As a Michigan nurse practitioner, you always put the needs of your patients before your own. You work long hours with intense physical and mental demands, and often, you aren't appreciated enough for your work. Because of your dedication to your profession, it can be upsetting to learn that you are facing disciplinary action against you and your Michigan nurse practitioner license. You may feel overwhelmed or confused about your next steps, but the Lento Law Firm Professional License Defense Team is here to walk you through the process and alleviate as much stress as possible. Call us today at 888-535-3686 or contact us online.
Michigan Nurse Practitioner Regulatory Body
The Michigan Licensing and Regulatory Affairs Bureau of Professional Licensing regulates a variety of health-related professions. Its mission is to "protect, preserve, and improve the health, safety, and welfare of Michigan's citizens through the licensing and regulation of occupational and health professionals." The Bureau of Professional Licensing has jurisdiction over over 700,000 licensed professionals in the state.
As part of its charge, the Licensing and Regulatory Affairs division maintains an online database that allows the public to verify the licensure status of nurse practitioners and other health professionals working in Michigan.
The Michigan Board of Nursing is also involved in the disciplinary process of nurse practitioners. It oversees all matters related to nurse practitioner licensing, educational and training requirements, regulatory development and implementation, and disciplinary action. The Board of Nursing's Disciplinary Committee, which will be discussed in more detail below, has the final decision-making power for the disciplinary action against you and your Michigan nurse practitioner license.
Michigan Nurse Practitioner Relevant Law
Michigan's Public Health Code details everything related to nurse practitioners, including their educational and licensure requirements, ethics and standards of care, and the details of their responsibilities and tasks.
Michigan Nurse Practitioner Disciplinary Action Process
Disciplinary complaints can follow different paths depending on the nature and severity of the case. These factors also significantly impact the length of time your case may take to resolve. It is common for cases to take several months to resolve, even longer than a year, if an appeal is filed in court. Your Lento Law Firm attorney will provide you with all the information and your options in the disciplinary action process, but generally, the process will look like this:
Complaint
The Bureau of Professional Licensing is the office that fields all complaints related to nurse practitioners in Michigan. Complaints can come from anyone, but most often, they are filed by patients, their friends and family, or other licensed health professionals such as colleagues. Colleagues are often required to report and are called mandatory reporters; they violate the Public Health Code themselves if they do not report suspected misconduct by a fellow nurse practitioner. Complaints are appropriate when the person knows or suspects a licensed nurse practitioner or individual presenting themselves as a nurse practitioner is in violation of the Public Health Code or relevant nurse practitioner laws and regulations.
Complaints can be filed online or mailed to the Bureau of Professional Licensing. Everyone who files a complaint must include the following information with the complaint:
- Name and contact information (anonymous complaints are accepted but strongly discouraged and likely to be closed due to insufficient information and inability to substantiate)
- Name of the nurse practitioner and their license number (if possible to obtain)
- A detailed description of the alleged misconduct or incident, including dates and locations, names of participants, victims, or witnesses
When a complaint is filed, the Bureau of Professional Licensing will review the complaint and determine if the allegations in the complaint support a potential violation of the Public Health Code. At this time, it will make one of the three following determinations:
- Request authorization from the Board of Nursing to investigate the complaint
- Close the complaint with no further action due to a lack of potential violation of the Public Health Code
- If the complaint does not fall under the jurisdiction of the Bureau of Professional Licensing or Licensing and Regulatory Affairs, close it and refer the matter to another state agency or department.
If the allegation in the complaint meets certain criteria, the Bureau of Professional License has the authority to issue a summary suspension of a nurse practitioner's license. This occurs only in rare situations when it believes that continuing to practice is a threat to the public health, safety, or welfare.
You must contact the Lento Law Firm as soon as you learn that a complaint has been filed against you. Even if the allegations against you are minor or completely baseless, your license is being threatened, and you must be proactive in defending it.
Investigation
If the Bureau of Professional Licensing obtains permission from the Board of Nursing to investigate the complaint, it will interview the relevant parties, including the nurse practitioner, the complainant, any witnesses, the nurse practitioner's employer, or any other relevant party. It will also work to collect evidence that would substantiate or disprove the allegations; such evidence may include reports and documents, photos, or videos.
After the investigation, the Bureau of Professional Licensing will either decide to close the case because the allegations of a Public Health Code violation cannot be substantiated, or it will file an administrative complaint against the nurse practitioner.
Administrative Complaint
When an administrative complaint has been filed against you, a nurse practitioner, you will be presented with a few options to proceed. Under no circumstance should you take any action or respond in any way, shape, or form to the Bureau of Professional Licensing without first contacting your Lento Law Firm Professional License Defense Team attorney. Each option has risks and benefits, some of which you may not be aware of or consider. Your Lento Law Firm attorney has seen it all; we don't want you to say or do anything you cannot take back, make an uninformed decision, or feel pressured into any particular action.
The actions you can take in response to the administrative complaint are as follows:
Respond with Admission
You can admit to the facts and allegations in the complaint and agree to a Consent Order. Once you agree to a consent order, the Board of Nursing will review the complaint and Consent Order and decide on any appropriate sanctions. You are legally bound to comply with the consent order and will absolutely face additional and more severe disciplinary action if you are non-compliant.
