You worked incredibly hard to become a Massachusetts nurse practitioner. You always put your patients first, regardless of the trials and tribulations of your own life. You work long hours in stressful situations and often don't get the appreciation and respect you deserve. When you have committed yourself so fully to your career, you may be shocked to learn that a complaint has been filed against you and your Massachusetts nurse practitioner authorization. Whether you are scared, confused, or flat-out angry, your feelings are valid, and the Lento Law Firm Professional License Defense Team is on your side. We are here to walk you through the disciplinary process, strategize, and present the best possible defense to preserve your Massachusetts nurse practitioner authorization. Let us fight for you and retain the Lento Law Firm. Call us today at 888-535-3686 or contact us online.
Massachusetts Nurse Practitioner Regulatory Body
The Massachusetts Board of Registration in Nursing protects the public by implementing nursing laws and regulations. The Board, in conjunction with the Massachusetts Bureau of Health Professions Licensure, is responsible for addressing all complaints and taking disciplinary action against nurse practitioners. The Board maintains publicly available records of disciplinary actions against nurse practitioners and all other nurses in Massachusetts. The Board is required to report any disciplinary actions by Massachusetts nurse practitioners to national nurse disciplinary action databases.
Massachusetts Nurse Practitioner Disciplinary Action Process
Whether the allegations against you are baseless or not, all threats to your nurse practitioner authorization must be taken seriously. The Board has an entire office, the Office of Public Protection, which works tirelessly to thoroughly investigate every complaint of misconduct that crosses its desk. When you retain the Lento Law Firm Professional License Defense Team, we will fight back to protect your nurse practitioner authorization. We will begin by learning all there is to know about your case and walking you through the disciplinary process. An overview of that process is as follows:
Complaint
The Bureau of Health Professions Licensure's Office of Public Protection is the first stop for complaints. The Office of Public Protection requires complaints to include the nurse's name, the location and date of the misconduct or incident, and any documentation supporting the allegation, such as medical records. It also requests the complainant's contact information; while complaints can be submitted anonymously, it strongly discourages such. Complaints and supporting documentation must be submitted by mail.
The Office of Public Protection accepts and processes complaints, including providing the Board with the complaint for review to ensure it falls within the Board's jurisdiction. If the Board has the authority to hear the complaint, the Office of Public Protection will notify you, the nurse practitioner in question, that a complaint has been filed against you and an investigation is being opened. At this time, you will also be given a copy of the complaint.
In cases of severe misconduct, the Office of Public Protection may immediately reach out to the Executive Director of the Board, who will determine if a summary suspension is necessary. A summary suspension is an immediate suspension of a nurse practitioner's authorization when the suspension will prevent an immediate and serious threat to public health, safety, or welfare. To impose a summary suspension, the Executive Director must request approval for such from either the full Board or the Board Chair, depending on the date of the next Board meeting. Summary suspensions are only appropriate when affidavits and substantial documentary evidence support the immediate and serious threat claim.
If a summary suspension is put on your authorization, you will be notified immediately, and you are prohibited from practicing or presenting yourself as a nurse practitioner. You will also be given the date for your post-suspension hearing. The hearing will not be to discuss your entire case; it is solely an opportunity for you to argue why a summary suspension is inappropriate, and you should be permitted to practice throughout the disciplinary process. If a summary suspension is being placed under your nurse practitioner's authorization, call the Lento Law Firm immediately so we can start preparation for your summary suspension hearing and subsequent disciplinary proceedings.
Investigation
The Office of Public Protection, with assistance from the Board, will conduct the investigation. The investigation will involve interviewing you, the complainant, witnesses, and any relevant third parties. It will also collect any evidence that could substantiate the allegations against you. The person investigating your case will also ask that you turn over any evidence in your possession that may be relevant to the case.
Towards the end of the investigation process, when evidence has been collected and interviews have been conducted, the Office of Public Protection will likely ask you to submit a written response to the allegations and evidence collected during the investigation. You should not draft this response independently; your Lento Law Firm attorney is well-versed in how these responses should look and how to best present your case at this early stage to achieve the best result possible. You will have 21 days from receiving the request to submit your written response.
At the end of the investigation, the Board will pursue or dismiss the case. There are a few reasons the Board may dismiss the complaint; for example, if the complaint does not provide evidence to substantiate that the nurse practitioner participated in the misconduct, or if a violation has occurred, the case's specific circumstances do not warrant disciplinary action.
You will receive a letter at the end of the investigation notifying you whether the case will be closed or further pursued. If the Board is pursuing disciplinary action against you, you will receive a Show Cause Order. If your case was previously closed, but the Office of Public Protection receives new or previously unavailable evidence, it may re-open the investigation at a later date; you will be notified by mail if this occurs.
