LPN License Defense in New York

If you've received notice that the New York Office of the Professions is taking disciplinary action against your LPN license, it is crucial to take it seriously. These proceedings can have severe consequences on your nursing career. Losing your license due to disciplinary action may prevent you from practicing in New York or any other state. Facing disciplinary action for your LPN license poses a significant risk to your job and overall career.

You should seek representation from our Professional License Defense attorneys if you're in this situation. Avoid hiring local criminal defense lawyers who may not be familiar with administrative licensing procedures and strategies. Instead, choose the Lento Law Firm. To get the necessary legal representation to protect your nursing license and career, contact us at 888-535-3686 or fill out our contact form.

The Disciplinary Authority of the New York Office of the Professions

In New York, LPN licenses are regulated by the Office of the Professions (OP). Within the OP, the Board of Regents is responsible for investigating complaints and carrying out disciplinary procedures. Some of the penalties that the OP can impose on LPNs who are found responsible for misconduct include:

• Censure
• Reprimand
• Fines of up to $10,000 for each violation
• License suspension
• Probationary terms for a licensee
• License revocation

The Office of the Professions also allows some licensed professionals to surrender their license voluntarily in place of receiving harsher penalties.

The OP website also has an electronic complaint form that allows anyone to submit a complaint against any LPN. Once the OP receives a formal complaint, it must review it to determine if it has merit and whether the Board of Regents should investigate further.

You Shouldn't Just Rely on the Truth

Our Professional License Defense Team has seen numerous cases where nurses were completely innocent. Many of these professionals believed that simply stating the truth—that they had not engaged in any actions deserving of discipline—would be enough to defend themselves. However, they wisely chose to seek assistance from our legal team instead of relying on the objectivity and fairness of their licensing bodies.

The facts are not always enough to sway the outcome in disciplinary cases involving LPNs. Nursing boards and licensing offices often make mistakes and may issue unjust or inaccurate decisions for various reasons:

• They may fail to conduct thorough investigations and overlook crucial facts, testimonies, and evidence.
• They may display bias towards the accuser or unfairly target the accused to make an example of them.
• They may disregard significant evidence or testimonies, especially those that could prove the accused's innocence.
• They may not reach a fair conclusion after considering all the available evidence.

When facing disciplinary proceedings, it is crucial not to take anything for granted. Let a lawyer from our Professional License Defense Team represent you. We'll gather all the facts and evidence to achieve a favorable outcome for your case.

Grounds for Sanctions Against LPNs in New York

The New York Office of the Professions can launch a disciplinary procedure against you if there's a complaint about unprofessional conduct. Some examples of conduct that could risk you losing your LPN license are:

• Abandoning or neglecting a patient in need of immediate professional care without making reasonable arrangements for the continuation of such care
• Willfully harassing, abusing, or intimidating a patient either physically or verbally
• Failing to maintain an accurate record of each patient
• Guaranteeing that your professional services will provide a cure
• Ordering excessive tests, treatments, or use of treatment facilities not warranted by the condition of the patient
• Claiming or using any secret or special method of treatment that you refuse to divulge to the nursing board
• Failing to wear an identifying badge that is conspicuously displayed and legible when offering health services to the public
• Arranging with a pharmacy to dispense coded or specially marked prescriptions
• Failing to use scientifically accepted infection prevention techniques concerning cleaning and sterilization
• Willful or grossly negligent failure to comply with federal, state, or local laws
• Exploiting a patient for financial gain
• Indirectly or directly offering, giving, soliciting, or receiving a fee or favor from a third party for a referral of a patient
• Permitting any person to share in the fees for professional services other than a lawfully designated person
• Conduct that displays moral unfitness
• Willfully making or filing a false report
• Revealing personally identifiable facts, data, or information obtained in a professional capacity

The above actions are only examples of what could get an LPN in trouble. Some violations are clear, but others are vague or open to interpretation. If you are accused of unprofessional conduct or another offense that puts your license at risk, you should hire the Lento Law Firm's Professional License Defense attorneys. We can explain the charges to you and help you defend yourself.

Adjudication Process for LPNs in New York

A majority of disciplinary actions against New York LPNs are started due to a formal complaint. Although the New York Office of the Professions allows anyone to make a formal complaint against a nurse in the state, it's typically patients, colleagues, fellow practitioners, and occasionally insurance companies who file these complaints. After receiving a complaint, the OP typically proceeds through the following stages of the disciplinary process.

Investigation

The OP starts an investigation to determine the validity of the complaint. This process typically includes conducting interviews with the accuser and any potential witnesses, scrutinizing relevant materials, and gathering evidence. If the investigation doesn't reveal enough evidence to support the allegation, the OP will dismiss the case. However, if sufficient evidence is found, the matter will be handed over to the New York State Education Department's Board of Regents for additional evaluation.

