Licensed Practical Nurses (LPNs) and Licensed Vocational Nurses (LVNs) play critical roles in providing quality healthcare to New Hampshire citizens. Because of this, the state's LPNs and LVNs must be licensed by the New Hampshire Board of Nursing and submit to regulatory oversight by the New Hampshire Office of Professional Licensure and Certification (OPLC).
Are You a New Hampshire LPN or LVN under investigation by the OPLC? If the OPLC finds you have violated New Hampshire's nursing rules, the New Hampshire Board of Nursing can suspend your license. Suspension or other license discipline could have a devastating effect on your career. However, you have the right to defend yourself against misconduct allegations, and we can help. Call the Lento Law Firm Professional License Defense Team at 888-535-3686or contact us online today.
The New Hampshire Board of Nursing
Nursing is a licensed profession in most states, and New Hampshire is no exception. The New Hampshire Board of Nursing is the state government agency responsible for overseeing and managing New Hampshire's licensed nurses. That includes reviewing new license applications and license renewal applications. The licensing process is so serious that intentionally making misrepresentations on an initial LPN application or renewal application can lead to investigation and discipline.
The Board of Nursing's authority is derived from the New Hampshire Nurse Practice Act. In addition to establishing the rules that all New Hampshire LPNs and LVNs must follow, the Act allows the Board of Nursing to propose new regulations and fees. Although this Board is responsible for licensing New Hampshire's nurses, the OPLC is where people file complaints against nurses for suspected violations of the Nurse Practice Act.
Reports and Complaints for Non-Compliance
New Hampshire LPNs and LVNs must comply fully with the Nurse Practice Act, and some of its provisos even carry over to the private lives of LPNs or LVNs when they aren't on duty. It is a comprehensive set of rules and regulations designed to ensure that all New Hampshire LPNs and LVNs provide the best healthcare possible and maintain high professional standards.
Accordingly, there is a long list of potential infractions for which you can be investigated and disciplined. A partial list of those violations include:
- Convictions or guilty pleas to any crimes that could negatively affect your performance or reflect poorly on the profession (e.g., drug possession, DUI)
- Lying or misrepresenting the truth in a license application, renewal application, medical record, or interaction with a Board of Nursing member
- Practicing while under the influence of any controlled substance (e.g., alcohol or drugs)
- Testing positive for any drug or controlled substance not prescribed to you
- Using or abusing a legally controlled substance to the point where it adversely affects your job performance
- Failing to keep accurate records or make required entries in medical reports
- Falsifying any report, medical document, or other record of medical treatment
- Stealing, pilfering, or any diversion of controlled substances or prescription drugs from the hospital or medical facility where you work
- General incompetence (e.g., the inability to perform your duties for any reason)
- Mistreating patients in any way, including but not limited to violence, inappropriate sexual contact, or abusive behavior
- Improper conduct toward fellow medical professionals (e.g., verbal abuse, physical abuse, sexual harassment)
- Failing to self-report any violations of the Nurse Practice Act to the New Hampshire Board of Nursing
Although some of the infractions on this list may seem obvious, determining whether you have committed them or not in an investigation is subjective. That's why it's a good idea to contact our Professional License Defense Team as early as possible in the investigation process. The sooner we can begin defending your rights and professional reputation, the better your chances of achieving a positive outcome in your investigation or disciplinary matter.
Who Can Report You to the OPLC For Non-Compliance
One of the difficulties of being an LPN or LVN is that the Nurse Practice Act allows anyone who believes you have violated its provisions to report you to the OPLC. Once that report is made, the OPLC is legally obligated to investigate it and determine whether your actions comply with the Nurse Practice Act. The goal of this open reporting process is to foster an atmosphere where all LPNs or LVNs are being held accountable for their actions.
Unfortunately, the open reporting process also allows people who do not fully understand the nature of your job or the scope of your duties to make a complaint. For example, a family member who is upset that their loved one had an adverse outcome for their medical treatment is free to file a report. So are former patients and non-medical professionals who might casually observe you conducting your duties.
That's in addition to your fellow medical professionals, such as Doctors and other nurses. With such an extensive list of potential violations and people who can report them, it's surprisingly easy for an otherwise good LPN to find themselves under investigation. However, the potential consequences of such an investigation could be the loss of your license and professional reputation. So, you must take investigations seriously and protect your due process rights. That's where our Professional License Defense Team can help.
How Can The Lento Law Firm Professional License Defense Team Help?
It's important to remember that the OPLC and Nursing Board are public service agencies. Although you have due process rights in an investigation, their main responsibility is to the general public, not the licensee under investigation. The standards of guilt or innocence that might exist in a criminal trial is not the legal standard the OPLC has to meet when determining whether you have violated the Nurse Practice Act.
