Learning that a complaint has been filed against your Maryland nurse practitioner license is upsetting. Handling the disciplinary process can be daunting whether you were expecting the complaint or it is a complete shock. But just as you have dedicated yourself to countless patients, the Lento Law Firm Professional License Defense Team is here to care for you. When you retain the Lento Law Firm, your attorney will guide you through the disciplinary process from start to finish. We will fight tooth and nail to get you the best possible outcome and limit or eliminate threats to your nurse practitioner license. To learn how the Lento Law Firm can help you, call 888-535-3686 or contact us online.
Maryland Nurse Practitioner Regulatory Body
The Maryland Board of Nursing regulates all nursing professions in the state, including nurse practitioners. It has many responsibilities, including those related to nurse practitioner licensure and disciplinary actions. The Board of Nursing is comprised of 14 members, most of whom hold active Maryland nursing licenses.
Maryland Nurse Practitioner Disciplinary Action Process
The Board of Nursing's disciplinary action process can take weeks or even months to resolve. The process is stressful, but your Lento Law Firm attorney will walk you through every step of the process and answer any questions you have. While every case is different, the disciplinary action process will generally follow this trajectory:
Complaint
The Board of Nursing accepts complaints of misconduct related to nurse practitioners and all other types of nurses operating in Maryland. Patients or their loved ones often make complaints, but it is common for complaints to be made by colleagues or those in your workplace, such as your supervisor, administrator, or co-worker. No restriction exists on who can file a complaint; complaints may come from physicians, law enforcement, and even concerned citizens. The Board of Nursing does not accept anonymous complaints. The person alleging misconduct against you must complete and sign the complaint form. Complaints are received by email, mail, or fax.
Through the complaint form, the Board of Nursing requests the nurse practitioner's information, the complainant's information, the complainant's relationship to the nurse practitioner, a list of witnesses to the alleged misconduct, and a description of the event or incidents. It also encourages the complainant to identify and submit any evidence they have supporting the complaint. Evidence will vary based on the nature of the complaint but may include witness statements, medical records, administrative records, personnel records, facility policy documents, controlled substance logs, and toxicology reports.
The Board of Nursing will review all misconduct complaints to ensure it has jurisdiction over the case. If the complaint alleges a violation of relevant nurse practitioner laws and regulations, it will open an investigation.
Contact the Lento Law Firm Professional License Defense Team as soon as you learn a complaint has been filed against you. The Board of Nursing will take all complaints seriously. Even if the allegation against you seems minor, any disciplinary actions the Board of Nursing takes against you can have severe short- and long-term consequences.
Investigation
The Board of Nursing will assign an investigator to your case. Investigations will include gathering any additional evidence needed that was not submitted with the complaint or following up with questions regarding the evidence submitted. You, the complainant, witnesses, and your supervisor will likely be interviewed during this process. Your Lento Law Firm attorney will get to work ensuring your legal rights are protected throughout the investigation.
At the end of the investigation, the Board of Nursing will review the investigation materials and determine if further action is warranted. If the Board of Nursing believes a violation has occurred, it will send you either a Notice of Agency Action or an Order of Summary Suspension and Notice of Agency Action.
Response
You have 15 days from receiving the Notice of Agency Action to submit a response using the Board of Nursing's Complaint Response Form. Getting a Notice of Agency Action can be stressful, and you may feel too overwhelmed to answer, but failing to respond will have consequences. Your response is your first opportunity to defend yourself before the Board of Nursing. While answering the Complaint Response Form questions may seem straightforward, you should only draft or submit your response with guidance from your Lento Law Firm attorney. Your attorney will help you present your argument in an effective manner that paints you in the best possible light.
Orders of Summary Suspension
An Order of Summary Suspension and Notice of Agency Action immediately suspends your license. The Board of Nursing can issue a summary suspension following the receipt of the complaint or during the investigation process if it believes your continued practice as a nurse practitioner threatens public health and safety. Summary suspensions are rare and generally only occur in the most severe cases of alleged misconduct.
The Board of Nursing will schedule a Show Cause Hearing when you are placed on a summary suspension. This is a meeting where you can argue to the Board of Nursing that the summary suspension should be lifted. At the Show Cause Hearing, you can only put forward evidence and testimony related to the summary suspension. The hearing is limited in scope, and you are not permitted to present your defense against the allegations against you, only why you are not a threat to patients and the public. Show cause hearings are incredibly short; you and opposing counsel are each given only 10 minutes to make your argument.
You should not prepare for or attend this hearing alone. Your Lento Law Firm attorney is well-versed in presenting effective and concise arguments at your Show Cause Hearing. Ten minutes will go quickly, and you may feel that you have a lot more than 10 minutes worth of argument to say, but your Lento Law Firm will walk you through the most important points and ensure that everything that needs to be touched upon is presented in that limited time frame.
