Nevada's licensed practical nurses (LPNs) are some of the most vital personnel in the state's healthcare field. They hold caregiving and life-saving positions in a variety of environments, from medical facilities and outpatient centers to hospice care settings and community clinics. An LPN's daily duties range from educating patients and their family members on medications to engaging in emergency interventions. Still, one faced every moment is maintaining compliance with Nevada nursing license regulations.
Despite years of education and clinical training, a single submitted complaint or rule violation can spell the end of an LPN's career. The governing board provides some opportunities for licensees to defend themselves against allegations, but the complexity of the process doesn't leave much hope for redress. Failing to hire help quickly means authorities will punish licensees with the following:
- Practice restrictions and mandatory continuing education
- Fines and restitution
- License probation, suspension, or termination
Some may believe that hiring an attorney is too excessive to help them but think again. The Lento Law Firm Professional License Defense Team understands the administrative procedures state licensing boards use to address misconduct allegations, complaints, and other nursing violations. We know that LPNs have worked tirelessly to obtain their license to practice, and it must be protected at all costs. Call us at 888-535-3686 now or submit your details, and we will contact you.
Nevada State Board of Nursing Licensing Standards
The Nurse Practice Act (NPA) defines the scope of the LPN practice and sets forth the qualifications and procedures for obtaining and maintaining a nursing license. The NPA allows the Nevada State Board of Nursing (NSBN) to create a framework of compliance for licensees to ensure the protection of the public health, safety, and welfare.
One of the most essential tenets of the NSBN's regulations is providing guidelines for appropriate conduct. Allegations of unprofessional conduct are among the most common reasons for disciplinary investigations and sanctions. There are well over three dozen acts the NSBN considers punishable conduct, including the following:
- Assigning or delegating tasks or responsibilities to unqualified healthcare team members.
- Diverting supplies, equipment, or drugs for personal or unauthorized use.
- Lack of collaboration with healthcare team members as necessary to meet patient needs.
- Emotional, physical, or verbal abuse of patients or their visitors.
- Inaccurate recording, falsifying, altering, or destroying records.
- Engaging in sexual contact with patients, clients, coworkers, or supervisors.
- Criminal arrests, charges, or convictions.
- Failure to assess a patient accurately or intervene appropriately on their behalf.
- Failing to abide by any state or federal statute or regulation relating to the practice of nursing.
While the NSBN lists numerous acts occurring within the scope of nursing that are violations of the NPA, the board also governs some outside the confines of the healthcare environment. For instance, the NSBN explains that engaging with "social media outlets, platforms, and applications…can pose a risk as it offers instantaneous posting opportunities that allow little time for reflective thought and carries the added burden that what is posted on the Internet can be discovered by law even when it is long deleted."
Although posting on social media does not directly violate NSBN conduct standards, there is increased scrutiny since LPNs are public-facing professionals. Yet, some matters are outside the board's jurisdiction and not overseen by the NPA, such as the following:
- Coworker conflicts
- Licensee absenteeism
- Billing disputes
The NSBN has the authority to investigate every allegation and levy discipline on licensees. However, there aren't board monitors patrolling the hallways of hospitals and medical facilities throughout Nevada. Complaints are lodged through the NSBN's online portal.
Nevada LPN Complaint Process and Investigations
Complaints against an LPN's conduct can come from anyone who has information about an NPA violation, which can include consumers—such as patients and clients—but also other nurses, coworkers, law enforcement or emergency personnel, and regulatory agencies. Nevertheless, licensees are required to report NPA violation or they are subject to discipline themselves, as are law enforcement personnel, social workers, and medical administrators.
Accusers (complainants) must provide as much information as possible, including the name and license number of the LPN involved, and summarize the incident, as well as presenting the contact information of potential witnesses. The complaint is reviewed by NSBN staff, including the board's general counsel, to determine if the information alone or together with evidence is an NPA violation and requires an investigation.
If the complaint meets the criteria, the board assigns an investigator and sends the accused (respondent) a certified letter listing the allegations made against them and an explanation of their rights. Two critical due process rights LPNs have are:
- The right to respond to the allegations in a hearing.
- The right to be represented by an attorney.
The NSBN investigator will collect and review a variety of evidence, from medical reports and patient files to witness testimony and previous employment records. They may also can obtain subpoenas for anything they may need to substantiate the allegations.
Respondents who fail to reply to the notice of allegations won't automatically be found responsible for any subsequent charges. However, that doesn't mean respondents shouldn't. At this point in the disciplinary process, LPNs should have retained an attorney who can respond to the investigator with evidence or witness statements in support of their defense. Once an LPN hires an attorney from the Lento Law Firm Professional License Defense Team, the investigator will only speak with us, allowing LPNs to continue focusing on their practice.
After gathering and analyzing the data, the investigator presents a report to the NSBN for internal review. The board will decide to pursue the complaint and a settlement agreement with the LPN or close the investigation. The NSBN may close the matter for the following reasons:
- Lack of jurisdiction
- Insufficient evidence
- The incident happened too far in the past
- The violation doesn't warrant discipline
- Errors were a result of a system, not an individual
- The LPN or their employer addressed the matter through remediation
If the investigation is closed, however, complainants may submit further evidence for the case or file a complaint with another agency with jurisdiction.
NSBN Settlement Agreements
If the evidence analyzed by the NSBN supports an NPA violation, they will offer a settlement agreement to avoid a full hearing, depending on the violation. LPNs must admit responsibility for the alleged violation that occurred.