Whether or not you have committed the alleged misconduct or not, it can be tempting to admit to the allegations and proceed with a consent order to get the whole stressful and potentially lengthy process over with. This could be a mistake; discuss this option thoroughly with your Lento Law Firm attorney before admitting or committing to anything.
Request a Compliance Conference
A compliance conference is a meeting between you and the Bureau of Professional Licensing where you discuss your case and attempt to reach a settlement. You should never attend a compliance conference alone. Your Lento Law Firm attorney is experienced in negotiating after participating in countless negotiations with professional boards on their client's behalf. Remember, the Bureau of Professional Licensing serves the public; they have no incentive to do what is best for you and are not on your side, no matter what they say to you. Your Lento Law Firm attorney is there solely to defend you, your rights, and your Michigan nurse practitioner license.
During negotiations, your Lento Law Firm attorney will fight for terms and conditions that are acceptable to you and minimize any negative impact on your nurse practitioner license and career. If you are comfortable with the terms of the settlement agreement, it will be presented to the Board of Nursing's Disciplinary Subcommittee for approval. If you do not agree to a settlement or the Board of Nursing rejects the settlement, your case will move forward to an administrative hearing.
Request a Hearing
Administrative hearings are conducted in the Michigan Office of Administrative Hearings and Rules and presided over by an Administrative Law Judge. Administrative hearings are similar to what you would imagine a court case to look like, and you are before a real judge. Each side will present their case, beginning with opening statements, examining and cross-examining witnesses, presenting evidence, and ending with closing statements. Just as you would never represent yourself in court, you should not be representing yourself at an administrative hearing. Like court, specific policies and procedures must be adhered to, or you risk losing your case, potentially annoying the Administrative Law Judge. The last thing you want to do is start off on the wrong foot with the Administrative Law Judge for not following the complex rules and intricacies of an administrative hearing.
During the hearing, the judge will determine the facts of the case, assess what rules and laws apply, determine whether there has been a violation of the Public Health Code, and, at the conclusion, draft a Proposal for Discipline. This document will be sent to the Board of Nursing Disciplinary Subcommittee for review and approval. The Board of Nursing Disciplinary Subcommittee can accept or reject the Administrative Law Judge's Proposal for Discipline and impose other disciplinary action against you and your nurse practitioner license.
Fail to Respond
Failing to respond to an administrative complaint will not make the matter go away; in fact, it will most certainly make the situation worse. If you fail to respond, the case will move through the disciplinary process with the presumption that you are guilty. In failing to respond, you have waived your right to defend yourself and your nurse practitioner license. The Board of Nursing will take a default disciplinary action against your license, and you are legally obligated to comply with any Board of Nursing disciplinary action.
Determinations
There are a variety of disciplinary actions the Board of Nursing Disciplinary Subcommittee can take against you and your Michigan nurse practitioner license, including:
- Case dismissal
- Reprimand
- Probation
- License and practice restriction
- Issuance of a condition for continued licensing, requiring the nurse practitioner to complete specific tasks to continue practicing, such as community service or additional educational courses or training
- Suspension
- Revocation
- Fines
Appeals
The disciplinary process is long and frustrating; you may very well be unhappy with the outcome against you. So long as you have not entered into a consent order or settlement agreement, you have the legal right to appeal the Board of Nursing's disciplinary action decision. Appeals are civil court cases, and your Lento Law Firm attorney will file your appeal in the Michigan Court of Appeals.
If a professional license defense attorney has not yet represented you, it is not too late. The Lento Law Firm Professional License Defense Team is frequently retained and obtains successful results for our clients in the appeals stage. Do not wait to call the Lento Law Firm; you have a very short time to appeal or waive your legal right to appeal.
Grounds for Disciplinary Action Against Your Michigan Nurse Practitioner License
Any violation of the Public Health Code can result in disciplinary action before the Bureau of Professional Licensing and the Board of Nursing. Grounds for disciplinary action include:
- Obtaining or renewing a license through fraud or deceit
- Practicing outside the scope of the license
- Falsifying documents
- Conviction of a crime
- Misappropriation of drugs for use or sale
- Drug or alcohol use disorder adversely impacts the nurse practitioner's ability to practice safely
- Mental or physical impairment adversely impacts the nurse practitioner's ability to practice safely
- Sexual abuse, harassment, or misconduct of a patient
- Abuse or neglect of a patient
Areas We Serve in Michigan
The Lento Law Firm Professional License Defense Team represents nurse practitioners all over the state, including Detroit, Grand Rapids, Warren, Sterling Heights, and Ann Arbor. Wherever you are in Michigan, the Lento Law Firm can help.
Retain the Lento Law Firm Professional License Defense Team
Any threat to your Michigan nurse practitioner license must be taken seriously. At the Lento Law Firm, we will vigorously fight to protect your rights and your Michigan nurse practitioner license. To retain the Lento Law Firm, call 888-535-3686 or contact us online today.
