Upstate South Carolina is one of the most rewarding parts of the state in which to practice nursing. Because this is a populous and busy region, being a nurse in the Upstate (or, as others might know it, “the Upcountry”) in South Carolina can give you the opportunity to serve large portions of the community.
Of course, you rely on a valid nursing license to do so. Your ability to practice nursing may be limited if the South Carolina Board of Nursing (referred to simply as “the Board” going forward) takes disciplinary action against your license.
There are many reasons the Board may discipline a nurse in South Carolina's Upstate region. If you're facing potential discipline, our Professional License Defense Team at the Lento Law Firm will help you defend the career you've worked years to reach. Learn more about our Upstate South Carolina nurse license defense services by submitting your information via our online form or calling our offices at 888-535-3686 today.
Reasons You May Need Nurse License Defense Services in South Carolina's Upstate Region
South Carolina's Nurse Practice Act (NPA) is a specific set of laws granting the Board authority to discipline nurses in the state. Per the law, an Upstate South Carolina nurse may face disciplinary action for the following violations:
- Violating any law involving alcohol or drugs, or committing any act that involves a crime of “moral turpitude”
- Allowing someone else to use their nursing license
- Willfully or repeatedly engaging in conduct that indicates they're not competent to safely provide nursing services
- Having their license subject to disciplinary action in another state or jurisdiction
- Violating any provision of the NPA or any of the Board's rules or regulations
- Noncompliance with a Board investigation or similar proceeding
- Noncompliance with a Board order or an order from another relevant department
- Sharing confidential patient information with those who the law doesn't state can access said information
- Falsifying or altering records
- Misappropriating the money, property, or drugs of either an employer or a patient
- Fraudulently or deceitfully attempting to obtain a service for a fee (whether for oneself or on behalf of someone else)
- Helping someone or hiring someone to violate any provisions of the NPA or any rules/regulations of the Board
- Improperly obtaining, possessing, and/or administering drugs
- Practicing nursing while impaired due to alcohol, drugs, or other such causes
- Practicing nursing after sustaining a mental or physical disability that limits a nurse's ability to safely treat the public
- Failing to record important patient information to a degree that qualifies as gross negligence
- Claiming to have witnessed narcotics wastage when one hasn't done so, or claiming someone else witnessed narcotics wastage when this isn't the case
- Not keeping accurate and legible patient entries/records per the law's requirements
- Fraudulently or deceitfully obtaining or attempting to obtain a nursing license, whether for oneself or for someone else
- Practicing nursing without a current South Carolina nursing license or helping someone else do so
- Practicing outside the scope of one's license if the Board determines a nurse requires additional education to perform certain tasks
- Failing to report another licensed nurse's dangerous practice to the Board or other relevant authorities
- Assigning persons to perform nursing functions they aren't qualified to handle
- Abandoning a patient without providing others with the necessary information to ensure a patient continues receiving the care and attention they need
- Noncompliance with best practices and standards established for the purposes of minimizing the spread of germs and infectious illnesses
- Not properly notifying the department or Board of relevant changes or information when applying for a new license or renewing an existing one
- Practicing as a Nurse Practitioner, Clinical Nurse Specialist, or Certified Nurse-Midwife without a valid compliant practice agreement per the NPA's requirements
- Knowingly letting someone (including themselves) misrepresent a nurse as a physician
Understanding the exact nature of the allegations against you is critical right now. We'll answer your questions about this topic if you're not sure what exactly a complaint is accusing you of.
Potential Forms of Disciplinary Action the Board Can Take Against Nurses in South Carolina's Upstate
The Board typically considers a variety of factors when deciding whether to discipline a nurse, and what forms of disciplinary action to take. Examples of such factors include (but aren't limited to):
- The nature of the alleged violation
- The degree to which a nurse complied with the Board during its investigation
- A nurse's overall performance history
- A nurse's past disciplinary history
Perhaps your employer is a major health care facility in South Carolina's Upstate region, such as Prisma Health Patewood Hospital in Greenwood. Or, maybe you work out of a clinic in one of the Upstate's many smaller communities, such as Clemson, Fountain Inn, Simpsonville, Liberty, and others. Regardless of your employment situation, if you're facing potential Board disciplinary action, our lawyers can help build a case showing why the disciplinary action you're subject to (if any) should be reasonable.
Forms of disciplinary action the Board may consider when it finds a South Carolina nurse in the Upstate has committed a violation are:
- Private reprimand: A private reprimand is essentially a warning. The Board may take this form of action as a way of letting a nurse “off the hook,” with the implied message that future violations may result in more significant action.
- Public reprimand: A public reprimand, as the name implies, is one the public can learn about when the Board publishes its regular list of recent disciplinary actions it has taken. This form of disciplinary action is less significant than others, at least in regard to how it affects a nurse's ability to practice in South Carolina. However, because a public reprimand gets attached to a nurse's file/license, it may negatively impact their chances of securing employment elsewhere if they change jobs.
