Maine Nurse Practice Act

The Maine Nurse Practice Act (NPA) is the Maine law granting the Maine State Board of Nursing (referred to simply as “the Board” going forward) its various powers and duties. If you're a nurse in Maine, understanding this law is important for many reasons.

For example, the Maine NPA outlines what nurses in the state can and can't do in their professional practices. A violation of the NPA could leave a nurse facing disciplinary action.

In some cases, the Board can take the type of disciplinary action that may prevent a nurse from continuing to practice in Maine. Even if the Board allows a nurse to continue practicing, it might place limitations on their license.

Our Professional License Defense Team at the Lento Law Firm understands the Maine NPA and how it can apply to discipline cases and similar matters. If you're ever in need of Maine nurse license defense services because of an alleged NPA violation, we're available to help. Learn more about what we can do for you by submitting your information via our online contact form or calling our offices today at 888-535-3686.

General Powers the Board Has Under the Nurse Practice Act in Maine

The Maine NPA grants the Board the following powers, duties, and authorities:

  • Adopting bylaws
  • Adopting a seal
  • Prescribing curricula for educational programs
  • Providing surveys for nursing educational programs
  • Approving nursing license applications in Maine
  • Denying nursing licenses
  • Issuing licenses, renewing licenses, and examining licenses
  • Prosecuting parties who violate relevant sections of the NPA
  • Keeping full records of all official proceedings
  • Submitting a budget to the Commissioner of Professional and Financial Regulation
  • Appointing executive and assistant directors (who must be qualified individuals who are NOT members of the Board)
  • Employing other individuals and parties as is necessary for the Board to carry out its duties
  • Setting aside funds, generating contracts, and obtaining goods and services as necessary for the Board to carry out its duties
  • Accepting federal funds under federal laws relating to programs the Board has authorized

Individual chapters of the Maine NPA also frequently contain a subsection indicating the Board has the authority to enact and enforce rules that may be necessary for the Board to exercise its authority and power.

The NPA essentially grants the Board the power to determine who does and doesn't get to become a nurse in Maine, assuming, of course, the Board doesn't violate someone's rights. If the Board is ever investigating you for an alleged violation of the NPA, it's important to defend yourself and your career against any such violations. Speaking up on your behalf when the Board appears to be violating your rights is just one way our Professional License Defense Team at the Lento Law Firm can assist you now.

The Maine Nurse Practice Act Grants the Maine State Board of Nursing Authority to Discipline Nurses for These Reasons

The Maine NPA grants the Board the authority to take the following types of disciplinary action against a nurse who's engaged in misconduct:

  • Warning
  • Censure
  • Reprimand
  • Refusal to issue a new license
  • Refusal to renew an existing Maine nursing license
  • Suspending a nurse's license
  • Revoking a nurse's license
  • Placing a nurse on probation
  • Placing restrictions or limitations on a nurse's license (which the Board may lift when a nurse satisfies certain conditions, such as completing a relevant training or educational course)

The Board can also enter into consent agreements with nurses who've been accused of misconduct. A consent agreement is similar to a plea deal in a criminal case. It involves a nurse agreeing that a violation occurred. Typically, the disciplinary action a nurse may face with a consent agreement is less harsh than they'd otherwise face.

It's also important to understand that the Board in Maine participates in the Nursys system. Through Nursys, nurse licensing boards in states across the country share information to facilitate easier licensing of nurses when they move from one state to another. However, Nursys also ensures that boards of nursing share information about disciplinary actions they've taken.

That means the disciplinary action the Board takes in Maine could affect a nurse's career outside of the state. Even if they move, a potential employer could learn of their past disciplinary issues and decide not to hire them. Depending on the nature of said disciplinary issues, a nurse might even struggle to get licensed in a new state.

Per the Maine NPA, the Board can take disciplinary action against a nurse for the following types of violations:

  • Engaging in fraud or deceit when obtaining a nursing license
  • Engaging in fraud or deceit in connection with services rendered under the nursing license one obtains/attempts to obtain
  • Misusing alcohol, drugs, or other such substances in a way that causes a nurse to endanger the public when performing nursing services
  • Having a professionally diagnosed mental or physical condition that can reasonably be expected to potentially cause a nurse to perform their duties in a manner that endangers public health
  • Aiding or abetting the practice of nursing by an individual who doesn't hold a Maine nursing license
  • Incompetence that indicates a nurse lacks the skill or ability necessary to perform certain nursing services/discharge their nursing duties
  • Incompetence that indicates a nurse lacks the knowledge or ability to properly apply the principles or skills necessary for safe treatment of patients
  • Engaging in unprofessional conduct, which means violating the standards of professional care for nurses in Maine
  • Being convicted of a crime that involves being dishonest or making a false statement
  • Being convicted of a crime for which one might face incarceration of one year (or more)
  • Being convicted of a crime that directly relates to the practice of nursing
  • Violating any terms of the Maine NPA or violating any of the Board's rules
  • Advertising nursing services in a false, misleading, or otherwise deceptive manner
  • Not complying with the requirements of the statute regarding the duty of medication prescribers and dispensers to check prescription monitoring information
  • Violating the Maine law that currently prohibits health professionals from offering conversion therapy to minors

Have you been accused of misconduct for which the Board may take disciplinary action? The nature of the alleged violation is just one factor that may influence the Board's decision regarding what types of disciplinary action (if any) you should face. Other potentially relevant factors include whether you've faced disciplinary action before, whether you're willing to enter into a consent agreement and more.

