Licensed practical nurses (LPNs) are pillars of care and compassion, but their careers are built on years of education, dedication to clinical training, and maintaining a license to practice in Louisiana. As trusted allies in the healthcare field, LPNs are valuable to hospitals, outpatient centers, hospice facilities, and many other areas of patient care. Among the daily challenges of LPNs lies compliance, and the only thing that stands between them and a long and rewarding career can be a single complaint or misconduct allegation.
Since a first-time violation can leave an LPN without the credentials they need to work, it's vital to retain professional assistance before the licensing board launches an investigation. Even though licensees may think hiring an attorney to defend them against their governing board is extreme, it can be the difference between continuing to work and being ineligible for employment in the healthcare field. Fortunately, clear guidance and a pathway toward defense is only a phone call or a click away.
Recognizing the nuances of the administrative procedures used to adjudicate license violations requires a team that is well-versed in Louisiana rules and regulations and dedicated to the best outcome. The Lento Law Firm Professional License Defense Team understands that state licensing boards sometimes fail to fully comprehend the context of a situation or mistreat licensees with harsh discipline, which can lead to the following:
- Practice limitations and restrictions that damage your professional reputation.
- Civil penalties and restitution can place immense financial stress on your family.
- License suspension or revocation that leaves you struggling to find a job.
Whether Louisiana LPNs are navigating the complaint investigation process, hearings before the state board, or struggling to file appeals, we can provide the assistance needed to protect a hard-earned career. The Lento Law Firm Professional License Defense will lead negotiations with Louisiana authorities and ensure licensees are treated fairly and represented strongly. Call us at 888-535-3686 now or submit your details online, and we will contact you.
Louisiana State Board of Practical Nurse Examiners Licensing Standards
The Louisiana State Board of Practical Nurse Examiners approves, oversees, and disciplines LPNs through the state's rules and regulations and enforces the Nurse Practice Act (NPA). The board does not have jurisdiction to resolve any matters that do not pertain to the NPA or do not revolve around Louisiana's laws related to LPNs. Yet, the board establishes a code of conduct using the NPA to maintain competence and professionalism in the field.
In large part, remaining in good standing with the board requires LPNs to follow the code of conduct. While there are many issues for which the board may levy disciplinary action, the following are common reasons:
- Falsification of personal or patient documents or records.
- Drug diversion for sale, use, or distribution outside of medical necessity.
- Impairment on the job, including positive drug screen without valid prescriptions.
- Misappropriation of medical resources or theft from employers.
- Exploitation, neglect, or physical or verbal abuse of patients.
- Sexual harassment, abuse, or boundary violations with patients, patient family members, coworkers, or supervisors.
- Errors in distributing medication to patients or failure to keep accurate records.
- Criminal charges, convictions, or arrests.
- Failure to assess a patient accurately or intervene appropriately on their behalf.
- Any behavior with the potential to expose a patient to unnecessary risks of harm.
While the Louisiana State Board of Practical Nurse Examiners has the scope to investigate and discipline LPNs, there are some instances the board will not adjudicate. Disagreements between coworkers and general employer-employee issues like tardiness or absenteeism are out of the board's purview.
The goal of the board's compliance department is to ensure that LPNs provide safe, quality care to all patients and Louisiana residents who are ill, injured, or dependent on others for their well-being. Therefore, the board will investigate any allegation or situation in which a licensee fails to practice appropriately. However, allegations typically don't emanate from the board itself but from the state's complaint system.
Louisiana LPN Complaint Process and Investigations
Anyone can submit a complaint with concerns about an LPN's practice—patients, patient family members, coworkers, supervisors, and any member of the public. Not all allegations that are received by the board result in an investigation.
The board requires that complainants list the following information for assessment:
- Subject of the complaint
- Patient information
- An explanation of the alleged incident
- Supporting documents, such as evidence and witness testimony
If the board determines the allegations constitute a violation of the NPA or are otherwise in its jurisdiction, the executive director launches an investigation and may assign a board staff member to conduct an evaluation.
The LPN—called the respondent during grievance proceedings—receives a notice from the board detailing certain due process rights, such as the opportunity to reply to the allegations. After the response is received, board investigative staff obtain relevant evidence like the following:
- Employment records
- Physical or electronic correspondence
- Patient medical records
- Complainant, respondent, and witness testimony
If the evidence indicates that sanctions against the respondent are needed, the matter can either be settled informally or formally. The board may offer the LPN to agree to a consent order as a means of informal discipline, which typically involves mandatory continued education, restrictions of practice, or conditional practice but does not officially change the status of a license. If the respondent agrees with the order, it's signed and submitted to the board office, which then can review, accept, and ratify the order. If formal proceedings are deemed necessary, the board files charges, and a hearing is scheduled.
The Louisiana State Board of Licensed Practical Examiners designates a hearing officer to preside over the proceedings. Under the state's administrative laws, LPNs have the right to retain a legal professional for representation. During the hearing, all parties are afforded the chance to present evidence, cross-examine witnesses, and call witnesses to give oral testimony. After the hearing ends, the hearing officer issues a report to the board containing findings and recommended actions.
Sanctions for Louisiana LPNs
LPNs can receive several types of sanctions if the board deems them necessary. Informal sanctions will include those that are more corrective than disciplinary insofar as the standing on one's license is concerned, such as the following:
- Formal reprimand: Official condemnation from the board for violations, often combined with civil penalties or mandatory continued education.