Negotiations
Your Lento Law Firm attorney can negotiate with the Board on your behalf to settle your case. The settlement would involve you signing a consent agreement, admitting guilt, and agreeing to certain disciplinary actions and requirements, such as participating in continuing education. The Lento Law Firm's seasoned professional license defense attorneys negotiate with professional boards regularly and can work to get you an outcome you are in control of.
A consent agreement is a legally binding document. When you sign it, you must comply with everything in that document and are subject to further disciplinary action if you fail to do so. You should also be aware that when signing a consent agreement, you waive your right to defend yourself in a hearing or take legal action.
Hearing
When the Board proceeds with the case against you, there will be a formal administrative hearing. The Board will designate an administrative hearings counsel to be the Presiding Officer. Hearings are similar to court cases; there are pleadings, filings, motions, and complex rules and procedures relating to these documents and evidence admission. You cannot afford to go into a hearing without a professional license defense attorney; going in without the Lento Law Firm Professional License Defense Team is gambling on your authorization.
At the hearing, your Lento Law Firm attorney and the opposing side will make opening statements, examine and cross-examine witnesses, present evidence, argue the law, and make closing statements. Following the conclusion of the hearing, the Presiding Officer will make a determination, which will go to the Board for approval.
Determinations
There are a few options the Board has when it comes to disciplinary action against you and your Massachusetts nurse practitioner authorization:
Stayed Probation
A stayed probation restricts your nurse practitioner authorization through the Board setting temporary conditions on your authorization but allows you to keep practicing. A stayed probation is not considered to be a formal disciplinary action.
Reprimand
A reprimand is a formal, publicly available document in which the Board states its disapproval of the nurse practitioner's conduct. While this is considered a disciplinary action, it does not impact a nurse practitioner's license in any way, meaning there are no practice prohibitions or restrictions on the nurse practitioner's authorization.
Probation
Probation is a public disciplinary action that allows nurse practitioners to continue practicing with temporary authorization restrictions.
Suspension
A suspension prohibits the nurse practitioner from practicing for a set period of time until they have met certain requirements (such as a training or educational course) or both.
Revocation
Revocation prohibits the nurse practitioner from practicing and makes their authorization invalid.
Substance Addiction Recovery Program
The Board has a unique non-disciplinary option available for qualifying nurse practitioners suffering from alcohol or substance use disorders. The Substance Addiction Recovery Program is available for nurse practitioners and other nurses who meet certain requirements. The program is voluntary and confidential, allowing nurse practitioners to participate in abstinence-based rehabilitation programs with the goal of returning them to safe nursing practices. This program can be a great option, but there are risks and benefits of participation that you should take into consideration. The Lento Law Firm Professional License Defense Team has advised numerous nurse practitioners through their decision; we will walk you through the pros and cons of the program and the potential implications for your nurse practitioner authorization long-term.
Appeals
If you are dissatisfied with the outcome of the disciplinary action against you, you are entitled to an appeal. An appeal is a legal proceeding in which a Massachusetts court will review your case and decide if the Board's action was legally permissible. If you have not been represented by an attorney and are afraid all hope is lost, it isn't. The Lento Law Firm is experienced in appeals and frequently joins disciplinary action cases at the appeals stage. Our Professional License Defense Team has a history of getting our nurse practitioner clients better outcomes in the appeals process. Appeals can only be made within a short period of time following the Board's decision to take disciplinary action against you, so contact the Lento Law Firm today to ensure you don't miss the deadline and waive your right to appeal.
Grounds for Disciplinary Action Against Your Massachusetts Nurse Authorization
There are many forms of misconduct, from administrative to violent, that can result in a nurse practitioner facing disciplinary action, some of which include:
- Negligence
- Practicing beyond the scope of a nurse practitioner's authorization
- Committing fraud
- Obtaining a license by fraudulent means
- Practicing while impaired by drugs or alcohol
- Sexual misconduct
- Practicing with an expired authorization
- Practicing without authorization
Areas We Serve in Massachusetts
The Lento Law Firm Professional License Defense Team has successfully represented nurse practitioners facing disciplinary action throughout the Commonwealth of Massachusetts, including Boston, Worcester, Springfield, Cambridge, and Lowell. Our nurse practitioners work in various settings, from mom-and-pop doctor's offices to large healthcare systems, such as Mass General Brigham, UMass Memorial Health Care, and Cape Code Healthcare and Affiliates.
Retain the Lento Law Firm Professional License Defense Team
You need the Lento Law Firm Professional License Defense Team for the best defense of your Massachusetts nurse practitioner authorization. As a nurse practitioner, you care so much about others, but it's your turn to have us there to protect you. Your Lento Law Firm attorney will fight tooth and nail to protect your nurse practitioner's authorization, career, and reputation. To retain the Lento Law Firm, call 888-535-3686 or contact us online today.
