To become a nurse practitioner in Nevada, you must obtain a license identifying you as an Advanced Practice Registered Nurse (APRN). If a patient or other such party ever accuses you of a violation, the Nevada State Board of Nursing may investigate the matter. You could lose your license temporarily or permanently if the Board finds a violation has occurred.
Suspension or revocation of your APRN license can jeopardize your livelihood. If someone has made a complaint against you, having a proper defense is critical.
At the Lento Law Firm, our Professional License Defense Team is on hand to offer the legal assistance you need right now. Learn more about what we can do for you by calling us at 888-535-3686 or reaching out through our online contact form.
Your Rights When Someone Makes a Complaint to the Nevada State Board of Nursing
The Nevada State Board of Nursing investigates when it receives information indicating an APRN or similar professional has broken the law. Specifically, the Board investigates when it receives information about an alleged violation of the Nurse Practice Act.
The Board won't take disciplinary action without first ensuring the APRN accused of breaking the law is given due process. This involves:
- Providing notice of the charges and a description of the accusations
- Providing the APRN with a hearing or the opportunity to participate in one
You have certain rights in these circumstances if someone has accused you of breaking the law. They include:
- The right to a formal hearing
- The right to hire a lawyer
- The right to opt out of participating in a formal hearing
- The right to refuse to sign anything related to the case
- The right to see the full complaint made against you
- The right to appeal your case
The Board will review the evidence your accuser provides. It may dismiss the complaint entirely if the Board finds the evidence is flimsy. If the evidence is strong enough, the Board may take some form of disciplinary action.
Exercising your right to an attorney is very wise in this situation. Although you can hire a lawyer at any stage in the process, enlisting a legal professional's help early may help you guard against complications that could interfere with your work.
Legal Powers the Nevada State Board of Nursing Has to Discipline You
The Board may take disciplinary action if it finds a complaint against you is valid. Forms of disciplinary action the Board may take include:
- Denial
- Reprimand fee
- Suspension
- Probation
- License or certificate revocation
The Board accounts for various factors when determining what type of disciplinary action to take. They are:
- How severe the alleged offense is
- How recently the alleged offense occurred
- The extent to which the offense represents a deviation from standard practice
- Whether there's evidence of rehabilitation on your part
- Your ability to practice safely
- Whether you've been subject to any past disciplinary actions
- Any other relevant mitigating factors
If a complaint arises from a chemical dependency issue on the part of an APRN, the Board also has the option of letting an APRN participate in a program that helps them re-enter the workforce in a “paced” manner as they recover.
The Board maintains records of disciplinary actions it's taken within recent timeframes. Checking examples of these records could help you better understand the types of actions the Board might take in your case.
Your goal may be to avoid such actions. Although no one can promise a specific outcome, our Professional License Defense Team at the Lento Law Firm can offer the representation you deserve when your ability to practice as an APRN is in jeopardy.
What Types of Complaints May Lead to Disciplinary Action from the Nevada State Board of Nursing?
The Board cites multiple types of common complaints that may trigger disciplinary action against an APRN. They include:
- Practicing beyond the scope permitted by your professional license
- Neglecting, abusing, or exploiting patients
- Engaging in fraud when applying for a license or position (such as lying about a criminal record or past disciplinary actions)
- Drug or alcohol issues resulting in impaired practice
- Incompetence
- Criminal convictions relevant to an APRN's role and responsibilities
That's not necessarily a complete list. Although these are the most common types of complaints the Board investigates, they're not the only complaints patients or other such parties might make against an APRN.
The Board's investigators include registered nurses. Other professionals with relevant knowledge and training may also participate in an investigation.
What Does a Nevada State Nursing Board Investigation Involve?
The investigation process when the Board looks into a complaint someone has made against you involves these steps:
- Notice: An investigation begins when you receive a certified letter explaining the nature of the complaint made against you. The letter will also identify the party who made the complaint. The notice will provide information about your rights and disciplinary outcomes you may face. Additionally, it will include the name and contact information of the primary investigator handling your case.
- Document review: The Board will typically gather and review various types of potentially relevant documents (such as personnel files) during its investigation. It may need to subpoena certain records to gather all the documents the Board deems relevant. The Board may also interview witnesses during this stage.
- Evidence evaluation: After gathering the relevant documentation and, if necessary, interviewing witnesses, the investigator will present the Board with the evidence for review. Investigators will evaluate the evidence and decide whether to close your case or proceed with further action.
If the Board doesn't close a case, the investigation will continue. Parties such as the Board's Director of Nursing Practice will review the progress of the investigation and its eventual conclusions.
