Licensed nurses in New York state must complete specific training and education to maintain or renew their licenses. When a nurse does not complete this training or education on time, they might make a mistake that exposes them to severe professional discipline—including claiming they completed education or training that they have not, in truth, completed.
In this way, a shortfall in your training or education requirements can become a far more serious problem. If you are accused of fraud, misrepresentation, bad faith, or another professional violation, you may be facing license suspension, revocation, or other damaging forms of discipline.
Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online to discuss how a problem related to your nursing education or training has come to threaten your reputation and career (and how we may help).
Nurses in New York Must Complete Education and Training Before Obtaining or Renewing a License
In most states, there are clear expectations about which “continuing education” units or hours a nurse must complete. While New York state details such expectations for many licensed professions, nursing is not among them.
However, nurses from New York City to Buffalo must complete certain training and education, including but not necessarily limited to Mandated Training Related to Infection Control, within defined periods—nurses have four years to complete that particular training.
How Can Mandated Training or Education Become a Serious Problem for a New York-Based Nurse?
A nurse who fails to complete the training or education required to maintain or obtain a license has a problem—they can’t practice if they haven’t checked these boxes. Yet, a nurse might make such a problem far more serious if they:
- Falsely attest to completing mandatory education or training: In New York, nurses must attest to completing necessary training and education during the renewal process. If the nurse attests as much when they have not actually completed the training or education, they may expose themselves to a professional misconduct allegation.
- Obtain a license fraudulently: If a nurse is granted a license based on a false attestation, it’s grounds for discipline. The nurse might also be accused of formal violations such as “Practicing the profession fraudulently, or practicing “beyond its authorized scope.”
- Continue practicing before providing proof of compliance: Some licensed professionals in New York may have their licenses renewed conditionally, possibly because they need to complete mandatory training or education. State policy is that these professionals “must provide the appropriate Board office with proof of your compliance with the continuing education requirement to complete your renewal application.” A nurse who continues to practice without providing adequate proof of compliance, as one example, might face a serious misconduct allegation.
Not completing training or education is a barrier to licensure, but not necessarily an ethical failing. Nurses who seek to overcome that barrier in questionable ways, however, may commit an ethical infraction that exposes them to severe professional discipline.
Why Do Nurses in New York Make These Kinds of Mistakes?
We have seen many rationales and motivations that lead nurses to make false attestations and other mistakes, including:
- Losing track of the timeframes for renewing one’s license and completing mandatory education and training (which can be staggered and confusing)
- Panic once a nurse realizes they may not be able to renew their license
- Failure to read or comprehend the details of a license renewal application
- The false assumption that the nurse won’t be audited (and, therefore, their training or education deficits will not come to light)
- Cognitive impairment due to a substance use disorder
- A momentary lapse in judgment
The context of your circumstances may be relevant as we seek to protect your career from the looming threat of disciplinary action.
How Do New York Licensing Authorities Decide Whether a Nurse Has Engaged in Professional Misconduct?
The New York State Department of Education Office of the Professions conducts “periodic audits” of licensees who “claim compliance with” mandated training or education.
If a nurse is audited and found not to have completed mandated training or education, licensing authorities ask a critical question: Did the nurse exhibit a good-faith effort to “comply with the law?”
The answer to this question will determine if a nurse faces an allegation of professional misconduct:
- Yes, the nurse showed a good-faith effort to comply: If so, the nurse will merely be ordered to complete the mandated training or education. After completion, they may remain (or become) eligible to practice nursing in New York State.
- No, the nurse did not exhibit a good-faith effort to comply: If the Department of Education’s audit reveals that the nurse did not act in good faith, particularly in attesting their compliance with required training or education, the nurse may be formally charged with professional misconduct.
Such an audit, and the subsequent determination of bad faith on the nurse’s behalf, could be the root of your present conundrum.
What Are the Possible Penalties for Such Misconduct?
Possible penalties for professional misconduct by licensed professionals in New York, including nurses, include:
- A fine
- Censure
- Suspension of their nursing license
- Revocation of their nursing license
Whenever a nurse is formally disciplined, their reputation suffers harm. The secondary effects of such immediate discipline and reputational harm can include lost professional opportunities, financial harm, and mental health challenges.
What’s the Timeline for Adjudicating Professional Misconduct Cases in New York?
New York statutes detail an adjudication process that includes:
- New York State Education Department (NYSED) investigators are examining the complaint
- A Professional Conduct Officer (PCO) reviewing the NYSED investigators’ findings
- The case potentially being resolved without a hearing (which generally means a negotiated settlement)
- The case is being resolved through a hearing panel decision
- A final decision by a regents review committee
A judicial appeal may also occur if a sanctioned nurse disagrees with a disciplinary finding or decision.
I’m facing a misconduct charge stemming from Mandated Education or Training. How Can I Protect Myself?
Securing effective representation should be your top priority if you are accused of, or have already been sanctioned for, alleged professional misconduct.
Our Professional License Defense Team will employ a strategy tailored to you. Whether you knowingly violated New York nursing statutes, made a justifiable mistake, or are the victim of circumstances beyond your control, you should acknowledge that professional discipline is a realistic possibility.
Whether you work in Syracuse, Brooklyn, Rochester, Albany, or anywhere else in New York State, do not let a professional mistake jeopardize your entire career. Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online to discuss how we help nurses address serious professional problems stemming from mandatory training and education requirements.