Missouri Licensed Practical Nurse Defense

LPNs are not just a part of the Missouri healthcare system; they are the backbone. By assisting registered nurses and physicians, LPNs play a crucial role in ensuring patients are processed and addressed promptly and empathetically. From busy urban hospitals like St. Louis and Kansas City to remote rural areas with limited healthcare resources, the Missouri healthcare system relies heavily on LPNs to maintain its operations and deliver vital care.

However, mistakes and understandings can snowball into overnight allegations that threaten your LPN license and ability to support yourself. If the Missouri Division of Professional Registration has notified you that your LPN license is on the line, look no further than the Lento Law Firm's Professional License Defense Team.

Our Team has extensive experience navigating healthcare license defense matters nationwide, especially within Missouri. Contact us today by calling 888-535-3686 or using our convenient online contact form.

The Missouri Division of Professional Registration

As an LPN in Missouri, you are already well-acquainted with the Missouri Division of Professional Registration. This state agency processed your application for licensure and continues to monitor your professional compliance. While it may have been many years since you last gave the Division a thought, it's essential to become familiar with the Division once again if you are facing allegations of misconduct. Acting alongside the Missouri Board of Nursing, the Division regulates Missouri LPNs through some of the following responsibilities:

Licensing and Certification

Issuing LPN licenses to qualified individuals and ensuring that these professionals are eligible to renew their permits by meeting periodic continuing education requirements.

Standards of Practice

Establishing standards for nursing education programs and providing guidelines on the scope of practice for LPNs.

Regulation and Enforcement

In instances of misconduct, monitoring compliance with the state's Nursing Practice Act. Investigating complaints, conducting disciplinary hearings, and, when necessary, acting against LPNs who violate professional standards.

The Missouri Nurse Practice Act

The Missouri Nurse Practice Act, detailed in sections 335.011 to 335.096 of the Revised Statutes of Missouri, governs nursing practice within the state. This Act establishes the standards, scope of practice, licensure requirements, and disciplinary procedures for nurses, including Licensed Practical Nurses (LPNs).

If you are facing misconduct allegations, someone, whether a member of the public or a colleague, alleges that you have somehow violated at least one of the many statutes in this Act. Though it would be too numerous to review every statute, some key sections relevant to your disciplinary process are reviewed and summarized below.

Scope of Practice

The Act defines key terms and outlines the scope of practice for LPNs in Missouri. The scope of practice refers to the types of actions LPNs are authorized to perform under the supervision of a registered nurse or physician. In some instances, someone may claim that you violated the act by acting beyond your scope of practice, meaning that you performed activities not unique to your licensure status or performed some professional duties without adequate supervision.

Licensure Requirements

These statutes detail the various licensure requirements you must meet to earn your LPN license, from fees to education and background checks. License violations can range from non-payment for periodic renewal requirements to cheating on an NCLEX exam.

Disciplinary Actions and Grounds for Discipline

Multiple sections of the Act address disciplinary action and grounds for discipline (both are explored below). These laws authorize the Board to issue, renew, suspend, or revoke licenses. The Act also details the (many) policies and procedures involved in complaint and hearing procedures.

Penalties for Violations

The Act discusses specific penalties for violating the provisions of the Act, which can include fines, imprisonment, and other disciplinary measures. Disciplinary penalties that relate to your license may consist of:

License Censorship: The most lenient form of discipline because it is only a public reprimand and is permanently recorded in the licensee's file.
Probation: Probation involves setting terms and conditions on a LPN's ability to practice. The licensee must adhere to these terms and conditions for the probationary period, which can last up to five years.
Suspension: When a suspension is imposed, LPNs halt their nursing practice for a period that cannot exceed three years.
Revocation: This is the most severe form of discipline. In such a case, LPNs cannot apply for licensure for at least one year and must meet all new applicant requirements, including retaking the licensure exam, subject to the Board's discretion.

Misconduct Allegations that Can Jeopardize Your Missouri LPN Career

Under Chapter 335 of the state's Occupations and Professions Code, the Board is authorized to take disciplinary action against any LPN for violating the state's Nursing Practice Act. Some common violations that can jeopardize your LPN license include:

Substance Abuse

Substance abuse allegations can quickly impact your LPN career. Unlawful use or possession of controlled substances, as defined by federal or state regulations, or alcohol consumption that impairs professional performance is prohibited.

Criminal Conduct

This occurs when an LPN has been found guilty or pleaded guilty or nolo contendere in a criminal case under state or federal law for any offense related to the qualifications, functions, or duties of the LPN profession. This includes offenses involving fraud, dishonesty, violence, or moral turpitude, regardless of whether a sentence is imposed.

Incompetency and Gross Negligence

Incompetency, gross negligence, or repeated negligence in performing professional duties can result in disciplinary actions. "Repeated negligence" refers to failing, more than once, to use the standard level of skill and knowledge expected in similar circumstances by others in the profession.

Overcharging/Overtreating Patient

Intentionally and repeatedly overcharging or overtreating patients, billing for nonexistent visits, unless prearranged, or charging for undocumented services is prohibited.

