If you've been notified that the Michigan Board of Nursing is initiating disciplinary actions against your Licensed Practical Nursing (LPN) license, it's crucial to take it seriously. These proceedings can have devastating effects on your nursing career. Losing your license due to disciplinary actions means you may not be able to practice nursing in Michigan or potentially in any other state. LPN license disciplinary action presents a huge risk to your job and overall career.
The most effective step you can take if you're facing disciplinary charges from the Michigan Board of Nursing is to secure representation from a Professional License Defense attorney. Avoid local criminal defense lawyers who lack familiarity with administrative licensing procedures and strategies. Instead, choose the Lento Law Firm's Professional License Defense Team. Contact us today at 888-535-3686 or fill out our contact form to secure the legal representation necessary to protect your nursing license and career.
Legal Powers of the Michigan Board of Nursing
The Michigan Board of Nursing oversees licensed practical nurses (LPNs), registered nurses (RNs), nurse midwives, nurse anesthetists, and clinical nurse specialists. Unlike some states that have a singular Nurse Practice Act, Michigan regulates the nursing profession through other various administrative laws.
The Michigan Board of Nursing has the authority to bestow licenses and discipline LPNs accused of violating laws and rules related to nursing. Additionally, Michigan laws provide the reasons that the Board of Nursing can use to justify disciplinary action against an LPN. The board must also follow a specific process for resolving complaints about LPNs in the state. If the board deviates from these rules, an accused LPN has the right to demand a fair and just process.
If you are a nurse working in a Michigan hospital, clinic, private home, or any other healthcare facility, you are operating within a highly regulated environment. Michigan's Division of Licensing and Regulatory Affairs issues reports on disciplinary actions, which include the names of disciplined nurses, details of their misconduct, and the type of license discipline imposed, be it suspension or revocation.
Will the Telling the Truth Be Enough?
Our defense of LPNs has shown us many instances where nurses were entirely innocent. Often, these professionals believed that simply presenting the truth—that they hadn't engaged in any behavior warranting discipline—would suffice as a defense. Fortunately, they made the prudent decision to enlist our legal team rather than rely on the impartiality and fairness of their nursing boards.
Unfortunately, the facts do not always sway the outcome in cases of nurse-specific disciplinary actions. Nursing boards frequently make errors and can issue unjust or inaccurate decisions for several reasons:
- They may neglect thorough investigations, failing to discover crucial facts, testimonies, and evidence that could influence the outcome.
- They might exhibit bias, favoring the complainant or unfairly targeting the accused.
- They often disregard key evidence or testimonies, especially those that could exonerate the accused.
- They sometimes fail to arrive at a fair conclusion after reviewing all the available evidence.
When facing disciplinary proceedings, it is critical not to take anything for granted. Allow a lawyer from our team to present all relevant facts and evidence, exploring every avenue to secure a favorable resolution for your case.
Grounds for Sanctions Against LPNs in Michigan
As an LPN in Michigan, you have several sets of rules to follow. The board can bring you up on disciplinary charges for violating a general duty, personal disqualification, unethical business practices, unprofessional conduct, and other prohibited acts.
Some examples of charges that could lead to sanctions for LPNs in Michigan include:
- Negligence or failure to exercise due care
- Incompetence in nursing practice
- Substance use disorder
- Mental or physical ability that adversely affects the ability to practice
- Conviction of a misdemeanor punishable by imprisonment for two years
- Conviction of a misdemeanor involving illegal delivery, possession, or use of a controlled substance
- Lack of good moral character
- Adverse administration action by a licensure board in another state
- Fraud or deceit in obtaining or renewing a license or registration
- Permitting a license to be used by an unauthorized person
- Practice outside the scope of the license
- Obtaining, possessing, or attempting to obtain or possess a controlled substance or drug without lawful authority
- Selling, prescribing, giving away, or administering drugs for other than lawful diagnostic or therapeutic purposes
- Misrepresentation to a consumer or patient concerning third-party reimbursement in professional practice
- Betrayal of a professional confidence
- Promoting an unnecessary drug, treatment, procedure, or service for personal gain
- Any conduct with a patient when acting as an LPN that is sexual or may be considered sexual
- Offering to provide practice-related services in exchange for sexual favors
As you can see, the board can charge you with a variety of different violations, some of which are largely open to interpretation. You may be accused of wrongdoing without even realizing you've done something wrong. It would be difficult to defend yourself properly when you're unsure about the violation you committed. Working with the Lento Law Firm to defend yourself can ensure that you fully understand the charges against you. Our team can also provide a strong defense tailored to your situation.
The Adjudication Process for LPNs in Michigan
When the Michigan Board of Nursing receives a complaint about an LPN, it uses an administrative disciplinary procedure to handle it. All complaints are taken seriously by the board and each one may go through five phases of the adjudication process: Investigation, formal complaint, consent agreement, hearing, and appeal.
Investigation
Once the Department of Licensing and Regulatory Affairs receives a complaint about an LPN, it appoints an investigator. This investigator must gather information by interviewing the complainant and witnesses. They also collect documents and other evidence and then compile everything into an investigation report. The board uses this report to determine if it should take further action or dismiss the case.
