If you're a nurse working in the Louisville metropolitan area, one of two agencies has the authority to take disciplinary action against your license if you engage in alleged violations: the Kentucky Board of Nursing (simply referred to as “the Board” going forward) or the Indiana State Board of Nursing. Naturally, the state in which you work will determine who has the authority to discipline you.
If the Board has notified you that it's considering disciplinary action, get in touch with our Professional License Defense Team at the Lento Law Firm right away. Unlike criminal defense attorneys, who may not be familiar with Board processes, we specifically represent professionals in need of license defense services.
Thus, we offer a unique service tailored to your unique circumstances. Learn more about our nurse license defense services in the Louisville metropolitan area by submitting your information via our online contact form or calling our offices today at 888-535-3686.
Reasons for Nurse License Defense Services in the Louisville Metropolitan Area
Per Kentucky law, the Board has the authority to take action against a nurse's license in various circumstances: The Board has similar authority to discipline a nurse in Indiana. The following are examples of a few common reasons either Board may consider disciplining a nurse. Either Board may discipline a nurse who:
- Engaged in fraud or deceit when attempting to secure or obtain a nursing license
- Has been convicted of a crime that's reasonably related to the practice of nursing, or in the case in Kentucky, is a felony
- Is unable or unfit to practice nursing safely due to reasons such as negligence or incompetence
- Abuses alcohol, drugs, controlled substances, etc.
- Has misused or misappropriated any drugs they were responsible for handling in the course of their professional duties
- Has falsified records or failed to make necessary entries in records
- Has been subject to disciplinary action against their license in another jurisdiction
- Has violated any provisions of the law or the Board's rules
- Has violated a patient's confidentiality
- Has been impaired due to alcohol or drugs while performing job duties
- Violates laws pertaining to billing practices and referral schemes
- Fails to take reasonable steps to preserve the life of a born-alive infant when providing abortion services
The above are only common examples of violations that may lead to disciplinary action in the Louisville metropolitan area. That's not an exhaustive list. Our team can help you understand the nature of the allegations if you're under investigation.
It doesn't matter whether you're a nurse working for a major Louisville metropolitan area healthcare employer like Baptist Health Louisville or you're a nurse serving a smaller clinic in a suburb like Jeffersontown, Lyndon, or Clarksville—you can benefit from nurse defense services if you learn you're facing disciplinary action.
One way the Lento Law Firm Professional License Defense Team helps is by reviewing the allegations and helping you better understand them. The first step to building a proper defense is clarifying what you may be facing disciplinary action in the first place.
Types of Disciplinary Action the Board of Nursing Can Take Against a Nurse's License in the Louisville Metropolitan Area
The laws in either state permit the Boards in both Indiana and Kentucky to take the following forms of disciplinary action against nurses who engage in violations:
They are:
- Reprimand: This type of disciplinary action is a formal warning that gets attached to a nurse's file. Because members of the public, including potential employers, can easily access this information, even a minor reprimand could theoretically affect a nurse's ability to secure employment elsewhere.
- Denial: If the Board identifies past misconduct in a prospective nurse applying for a license, the Board may decide not to issue a license. Similarly, if a nurse already practicing in the Louisville metropolitan area engages in misconduct, the Board may decide not to renew their license.
- Limitations: The Board can limit or restrict a nurse's license so that they may continue practicing while addressing necessary issues. For example, maybe a nurse isn't competent enough to safely perform certain nursing procedures or techniques. The Board could prohibit them from performing these tasks until they've demonstrated they can do so safely, perhaps by completing a training or educational program.
- Probation: Similar to the above, the Board can place a nurse on probation. The specific terms and conditions of probation can depend on such factors as the nature of the alleged misconduct.
- Suspension: The Board can temporarily suspend the license of a nurse who engages in misconduct. Sometimes, a suspension ends after an established period of time. In other circumstances, a nurse may need to fulfill certain requirements before the Board will lift a suspension. For instance, if a nurse struggles with substance abuse issues, the Board might require a nurse to complete treatment before they can get their license back.
- Revocation: Revoking a nurse's license is a form of disciplinary action the Board reserves for significant or repeated issues. Naturally, the goal when handling a case like yours is to fight against this outcome. However, if the Board has revoked your license, our attorneys can help you understand whether you'll be able to get licensed again in the future.
The Board in Indiana can also issue fines of up to $1,000 for every violation. However, the Board cannot fine a nurse who is subject to disciplinary action because a mental or physical disability prevents them from serving the public safely.
From Mount Washington, Kentucky, to Jeffersonville, Indiana, our Professional License Defense Team at the Lento Law Firm is prepared to serve the needs of nurses facing disciplinary action throughout the Louisville metropolitan area. Upon reviewing your case, we may explain whether the best strategy is to attempt to avoid disciplinary action entirely or whether it may be wiser to negotiate a deal with the Board.
