To become a Licensed Practical Nurse (LPN) in Minnesota, individuals must acquire a degree in the field, pass a myriad of exams, and be approved by the state board. Once they gain their dream job at a premier hospital or healthcare facility, LPNs sometimes believe that career challenges are behind them. Still, all that stands between them and a long, meaningful career can be a single complaint or misconduct allegation. Even a first-time violation can change the standing of a license, leaving LPNs without the credentials they need to practice.
With the years LPNs have dedicated to education and training, it's critical to get professional assistance when the licensing board seeks to launch an investigation. Although Minnesota LPNs understand how to carry out the duties laid out in their license, it doesn't mean they fully comprehend the administrative procedures used to adjudicate violations. Fortunately, professional help is only a phone call or a click away.
The Lento Law Firm Professional License Defense Team recognizes that state licensing boards and other regulatory authorities sometimes fail to fully understand a situation or can impose punishments unfairly, which may include the following:
- Remediation with practice limitations and restrictions.
- Civil penalties and restitution.
- License suspension or termination of credentials.
Whether Minnesota LPNs are struggling with complaint investigations, hearings to adjudicate alleged misconduct, or other board action, failure to mount a solid defense can lead to the end of a hard-earned career. The Lento Law Firm Professional License Defense will assist LPNs in leading negotiations with Minnesota authorities and ensure licensees are treated fairly and defended by every means possible. Call us at 888-535-3686 now or submit your details online, and we will contact you.
Minnesota State Board of Nursing Licensing Standards
The Minnesota Board of Nursing (MBON) approves, governs, and disciplines LPNs in accordance with state statutes and through the Nurse Practice Act. A large part of remaining in good standing is the conduct of an LPN—both on and off the job. For instance, the board may seek corrective actions, including suspension or revocation, on any act such as the following:
- Failure to demonstrate the requirements or fulfill the qualifications of a licensee.
- Conviction of a felony or gross misdemeanor related to the LPN practice.
- Receiving disciplinary action against a license in another state.
- Engaging in unprofessional conduct or failing to conform to board rules.
- Engaging in unethical conduct, such as that which demonstrates a willful disregard for the health, safety, or welfare of a patient or the public.
- Sexual misconduct, such as sexual or seductive verbal behavior toward patients or coworkers.
- Failure to manage patient records or comply with patient requests.
- Knowingly providing false or misleading information that is directly related to patient care.
- Providing false or misleading information to the board.
Yet, LPNs may face discipline or corrective action for other violations. Outside the Nurse Practice Act, the board can initiate disciplinary procedures for:
- Failing to follow HIV and HBV prevention protocols.
- Breaching terms of the state's drug rehabilitation program for licensed healthcare professionals.
- Mistreating vulnerable adults or failing to report maltreatment.
- Non-compliance with tax payment or child support payment laws.
There are many ways Minnesota LPNs can violate the board's rules, but allegations typically don't come from the board itself. A majority emanates from the state's complaint system.
Minnesota LPN Complaint Process and Adjudication
Anyone can submit a complaint with concerns about an LPN's practice—patients, patient family members, coworkers, supervisors, and members of the public with interest. Depending on the type of allegation, there are two means of reporting. If an LPN is unable to practice or is impaired by illness, substance or alcohol abuse, or through a mental or psychological condition, referrals can be made to the Health Professional Services Program, which acts as a rehabilitation program for licensees with the opportunity to avoid further board action in most cases. Yet, allegations of the above can also be sent to the board.
The board requires a written description of the behavior of the licensee to determine if it is a violation of a law or rule the board has the authority to enforce. The MOBN is only allowed to investigate complaints alleging a Minnesota Nurse Practice Act violation. Complaints are not public information, and even though the information in the complaint may be shared with the LPN, the name and identity of the complainant remains confidential.
The board will notify a licensee within 60 calendar days after receiving a complaint and, in that time, will assign a board staff member to begin an investigation. In most cases, the board investigates the complaint but can forward the matter to the Minnesota Office of Attorney General for more serious allegations, such as sexual misconduct. Throughout their investigation, the MBON will interview patients, witnesses, or others involved in the matter or who have information regarding the complaint. Also, the board will seek subpoenas for the LPN's information, such as the following:
- Past employment records
- Email correspondence
- Patient medical records
The board notes that the investigation process can be lengthy. If a review isn't completed within 120 days, LPNs receive a notice informing them that the matter is ongoing. Once the MBON reviews the investigation materials, licensees may or may not receive a notification in the mail asking them to attend a meeting before the board Review Panel for a response to the complaint.
Meetings before the Review Panel are not informal, as the Board grants due process rights. Therefore, LPNs can retain legal representation. The Review Panel is advised by an assistant attorney general and will consist of questions from board members.
The Review Panel will not make a determination during the meeting. In fact, a resolution could take up to a year from receiving the complaint. Once a resolution is achieved—wherein substantiation is based on a preponderance of the evidence—LPNs will receive a letter telling you how the board resolved the complaint, which will be one of the four following outcomes:
- A lack of evidence of a Nurse Practice Act violation.
- A violation of the Nurse Practice Act is substantiated, but the concern was sufficiently corrected.
- A violation occurred that merits mandatory additional education.
- The panel decides to move forward with disciplinary action.
Critically, the first three do not constitute disciplinary action. However, when an LPN must undergo continuing education, the course of action is public record. Disciplinary actions are approved by a majority of the board, and a disciplinary order is part of the public record and specifies the LPN's violations and their remedies.