Additional Forms of Misconduct

Delegating professional services to someone not qualified to perform the service due to age, competency level, experience, or lack of licensure.
Sexual misconduct.
Failure to cooperate with the Board during any investigation.
Failure to timely pay/renew license renal pays.
Violating any probation or other settlement agreement with the Board or other licensing agency.
Failure to notify the board of a change of address within thirty days of changing residence
Any “unethical or unprofessional” conduct involving a minor.
Failure to “establish, maintain, or communicate” professional boundaries with a patient.
Failure to maintain a patient or colleague's confidentiality or privacy rights.
Failure to maintain appropriate medical records.
Being formally adjudged “insane or incompetent by a court of competent jurisdiction.”
Assisting or enabling another professional to violate any standards contained in the state's Nursing Practice Act
Violating any” professional trust or confidence.”
Failure or refusal to “properly guard against contagious, infection, or communicable diseases.”
Diverting or attempting to divert medication, controlled substances, or medical supplies for personal use.
Physical or mental illness that results through the deterioration of aging or loss of a motor skill or other disability that impairs the ability to practice as an LPN with reasonable judgment.
Any conduct constituting a “danger to the health, safety, or welfare of a patient or member of the public.”

The Disciplinary Process

While each investigation varies depending on the allegations, all disciplinary matters follow specific steps to ensure you receive "Due Process." This legal principle guarantees that you are informed of the claims and allowed to present your side of the story before a neutral decision-maker, such as a hearing officer or judge. Below, we explore and summarize the state's Nursing Practice Act, which aims to ensure Due Process in disciplinary matters.

The Complaint Phase

Disciplinary matters are first launched when a member of the public or a colleague contacts the Missouri Board of Nursing to file a complaint against you. Complaints can be submitted in various ways, including in-person deliveries to the Board of Nursing's office, by mail, or fax. While many people may call with “grievances,” the Board only investigates complaints that “contain sufficient information” and allege conduct that violates the state's Nursing Practice Act.

The Investigation Phase

After receiving a complaint, the Board conducts an initial review to determine whether the allegations fall within its jurisdiction and whether sufficient reasons warrant a formal investigation. If the complaint is not deemed frivolous, it will be assigned to an investigator who typically has experience in nursing or healthcare regulation.

The investigator then proceeds with the investigation by collecting relevant evidence. At this stage, they may seek out a patient's medical records, employment records, statements from witnesses, and any other documentation that sheds light on the alleged violations.

At this juncture, you will also be notified about the investigation and allowed to respond to the allegations. Responses may be written or shown in the form of an interview. Though many professionals provide these statements in good faith, they do not realize that some of their statements may contradict themselves. For best results, providing a statement that helps bolster your defense, our Professional License Defense Team can help you explore any evidence, explanations, and mitigation factors that may influence the investigation in your favor.

Finally, in cases involving complex medical or clinical issues, the investigator may need to consult with an expert to better understand the technical aspects of the case.

Board Review and Decision

Once the Board receives the investigator's report, it will determine whether sufficient evidence supports the misconduct allegations. If the evidence is weak, the board may choose to dismiss the case or pursue an informal resolution. If the board feels sufficient evidence exists to warrant a possible disciplinary sanction, the matter can proceed to a formal disciplinary hearing.

The Adjudicatory Phase

If the issue is not resolved through a consent order or settlement agreement, it will likely advance to an adjudicatory proceeding. Although these hearings are not formal jury trials, they resemble court proceedings in their formal and structured approach, ensuring fairness and due process.

During the hearing, the state's counsel and the accused LPN's representative will have the opportunity to present testimony, conduct cross-examinations, make arguments, and introduce evidence to support their positions. Self-representation at these hearings is not recommended due to their technical nature, requiring expertise in state licensing laws, evidence codes, and administrative regulations.

Final Decision and Appeal

After considering all evidence and testimonies, the Board makes a final decision, which can include disciplinary actions such as fines or license suspension and revocation.LPNs have a right to appeal the Board's decision to the legal system. If you believe the Board's decision was unjust or not supported by the evidence, our Professional License Defense Team can help.

Why Do I Need Professional License Defense Assistance?

Navigating disciplinary proceedings in Missouri can be daunting, mainly when your career as an LPN is at stake. It's crucial to act quickly and with careful planning. Our Professional License Defense Team is here to support you through every step of this challenging journey. Whether you've just received an investigation notice, are facing a formal complaint, or are considering an appeal against a sanction, we are here to help.

We begin by comprehensively understanding your situation to help you develop a strategy tailored to your objectives. During this phase, we assist you in drafting and submitting your initial response to the complaint, collecting vital evidence, and coordinating with essential witnesses.

In the settlement phase, we will represent you in negotiations with the state, your employer, or your facility. While it is expected to feel pressured to accept unfavorable terms, we will help you fully understand the process, the value of your concessions, and whether settling is genuinely in your best interest.

Should your case advance to a hearing, we will craft persuasive opening and closing statements, skillfully examine and cross-examine witnesses, and present evidence to bolster your defense. We aim to ensure you are effectively represented and your perspective is conveyed. With our Team supporting you, you can confidently manage this intricate and stressful process.