The Lento Law Firm Defends New Hampshire Licensed Nursing Assistants (LNAs)
New Hampshire is an attractive state in which to practice as a licensed nursing assistant (LNA), known in other states as a nurse aide or certified nursing assistant (CNA). New Hampshire's beautiful natural environment enhances the abundant LNA opportunities in relatively large cities like Manchester, Nashua, Concord, Derry, Dover, and Rochester. Fine hospitals and medical centers like Dartmouth Hitchcock Medical Center in Lebanon, Catholic Medical Center in Manchester, and Concord Hospital in Concord offer nurse aides many medical settings in which to practice, while large home health agencies like Amedisys Home Health, Bell Tower Home Health, Caretenders, Concord Regional VNA, and Healthy at Home offer nurse aides attractive residential care opportunities.
New Hampshire licensed nursing assistants (LNAs) can also advance their nursing careers while working as a nurse aide in the state, at fine state nursing schools like those at the University of New Hampshire, Granite State College, Keene State College, and Southern New Hampshire University.
New Hampshire licensed nursing assistants, though, must retain their license in good standing against professional disciplinary charges if they are to enjoy those many benefits of New Hampshire nursing practice. If you face LNA disciplinary charges threatening your LNA job and nursing career, then retain the Lento Law Firm's premier Professional License Defense Team for skilled and experienced defense whether in Manchester, Nashua, Concord, Derry, Dover, Rochester, or any other New Hampshire location. Call 888.535.3686 or chat with us now for New Hampshire licensed nursing assistant defense.
New Hampshire LNA Disciplinary Charge Nationwide Stakes
New Hampshire recognizes the licensure of nurse aides or nursing assistants by endorsement. Nursing assistants holding CNA or similar certification or registration in another reciprocating state may complete New Hampshire's license by endorsement form to avoid having to repeat training, exam, and experience requirements already met in the reciprocating state. And you may similarly take your New Hampshire LNA endorsement to readily obtain a CNA or equivalent endorsement in another reciprocating state. But if you lose your New Hampshire LNA endorsement to disciplinary charges, you lose your reciprocal rights in those other states. Face, defend, and, if possible, defeat your license disciplinary charges now in New Hampshire rather than ignore them, suffer default and discipline, and lose your right to practice as a nursing assistant across the U.S. Let our Defense Team help.
New Hampshire Nursing Assistant Disciplinary Actions
New Hampshire's Office of Professional Licensure and Certification publishes disciplinary actions against licensed nursing assistants (LNAs) online for employers, licensing authorities in other states, patients, residents, their family members, and the public to see. The online reports give your name, license number, and penalty while referring persons interested in learning the details of your offense to your individual disciplinary record located in a searchable database. If you suffer discipline, you cannot keep that discipline confidential. You won't be able to conceal your discipline from employers, licensing authorities in other states, or others. Get our help to face the charges now for the best possible outcome.
New Hampshire Nursing Assistant Licensure
New Hampshire's Nurse Practice Act establishes the state's Board of Nursing to regulate the nursing practice of RNs, LPNs, advanced practice nurses, and licensed nursing assistants (LNAs). New Hampshire Statute Section 326-B:26 authorizes the Board of Nursing to establish and maintain a searchable Nursing Assistant Registry in which to record the names of nursing assistants whom the Board approves for licensure and to record any later discipline against those LNAs. New Hampshire nursing assistants may license in any one of three ways. Section 326-B:19 authorizes the Board of Nursing to license a nursing assistant after training and by exam. Section 326-B:21 authorizes licensure by endorsement for nursing assistants already holding licensure or certification in another state. And Section 326-B:21-a authorizes licensure by alternative experience. You cannot practice in an approved healthcare facility or nursing home without a license. Section 326-B:41-a threatens a misdemeanor criminal charge and conviction for practicing as a nursing assistant without a license.
