Being a Licensed Practical Nurse (LPN) or Licensed Vocational Nurse (LVN) in Alaska is a solid career choice with a high demand for nurses and opportunities for growth. Your license allows you to practice in one of the most exciting states in the country and benefit from the perks unique to the last frontier. But when allegations of wrongdoing threaten to strip you of your license, you must act quickly to save your career, reputation, and future. Your means of income and livelihood are at stake, leading to issues that affect you in the short and long term.
There are plenty of reasons why an LPN-VPN nurse may lose their licenses. Although a system is established to deal with any issues, staying prepared and working with professionals who understand the implications of losing your license is essential. Although you may assume you can take on the Board of Nursing alone, that is not the best choice. After conducting a thorough investigation, the Board will be ready with their attorneys and evidence, placing you at a disadvantage when alone and unprepared.
Don't take the matter lightly, as your livelihood is threatened, and your reputation is at stake. You risk losing your license and your professional reputation. Contact the Lento Law Firm Professional License Defense Team at 888-535-3686 or click here to send a message to learn more about your options.
Authority of the Alaska Board of Nursing
The Alaska Board of Nursing is given authority by the Alaska Department of Commerce, Community, and Economic Development through the Division of Corporations, Business, and Professional Licensing.
According to the official site, the Alaska Board of Nursing makes final licensing decisions and disciplinary action against nurses who violate licensing law. The department published the Occupational Licensing Centralized Regulationhandbook, which includes information on all matters related to your license and the process for investigating issues.
The Board of Nursing Discipline has a public database that is updated every month. If your name is placed on this list, it remains permanently and may cause substantial issues when your name or license number is searched.
Board Structure
According to the Centralized Licensing Statutes, the Board is comprised of members appointed by the governor of Alaska. These members meet four times a year to discuss their duties and allow the public to comment after each meeting.
Public members may not engage in occupations regulated by the Board or be associated by legal contract with any of its members. They also may not have a direct financial interest in the nursing occupation or any occupations the Board manages.
The members may serve on the Board for four years and continue to serve until a successor is appointed to fill their vacancy. If a former member wants to serve on the Board again, they must wait until four years have passed.
Besides administrative duties, the Board also has disciplinary powers, including:
- The power to permanently revoke, suspend, remand, or censure a license
- Require that a nurse's license be submitted for peer review
- Require nurses to undergo remediation or training to resolve knowledge and skill gaps
- Impose probation
- Impose civil fines that do not exceed $5,000.00
Disciplinary Process
The disciplinary guidelines in the Nursing Statutes handbook provide an overview of grounds for the denial of your license, dealing with violations, enforcing the disciplinary policies, and other important information related to your license. All nurses are entitled to a hearing under the Administrative Procedure Act.
Actions Leading to Penalties
The Board has the authority to revoke your nursing license if you commit the following general actions:
- Committing a second-offense violation
- If you violate the probationary terms resulting from a previous offense
- If you are convicted of a crime or felony or committed any crime that substantially relates to your qualifications, functions, or duties as a nurse
- Engaging in the habitual abuse of controlled substances or alcoholic beverages to the extent that it interferes with your ability to perform your duties
- If you fail or refuse to participate in a rehabilitation program approved by the Board
- Impersonating a healthcare provider
- Intentionally or negligently partaking in conduct or actions that pose a significant risk to the health, safety, and injury of a client
- Engaging in unprofessional conduct if the health, safety, and welfare of a client is at risk
- Demonstrate professional incompetence, or if the incompetence results in a significant risk to the client
- Willfully or repeatedly violating a statute imposed by the Board
- Denying care or treatment to a person seeking assistance because they failed to or refused to agree to arbitrate
In addition to the guidelines above, the Board also imposes penalties on nurses who engage in unprofessional conduct. This segment has 42 actions listed, including:
- Failing to use sufficient knowledge, skills, or judgment in your practice
- Taking on roles and duties without being sufficiently prepared or if you do not have the required competency
- Knowingly assigning or delegating a role to a nurse who does not have the proper qualifications
- Failing to provide adequate supervision over those who are only qualified to practice their duties under the supervision of a licensed professional
- Failing to perform actions within your scope of duties that prevent substantial risk or harm to the patient
- Violating confidentiality terms
- Neglecting or abusing a patient
- Discrimination on the basis of race, religious creed, national origin, ancestry, or gender
- Harassment and disruptive behavior
Since there are multiple interpretations and conduct violations possible, knowing your rights and having the right defense team by your side helps tremendously when you are facing a hearing or disciplinary sanctions.
Although you may assume you can defend your actions without help, this is not the wisest decision. When you have a team of professionals like the Lento Law Firm Professional License Defense team by your side, you decrease the chances of receiving harsh sanctions and life-changing penalties.
