You've studied hard, passed the required exams, and earned a license to work as a Nurse Practitioner (NP) in New York. As an NP, your workday includes making quick and high-stakes decisions in intense, stressful situations. Now, during a healthcare crisis that includes a shortage of trained medical professionals, a scarcity of many pharmaceuticals, and the ever-increasing costs of treatment, you continue to provide exceptional care to patients. As you navigate these trying circumstances on behalf of your patients, it can be devastating to learn that you are the subject of a professional disciplinary investigation.
The Lento Law Firm understands the critical role you play in delivering quality and compassionate medical care to patients in New York. If you are an NP targeted by license disciplinary investigation or hearing in New York, you do not have to face it alone. The experienced Professional License Defense Team at the Lento Law Firm can partner with you to defend your NP license and your livelihood. Regardless of where you find yourself in the disciplinary process, the Lento Law Firm can fight on your behalf. Call us today at 888-535-3686 or contact us online.
You Have Everything to Lose During a Disciplinary Investigation or Hearing
You have worked hard for years to become an NP and establish yourself as a qualified medical provider. Your career is the financial engine that drives your and your family's livelihood. If you find yourself the target of a professional misconduct complaint, investigation, or hearing, you must take decisive action to defend yourself and your license.
The disciplinary process takes a professional, financial, and emotional toll on you and your loved ones. The uncertainty of the hearing and potential adverse outcomes can be devasting. You do not have to face the complaint process alone. With the Lento Law Firm on your side, we will work to protect you, your career, and your life.
New York's Office of the Professions
In New York, the Board of Regents (the Board) oversees the New York State Education Department, which includes the Office of the Professions (the OP). The OP oversees and regulates NP licensure and practice.
In January 2024, the OP reported that over 40,000 licensed NPs worked in New York. Whether you work in one of the state's larger cities, including New York City, Buffalo, Rochester, Syracuse, Albany, or a more rural area, the Lento Firm can help you navigate any disciplinary process with the OP or the Board.
In New York, NPs practice in 16 specialty areas: Acute Care, Adult Health, College Health, Community Health, Family Health, Gerontology, Holistic Care, Neonatology, Obstetrics, Oncology, Palliative Care, Pediatrics, Perinatology, Psychiatry, School Health, and Women's Health. The Lento Law Firm's Professional License Defense Team can partner with you, regardless of your specialty, to defend your license and livelihood.
As a practicing NP, you are held to exacting standards of ethical and professional excellence. If you are accused of professional misconduct, the OP is responsible for investigating the complaint, and the Board is responsible for the disposition of all NP disciplinary measures.
In New York, the Board's rules include numerous grounds for which any nurse, including an NP, may be accused of and investigated for professional misconduct, including:
- Practicing under the influence of alcohol or other drugs.
- Releasing confidential information without authorization.
- Being convicted of a crime.
- Engaging in fraudulent activities.
- Abusing or neglecting patients.
- Mishandling or misusing drugs.
- Engaging in unprofessional conduct.
- Practicing medicine beyond the scope of the profession.
Often, the grounds for professional misconduct depend heavily on the specific facts of your conduct and your state of mind. If you are accused of professional misconduct, your actions in the context of the broader incident must be fully investigated in preparation for providing a robust defense of your judgment and conduct. The Lento Law Firm's Professional License Defense Team can work with you to make sure a thorough investigation is conducted.
The Disciplinary Process for NPs in New York
In New York, disciplinary proceedings against an NP usually begin with a complaint to the OP. Although a member of the general public may make a complaint, allegations more often arise from an NP's colleagues, coworkers, or patients.
Once a complaint is filed, OP staff investigate. An investigation may include interviewing the complainant and any witnesses, collecting, and reviewing documents, and taking other steps to determine the facts surrounding the allegations of misconduct.
If the OP fails to uncover evidence to support the allegations against the NP, the investigation will end. If the OP investigation finds sufficient evidence of the NP's improper conduct, the Board takes over the complaint to conduct the disciplinary process.
Once the Board is responsible for the case, the accused NP may be offered a consent order, which allows the matter to be settled without a formal disciplinary hearing. Consent orders allow the Board and the accused NP to reach a mutually agreed conclusion to the disciplinary process.
Negotiating and accepting a consent order may allow the accused NP to avoid the most severe potential sanctions. For example, a consent order may include a temporary suspension of license but allows the NP to avoid the risk that the Board would permanently revoke their license.
For an NP who believes they have been unfairly accused of wrongdoing, it may be extremely difficult to accept a consent order. With the Lento Law Firm on your side, we can strategize with you about the conditions under which a consent order would make sense based on your needs, the allegations, and the results of our own investigation.
If the NP does not agree to a consent order, the Board convenes a hearing to review the complaint and determine if disciplinary action is appropriate. During a hearing, the Board may summon an accused NP to testify. The Lento Law Firm Team can help you prepare your testimony before the Board and can attend the hearing with you.