Formal Complaint
If the board believes there's sufficient evidence to support disciplinary charges, it files a formal complaint with the Michigan Office of Administrative Hearings. The charged LPN receives a notice and has 30 days to formally respond to the charges. Then, there's a compliance conference for all the parties to see if they can reach an agreement concerning the charges. If there's no agreement, the case moves to a formal hearing.
Consent Agreement
If the board reaches an agreement with the LPN, the LPN may have to complete certain requirements, such as going on probation or completing professional training. A consent agreement allows the LPN to avoid a formal hearing and, typically, harsher sanctions. Although this type of agreement may be the best option in some situations, it's not a solution for every LPN. If you work with the Lento Law Firm, our attorneys can advise on the best course of action to take.
Hearing
Cases that don't reach a consent agreement go to a formal hearing. An administrative law judge presides over the hearing, and both the accused LPN and the board can have legal representatives. Your attorney can call witnesses and present evidence, as well as cross-examine the board's witnesses. Once the hearing ends, the administrative law judge issues a decision, which the board accepts, rejects or remands for further information.
Appeals
Once the board reaches a decision, it issues a final order. However, you can move to have a final order reconsidered. You must submit the order to reconsider within 30 days of receiving the final order. The appeal must cite a material error in the hearing; the review committee won't grant a reconsideration order to reopen the same question. At the Lento Law Firm, our team can help you deal with the appeal to ensure it's submitted properly and on time.
By working with our Professional License Team, you can demystify the adjudication process for the Michigan Board of Nursing. We can walk you through each step so you'll know what to expect and provide guidance along the way.
Why Do You Need an Attorney from the Lento Law Firm for Your LPN License?
If you're wondering about the necessity of legal representation when facing professional sanctions, we urge you to consider the serious implications of such sanctions. The impact on your license, and by extension, your livelihood, is enormous. Our team can help you for several reasons:
- Low threshold for sanctioning LPNs: You may be required to refute allegations made against you, as the Michigan Board of Nursing might assume your guilt until your innocence is proven. Our team will develop and implement a proactive defense strategy for your license.
- Substantial resources of the Michigan Board of Nursing: Contesting a complaint through the Michigan Board of Nursing means you are essentially battling the state of Michigan. You deserve a law firm with the resources to fight effectively.
- Lack of familiarity with disciplinary proceedings: Many nurses we assist have never been through the disciplinary process. Our experienced team is well-versed in these proceedings and will prepare you thoroughly.
- Proven success in defending nurses: Our attorneys have a successful track record of defending nurses against license sanctions, providing reassurance in these challenging times. Our seasoned team is committed to diligently pursuing the best possible outcome for your case.
As you deal with the potential repercussions of license sanctions, our team will handle every facet of your defense, enabling you to maintain your focus on your personal and professional life.
How Our Firm Can Assist You
The Lento Law Firm Team is dedicated to clearing your name and preventing sanctions. Should sanctions become unavoidable, our objective is to minimize them as much as possible. To achieve these goals, our firm commits to the following actions:
- Determining the optimal outcome for your case: We recognize that some LPNs are wrongfully accused, while others may acknowledge mistakes or lapses in judgment during challenging times. We tailor our strategy based on these nuances to aim for the best possible resolution for you.
- Gathering crucial evidence and testimonies: Our approach involves a meticulous investigation of your situation, relying solely on firsthand information rather than third-party reports. The accuracy of evidence and witness accounts is critical, and we ensure thoroughness in this aspect of nurse licensure cases.
- Exploring settlements beyond conventional adjudication: We actively negotiate with Offices of General Counsel (OGCs) authorized to settle your case, often achieving efficient and favorable resolutions through direct negotiations.
- Guiding you through adjudication proceedings: Should your case require formal adjudication, we are fully prepared to support you. We'll represent you in hearings, accompany you to meetings, and promptly handle any necessary appeals.
- Pursuing further legal actions as needed: We are prepared to explore all legal avenues to protect your nursing license, including taking actions beyond standard appeals. We will discuss the best strategies tailored to your specific situation as it evolves.
With extensive experience working with professional licensing boards and their legal representatives across the nation, our firm is committed to securing the best possible outcome for you, tailored to your unique circumstances.
We Help LPNs Throughout Michigan
Our Professional License Defense Team helps LPNs living and working throughout Michigan, including in the following cities:
- Detroit
- Grand Rapids
- Sterling Heights
- Warren City
- Livonia
- Troy
- Westland
If you're facing disciplinary action concerning your LPN license in Michigan, our team is ready to help. Call us today to schedule a consultation.
Call the Lento Law Firm Team for Professional License Defense
Protecting your license should be a top priority, and our team is prepared to begin working on your case immediately. We will make the most of every moment you give us before any interviews, hearings, appeals, or legal proceedings start.
Contact the Lento Law Firm at 888-535-3686 today to discuss how we can defend your nursing license in Michigan. You can also reach out to us via our online form with your case details, and a team member will get back to you promptly.