For their admission, the board will hand down sanctions that may be less severe than the maximum punishment allowed. For instance, if an LPN fails to document a patient's change in recovery during their shift, they will likely be given forms of discipline that typically do not change the status of their license, such as:
- Written reprimands
- Fines
- Minor practice limitations or restrictions
- Mandatory continuing education
Sometimes, an LPN may be asked to voluntarily surrender their license. However, that generally occurs when the allegation involves serious patient injury and other significant effects.
Once an LPN signs the agreement, it's placed on the board's agenda to ratify at their next meeting. Sanctions are not implemented until accepted and may be rejected by the board. Upon acceptance, the disciplinary action is reported to the National Council of State Boards of Nursing (NCSBN) Nursys database and other relevant national archives.
Critically, LPNs cannot appeal action following a settlement agreement. If they disagree with the board's charges against them, they can advocate for a formal hearing.
Formal Hearings and Sanctions
To begin the hearing process, the board's general counsel files formal charges through an administrative complaint. LPNs, also called respondents, receive a notice of hearing with the date and approximate time of the hearing at least 21 business days before the scheduled hearing.
During the administrative hearing, the general counsel presents the board's case against the licensee to the seven-member board panel. LPNs or their legal representative have the opportunity to present their side of the case, including calling witnesses and cross-examining those of the board's counsel. After hearing the case, the panel will decide if the LPN is responsible for an NPA violation.
Actions the board can take range from dismissal of the complaint to any of the following:
- Formal reprimands
- Citations and fines
- Probationary period (up to one year)
- License suspension (up to five years)
- License revocation (up to 20 years)
Moreover, LPNs found responsible for violations may be ordered to pay the investigation and hearing costs.
Nevada Contested Case Hearing
The Nevada Department of Administration Hearings Division (DAH) will manage the process, and a hearing must be held within 45 days. The goal of the hearing will be to decide whether the licensee has, in fact, violated the NPA, and if sanctions should be imposed.
Before proceedings, the hearing officer 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 will provide opportunities for each party to present evidence, submit testimony, and provide arguments to the hearing officer.
The board's charges against the LPN must be proven by a preponderance of the evidence, meaning that the evidence shows the existence of the contested fact is more true than not. Typically, the hearing officer issues a decision within 60 days from the beginning of the process, which will affirm, deny, or modify the board's determination. The NSBN will then vote on the hearing officer's decision.
Consequences of LPN License Discipline
Although an LPN's license is suspended or revoked in Nevada, that doesn't mean they can move elsewhere and work. States utilize the 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 NSBN discipline affecting them.
Furthermore, Nevada LPNs could get into trouble with other professional licenses. For instance, if an LPN also has a license for public accountancy, and they are disciplined for a violation that the Nevada State Board of Accountancy also considered a breach of conduct, additional sanctions are possible. Nevertheless, each case is different and there's no way to know show sanctions will affect each individual.
We Serve LPNs Throughout Nevada
The Lento Law Firm Professional License Defense Team understands NPA violations, and other rule infractions can end even the most competent LPN's career. Our team has what it takes to negotiate with state authorities like the NSBN to offer beneficial resolutions. We serve all LPNs practicing in Nevada, and our team is familiar with many employers, including but not limited to the following:
- AMG Specialty Hospital (Las Vegas)
- Banner Churchill Community Hospital (Fallon)
- Carson Valley Medical Center (Gardnerville)
- Centennial Hills Hospital Medical Center (Las Vegas)
- Desert Parkway Behavioral Healthcare Hospital (Las Vegas)
- Encompass Health Rehabilitation Hospital of Desert Canyon (Las Vegas)
- Grover C. Dils Medical Center (Caliente)
- Henderson Hospital (Henderson)
- Ioannis A. Lougaris VA Medical Center (Reno)
- Mesa View Regional Hospital (Mesquite)
- Mike O'Callaghan Federal Hospital (Nellis Air Force Base)
- Mountain View Hospital (Las Vegas)
- Northern Nevada Medical Center (Sparks)
- North Vista Hospital (North Las Vegas)
- PAM Rehabilitation Hospital of Centennial Hills (Las Vegas)
- Pershing General Hospital (Lovelock)
- Renown South Meadows Medical Center (Reno)
- Sana Behavioral Health (Las Vegas)
- Southern Hills Hospital and Medical Center (Las Vegas)
- Sumerlin Hospital and Medical Center (Las Vegas)
- Tahoe Pacific Hospital (Reno)
- University of Las Vegas Medical Center (Las Vegas)
- Valley Hospital Medical Center (Las Vegas)
- William Bee Ririe Hospital (Ely)
Even if your employer isn't listed above, we can still provide you with guidance and legal representation.
Contact the Lento Law Firm Professional License Defense Team
Defending your Nevada LPN license is our top concern. While you may think an attorney is too extreme of an option to protect against the NSBN, think again.
LPNs need an experienced team that knows how to negotiate with state authorities, understands administrative proceedings used by the NSBN and DAH, and how to ensure every means of redress is explored. Avoid Local trial attorneys that advertise their courtroom strategies and aggressive tactics to provide license relief.
You need the care and attention to detail provided by the Lento Law Firm Professional License Defense Team. Call us at 888-535-3686 today to learn how we will protect your Nevada LPN license, or fill out our consultation form.
