If you suspect you're under investigation for disciplinary measures against your Practical Nursing (LPN) license, you should take it seriously. These actions can have serious ramifications on your nursing career. If you lose your license as a result of disciplinary action, it could impede your ability to practice in New York or any other state. Facing disciplinary proceedings for your LPN license presents a significant risk to your employment and overall career.
If you find yourself in this situation, it is important to seek representation from our team of Professional licensed defense attorneys. Don't hire local criminal defense lawyers who may not be well-versed in administrative licensing procedures and tactics. Instead, trust the Lento Law Firm to handle your licensure defense. Contact us at 888-535-3686 or complete our online form to schedule a consultation.
Disciplinary Sanctions the New Jersey Board of Nursing Can Take
The New Jersey Board of Nursing issues licenses to registered and practical nurses and adopts rules and regulations concerning the practice of nursing in the state. The board also accepts complaints from the public about nurses licensed in New Jersey and administers penalties for nurses who are found responsible for violating the rules. Anyone can file a complaint with the New Jersey Board of Nursing using an online form.
The board also has a list of disciplinary actions taken against nurses, with the name of the licensee, a copy of the penalty or consent order, and the date the action was issued. If you get accused of a violation and the board issues a penalty, anyone will be able to see it on the board's website.
In New Jersey, LPNs who are found responsible for violating laws and regulations governing nursing practice may receive penalties from the Board of Nursing. These penalties include:
- License revocation
- License suspension
- Refusal to renew a license
- Letter or warning, reprimand, or censure
- Civil (monetary) penalties
- Probation or warning
- Requirement to get professional treatment
- Requirement to submit to diagnostic testing
- Skill assessment
- Supervision of or limitations on nursing practice
The board can also issue a temporary order to suspend your license, which takes effect immediately. It can only take this action if it receives proof of a conviction of a crime of moral turpitude or believes you pose a threat to public health and safety.
The Truth May Not Be Enough to Exonerate You
Our Professional License Defense Team has seen several situations where nurses were completely innocent. Many of these individuals believed that simply telling the truth—that they didn't commit any actions worthy of discipline—would be enough to defend themselves. However, instead of relying on the objectivity and fairness of their licensing bodies, they wisely sought assistance from our legal team.
In disciplinary cases involving LPNs, the facts alone may not always be sufficient to sway the outcome. Nursing boards and licensing offices have been known to make mistakes and issue unjust or inaccurate decisions for various reasons.
- They may overlook crucial facts, testimonies, and evidence due to incomplete investigations.
- There may be biases towards the accuser or an unfair targeting of the accused to set an example.
- Significant evidence or testimonies that could prove the accused's innocence may be disregarded.
- A fair conclusion may not be reached after considering all available evidence.
When facing disciplinary proceedings, it's crucial not to take anything for granted. Allow a lawyer from our Professional License Defense Team to represent you. We will gather all the necessary facts and evidence to achieve a favorable outcome for your case.
Grounds for Sanctions from the New Jersey Nursing Board
LPNs in New Jersey must follow all laws and regulations concerning the practice of nursing. Violations of these rules are wide-ranging, from unethical conduct to substance abuse. The most common types of misconduct that can get LPNs in trouble with the board are:
- Unprofessional behavior: Unprofessional Conduct encompasses a range of actions, such as using inappropriate language, engaging in sexual harassment, or having an inappropriate relationship with a coworker, superior, or patient.
- Mismanagement of medications: LPNs must follow strict rules about drugs and medications. Offenses can include inaccurate record-keeping, diverting drugs meant for patients, taking medicines for personal use, or forging prescriptions.
- Neglect or mistreatment of a patient: Whether physical, verbal, sexual, or mental, or failure to provide timely and adequate care, patient mistreatment can lead to the suspension or revocation of a nurse's license.
- Fraud: Overcharging insurance, exaggerating qualifications, or falsifying patient records are examples of fraud. Depending on their severity, fraudulent actions can result in a reprimand or license suspension.
- Substance abuse: Excessive alcohol consumption or illicit drug use can raise doubts about a nurse's ability to provide appropriate care and may result in disciplinary action. The board may also require treatment for the LPN before returning to work.
- Criminal convictions: Crimes involving drug use or offenses of moral turpitude may disqualify an individual from obtaining or maintaining an LPN license.
Adjudication Process for LPNs in New Jersey
The New Jersey Board of Nursing must follow a standard procedure when dealing with disciplinary matters regarding LPN licenses. After receiving a complaint, there's an adjudication process to determine if the complaint has merit and whether the accused LPN is actually responsible for the alleged misconduct.
The process usually goes through five steps.
- Request for a written response
The board will inform you of the complaint and ask for a written reply. Your written reply is crucial as the board may drop the complaint without taking any further steps if you can offer a persuasive explanation backed up by evidence. Seeking assistance from the Professional License Defense attorneys at the Lento Law Firm can make crafting a compelling written response much easier.
