In Indiana, the Nurse Practice Act (NPA) and several other statutes govern the practice of nursing. Together, these laws apply to:
- Registered nurses (RNs)
- Licensed practical nurses (LPNs)
- Advanced practice registered nurses (APRNs)
The Indiana NPA also establishes the Indiana State Board of Nursing (ISBN, or simply the Board) as the agency responsible for licensing nurses. The Board has the authority to take disciplinary action against a nurse or their license if they violate the NPA or other applicable rules.
The various types of disciplinary action the Board may consider could limit a nurse's ability to practice in Indiana. If you're facing disciplinary action, enlist the help of qualified Indiana nurse license defense attorneys to minimize the impact an alleged violation has on your career.
At the Lento Law Firm, our Professional License Defense Team is available to offer the representation you deserve when your nursing license is on the line. The following guide will help you better understand the Indiana NPA and the types of violations or conduct that can result in Board disciplinary action. For more information specific to your case, reach out via our online contact form or call our offices at 888-535-3686.
What Indiana Law Says About Unprofessional Conduct for Registered Nurses and Licensed Nurse Practitioners
Indiana law defines unprofessional conduct for RNs and LPNs as behaviors that don't meet the minimum acceptable standards of practice. These behaviors may constitute unprofessional conduct if they jeopardize the public's safety, health, or overall wellness.
Specific examples of unprofessional conduct the law mentions include:
- Providing nursing care while using unsafe judgment, unsafe technical skills, or “inappropriate interpersonal behaviors”
- Performing a nursing technique or procedure without the necessary qualifications, training, etc.
- Violating a patient's right to privacy, their dignity, or their right to confidentiality
- Not providing nursing care due to a patient's age, sex, race, color, or creed
- Engaging in any form of patient/client abuse
- Falsifying, omitting, or destroying documentation of particular nursing actions within patient records
- Abandoning patients requiring nursing care or knowingly neglecting them
- Delegating tasks or responsibilities when one knows or should know that doing so can negatively impact patient safety
- Allowing someone else to use one's nursing license or temporary permit for any purpose
- Due to physical or psychological impairment, not practicing nursing in a manner consistent with the accepted prevailing standards
- Diverting prescription drugs for one's personal use or for another's use
- Misappropriating the money or property of a patient or employee
- Failing to properly notify the relevant parties/authorities when one has knowledge or evidence of unprofessional conduct that can negatively affect patient safety
Engaging in any of the above forms of unprofessional conduct can result in disciplinary action. However, the wording of the statute makes it clear that these are just examples. They don't necessarily represent all the ways a nurse can engage in unprofessional conduct in a manner that warrants disciplinary proceedings.
Because the law is so nuanced, when you're accused of a violation, it's important to have representation from attorneys who specifically handle cases like yours. That's exactly what you'll find at the Lento Law Firm's Professional License Defense Team, where we leverage our understanding of the law to help you protect your career.
Understanding Competent Practice for Registered Nurses and Licensed Nurse Practitioners in Indiana
The section of the Indiana NPA that explains what qualifies as unprofessional conduct for RNs and LPNs in Indiana also outlines what qualifies as competent practice for nurses. Competent practice for nurses in the state involves:
- Systematically assessing a patient in an organized manner
- Using data that was collected in a systematic and continuous manner to formulate a nursing diagnosis
- Using the nursing diagnosis to generate a plan of care that specifies goals and “prioritized nursing approaches.”
- Implementing strategies that allow patients to participate in promoting, maintaining, and restoring their own health
- Initiating nursing actions that assist patients in maximizing their health capabilities
- Using goal achievement as a benchmark to discuss with patients setting new goals, changing priorities, and otherwise making adjustments to care plans based on the progress of a patient
- Pursuing educational resources and opportunities and creating learning experiences to help nurses maintain and build upon their skills
In addition, the law establishes certain general responsibilities for members of the nursing profession. They are:
- Operating within the legal boundaries applicable to one's role in the nursing profession
- Accepting responsibility for one's individual actions as a nurse and for one's continuing competence
- Collaborating and functioning with other members of a health team to optimize patient outcomes
- When necessary, seek education and supervision to implement certain nursing techniques
- Respecting patient rights and dignity, regardless of any factors like socioeconomic status, personal characteristics, or the nature of a patient's health issues
- Protecting a patient's confidential information except in circumstances when the law requires sharing confidential patient information
- Only delegating nursing tasks and measures when one is confident they can do so safely and responsibly
- Assuming professional responsibility for nursing care when delegating nursing activities and duties
- Respecting and safeguarding patient property, as well as the property of patients' families, patients' friends, and employers
- Providing notification in writing to the relevant party or authority when a nurse knows of or suspects a violation that could have an impact on patient health or safety
- Participating in reviews and evaluations designed to determine how effective a particular approach to nursing care is
Failing to live up to these responsibilities could constitute a form of unprofessional conduct. Be aware that a nurse doesn't have to do something “wrong” (as in with malicious intent) to face disciplinary action. They could face disciplinary action simply for conduct that indicates they lack the qualifications to practice nursing safely.
These laws are extensive. If you're accused of violating the Indiana NPA or a similar regulation, seek representation from professional license defense attorneys whose experience demonstrates a familiarity with these laws.
