Delaware is home to a number of top-notch medical centers and hospitals and has often faced nursing professional shortages. Licensed vocational nurses (LVN) and licensed practical nurses (LPN) are in high demand in the state. Yet, despite the critical role they perform, nurses are often overworked and under-appreciated. The excessive workload, long hours, and stress of the job can sometimes lead to mistakes and result in complaints filed by patients, co-workers, or patients' families.
If you have had a complaint filed against you or are facing other licensure issues, reach out to the Lento Law Firm as soon as possible. You can call us at 888-535-3686 or fill out this form to get in touch with us.
The Delaware Board of Nursing is required to examine any complaint made against a nursing professional, investigate the issue, and issue the necessary sanctions if warranted. These sanctions, ranging from a formal reprimand to loss of license, can have severe and far-reaching implications on a nursing professional's career. Moreover, it can also impact your ability to practice in other states.
Involving professional legal counsel at an early stage can help you obtain a positive outcome and avoid overly harsh or unfair sanctions. The earlier you bring in the Lento Law Firm, the easier it will be to deal with the issue before it gets worse and leads to you losing your license.
Sanctions Faced by Licensed Practical and Vocational Nurses in Delaware
The Delaware Board of Nursing oversees all complaints and disciplinary issues relating to LPNs and LVNs in the state of Delaware. They have the authority to administer punishment or sanctions, as they see fit, against unprofessional or unethical conduct. The severity of the sanction depends upon the alleged violation, but some of the sanctions commonly imposed by the Board of Nursing include the following:
- Suspension of license
- Permanent revocation of license
- Censure
- Letter of reprimand
- Probation, either limiting the practice areas of the licensee or requiring the licensee to
- regularly report to the Board regarding the issue that caused them to be put on probation or
- continue or renew their professional education until the Board is satisfied with their level of skill
- Refusal of license
- Non-renewal of license
- Monetary penalty of a maximum of $500 per violation
- Other disciplinary actions
Other than these sanctions, the Board also has the authority to impose any other punitive measures it deems warranted. Having your license temporarily revoked or being put on probation can adversely impact your ability to practice and can even hurt your career in the long term.
The best course of action is to deal with the issue before it gets to the point of sanctions by retaining professional legal counsel who can defend you against the charges being levied and can negotiate with the Board on your behalf.
Once a sanction is imposed, it can go on your record permanently and affect your ability to secure future employment in Delaware and other states.
What Constitutes Unprofessional Conduct
Title 24 of the Delaware Administrative Code lays out rules and guidelines for nursing and other regulated professions. LPNs, LVNs, and other nursing professionals who indulge in what is deemed as unprofessional conduct may face sanctions, including loss of license.
The Delaware Administrative Code states unprofessional conduct can include but is not limited to, any of the following:
- Performing acts or duties not covered by the license
- Falsifying or inaccurately altering details pertaining to a patient's health record or care
- Falsifying or inaccurately altering details pertaining to one's licensure, employment history, or criminal record
- Committing verbal or physical abuse against patients
- Threatening violence
- Engaging in sexual conduct with a patient, demanding or offering sexual favors, or committing sexual exploitation of any kind
- Violating professional patient-nurse boundaries
- Violating patient confidentiality
- Assigning duties to unlicensed persons
- Misappropriating funds, drugs, or other medical supplies
Aside from these behaviors, the Board may also sanction nursing professionals for any other behavior they deem unprofessional, fraudulent, or negligent.
Nurse Licensure Compact in Delaware
Delaware is a member of the InterstateInterstate Nurse Licensure Compact (NLC). This means that licensed practical nurses or licensed vocational nurses who have a Delaware license also qualify for a multistate license, allowing them to practice in other states that are part of the NLC if they meet the licensing requirements.
This makes it easier for nursing professionals to practice in multiple states using a single license and does away with the need to apply for and attain a different license when you move from one state to another.
However, it also means that if you have had your license revoked or suspended in Delaware, you may not be able to practice nursing in other NLC states either. Moreover, any sanctions or formal reprimands attained in Delaware may also make it difficult for you to practice in other NLC states.
Delaware Division of Professional Regulation Disciplinary Process
When a complaint is filed against a nursing professional in Delaware, it is investigated by the Division of Professional Regulation. The Board of Nursing issues a notice to the nursing professional against whom the complaint has been filed and invites them to attend a formal hearing regarding the complaint and alleged violation.
The disciplinary process tends to proceed as follows:
- Notice: The Board will send a copy of the complaint, along with a notice containing the date and time of the hearing, to the licensee at least 20 days before the hearing. The Board may also choose to hold an informal conference before the formal hearing to understand the charges, listen to the licensee's explanation, and seek a resolution. This conference helps the Board decide whether to dismiss the complaint or initiate formal proceedings.
- Temporary Suspension, Pending Hearing: The Board has the authority to, and may decide to, temporarily suspend the license of the nursing professional in question until the hearing is conducted. This usually occurs if the actions of the LPN or LVN are deemed to be a danger to the public. This order may remain in effect for a maximum of 60 days from the date of issuance.
- Formal Hearing: The case is discussed at a formal hearing, where both the licensee and the Board can have witnesses present. The licensee is also allowed to be represented by legal counsel at this hearing.