New Hampshire Nursing Assistant Qualification
New Hampshire and other states must maintain rigorous nursing assistant training programs if healthcare and nursing facilities in the state are to qualify for federal funding. Federal regulations set forth the specifics of those required training programs, which New Hampshire and other states adopt. Approved training programs in New Hampshire, like the one at Manchester Community College, generally require sixty hours of classroom instruction, sixty more hours of clinical instruction, and additional laboratory instruction enabling a candidate to take and pass the LNA licensing exam. Manchester Community College's program, typical of all other programs in the state, instructs candidates in “direct patient care, communication, infection control, safety and body mechanics, and legal and ethical issues” through “a combination of classroom, lab, and clinical practice in a medical setting.” You worked hard for your New Hampshire nursing assistant license. Don't lose it to disciplinary charges. Get our help.
New Hampshire Nursing Assistant Disciplinary Authority
New Hampshire Statute Section 326-B:37 grants the Board of Nursing the express authority to accept complaints against a nursing assistant or other nursing professional, investigate those complaints, notify the accused nursing assistant of a formal disciplinary proceeding, hold disciplinary hearings, and impose sanctions up to revocation of the nursing assistant license. Do not doubt the authority of the Board of Nursing to revoke your nursing assistant license and end your practice in the state and potentially all other states. And do not doubt that the Board of Nursing has the staff and other resources to pursue and impose discipline. Instead, take disciplinary charges seriously. Retain our Defense Team to help you mount your best defense.
New Hampshire Nursing Assistant Disciplinary Sanctions
New Hampshire Statute Section 326-B:37 expressly authorizes the Board of Nursing to take any of the following actions as discipline for nursing assistant misconduct: refuse to renew a license; refuse to reinstate a license; reprimand the licensee; suspend the license; limit the license; impose conditions on practice under the license; place the licensee on probation for a reasonable time; revoke the license; require remedial education; require participation in rehabilitative programs; require care, counseling, or treatment; require the licensee to practice under the direct supervision of an RN for a reasonable time; impose fines up to $1,000 for each violation and $100 for each day a violation continues.
While these sanctions are certainly daunting, their breadth can, in appropriate cases, give disciplinary officials leeway to fashion relief that does not involve loss of your license. Retain our Defense Team to communicate and negotiate with disciplinary officials for alternative remedial relief like additional education or training. Discipline need not necessarily mean interruption of your nursing assistant employment.
Grounds for New Hampshire Nursing Assistant Discipline
New Hampshire disciplinary officials must have statutory grounds to discipline. They cannot simply make up the grounds and charges. New Hampshire Statute Section 326-B:37 lists the grounds on which disciplinary officials can charge and discipline a nursing assistant or other licensed nursing professional. Consider below each of those disciplinary grounds and the defenses our Professional License Defense Team attorneys may be able to raise when you retain and authorize them to do so.
Credentials Fraud as Grounds for New Hampshire Nursing Assistant Discipline
Credentials fraud is the first ground New Hampshire Statute Section 326-B:37 lists for nursing assistant discipline. The statute gives as examples “conduct that violates the security of the [licensing] examination” such as “copying, disseminating, or receiving any portion of an examination,” “having unauthorized possession of any portion of a future, current, or previously administered examination,” “violating test administration,” or “permitting an impersonator to take the examination on one's behalf or impersonating an examinee.” Defense of credentials fraud charges may involve showing that you did not cheat, that proctors may have misidentified you or misconstrued your innocent actions, or that any anomaly was innocent and due to unusual circumstances.
Criminal Conviction as Grounds for New Hampshire Nursing Assistant Discipline
Criminal conviction is the next ground New Hampshire Statute Section 326-B:37 lists for the discipline of nursing assistants in the state. The statute defines the wrong as involving “convictions by a court or any plea to a crime in any jurisdiction that relates adversely to the practice of nursing or to the ability to practice nursing.” Examples of crimes that may relate to nursing include crimes of violence like assault, crimes of dishonesty like theft and embezzlement, and crimes involving substance abuse. Defense of these charges may involve showing that the conviction did not occur or did not relate to nursing assistant practice.
Deceptive Conduct as Grounds for New Hampshire Nursing Assistant Discipline
Employing fraud or deceit is the next ground New Hampshire Statute Section 326-B:37 lists for the discipline of nursing assistants in the state. The statute defines the wrong as involving “employing fraud or deceit in procuring or attempting to procure a license to practice nursing, in filing any reports or completing client records, in representation of oneself to the board or public, in authenticating any report or records…, or in submitting any information or record to the board.” Fabricating patient or resident medical or activity records, holding oneself out as an RN or LPN beyond one's LNA credentials, or submitting a false response to disciplinary charges are examples of this form of misconduct. Defense may involve showing that the complainant was mistaken as to any alleged statement, the statement was substantially true, or the accused nursing assistant reasonably believed the statement to be true when made. An absence of harm from the deception may mitigate the penalty.
