In the United States, there are more than 385,000 licensed nurse practitioners, according to the American Association of Nurse Practitioners. Of those licensed nurse practitioners nationwide, 88% are certified in an area of primary care, and approximately 70% deliver primary care. Nurse practitioners play a critical role in meeting the nation's healthcare needs, providing primary, chronic, acute, and specialty care to patients of all ages. In fact, millions of Americans choose a nurse practitioner to serve as their primary care provider.
The state of Arkansas has 257 registered nurse practitioners, a professional license that is hard-earned after years of education and dedicated training. When an allegation of professional misconduct emerges against a registered nurse practitioner—regardless of the actual merits of the allegation—this puts their professional license and their career at risk.
Conducting a thorough investigation of the charges and developing a strong legal defense of the professional nurse practitioner license is critical for the most favorable outcome. The Professional License Defense Team at the Lento Law Firm has extensive experience representing nurse practitioners in Arkansas and across the United States who are facing allegations that threaten their professional licenses. Our skilled team has the necessary resources to investigate the charges and aggressively defend your nurse practitioner license. If you have been notified that your professional license is in jeopardy, reach out to our office online and tell us about your case, or call the Lento Law Firm today at 888-535-3686.
Arkansas Nurse Practice Act
The Arkansas Nurse Practice Act requires that any individual who wishes to work as a registered nurse, advanced practice nurse, nurse practitioner, practical nurse, or psychiatric technician nurse in Arkansas obtain licensure from the Arkansas State Board of Nursing. The Arkansas State Board of Nursing, established by the Arkansas Nurse Practice Act, has the responsibility for implementing the statute by conducting the licensing, certification, disciplinary, and educational functions for these professional licenses.
The Arkansas Nurse Act stipulates that nurse practitioners in Arkansas must renew their professional licenses every two years. Nurse practitioners who let their licenses expire and who have not practiced nursing during the previous licensure period may request to have their license reinstated by the Arkansas State Board of Nursing by fulfilling the continuing education requirements and paying the renewal fee and a late penalty. If a nurse practitioner chooses not to renew their license, they will remain in good standing provided they do not practice nursing in Arkansas. Any nurse practitioner who wishes to resume practicing in the state of Arkansas must fulfill all reactivation requirements. Nurse practitioners with an active license from a compact multistate and whose primary residence is in one of those states may be allowed to practice nursing in Arkansas.
Nurse practitioners in Arkansas are no longer limited by the “reduced practice” policy that was in effect, and they now have the ability to evaluate and diagnose patients, start and manage treatments for patients, order and interpret diagnostics, and prescribe medication. However, nurse practitioners in Arkansas are still required to enter into a collaborative agreement with a physician for a period of three years or 6,240 hours of practice. Once that collaborative agreement is satisfied, then the nurse practitioner may practice independently in Arkansas and must renew their professional license before it expires.
Grounds For Professional Misconduct Charges Against Arkansas Nurse Practitioners
The Arkansas State Board of Nursing has the sole legal authority to deny, suspend, revoke, or limit any license or privilege to practice nursing or a certificate of prescriptive authority that was applied for or issued by the Board.
In Arkansas, it is considered a misdemeanor if any person engages in the following behaviors:
- Selling, fraudulently obtaining, or furnishing any nursing license, diploma, license renewal, or nursing record
- Aiding or abetting in illegally obtaining, selling, or furnishing a nursing license, diploma, record, or license renewal
- Practicing nursing with a diploma, license, or record that is illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation
- Practicing registered nurse practitioner nursing without being licensed by the Arkansas State Board of Nursing
- Falsely using his or her name with titles or initials under which they are not properly licensed
- Practicing registered nurse practitioner nursing during the time his or her license was suspended
- Conducting a nursing education program for the preparation of any type of professional nurse without receiving prior approval of the education program from the Arkansas State Board of Nursing
- Prescribing any drug or medicine without being certified by the Board as having prescriptive authority
- Violating any other provisions set forth by the Arkansas State Board of Nursing
Arkansas Nurse Practitioners and The Interstate Nurse Licensure Compact
Established by the National Council of State Boards of Nursing in 1999, the Nurse Licensure Compact (NLC) permits registered nurse practitioners to practice in other compact states without needing to secure an additional license. This compact permits registered nurses and licensed practical/vocational nurses to obtain a multistate license, which allows them to practice in person, electronically, or via telephone in their primary state of residence as well as in other states that are part of the Nurse Licensure Compact.
Arkansas is a compact state, so nurse practitioners who are licensed by another compact state are not required to apply for licensure in the state of Arkansas unless they plan to make Arkansas their primary state of residency.
