Licensed practical nurses (LPNs) are some of the hardest-working caregivers in the vast healthcare field. Although their foundation is built on compassionate care, their knowledge and expertise were gained through years of medical school, intense clinical training, and maintaining governing board standards. As trusted members of Mississippi's healthcare community, LPNs hold positions in a variety of environments, from hospitals and outpatient centers to community clinics and hospice facilities.
An LPN's daily challenges can range from educating patients on medication dosage to life-saving interventions, but one faced every day is maintaining compliance with Mississippi license regulations. Unfortunately, the only thing that stands between a licensee and a long and rewarding career can be a single complaint or rule violation. With the complexity of disciplinary proceedings, it's crucial to retain professional assistance before the state board launches an investigation. Authorities will move quickly to levy the following sanctions:
- Limitations or restrictions on an LPN's practice that lead to reputation ruination.
- Mandatory continuing education that forces LPNs to struggle with their daily duties.
- Fines and restitution that can increase financial stress on an LPN's family.
- License suspension or revocation that leaves LPNs struggling to find a job.
Even though LPNs may consider an attorney too extreme an option to exercise, it can be the difference between continuing their career and being banned from working in the healthcare field. The Lento Law Firm Professional License Defense Team understands that state licensing boards may move to institute discipline without fully comprehending the context of a situation. Our team stands prepared to help Mississippi LPNs navigate the investigation and disciplinary process, including negotiating with the state board to ensure credentials are kept intact. Call us at 888-535-3686 now or submit your details online, and we will contact you.
Mississippi Board of Nursing Licensing Standards
The Mississippi Board of Nursing (MSBN) gains its authority through the Nurse Practice Act (NPA) to create statewide rules and regulations about the conduct and scope of LPNs, oversee compliance, and issue sanctions for rule violations. Among fulfilling licensure requirements, a significant part of remaining in good standing with the board is appropriate personal and professional conduct.
To protect public health and safety, the MSBN maintains a code of conduct. Each state's guidelines vary slightly, but all are based on NPA provisions. While there are many issues for which the board may levy disciplinary action, issues related to unprofessional conduct or incompetence are common. For instance, if an LPN forgets to note a patient's condition during rotation, discipline will occur regardless of whether it was a mistake. Yet, the following are also frequent reasons for disciplinary investigations:
- Falsification of personal or patient documents or records.
- Drug diversion and misappropriation of medical resources.
- Impairment on the job, including positive drug screen without valid prescriptions.
- Failure to supervise or delegate tasks adequately.
- Exploitation, neglect, or physical or verbal abuse of patients.
- Violating professional boundaries with patients, patient family members, coworkers, or supervisors.
- Errors in distributing medication to patients or failure to keep accurate records.
- Any criminal arrests, charges, or convictions.
- Failure to assess a patient accurately or intervene appropriately on their behalf.
While the MSBN is tasked with investigating and disciplining LPNs, some matters are outside the board's jurisdiction, such as coworker disputes, personality conflicts, absenteeism, scheduling inconsistencies, and tardiness. Although the board will investigate every allegation, there aren't monitors patrolling healthcare facilities throughout Mississippi. The state's online complaint system is the primary source.
Mississippi LPN Complaint Process and Investigations
Anyone can submit a complaint against an LPN—patients, patient family members, coworkers, supervisors, law enforcement or emergency personnel, and any anonymous member of the public. Accusers (Complainants) must provide as much detail as available, including the name and license number of the LPN involved, and summarize the incident, including dates, times, locations, and the names and contact information of potential witnesses.
The MSBN Investigations Division reviews each allegation to determine whether the board has jurisdiction to intervene and whether there is sufficient evidence to support an investigation. An MSBN investigator interviews the accused (Respondent) and any witnesses, reviews medical records, and conducts facility investigations, if applicable. Upon conclusion of each investigation, MSBN staff review the collected data and determine whether an NPA violation occurred, then making one of the following decisions:
- Closing the case.
