Receiving a notification from the Illinois Board of Nursing that it's taking disciplinary measures against your LPN license should not be taken lightly. These proceedings can have serious repercussions on your career as a nurse. Losing your license due to disciplinary action can hinder your ability to practice in not just Illinois but also in other states. Facing disciplinary action for your LPN license carries a high risk for your job and overall professional future.
In this situation, it's crucial to seek representation from our Professional License Defense attorneys. Avoid hiring local criminal defense lawyers who may not be well-versed in administrative licensing procedures and strategies. Instead, turn to the Lento Law Firm for reliable legal representation. To protect your nursing license and career, reach out to us at 888-535-3686 or complete our contact form.
The Authority of the Illinois Board of Nursing
The Illinois Board of Nursing regulates LPN licensees. The board falls under the Illinois Department of Financial and Professional Regulation (IDFPR)—this state department handles complaints about misconduct and investigates LPNs who have been accused. On the IDFPR website, anyone can look up your license and see its status, and whether disciplinary action has been taken.
If you are found responsible for violating the Illinois Nurse Practice Act, the board and IDFPR may take the following disciplinary actions:
- License revocation
- License suspension
- Probation or practice restrictions
- Remediation
- Alternative to discipline programs
- Fines
- Reprimands or letters of concern
Your nursing license is crucial to your livelihood, serving as your professional passport to employment in physicians' offices, hospitals, nursing homes, and other healthcare institutions. If the IDFPR finds sufficient evidence of wrongdoing, you could face severe penalties. Without a license, your career is at risk.
Will Simply Telling the Truth Be Enough?
Our Professional License Defense Team has seen several cases where nurses were completely innocent. Despite believing that simply stating the truth, that they hadn't committed any actions warranting discipline, would be sufficient to defend themselves, these professionals wisely chose to seek assistance from our legal team instead of relying on the objectivity and fairness of their licensing bodies.
Unfortunately, presenting all the facts may not always be enough to sway the outcome in disciplinary cases involving LPNs. Nursing boards and licensing offices are prone to making mistakes and may issue unjust or inaccurate decisions for various reasons:
- They may not do comprehensive investigations, leaving out crucial facts, testimonies, and evidence.
- They may unfairly target the accused in order to set an example.
- They may not take significant evidence or testimonies into account.
- They may not reach a fair conclusion after considering all the available evidence.
When facing disciplinary proceedings, it is essential not to take anything for granted. Allow a lawyer from our Professional License Defense Team to represent you. We'll gather all the facts and evidence necessary to pursue a favorable outcome for your case.
Grounds for Sanctions for LPNs in Illinois
The IDFPR and nursing board can refuse to issue or renew, revoke, suspend, place on probation, or reprimand a license or take other appropriate disciplinary or non-disciplinary action if an LPN is found responsible for violating the Nurse Practice Act.
Some examples of violations include:
- Fraud or material deception to the board or IDFPR
- Conviction of a felony crime
- Conviction of a misdemeanor crime that involves dishonesty or is directly related to nursing practice
- Incompetency or incapacity to practice
- Failing to respond to requests for information from IDFPR within 90 days
- Dishonorable, unethical, or unprofessional conduct
- Unlawful taking, theft, selling, or distributing of any drug, narcotic, or prescription device
- Habitual, excessive, or addictive use of alcohol, narcotics, stimulants, or another chemical agent
- Discipline by another jurisdiction for a violation that has an equivalent in the Illinois Nurse Practice Act
- Violating probation
- Being named as a perpetrator of child abuse or neglect
- Gross negligence
- Failing to establish or maintain records of patient care
- Intentionally filing false records
- Intentionally violating the confidentiality between nurses and patients
- Violating state or federal laws or rules concerning controlled substances
Some accusations are less severe, but others are very serious. At the Lento Law Firm, our team can help you defend your license against these charges and work toward a favorable result for your case.
Adjudication Process for LPN Disciplinary Actions
The IDFPR utilizes a standardized approach for investigating and enforcing disciplinary actions across all professions it regulates, including nursing. If you are a licensed nurse in Illinois facing accusations of misconduct, you can expect the disciplinary process to progress through the following stages.
Complaint
The disciplinary procedure starts when a complaint is filed against you with the IDFPR. While any member of the public can make allegations, complaints against nurses most commonly come from patients, their families, colleagues, other healthcare providers, or anyone who believes your conduct has violated nursing protocols. After the IDFPR receives and processes the complaint, you will receive an official written notification.
Investigation
Next, the IDFPR will assign an investigator to gather information and seek evidence to support the complaint. This stage usually includes interviewing the complainant and any witnesses, issuing subpoenas for documents, and interviewing you to hear your side of the story. If the investigator does not find sufficient evidence, the IDFPR may decide to close the case at this stage. However, if adequate evidence is uncovered, the case will proceed further.
Formal Complaint
If the Department investigator uncovers corroborating evidence, the case will be referred to a prosecuting attorney for review. Should the prosecutor determine there is probable cause based on the evidence, a formal complaint will be issued. You will then be notified of the charges in writing and summoned to appear before the IDFPR.
