Licensed Practical Nurses (LPN) play an important and crucial role in patient care. Their work is often underappreciated and overlooked. At least, they're overlooked until accused of misconduct and facing disciplinary action.
An LPN's years of good work and patient care matter little when they're accused of misconduct. When a disciplinary action arises, administrators and the Wisconsin Board of Nursing may ignore all of the times an LPN went above and beyond in providing patient care or staying late.
If you're an LPN and you're facing disciplinary action, you need support on your side. You risk losing your profession, your reputation, and everything for which you've worked.
The Professional License Defense Team at the Lento Law Firm works with LPNs and other healthcare professionals in Wisconsin to defend against misconduct allegations. Call us at 888-535-3686 or fill out our online form.
Standards of Practice for LPNs in Wisconsin
Wisconsin provides guidelines on what's expected of LPNs, which differs from RNs. Failing to meet these standards may be considered unprofessional conduct or misconduct. If an LPN violates these standards, they may face disciplinary action, including suspension or revocation of their license. The board may also decline to renew an LPN's license.
Wisconsin's standards of practice require an LPN to:
- Provide basic nursing care and meet basic patient needs
- Only accept patient care assignments they're competent to perform
- Record and report care provided to the appropriate supervisors
- Consult with a provider when they know or should know an assigned responsibility may cause harm to a patient
- Assist with data collection
- Assist with the development or revision of a nursing care plan
- In complex nursing situations, an LPN may perform delegated acts beyond basic nursing care when under the direct supervision of an R.N. or other qualified individual
- If requested by the board, an LPN must supply evidence of the education, training, or experience that prepared them to complete these tasks
If an LPN is uncertain of whether their performance or care is meeting these standards of practice, they should ask for clarification from a qualified supervisor.
Written Evidence
In situations when a supervisor, doctor, or other individual requires an LPN to perform a task for which they aren't qualified, the LPN should try to obtain either written documentation or have witnesses present. Ideally, this evidence would also include an LPN's request not to perform the task and their reasons for declining. This type of evidence can be beneficial during a disciplinary hearing.
What is Misconduct in Wisconsin?
Nurses may face disciplinary actions for incidents ranging from on-the-job mistakes to criminal charges. Here are some of the reasons an LPN may face a disciplinary hearing:
- Drug or alcohol abuse
- Practicing without a valid license
- Practicing beyond the scope of their responsibilities, such as diagnosing a patient or prescribing medication
- Violating HIPPA or other patient confidentiality laws or policies
- Not notifying the Wisconsin Board of Nursing of a felony or misdemeanor conviction within 48 hours
- Assisting or abetting in a crime
- Abusing a patient
- Failing in a duty of care to a patient
- Engaging in personal relationships with patients
- Accepting gifts of more than minimal value or cash from a patient or a patient's family
- Photographing or recording a patient for reasons other than healthcare
- Falsifying or altering reports, records, patient documents, or any other documents
- Intentionally entering incorrect information into a patient's record or other documents
- Engaging or assisting in abusive or fraudulent billing practices
- Allowing another person to use an LPN's credentials
- Using fake credentials to either get or renew a license
- Failing to meet the minimum standards of care and creating an unnecessary risk of danger to a patient's life, health, or safety
- A patient doesn't need to be injured for this role to apply. Simply creating the risk is sufficient.
- Providing unsafe or substandard care
- Lacking the knowledge, skill, or ability to perform a position's expected responsibilities
- Continuing to practice despite a psychological impairment or mental disorder that makes an LPN unsafe to practice
- Discriminating against patients or other medical personnel, such as due to someone's ethnicity or religion
- Performing an ordered task despite knowing their actions would likely harm a patient
- A nurse may still run afoul of this law even if they were unaware of the likelihood of harm but should have been aware
- Failing to perform ordered tasks that are appropriate or reasonable
- Delegating responsibilities that an LPN knows or should have known would result in unsafe or ineffective patient care
- Providing inadequate supervision
- Any improper prescribing, dispensing, or administrating of any medications or drugs
- Having, obtaining, or attempting to obtain any drug or medication
- The exception is if the drug or medication was lawfully obtained, such as through a prescription
This isn't an exhaustive list. The underlying theme is that an LPN's actions or behavior puts patients in danger or increases the risk of harm to patients.
Employment-Specific Requirements and the Duty of Care
In addition to the state's requirements, nurses should check with their employer about other requirements or ethical expectations.
For example, the Aurora St. Luke's Medical Center has additional mandatory education requirements for applicants. LPNs who want to work at St. Luke's must complete, among other requirements, forms on compliance and HIPPA.
HSHS St. Vincent Hospital is a Christian-affiliated healthcare provider. The hospital clearly states its mission and values on its website.
As one 2024 report on healthcare pointed out, nurses in religious-affiliated hospitals may face challenges between a hospital's mission and patient care. LPNs in these hospitals may have to run into situations where a hospital's mission may conflict with their duty of care to patients.
If you're facing disciplinary action due to following your employer's mission statement or policies, contact the Professional License Defense Team at the Lento Law Firm. No nurse should face punishment for being forced to choose between two incompatible options.
The Disciplinary Process for LPNs in Wisconsin
The majority of disciplinary cases begin with a complaint. A complaint is an allegation of misconduct by an LPN. Once a complaint is received, the disciplinary process's basic steps are as follows:
- Answer
- Investigation
- Settlement conference
- Disciplinary proceeding
- Disciplinary action, if any
The actual process can be more complicated with more steps. That's why LPNs accused of misconduct should contact the Professional License Defense Team at the Lento Law Firm. We know how to navigate disciplinary processes.
