As a Louisiana nurse practitioner, you work hard every day to care for your patients. The Lento Law Firm knows you went through years of schooling and great financial expenses to get where you are today. We understand that you put your patient's health and well-being above your own on a daily basis.
When you have dedicated so much of yourself to becoming and practicing as a Louisiana nurse practitioner, it can be devastating to learn that someone alleges you have committed misconduct. A common response is feeling upset, angry, and confused about your next steps. Ignoring or ruminating on the problem will not make it disappear. When facing disciplinary action against your Louisiana nurse practitioner license, you need the Lento Law Firm. Our Professional License Defense Team will walk you through the disciplinary process and handle all things related to the disciplinary action against you. We will fight tirelessly to preserve your nurse practitioner license and your reputation. Call our Professional License Defense Team at 888-535-3686 or contact us online to get started.
Louisiana Nurse Practitioner Regulatory Body
The Louisiana State Board of Nursing governs all nurses in the state of Louisiana. The Board of Nursing's job is twofold. The first responsibility is to the nurse. The Board of Nursing provides support, resources, and training required for nurse practitioners and all other types of nurses to ensure they practice competently.
The second role of the Board of Nursing is to function as the overseeing government body. This second role is a duty to the public. In this role, the Board of Nursing acts as a governing body, monitoring nurses and protecting the public against negligence in the practice of nursing. As part of its role in protecting the public, it handles all disciplinary actions against nurse practitioners. The Board of Nursing states the main functions of disciplinary actions against any nurse in the state are:
- Manage the disciplinary process for cases referred from the Investigations Department to final resolution (discipline).
- Handle requests and/or subpoenas for board file public records, other records, and information.
- Maintain the integrity of information reported to the National Council of State Boards of Nursing database, which serves as the intermediary between two federal databases.
Louisiana Nurse Practitioner Disciplinary Action Process
The Board of Nursing handles all disciplinary actions. Whether you have committed misconduct in your role or as a nurse practitioner, or the complaint is some sort of payback from a disgruntled patient or colleague, the same response is appropriate in both situations. You must always respond by taking disciplinary action against your nurse practitioner license seriously. When you learn or are even threatened with disciplinary action, contact the Lento Law Firm Professional License Defense Team.
Even if the allegations against you are baseless, the Board of Nursing has an obligation to assess each complaint. If you appeal your case, the disciplinary process can take several months, potentially over a year. There are many steps to the process; your Lento Law Firm attorney will walk you through each step, but an overview is included here.
Complaint
The disciplinary action will begin with a person filing a complaint with the Board of Nursing. Most often, complaints will be filed against you by a colleague, a patient, or their family. The Board of Nursing will first assess the complaint to ensure it has jurisdiction over the case; for example, it doesn't have jurisdiction over billing disputes. It only has jurisdiction over any Nurse Practice Act or other nursing regulation violations.
Suppose a complaint is filed and the Board of Nursing is concerned that the nurse practitioner's continued practice threatens public health and safety. In that case, it may order a summary suspension of the nurse practitioner's license. When this happens, the nurse practitioner must cease practicing immediately. The Board of Nursing will assess whether the summary suspension should stay in place at their next regularly scheduled board meeting.
Response
When a complaint has been filed against you and your nurse practitioner license, the Board of Nursing will notify you and give you the chance to respond to the allegations. Your response allows you to demonstrate that, contrary to the complaint's allegations, you are in compliance with all governing nursing laws and regulations. While making your case to the Board of Nursing may seem simple, we encourage you not to respond without consulting a Lento Law Firm attorney. As a nurse practitioner, making legal arguments is likely not something you do on a daily basis. You don't want to make any mistakes in your response that could compromise your case. On the other hand, the Lento Law Firm does this every day and can craft a response, making a strong legal argument and painting you in the best possible light.
Investigation
The Board of Nursing will open an investigation into any complaint it receives that falls under its jurisdiction. Even when you submit your response, it will not make any decisions regarding disciplinary action or next steps without an investigation. Investigations typically include interviewing you, the complainant, colleagues, patients, witnesses, or relevant third parties. The Board of Nursing will also collect any evidence and documentation relevant to the case, including but not limited to the following:
- Employment records
- Employment disciplinary action records
- Videos or photos of evidence of the alleged violation
- Witness statements
- Patient medical records (with their consent)
Hearing
If, after reviewing your response and the investigation results, the Board of Nursing will decide if the evidence indicates that you have violated the Nurse Practice Act or nurse practitioner relevant regulations. If the Board of Nursing determines disciplinary action may be warranted, it will send the case to the Board of Nursing's Hearing Department. Sending the case includes filing a formal sworn complaint, often called "formal charges." The formal charges will include specific provisions of the laws and regulations that have allegedly been violated.
