Connecticut takes nursing licensure and discipline seriously, and rightly so. Nursing is a profession that comes with a lot of responsibility and requires the highest standards of professionalism and diligence. However, many nurses find themselves unfairly sanctioned or harshly punished in instances where they were not at fault or where mitigating circumstances dictated their behavior. Other times, small mistakes or even misunderstandings can result in inconsistencies that can cause someone to file a complaint against you.
Whatever the issue, if you are a nursing professional in Connecticut and have had a complaint filed against you, do not take it lightly. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 or contact us online and protect your license and livelihood.
All nursing professionals in Connecticut, from licensed practical nurses to advanced practical nurses, fall under the purview of the Connecticut Board of Nursing, which oversees all complaints and disciplinary cases against nurses.
Sanctions The Board is Authorized to Impose
Nurse license and discipline issues are overseen by the Connecticut Board of Examiners for Nursing. They have the authority to impose any of the following sanctions on nursing professionals they believe have acted unprofessionally, unethically, or fraudulently.
- Issuing a warning stating that further misbehavior could result in sanctions
- Censuring, which is a formal expression of disapproval against a nurse's actions or behaviors
- Formal reprimand
- A civil penalty, such as a fine
- Requiring education or retraining
- Probation, which may include specific conditions the nurse practitioner has to fulfil before probation is removed
- Suspension of license
- Revocation of license (with or without the option for the license to be reinstated)
Even minor sanctions such as a warning or reprimand must be taken seriously, as they can lead to more severe sanctions, and impact your career record permanently. Having a sanction on your record could cause issues while seeking employment in the future, limit your work or earning opportunities, and make you more prone to facing complaints and sanctions in the future.
The Lento Law Firm attorneys can help you defend yourself against unfair complaints and make sure you do not receive unwarranted and harsh sanctions. Do not give up without a fight. You have worked far too hard to put your license and career at risk.
Conduct that Can Invite Complaints and Sanctions
Despite their best attempts to carry out their duties faithfully and professionally, nurses can find themselves facing complaints and sanctions. The Nurse Practice Act, which every US state, including Connecticut, is responsible for implementing, lays out the actions that are classified as misconduct and improper or unprofessional conduct. This includes:
- Fraud or deception of any kind, from fraudulent employment documents or licenses, falsification of medical records or treatment, to concealment of one's criminal record
- Unprofessional behavior towards patients, including negligence, improper administration of drugs or medical treatment, sexual or financial exploitation of patients or their accompanying friends and family members
- Drug or alcohol abuse
- Misappropriation of drugs or medical equipment
- Boundary violation with patients, including exploitation of the nurse-patient relationship for personal, financial, or sexual gain
- Physical abuse or threatening a patient with physical violence
- Failure to disclose previous criminal charges or convictions
These are just some of the reasons nurses can face misconduct charges. Often, a simple misunderstanding or mistake can lead to a complaint by a patient or a coworker. Nurses can also be targeted when the patient is upset with the quality of care provided by the medical facility or doctors responsible for their treatment.
Simply having a reasonable explanation for one's actions may not be enough to protect a nurse from sanctions. It is also important to gather and adequately present evidence in one's favor to make sure there is no room for doubt. As a nurse, you may not have experience dealing with a board and might find yourself lost and confused. Our attorneys can help you make sense of the administrative system and present strong and convincing evidence in your favor. Even if you are responsible for the charges against you, having an attorney representing you can often result in lesser sanctions because they can negotiate with the Board on your behalf. Having legal representation also goes a long way towards making sure your rights are upheld and that you are not treated unfairly by the Board.
The Investigation and Hearing Process in Connecticut
Issues pertaining to nurses in Connecticut are governed by the Nurse Practice Act, the Administrative Rules of Practice, and the Uniform Administrative Procedure Act. The Connecticut Board of Nursing, which is part of Connecticut's Department of Public Health, handles these issues.
The adjudicatory procedure usually begins with a complaint. A complaint can be filed by patients, their families or companions, coworkers, supervisors, or anyone who feels a nurse has behaved in a manner that is unprofessional or negligent.
Complaints are not always warranted, and even the most conscientious, diligent, and hardworking nurses can have a complaint filed against them by a belligerent patient or coworker. Considering the critical role of a nursing professional, misunderstandings can also arise and become cause for complaint. In other instances, a patient may feel unhappy with the care or treatment they receive at the medical facility in question and decide to retaliate against their nurse. Whatever the cause, a single complaint can cause serious damage to your career and must be taken seriously.
Once the Board has received a complaint, here are the steps they undertake:
Informal Conference
The Connecticut Board of Examiners may choose to hold an informal conference with the nursing professional in question before deciding to pursue formal discipline against them. The purpose of this informal conference is to understand the complaint thoroughly, discuss the issue with the nurse, get their perspective or reasoning behind their actions, and examine any other testimony or evidence relating to the issue.
After an informal conference, the Board may decide to pursue further action or close the case.
Pre-Hearing Resolution
If the Board decides to take the complaint further, you have the option of seeking a resolution without a hearing. You can call the Benefit Centre to seek an explanation and request a resolution, or the Board may reach out to you. You can also use the assistance of an attorney from the Lento Law Firm to seek or follow through with a pre-hearing resolution.
Adjudicatory Hearing
As a licensee, you have certain rights pertaining to an adjudicatory hearing. You may be represented by legal counsel, and you have the right to produce evidence, argue your case, and cross-examine witnesses. Our Professional License Defense attorneys can handle all these tasks for you and ensure no aspect of your defense is overlooked.