Sanctions for LPNs
The MBON has the authority to impose several disciplinary actions on an LPN's license to protect the public. The following are the most common handed down:
- Reprimand: Admonishment or censure for violations, often combined with a civil penalty.
- Limitations: Restrictions of practice until fulfilling requirements specified in the board's letter.
- Conditions: Retention of the license is contingent upon meeting requirements, which may include specified evaluations.
- Suspension: Remaining licensed but without active registration, thus prohibiting practice for a definite or indefinite period of time.
- Revocation: Taking away an LPN's license and registration, with reauthorization unanticipated.
In addition to the above disciplinary actions, the MBON may offer a licensee an agreement for corrective action, where the LPN agrees to take specific measures to improve their practice to have a complaint dismissed. Additionally, the board may pursue a stipulation to cease practicing where the licensee agrees not to practice for a specified period of time, typically under a final remedy that can be agreed upon.
All sanctions—informal and formal—need to be taken seriously. Discipline, even first-time written reprimands, are part of your license record and may lead to the following:
- Become a basis for future inquiries or disputes with your employer.
- Develop into a barrier keeping you from promotion.
- Weaken your earning power and professional opportunities.
- Increase stress and enhance personal issues.
There's no way to tell how sanctions will affect each LPN, even minor ones. Each case before the MBON is different, but the opportunity for defense won't improve unless professional help is sought.
Can Discipline in Minnesota Affect LPNs Elsewhere?
Like all other U.S. states, Minnesota is a signatory of the Nurse Licensure Compact (NLC). The purpose of the NLC is to combine nursing standards and practices across the U.S. so that LPNs and other healthcare professionals can practice in multiple states without needing supplementary licensing. Moreover, the National Council of State Boards of Nursing's (NCSBN) Nursys database is a primary source for LPN licensing information, also providing a look into an individual's disciplinary history.
While the NLC is meaningful for LPNs to find work everywhere in the country, any disciplinary action taken on an individual's license in Minnesota is available to view in all other states. If an individual's license to practice is suspended or revoked in Minnesota, they won't be able to work as an LPN in another NLC-compliant state until their license is permitted to be reinstated.
Nevertheless, LPNs don't have to accept the Review Panel's determination or means of corrective action offered by the board. Licensees have a means of redress through the state court system.
Minnesota Contested Case Hearing
If the Review Panel and the LPN do not come to an agreement following their meeting, either may pursue a contested case hearing before an Administrative Law Judge (ALJ). The goal of the ALJ will be to decide whether the licensee has violated the Nurse Practice Act and if sanctions should be imposed.
Before proceedings, the ALJ may hold a pre-hearing conference to discuss procedural matters, clarify issues, and explore the possibility of settlement. If neither party can agree on terms, a hearing is conducted that includes the following:
- Sworn testimony from witnesses.
- Presentation of evidence.
- Legal arguments from the licensee and the board or their representation.
After the hearing, the ALJ may call for post-hearing briefs on issues raised but will typically issue a decision within 60 days from the beginning of the process. The ALJ's decision is reviewed by the board, which may adopt, modify, or reject the conclusions made.
We Serve LPNs Employed by Medical Providers Throughout Minnesota
The Lento Law Firm Professional License Defense Team is known nationwide for negotiating with state authorities, professional licensing boards, and their attorneys. Regardless of the misconduct or complaints alleged against you, we serve all LPNs practicing in Minnesota, and our team is familiar with prominent employers in the state's medical sector, including but not limited to the following:
- M Health Fairview University of Minnesota Medical Center (Minneapolis)
- Horizon Health (Brainerd)
- Hiawatha HomeCare (Elko New Market)
- CentraCare Clinic (Saint Cloud)
- Minneapolis VA Health Care System (Minneapolis)
- HealthPartners Clinic (Stillwater)
- Children's Minnesota (Minneapolis)
- Woodwinds Health Campus (Woodbury)
- Lake View Memorial Hospital (Two Harbors)
- Bethesda Hospital (St. Paul)
- Grand Itasca Clinic and Hospital (Grand Rapids)
- St. Mary's Medical Center (Duluth)
- Hennepin County Medical Center (Minneapolis)
- St. John's Hospital (Maplewood)
Those listed above are just a few examples of high-volume employers of LPNs in Minnesota. But even if your employer is not on the list, we can still provide you with valuable assistance, guidance, and full representation through the disciplinary process.
Contact the Lento Law Firm Professional License Defense Team
Defending your Minnesota LPN license is a priority. Before you can plan on how to respond to complaints and allegations, our team is ready to start on your case today. While you may believe an attorney is too aggressive an option to exercise with the MBON, the Lento Law Firm Professional License Defense Team will be a significant resource for the following reasons:
- Help collect evidence and witness testimony: We conduct our own investigation, including gathering all relevant materials to promote your side of the story.
- Seek pre-hearing resolutions: We will negotiate with any state authority to settle your case and explore options outside formal proceedings.
- Guidance and representation: If your case must proceed through traditional channels, we'll be prepared to defend you at every step, whether before the MBON, an ALJ, or another state or legal authority.
- Seek further legal redress: We seek every option when your LPN license is on the line and will appeal your case to the state superior court if we must.
Don't settle for local lawyers who advertise shock-and-awe strategies to defend your credentials; put your trust in the Lento Law Firm Professional License Defense Team. Call us at 888-535-3686 today to learn how we will protect your Minnesota LPN license , or go online now.