An LPN must meet all deadlines throughout the process. Failure to do so may result in disciplinary action being taken against them without their participation.
During the disciplinary process, nurses may face summary suspensions. These temporary suspensions restrict an LPN's ability to practice while the disciplinary process is ongoing.
Complaints
Wisconsin recognizes two types of complaints: formal and informal. Wisconsin does allow individuals to file complaints anonymously, but these anonymous complaints can be more difficult to both investigate and provide.
Complaints can come from anyone. Other LPNs or nurses, doctors, patients, patients' families, or other medical employees may file a complaint against a LPN.
Formal Complaints
Formal complaints must contain the following information:
- The name and the address of the LPN who is the subject of the complaint
- The name and address of the person making the complaint
- A short statement or description of why the person making the complaint believes the LPN should be investigated
- Formal complaints should also include the statute, rule, regulation, or other standard the LPN violated
- The following phrase or a similar statement: “Wherefore, the complainant demands that the disciplinary authority hear evidence relevant to matters alleged in this complaint, determine and impose the discipline warranted, and assess the costs of the proceeding against the respondent.”
- The person making the complaint should sign the complaint.
Informal Complaints
In comparison, informal complaints are essentially written requests where someone requests an investigation against an LPN. Informal complaints should still include information on why an LPN should be investigated for unprofessional conduct.
When considering informal complaints, the disciplinary authority will first screen the complaint to decide if an investigation is necessary. The screening process involves the following considerations:
- Is the person who is the subject to the complaint licensed in Wisconsin?
- Does the violation involve a fee dispute?
- Is the alleged behavior or conduct a trivial matter?
- Does the alleged behavior or conduct violate any statute, rule, or standard of practice?
The disciplinary authority can include other considerations when deciding whether to investigate a complaint.
Answer
An LPN can respond to allegations of misconduct with an answer. Answer is a legal term for a document that responds to misconduct allegations. Answers must be filed within 20 days of an LPN receiving a complaint.
In an answer, an LPN will either admit to or deny the complaint's allegations. When denying a complaint, an individual should be specific as to why the alleged conduct didn't occur or provide additional information to put an event in context.
An answer is incredibly important for someone fighting allegations of misconduct. These statements may hurt an LPN during a hearing, and word choice matters.
Before submitting an answer, contact the Professional License Defense Team at the Lento Law Firm. We can help you draft an answer.
Investigation
If an initial review of a complaint finds that a nurse potentially violated a state or standard of care or otherwise acted in an unprofessional manner, investigators will investigate the complaint. The purpose of these investigations is to gain additional information and evidence about the behavior or incident in question.
Investigations should include examinations of all relevant evidence. Investigators may review an LPN's work history and other professional records. They may interview coworkers, supervisors, or patients. Anyone who may have information relevant to the alleged misconduct may be questioned.
Settlements
When an LPN agrees with the allegations of misconduct, they may participate in a settlement conference. These occur before disciplinary hearings and often occur after an informal complaint.
In a settlement conference, the LPN will meet with officials to decide on disciplinary action. The advantage of a settlement is that it can resolve a claim more quickly. The downside is it can limit a nurse's options in defending themselves.
The Professional License Defense Team at the Lento Law Firm helps our clients understand the pros and cons of their options for resolving a misconduct allegation. In some cases, a settlement may be the best option, but LPNs will still need someone to advocate for them and help minimize any disciplinary action.
Hearing
A formal hearing is similar to a court case. Both sides present evidence or call witnesses before an administrative law judge.
The judge will make an initial decision on an LPN's case. They will then forward this proposal to the licensing board. The licensing board will review the proposed disciplinary action and decide if it's an appropriate response.
Disciplinary Action
The outcome of a hearing can range from an LPN being cleared of unprofessional conduct allegations to losing their license. The board may reprimand or censure an LPN. They may require training or participation in the state's substance abuse program. Nurses may be suspended from practice for a period of time.
Even if a nurse agrees that they were unprofessional or failed in their duty of care, they shouldn't simply accept any disciplinary action. Disciplinary action may be unduly harsh or affect a nurse's ability to work for an unreasonable amount of time.
The Professional License Defense Team at the Lento Law Firm helps our clients receive punishments that are fair in that they protect patient well-being and our client's careers.
Unpaid Taxes
Wisconsin may deny either a new application or a renewal if an LPN isn't current on their taxes. Unpaid taxes are grounds for refusing to allow an LPN to practice in Wisconsin.
LPNs can resolve this issue if, within ten days of a notice of unpaid taxes, they provide the Department of Safety and Professional Services (DSPS) with a certificate of tax clearance from the Wisconsin Department of Revenue. This certificate must indicate the taxpayer doesn't owe Wisconsin any late taxes.
In cases when tax delinquency isn't the only potential disciplinary issue, a certificate alone may not be sufficient to allow a nurse to continue practicing. While LPN's should make sure their taxes are current, they should be prepared to deal with the other disciplinary issues.
Protect Your Future
Allegations of misconduct can affect a nurse's reputation, career, and future. They may derail a promotion or limit a nurse's opportunities.
If you're facing allegations of misconduct, contact the Professional License Defense Team at the Lento Law Firm. Call us at 888-535-3686 or fill out our online form.
