A certified nurse practitioner (CNP) is a type of Advanced Practice Registered Nurse (APRN) in Nebraska. To become a CNP in Nebraska, a nurse must fulfill various requirements, such as passing a national certifying examination and maintaining an active board certification.
Whether you're currently a Nebraska CNP or you're applying for your certification, you've worked hard to reach this stage of your career. You don't want your license jeopardized because of a complaint.
However, allegations of misconduct from patients and other such parties can arise for numerous reasons. If someone has filed a complaint against you, having a proper legal defense may significantly impact your future.
The Professional License Defense Team at the Lento Law Firm is on hand to review your case and explain potential legal options. Navigating these circumstances alone isn't advisable. To learn more about how we can provide critical assistance to CNPs and other such professionals like you in these circumstances, submit our online contact form or call us today at 888-535-3686.
Who Addresses Complaints Against Nurse Practitioners in Nebraska?
The Nebraska Department of Health and Human Services (DHHS) handles complaints against health care providers and facilities in the state. DHHS recommends that anyone with a complaint first report their concerns to the relevant facility or supervisor.
If the facility or supervisor doesn't address their concerns properly, or if a complainant is unable to report their concerns to a facility or supervisor for any reason, a complainant may then file a complaint with the DHHS Licensure Unit. The Licensure Unit may investigate the matter itself. Or, it might refer a complainant to the appropriate agency responsible for handling complaints of this nature.
The Nebraska State Board of Nursing will typically handle a complaint against a CNP. The Board is a division of DHHS.
Reasons Someone May File a Complaint Against a Nebraska Nurse Practitioner
The Nebraska Nurse Practice Act governs all types of nursing licenses in the state. A CNP's license in Nebraska is subject to the state's various regulations and statutes for nurses.
A patient, colleague, or other party with knowledge of an alleged violation may file a complaint with the DHHS. Common reasons someone may file a complaint against a CNP include:
- Gross incompetence: The fact that someone has obtained a license to practice as a CNP in Nebraska doesn't always mean they're qualified for their job. Someone might file a complaint against a CNP if they demonstrate incompetence.
- Pattern of negligent conduct: All healthcare professionals must adhere to certain accepted standards of care. Negligence occurs when a healthcare professional commits a breach of these standards. A pattern of negligent conduct could justify filing a complaint against a Nebraska CNP.
- Unprofessional conduct: Unprofessional conduct on the part of a CNP can take many forms. Sometimes, unprofessional conduct merely involves using language inappropriate to one's role and job setting. In more significant instances, unprofessional conduct might involve having an inappropriate relationship with a patient.
- Practicing while impaired: You may already understand that someone can file a complaint against a healthcare professional in Nebraska if they have reason to believe they've practiced while impaired by alcohol or drugs. Someone can also file a complaint against a healthcare professional if they suspect them of practicing while impaired due to a mental, emotional, or physical disability.
- Mishandling of controlled substances: Healthcare professionals often have access to drugs. They may be subject to complaints when others suspect them of mishandling these substances. In addition, due to reporting requirements, the clerk or county district court must file a report with DHHS when a CNP or other such professional is convicted of a crime related to the mishandling of controlled substances. In addition, someone could file a complaint against a CNP they suspect of having a substance abuse problem.
- Other convictions: Other types of relevant criminal convictions and civil judgments may justify filing a complaint against a CNP in Nebraska. For example, perhaps a civil judgment involves a nurse being found liable for negligence or malpractice. Their license may be in jeopardy as a result.
- Fraud or theft: Engaging in fraud, theft, or other such forms of deception may result in a complaint against a CNP. For example, a CNP's colleague may report them to DHHS if they find a CNP has falsified patient or personnel records.
That's not necessarily a full list of all the reasons various parties may have for filing complaints against a CNP in Nebraska. If someone files a complaint against you, understanding the nature of their accusations can help you mount a defense.
So can enlisting the help of qualified legal professionals. If you're the target of a complaint, take a proactive approach by getting in touch with our Professional License Defense Team at the Lento Law Firm.
What Happens When Someone Files a Complaint Against a Nurse Practitioner in Nebraska?
DHHS may investigate when it receives a complaint against a CNP. Before launching an investigation, DHHS will consider several factors to determine whether an investigation is warranted. These include:
- Whether DHHS has the authority to investigate based on the nature of the complaint
- Whether evidence indicates the complainant has filed the complaint in good faith
- Whether the complaint is timely enough for an investigation to be fruitful
- Whether the complainant is willing to participate in the investigation as a witness
- Whether the complainant has provided sufficient information to suggest that, if their allegations are proven true, a CNP would be subject to disciplinary action
- Whether an investigation has the potential to yield evidence from other sources to support a complainant's allegations
DHHS may notify you if you're the subject of a complaint. However, the law doesn't require DHHS to do so. DHHS may thus only notify you if at least one of the following applies:
- The complainant or mandatory reporter has authorized DHHS to notify you of the complaint
- DHHS determines it will be unable to conduct a proper investigation without notifying you
DHHS will review the general details of a complaint and decide whether to move forward with an investigation. Upon reaching a decision, DHHS will notify the complainant accordingly.
