Agency nurses (also called travel nurses) are the unsung heroes of the healthcare community. When a hospital, surgical center, medical practice, senior care center, or clinic finds itself understaffed to the point of desperation, agency nurses are there to fill in the void and keep the entire operation running smoothly.
Not only are agency nurses not really appreciated by the general population, but they are often an afterthought by the medical facilities they are contracted with. Whether it's resentment for the higher compensation that travel nurses receive (due in large part to relocation) or because there is a preconceived expiration date on their employment at a particular facility, these nurses can have a difficult time fully integrating with the regular staff. It may not seem like a big deal, but unfortunately, if a complaint arises, agency nurses may find themselves without any supporters in their corner. Healthcare staff can be a tight-knit group that protects their own.
That is where the Lento Law Firm comes in. Our Professional License Defense Team is built to help nurses deal with these types of situations. We assist travel nurses in Kentucky and nationwide. Since agency nurses are often dealing with licensing boards across state lines, our large reach is a huge benefit to these cases. Whether you work in Louisville, Lexington, Bowling Green, the Greater Cincinnati area, or elsewhere — our firm wants to hear more about your case. Contact the Lento Law Firm's Professional License Defense Team today by filling out our online form or by calling 888-535-3686.
Agency Nursing in Kentucky
Agency nursing has many positives: flexibility, higher wages and stipends, seeing the country, and the underrated benefit of avoiding monotony, which help to make this a very attractive career for those with nursing licenses.
If a travel nurse is assigned to a hospital or other health care facility in Kentucky, they will first need to make sure they are properly licensed in the state. For agency nurses who already live in Kentucky and are simply moving towns or facilities, this step will require no extra work. Nurses transferring in from out of state, however, will need to look further into the licensing process. Depending on which state the nurse is coming from, there are two possible options.
Apply for a Kentucky nursing license.
This is for nurses traveling to Kentucky from one of the following states:
- California
- Connecticut
- Hawaii
- Nevada
- Oregon
If you are an agency nurse whose home base is one of these states, the process for you to gain a nursing license in Kentucky is the same as if you were moving permanently. You'll need to apply, take an exam, pay a fee, and send your transcripts. The staffing agency that employs you may be able to help you with the process, even going so far as to secure you a temporary license for last-minute assignments.
Use your existing license from your home state.
As part of the Nurse Licensure Compact (NLC), Kentucky accepts licenses from other states that have also entered into the agreement. This includes 45 out of 50 states — all except those five listed above.
While a license that covers several states may seem ideal at first glance, it implies some tricky complications if a travel nurse ends up dealing with misconduct charges. If the nursing board decided to suspend or revoke their license (after the disciplinary process had concluded, of course), what impact would that have on their ability to practice nursing back in their home state? With a single license being shared between states, how might a reprimand from the nursing board affect the nurse's ability to get work in different locations going forward? Perhaps most importantly, if an agency nurse can no longer practice in any of the 45 states participating in the NLC, what reason does the staffing agency have for keeping them employed?
These are just a few of the questions travel nurses may have if they find themselves hit with misconduct allegations in Kentucky. In all likelihood, they won't only be fighting for their future in the Bluegrass State but also for the future of their entire career as a nurse.
With so much on the line, do not try to undertake a nursing board investigation alone. You are entitled, by law, to the option of having legal representation working on your behalf. Some people may feel that hiring a lawyer will make them “look guilty,” but that couldn't be further from the truth. The Professional License Defense Team at the Lento Law Firm understands how licensing boards like to operate, and our experience and knowledge can be crucial factors in bringing your case to a satisfactory conclusion. Contact our office today for a consultation.
Who Governs Agency Nurses in Kentucky?
All nurses in the state — traveling and otherwise — are overseen by the Kentucky Board of Nursing. The board governs based on two major state laws:
- Kentucky Revised Statutes Chapter 314, also known as the Nurse Practice Act (NPA), and;
- Kentucky Title 201: Chapter 20, which details the licensing and disciplining process.
The ultimate purpose of the Kentucky Board of Nursing is to protect the safety of the general public by ensuring that they only interact with qualified nurses. This is first done at the licensing stage with credentials, school transcripts, and successful test scores. After a nurse is licensed, the board's responsibility shifts to the handling of submitted complaints that allege a nurse has not been conducting themselves to professional standards.
If you find yourself facing accusations of this sort, please know that Kentucky law gives their Board of Nursing the authority to investigate all complaints and, if found guilty of misconduct, discipline the offending nurse. The licensing board has a duty to look into each claim, so do not assume that a complaint against you will be overlooked. To protect your license, reach out to the Lento Law Firm's Professional License Defense Team as soon as you get word of any allegations. The earlier we can start working on your case, the better chance our firm has at mitigating the lasting effects on your license.