Settlement Conference
A settlement conference is an informal meeting between you, your Lento Law Firm attorney, and the Board of Nursing disciplinary committee. The settlement conference is an opportunity for your Lento Law Firm attorney to negotiate on your behalf to resolve your case without proceeding in the formal disciplinary process. You should only attend a settlement conference with counsel; your Lento Law Firm attorney has successfully represented countless clients in settlement conferences. Your Lento Law Firm attorney will work with the Board of Nursing and do everything in their power to get you the least restrictive disciplinary action and potentially even avoid disciplinary action against your nurse practitioner license. Your Lento Law Firm attorney will sit down with you before the settlement conference to discuss your options and likely outcomes. They will ensure you feel comfortable with any course of action they suggest and understand what terms are negotiable and which are not.
Hearing
You can request a hearing at any time after receiving the Notice of Agency Action. If you cannot come to a suitable solution at the settlement conference, your case will move forward with an evidentiary hearing. Hearings are similar to court proceedings in that your Lento Law Firm will present evidence, examine and cross-examine witnesses, and fight for your innocence. The opposing party will have the same opportunities when presenting its case. Just like you would never represent yourself in a court of law, you should not be representing yourself in a hearing before the Board of Nursing. If you have not retained the Lento Law Firm Professional License Defense Team, now is the time to give us a call. You cannot be gambling with your Maryland nurse practitioner license.
Determinations
Determinations, called an order, will be sent to you by mail. The Board of Nursing has a few disciplinary action options, including:
- Reprimand
- Consent Agreement
- Probation
- Suspension
- Revocation
Alternative to Discipline Program
The Maryland Board of Nursing has implemented an alternative to discipline program for nurses, including nurse practitioners, who are struggling with alcohol and substance use disorders. The program is called the Rehabilitation/Impaired Practice Monitoring Program. The Board of Nursing Rehabilitation Committee oversees the program, but the Board of Nursing itself does not provide any treatment services.
The Rehabilitation/Impaired Practice Monitoring Program is a type of consent agreement. The consent agreement to participate in the program will include the required participation in professional assessment, treatment and monitoring, employment conditions and restrictions, and a relapse prevention plan. You will also be subject to random drug testing. The typical length of participation in the program is five years. The consent order is a legally binding contract; if you fail to comply, you will be right back in front of the Board of Nursing, facing disciplinary action.
Nurse practitioners must meet specific requirements to be eligible for the program. The Lento Law Firm can walk you through the program's requirements, benefits, and risks. Do not admit to any alcohol or substance use disorder or enter a consent agreement to participate in the program without talking to your Lento Law Firm attorney.
Appeals
If you believe the Board of Nursing's final decision to take disciplinary action against your Maryland nurse practitioner license is unjust, you are legally entitled to appeal. An appeal is a formal court action where you will ask the court to reconsider your case and allege that the Board of Nursing has acted inappropriately in taking its chosen disciplinary action against you. Your Lento Law Firm attorney will discuss the pros and cons of an appeal and your likelihood of success so you can make an educated decision on whether you want to pursue an appeal.
It is not too late if you have not been represented by an attorney through the Maryland Board of Nursing disciplinary process. The Lento Law Firm Professional License Defense Team frequently takes cases at the appeals stage and obtains better outcomes for their clients.
Impacts on Your Multistate Compact Licensure
If you are working as a nurse practitioner in Maryland under a multistate compact license, and a complaint is filed in Maryland, the Maryland Board of Nursing will conduct the investigation and has the authority to take disciplinary action against your multistate nurse practitioner license. The Maryland Board of Nursing will contact your primary state of residence to notify them of any disciplinary actions it takes against your license. In most states, a disciplinary action against your multistate licensure will subject you to disciplinary action in your own state of residence. Fortunately, the Lento Law Firm Professional License Defense Team has a network of attorneys nationwide and can represent you in both Maryland Board of Nursing disciplinary actions and disciplinary actions before nursing boards in other states.
Grounds for Disciplinary Action Against Your Maryland Nurse Practitioner License
Many actions can result in you facing disciplinary action before the Board of Nursing. A few of the most common grounds for misconduct are:
- Obtaining their nurse practitioner license through fraud or deceit
- Conviction of a crime
- Drug diversion
- Practicing while impaired by alcohol or drugs
- Incompetent practice
- Practicing outside the scope of their license
- Engaging in patient physical or sexual abuse
Areas We Serve in Maryland
The Lento Law Firm Professional License Defense Team has represented clients throughout Maryland, from Frederick to the Eastern Shore. Our nurse practitioner clients often come from Maryland's more populated areas, including Baltimore, Germantown, Silver Spring, Ellicott City, and Rockville. The Lento Law Firm can meet you wherever you are.
Our nurse practitioner clients work in various settings and healthcare systems, including Johns Hopkins Health System Corporation, University of Maryland Capital Region Health, Holy Cross Health, Adventist Healthcare, and HH MedStar Health.
Retain the Lento Law Firm Today
Whether the allegations against you are big or small, the Board of Nursing has no shortage of resources at its disposal to investigate the complaint. What might seem like no big deal to you could be significant to the Board of Nursing, and you risk facing disciplinary action against your Maryland nurse practitioner license. When your livelihood and career are on the line, you need the Lento Law Firm Professional License Defense Team fighting for your rights and nurse practitioner license. Retain the Lento Law Firm today by calling us at 888-535-3686 or contact us online.
