A number of hospitals and medical facilities in the US use temporary ‘agency nurses' – nurses who are employed or contracted by an agency and hired out temporarily – to supplement existing nursing staff. Agency nurses often end up traveling to different parts of the country and working for medical facilities on short-term contracts.
With understaffing being common, hospitals often rely on agency nurses to plug gaps. This is especially true in Maine, where the shortage of nursing staff is a frequent issue. However, medical organizations don't always have agency nurses' backs in the event of a patient complaint or investigation. When an agency nurse has a complaint registered against them, or is subjected to an investigation, the medical facility will usually try to distance themselves from the issue by terminating their contract with the nurse. The agency may also fire the nurse and refuse to get involved or provide any support to help the nurse deal with the legal consequences they may be facing. Complaints may also result in the nurse's license being suspended or revoked, causing distress, harming their reputation, and hurting their professional career.
If you find yourself being faced with a complaint, an investigation, or any threat to your career or license, the best course of action is to retain professional legal counsel. The nationwide Professional License Defense Team at the Lento Law Firm can help you at every step of the way – from nipping the issue in the bud if the complaint is unwarranted, to representing you at formal hearings and appeals, and even negotiating with the board on your behalf. Call the Lento Law Firm at 888-535-3686 or tell us about your issue online.
License Issues Pertaining to Agency Nurses
Agency nurses work tirelessly in hospitals, and other healthcare facilities, for the wellbeing, health, and safety of their patients. They are often hired when a facility is undergoing a staff shortage, and end up quickly having to adapt to new work environments, and often work in short-staffed and busy environments.
Yet, despite their dedication and hard work, they tend to be at higher risk of facing professional license issues and complaints than nurses who are permanent hires. Issues that can lead to complaints may include misunderstandings in communication with patients or other staff, patient grievances, inaccurate representation of one's qualifications by the agency, or more.
Even if the agency makes a mistake or misrepresents your qualifications and experience to a medical facility, you will still be held responsible for it. Additionally, agencies and medical facilities alike tend to want to steer clear of nursing professionals who have been involved in licensing issues.
Having a complaint filed against you could be disastrous and could prevent you from working as an agency nurse in the future. If any issue involving your professional conduct or license crops up, reach out to the Lento Law Firm immediately. Our team of experienced attorneys can help you understand how serious the charges against you are, resolve any misunderstandings that may have led to a complaint, and help you navigate the board disciplinary system. Once an issue has been registered with the board, it is no longer a simple matter of speaking with the parties involved and resolving the issue. Having a complaint filed against you with the board is a serious legal matter and can result in sanctions such as mandatory retraining or re-examination, refusal to renew your license, or suspension and revocation of your license.
Do not let your career be threatened by a stray complaint. Consult the Lento Law Firm as soon as possible. Call us at 888-535-3686 or tell us about your issue.
Professional Licensure and Maine Law
All states have their own nursing boards, or other bodies, governing the issuance, reissuance, reinstation, and suspension or revocation of nursing licenses. There are minor differences in the disciplinary procedures and forms of censure each state nursing board may impose on licensees.
In Maine, the Maine Board of Nursing governs professional nursing licenses. The Board also deals with any complaints made against nursing professionals and decides what form of sanction to impose. Based on the complaint, the response from the licensee, any evidence presented, and the decision of the board members, they may decide to impose any of the following sanctions.
- Warning (a warning may state that failure to cease specific behavior could result in further sanctions)
- Censure or reprimand (a more formal statement expressing disapproval regarding certain behavior)
- Civil penalty or fine
- Mandatory retraining (in cases involving incompetence, the nurse may be required to retrain or undergo re-examination)
- Probation (a predefined period where the nurse is under supervision or observation)
- Suspension of license (temporary removal of the nurse's right to practice)
- Revocation of license (permanent removal of the license)
Sanctions don't just temporarily disrupt your career; they may permanently hurt your record and be publicly available for potential patients and employers to look up.
When Should You Seek Professional Legal Counsel?