Unethical Conduct as Grounds for New Hampshire Nursing Assistant Discipline
Unethical conduct is the next ground New Hampshire Statute Section 326-B:37 lists for the discipline of nursing assistants in the state. The statute defines the wrong as involving “unethical conduct including but not limited to conduct likely to deceive, defraud, or harm the public or demonstrating a willful or careless disregard for the health or safety of a client.” The statute clarifies that “actual injury need not be established,” although the absence of any injury may help mitigate the charge. Defense of unethical conduct charges may involve showing that the accused nursing assistant did not commit the conduct, those complainants were mistaken or misidentified the perpetrator, that the conduct fell within the profession's norms and customs, or that the nursing assistant was unaware of the circumstances surrounding the conduct and thus innocent of wrongdoing.
Other Discipline as Grounds for New Hampshire Nursing Assistant Discipline
The discipline of the nursing assistant by another state is the next ground New Hampshire Statute Section 326-B:37 lists for the discipline of nursing assistants in the state. The statute defines the wrong as when “a nurse's license to practice nursing or a multi-state privilege or another health care related license or other credential has been denied, revoked, suspended, or restricted, or the licensee has been otherwise disciplined in this or any other state.” Defense may involve showing that the nursing assistant did not suffer the alleged discipline, that the discipline did not transgress New Hampshire nursing assistant standards, or that the discipline was a one-time event uncharacteristic of the respondent's character, for which the respondent has already shown appropriate reform and rehabilitation.
Incapacity as Grounds for New Hampshire Nursing Assistant Discipline
Incapacity is the next ground New Hampshire Statute Section 326-B:37 lists for the discipline of nursing assistants in the state. The statute defines the wrong as involving “conduct including but not limited to failure or inability to perform nursing or nursing assistant practice as defined in this chapter, with reasonable skill and safety.” A related section of the statute lists “inability to practice safely, including demonstration of actual or potential inability to practice nursing with reasonable skill and safety to clients by reason of illness or as a result of any mental or physical condition.” Incapacity can involve an injury or illness, physical or mental disability, pregnancy, childcare, or other family obligations. Defense of incapacity charges can involve showing that the accused nursing assistant isn't disabled, that the incapacity was limited or temporary, or that the facility should have reasonably accommodated the disability.
Unprofessionalism as Grounds for New Hampshire Nursing Assistant Discipline
Unprofessionalism is the next ground New Hampshire Statute Section 326-B:37 lists for the discipline of nursing assistants in the state. The statute defines the wrong as involving “unprofessional conduct including but not limited to [a] departure from or failure to conform to nursing standards, including improper management of client records.” Unprofessionalism can involve insubordination toward supervisors, disrespect toward colleagues, patients, or residents, inappropriate dress or demeanor, and intimidation, harassment, or sexual harassment of co-workers, patients, or residents. Defense of unprofessionalism charges may involve showing that the complainant misunderstood and misconstrued the accused nursing assistant's actions, that the nursing assistant did not transgress definable standards, that the judgment of unprofessionalism was subjective and vague, or that the nursing assistant's acts were due to unexpected reactions to medication changes or other unanticipated, one-time events.
Endangerment as Grounds for New Hampshire Nursing Assistant Discipline
Endangerment is the next ground New Hampshire Statute Section 326-B:37 lists for the discipline of nursing assistants in the state. The statute defines the wrong as involving “any nursing practice that may create unnecessary danger to a client's life, health, or safety.” The statute clarifies that “actual injury to a client need not be established.” Examples of endangerment may include failing to follow orders for bed rails up, leaving patients or residents unattended during ambulation or bathing, horseplay, blocking fire escapes, smoking in unauthorized areas, or weapons possession in the workplace. Defense may involve showing that the accused nurse did not commit the action, others were responsible for the endangering actions, or that the actions of the nursing assistant did not create unnecessary danger.