Types of Travel Nursing Licenses at Risk
No matter which type of designation an agency nurse falls under, they are at risk for discipline by the Kentucky Board of Nursing. This includes all:
- Registered Nurses (RN)
- Licensed Practical Nurses (LPN)
- Advanced Practice Registered Nurses (APRN)
- Nurse Practitioners (NP)
- Registered Nurse Anesthetists (CRNA)
- Nurse Midwifes (CNM)
- Clinical Nurse Specialists (CNS)
Licensing requirements for each designation vary. In addition, certain types of nurses may be more prone to receiving complaints (those working in stressful environments such as the Emergency Room, for example). The best way to make sure you protect yourself from licensing board discipline is, as always, to retain a qualified attorney.
What Could Be Considered Misconduct?
The Lento Law Firm understands that nursing is a difficult, fast-paced job where many crucial decisions must be made quickly and on the fly. For travel nurses, this is compounded by the fact that you are doing this in an unfamiliar environment. Despite the high-pressure nature of the job, nurses must always stay conscious of the professional standards required by all medical professionals. It can be tough!
It would be impossible to list every single action that could result in a code of conduct violation in Kentucky, but here are the broad bullet points. A travel nurse can not:
- Obtain a nursing license or credential fraudulently
- Practice nursing without a license or being fully credentialed in the state of Kentucky
- Fail to provide a patient proper care in accordance with current health care standards
- Abuse a patient, which includes physical, mental, emotional, and sexual abuse that occurs while the patient is in the nurse's care
- Violate substance laws and guidelines, such as inappropriate distribution of prescription drugs
- Be intoxicated or use drugs while acting in their capacity as a nurse
- Fail to act in a way that shows the medical competence necessary to do the job
- Falsify patient, procedure, or drug distribution records (including the failure to properly document)
- Commit fraud or theft
- Be convicted of a severe criminal offense, or a smaller offense that casts doubt on their ability to safely treat patients
- Be disciplined for professional misconduct in another jurisdiction outside of Kentucky, up to and including license suspension or revocation
In addition, Kentucky is a state that requires mandatory reporting from its nurses. This means that if a travel nurse is aware of a conduct violation that was committed (or is currently in the process of being committed), they may be disciplined by Kentucky's Board of Nursing for withholding that information. This applies to violations committed by fellow nurses and doctors, as well as the facility and organization an agency nurse is contracted with.
Then, there is the possibility of false accusations. In this day and age, people can be extra sensitive. Things you say or do — even if it is perfectly appropriate for the medical case at hand — may be misconstrued by a patient, which then leads to them filing a formal complaint with the Kentucky Board of Nursing. Even nurses with the best intentions are not immune to misunderstanding.
An even greater challenge is the fact that travel nurses are employed by the agency, not the facility. If misconduct charges are alleged against an agency nurse, the healthcare facility does not need to follow the typical termination process as it would for long-term employees. They could simply call up the agency and request a different nurse. Meanwhile, the agency nurse is left dealing with these accusations of misconduct without the support of the healthcare facility where the alleged activity occurred. Needless to say, it can be very messy and frustrating for agency nurses facing discipline and challenges to their nursing license.
If you are an agency nurse who discovers that a formal complaint against you has been filed with the Kentucky Board of Nursing, waste no time in contacting an experienced lawyer. While the Lento Law Firm can and will assist our clients at any point in the disciplinary process, we would always prefer to join the case as soon as possible. This allows us to gather facts about the incident and initiate discussions with the licensing board. Ultimately, any additional time we have leads to a higher probability of success.
The Disciplinary Process for Kentucky Agency Nurses
A healthcare facility in Kentucky may handle accusations of misconduct differently based on whether the nurse is permanent or traveling. For example, a permanent nurse may be able to continue working throughout the duration of the investigation (or be temporarily suspended if the accusations are severe). Travel nurses have no such luxury; a hospital might request a new nurse from the staffing agency the instant an inkling of misconduct arises. Regardless of the nurse's employment status, the disciplinary process relating to nursing licenses remains the same.
Once accusations have been made against you, the Kentucky Board of Nursing will review the complaint. If luck is on your side, the board might determine that there is no basis for the claim. This could be because the board feels like the complaint is outside of its scope or because the alleged violation was not significant enough to warrant corrective action.
Assuming the board decides to look further into the complaint, you will be expected to fully cooperate with their investigation. Of course, the easiest way to do this is to have the attorneys at the Lento Law Firm's Professional License Defense Team ensure that you stay compliant with any requests from the nursing board.
After the board concludes its investigation, you will be faced with a few possible outcomes, such as:
- The board dismisses the complaint due to lack of evidence.
- The board determines that the complaint has merit, but it does not require any formal discipline.
- The Board concludes that the complaint is valid but was not intentional. The board typically offers the travel nurse a “Consent Decree,” in which the nurse agrees to waive the hearing and pay a fine.
- The board decides that the complaint is accurate and requires disciplinary action. They will offer something called an “Agreed Order,” which is the equivalent of a plea deal in a criminal case. You admit fault and agree to uphold the terms of the order.
