Military nurses, often hailed as heroes, juggle multiple roles as frontline healthcare providers and military leaders. Their unique position comes with a set of challenges and responsibilities distinct from those in the civilian sector. Unfortunately, some nurses may find themselves defending their reputation, military career, and nursing license against allegations of wrongdoing. The added complexity? They may face discipline in multiple sectors simultaneously.
For a military nurse facing disciplinary action, the adage 'wait and see' is not advisable. The earlier the Lento Law Firm Professional License Defense Team is engaged, the better. The Lento Law Firm can mount a robust defense, whether it's Article 15 charges, state nursing licensing board discipline, or a summary court-martial. Call us today at 888-535-3686 or submit your details online, and we will contact you.
Military Nurses May Face Discipline in Multiple Arenas
A military nurse may face discipline before more than one entity. The nurse may be disciplined by the following:
- A licensing action by the state Board of Nursing or licensing agency of the state where the nurse is licensed, whether the nurse is actively practicing in this state or not.
- Licensing action by the licensing agency of another state.
- Non-judicial punishment by the Army, Navy, Air Force, or other branch of the military.
- Criminal prosecution by state or federal law enforcement agencies and, in extreme cases, criminal prosecution by general court-martial.
Issues Peculiar to Military Nurses
Although military nurses may face discipline from multiple entities, they also carry the burden of many challenges not faced by nurses in the civilian sector, including:
- Risk of Injury. There is a risk inherent in serving in the U.S. military, in addition to occupational injuries common to all nurses.
- Physical Fitness Requirements. Military nurses must meet physical fitness standards and weight requirements.
- Drug Testing. The military follows a vigorous pattern of drug testing members and is one of the few places in which a person may be criminally prosecuted for a failed drug test. It is possible to fight a positive drug test and to have a retest before discipline.
- Post Traumatic Stress Disorder, or PTSD, is a clinical condition suffered after a traumatic event, such as being in a conflict zone or combat or witnessing injuries.
- Military codes of conduct. Military nurses are governed by higher standards of conduct in their professional and private lives due to their membership in the armed forces.
All these requirements and stressors may lead to allegations of misconduct. This may be related to drug or alcohol use, failing a drug test, financial misconduct, diversion of medications, or other allegations of wrongdoing.
Discipline by a State Board of Nursing
In addition to being under military orders, a military nurse is subject to discipline in the state or states where they are licensed. A state licensing body may take the following actions against a nurse:
- Censure
- Probation
- Limitation
- Civil penalty
- Suspension
- Revocation.
- Additional training or passing an examination after training.
The Lento Law Firm is a premier license defense firm for nurses nationwide. The Lento Law Firm can provide license defense and representation regardless of where a military nurse is licensed.
Non-Judicial Punishment/Article 15
For all military members, including nurses, the most frequent discipline is non-judicial punishment under Article 15 of the Uniform Code of Military Justice (USMJ). These actions are taken by a commanding officer after misconduct warranting discipline. These actions have informal names in different branches: “office hours” in the Marine Corps or “mast” in the Navy. Article 15 is not a criminal charge and does not create a criminal record. It can, however, significantly harm the career of the nurse and present licensing problems as it must be disclosed for licensing and credentialing purposes. The USMJ provides that Article 15s are intended for minor infractions but are used to prevent more severe punishment and criminal records for more serious types of allegations.
Standard of Proof for Article 15
To impose discipline under Article 15, there must be proof of the truth of the allegations against the nurse. In the Navy, this standard is “clear and convincing evidence,” but in the Army and Air Force, the standard is “reasonable doubt.” In layperson's terms, the evidence against the accused must be clear and substantial, and there cannot be serious doubt about their guilt.
Right to Refuse Article 15
A military nurse may refuse to accept Article 15 punishment and instead ask for a general court-martial. This should be done cautiously since a general court-martial is a criminal proceeding. A nurse in this position should consult an attorney before refusing Article 15 punishment.
Summary Court-Martial
For more serious allegations against a nurse, the military may use a summary court-martial. In this type of proceeding, a single officer will act as the investigator, prosecutor, judge, and jury. A nurse in this type of proceeding may be represented by a civilian attorney. The military must show a nurse the evidence supporting the allegations in this proceeding. This is typically done at a preliminary hearing, where the nurse is given a charge sheet with information on the allegations, witnesses, and documents that support the charges.
Article 15 Rights in a Summary Court-Martial
Military nurses have the following rights in a summary court-martial trial:
- The right to plead not guilty.
- The right to remain silent.
- The right to present evidence, including witnesses, sworn statements, and documents.
- The right to know the maximum punishment that may be imposed.
- The right to present evidence of extenuating circumstances that justify a reduction in punishment.
After the trial, the officer announces a finding of guilt and imposes a sentence. A record of this trial is kept, and a military nurse may appeal the finding and sentence.
Discharge Through Administrative Process
The military may not remove a military nurse for an Article 15 violation. However, serious violations can lead to an administrative discharge process. It can also lead to the discharge being characterized as less than honorable, which can affect veterans' benefits.
How the Lento Law Firm Can Help
Attorneys at the Lento Law Firm are some of the country's most experienced license defense counsel. They have represented countless medical professionals, including military nurses. Whether you are serving in the Army, Navy, Air Force, Marines, or Coast Guard, the Lento Law Firm can provide defense in Article 15 actions and proceedings. If the allegations against you result in an action by a state licensing board, the Lento Law Firm can represent you in those proceedings to defend your license.
The Lento Law Firm understands that any misconduct allegation is a serious issue for a nurse in the military. The Lento Law Firm Professional License Defense Team will vigorously fight to defend your military career and license. Call us today at 888-535-3686 or submit your details online, and we will contact you.
