If you're a nurse practicing in Milwaukee, Wisconsin, or elsewhere in the Milwaukee metropolitan area, you likely know the Wisconsin Board of Nursing (or simply “the Board”) is responsible for disciplining nurses who violate applicable rules, laws, and regulations.
The Board takes disciplinary action against the licenses of nurses who may represent threats to public safety. If you're facing a Board investigation, the forms of disciplinary action the Board could take may limit your ability to continue practicing nursing in Greater Milwaukee. In some scenarios, the Board can take disciplinary action that derails a nurse's career entirely.
That doesn't have to happen. Our Professional License Defense Team at the Lento Law Firm is available to offer nurse license defense services throughout Metro Milwaukee. We're prepared to aggressively defend your license if the Board is looking into an alleged violation. Learn more about how we can help by submitting your information via our online contact form or by calling our offices at 888-535-3686.
Reasons You May Need Nurse License Defense Services in Metro Milwaukee
Under the Wisconsin Nurse Practice Act (NPA), the Board has the authority to discipline a nurse when they engage in various forms of misconduct. The following are examples of unprofessional conduct that may result in the Board taking action against a nurse's license:
- Noncompliance issues: Failure to comply with any of the various laws, rules, and regulations pertaining to nurses in Greater Milwaukee can give the Board reason to consider disciplinary action. Noncompliance that prompts Board action can take many forms. For example, the Board can take action against a nurse for a major violation like practicing without a license. It can also take action in less egregious circumstances, such as when a nurse fails to notify the Board of a misdemeanor or felony conviction within 48 hours of said conviction.
- Violating a law: The Board may take disciplinary action against a nurse in Wisconsin if they violate any law that substantially relates to the practice of nursing. Similarly, the Board can discipline a nurse for aiding or abetting someone violating such a law. Along with a conviction, a guilty plea or a plea of nolo contendere can trigger disciplinary proceedings.
- Confidentiality violations and similar issues: Nurses may be subject to disciplinary action in Wisconsin if they fail to properly safeguard a patient's right to privacy, knowingly violate a patient's privacy or confidentiality rights, recklessly make statements that could result in confidentiality or privacy violations, etc.
- Misconduct or abuse: Misconduct and abuse in the practice of nursing can involve a range of behaviors and activities. It can involve financial misconduct, such as trying to obtain money from a patient or their family through fraudulent means (such as charging for services a patient doesn't need or was not provided with). It can also involve sexual misconduct, failure to establish and maintain professional boundaries, physical abuse of patients, and more.
- Fraud, deception, or misrepresentation: Nurses in Metro Milwaukee can engage in several forms of deception that may give the Board reason to pursue disciplinary action. Examples include falsifying or altering reports or records, submitting false claims, and providing the Board with false information during a disciplinary investigation.
- Unsafe practice or substandard care: Nurses are responsible for evaluating their ability to provide patients with safe care and to perform certain nursing tasks. A nurse may be subject to disciplinary action if they provide care that endangers a patient or doesn't meet the standards of care the NPA establishes for Wisconsin nurses. There are many reasons nurses might engage in this form of misconduct. For example, a nurse may lack the education or training necessary to perform certain nursing tasks. Or, they may provide unsafe care due to substance abuse issues.
- Improper supervision: A nurse responsible for delegating tasks and supervising other nurses must do so properly and attentively. The Board can take action if it finds a nurse delegated tasks to those not qualified to perform them, failed to supervise nurses to whom they delegated tasks, etc.
- Medication issues: Nurses often have access to prescription medications. If they divert medications for personal use, sell medications illegally, or otherwise abuse their power and access, the Board can take disciplinary action accordingly.
There are instances when it may not be entirely clear whether a nurse has engaged in the type of misconduct that warrants disciplinary proceedings in the Milwaukee metropolitan area. If the Board notifies you that it's investigating alleged misconduct, understanding the nature of the allegations is critical.
We at the Lento Law Firm Professional License Defense Team can help in this regard. We offer nurse license defense services throughout Greater Milwaukee, representing nurses in major cities like Milwaukee, Racine, and Waukesha, as well as nurses working in suburbs and smaller cities like Brookfield, Kenosha, Beaver Dam, and anywhere else in the region.
We'll review your case and explain the charges you're currently facing. Depending on the circumstances, our defense strategy could involve challenging the notion that your conduct represents a violation for which disciplinary action is necessary.
Forms of Disciplinary Action the Wisconsin Board of Nursing Can Take Against a Nurse in the Milwaukee Metropolitan Area
The NPA states the Board can take the following forms of disciplinary action against nurses in Greater Milwaukee:
- Reprimand: A reprimand is a formal warning. The Board usually won't limit a nurse's ability to practice in Wisconsin when choosing this form of disciplinary action. However, the Board publishes information about disciplinary actions it has taken against nurses in periodic reports. Any member of the public can access this information—including a potential employer. Thus, even a seemingly “minor” form of discipline like this can still have implications for a nurse's employment prospects not just in the Milwaukee metropolitan area but throughout the state.