Falsifying Reports as Grounds for New Hampshire Nursing Assistant Discipline
Falsifying reports is the next ground New Hampshire Statute Section 326-B:37 lists for the discipline of nursing assistants in the state. The statute defines the wrong as involving “falsifying reports, client documentation, agency records, or other essential health documents, [or] failure to cooperate with a lawful investigation conducted by the board….” Defense of falsification charges may involve showing that the accused nursing assistant did not make the false entry, that the entry was not false, or that the nursing assistant made the false entry reasonably believing it to be true.
Abuse as Grounds for New Hampshire Nursing Assistant Discipline
Abuse is the next ground New Hampshire Statute Section 326-B:37 lists for the discipline of nursing assistants in the state. The statute defines the wrong as involving “failure to maintain professional boundaries with clients or family members, [or] use of excessive force upon or mistreatment or abuse of any client.” Examples of abuse can include hitting, kicking, shoving, threatening, or prolonged, unnecessary restraint or confinement. Defense of abuse charges can involve showing that the complaining witness was mistaken or misidentified the perpetrator or that the conduct was necessary for patient or resident safety.
Sexual Misconduct as Grounds for New Hampshire Nursing Assistant Discipline
Sexual misconduct is the next ground New Hampshire Statute Section 326-B:37 lists for the discipline of nursing assistants in the state. The statute defines the wrong as involving “engaging in sexual conduct with a client, touching a client in a sexual manner, requesting or offering sexual favors or language or behaviors suggestive of same, or threatening or violent behavior in the workplace.” Sexual misconduct defense can involve showing that the patient or resident was mistaken or deluded as to the event or that the contact was ordinary and necessary personal care for hygiene.
Drug Abuse as Grounds for New Hampshire Nursing Assistant Discipline
Drug abuse is the next ground New Hampshire Statute Section 326-B:37 lists for the discipline of nursing assistants in the state. The statute defines the wrong as involving “diversion or attempts to divert drugs or controlled substances,” “failure of a licensee to comply with terms of any alternative program agreement made with the board,” “use of any controlled substance or any drug or device or alcoholic beverages to an extent or in a manner dangerous or injurious to himself or herself, any other person, or the public, or to the extent that such use may impair his or her ability to conduct with safety to the public the practice of nursing,” “falsification or making incorrect, inconsistent, or unintelligible entries in any agency, client, or other record pertaining to drugs or controlled substances,” or “a positive drug screen for which there is no lawful prescription.”
Defending drug abuse charges may involve accepting a referral to the New Hampshire Professionals Health Program. Beware of referrals that require you to relinquish your license or employment or impose onerous conditions and terms. Consult our Defense Team before entering into a referral agreement relating to disciplinary charges.
Unauthorized Practice as Grounds for New Hampshire Nursing Assistant Discipline
Unauthorized practice is the next ground New Hampshire Statute Section 326-B:37 lists for the discipline of nursing assistants in the state. The statute defines the wrong as involving “practicing beyond the scope of practice as stated in this chapter, and failing to report violations of this chapter.” Examples include the nursing assistant administering medications or doing other acts restricted to RN or LPN professionals. Defense may involve showing that the nursing assistant did not commit the unauthorized acts or did so on the reasonable belief that the supervisor had the authority to instruct the nursing assistant to do so.
New Hampshire Nursing Assistant Disciplinary Procedures
New Hampshire Statute Section 326-B:38 authorizes the Board of Nursing to investigate misconduct allegations, enter formal disciplinary charges, notify the accused nursing assistant of those charges, and hold a hearing on the charges. The Board must permit the nursing assistant to retain a defense attorney to present defense witnesses and other evidence and to challenge the Board's evidence of misconduct, including conducting cross-examination of adverse witnesses. Section 326-B:39 authorizes a nursing assistant who suffers discipline to request rehearing and appeal before a different decision maker. The state's administrative procedures also permit limited court review of agency adjudications.
Premier New Hampshire Nursing Assistant Defense
The Lento Law Firm's premier Professional License Defense Team is available in Manchester, Nashua, Concord, Derry, Dover, and any other New Hampshire location for your nursing assistant license defense. Hundreds of professionals nationwide have trusted the Lento Law Firm for defense of disciplinary charges. Call 888.535.3686 or chat with us now.
