But even if that is the case, you still need to take it as seriously as if you were issued a more serious sanction because it is going to be noted on your nursing record. This means that if you change jobs, even if you move to a new state, disciplinary action will follow you.
Disciplinary actions, even mild ones, can add a significant amount of stress to your life, impacting your mental health, reducing future job opportunities, prohibiting you from going after the career you have always dreamed of, and possibly lowering your earning power.
To prevent such harsh consequences, you must work with an experienced attorney. They will help ease your stress and shoulder the burden of defending yourself, preventing other negative consequences from taking hold in your life.
The Truth May Not Protect You from License-Related Sanctions in Iowa
Sadly, it is not uncommon for CRNAs to be accused of misconduct by malicious individuals or because of a misunderstanding with angry patients or their families. You would think that the truth would be enough to help these cases be dismissed. But many times, the board will make a mistake in their rulings because they:
- Failed to perform the requisite due diligence and didn't uncover a material fact, testimony, or piece of evidence that would have changed the outcome of the case.
- Have a bias for either the complainant, defendant, or some other third party.
- Decided to exclude a piece of evidence or testimony during the proceedings.
- Came to an incorrect conclusion based on the evidence that was available to them.
Moreover, it can be difficult for innocent CRNAs to understand that the truth, sometimes, has nothing to do with the outcome of the case. So, when they decide to defend themselves, they are losing an opportunity to ensure their defense meets the same standard as an attorney-drafted defense. Generally, when CRNAs defend themselves, they tend to be unsuccessful.
The only way to ensure your due process rights are being upheld by the board, and thus that you are not being falsely disciplined, is to work with a member of the Lento Law Firm Professional License Defense Team. Our attorneys understand what you are up against and will make sure your case is taken seriously.
Grounds for Sanctions Against CRNAs Practicing in Iowa
The Iowa Board of Nursing can investigate complaints that discuss:
- A breach of confidentiality.
- Boundary issues.
- Physical or verbal abuse.
- Sexual misconduct or abuse.
- Performing tasks outside their scope of practice.
- Neglecting patients.
- Criminal convictions for misdemeanors or felonies.
- Substance abuse issues.
- Diverting medical supplies.
- Failing an audit.
- Stealing from the patient, their family, or the medical facility.
- Misrepresentation or false documents, including applying for a CRNA license in Iowa under a fake identity or using fake diplomas from accredited programs to prove knowledge of CRNA license applications.
- Violating the Nurse license compact.
- Practicing in Iowa without a valid Iowa CRNA license (unless it falls under a specific exclusion).
When a CRNA in Iowa commits one of the actions listed above, the board will punish them. Being punished in such a way will impact your livelihood and should be fought against at all costs.
In some cases, though, the board will refuse to adjudicate a complaint because it does not have the power to regulate the individual. These complaints typically include:
- Unlicensed individuals who are claiming to be a nurse or CRNA.
- Nursing Assistants, Certified Medication Aides, or Nurse Aides.
- Unlicensed personnel, like Medical Assistants and Residential Care Workers.
- Labor or personnel issues, like how many hours the CRNA is working, whether their employer owes them pay, or if the employer has staffing issues.
The Adjudication Process for CRNA Licensing Issues in Iowa
To begin the CRNA license disciplinary process, someone must first report the CRNA. Reports can be made by the CRNA's employer, a patient or their family member, law enforcement, and the CRNA themselves. The complaint can either be mailed in or completed on the relevant website.
Typically, complaints like this will come out of certain situations, like:
- Issues relating to your nursing career.
- Your nursing history in Iowa and other states.
- Your behavior outside of work.
- Interactions with patients, colleagues, or supervisors.
- Your CNA license application – or reapplication, including your background information or how you presented your qualifications.
For instance, if you changed your name after being issued your CRNA license, you must register the new name with the Board of Nursing or risk being accused of lying on your application and using a false name. Another example of conduct that could lead to a professional sanction might be going to a nightclub after work and using cocaine while your boss is also there, or a patient's family member, and they see what happened and report it to your superior, you could be punished even though you weren't working.
