Receiving a notification from the North Carolina Board of Nursing regarding disciplinary measures against your LPN license is a serious matter. These proceedings can have significant repercussions on your nursing career. Losing your license due to sanctions can impede your ability to practice not only in North Carolina but also in other states. Facing such disciplinary actions poses a substantial risk to your job and professional future.
In this situation, it's essential to seek representation from our Professional License Defense attorneys. Avoid hiring local criminal defense lawyers who may lack knowledge of administrative licensing procedures and strategies. Instead, trust the Lento Law Firm for reliable legal representation. To protect your nursing license and career, contact us at 888-535-3686 or fill out our contact form.
Disciplinary Actions the North Carolina Board of Nursing Can Take
North Carolina's Nursing Practice Act empowers the Board of Nursing to pursue disciplinary charges against any nurse violating its rules and standards. The board has the authority to administer appropriate disciplinary action against all licensees who are found to violate the Nursing Practice Act.
Any LPN or licensed nurse in North Carolina can face sanctions if the board determines they've committed wrongdoing. These sanctions include:
- Probation with or without conditions
- Limitations or conditions posed on nursing practice
- Accepting voluntary surrender of a license
- Public reprimand
- Issuing a public letter of concern
- Requiring satisfactory completion of a treatment program or remedial educational training
- Denying or refusing to renew a license
- Issuing a fine
- License suspension
- License revocation
North Carolina's Board of Nursing is diligent in its license discipline obligations, regularly investigating and disciplining nurses. The board annually publishes reports listing the names, disciplinary actions, and misconduct findings of hundreds of nurses. These reports reveal the diverse grounds on which the board disciplines nurses. If you are facing disciplinary charges, do not underestimate the board's commitment to enforcing its standards.
The Truth Is Not Enough to Exonerate You
Our Professional License Defense Team has encountered nurses who were completely innocent. They believed that simply stating the truth and asserting they hadn't committed any actions warranting discipline would suffice with their nursing board. Often, it doesn't work out that way. These professionals wisely sought assistance from our legal team rather than relying on the objectivity and fairness of their licensing bodies.
Unfortunately, presenting all the facts may not always be enough to influence the outcome in disciplinary cases involving LPNs. Nursing boards and licensing offices are prone to errors and may issue unjust or inaccurate decisions for several reasons:
- They may not conduct thorough investigations, omitting crucial facts, testimonies, and evidence.
- They may unfairly target the accused to set an example.
- They may disregard significant evidence or testimonies.
- They may not reach a fair conclusion even after considering all 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 will gather all necessary facts and evidence to pursue a favorable outcome for your case.
Grounds for Sanctions for LPNs in North Carolina
The North Carolina Board of Nursing can take action against your LPN license if you are found responsible for a violation of the Nursing Practice Act. Some examples of violations include:
- Giving false information when attempting to procure a license
- Conviction of or guilty plea to a crime that indicates you are unfit or incompetent to practice nursing
- Illness, excessive use of drugs or alcohol, or physical or mental abnormality that makes you unable to practice nursing
- Conduct that endangers the public health
- Deliberate or negligent acts or omissions concerning patients
- Deceiving, defrauding, or harming the public while engaging in professional activities or services
- Unprofessional conduct that is nonconforming to the acceptable standards of the nursing profession
- Acts of dishonesty, injustice, or immorality while engaged in nursing practice
- Having a license or privilege to practice nursing denied, revoked, suspended, or restricted in another jurisdiction
- Failing to respond to the board's inquiries in a reasonable manner or time regarding any matter concerning your license
North Carolina's Nursing Practice Act authorizes the Board of Nursing to discipline nurses on various specific and general grounds, many of which are broad and vague. Unfortunately, many disciplinary charges are particularly subjective. One of the primary roles of defense counsel is to ensure that the disciplinary charges are clearly specified, allowing you to understand exactly what you are facing and must refute in your disciplinary proceeding.
Nurse Licensure Compact
Unfortunately, your North Carolina nursing license is not the only thing at risk in a disciplinary proceeding. North Carolina is one of the thirty-nine states participating in the Nurse Licensure Compact, which allows your North Carolina nursing license to qualify you for LPN practice in other Compact states.