You May Enter into a Settlement Agreement With the Nevada State Nursing Board
The Board may offer you a settlement agreement if its investigators determine you committed the alleged violation. The specifics of a settlement agreement can vary on a case-by-case basis. However, a settlement agreement will usually consist of the following:
- An admission on your part that a violation happened
- An agreement to accept a form of disciplinary action
The Board will address the agreement at its next meeting if you sign it. The agreement won't go into effect until the Board formally accepts it. Even if you sign the agreement, the Board can still choose to reject it.
Understanding the potential implications of a settlement agreement can be difficult if you've never faced disciplinary action before. At the Lento Law Firm, a lawyer can review a proposed agreement and help you better appreciate how signing it may affect you in both the short and long term.
What Does a Nevada State Nursing Board Hearing Involve?
You may choose to participate in a hearing with the Nevada State Nursing Board if you decide not to accept a settlement agreement. When you request a formal hearing, the process involves these steps:
- Filing formal charges: The Board's general counsel will file charges against you in an Administrative Complaint and Notice of Hearing. At least 21 work days before the scheduled hearing, you will receive a copy of said notice. Be aware that, at this stage, a complaint against you will become a matter of public record. Anyone looking into the issue can theoretically find out about the complaint, which they would not have been able to do previously.
- Presenting a case: An administrative hearing gives both you and the Board the opportunity to present your cases. The Board will present its case via its general counsel. You may present your case on your own or through an attorney. You may also call your own witnesses or cross-examine the Board's witnesses at this stage. Throughout the entirety of the hearing, the Board may ask questions of anyone participating in the proceedings.
The Board will consist of seven individuals qualified to evaluate your case. Upon hearing both sides, the Board members will determine whether a violation has taken place and issue an official order accordingly. This could all take place on the same day as your hearing.
The Board will also summarize its decision in a Findings of Fact, Conclusions of Law, and Order document. You will receive a copy of this document via mail after the Board makes a decision about your case.
If the Board does take disciplinary action against you upon the conclusion of a hearing, it will publish information regarding said action in its public record of disciplinary actions. The Board will also report information about the disciplinary action taken against you to the National Council of State Boards of Nursing and any other national databanks relevant to your case.
You technically have the right to represent yourself during a hearing in front of the Board. That said, having professional legal assistance may positively influence your case's outcome. Protect yourself by contacting the Professional License Defense Team at the Lento Law Firm before your hearing.
Reasons the Nevada State Nursing Board May Close Your Case
Remember, the Board may not decide to proceed with an investigation or further action against you if it closes your case after reviewing the evidence. Reasons the Board may close your case instead of proceeding with further action include:
- Lack of jurisdiction: The Board may find that, due to the nature of the complaint, it doesn't have jurisdiction over the matter. For example, perhaps a patient lodged a complaint against you, but a review of the complaint indicates they're actually accusing your employer (such as a healthcare facility) of a violation.
- Insufficient evidence: The Board typically won't proceed with an action if the evidence supporting a complaint is weak.
- Minor violation: Sometimes, even if the Board has reason to believe a violation has occurred, it will conclude that the violation is too minor to justify taking disciplinary action. An example the Board provides is an APRN making a single medication error with minimal consequences. One mistake of this nature may not be significant enough to warrant taking action against you.
- Systemic errors: Another reason the Board might not take disciplinary action despite finding a violation occurred is systemic errors or issues. The Board may find the error stemmed from the system and not a mistake you made as an individual.
- The issue has been addressed: The Board isn't the only party that may correct an issue when a violation occurs. For example, the Board might find that your employer has already taken sufficient action to address a complaint. The Board may determine no further action is necessary in these circumstances.
The Board explains that the above list isn't complete. It reviews every case individually and may decide not to proceed with a case against you based on reasons other than the above.
The Board can also make mistakes. It's possible the Board will decide not to close your case when it actually should have.
You can appeal the outcome if the Board elects to discipline you. If you haven't already consulted with a lawyer yet, now is an ideal time to do so. Our Professional License Defense Team at the Lento Law Firm is prepared to help you navigate the appeals process.
Appealing a Decision from the Nevada State Board of Nursing
You have 30 days from the date you received notice of the Board's decision to request an appeal. You can submit a written request to the Board to ask for an appeal of its findings.
The Board will typically schedule your appeal for its next Board meeting if it decides to grant your request. The Board will send you notice of the appeal hearing through certified mail.
Your strategy when appealing the Board's findings will depend on the specifics of your case. Points you may bring up during an appeal include:
- The evidence against you isn't as strong as the Board states
- The violation resulted from a systemic error
- The nature of the disciplinary action against you is excessive, given the nature of the violation
Those are just a few examples. One of the best ways to strengthen your case before an appeal (or at any stage of this process) is to enlist the help of a professional with experience handling cases like yours.
That's exactly what you'll find at the Lento Law Firm. To find out how our Professional License Defense Team can protect your livelihood, contact us online or call our offices at 888-535-3686 today.