Adjudication Process
Any person who believes that a nurse is committing a violation or engaging in unprofessional conduct must submit a complaint to the Division of Investigations for Professional Licensing. The site page also includes information on the specifics of the Investigation Process.
The Board can only review a complaint if the report has a detailed summary of the alleged violation and includes documentation or witnesses that support the claims made in the report.
Review and Investigation
Once the Board receives the complaint, they assign investigators to review the contents of the complaint and the alleged violation. This is a preliminary investigation that determines whether the complaint holds weight. During this process, a letter may be sent to the licensee against whom the complaint is filed. The letter provides notice of the complaint and the allegations against you and may request that you provide records, attend an interview, or submit a response as deemed applicable by the Board.
If the complaint presents an immediate threat to public safety, priority is given to the report. During this process, the Board may also require information or evidence from the complainant, the licensee, or any businesses or governmental agencies, state boards, witnesses, and related parties that may help with the investigation.
After the investigators gather evidence or information about the allegations, the matter is sent for review by the Chief Investigator and, in some cases, a Board liaison, two Board members, or an expert in the field. The results of the review may result in:
- A recommendation that more information be obtained
- There is no sufficient information, and that the case be closed
- That the case continues forward.
The persons responsible for this review and recommendation process do not determine the guilt or innocence of the licensee but only review the complaint to determine whether the allegations hold weight and are supported or uncontested by sufficient evidence.
If the complaint is supported by evidence as determined by the Board, it proceeds to become an official case or investigation. Once an investigation is opened, the licensee is notified that they are under official investigation by the Board.
Deposition of Cases
The majority of cases are resolved through a Consent Agreement or an amicable settlement that does not involve a public hearing. However, if the case cannot be resolved successfully, or if an agreement with the licensee is not possible, the matter escalates to an investigators' counsel, an Assistant Attorney General (AAG), for review and possible litigation.
Once an accusation is filed, the licensee is entitled to a hearing on the charges made against them. The AAG may also approach the licensee to negotiate a settlement before the hearing after receiving guidance from the Board. All parties involved in the case may be requested to appear and testify at the hearing, which is conducted by the Office of Administrative Hearings (OAH).
Once the heating ends, the OAH gives the Board a proposed decision and order. The Board ultimately chooses to adopt, reject, or modify any decision or order. Fortunately, the licensee may also appeal to the Superior Court if they disagree with the actions taken by the Board.
Disciplinary Sanctions
The Nursing Statutes handbook lists the following sanctions as possible penalties for nurses who commit violations. Sanctions may be assigned on a solo basis or can be combined. These include:
- Permanently revoking your nursing license or permit to practice
- Suspending your license for a specific time frame
- Censuring your nursing license
- Issuing a Letter of Reprimand
- Imposing limitations or conditions on your license
- Imposing a peer review
- Imposing professional education requirements
- Imposing probation and requiring the licensee to report to Board members regularly
- accept the voluntary surrender of your license
- Withdraw probation status
- Summarily suspend a licensee before a hearing or appeal
- Reinstate the license that has been suspended or revoked after a hearing
- Return a license that has been voluntarily surrendered if the person who surrendered it is deemed to be competent to practice.
- Seek consistency in the application of sanctions.
Whether your sanctions are minor or lead to a suspension or revocation of your license, preventing allegations from tainting your license is paramount to continue engaging in your career without issue. Without the help of the Lento Law Firm Professional License Defense Team, you may lose your license, money, time, and effort you put into becoming the nurse you are today.
Contacting the Lento Law Firm License Defense Team
Your job as a nurse is an exciting, stressful, and highly scrutinized role that leads to countless interactions with people every day. You're in a position of public trust, and the actions taken against you will remain permanently on your license. With so much that can go wrong and your career at stake, never take a chance to deal with the issue alone when accused of wrongdoing.
The Lento Law Firm License Defense Team understands your concerns and the implications that sanctions can have on your life and reputation. With their compassion, knowledge, and eye for detail, the Lento Law Firm Professional License Defense Team works tirelessly to help decrease the chances of you losing your license.
Never retaliate or let anger or fear prevent you from making the right choice. You owe it to yourself, your family, and your patients to fight for your license and clear your name from wrongdoing and allegations. With the Lento Law Firm Professional License Defense Team by your side, you can do so with a clear head and a shoulder to rely on when everything seems to be working in your favor.
Don't let allegations of wrongdoing strip you of your LPN-LVN license. Your livelihood and reputation are on the line. Call the Lento Law Firm Professional License Defense Team now at 888-535-3686 for answers and guidance, or send the team a message to learn more about how to tackle your case.