Per the Uniform Credentialing Act, DHHS can temporarily limit or suspend your license without advance notice if it has reason to believe an ongoing threat of harm or danger exists. Thus, you may lose your privileges as a CNP without warning when someone files a complaint against you.
You may have limited options to defend yourself if DHHS doesn't notify you about a complaint. However, as soon as you learn a complaint has been made, strongly consider getting in touch with an attorney. A member of our Professional License Defense Team at the Lento Law Firm can help you begin working on your defense strategy early, potentially guarding against unwanted outcomes.
What Happens if the Nebraska DHHS Proceeds With an Investigation Into a Nurse Practitioner?
If DHHS finds that a complaint against a CNP warrants an investigation, the process will involve these steps:
- Investigation: DHHS will investigate the matter by reviewing evidence (such as personnel files) and witness statements. There is no set timeline for how long an investigation may take. According to DHHS, the process may involve “considerable time and effort.” The investigator assigned to your case will prepare a report for the Board upon the conclusion of the investigation. DHHS may dismiss the complaint if, during the course of the investigation, it finds there isn't sufficient evidence to support the allegations against you.
- Board review: The Board of Nursing will review the DHHS investigator's report and determine the next appropriate steps. Sometimes, the Board may choose to dismiss a complaint, even if DHHS did not do so. The Board can also decide a temporary immediate suspension of your license is necessary. In some instances, the Board may attempt to work directly with you to remedy the issue. In other circumstances, the Board may recommend disciplinary action to the Attorney General. The State of Nebraska offers a flowchart providing more detail about these steps of the complaint process.
- Attorney General review: The Attorney General's office will review the Board's recommendations and the overall details of the case if the Board recommends disciplinary action.
What happens next can vary depending on numerous factors. If the Attorney General finds there is evidence you've violated a statute, they can:
- File a petition with DHHS to take disciplinary action
- Negotiate with you to voluntarily surrender your license or agree to a similar limitation of your credential
- Enter into an assurance of compliance with you, which essentially involves you receiving a warning and assuring that you will address the issues that triggered the initial complaint
If the Attorney General files a petition with DHHS instead of negotiating a deal with you, you can deny the allegations and participate in an Administrative Hearing before DHHS. Your license will be subject to temporary suspension at this stage.
A hearing gives you the opportunity to present your case to DHHS before it decides to take disciplinary action. It's very wise to have legal representation during a hearing.
Contact the Professional License Defense Team at the Lento Law Firm ahead of time. The more time we have to prepare for your hearing, the better.
How a Complaint in Nebraska Can Affect Your Privileges in Other States
Nebraska, like most states, participates in the Nurse Licensure Compact. Generally, the Nurse Licensure Compact offers certain benefits to CNPs and other such nursing professionals.
For example, if you have a license to practice nursing in a state that participates in the Compact, and you move to another state participating in the Compact, you don't need to obtain a new license. You may also offer telemedicine services and travel to practice nursing.
However, Nebraska's participation in the Nurse Licensure Compact can have significant implications for your future if a complaint results in the revocation of your license or similar forms of disciplinary action.
Per the Uniform Requirements for a Multistate License, to obtain a license to practice nursing in multiple states, you must meet the licensure requirements in your home state. In addition, you must hold or be eligible for “an unencumbered license (i.e., without active discipline).”
Revocation of your license in Nebraska could stop you from practicing medicine elsewhere in the country. Even if you meet licensing requirements in another state, the damage to your reputation could make it difficult for you to find potential employers willing to give you an opportunity.
Reinstating a Revoked Nurse Practitioner License in Nebraska
It may be possible to have your license reinstated after revocation. A CNP may be eligible for license reinstatement after discipline in the following circumstances:
- You voluntarily agreed to suspend, surrender, or limit your license for an indefinite period of time
- You voluntarily surrendered your license for a definite period of time, and that period of time has since elapsed
- It has been two years since revocation of your license
Along with requesting reinstatement, you may request that probationary conditions or limitations on your license be lifted. You may not be eligible for license reinstatement if you voluntarily surrendered your license permanently.
The process of reinstating your license can be time-consuming and complex. One way to potentially improve your odds of achieving reinstatement is to coordinate with legal professionals who can assist with this process. Learn more by contacting our Professional License Defense Team at the Lento Law Firm.
Why You Need a Nebraska Nurse Practitioner License Defense Attorney
Our team assists CNPs and other nursing professionals throughout Nebraska, including these key metro areas:
- Omaha
- Lincoln
- Sioux City
- Fremont
- Beatrice
- Columbus
- Hastings
If you practice nursing in Nebraska and your license is in jeopardy because of an allegation of misconduct or a similar complaint, we can offer valuable representation. Ways we may help include:
- Speaking on your behalf during hearings and other relevant proceedings
- Helping you draft a response to a complaint
- Potentially showing why a complaint should be dismissed
- Helping you determine whether entering into an agreement with DHHS is the right decision
The specific ways we can protect your future will depend on the specific nature of your case. If you agree to work with us, we'll tailor our strategy to your needs. Learn more about what our Professional License Defense Team at the Lento Law Firm can do for you by calling us today at 888-535-3686 or submitting our online contact form.