If you have been notified of a formal complaint being filed against you, you must act immediately and seek legal counsel. Having a complaint filed against you with the Maine Board of Nursing is not something to be taken lightly and can threaten your entire career. The consequences can range from a formal reprimand, mandatory retraining, temporary suspension of license, rehabilitation or remediation, or even a permanent loss of professional license.
The earlier you bring a Lento Law Firm attorney on board, the better equipped they are to push for a positive outcome in your disciplinary case and help you avoid severe sanctions. We have helped nurses with licensure issues nationwide and can help you protect your license.
Our nationwide Professional Defense License Team can help you formulate responses to the charges against you, so you can defend yourself well and prevent the case from escalating to a formal hearing. If you do end up faced with a formal hearing, our attorneys can represent you and fight for the best possible outcome. They can also help you understand if you should appeal the decision, and help you put together a strong appeal strategy.
Many nurses do not realize they need legal help until their licenses are suspended. The best time to seek professional legal counsel is now. Call the Lento Law Firm at 888-535-3686 or use this form to tell us about your issue.
Common Forms of Misconduct That Will Invite Censure
Although patients and other individuals can file a complaint against their nursing professionals for any reason, there are common issues that the Maine Board of Nursing takes seriously and classifies as misconduct. The consequences for misconduct can be a formal warning or reprimand, rehabilitation (in cases involving drug-abuse), mandatory retraining, suspension or revocation of your professional license.
Nursing misconduct is often divided into the following categories:
- Practice-Related Misconduct: Failing to follow the required standard of care, omitting to properly note changes in condition or treatment administered, and failing to properly administer drugs to their patients, are all examples of practice-related misconduct.
- Drug-Related Complaints: Being intoxicated while at work, misappropriating or stealing medical drugs, administering the wrong drugs or quantities to patients, or obtaining drugs under false pretenses, are all examples of drug-related complaints.
- Boundary Violation: If a nurse encourages an inappropriate relationship with a patient, or tries to obtain money or other favors from a patient, this is classified as a boundary violation.
- Sexual Misconduct: Nurses sexually assaulting patients or initiating an inappropriate sexual relationship with a patient counts as sexual misconduct.
- Abuse: If a nurse physically strikes a patient, threatens them, or verbally assaults them, it constitutes abuse and is classified as misconduct. Additionally, any form of gross negligence, such as recklessly prescribing medication, prescribing the wrong medication, or prescribing treatment or medication outside the limits of one's license, may also attract a fine or stricter sanctions.
- Fraud: Fraud occurs when a nurse submits inaccurate billing or treatment records, wrongly claims that the patient received treatment they did not receive, lies about the number of hours worked, or wrongly makes a claim about billing, treatment, or other important information. Fraud can also occur when a nurse obtains a license under false pretenses or falsifies information while applying for a license.
- Prior Convictions or Positive Criminal Background Check: If a nurse fails to disclose past or present criminal charges or convictions against them, they may be sanctioned. In Maine, this includes but isn't limited to, driving while intoxicated, crimes relating to their profession, crimes of moral turpitude, substance abuse, and more.
- Violating Patient Confidentiality: Sharing confidential patient data with any individual or organization that isn't authorized to access this data is also considered misconduct and may attract censure or sanctions.
This list isn't exhaustive, and a complaint can be filed against a nursing professional for any form of misconduct. More information about misconduct and expected conduct can be found in the American Nursers Association Code of Ethics.
Professional License Disciplinary Process in Maine
The Maine Board of Nursing oversees issues relating to professional nursing licenses, complaints, malpractice, misconduct, and other issues related to nursing. They handle issuing, renewing, and suspending or revoking nursing licenses as necessary. Nurses in Maine must apply for a license or license renewal at the Maine Board of Nursing website. The board also deals with any complaints made against nurses by patients, patients' families, doctors, other medical professionals, or anyone else. Based on their findings, they decide if the complaint is warranted and what sanctions, if any, must be imposed.
Who Can Make Complaints to The Licensing Board?