A hearing will be scheduled after formal charges are filed. You will be notified that a hearing will be at least 20 days before the scheduled hearing. You absolutely must attend the hearing. The hearing will proceed without you, and you waive your right to defend yourself if you are not present. You may wonder what a hearing looks like; while it doesn't follow all the same rules and procedures as a court proceeding, it is similar. The hearing will typically follow this trajectory:
- The Board of Nursing, through its legal counsel, will make an opening statement
- Your Lento Law Firm attorney will make an opening statement
- The Board of Nursing's legal counsel will present the case against you and put forward supporting evidence
- The Board of Nursing's legal counsel will question their witnesses
- Your Lento Law Firm attorney will cross-examine the witnesses
- Your Lento Law Firm attorney will present its own evidence and call witnesses in your defense
- The Board of Nursing's legal counsel will cross-examine your witnesses
- The Board of Nursing can present a rebuttal of the evidence your attorney has presented
- Your Lento Law Firm attorney will present a rebuttal of the evidence the Board of Nursing has presented
- Each party's attorneys will make closing statements
Negotiations
Negotiations can occur before the hearing if the Board of Nursing agrees it is appropriate. The goal of the negotiations is to have you voluntarily agree to a consent order as an alternative to proceeding with a hearing. A consent order will require you to agree with the facts in the complaint and agree to disciplinary action. Your Lento Law Firm attorney is well-versed in negotiations and may be able to get you a lesser disciplinary action through this process. Your Lento Law Firm attorney will discuss your likelihood of success at a hearing and help you decide if a consent order is a good option for you.
A consent order is a legally binding contract in which you comply with the disciplinary action and requirements detailed in the consent agreement. If you break this contract, you will absolutely be facing severe disciplinary action against your nurse practitioner license.
Determinations
Following the hearing, the Hearing Department will deliberate and draft three documents: the findings of fact, conclusions of law and discipline, and the final order. The legal reasoning for their decision and the disciplinary action to be taken against you and your nurse practitioner license will be included in these documents. You will be notified by mail as soon as these documents are ready. The Board of Nursing's options for disciplinary action against your license include:
- Formal reprimand
- License suspension with license probation
- License suspension
- License revocation
Alternative to Discipline
In some cases where a nurse practitioner is suffering from an alcohol or substance use disorder or a mental illness, they may be eligible for the Recovering Nurse Program. There are a number of eligibility requirements and criteria that may disqualify a nurse practitioner from the program. If you are a nurse practitioner with an alcohol or substance use disorder or mental illness, the program may be a good choice for you, but there are a number of risks and benefits to weigh before making that decision. You should not speak to the Board of Nursing about this option until you confer with your Lento Law Firm attorney. We have experiences with nurse practitioner clients who have gone through the program and have seen first-hand what it looks like in practice. This insight will be invaluable as you decide to participate in the program.
Appeals
You may be unhappy with the outcome of your hearing; if so, you have the legal right to an appeal. If you choose to appeal, your Lento Law Firm attorney will file a lawsuit in court. If you have not had legal representation through the disciplinary process thus far, it isn't too late to call the Lento Law Firm. Our Professional License Defense Team often begins representing clients at the appeals stage. Having a Lento Law Firm attorney on your side at the appeal will increase your chances of a favorable outcome with the judge.
The judge in appeals does not have the final say over whether disciplinary action will be taken against your license. We understand that this might be a bit confusing. Essentially, how it works is that your Lento Law Firm attorney argues your case, asking that the judge remand the case to the Board of Nursing. A remand just means that the Board of Nursing must reconsider your case.
If the judge remands your case, the Board of Nursing must reconsider it. Sometimes, it will reconsider your case only by reviewing the record; in other situations, it may hold a second hearing. As soon as the judge remands your case, you must file a petition for reconsideration or rehearing with the Board of Nursing. You will only have ten days after the judge decides to file this petition, or you will lose your right to have your case reconsidered.
Whatever the Board of Nursing decides following the reconsideration or second hearing will be a final decision.
Grounds for Disciplinary Action Against Your Louisiana Nurse Practitioner License
Under Louisiana law, the Board of Nursing can take disciplinary action against a nurse practitioner license on the following grounds:
- Is convicted of a crime that reflects an inability to practice nursing regarding the health and safety of their patients
- Is unfit or incompetent to practice nursing as a nurse practitioner based
- Has shown actual or potential inability to practice as a nurse practitioner with skill and safety due to the use of drugs, alcohol, or mental or physical illness
- Is guilty of aiding anyone else in violating their grounds for discipline
- Has had their license to practice as any other form of healthcare provider revoked, suspended, or restricted
Areas We Serve in Louisiana
The Lento Law Firm has represented clients throughout the state of Louisiana, including New Orleans, Baton Rouge, Shreveport, Metairie, and Lafayette. Our nurse practitioner clients have worked in some of the largest healthcare systems in the state, such as Willis Knighton Health System, Ochsner LSU Health Shreveport, Christus Health Northern Louisiana, Christus Health Southern Louisiana, and Ochsner Lafayette Health System.
Retain the Lento Law Firm Professional License Defense Team
When your Louisiana nurse practitioner license is threatened, you can't afford to have anyone but the best fighting for you. The Lento Law Firm Professional License Defense Team understands that your livelihood, career, and reputation are on the line; we will do everything we can to protect your license. At the Lento Law Firm, you always come first. Call us today at 888-535-3686 or contact us online to retain the Lento Law Firm Professional License Defense Team.