Your case will not be investigated by a neutral arbiter or heard by a jury of your peers. It will be OPLC personnel and Board Members who determine your fate. What that means for you is that you may not have the presumption of innocence that you would in a criminal case. The OPLC and Board will be much more inclined to rule against you if they have reason to believe you pose a risk to the general public.
That's why it's up to you to demonstrate to the OPLC why you should be allowed to keep your license and continue practicing. Our Professional License Defense Team has years of experience working with Nursing Boards and investigators all over the country. We understand their mindset and more importantly, we know how to present your case in a way that maximizes your chance of a positive outcome.
We tailor our strategy to the facts in your case. In addition to refuting the evidence against you, our team will conduct an exhaustive search of evidence or witnesses who can speak to your qualities as a professional. Our mission is to present you to the OPLC in the most positive light possible and use every resource available to fight for your career. We're not here to serve the public; we're here to serve you!
Why Hire an Experienced License Defense Team Instead of Local Counsel
Defending professional licenses is a unique field characterized by many complexities that may not exist in a standard criminal or civil case. Both the standard of guilt and the proper procedure for mounting a defense in a professional license investigation can vary widely from the state laws and municipal codes that most local lawyers are used to dealing with.
When your license hangs in the balance, you want the most experienced team possible. We have many years of experience successfully defending professional licensees. Isn't this the experience you want when your career is on the line? We understand what it means to work your entire life to get a professional license, and more importantly, we know how to defend you in an investigation.
How Do OPLC Investigations Work?
The OPLC is open to taking complaints from any person who believes you have violated the Nurse Practice Act or has evidence to prove a violation. They can make a complaint through the OPLC website's official complaint form. After the complaint is made, it will be referred to the OPLC Enforcement Unit. If the complaint contains sufficient evidence to substantiate the allegation, the OPLC will refer the matter to the Nursing Board.
After the OPLC receives a complaint, they will also send you a Licensee Notification Letter. This letter will spell out the allegations against you and include a copy of the original complaint. It will also request that you file a written response to the violations raised in the complaint. This is the point we recommend contacting our Professional License Defense Team.
We can help you craft an effective written response without incriminating yourself or volunteering unnecessary information to the OPLC. That's important because the OPLC enforcement unit will open its official investigation after receiving your response. Once their investigation is completed, they will forward the results of their investigation (and any evidence they uncover) to the Nursing Board, who will review the complaint.
Nursing Board Complaint Review
Once the Nursing Board receives the OPLC investigation results and any supporting evidence, they will schedule a “non-public session” at a Nursing Board meeting. After reviewing the complaint, the Board will take one of the following actions:
- Dismiss the complaint outright
- Dismiss the complaint but write a Letter of Concern, which remains private and won't carry any discipline but may be considered in future complaints or investigations
- Hold a vote to move forward with official discipline and sanctions
If the Board decides to move forward with discipline or suspension, they will notify you in writing of their decision and the disciplinary sanctions that will be applied.
What Are The Potential Sanctions?
The potential disciplinary sanctions will be proportionate to the gravity of the offense. However, the Board reserves the right to suspend your LPN or LVN license for a specific period. In severe cases, they can revoke your license permanently. If you believe these sanctions to be overly harsh or that your case was not properly adjudicated, you can apply for a Universal Petition for Rehearing.
Our Professional License Defense Team can help you file this petition and make a compelling case for why your disciplinary sanctions should be reviewed and reduced. This is an important opportunity to restore your license. The Lento Law Firm Professional License Defense Team can assist you with this petition even if you did not work with us during the investigation and disciplinary process.
Nurse Licensure Compact and Disclosure
Another reason to take any OPLC investigations and Board discipline seriously is the fact that New Hampshire is a Nurse Licensure Compact State. That means your New Hampshire LPN or LVN license allows you to practice nursing in any state that has joined the Nurse Licensure Compact. However, it also means any discipline against your New Hampshire license means your license is also suspended in any other Nurse Licensure Compact state.
However, even if you hold a license or practice in another non-Nurse Licensure Compact state, it's highly likely that the Nursing regulations in that state require you to disclose any license sanctions to its Nursing Board or oversight agency. That means your career and ability to practice nursing anywhere in the country are on the line whenever you are under an OPLC investigation.
Call The Lento Law Firm Professional License Defense Team
Getting your LPN or LVN license in New Hampshire is a massive achievement that only comes after decades of hard work. With that in mind, it's absolutely critical that you take aggressive steps to defend your license and reputation when you're under investigation. Don't simply assume that everything will work out because you did nothing wrong. The OPLC is not infallible, and they make mistakes.
The best way to protect your license and career is to contact the Lento Law Firm Professional License Defense Team as soon as you are notified of an investigation and potential charges. We are here to advocate for you and defend your reputation to the best of our ability.
Our team takes pride in fighting for our clients like family. Isn't that the kind of advocate you want when your career and reputation are on the line? The stakes are too high in an OPLC investigation or Board hearing to trust your life and career to just any attorney. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 or contact us online today.