The Truth is Not Enough to Protect You During an Investigation
If you learn that you are the subject of a disciplinary investigation or hearing, you need to take action to protect your license and your livelihood. You cannot trust the OP to complete a thorough investigation, to always find the truth, or to interpret its findings in a manner that is favorable to you. Your ability to continue to practice your chosen profession will depend on successfully navigating the OP investigation and any subsequent Board hearing.
If the Board determines that your behavior constituted misconduct, you may be fined, face the suspension of your license, or have probationary terms placed on your practice. In the most serious misconduct cases, the Board may revoke your NP license. The Lento Law Firm Team can help defend you and your license during every step of the disciplinary process.
Once an investigation or enforcement action has begun against you, it is time to prepare your defense. You cannot rely upon the OP to fully investigate the situation or to identify mitigating or exonerating facts in support of your case.
With your defense in our hands, the Professional License Defense Team at the Lento Law Firm can help you throughout the investigation and disciplinary process. We can make sure the OP and Board respect your due process rights. By performing an investigation independent of the OP and on your behalf, we can chase down mitigating facts and supportive witnesses, collect evidence, and organize witness and expert testimony to present your best defense.
If needed, the Lento Law Firm Team can negotiate a dismissal of the complaint or a consent order on your behalf or prepare you for and defend you during the hearing.
The Lento Law Firm will stand with you and work beside you through every step of the disciplinary process. The sooner you contact the Lento Law Firm, the sooner our experienced attorneys can protect you and your license during the disciplinary process.
The Lento Law Firm Can Help Defend Your License at Every Step of an Investigation
In New York, any allegation of misconduct against an NP is extremely serious. The Board consistently demonstrates that it is willing to take significant disciplinary action against NPs who are found to have engaged in prohibited behavior.
Since 2023, the Board has sanctioned NPs for accessing patient records without authorization, being convicted of felonies, prescribing medication to a non-established patient, and failing to document the appointments, evaluations, and treatments of the patient. The threat of having your NP license suspended or revoked is real, and the consequences of such a loss would be profound for you and your career.
The Lento Law Firm can provide legal guidance to navigate New York's professional license disciplinary procedures. Our attorneys can strategize with you, review and collect evidence, identify and meet with witnesses, and review the enforcement actions of the OP and the Board to ensure your due process rights are upheld.
It's Never Too Late to Contact the Lento Law Firm
As with most adversarial proceedings, the earlier you assemble a defense team to protect your rights and your license, the better. If your efforts to navigate the OP and the Board alone have been unsuccessful and you are facing a severe professional penalty, the Lento Law Firm can help you determine your appeal rights, assist with an appeal of the Board's decision, or help you with applying for the restoration of your license.
It is never too late to discuss your case with a member of the Lento Law Firm's Professional License Defense Team. When you are ready, the Lento Law Firm's experienced attorneys can help you with your disciplinary matter.
The Impact of Disciplinary Sanctions
The impact of an adverse determination by the Board can be devastating to your life and career.The possible outcomes of NP disciplinary cases can be as varied as the spectrum of possible misconduct charges. Any adverse decision, from a warning to a suspension or revocation, may lead to the end of your current employment, create difficulties in finding future employment opportunities, limit your future earning power, jeopardize your financial security, and curtail your ability to advance in your chosen career.
Additionally, the personal implications can be catastrophic. The stigma of losing your license and being subject to the Board's disciplinary sanction can be long-lasting. From the financial hardship of losing your income to the health and mental health impact of the investigation and hearing, every aspect of your life may be impacted.
It can be difficult to admit that you need assistance with a disciplinary matter. The investigative process can be harrowing, leaving you feeling that your professional judgment has been undermined and that you need to resign yourself to the OP and the Board.
While it is normal to feel overwhelmed during a professional misconduct procedure, you don't need to feel powerless. The experienced attorneys of the Lento Law Firm's Professional License Defense Team will fight for you. We know how to aggressively defend you and your NP license.
The Lento Law Firm can develop a comprehensive strategy in response to any sanctions threat, supporting your best defense through every step of the disciplinary or legal processes.
Protecting Your NP License in New York
We understand that, as an NP, your work is both profoundly challenging and rewarding. You make quick decisions with far-reaching consequences in intense situations based on your education, experience, and best judgment. The last thing you need is for the State of New York to threaten your license and your livelihood with a misconduct investigation or sanction.
If you find yourself the target of disciplinary investigations or hearings, the Lento Law Firm's Professional License Defense Team can collaborate with you to protect your license, your career, and your livelihood. Across New York, we've helped NPs defend against actions by the OP and Board, and we can help you. Contact the Lento Law Firm by telephone at 888-535-3686 or contact us online to discuss your case.