Having a proper defense is vital in these circumstances. At the Lento Law Firm, attorneys with our Professional License Defense Team will review the notice you should have received from the Board indicating you're under investigation for alleged misconduct. We'll help you thoroughly understand what you're accused of, and we'll provide information about how we can defend you (and your career) against these accusations during a case review.

The Scope of Practice for a Registered Professional Nurse Under the Maine Nurse Practice Act

The above section covers the types of misconduct that may result in a Maine nurse facing disciplinary action. It's also important for nurses in Maine not to operate outside their approved scopes of practice.

The NPA defines what different types of nurses in the state may and may not do when performing their professional duties. According to the Maine NPA, a registered professional nurse (or RN) is a professional who can engage in the practice of professional nursing, which may consist of:

  • Diagnosis and treatment of specific types of responses and symptoms (as the types of diagnostic services a nurse can offer are limited in comparison to the medical diagnosis a physician can offer)
  • Delegating certain tasks to licensed practical nurses (LPNs) when those tasks involved standardized procedures and a nurse could, therefore, reasonably assume delegating these tasks to qualified LPNs won't result in danger to a patient
  • Delegating certain nursing tasks to assistants to nurses if those assistants have either completed or are currently enrolled in educational programs that are sponsored by state-approved facilities or facilities that the ​​Department of Health and Human Services has licensed
  • Supervising and teaching member of a facility's nursing team
  • Administering medications and treatments that someone with the relevant legal authority has prescribed
  • Teaching daily living activities to care providers that patients and families have designated
  • Delegating certain tasks that may be performed by personnel who don't hold nursing licenses

Understanding your scope of practice as a nurse in Maine is critical. If you face disciplinary action because you've been accused of operating outside of it, our Professional License Defense Team at the Lento Law Firm is available to take on your case.

The Maine NPA Defines Additional Forms of Nursing in the State

Along with RNs, the NPA applies to the following:

  • Advanced Practice Registered Nurses (APRNS): An APRN is a professional in Maine who has all the powers and duties of a RN while also being authorized to deliver “expanded professional health care.” Part of being an APRN involves consulting with other medical professionals and personnel when doing so is in the best interests of a patient.
  • Licensed Practical Nurses (LPNs): A LPN must work under the direction of a RN or a legally authorized doctor, podiatrist, or dentist. They work in structured health care settings and may provide such services as health teaching, counseling, and care designed to support and restore a patient's health.
  • Certified Nursing Assistants (CNAs): A CNA performs duties assigned by a RN. To become a CNA in Maine, one must complete a training course featuring the curriculum the Board has prescribed.
  • Certified Registered Nurse Anesthetists: A certified nurse anesthetist is someone who handles various aspects of anesthesia practice under a physician or dentist.

In addition, the Maine NPA defines a “supervising nurse practitioner” as a certified nurse practitioner who meets the qualifications to serve as an APRN and has also:

  • Practiced for 24 months with the necessary approval and supervision as outlined in the NPA
  • Practiced as an APRN for at least five years while working in the same specialty throughout that time
  • Had at least 10 years of experience working in a clinical health care field
  • Received Board approval

It can sometimes be relatively easy to accidentally operate outside the scope of one's practice when you hold any type of nursing license in Maine.

For example, a RN who genuinely strives to provide patients with the care they deserve could accidentally delegate a task to someone not necessarily qualified to handle it. Improperly delegating a task could nevertheless cause a nurse to face disciplinary action, particularly if a patient is harmed or endangered as a result.

That's just one example of a scenario in which the Board might consider disciplinary action against a nurse for an alleged violation of the Maine NPA. If the Board is investigating you for potentially operating outside of your approved scope of practice, our Professional License Defense Team at the Lento Law Firm can help you guard against unnecessary or excessive disciplinary action against your license.

Get Help with a Case Involving an Alleged Violation of the Maine Nurse Practice Act

Our Professional License Defense Team at the Lento Law Firm has experience representing nurses facing disciplinary action for NPA violations in Maine. Some of the ways we can help now include:

  • Reviewing your case and answering any basic questions you may have
  • Handling all correspondence with the Board
  • Identifying holes or weaknesses in the story, evidence, or allegations against you
  • When necessary, investigating and gathering evidence to strengthen your side of the story
  • Representing you during hearings, interviews, and other instances during an investigation when you might meet with Board members
  • Helping you evaluate whether a consent agreement's terms are fair
  • Identifying mitigating factors that could give the Board reason to consider leniency in a discipline case

That said, we tailor our approach to every individual client. You'll gain a stronger sense of how we can assist you now by reviewing your case with a member of our team. Start today by calling our offices at 888-535-3686 or submitting your information via our online form.

CONTACT US TODAY

Attorney Joseph D. Lento and the Lento Law Firm are committed to answering your questions about Physician License Defense, Nursing License Defense, Pharmacist License Defense, Psychologist and Psychiatrist License Defense, Dental License Defense, Chiropractic License Defense, Real Estate License Defense, Professional Counseling License Defense, and Other Professional Licenses law issues nationwide.
The Lento Law Firm will gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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