The complaining party will need to include as much of the following information on their complaint:
- Their name, address, and telephone number.
- The CRNA's name, address, telephone number, and email address, as well as their license number.
- The patient involved and their address and telephone numbers.
- The medical facility where the CRNA works.
- A record of what happened and the date and time it occurred.
- The names of any witnesses.
Once the board receives this information, they will launch a preliminary investigation, which might include reaching out to the complainant and the CRNA to discuss the alleged incident. The board will review this information and decide if a hearing should be scheduled, and if so, when, and give the CRNA legal notice of the date and time.
Alternatively, some parties may decide to forgo the hearing process and instead enter into informal settlement agreement discussions. If they come up with a settlement agreement during these discussions, they do not need to continue with the formal hearing.
If the complainant does not wish to pursue a settlement agreement, a hearing will be scheduled, during which the board will review the complaints and investigative findings. When finished, they will decide if the case should be:
- Closed without further action.
- Closed, but the CRNA receives a confidential letter of warning or letter of education.
- Investigated further and/or peer-reviewed.
- Pursued because they have probable cause – and thus issue a notice of hearing and statement of charges, or endorse a combined statement of charges and settlement agreement.
When cases are referred to peer review for evaluation of the services the CRNA provided, the peer reviewers will review the case and investigative information to determine responsibility and, if necessary, any applicable sanctions. They will provide this decision to the board in writing.
Whatever this decision is, it can be appealed to the executive director of the board of nursing within 10 days after receiving the decision. And if the idea of filing an appeal seems overwhelming after having defended yourself during the hearing, our attorneys can help shoulder that burden for you. Moreover, if you decide to defend yourself and are unsuccessful, this is a good time to hire an experienced attorney. Your appeal is your last line of defense against misconduct accusations. You do not want to waste it. Let a Lento Law Firm help.
We Serve CRNAs Employed by Medical Providers Throughout Iowa
Disciplinary actions can influence every aspect of your life, which is why it is so important to build a strategic defense against these accusations. The Lento Law Firm Professional License Defense Team has helped CRNAs employed throughout Iowa, including individuals at large medical facilities like:
- University of Iowa Hospitals and Clinics (Iowa City)
- MercyOnes Des Moines Medical Center
- UnityPoint Health-Iowa Methodist Medical Center (Des Moines)
- UnityPoint Health-St. Luke's Hospital (Cedar Rapids)
- Boone County Hospital
- CHI Healthy Mercy Council Bluffs
- Genesis Medical Center-Davenport-West Central Park
If your employer is not listed above, don't fret; our team can still help.
Call the Lento Law Firm's Professional License Defense Team Today to Discuss How We Can Prevent Your CRNA License Sanctions in Iowa
Being suspected of misconduct by the Iowa Board of Nursing is scary. Not only is your career on the line but so is every other aspect of your life. When CRNAs are found responsible for misconduct and subsequently sanctioned, it can harm their reputation, pushing them to seek employment at another medical facility, potentially in another state. Additionally, if a CRNA's license is revoked, suspended, or restricted, it will impact their employment. They could be fired, forced to leave their jobs, or prevented from working certain hours and without direct supervision. And any of these consequences can greatly impact a person's mental health.
If you or someone you love is being investigated by the Iowa Board of Nursing, Lento Law Firm can help. Our Professional License Defense Team has years of experience helping Certified Registered Nurse Anesthetists all over the country, including Iowa. They will work tirelessly to review the allegations against you, collect evidence and witness testimony to support you and craft a strategic defense that is sure to guarantee the best possible outcome for your case.
More importantly, you won't have to navigate these issues alone. Time and again, professionals try to endure these proceedings without the guidance and counsel of a knowledgeable attorney and end up losing their defense. Lento Law Firm is known for its fighting spirit and vast experience, which it will leverage during negotiations, settlement agreements, and administrative hearings, as well as appeals.
For more information on how we can help, call the Lento Law Firm today at 888-535-3686 or schedule a consultation online.