Adjudication Process for Nurse Practitioners in Arkansas
In Arkansas, the adjudication process for a nurse practitioner accused of professional misconduct involves several key steps, including:
- Filing a Complaint: The process begins when a complaint is filed against a nurse practitioner. This complaint may come from the nurse practitioner's patients, employers, colleagues, or other sources
- Investigation: The Arkansas State Board of Nursing reviews the complaint to determine if it falls within its jurisdiction. If it does, the Board initiates an investigation, which may include gathering evidence, interviewing witnesses, and reviewing relevant documents
- Preliminary Review: After the investigation, the findings are reviewed to determine if there is sufficient evidence to proceed. If there is not enough evidence, the case may be dismissed
- Notice of Charges: If the preliminary review finds sufficient evidence, the nurse practitioner will be formally notified of the charges against them. This notice includes details of the allegations and the evidence supporting them
- Response and Hearing Preparation: The nurse practitioner has the opportunity to respond to the charges. They may provide their own evidence, witness statements, and other relevant information, and then both parties prepare for a formal hearing
- Hearing: A formal hearing is conducted during which both sides present their evidence and arguments. The nurse practitioner has the right to legal representation.
- Deliberation and Decision: After the hearing, the Board deliberates and makes a decision based on the evidence presented
- Disciplinary Actions: If the Board finds the nurse practitioner guilty of professional misconduct, they may impose disciplinary actions. These actions can range from fines and mandatory education to suspension or revocation of the nursing license
Throughout this process, the nurse practitioner has the right to due process, including notice of the charges, an opportunity to respond, and a fair hearing. The Arkansas State Board of Nursing has the responsibility to ensure that the process is conducted transparently and fairly.
Disciplinary Actions That Can Be Taken By The Arkansas State Board of Nursing
If the Arkansas State Board of Nursing pursues disciplinary action against a nurse practitioner, this action may be accomplished in several ways, including:
- Letter of Reprimand: The Arkansas State Board of Nursing may issue a reprimand on the nurse practitioner's license. The nurse practitioner may be required to complete certain requirements, such as completing educational courses, to satisfy the terms of the Letter of Reprimand within a set time frame. If the nurse practitioner does not comply with the terms of the letter, they may have their license suspended until the terms are met.
- Consent Agreement: The Arkansas State Board of Nursing determines the violations and the proposed stipulations. An attorney for the Board will draw up a legally binding agreement, and the nurse practitioner will receive a copy. The nurse practitioner agrees to the terms, including waiving his or her right to a hearing before the Board, signs the agreement, and returns it to the Board office. The Board President signs the agreement following a majority approval by the Board.
- Disciplinary Hearing: Formal charges are filed by the Arkansas State Board of Nursing, and a disciplinary hearing is held. If the Board finds that the alleged conduct did not occur or that the conduct that did occur is not a violation, the case is dismissed, and no further action is taken.
If the Board finds the nurse violated the Arkansas Nurse Practice Act, the Board will issue a disciplinary order outlining the penalty, which will become effective on the day it is signed. The nurse practitioner may appeal this decision to the circuit court.
Arkansas Nurse Practitioners Face Penalties For Professional Misconduct
Nurse practitioners in Arkansas face penalties if they are found guilty of professional misconduct. Those violations are considered misdemeanors and punishments include the following:
- An initial fine in the amount of a minimum of twenty-five dollars and a maximum of five hundred dollars
- Each subsequent offense shall be punishable by a fine or by both a fine and imprisonment for a period of no more than thirty days
- After providing notice to the nurse practitioner of the alleged charges and the completion of a disciplinary hearing, the Arkansas State Board of Nursing may impose the following:
- Civil penalties in an amount not to exceed one thousand dollars for each violation, and each day of the violation will be considered a separate offense
- Any penalties imposed will be in addition to any other penalties that may be imposed by the Arkansas State Board of Nursing
- Any penalty imposed must be paid within fifteen calendar days following the date for an appeal from the order
- If a penalty is not paid within fifteen calendar days, the Alaska State Board of Nursing has the authority to file a lawsuit in the Pulaski County Circuit Court to obtain a judgment for the amount of penalty not paid
Arkansas Nurse Practitioners Who Are Facing Disciplinary Action Can Lose Their Professional Nursing Licenses
Nurse practitioners invest significant effort, time, money, and dedication to obtain the training and accreditation necessary to earn a professional license. It requires hard work and experience. So when a nurse practitioner learns of an alleged misconduct accusation by an employer, colleague, or patient that will threaten their professional license, their livelihood, and their career, that news is often greeted with anger, fear, and anxiety. But don't despair. Instead, be proactive.
Instead of merely hoping that your nurse practitioner license won't be suspended or revoked and that you will somehow succeed in reinstating your license, become fully engaged in the process. Secure the support of an experienced professional license defense attorney who will guide you through each stage of the disciplinary process, including an investigation of the charges brought against you, the Board hearings, and, if necessary, the appeals process. An attorney with knowledge of the Arkansas State Board of Nursing rules and regulations, an understanding of the adjudication process for nurse practitioners in the state of Arkansas, and the skills necessary to successfully defend a professional license will make all the difference to the outcome of your case.
The Lento Law Firm Professional License Defense Team has years of experience defending the professional licenses of nurse practitioners in Arkansas and throughout the United States. With the resources to thoroughly investigate the charges, a commitment to protecting your rights, in-depth knowledge of professional licensing in Arkansas, and a dedication to preparing an aggressive defense of the allegations brought against you, the Lento Law Firm works tirelessly to protect your professional nursing license. Contact us online to tell us about your case, or call us today at 888-535-3686.
