LPN License Defense in Nebraska

Licensed Practical Nurses (LPNs) play a crucial role in nursing practice for many Nebraskans. They provide essential care to underserved areas of Nebraska and are an integral part of the state's healthcare system. Due to the increasing needs of an aging population, there is a high demand for LPNs, a trend expected to continue. However, these hard-working nurses sometimes face the risk of losing or having their license suspended.

If you are an LPN facing disciplinary action or a challenge to your license, it is essential that you have the support of the experienced team at the Lento Law Firm. The Lento Law Firm consists of some of the country's most experienced attorneys in medical license defense, and they have successfully represented numerous nurses, including LPNs. A nurse facing discipline should not “wait and see” about charges because the earlier in the process the Lento Law Firm Professional License Defense Team is involved, the better. Call the Lento Law Firm today at 888-535-3686 or provide your details online, and we will contact you.

Nebraska Board of Nursing And Department of HHS Powers

The practice of nursing in Nebraska is overseen by two key entities: the Nebraska Board of Nursing (the Board) and the Nebraska Department of Health and Human Services (the Department). While the Nursing Board primarily serves as an advisory body, the Department holds significant power in handling license issues and overseeing disciplinary cases. LPNs should be aware that the Department has considerable latitude in taking action against them in Nebraska.

Actions the Department Can Take Against Your License

After providing an LPN the opportunity to defend their license at a hearing, the Medical Director of the Department may dismiss the action outright or may impose the following sanctions:

• Censure
• Probation
• Limitation
• Civil penalty
• Suspension
• Revocation.

The Director may order the following types of limitations as a condition of continued practice:

• Additional training or passing an examination after training.
• An examination by a doctor for diagnosis.
• A limitation on the extent or scope of practice of nursing.

Nursys Database

This database allows the user to look up a nurse's disciplinary history. Nebraska is a member of the Nurse Licensure Compact (NLC) and reports all disciplinary actions into Nursys. This means that charges beginning in Nebraska will likely affect your licensure in other states. An LPN must never ignore charges and move to another state. Charges from Nebraska may follow you to other states indefinitely. LPNs have no choice but to fight charges when and where they come up.

Grounds for Sanctions to LPNs in Nebraska

The following are grounds for sanctions against nurses in Nebraska:

• Fraud. This includes lying in an application for a license or in order to keep the license.
• “Immoral or dishonorable conduct” showing unfitness to be a nurse.
• Abuse of drugs or alcohol, including failure to comply with a treatment plan under the Licensee Assistance Program. This includes practicing while under the influence of drugs or alcohol.
• Criminal Convictions: This includes conviction of a misdemeanor or felony with a “rational connection” to the practice of nursing and any violation of the Controlled Substances Act.
• Gross incompetence or negligence or with a pattern of such conduct.
• Mental or physical incapacity, including illness that impairs the ability to practice nursing.
• Discipline in another state affecting credentials.
• Unprofessional Conduct. This is a failure to conform to prevailing practices or ethics in the profession. Unprofessional conduct includes the following:
• Assisting in the care of a person without their consent.
• Performing, procuring, or assisting in an illegal abortion.
• Disclosure of confidential information.
• Sexual abuse or exploitation.
• Providing or selling a controlled substance or addictive drug for other than a medical purpose.
• Criminal charges for violation of law or regulation.
• Disruptive behavior that interferes with patient care.

Drug or Alcohol Use or Dependence

The most common allegations against nurses are often related to alcohol or drug use. The Department may take action against a nurse for drug or alcohol use while working, drug or alcohol dependence, or substance abuse issues.

Nebraska license law defines dependence as a “pattern of drug or alcohol use” that involves three or more of the following:

• Tolerance, or the need for increased amounts of drug or alcohol.
• Withdrawal, including classic withdrawal or use of drugs or alcohol to prevent withdrawal.
• Unsuccessful attempts to stop the use of drugs or alcohol.
• Significant time spent to obtain or use drugs or alcohol or loss of time recovering from use.
• Giving up activities because of alcohol or drug use.
• Continued use despite significant mental or physical health issues.

The licensing statute defines alcohol or substance abuse as a pattern leading to impairment or distress and involving:

• Failure to fulfill responsibilities at work, home, or school because of drug or alcohol use.
• Use in situations where it is hazardous.
• Legal problems related to drug or alcohol use.
• Continued use despite social or relationship problems related to drug or alcohol use.

Other drug issues include illegal acts, including diversion of medication and violations of the Controlled Substances Act, which prohibits illegal use of narcotics.

If you face discipline related to allegations of drug or alcohol use, dependence, or other substance abuse issues, call the Lento Law Firm. You can take steps to protect your license in the face of these accusations.

Innocence Does Not Guarantee a Good Outcome

LPNs accused of misconduct or incompetence shouldn't assume that their innocence will prevent them from losing their license. Sometimes, investigations are done improperly, and officials may assume guilt without considering your perspective. If you've been accused of any listed grounds for losing a license, it's crucial to contact an attorney as soon as possible. The state has many resources, and you may face challenges without an attorney on your side.