Anyone can make a formal complaint about a medical professional – including nurses – to the licensing board. Complaints are usually made by patients, co-workers, clients, employers, external vendors, or patients' friends and family.
Do not attempt to reach out to the complainant or sort out the issue directly. Once they have submitted a complaint and the license board is involved, it is between you and the license board. Attempting to contact a complainant about their complaint against you or a colleague may be seen as further misconduct.
Complaint and Initiation of Action
Disciplinary or investigative proceedings are initiated once someone makes a formal, written complaint with the Maine Board of Nursing. The first step is to notify the licensee of the complaint against them, which is done within 60 days of the submission of the complaint.
The licensee is required to respond to the complaint within 30 days. If they are able to provide a satisfactory response, and if the Board of Nursing is satisfied that the complaint does not merit any action, they may choose to dismiss the complaint.
Further Disciplinary Proceedings – Maine Board of Nursing
If the Maine Board of Nursing decides to pursue further action against the licensee, they may request an informal conference. The licensee will be given adequate notice of the conference and the issues involved. The licensee may be accompanied by two people at this informal conference, including legal counsel.
If you have been invited to an informal conference, it is important to understand the seriousness of the situation. The outcome of this conference could determine whether you retain your nursing license or not. Having an attorney from the Lento Law Firm with you can help make sure you put up a strong defense and bring to light any mitigating circumstances or reasons for your conduct. An experienced attorney can help you draft responses to the charges against you, gather evidence and testimony in your favor, and even negotiate with the board on your behalf.
Do not put your career in jeopardy. Get in touch with the Lento Law Firm by calling us at 888-535-3686 or filling out this online form.
Sanctions
Based on what the board hears from the complainant and licensee at this informal conference, they will decide if sanctions need to be imposed. Any statement made at this conference may not be referred to at subsequent hearings unless all parties agree.
Based on the severity of the complaint and the conduct, the board may impose any of the following sanctions:
- Warning, Censure, or Reprimand: A formal warning or reprimand may be issued, indicating disapproval of a nurse's conduct. If the behavior in question continues, a warning may escalate to more serious sanctions.
- Consent Agreement: This is an agreement that the licensee agrees to, where they accept the misconduct allegations against them and are subjected to a period of probation.According to the Maine Board of Nursing, ‘a consent agreement may be used to terminate a complaint investigation'.
- Alternative to Discipline: The board may agree to let the licensee retain their license if they submit to a rehabilitation, remediation, or retraining program, depending on the complaint against them.
- Suspension or Revocation of License: If the board is unable to come to a satisfactory agreement with the nursing professional, they will recommend a formal hearing, where the evidence and facts of the case shall be examined in the presence of the nurse and their representative or attorney.Depending on the seriousness of the complaint and evidence against the licensee, they may choose to suspend or revoke a license.
Any sanction imposed can be entered into the Nursys database run by the National Council of State Boards of Nursing (NCSBN). Although, alternatives to discipline programs usually do not go on the nurse's record. Anyone with access to the database can look up a nurse's license status and disciplinary history. Moreover, since Maine is part of the Nurse Licensure Compact (NLC), losing your license in Maine could also mean you lose your right to practice in other NLC-compliant states.
What is a Consent or Settlement Decree?
One of the possible outcomes of an initial conference is a consent or settlement agreement, which is a legally binding document that the licensee agrees to. This document lays out a negotiated plan of action or penalty that the licensee has agreed to. A consent decree allows the licensee to avoid further penal action and result in a satisfactory culmination of the charges against them.
Consent agreements are common, as they prevent the added expense and hassle of having the case sent to a formal hearing. There is immense potential at this stage to negotiate for lesser sanctions and even avoid the revocation or suspension of your license.
The experienced attorneys at the Lento Law Firm nationwide Professional License Defense Team can help advocate on your behalf and negotiate for a consent agreement with reduced sanctions against you, or even have the case dismissed outright, based on the charges and the evidence. While it is best to involve professional legal counsel at the earliest stage, before the case reaches the board, they can help you at every stage and minimize damage to your reputation and career.