However, if your North Carolina license is disciplined, it disqualifies you from practicing in those other Compact states. North Carolina disciplinary officials will report any discipline to the Compact's national Nursys database, which employers and licensing officials across the U.S. can search.
Reports in the database can impact your ability to obtain a nursing license in other states and affect your career prospects nationwide. It is crucial to defend your North Carolina nursing license with the best available license defense representation to protect your ability to pursue your nursing career throughout the U.S.
Adjudication Process for LPNs Accused of Wrongdoing in North Carolina
The North Carolina Board of Nursing must follow legal procedures when disciplining LPNs and other licensed nurses. You must have due process, and the board cannot take any serious actions without notifying you of what you've allegedly done wrong. You must also have the chance to dispute the allegations against you.
Complaint
Complaints against LPNs can come from anyone, including patients, families of patients, colleagues, supervisors, the public, the media, insurance companies, or court filings. The board reviews every complaint it receives to see if it has merit and if the complaint falls under the board's jurisdiction.
Investigation
If the Board of Nursing suspects that the complaint against you is valid, it launches an investigation. At this stage in the process, the board notifies you of the complaint against you. The North Carolina Board of Nursing encourages accused LPNs to retain legal counsel as soon as they learn about an investigation. The board can then communicate with you via your attorney.
If you hire the Lento Law Firm, our team can take care of supplying evidence to the investigator. The evidence they ask for could include witness statements, records, or other information. You and your attorney have the right to review all the evidence gathered by the investigator.
Consent Agreement
At the end of the investigation, the board may offer you a consent hearing. You can avoid a formal hearing and the risk of discipline in the hearing decision. If you accept, however, you may have certain conditions to meet, such as additional training or completing a treatment program. You may also have to accept responsibility for the accusations against you.
Hearing
If your case proceeds to a formal hearing, your attorney can represent you. The board will designate three of its members to hold the hearing. Your attorney will be able to present evidence and cross-examine witnesses, as well as file a hearing brief.
At the end of the hearing, the board's hearing committee writes a decision. It's not a final decision, however. It's only a recommendation that gets sent to the Board of Nursing. The board can either approve or reject this decision.
Appeal
The board may approve the decision, meaning it takes effect—along with the proposed sanctions. The process doesn't end here, however. You can still file an appeal in the superior court of the county where you reside or where the Board of Nursing maintains its office. You have 30 days from the board's approval to file an appeal.
This disciplinary process can be overwhelming if you've never experienced it before. The appeal process can be especially technical and requires following specific legal procedures. Our Professional License Defense Team can assist you at every step, ensuring you go through the process correctly and improving your chances of a favorable outcome.
Our Professional License Defense Attorneys Can Help
If you're uncertain about whether you need legal representation when facing professional sanctions, consider the severe consequences these sanctions can have on your license—and, by extension, your career. Partnering with our team offers several key advantages in areas you might struggle with:
- Low threshold for sanctions against LPNs: You may find yourself defending against accusations, with the board potentially considering you guilty until proven innocent. Our team will develop and implement a proactive defense strategy for your license.
- Substantial resources of the board: Contesting a complaint through the North Carolina Board of Nursing means you're effectively up against the state. You need a law firm with the resources to effectively fight 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 are 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.
Our Team Provides You with LPN License Defense Service
The team at the Lento Law Firm is dedicated 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 provides 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.
Our Team Helps LPNs In Every City In North Carolina
The Professional License Defense Team at the Lento Law Firm can assist you with an LPN licensure issue no matter where you're living or working in North Carolina, including:
- Charlotte
- Raleigh
- Greensboro
- Durham
- Winston-Salem
- Fayetteville
- Cary
- Wilmington
- High Point
- Concord
Get in touch with the Lento Law Firm today to see how we can help you with your LPN license defense matter.
We Defend LPNs in North Carolina
Defending your license should be your top priority, and our team is ready to take immediate action. We'll help you prepare before any interviews, hearings, appeals, or legal proceedings to ensure you know what to expect. We'll also 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.6.