- Final Decision: After both sides and all testimony and witnesses have been presented at the hearing, the Board shall announce its final decision. If the charges against the nursing professional are supported by adequate legal evidence, the Board may decide to sanction the licensee by refusing to issue a license or revoking or suspending a license. They may also hand out other punitive sanctions as they see fit.
- Appeal: The decision of the Board is final, but if the licensee disagrees with the decision, they may choose to appeal it within 30 days.
Being sent a notice can be overwhelming, and 20 days can be insufficient time to not only plan your defense but also gather evidence in your favor and prepare questions for cross-examination. Involving the Lento Law Firm as early as possible will help us create a powerful defense for you and take away some of the stress of facing disciplinary issues.
What Rights Does an LPN or LVN Facing Disciplinary Action Have?
If you are facing disciplinary action and your license is at risk, you must act quickly and retain skilled legal counsel so you can work towards obtaining a positive outcome in your case.
Whether you have engaged in the acts you are being investigated for or not, you have certain rights which you must exercise to ensure a fair hearing. All licensed nursing professionals in Delaware, including LPNs and LVNs, have the following rights if they are being investigated or are required to attend a hearing:
- The licensee is allowed to be represented by a counsel who may examine and cross-examine witnesses.
- The licensee has the right to subpoena witnesses, just as the Board does. You may present a written request to the President or Vice President of the Board, and they will then issue the subpoena or subpoenas.
- The licensee may appeal the Board's decision within 30 days of the final decision being announced.
Retaining professional legal counsel can help ensure you make the most of the rights due to you and are not sanctioned unfairly. The Lento Law Firm can help you by drafting responses and questions, cross-examining witnesses, and by negotiating with the Board for reduced or no sanctions.
Appealing a Decision
In many instances, the Board unfairly sanctioned licensed practical or vocational nurses. They may not have presented all the evidence supporting their actions, or the Board may be biased and may see their behavior as more harmful than it is. Sometimes, the Board has a poor understanding of the circumstances and working conditions a nursing professional is subjected to and may not understand your actions.
If you feel you have been punished unfairly, the Lento Law Firm can help you appeal this decision. Even if you have already had a sanction issued, it may still not be too late to overturn the decision and protect your license. In order to win an appeal, you need to make a very strong case against the Board's decision, and this is where professional legal counsel can help. Our Professional License Defense Team can draft a powerful appeal on your behalf and include testimony, evidence, and other documentation you may have overlooked during your hearing.
Where We Can Help
The Lento Law Firm Professional License Defense Team has years of experience representing LPNs, LVNs, and other medical professionals in Delaware and other states. Whatever your concern, our team of skilled attorneys can help you present a strong defense and bring about a positive outcome.
We can help nursing professionals employed anywhere in Delaware, including, but not limited to, any of the following hospitals and medical centers in the state:
- Delaware Medical Centre
- Christiana Care-GoHealth Urgent Care Centre
- MedExpress Urgent Care
- Eden Hill Medical Centre
- St. Francis Hospital
- Beebe Healthcare
- Nemours Children's Hospital
- Becks Woods Medical Centre
- Medical Centre of Delaware
- Bayhealth Hospital
- Primary Care of Delaware
- Glasgow Medical Centre
- ChristianaCare Wilmington Hospital
- OhioHealth Delaware Medical Centre
- Delaware Healthcare Clinic
- Wilmington VA Medical Centre
- Wilmington Hospital
- Laurel Hall
Whichever hospital or medical facility you work at in Delaware, our team of skilled attorneys can help you with any licensure-related issues you face. We are available across Delaware to assist with your licensure issues. Even if your workplace isn't featured on the list above, do not hesitate to reach out to us.
How We Can Help You
Receiving a hearing notice or finding out a serious complaint has been made against you can be a scary and sobering experience. Licensed practical nurses work hard to ensure the health, comfort, and safety of their patients, often putting in long hours to contend with their heavy workload. This can lead to mistakes, misunderstandings, and other issues.
Even if you do your best to perform your duties in a professional and ethical manner, you may find yourself facing a complaint. Attempting to deal with disciplinary issues on your own may backfire and result in more severe sanctions than you had anticipated. As a nursing professional, you cannot be expected to know and understand the Board disciplinary process and defend yourself effectively.
The attorneys on the Lento Law Firm Professional License Defense Team have significant experience dealing with licensure boards and licensing issues and will be able to tell you exactly how to put together a defense strategy. They can accompany you to hearings, help you draft responses, cross-examine witnesses, and even negotiate with the Board for lesser sanctions.
Having the support of a team of professionals is invaluable and can make a huge difference to the outcome of your case.
Why Retain the Lento Law Firm
Do not let the time, effort, and money you have put into obtaining your license go to waste. Facing professional sanctions is a serious issue and one that can hamper your career prospects in the long term. Whether you believe yourself to be facing sanctions unfairly or not, the best course of action is to reach out to the Lento Law Firm immediately. The skilled attorneys on our Professional License Defense Team can help you understand the consequences of the allegations against you and put together a plan for your defense. Whether it is a question of a mistake or mitigating circumstances that can explain your actions, the Lento Law Firm will be able to defend you to the Board better than you can. They can also help you draft responses and cross-examine witnesses to help support your case.
Call the Lento Law Firm at 888-535-3686 or contact us online, and we will call you.