- Remanding the matter to informal proceedings.
- Proceeding with filing formal charges with the Mississippi Office of the Attorney General (OAG).
Informal discipline, which the MSBN calls "non-disciplinary action," is handled by an agreement between the LPN and the board. The licensee admits responsibility for the allegations in turn, for less severe sanctions, such as the following:
- Letter of Concern (LOC): an official notice citing specific NPA violations or breaches of MSBN regulations.
- Administrative Affidavit: typically used for license applicants for falsifying information sent to the board, it's a sworn statement along with a monetary fee (up to $500) but may be used in conjunction with a LOC.
While LOCs and Administrative Affidavits are considered non-disciplinary and not reportable, they are public information. Moreover, if an LPN receives allegations within five years of receiving informal punishment, it can be used as a base for remanding a licensee for repeated offenses.
MSBN Formal Hearings and Sanctions
Formal hearings are held during scheduled board meetings (occurring six times per year) before a three-member panel. LPNs are given at least 15 days notice of the hearing, and any written response to the charges must be filed with the board at least ten days in advance. All proceedings are open to the public, with an OAG representative as the presiding officer.
While strict rules of evidence do not bind the panel, all determinations must be based on clear and convincing evidence. One of the most significant factors in the process is that licensees have the right to full legal representation. An experienced legal professional can present evidence, argue issues of the law, cross-examine witnesses, and make statements to the presiding officer on an LPN's behalf.
The MSBN conducts formal hearings in the following order:
- Opening statements from both parties.
- The complainant makes their case to the presiding officer.
- The Respondent argues their case.
- The complainant may make a rebuttal against the Respondent's case.
- Closing statements from both parties.
The presiding officer may question witnesses at any point during the hearing. However, they must be performed in the following order:
- Direct examination
- Cross-examination
- Redirect examination
The panel may decide to render its final order immediately following its deliberation. The board's Executive Director sends the Respondent a copy detailing the panel's decision, including the sanctions imposed. Changes in license status are reported immediately and become final within 30 days.
LPNs can receive several types of sanctions if the board deems them necessary, both informal and formal, such as the following:
- Formal reprimand
- Fines (up to $500)
- Referral to an alternative disciplinary program
- Mandatory continuing educational courses
- Drug or psychological evaluations, if applicable
- Restrictions or limitations on practice, including license probation
- License suspension (at least one year and up to five years)
- License revocation (typically without the ability to reapply)
The MSBN Compliance Division monitors licensees who have received disciplinary and non-disciplinary actions as required by the board's final order. Once all requirements have been met—continuing education, payment of fines, and timelines of restrictions—the licensee may be eligible to have their credentials cleared.
LPN Appeals Process
Mississippi LPNs seeking to defend their licenses further can appeal the panel's decision before the full seven-member board. Proceedings are limited to a record of the previous hearing, and arguments are focused solely on issues related to the transcript and not to introduce new evidence, testimony, or witnesses.
Both parties—the LPN (Appellant) and OAG representative (Respondent)—are allotted 20 minutes to present arguments why the decision of the three-member panel should be overturned or affirmed. Appellants and Respondents may use their time for rebuttal, but are typically allowed to speak freely to the merits of the case transcript, and the board may intercede to ask questions.
After the hearing, the full board sends both parties its decision, which is reported immediately and becomes effective 30 days after being signed by the board's Executive Director. While licensees cannot appeal the full board's final order, they may seek redress with the Chancery Court for a contested case hearing.
Consequences of LPN License Discipline
Just because the MSBN disciplines an LPN in Mississippi doesn't mean the effects remain within the state's borders. Nearly three dozen states are part of the Nurse Licensure Compact (NLC), which allows healthcare workers, such as LPNs, to practice in multiple states without additional or supplementary licensing. While the NLC benefits LPNs by enabling them to find work everywhere in the country, any disciplinary action taken on an individual's license in Mississippi will affect the status in other NLC-compliant states until their license is permitted to be reinstated or limitations and restrictions are removed.
