No matter how many years of dutiful service you've put into your nursing career, your license can be taken from you in a relatively short period of time. The Kansas State Board of Nursing (KSBN) holds ultimate authority over nurses' ability to practice, so take their disciplinary process as seriously as you take your career.
Due process is not always a given. Once the formal disciplinary process starts, it can proceed at a breakneck pace. Don't resist the forward momentum; instead, retain an attorney from the Lento Law Firm Professional License Defense Team as soon as possible.
You do not have time to learn effective license defense techniques on the fly. With your reputation, license, and livelihood on the line, turn to a team with years of experience fighting for nurses. Call the Lento Law Firm today at 888-535-3686 or contact us online to learn more about how we will demand due process, shield you from the stress of the disciplinary process, and fight for the most advantageous outcome available.
Unfamiliar with the KSBN's Disciplinary Process? Here Are a Few Honest Truths to Weigh Carefully
One of the most troublesome aspects of the nurse license discipline process is that most nurses are utterly unfamiliar with it. Before we provide greater detail about how the KSBN handles disciplinary proceedings, let's set the stage by pointing out that:
- The KSBN does discipline nurses, even publishing disciplinary results online—this is no bluff, and you must take proceedings seriously
- No matter what relationships you may have in the nursing community in Wichita, Arkansas City, or whatever other community you work in, the KSBN will evaluate your case on its merits
- You may face immediate pressure to sign an agreement that requires you to admit wrongdoing (we urge you to retain an attorney from the Lento Law Firm before doing so)
- The disciplinary process can come out of the blue and move forward rapidly, and you should not let this whirlwind paralyze you—Retain our Professional License Defense Team so we can make sense of a complex process today
The KSBN clearly states that its role is to protect the citizens of Kansas. If the Board decides that practicing as a nurse poses a danger to those citizens, it will not hesitate to take away your license or impose other serious sanctions.
The Formal Discipline Process as Defined by the Kansas State Board of Nursing
The Lento Law Firm feels strongly that nurses should be empowered. When it comes to defending your license, knowledge about the disciplinary process can be powerful, so let us share with you the KSBN's description of the formal discipline process:
- First, you receive either a Summary Order or a petition: These are the two ways nurses in Wichita, Arkansas City, Winfield, or anywhere else in Kansas are notified of disciplinary proceedings. Both documents should state the facts of alleged wrongdoing and the law that justified legal action against your license.
- Next, you request a hearing: If you do not, the KSBN may make a judgment without granting you the opportunity to plead your case. The hearing date must work for you, and our team will request any necessary continuance if there is a conflict.
- Then, the hearing takes place: The following section of this article provides further detail about how KSBN conducts its disciplinary hearings. No step in your defense is more important than the hearing, though we consider every detail of your defense critical.
- The hearing officer or panel renders a decision: The decision makers will present a written order detailing findings of fact and any sanctions the officer or panel deems appropriate.
- Lastly, you can appeal any adverse decision: This is a step the Lento Law Firm Team seeks to avoid by persuading the KSBN to render the right decision following the hearing. However, many nurses' licenses have been saved through effective appeals. If the KSBN does not issue the proper decision in response to your appeal, we can appeal to the appropriate District Court. Appealing to the Court of Appeals or the Kansas Supreme Court is the final recourse for reversing sanctions against a nursing license.
The Kansas Nurse Practice Act (KNPA) establishes expectations for all nurses in Wichita and throughout the state. Our attorneys know this document and will cite its tenets whenever they benefit your defense.
Whether you practice (or practiced) at Ascension Via Christi, SCK Health, William Newton Hospital, Wesley Medical Center, or any other facility in the area, the disciplinary process should look like this.
What You Need to Know About KSBN Disciplinary Hearings
Since hearings are a critical juncture in the disciplinary process, it's worth looking closer at the steps in the hearing process.
Preparation
Most nurses we represent have little idea about what KSBN hearings entail, so we:
- Explain to nurses what hearings entail
- Calm their nerves by assuring them that we will lead the hearing process on their behalf
- Answer any questions the nurse has about the hearing
- Explain all options they have outside of a hearing, including an informal resolution
KSBN literature notes that “each party can require witnesses to appear and testify,” and we will ensure you are totally prepared if you will face questions during the hearing.
Discovery
During discovery, we have the right to request documents, statements, evidence, and information from parties involved in disciplinary proceedings. An effective discovery strategy can clarify our hearing strategy, reduce the likelihood of unwanted surprises, and make us more effective in our defense efforts.
We Find Out Who Will Preside Over Your Hearing
Your hearing may be run by:
- The entire Kansas State Board of Nursing
- A panel consisting of a few KSBN members
- A hearing officer appointed by the KSBN
There is always an element of unpredictability in these hearings, as humans run them with unpredictable temperaments, personalities, and decision-making processes. The Lento Law Firm Team will gather as much information as possible about who will preside over your hearing, and we may even adapt our strategy based on who will be hearing your case.
