A license to practice nursing as a nurse practitioner in New Hampshire can be jeopardized if someone files a complaint against you. Keep in mind that even if you strive to do your job ethically, someone could file a complaint for false or erroneous reasons.
Don't leave anything to chance in these circumstances. A complaint could threaten your career.
Your case may not technically be a criminal one. Regardless, it's wise to treat your case with the seriousness of a criminal proceeding.
Our Professional License Defense Team at the Lento Law Firm can help when your professional license is at risk due to a complaint. Learn more about what our New Hampshire nurse practitioner license defense attorneys may do for you by calling us at 888-535-3686 or submitting our online contact form today.
Licensing for Nurse Practitioners in New Hampshire
A nurse practitioner (or NP) is a type of Advanced Practice Registered Nurse (APRN) in New Hampshire. The New Hampshire Board of Nursing (aka the Board) regulates APRN licenses in the state. The Office of Professional Licensure and Certification (OPLC) also enforces applicable laws and regulations for certain licensed professionals like NPs.
What Happens When Someone Files a Complaint Against a Nurse Practitioner in New Hampshire?
Anyone can file a report or complaint when they believe an NP in New Hampshire has violated the law or the accepted rules of their profession. Someone may also file a complaint if they suspect an NP has engaged in some form of unethical practices.
They can start the process by submitting an online complaint form. The following usually happens when someone submits a complaint:
- The OPLC Enforcement Unit receives and reviews the complaint.
- OPLC conducts a preliminary investigation.
The purpose of an initial OPLC investigation is to determine if facts or evidence support a complaint. OPLC may dismiss a complaint after its investigation if it determines there isn't sufficient evidence to warrant further action.
OPLC May Submit Complaints to the New Hampshire Board of Nursing
An OPLC investigation might determine a complaint is valid and deserves further review. If so, OPLC will submit a complaint to the Board.
The Board will usually review the complaint during its next scheduled Board meeting. This meeting won't be open to the public. Actions the Board may take after reviewing a complaint include:
- Dismissing a complaint
- Dismissing a complaint with a Letter of Concern
- Moving forward with disciplining a licensee
A Letter of Concern isn't a disciplinary action. The Board may issue a Letter of Concern when it finds there isn't sufficient evidence to proceed with disciplinary action against a licensee.
However, a Letter of Concern can advise a licensee to address certain practices or behaviors that caused someone to file a complaint against them in the first place. The Board may take disciplinary action against a licensee if they fail to abide by the suggestions of a Letter of Concern.
The Board can issue subpoenas to gather evidence during its investigation. Generally, it's vital that you comply with the Board's requests. However, it's also very wise to protect yourself during an investigation by hiring a legal professional to assist you.
It's also worth noting that the Board can provide information it discovers during an investigation to law enforcement agencies. Thus, although yours might not technically be a criminal case, it could become one if the Board decides to alert the authorities.
OPLC in New Hampshire Notifies Nurse Practitioners of Complaints
The OPLC Enforcement Unit will submit a Licensee Notification Letter to a nurse practitioner when someone files a complaint against them. The Licensee Notification Letter will contain a copy of the complaint and a request for a response from the nurse practitioner accused of misconduct.
A nurse practitioner should submit their written response in one of the following ways:
- By emailing an attachment to [email protected]
- Through the United States Postal Service
- Through FedEx, DHL, UPS, or a similar trusted postal delivery service
Review a Licensee Notification Letter closely if you receive one. Pay particular attention to the details of the complaint. You can't draft a proper response if you don't first understand the nature of the allegations being made against you.
We strongly recommend enlisting legal help at this stage. Although you don't want to miss any deadlines for submitting a response, you may benefit from drafting a response with help from an attorney. Our Professional License Defense Team at the Lento Law Firm can assist with this task.
What You Need to Know About Board Hearings
If the Board opts to move forward with the disciplinary process, it may schedule a hearing before taking any disciplinary action. A hearing may involve the following:
- Both sides presenting evidence and witnesses
- Oral arguments
You should get at least 15 days' notice before a hearing. This may give you sufficient time to prepare.
You don't need to represent yourself directly during a hearing. Doing so may be unwise for the following reasons:
- Emotions might cloud your judgment, causing you to make statements or omissions that harm your case.
- You may lack experience in structuring oral arguments persuasively.
- You might not have the time, experience, or training necessary to gather evidence on your own.
At the Lento Law Firm, attorneys with our Professional License Defense Team are on hand to offer the representation you need. Contact us to ensure someone is on your side during a hearing where your license to practice may be at stake.
Negotiating a Consent Order: An Option to Consider
Again, although these proceedings aren't criminal, they share some similarities to criminal cases. For example, before a trial verdict, someone facing criminal charges may negotiate a plea deal.
A similar option is available during a Board investigation. At any stage, the Board may allow you to negotiate a consent order. This involves:
- Accepting at least some fault for the charges against you
- Negotiating specific forms of disciplinary action or sanctions you may consent to
- Voluntarily accepting the sanctions if you can negotiate a fair deal
- Complying with the terms of the consent order
The Board may proceed with other disciplinary action if you enter into a consent order but don't begin immediately complying with its terms.