Non-NLC states rely on the National Council of State Boards of Nursing's (NCSBN) Nursys database as a source for LPN licensing information. Therefore, an LPN can't go anywhere in the country to look for work as a licensed healthcare professional without MSBN discipline affecting them.
Additionally, disciplinary action on a professional license can kick off proceedings elsewhere—even on unrelated credentials. For instance, if a Mississippi LPN also has a license to teach or for public accountancy, board action will affect their status. Each case seen by the MSBN is different; therefore, there's no way to know precisely how sanctions will affect each individual.
We Serve LPNs Employed by Medical Providers Throughout Mississippi
Mississippians need top-tier licensed LPNs to provide patient care, and their credentials must be protected from any complaints or allegations of misconduct. The Lento Law Firm Professional License Defense Team understands that even the most minor NPA violation can spell the end of an LPN's career, and our team has what it takes to negotiate with state authorities to offer beneficial resolutions. We serve all LPNs practicing in Mississippi, and our team is familiar with prominent employers in the state's medical sector, including but not limited to the following:
- Alliance Health Center (Meridian)
- Baptist Memorial Hospital-Desoto (Southaven)
- Batson Children's Hospital (Jackson)
- Beacham Memorial Hospital (Magnolia)
- Biloxi VA Medical Center (Biloxi)
- Choctaw Regional Medical Center (Ackerman)
- Delta Health-Northwest Regional (Clarksdale)
- East Mississippi State Hospital (Meridian)
- Encompass Health Rehabilitation Hospital (Gulfport)
- Field Memorial Community Hospital (Centreville)
- Forrest General Hospital (Hattiesburg)
- Gulfport Behavioral Hospital (Gulfport)
- G.V. Montgomery VA Medical Center (Jackson)
- Jasper General Hospital (Bay Springs)
- King's Daughter Medical Center (Brookhaven)
- Lackey Memorial Hospital (Forest)
- Magnolia Regional Health Center (Corinth)
- Memorial Hospital at Gulfport (Gulfport)
- Merit Health River Oaks (Flowood)
- Methodist Rehabilitation Center (Jackson)
- Mississippi State Hospital (Whitfield)
- Monroe Regional Hospital (Aberdeen)
- North Mississippi Medical Center (Tupelo)
- North Mississippi State Hospital (Tupelo)
- Oceans Behavioral Hospital (Biloxi)
- OCH Regional Medical Center (Starkville)
- Ochsner Scott Regional Hospital (Morton)
- Promise Hospital of Vicksburg (Vicksburg)
- Singing River Health System (Pascagoula)
- South Mississippi State Hospital (Purvis)
- St. Dominic-Jackson Memorial Hospital (Jackson)
- Tallahatchie General Hospital (Charleston)
- University of Mississippi Medical Center (Jackson)
Those listed above are just a few examples of high-volume employers of LPNs in Mississippi. Even if your employer isn't listed above, we can still provide you with guidance, support, guidance, and legal representation.
Contact the Lento Law Firm Professional License Defense Team
Defending your Mississippi LPN license is our utmost priority. LPNs have dedicated years and tens of thousands of dollars to education, exams, training, and more. Losing the ability to practice can quickly lead to losing a long-lasting career.
While you may think an attorney is too extreme of an option to defend against the MSBN, reconsider. LPNs need a team that knows how to negotiate with state authorities, understands administrative proceedings used by the MSBN and OAG, and how to ensure they can continue to practice. Local lawyers may pride themselves on their courtroom strategies and shock-and-awe tactics to provide relief, but you need the finesse and attention to detail provided by the Lento Law Firm Professional License Defense Team. Call us at 888-535-3686 today or go online now to learn how we will protect your Mississippi LPN license.