- Conditional practice: A licensee's standing is contingent upon meeting specified requirements from the board.
Limited practice: Restrictions of practice will be enforced until remedial requirements specified by the board are fulfilled. While remediation, mandatory continued education, and practice limitations and restrictions are commonplace for less severe charges, they can be used for formal discipline. However, formal charges are often met with a change in the status of an individual's license, such as:
- Suspension: Prohibiting practice for a specified period of time, typically up to five years.
- Revocation: The termination of an individual's license and ability to practice as an LPN indefinitely.
No matter how harsh sanctions from the board may be, all need to be taken seriously. Even first-time letters of reprimand are part of a license record and can quickly affect other areas of life. In most states, disciplinary action on a professional license can kick off proceedings elsewhere. For instance, if a Louisiana LPN also has a license to teach or conduct public accountancy, board action will affect the standing of those. Each case adjudicated by the Louisiana State Board of Licensed Practical Examiners is different; therefore, there's no way to know how sanctions will affect each individual.
Can Discipline in Louisiana Affect LPNs Elsewhere?
Including some U.S. territories, 41 states are part of the Nurse Licensure Compact (NLC), allowing LPNs and other healthcare professionals to practice in multiple states without additional or supplementary authorization. While the NLC is beneficial for LPNs to find work everywhere in the country, any disciplinary action taken on an individual's license in Louisiana is available to view in all other states. If an individual's license to practice is suspended or revoked in Louisiana, they won't be able to work as an LPN in another NLC-compliant state until their license is permitted to be reinstated.
Furthermore, the National Council of State Boards of Nursing's (NCSBN) Nursys database acts as a source for LPN licensing information, thus providing a look into a licensee's disciplinary history. Some states may not adhere to the NLC but will be able to acknowledge disciplinary action through the NCBSN system.
Regardless, LPNs don't have to accept the board's resolution. Licensees have a means of redress through the state court system.
Louisiana Contested Case Hearing
If the LPN wishes to challenge the board's determination of the charges, they may pursue a contested case hearing with the Division of Administrative Law before an Administrative Law Judge (ALJ). The goal of the ALJ will be to decide whether the licensee has violated the NPA and if the actions merit discipline.
The ALJ may hold a pre-hearing conference to discuss procedural matters, institute a period of discovery, and explore the possibility of an agreement. If neither the LPN nor the board's representative can agree on terms, a hearing is conducted that includes the following:
- Sworn testimony from both party's witnesses.
- Presenting evidence, which can include documents, records, photographs, or other forms of data compilation, regardless of media type.
- Legal arguments from the licensee and the board or their representation.
After the hearing, the ALJ may call for post-hearing briefs on issues raised. While the timeline of each case depends on the matters involved, the ALJ will typically issue a decision within 60 days from the beginning of the process, which is then reviewed by the board, which may adopt, modify, or reject the conclusions.
While the board's decision is final, LPNs can continue to appeal. Licensees have the opportunity to petition the state appeals court, but preserving your credentials can be much more straightforward if you retain professional legal help to defend you.
We Serve LPNs Employed by Medical Providers Throughout Louisiana
The Lento Law Firm Professional License Defense Team is known nationwide for negotiating with state authorities to help LPNs keep their credentials and ability to practice. Regardless of the misconduct or complaints alleged against you, we serve all LPNs practicing in Louisiana, and our team is familiar with prominent employers in the state's medical sector, including but not limited to the following:
- Brentwood Hospital (Shreveport)
- Willis-Knighton Bossier Health Center (Bossier City)
- East Jefferson General Hospital (Metairie)
- Baton Rouge General Medical Center (Baton Rouge)
- Ochsner Baptist Medical Center (New Orleans)
- Thibodaux Regional Medical Center (Thibodaux)
- University Medical Center (Lafayette)
- Slidell Memorial Hospital and Medical Center (Slidell)
- Ochsner Medical Center (Gretna)
- Mary Bird Perkins Cancer Center (Baton Rouge)
- VA Medical Center of New Orleans (New Orleans)
- Lake Charles Memorial Hospital (Lake Charles)
- Overton Brooks Medical Center (Shreveport)
- Riverside Medical Center (Franklinton)
- Our Lady of Lourdes Regional Medical Center (Lafayette)
- Iberia Medical Center (New Iberia)
- Lallie Kemp Regional Medical Center (Independence)
- Tulane University Medical Center (New Orleans)
- North Oaks Medical Center (Hammond)
- Saint Francis Medical Center (Monroe)
- Central Louisiana Surgical Hospital (Alexandria
- Lakeview Regional Medical Center (Covington)
- Our Lady of Angles Hospital (Bogalusa)
- Touro Infirmary (New Orleans)
Those listed above are just a few examples of high-volume employers of LPNs in Louisiana. Even if your employer isn't listed above, we can still provide you with invaluable support, guidance, and representation.
Contact the Lento Law Firm Professional License Defense Team
Defending your Louisiana LPN license is our utmost priority. While you may think an attorney is too extreme of an option to defend yourself against the board, think again. LPNs have dedicated years and even decades to education and training, and losing a license spells the end of a long, rewarding career.
Local lawyers may pride themselves on their aggression and advertise shock-and-awe tactics to defend your license, but you need the care and attention to detail provided by the Lento Law Firm Professional License Defense Team. Call us at 888-535-3686 today to learn how we will protect your Louisiana LPN license, or go online now.