The Hearing Takes Place
During the hearing itself, we will:
- Present and question any witnesses whose testimony may benefit your defense
- Cross-examine witnesses whose testimony is generally unfavorable to your case
- Submit any exhibits that aid in your defense
- Present all relevant written and oral evidence
- Make opening and closing statements as permitted
We thrive in presenting compelling narratives. Each piece of evidence and witness testimony will build towards our broader defense strategy. At the same time, we will seek to undermine any testimony, evidence, or exhibits presented by those seeking sanctions against you.
We Get the Decision
Because our attorneys put in the work during the preparation and discovery stages, hearing officers often rule in our client's favor. That being said, we know that the KSBN does not always make the right decision. Though we will be confident in helping you avoid sanctions through an effective hearing performance, we will be ready to launch your appeal right away if necessary.
We Appeal, If Necessary
We will initiate any necessary appeal as soon as possible. Our attorneys understand the many grounds for appeal, and we will be ready to fight your case at the highest court that will hear it. Though appeals are not ideal, they exist as an option for good reason—they can lead to the reversal of an improper sanction.
Whether we are representing nurses who work in Derby, Andover, Newton, Haysville, Wichita, Arkansas City, or anywhere else in Kansas, we rise to the bright lights of hearings. These can be sweat-inducing proceedings, especially for nurses who have never encountered the disciplinary process. Let the Lento Law Firm guide you through.
Informal Resolutions Are Appropriate in Some Nurse License Defense Cases
Each nurse we represent faces unique allegations. In some cases, a nurse has admitted to making a mistake and is willing to consider a deal. The Lento Law Firm does what is best for our clients, empowering them to weigh their options and assist us in identifying the right strategy.
If you want to fight baseless allegations of wrongdoing, we will fight through the very last stage in the appeals process, if necessary. On the other hand, you might instruct us to explore potential informal resolutions if:
- You have already admitted wrongdoing
- Evidence against you would make it difficult to secure a favorable ruling through a hearing (though we are always willing to fight for clients who want us to)
- You feel that accepting a certain outcome is preferable to a potentially harsher sanction following a hearing
- The stress of proceeding to a hearing is more than you're willing to bear
To be clear, our Professional License Defense Team will make fighting far easier. We will do as much of the fighting for you as possible. That being said, each client faces their own challenges and has their own perspective. While we will advise you and stress our willingness to fight, we want you to have a prominent voice in how we resolve your case.
Due Process Guaranteed to You By Kansas Law (and Also Ensured by the Lento Law Firm)
Nurses have several guaranteed rights when defending their licenses. However, it's your obligation to insist upon due process, as disciplinary bodies may not think twice about violating nurses' rights—particularly when those bodies have already decided that a nurse committed a violation.
The Lento Law Firm Team will enforce your rights without compromise, including by:
- Requesting a continuance of the KSBN's hearing date if it will place you at a disadvantage (or you are not able to appear on that date)
- Taking full advantage of your right to discovery, as this ensures that you are not at a disadvantage during the hearing
- Accompanying you to all disciplinary proceedings (and, most critically, the hearing in which you are entitled to an attorney's representation)
- Exercising your right to appeal if we need to
We will also ensure that nobody pressures you to accept responsibility for the allegation(s) against you. Your attorney from our Professional License Defense Team will be your proxy, and we will serve as the barrier between anyone who is overly eager to see your license sanctioned.
There Is No Such Thing as a Minor Allegation of Wrongdoing in the Nursing Sector
Anybody—even nurses who go above and beyond to care for clients the right way—can become the subject of disciplinary proceedings. Even if you know that allegations are baseless, misrepresented, or exaggerated, you cannot dismiss the possibility of:
- Permanent revocation of your license
- A lengthy license suspension
- Limitations of your nursing abilities
- A formal reprimand
- A stayed suspension
- Other sanctions that may have both an immediate and long-term impact
When you face professional sanctions, a domino effect may be inevitable. You may earn less, not be able to pay bills, suffer psychologically and emotionally, and see your nursing career stagnate or regress. Let us fight to spare you from these and other negative effects of license sanctions.
Our history of defending nurses' licenses in Kansas makes us familiar with providers like Kansas Heart Hospital, Presbyterian Manors of Mid-America, Winfield Rest Haven, Rock Regional Hospital, and many others in the Wichita area. Understanding the local healthcare landscape can benefit us in various ways during the license defense process, as it helps us contextualize the allegations our clients face.
Call the Lento Law Firm Today to Take the Next Steps in Your License Defense—The Stakes Are Too High to Go It Alone
Nursing can be among the most fulfilling careers, and losing your ability to practice may devastate you beyond the financial repercussions. The monetary cost of being unable to work in an unlimited capacity certainly hurts, too.
If you're facing formal discipline, there is no time to spare to craft your defense. Call the Lento Law Firm today at 888-535-3686 or contact us online to learn more about our background defending nurses in Kansas (and nationwide) and how we can help you today.