- Denial: The Board may decide not to issue a license to a prospective nurse due to past or current violations. A nurse who's already licensed to practice in Wisconsin may be unable to renew their license due to a violation.
- Limitation: The Board may limit or restrict a nurse's license so that they can only perform certain nursing tasks. Similarly, the Board can require a nurse to abide by certain conditions to continue practicing in the state. For example, the Board might determine a nurse must satisfy the requirements of a continuing education program before performing tasks they aren't currently qualified to perform. Or, if a nurse appears to struggle with substance abuse issues, the Board may determine a nurse can only continue practicing if they submit to drug and alcohol testing.
- Suspension: Suspension of a license prohibits a nurse from practicing in Wisconsin until a suspension period has ended. Sometimes, the Board requires a nurse to fulfill certain conditions before ending a suspension.
- Revocation: Revoking a nurse's license is a form of disciplinary action the Board may take when it appears a nurse has committed multiple violations or has committed particularly significant violations. Contrary to what some may believe, a revocation doesn't necessarily mean the Board has permanently barred a nurse from practicing in Wisconsin. The law states a nurse whose license has been revoked can reapply for license reinstatement. The Board can reinstate the revoked license of a nurse no earlier than one year following revocation.
At the Lento Law Firm's Professional License Defense Team, we handle cases involving such major employers as Aurora St. Luke's Medical Center, Ascension All Saints Hospital, Ascension St. Francis Hospital, and numerous others. We also gladly represent nurses operating out of smaller clinics in communities ranging from North Prairie to New Berlin.
We'll gladly review your case and explain the types of disciplinary action you may be subject to. Be aware that the Board disciplinary process can differ substantially from disciplinary procedures in a criminal case. As such, you need representation from attorneys who specifically handle cases like yours. That's precisely the type of unique service we offer.
The Process of a Wisconsin Board of Nursing Investigation in Greater Milwaukee
The exact steps a Board investigation involves aren't necessarily consistent on a case-by-case basis. The NPA authorizes the Board to investigate alleged violations and conduct hearings to determine if violations have occurred. It doesn't specify an official procedure an investigation must follow. Factors such as whether another party filed a complaint or whether a nurse self-reported an issue that triggered an investigation can all influence the Board's approach.
That said, the process may involve the following elements you should be aware of if you're facing disciplinary action:
- Notification: The Board may notify a nurse when it plans to investigate or discipline them. If you receive such notification, review it carefully and thoroughly to understand what may be required of you. Contact our team shortly after receiving a notification like this to ensure you have a proper defense. We can answer any questions you may have about the notification and handle all correspondence with the Board going forward.
- Interviews: Board investigators can gather information from a variety of sources. For example, they might interview people who have relevant insights into a case, such as a nurse's coworkers and employers. Although it can be stressful to know investigators are looking into your background and may be interviewing your peers, interfering with an investigation or being uncooperative can negatively affect the outcome. We'll make sure you don't make the kinds of errors that put you at risk of harsh disciplinary action.
- Hearings: A hearing gives a nurse the chance to tell their side of the story. For example, during a hearing, you may introduce evidence that demonstrates why an alleged violation didn't occur. However, the state can also make its case during a hearing. It's vital to have legal representation during these proceedings.
This experience can be very stressful for a Metro Milwaukee nurse who has worked very hard to establish their career. Luckily, peace of mind is available in these circumstances.
You'll feel much more confident about your future if you have representation from legal professionals who can guide you through every step of an investigation. At the Lento Law Firm, attorneys with our Professional License Defense Team have the experience necessary to handle a case like yours.
How Nurse Licensing Issues in Metro Milwaukee Can Affect a Nurse Outside of Wisconsin
Ignoring a Board investigation is never a good idea. However, in some unique circumstances, Wisconsin nurses might assume that Board investigations will have limited impacts on their careers—even if those investigations result in disciplinary action.
For example, maybe you plan on relocating in the near future. You're not only going to be moving from Metro Milwaukee; you're moving to a new state. Licensing issues in Milwaukee shouldn't affect your license in a new jurisdiction, right?
Unfortunately, that's not the case. Like most states now, Wisconsin participates in the Nursys system.
Nursys is a network connecting the nurse licensing boards of nearly all states across the country. By sharing nurse files and information, boards in the Nursys system simplify the process of getting licensed in a new state. This is helpful when a nurse moves or wishes to practice nursing in a nomadic style, offering their services in multiple states.
That said, Nursys boards also share information about disciplinary actions. If the Board takes disciplinary action against your license in the Milwaukee metropolitan area, it could affect your ability to secure a license or employment in another state.
This is just one more reason to take these matters seriously. As soon as you learn you're facing a Board investigation, contact our team to get started on your defense.
Contact the Lento Law Firm for Greater Milwaukee Nurse License Defense Services
Our Professional License Defense Team at the Lento Law Firm is just that: a team of attorneys and support staff who serve the needs of Wisconsin professionals whose professional licenses may be in jeopardy. If you require Greater Milwaukee nurse license defense services, that's exactly the type of assistance you need right now. Get started today by calling our offices at 888-535-3686 or by submitting your information online.