The Hearing Decision
The Board is required to deliver their final decision after having examined all the evidence, in writing or verbally. The decision must be accompanied by the reasoning behind it and the evidence supporting it.
Based on the severity of the violation and the evidence supporting it, the Board may levy any sanction they deem fit, from a formal reprimand or a warning to temporary suspension or permanent revocation of license. They may also revoke your license, with the option of having it reinstated if certain conditions are met.
Uniform Administrative Procedure Act
Nursing professionals in Connecticut are covered by the Uniform Administrative Procedure Act, which lays out how government agencies can deal with disciplinary issues and conduct hearings. It covers all matters involving licenses. According to the act:
- No professional – including nurses – can have their license revoked, suspended, annulled, or withdrawn unless the Board notifies them in writing of the allegations against them and the proposed action.
- If a nursing professional has applied for a new license in a timely manner, their existing license may not expire until the application has been determined by the Board
In emergency situations, a nurse may have their license revoked without notice, but the Act still lays out the steps and rules to follow in that case. As a nursing professional, you will most likely not be aware of all these rules and cannot be expected to contend with them on your own.
The experienced attorneys that are part of the Professional License Defense Team at The Lento Law Firm can help you make sense of these rules, and contend with licensure-related issues.
Appealing a License Suspension or Revocation
If you are dissatisfied with the Board's decision, you may ask them to reconsider within 15 days of the final decision being mailed. The request for reconsideration is usually only granted if at least one of the following conditions is met:
- An error of fact or law during the initial hearing
- Discovery of new evidence
- Other reasonable cause for reconsideration
The Hearing Officer needs to decide whether to reconsider the decision within 25 days of the appeal being filed.
If the request for reconsideration is denied, you can appeal to the Supreme Court within 45 days of the denial of reconsideration. You may also appeal to the Supreme Court directly without requesting reconsideration first.
Wherever you are in the disciplinary process, the Lento Law Firm can guide you on your choices, options, and possible courses of action. They can draft a strong appeal for you and mitigate the negative consequences you are facing.
Interstate Impacts of Connecticut Nursing License Proceedings
Unfortunately, your Connecticut nursing license disciplinary proceeding may have nationwide effects. Connecticut's state legislature recently authorized the Connecticut Board of Nursing and its licensing and disciplinary officials to participate in the Nurse Licensure Compact supported by the National Council of State Boards of Nursing (NCSBN). Nurse Licensure Compact participation makes it far easier for you to license as a nurse in another state when you already hold a Connecticut license. You can avoid repeated the education, examination, experience, and other application requirements, saving the delay, burden, and expense.
The disadvantage, though, is that any Connecticut disciplinary action you suffer in your current license proceeding will likewise go into the NCSBN's Nursys national database. If you decide to move your nursing practice to another state in which you already hold a nursing license or plan to get one by reciprocity and endorsement, licensing officials in that state will learn of your discipline from the Nursys data. In short, you could lose your ability to practice nursing in any other participating state, if you suffer discipline in Connecticut. Don't run from your current Connecticut charges. You can't conceal your discipline. Instead, let us help you fight, defend, and defeat the charges.
Where We Can Help You
If you are a nursing professional anywhere in Connecticut, the Lento Law Firm Professional License Defense Team is available to help with your licensure-related concerns. We serve clients nationwide and have helped many nursing and medical professionals in Connecticut and other states avoid severe sanctions and retain their professional licenses. Our team of attorneys can help protect your license against undue sanctions and punitive measures.
Nursing professionals anywhere in Connecticut can reach out to us, including those working at the following medical centres and hospitals.
- St. Vincent's Medical Centre
- Orchard Medical Centre
- VITAS Healthcare Inpatient Hospital
- Yale New Haven Health Long Ridge Medical Centre
- First Choice Health Centres
- The Hospital of Central Connecticut
- UConn Health
- Rockville General Hospital
- Southington Family Medical Centre
- Middlesex Hospital
- The Hospital of Central Connecticut
- West Hartford Medical Centre
- Washington Medical Centre
- Hartford Hospital
- Trinity Health of New England – Rocky Hill Access Centre
- North Haven Medical Centre
- Rocky Hill Medical Centre
- Griffin Hospital
- Norwalk Hospital
- Danbury Hospital
- Charlotte Hungerford Hospital
These are just a few examples, but we are available across Connecticut to help with any issues that threaten your license or career.
Why Retain the Lento Law Firm
Obtaining a nursing license is no easy feat. You have probably put in years of study and hard work in obtaining your license, and naturally want to ensure you are able to keep practicing. Unfortunately, stray complaints can often hurt your career and cause you to face sanctions such as a formal reprimand or temporary suspension of your license. This can happen even if you are in the right, as the Board may sometimes fail to take all the evidence into account or may even be biased in favor of the complainant.
If you have had a complaint filed against you, do not make the mistake of thinking the issue will resolve itself if you simply explain your actions. The earlier you bring in the Lento Law Firm, the easier it will be for us to help you present strong evidence in your favor and make sure things do not get out of hand. Once the disciplinary proceedings against you are at an advanced stage, it can be very difficult to change the course of the outcome.
The Lento Law Firm has defended nurses nationwide in cases involving alleged negligence, unprofessional behavior, and more. We can help you hold onto your license and avoid unduly harsh sanctions. When it comes to your career, you cannot afford to take things lightly.
Call us at 888-535-3686 or tell us about your case using this form.