Specific Privileges for Advanced Practice Registered Nurses in Indiana
The Nurse Practice Act in Indiana outlines the expanded scope of practice of APRNs in the state, touching on certain unique privileges APRNs have that other nurses don't have. With these privileges come responsibilities and rules that an APRN must abide by to avoid disciplinary action.
For instance, because they have duties and responsibilities that other nurses don't have, APRNs must meet one of the following requirements:
- Operating in collaboration with a licensed practitioner, with a practice agreement indicating the nature of the collaboration
- Operating via privileges granted to an APRN via the governing board of a hospital licensed under the relevant Indiana law, following the advice of medical staff as it establishes the way an APRN and licensed practitioner may collaborate
- Operating via privileges of the governing body of a hospital that operates under the Indiana law for administration of state institutions
The law also states that APRNs may have the authority to prescribe drugs. They must do so in accordance with rules and processes established by the Board.
Indiana Nursing Rules and ‘Convictions of Concern'
Someone applying for a nursing license in Indiana may have to disclose any past convictions before the Board will issue a license. Attempting to conceal this information will result in disciplinary action. Even if an applicant successfully conceals this information during the licensing process, which is difficult, the Board could take disciplinary action against their license later if a nurse's deception is revealed.
Indiana law states there are specific “convictions of concern” that may warrant denial of a license or disciplinary action on the part of the Board. Sexual crimes that may warrant disciplinary action or denial of a license, regardless of when a conviction occurred, are:
- Child molestation
- Child seducing
- Criminal deviate conduct, if an individual was convicted before the repeal of the relevant Indiana law
- Making an unlawful proposition
- Prostitution
- Rape
- Sexual misconduct with a minor
Other non-sexual convictions of concern that can trigger disciplinary action or denial of a license regardless of the age of a conviction include (but aren't limited to):
- Violent crimes, like aggravated battery or attempted murder
- Assisting a criminal
- Assisting suicide
- Child exploitation
- Criminal stalking
- Dangerous control of a firearm
- Dealing with various types of controlled substances
- Exploitation of dependent or endangered adult
- False reporting
- Fraud
- Impersonation of a public servant
- Intimidation
- Neglect of a dependent
- Official misconduct
- Possession of a controlled substance
- Reckless supervision
- Robbery
- Theft
- Threats
The above is not a complete list by any means. The law lists hundreds of convictions of concern that could affect the licensing process. These examples merely highlight the types of convictions that are most relevant to the Board. They involve violence, irresponsible professional behaviors, deception, and other such activities or behaviors that might indicate someone isn't fit to safely provide the public with nursing services.
Indiana's law also concedes that convictions in other jurisdictions may differ from these because the laws in one state may vary from those of another. A conviction in another jurisdiction that is substantially similar to a conviction of concern under Indiana law has the same potential effect on a nurse's license.
Types of Conduct The Indiana Nurse Practice Act Doesn't Prohibit
There are certain types of conduct and nursing practices that the Indiana NPA specifically states it doesn't prohibit. These are:
- Providing nursing assistance in emergency situations
- A nursing student practicing nursing if they are enrolled in a nursing education program the Board has approved, if the type of nursing practice a student engages in is incidental to their education program
- Any nurse employed by the U.S. government practices in the discharge of their official duties
- Providing gratuitous care of friends or family
- Performing tasks delegated by licensed health professionals, as long as those tasks conform with the scope of practice of said professionals
The statute lists a few other examples of conduct it doesn't prohibit, but they don't pertain to nurses and thus aren't relevant for the purposes of this guide. The law also states it doesn't prohibit the care of patients in the home for compensation if a nurse or other such licensed professional only assists with:
- Personal care needs
- Administration of a home/family remedy
- Administration of a remedy ordered by a licensed health professional that is within their scope of practice
The law is relatively thorough, but it's difficult for the wording of any state's NPA to be “perfect.” For example, it may not always be clear what does and doesn't constitute an emergency situation.
A nurse may thus face disciplinary action for an alleged violation because they operated outside of their scope of practice. They may have believed the nature of a situation permitted them to do so, while the Board may interpret the situation differently.
That's just one example. The point to understand is that even a nurse who genuinely believes they're abiding by all laws, rules, and regulations could theoretically get into trouble due to misunderstandings of complex statutes. If you find yourself in these circumstances, attorneys with our Professional License Defense Team at the Lento Law Firm are available to review your case and offer services tailored to your needs.
Contact the Lento Law Firm for Help with a Case Involving the Indiana Nurse Practice Act
The Board has the authority to take many different forms of disciplinary action when you're accused of violating the NPA or another applicable nursing law in Indiana. Sometimes, cases get dismissed.
Others may result in minor forms of disciplinary action, like public reprimand. Even these can affect a nurse's career, as the Board publishes information about disciplinary actions in a public database that employers may access. The impact on a nurse's career may be even greater if the Board decides to suspend or revoke a nurse's license because of a violation.
At the Lento Law Firm, our Professional License Defense Team has experience defending clients like you when they face the loss of their licenses or similar professional consequences due to violations of the Indiana Nurse Practice Act. Find out how we can help with your case by calling our offices at 888-535-3686 or submitting your information via our online form.