Just as you don't have to represent yourself during a hearing, you also don't have to negotiate a consent order alone. A lawyer with the Lento Law Firm's Professional License Defense Team could negotiate an order on your behalf. We can also review the proposed terms of a consent order to help you determine whether you should agree to them.
What Forms of Disciplinary Action Can the Board Take Against New Hampshire Nurse Practitioners?
The Board may take a range of actions if it determines a licensee against whom someone has made a complaint has committed professional misconduct. Disciplinary actions the Board may take include:
- Reprimand
- Suspending a nurse practitioner's license for a set period of time
- Revoking a nurse practitioner's license
- Probation
Probation can involve requiring a nurse practitioner to submit to any of the following:
- Reporting to the Board on a regular basis
- Participating in continuing professional education until an NP has developed the skills or knowledge necessary to address a competency issue
- Participating in counseling, treatment, or other such forms of professional care that may be necessary according to the Board
- Practicing under another licensee's supervision for a set period of time
The Board can also discipline a nurse practitioner by assessing administrative fines. These fines may consist of:
- Up to $3,000 per offense, or
- Up to $300 per day if a violation is a continuing offense
The Board Keeps Records of Disciplinary Actions Against New Hampshire NPs
If the Board takes disciplinary action against an NP, it will maintain a record of disciplinary documents for seven years. That means if the Board takes disciplinary action against you, for a period of seven years, someone can find out about said action by checking the records on the Board's website.
In addition, New Hampshire participates in the Nurse Licensure Compact. When a state participates in the Nurse Licensure Compact, nurse practitioners who receive their licenses in that state can practice in any other participating state without getting new licenses.
That said, there are some potential drawbacks to New Hampshire's participation in the Nurse Licensure Compact that can apply when the Board takes disciplinary action. Specifically, if the Board takes action against you, information about said action will usually become available through Nursys.
This highlights the way a complaint can profoundly impact your career. Even if someone makes a complaint against you in New Hampshire, your privilege to practice nursing in another state that participates in the Nurse Licensure Compact may be limited if employers can access information about past disciplinary actions.
Reasons Someone May File a Complaint Against a Nurse Practitioner in New Hampshire
Under New Hampshire law, the following are justifications for filing a complaint about a nurse:
- Accepting an assignment despite knowing or reasonably believing they aren't qualified to handle the associated duties
- Leaving an assignment involving acute care, long-term care, home care, or care in a community setting without alerting the proper authorities, which could result in endangering the public
- Violating confidentiality and/or privacy rights of those in their care
- Engaging in discrimination when practicing
- Misappropriating resources (whether they be human or material)
- Engaging in abuse (including verbal abuse), battery, harassment, exploitation, neglect, etc.
- Receiving or accepting fees or other such considerations in exchange for improperly influencing someone's records, care, or activities
- Failing to maintain standards of practice or education as required by law
- Using someone's own license as their own or allowing someone else to use another party's license
- Negligently or inaccurately administering treatments
- Failing to accurately or properly record and/or report patient data
- Not taking proper action to protect patients or other such individuals from incompetent care
- Performing nursing activities beyond the scope of one's practice
- Practicing with an expired license or altering a license pocket card
- Falsifying information the Board requests or not providing said information at all
- A pattern of behavior involving one or more instances of professional misconduct
The above are all reasons someone may file a complaint against anyone in the nursing profession in New Hampshire. Be aware that the law holds nurse practitioners to higher standards than those of other nurses. Additional reasons someone may file a complaint against an NP are:
- Delegating activities to individuals despite knowing or reasonably believing said individuals aren't qualified for such activities
- Not supervising individuals or groups who can't practice nursing without proper supervision
- Requiring a nurse or other such licensee to perform certain tasks when the licensee states they are unqualified to handle such tasks
- Allowing an unauthorized party to use or access program information
There are also certain general behaviors or activities that may warrant filing a complaint against an NP or similar licensee in New Hampshire. For example, someone might file a complaint if they have reason to believe a nurse practitioner has engaged in criminal activities.
Appealing the Board's Decision
You still have options if the Board takes disciplinary action against you after an investigation and hearing. Within 30 days of a disciplinary decision, you can apply for a rehearing.
You may have to provide certain legal information when submitting the petition for a rehearing form. For example, you may be challenging the ruling of the Board by citing certain laws or legal nuances the case involves.
It's important the information you provide be accurate. Luckily, completing the form correctly and thoroughly is another task members of the Professional License Defense Team at the Lento Law Firm can help you with.
Why You Need a New Hampshire Nurse Practitioner License Defense Lawyer
It can be extremely stressful when a complaint jeopardizes your career. You've worked hard to earn your professional license. You don't want to worry you'll lose it because of misconduct allegations.
Defending your license is a complex process. Instead of attempting to handle this task alone, protect yourself and your rights by hiring a lawyer.
We at the Lento Law Firm Professional License Defense Team understand how to tailor a defense strategy to the unique factors of your situation. You'll feel more confident about your future with our team on your side. Get started today by submitting our online contact form or calling us at 888-535-3686.