- Fine: The Board may fine a nurse up to $2,000 for every individual violation a nurse is found to have committed. The total fine can't exceed $10,000.
- Restriction/limitation: The Board may take disciplinary action in Upstate South Carolina in a manner that allows a nurse to continue practicing in a limited capacity. For example, maybe the nurse struggles with a substance abuse issue. If so, the Board may require them to receive treatment before performing certain nursing duties. Or, the Board can require a nurse to complete a relevant educational or training course before they can perform certain tasks. Similarly, the Board may take disciplinary action by “sentencing” a nurse to probation, requiring them to work under the supervision of another nurse, or otherwise limiting their license as the Board deems fit.
- Suspension: Suspending a nurse's license temporarily prohibits them from practicing nursing in South Carolina. A suspension may lift after a set period. Or, the Board could require a nurse to fulfill certain conditions or terms before lifting a suspension.
- Revocation: The Board may revoke a nurse's license in significant cases involving substantial threats to public health.
The above should help you more thoroughly appreciate the power the Board has over your career. If you're facing a Board investigation in South Carolina's Upstate, you'll benefit from hiring professionals with experience handling such cases to defend your license. From big cities like Greenville and Spartanburg to smaller towns like Duncan and Due West, the Lento Law Firm Professional License Defense Team is available to serve the needs of nurses throughout the Upstate.
What Does a South Carolina Board Investigation Into a Nurse Consist Of?
The investigation and disciplinary process can vary on a case-by-case basis. Having attorneys on your side can help you anticipate what may come next throughout an investigation. Our team will speak on your behalf, ensuring you don't make any errors when responding to or working with the Board as it investigates your case.
Generally, though, South Carolina law indicates a Board investigation will involve these stages:
- Complaint: The Board may receive a complaint indicating a nurse may have committed a violation. The Board will review the complaint to determine whether opening an investigation is warranted. Or, a nurse may self-report a relevant matter (such as a criminal conviction) to the Board. Even if you think self-reporting an issue will trigger an investigation, concealing information from the Board if you're required to provide it will only harm your case in the long run.
- Notice: The Board doesn't always opt to investigate complaints. If it does, within 30 days of initiating an investigation, the Board will send a formal notice to a nurse letting them know of said investigation. The notice will include a copy of the complaint, the identity of the complainant (unless the Board determines there is good reason not to reveal this), and any materials that were submitted with the original complaint. It will also state that the nurse should respond to the complaint in writing no more than 14 days after receiving it. Complying with such requests is essential. Our team can help you provide the Board with the relevant information.
- Investigation: The investigation itself can involve various facets. The Board can subpoena witnesses if necessary. It can require a nurse or other such parties to provide information, documentation, or materials it deems significant. Failure to comply with Board requests during this stage may be grounds for additional disciplinary action. After completing this stage, investigators will provide the Board with its findings, whereupon the Board can begin determining whether disciplinary action is needed.
- Hearing: A hearing involves the state making its case for why disciplinary action is necessary. A hearing also gives a nurse the chance to share their side of the story. Having legal representation during a hearing is very important. Our team can ensure you present the strongest case possible. We can also defend your rights if it appears they are being violated at any point during a hearing (or other such stage of the process).
An investigation can be extremely overwhelming. It's awkward and uncomfortable to know a state licensing agency is looking into you to determine if it should limit your ability to practice nursing. If this is your first experience of being investigated, you also might wonder what you are and aren't supposed to do as the Board completes the process.
Facing this experience can be much easier with help from the Lento Law Firm Professional License Defense Team. We represent nurses from major health care centers throughout the Upstate South Carolina region, including Bon Secours St. Francis Health System-Greenville, Spartanburg Medical Center, Abbeville Area Medical Center, and numerous others. We're also on hand to serve the needs of nurses who work in smaller clinics, schools, or other such facilities and settings in the region.
How the Lento Law Firm Helps Nurses in Need of Upstate South Carolina Nursing License Defense Services
At the Lento Law Firm Professional License Defense Team, tailoring our services to the specifics of each case we handle and nurse we serve is among our top priorities. That means the exact ways we assist you will depend on your case's unique details. However, the following are some of the key ways we may help at this time:
- Case review: It can be intimidating and confusing when you learn the Board is investigating you for alleged misconduct in Upstate South Carolina. Our nurse license defense team will review your case and answer your basic questions.
- Handling correspondence: The Board may correspond with you throughout an investigation. For example, the Board may contact you requesting documents or information. Or, the Board might ask that you participate in an interview. We can represent you during all stages to ensure the experience is as smooth and easy as possible.
- Presenting a strong case: From objecting to weaknesses in the evidence against you to gathering our own evidence to support your side of the story, we'll help you make the strongest case for why the Board should be reasonable when considering disciplinary action.
The best way to learn more about how we at the Lento Law Firm Professional License Defense Team can help you now is to review your case with a team member. Get started today by calling us at 888-535-3686 or submitting your information via our online form.