Appeals
If the decision taken at a formal hearing or adjudicatory hearing does not seem fair or satisfactory to you, you have the right to appeal this decision. The Maine Administrative Procedure Act allows individuals to appeal a disciplinary action in a superior court. The appeals court may then decide to:
- Uphold the original decision
- Greenlight further proceedings, such as allowing additional facts and evidence to be presented
- Reverse or modify the board's decision
However, it can be difficult to overturn a Board of Nursing decision. Regardless, the Lento Law Firm can help you formulate an appeal and decide what to do in the event that your Board of Nursing has treated you unfairly and imposed severe sanctions upon you. However, the sooner you involve the Professional License Defense Team attorneys, the better the outcome.
If you are not satisfied with the appeals court's decision, you may also approach the Supreme Judicial Court.
Grounds for Suspension or Revocation of License
If the Maine Board of Nursing concludes that the complaint against the licensee is severe enough to warrant temporary suspension or permanent revocation of their license, they may decide to do so in accordance with Title 5, Section 10004, of the Maine Administrative Procedure Act, Chapter 375. Grounds to modify, suspend, revoke, or refuse to renew or issue a license of a nursing professional include:
- The use of fraud or deceit in obtaining their nursing license
- Misuse of alcohol, drugs, or other substances in a manner that endangers the health and safety of their patients
- Mental or physical condition that prevents the professional from adequately discharging their duties or endangers the health and safety of their patients
- Unprofessional conduct
- Incompetence in discharging medical duties
- Prior conviction of certain crimes
- False, misleading or deceptive advertising
Complaints involving other issues may also result in license suspension or worse. Anyone can make a complaint against a nurse, and the board is required to look into all formal complaints.
Can I Defend My Professional License Without an Attorney?
Many nurses feel that they can argue their case single-handedly without retaining professional counsel, especially if they don't think they have done anything wrong. They may feel that explaining their actions and point of view honestly and candidly will exonerate them and help resolve the charges against them. Unfortunately, that is not how it usually works.
If the nurse involved does not understand how the disciplinary process works, or exactly what why the charges against them are serious, they may end up incriminating themselves further. A professional license defense attorney understands exactly how these legal processes work, and what evidence the licensee needs to provide in order to make themselves look good. The attorneys at the Lento Law Firm have years of experience defending professional licenses and helping nurses, doctors, and other medical professionals nationwide avoid severe sanctions in cases involving their professional licenses.
They can help you draft strong responses to the charges against you, and make sure you do not give away any unnecessary information, or worse, information that will work against you.
License defense is a legal matter, and even if you have not been invited to a formal hearing, a Board of Nursing complaint is still a very serious matter that needs to be dealt with by a legal professional. If you have any questions about your license, you can look through the Lento Law Firm Professional Licensure FAQs or send your questions to us through this online form. You can also call us at 888-535-3686.
What Can A Professional License Defense Lawyer Do?
Agency nurses shouldn't have to deal with issues threatening their professional license and reputation alone, just because their employers refuse to get involved. Working as a nurse can involve long working hours, less than ideal working conditions and massive workloads. Nurses are the backbone of the medical industry, and keep medical facilities up and running with their effort and dedication to one of the hardest jobs around.
Despite their best intentions, things can and do go wrong, resulting in complaints from disgruntled patients, coworkers, doctors, or people accompanying patients. If you have had a complaint filed against you, get in touch with the Lento Law Firm immediately. You can call us at 888-535-3686 or fill out an online form, and we will contact you. In cases involving your professional license, speed is of the utmost importance. The sooner you get the experienced attorneys on the Professional License Defense Team at the Lento Law Firm on board, the higher your chances of nipping the issue in the bud early and preventing escalation.
Being investigated for misconduct is no casual matter. Even if you get off with a reprimand or warning, it can ruin your professional record permanently and come in the way of career advancement. If the situation escalates, and you end up losing your license, you risk losing everything you have worked for. Do not make the mistake of putting your career at risk. Call the Lento Law Firm today. Reach us at 888-535-3686, or online.