What a Nurse Can Expect from a Louisville Metropolitan Area Board Investigation
A Board investigation in the Louisville metropolitan area will usually involve the following steps. As always, this is primarily based on the process in Kentucky, highlighting the importance of working with an attorney. Our legal professionals can explain in greater detail the specifics of the process in your case and state.
That said, a Board investigation will typically involve such elements as:
- Notice: The Board will alert a nurse when a complaint triggers an investigation. In some cases, the Board may launch an investigation in response to a matter a nurse self-reports, such as a criminal conviction. The notice will provide information about the accusations and how a nurse can respond to them. Review this information carefully (ideally with a lawyer) to ensure you thoroughly understand what is required of you at this stage. Failing to comply with Board requests or procedures could negatively influence your case's outcome.
- Potential for summary suspension: The Board will usually permit a nurse to continue working during an investigation. However, there are scenarios when, based on the nature of the allegations or other such evidence, there's reason to believe a nurse may represent an immediate threat to public safety. In these circumstances, the Board could summarily suspend a nurse's license. Summary suspension prevents a nurse from practicing in the state until the Board issues a final decision.
- Presentation and negotiation: A Board investigation can be stressful. Investigators may interview colleagues, employers, and others to gather information about a nurse. Having legal representation at this stage can help a nurse handle this experience with greater confidence. Our attorneys can also ensure you understand and respond to Board requests properly. Once an investigation is complete, the investigators will present their findings to the Board. Sometimes, the Board determines no disciplinary action is necessary. If the Board does opt to proceed with disciplinary action, it may give a nurse the option of entering into a consent decree. This is similar to negotiating a “plea deal” in a criminal case. Because a consent decree usually involves a nurse admitting to wrongdoing and accepting disciplinary action, our team can help you determine if entering into one is ideal in your circumstances. We can also negotiate a fair deal if you decide to go this route.
- Hearing: Entering into a consent decree isn't the only option when the Board is considering disciplinary action. A nurse can instead decide to proceed to a hearing. During a hearing, both sides can provide witness statements, present evidence, and generally present their case. Upon hearing both sides, the Board will make a determination regarding whether to move forward with disciplinary action.
Louisville and nearby Jeffersonville are home to numerous major hospitals and healthcare facilities, such as Norton Clark Hospital, North Healthcare St. Matthews, and multiple University of Louisville medical centers. We gladly represent nurses from these hospitals and more.
We also represent clients working in the suburbs of the Louisville metropolitan area. If your employer runs a smaller clinic in Lyndon, Shelbyville, Shepherdsville, or any of the other communities in the area (including those in Kentucky and Indiana), we're available to offer unique services tailored to the needs of nurses facing Board disciplinary action.
Board Disciplinary Action in the Louisville Metropolitan Area Can Affect a Nurse in Other States
When the Board takes disciplinary action against a nurse's license in Kentucky or Indiana, said action could affect a nurse's ability to find work or secure a license in other states.
That's because the nursing boards in both Kentucky and Indiana participate in Nursys. This network of nursing boards (which includes almost all nursing boards in the country) allows for easy sharing of licensing files and similar information.
On the one hand, this means if a nurse from one Nursys state moves to another, they can get licensed in their new home more quickly than they otherwise could. On the other hand, it also means that if a nurse is subject to disciplinary action in the Louisville metropolitan area and moves, the licensing board (as well as potential employers) in their new state may have access to information about said action.
This could potentially affect a nurse's employment prospects outside of Kentucky and Indiana. It's another reason to enlist the help of attorneys at the Lento Law Firm Professional License Defense Team.
How the Lento Law Firm Helps Nurses in Need of License Defense Services in the Louisville Metropolitan Area
Every case is unique. At the Lento Law Firm, attorneys with our Professional License Defense Team take the time to understand the specific details of every case. Doing so is key to developing and implementing an effective defense strategy.
Generally, however, our team can help by:
- Reviewing your case and answering your questions to ensure you understand the allegations and what your current responsibilities are
- Representing you throughout an investigation and speaking up on your behalf if it appears the Board isn't affording you due process
- Gathering evidence to support your side of the story
- Helping you weigh your options if you're not sure whether to accept a consent decree or push for a hearing
- Negotiating a fair consent decree if you choose this option
- If necessary, providing aggressive representation during a hearing
- Making sure you comply with Board requests in a timely manner
Remember, this isn't a criminal case. Thus, you shouldn't make the mistake of hiring a criminal defense attorney. You're better off working with legal professionals who specifically offer professional license defense services.
However, like a criminal case, a strong defense requires getting started sooner rather than later. At the Lento Law Firm, attorneys with our Professional License Defense Team are ready to offer the help you deserve when your nursing license is on the line. If you need nursing license defense services in the Louisville metropolitan area, learn more about what we can do for you by calling our offices at 888-535-3686 or by submitting your information online.