If you (and your attorney) disagree with the determination of the board, you have the right to request a formal hearing. This functions more like a courtroom trial. With your legal counsel at your side, you'll be seen by members of the Kentucky Board of Nursing and given a chance to make your case with evidence and testimony.
It should be noted that this is not a criminal case, and therefore, the oft-quoted standard of guilt needing to be “beyond a reasonable doubt” does not apply. Instead, the hearing panel needs only to decide whether your version of events has more than a fifty percent chance of being true. This is not a high threshold to meet — especially considering that the Kentucky Board of Nursing will undoubtedly have its own legal team consulting on the case.
If you are serious about retaining your nursing license, you want the Lento Law Firm in your corner. Our Professional License Defense Team is qualified and experienced with licensing boards nationwide. We can help you navigate the complex hearing process — and maybe even avoid it altogether. Reach out today to schedule a consultation.
What Does Disciplinary Action Look Like in Kentucky?
Agency nurses found guilty of professional misconduct by the Kentucky Board of Nursing will be subject to one of the following disciplinary options, depending on the severity of the charge against them:
Reprimand — An official admission of guilt by the nurse to the behaviors leveled against them in the complaint. This usually includes a monetary fine but will not likely prevent the nurse from continuing to work. For travel nurses, however, a reprimand on their record may be enough to provide a big roadblock when searching for future assignments.
Probation — Also known as a “limited license,” probation allows a nurse to continue working as long as certain conditions are met. This can include a variety of restrictions, including limitations on the medications a nurse is able to administer.
Suspension — Travel nurses whose licenses are suspended will not be able to practice nursing in any form while the suspension is in effect. This could be an amount of time predetermined by the board or until the completion of board-mandated training or treatment.
Revocation — Those who have had their licenses revoked will be permanently unable to work as a nurse, travel, or otherwise. In some cases, the nurse will be able to reapply for a new license after a certain amount of time. They will need to retake their nursing exam and meet any other criteria requested of applicants.
Keep in mind that the board has the right to deny reinstatement if they feel the nurse has not done enough to rectify their past misconduct. This could be because they've failed to complete the requirements that were stipulated by the board, or if they don't trust in the nurse's ability to keep their patients safe.
On rare occasions, the Kentucky Board of Nursing can suspend a nurse's license without initiating disciplinary proceedings at all. This is only done in the event that the board feels the nurse poses an immediate threat to the general public. The Lento Law Firm champions our client's due process rights and will do our best to give you every opportunity to make a case before any disciplinary action is taken against you.
The Lento Law Firm Defends Agency Nurses All Over Kentucky
From big city hospitals to rural medical centers, the Lento Law Firm's Professional License Defense Team can assist travel nursing clients no matter the location of your assignment (or the state you call home). Contact us if you are an agency nurse facing misconduct accusations in any of the following places:
- Ashland
- Bowling Green
- Covington
- Elizabethtown
- Florence
- Frankfort
- Georgetown
- Henderson
- Hopkinsville
- Independence
- Jeffersontown
- Lexington
- Louisville
- Nicholasville
- Owensboro
- Paducah
- Radcliff
- Richmond
The Lento Law Firm assists clients who work as travel nurses for the following medical staffing agencies:
- Advantis Medical Staffing
- AMN Healthcare
- Atlas Medstaff
- Aureus Medical Group
- Axis Medical Staffing
- Aya Healthcare
- Coast Medical Service
- Crossmed
- Epic Travel Staffing
- FlexCare Medical Staffing
- Fusion Medical Staff
- Genie Healthcare
- Host Healthcare
- Medely
- Nurses First Solutions
- RN Network
- Skyline Med Staff Nursing
- Stability Healthcare
- Supplemental Health Care
- TLC Travel Staff
- TotalMed
- Travel Nurses Across America
- Triage Staffing
There are a great deal of nurse staffing agencies that operate in Kentucky, so we can't possibly list them all. Regardless of whether your agency is local or nationwide, rest assured that the Lento Law Firm would love to discuss your case.
Retain a Premier Professional License Defense Team
Simply put, there is too much on the line for an agency nurse to face the Kentucky disciplinary process on their own. Your travel assignment could be cut short, forcing you to relocate abruptly to a place you may not find desirable so that you can have work. You might lose your job with the agency, meaning you'd have to apply to different agencies and go through another hiring process just to have the ability to take assignments. Of course, it's also possible that you could lose your license — and ultimately your career that you spent so much time working toward.
The Lento Law Firm is here to do everything in our power to ensure that the outcome you end up with is the best one available to you. Why go into an arduous and nerve-wracking disciplinary proceeding alone when you can have our experienced Professional License Defense Team put in the work on your behalf? The best decision for your future is to reach out to the Lento Law Firm today for a consultation. Contact us at 888-535-3686 or via our online form.