Factors in Determining Sanctions

When the Department considers whether to take action against an LPN license, the Department must consider the following factors:

• The nature of the offense.
• The need to send a message to others for deterrence.
• The effect that the violation has on the reputation of nursing.
• Whether public safety is involved and the need to protect the public.
• The attitude of the offender.
• The fitness of the offender to continue to practice.

Poor v State 266 Neb. 183, 195, 663 N.W.2d 109, 118-19 (2003).

Additionally, the Medical Director may take additional factors into consideration, including:

• Whether multiple victims are involved.
• Whether there was a substantial risk to a person due to the conduct.
• The extent of injury of the victim.
• Whether the victim was a person with special vulnerability because of age or disability.
• Whether abuse of trust was present.
• Prior disciplinary action.

184 Nebraska Admin. Code 1-013.03 E1

Complaint Process

When a complaint is filed against a nurse in Nebraska, the process involves the Department, the Board of Nursing, the Attorney General, and the Department's Medical Director. While this process can be difficult to understand and follow, this flowchart of the complaint process may help. The Uniform Credentialing Act governs the entire process, and the state must ultimately prove through clear and convincing evidence that the disciplinary action is warranted.

Step One - Investigation

The Department will conduct an initial assessment to determine if the allegations warrant a formal investigation. During this process, the Department will review the relevant time period and assess whether the allegations are serious enough to warrant disciplinary action.

If a formal investigation is initiated, the Department will review documents and gather witness testimony to evaluate the validity of the complaint. This investigation may be lengthy and could involve interviews with colleagues or supervisors.

Upon completion of the investigation, the Board may choose to either dismiss the complaint or refer it to the Board of Nursing for further action.

Step Two – Board of Nursing Review

If the Department decides to refer your case, the Board of Nursing can decide to dismiss the complaint, attempt to resolve the complaint with the LPN, or make disciplinary recommendations to the Attorney General (AG). At this stage, the Board may offer a Consent Order or a formal agreement to settle your case. No LPN should sign a Consent Order without consulting an experienced License Defense Attorney.

Step Three - Attorney General Review

The Attorney General (AG) may choose to file a Petition with the Department to seek formal disciplinary action. The AG can attempt to settle your case before the hearing, which could involve asking you to voluntarily surrender your license or restrict the scope of your nursing practice. It's important to never voluntarily surrender your license without consulting an experienced attorney. Another option the AG might offer is a Consent Order, where you agree to a particular outcome or course of conduct in order to keep your license. This could include undergoing drug or alcohol treatment and testing, taking additional classes or education, or voluntarily limiting your practice. The AG may also require you to agree to an “assurance of compliance,” which is a warning that demands further education or improvement in essential areas.

At this stage, it is crucial to have legal representation. Your attorney can advise you on whether a negotiated settlement or signing a consent order is in your best interests. By consulting an attorney before signing a document that compromises your license, you can avoid lingering doubts and questions. It's important to note that consent orders and other settlement agreements are reported to Nursys.

Step Four – Hearing

If the AG cannot settle your case, it will refer the matter to the Department's Medical Director (sometimes referred to as the Chief Medical Officer) for a hearing. The Medical Director will set the hearing date and time and notify you. An Administrative Judge (AJ) will act as the hearing officer, oversee the hearing, and make findings. These findings will be sent back to the Medical Director.

Step Five – Review by Medical Director

The Department Medical Director must approve any settlement agreement made by the parties. If you do not agree to settle your case, the Medical Director can either dismiss it or impose sanctions. These include limits on your license and suspension and revocation of your license.

Step Six – Appeal to District Court

If the Medical Director takes action against your license, you have the right to appeal this action to the District Court.

How the Lento Law Firm Can Help

Attorneys at the Lento Law Firm are some of the country's most experienced license defense counsel. They have represented countless medical professionals, including doctors, APRNs, and CRNAs.

Whether you work in Omaha, Lincoln, or any other area of Nebraska, the Lento Law Firm can represent you in defending your LPN license.

How Does the Lento Law Firm Defend You?

The Lento Law Firm Professional License Defense Team will be with you every step of the way as we defend your license and reputation. The Lento Law Firm will:

1. Review the allegations against you and advise you of your best course of action.
2. Prepare a response to the accusations against you for the Department or the Board. At this point, counsel will formulate your defense strategy.
3. Protect your position during the Investigation process.
4. Seek early dismissal of your complaint.
5. Negotiate for settlement at each stage and advise you on the merits of settlements or consent orders.
6. Represent you at the hearing, if necessary, including opening and closing statements, examination of witnesses, cross-examining agency witnesses, and all other hearing tasks.
7. After the hearing, negotiate for a reduction of any discipline imposed.
8. If necessary, assist you with issues of compliance or appeal.

If you have progressed through the process without an attorney, the Lento Law Firm can still help, but you must call as soon as possible. The Lento Law Firm Professional License Defense Team will vigorously fight to defend your license. Don't go it alone before the Board or Department. We can help you negotiate with the state to achieve the best outcome possible. Call us today at 888-535-3686 or submit your details online, and we will contact you.