Consent Order

In specific circumstances, the Board of Regents may choose to present you with a consent order instead of conducting a formal hearing, especially if the evidence against you suggests the possibility of disciplinary measures. A consent order is a legally binding contract in which you acknowledge your misconduct and agree to abide by the Board's suggested disciplinary measures. While a consent order may not be suitable for everyone, it can be beneficial if it offers a way for you to regain your license.

Hearing

After the investigation is finished and there's no signed consent agreement, the Board of Regents meets to discuss the complaint and determine if disciplinary measures are required. You may be called to a hearing by the Board to explain why your license should not be revoked. You have the option to have a lawyer represent you at this hearing. The Board will decide if you're responsible for a violation and make a final decision on disciplinary action, which may involve revoking your license.

Appeal

You can request a reconsideration of the Board of Regents' decision. You have to send a written request to the Board of Regents, which will either accept or reject your request. If it accepts, it will ask you for affidavits and a written brief, but you won't have the opportunity to have another hearing or present oral arguments. A review committee within the Board of Regents examines the request to reconsider along with the supporting documents and makes a final determination.

When you work with the Lento Law Firm's Professional License Defense Team, you won't have to worry about whether you're following the adjudication procedures properly. We'll walk you through the process step-by-step and advise you on the best action to take.

How a Professional License Defense Attorney Can Help Your LPN Case

If you're wondering whether you really need legal representation when facing professional sanctions, we urge you to consider the severe consequences of such sanctions. Your license, and therefore your career, can be greatly impacted. Working with our team can benefit you in several ways:

• LPNs have a low threshold for being sanctioned: You may be required to defend yourself against accusations, as the New York Office of the Professions may presume your guilt until proven innocent. Our team will create and execute a proactive defense strategy for your license.
• The OP and Board of Regents have significant resources: By contesting a complaint through the OP, you are essentially fighting against the state of New York. You deserve a law firm with the resources to effectively fight on your behalf.
• Limited knowledge of disciplinary procedures: Many of the LPNs we help have not gone through the disciplinary process before. Our team is well-informed about these procedures and will thoroughly prepare you.
• Proven success in protecting nurses: Our lawyers have a strong track record of defending nurses against license sanctions, providing assurance as you go through a difficult time. Our team is dedicated to diligently pursuing the best possible outcome for your case.

As you deal with the potential consequences of license sanctions, our team will handle every aspect of your defense, allowing you to focus on your personal and professional life.

What Our Firm Can Do for You

The team at Lento Law Firm is dedicated to protecting your reputation and preventing license penalties. If penalties can't be avoided in your situation, we strive to minimize them as much as possible. To achieve these objectives, our firm provides the following services:

• Determining the most favorable resolution for your case: We understand that some LPNs are falsely accused, while others may admit to making mistakes or errors in judgment. Our approach is tailored to your circumstances to achieve the best outcome for you.
• Gathering essential evidence and testimonies: Our strategy involves a thorough investigation of your situation, relying solely on firsthand information rather than third-party reports. The accuracy of evidence and witness statements is crucial, and we ensure a meticulous approach in handling these aspects of LPN licensure cases.
• Exploring alternative settlements beyond traditional adjudication: We actively negotiate with Offices of General Counsel (OGCs) authorized to reach a settlement in your case, often resulting in efficient and favorable resolutions through direct discussions.
• Providing guidance throughout the adjudication process: If your case requires a formal adjudication, we're fully prepared to assist you. We'll represent you in hearings, accompany you to meetings, and promptly handle any necessary appeals.
• Pursuing further legal actions as necessary: We are ready to explore all legal options to safeguard your nursing license, including pursuing actions beyond standard appeals. As your situation evolves, we will discuss the most effective strategies tailored to your specific needs.

We work with LPNs and other licensed medical professionals nationwide. Our firm is dedicated to securing the best possible outcome for you, taking into account your unique circumstances.

Our Firm Assists LPNs All Over the State of New York

The Lento Law Firm Professional License Defense Team helps LPNs throughout New York, no matter where in the state you're living or working. In addition to New York City, we can help LPNs in the following cities:

• Hempstead
• Islip
• Buffalo
• Rochester
• Huntington
• Yonkers
• Syracuse
• Smithtown
• Albany
• Cheektowaga
• New Rochelle

If you've been accused of wrongdoing by the New York OP, our team can help you defend your license. Contact us today for a consultation.

The Lento Law Firm Provides Professional License Defense for LPNs in New York

Defending your license should be a primary concern, and our team is ready to take action right away. We'll use every available opportunity before any interviews, hearings, appeals, or legal proceedings to craft a strong defense and prepare you for the disciplinary process.

Get in touch with the Lento Law Firm at 888-535-3686 now to explore 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.