- Investigation
Following the written reply, the board sends the complaint to a Preliminary Evaluation Committee (PEC), which will appoint an investigator to gather information and seek proof to substantiate the allegation. The investigation may involve conducting interviews with the individual who filed the complaint and other relevant parties, requesting documentation, and gathering evidence. It is also possible that you may be required to attend a hearing with the PEC and provide testimony under oath.
- Consent order
If the investigation reveals sufficient evidence to justify taking disciplinary action, the Board of Nursing may propose negotiating a consent order with you instead of holding a formal hearing. A consent order is a legally binding agreement in which you admit to any wrongdoing and agree to abide by the board's penalties as a definitive resolution. While a consent order may not be the ideal resolution in all situations, it could be a favorable choice in certain cases if it offers a way for you to regain your nursing license.
- Formal hearing
In the absence of a consent order, the subsequent step is a formal hearing. You will receive a summons to attend a hearing before an administrative law judge and provide reasons why the Board should not impose disciplinary measures. You have the option to retain a lawyer, and both parties will present evidence at the hearing. The judge will make a recommendation to the Board based on the evidence presented. The Board will then determine what disciplinary action to take, which could potentially involve revoking your license.
- Appeals
Once the hearing ends, the administrative law judge makes a decision and sends a report to the Board of Nursing. The head of the board then has 45 days to either adopt, reject, or modify the judge's decision. Once the agency adopts the final decision, you can file for judicial review.
The adjudication process for disciplinary matters with the Board of Nursing can be long and complex. If you've never gone through a similar procedure before, you may easily find yourself overwhelmed. The Lento Law Firm Team can navigate you through this process and ensure you understand what to expect at each step.
Our Professional License Defense Attorney Can Defend Your LPN License
If you're questioning the necessity of legal representation when facing professional sanctions, it's important to understand the gravity of the situation. Your license and career could be significantly impacted. Working with us can bring you several advantages:
- LPNs have a low tolerance for being sanctioned: You may have to defend yourself against allegations, as the nursing board may assume your guilt until proven innocent. Our team will develop and implement a proactive defense strategy for your license.
- The board has considerable resources: By challenging a complaint through the New Jersey Nursing Board, you're battling against a state agency. You deserve a law firm with the means to effectively fight for you.
- Limited knowledge of disciplinary procedures: Many of the LPNs we assist have not previously gone through the disciplinary process. Our team is well-versed in these procedures and will thoroughly prepare you.
- Proven success in safeguarding nurses: Our attorneys have a strong track record of protecting nurses from license sanctions and providing reassurance during difficult times. Our team is committed to diligently pursuing the best possible outcome for your case.
As you face the potential consequences of license sanctions, we will handle all aspects of your defense, allowing you to focus on your personal and professional life.
The Services Our Firm Provides You
The team at Lento Law Firm is committed to protecting your reputation and preventing any penalties on your license. If penalties cannot be avoided, we strive to minimize them to the greatest extent possible. To achieve these goals, our firm offers the following services:
- Determining the most favorable course of action for your case: We recognize that some LPNs may be wrongly accused, while others may have made mistakes or exercised poor judgment. Our approach is tailored to your circumstances to achieve the most favorable outcome for you.
- Gathering crucial evidence and testimonies: Our strategy involves conducting a thorough investigation of your situation, relying on first-hand information rather than second-hand reports. The accuracy of evidence and witness statements is crucial, and we take a meticulous approach to handling these aspects of LPN licensure cases.
- Exploring alternative settlements beyond traditional adjudication: We actively negotiate with authorized Offices of General Counsel (OGCs) to reach a settlement in your case, often resulting in efficient and favorable resolutions.
- Providing guidance throughout the adjudication process: If your case requires a formal adjudication, we are fully prepared to assist you. We will represent you in hearings, accompany you to meetings, and promptly handle any necessary appeals.
- Pursuing further legal actions as necessary: We are prepared to explore all legal options to protect your LPN license, including actions beyond standard appeals. As your situation evolves, we will discuss the most effective strategies tailored to your specific needs.
Our firm works with LPNs and other licensed medical professionals across the nation. We are dedicated to securing the best possible outcome for you, taking into account your unique circumstances.
We Help LPNs Working Throughout New Jersey
Our Professional License Defense Team can assist LPNs with license defense no matter where they're working and living in New Jersey, including in the following cities:
- Newark
- Jersey City
- Paterson
- Edison
- Woodbridge
- Clifton
- Trenton
- Camden
- Passaic
- Union City
- Bayonne
Even if you don't see your city or town listed above, our attorneys can defend your LPN license. Call us today to discuss the details of your case.
Contact Our Professional License Defense Team Today
Protecting your license should be of the utmost importance, and our team is prepared to act immediately. We'll use all possible resources to build a solid defense and equip you for disciplinary procedures, including interviews, hearings, appeals, or legal actions.
Contact the Lento Law Firm at 888-535-3686 now to discuss ways to safeguard your nursing license in New Jersey. You can also fill out our online form with your case information, and one of our team members will promptly reach out to you.ur LPN license.