Informal Conference
In many cases, the IDFPR may invite you to an informal meeting to attempt to resolve the complaint without a formal hearing. You may have your attorney accompany you to this conference. While an informal conference provides an opportunity to negotiate a mutually agreeable settlement, such as a consent order or dismissal of the complaint, it also means you might waive your right to an administrative hearing if any disciplinary action is agreed upon. Although the informal conference can be an effective way to settle the complaint, we strongly advise against attending without your attorney present to negotiate on your behalf.
If the informal conference is successful, it typically concludes with a consent order. This agreement between you and the IDFPR outlines any disciplinary actions to be taken, specifies conditions for maintaining your nursing license, and details conditions for reinstatement of your license.
Hearing
If the informal conference does not result in an agreement (or if the IDFPR does not invite you to one), the next step is a formal inquiry before an Administrative Law Judge. You will be summoned to attend this hearing, and it's highly recommended to have your attorney present. During the inquiry, both parties can present evidence and cross-examine witnesses. Legal representation is strongly advised for this proceeding.
After the inquiry, the Judge will issue a report and recommendation regarding disciplinary action. The Department will then decide whether to adopt all or part of the report and recommendation and proceed with disciplinary action.
Appeal
If you disagree with the report and recommendation, you have 20 days to request a re-hearing before the Department Director makes a final determination. Once the disciplinary action is finalized, if you believe the IDFPR has violated administrative law or due process in their decision, you have 35 days to appeal the case to your local circuit court.
Throughout this disciplinary process, a skilled attorney can find numerous opportunities to negotiate a favorable resolution that allows you to keep your license, often avoiding a formal hearing. The Professional License Defense Team at the Lento Law Firm is highly experienced in these negotiations, regularly helping clients settle complaints before they escalate to the later stages.
Why You Need a Professional License Defense Attorney
If you're unsure whether you need legal representation when facing professional sanctions, consider the severe consequences these sanctions can have. Your license—and, by extension, your career—can be significantly impacted. Working with our team offers several advantages:
- LPNs face a low threshold for sanctions: You may find yourself defending against accusations, with the board considering you guilty until proven innocent. Our team will develop and implement a proactive defense strategy for your license.
- Significant resources of the board: Contesting a complaint through the IDFPR means you're effectively up against the state of Illinois. You need a law firm with the resources to fight effectively on your behalf.
- Limited familiarity with disciplinary procedures: Many LPNs we assist are unfamiliar with the disciplinary process. Our team is well-versed in these procedures and will ensure you are thoroughly prepared.
- Proven success in protecting nurses: Our lawyers have a strong track record of defending nurses against license sanctions, providing reassurance during challenging times. We're dedicated to diligently pursuing the best possible outcome for your case.
While you handle the potential personal consequences of license sanctions, our team will manage every aspect of your defense, allowing you to focus on your daily life.
The License Defense Services Our Firm Provides You
The team at the Lento Law Firm is committed to protecting your reputation and preventing license penalties. If penalties are unavoidable, we strive to minimize them as much as possible. To achieve these goals, our firm offers the following services:
- Determining the most favorable resolution: We understand that some LPNs are falsely accused, while others may have made honest mistakes. Our approach is tailored to your specific situation to achieve the best possible outcome.
- Gathering essential evidence and testimonies: Our strategy involves a thorough investigation, relying on firsthand information rather than third-party reports. Ensuring the accuracy of evidence and witness statements is crucial, and we handle these aspects meticulously in LPN licensure cases.
- Exploring alternative settlements: We actively negotiate with Offices of General Counsel (OGCs) authorized to reach settlements, often resulting in efficient and favorable resolutions through direct discussions.
- Providing guidance throughout the adjudication process: If your case requires formal adjudication, we're fully prepared to assist you. We'll represent you in hearings, accompany you to meetings, and handle any necessary appeals promptly.
- Pursuing further legal actions: We are ready to explore all legal options to protect your nursing license, including actions beyond standard appeals. As your situation evolves, we will discuss and implement the most effective strategies tailored to your needs.
We work with LPNs and other licensed medical professionals nationwide, dedicated to securing the best possible outcome for you, considering your unique circumstances.
We Assist LPNs Throughout Illinois
Our Professional License Defense Team can handle your LPN license defense if you live in the following cities:
- Chicago
- Schaumburg
- Naperville
- Joliet
- Rockford
- Springfield
- Elgin
- Peoria
- Champaign
- Waukegan
- Arlington Heights
- Bolingbrook
- Evanston
- Palatine
Even if you don't see your city or town listed here, our attorneys can still defend your LPN license. Reach out to us today to see what we can do for you.
Call the Lento Law Firm for LPN License Defense
Defending your license should be a top priority, and our team is ready to take immediate action. We will leverage every opportunity before any interviews, hearings, appeals, or legal proceedings to build a strong defense and prepare you for the disciplinary process.
Contact the Lento Law Firm at 888-535-3686 now to discuss your options for protecting your nursing license in New York. You can also submit your case details through our online form, and one of our team members will respond promptly.
