The story of a nurse whose license was suspended for business practices she engaged in as the owner of a health services company is an example of how nurses' behavior in business ventures that are outside of their traditional nursing roles may subject them to discipline by their state boards.
Imelda Wright lost her nursing license because of how she operated a Nurse Next Door nursing services franchise. In addition to other offenses she committed, Wright hired unlicensed health care aides, did not ensure that all employee shifts were filled, billed for services and care that the business did not provide, and did not ensure that patient and business documentation followed applicable standards and procedures.
The nursing board found that Wright's “financial malfeasance” and her “failure to deliver safe, competent, and ethical care to vulnerable clients” amounted to serious misconduct, and suspended her nursing license.
State Nursing Boards Have Broad Power to Investigate and Discipline Nurses' Misconduct
State nursing boards exist to protect the public, and as such have broad powers to investigate nurses' misconduct and discipline them as needed.
Although specifics can vary from state to state, generally, state nursing boards will investigate allegations of misconduct that are related to the practice of nursing, involve the misuse of drugs, allege patient abuse, involve fraud, or allege the violation of patients' boundaries in the context of the nurse-patient relationship.
License suspension, revocation, and probation are some of the punishments state boards have the power to implement for nurses' misconduct.
State Boards of Nursing May Investigate Malfeasance Committed by Nurses in Their Business Ventures
Although the Wright matter occurred in Canada, nurses in the United States would likely suffer the same fate in similar circumstances. This is because state nursing boards have broad power to investigate and discipline nurses for “unprofessional conduct.” In addition, most state nursing boards prohibit the very behavior Wright engaged in as the owner of her business.
For example, Minnesota prohibits nurses from:
- Delegating a nursing or health care function when one could reasonably expect that doing so will result in unsafe or ineffective patient care.
- Engaging in any unethical conduct, including conduct that is likely to harm the public.
- Demonstrating a careless disregard for patient safety, health, or welfare.
- Engaging in abusive or fraudulent billing practices.
- Improperly managing patient records.
- Knowingly allowing an unlicensed person to engage in the practice of nursing.
In order to avoid scrutiny by their state boards, therefore, nurses should strive to ensure that their behavior at all times conforms to state professional standards.
The Lento Law Firm Can Help Nurses Who Face Discipline for Business Mismanagement
Joseph D. Lento and his knowledgeable Professional License Defense Team have years of experience successfully advising and defending nurses around the country in state board disciplinary actions. They can help protect the licenses and livelihoods of nurses who have been accused of engaging in misconduct in their business ventures. Contact the Lento Law Firm at 888-535-3686, or submit a confidential online consultation form.
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