The Harrisburg area (which also includes such cities as York and Lebanon) is among the busiest in Pennsylvania. If you're a nurse in this region, whether you work for UPMC Harrisburg or a small facility in a community like Dover or Mechanicsburg, you have the opportunity to play a vital role in the health of numerous residents.
However, it's important to understand the reasons the State Board of Nursing (referred to going forward as the Board) may have for disciplining the licenses of nurses in the Commonwealth. If you're accused of a violation, the forms of disciplinary action the Board can take may jeopardize a career you've worked very hard for.
That doesn't need to happen. At the LLF Law Firm, our Professional License Defense Team represents nurses like you. If you're facing disciplinary action against your license, we're prepared to take over your case and fight for an ideal outcome. Find out more about our Pennsylvania nurse license defense services by submitting your information via our online contact form or calling our offices today at 888-535-3686.
Why You May Need Nursing License Defense Services in the Harrisburg Area
Pennsylvania law authorizes the Board to discipline a nurse's license for various reasons. Common reasons the Board may discipline a nurse's license in the Harrisburg, York, or Lebanon area include a nurse:
- Engaging in some form of deceit or fraud in the practice of nursing, in obtaining a nursing license, or in securing admission to nursing school
- Being unable to safely practice nursing due to a physical illness, psychological condition, addiction to drugs/alcohol, or similar reasons
- Practicing nursing in a negligent or incompetent manner
- Willfully or repeatedly violating any of the provisions of the relevant Pennsylvania laws or the Board's rules/regulations
- Being found guilty of a crime of “moral turpitude” in any U.S. jurisdiction (Note: A guilty plea, plea of nolo contendere, disposition without trial, or similar outcome is equivalent to a conviction for the purposes of this law)
- Having their nursing license subject to disciplinary action in any other U.S. jurisdiction
- Behaving or acting in a manner that represents a potential immediate threat to public health/safety
- Using, possessing, acquiring, or distributing a controlled substance or legend drug for anything other than a valid medical purpose
- Being found guilty of immoral or unprofessional conduct, with unprofessional conduct generally consisting of failure to conform to the ethical and/or quality standards established for nurses in the Commonwealth
The phrasing of the law sometimes leaves room for interpretation. For example, because the law doesn't specifically describe what constitutes unprofessional behavior on the part of a nurse, it's possible for a nurse to face disciplinary action for behaviors or conduct that might not require such action.
That's just one example of a factor our Professional License Defense Team at the LLF Law Firm may consider when developing a strategy for your case. If you have any questions about the nature of the charges against you, we'll be happy to address them, ensuring you thoroughly understand why the Board is considering disciplinary action. Along with serving clients in major Harrisburg area cities like York, Lebanon, Carlisle, Hanover, and Gettysburg, we also serve clients in suburbs and smaller communities like New Cumberland, Hershey, Manchester, and throughout the region.
How the Board May Discipline a Nurse's License in the Harrisburg Area
The law describing the reasons the Board may discipline a nurse's license also identifies the specific disciplinary actions the Board may take. They are:
- License denial: A nurse doesn't necessarily have to have a license yet to be subject to Board disciplinary action. If a nurse applying for a new license engages or has engaged in acts that constitute violations of the applicable laws or Board rules, the Board may refuse to issue a license. Similarly, the Board can decide not to renew the license of a nurse who already practices in Pennsylvania.
- Public reprimand: A public reprimand is essentially a formal warning. Unlike other forms of disciplinary action the Board may take, it usually doesn't involve placing any restrictions, limitations, or conditions on a nurse's license. However, as the name suggests, a public reprimand is something potential employers and other such parties can learn about. As such, even a relatively “minor” form of discipline like this can nevertheless have significant implications for a nurse's employment both in and outside of the Harrisburg area.
- Limitations: The Board can impose various limitations on a nurse's license as it sees fit. For example, if the Board takes disciplinary action because a nurse is unfit to perform certain nursing tasks, the Board may limit the tasks a nurse can perform, or it may require them to work under someone else's supervision. Another possible outcome is the Board placing conditions on a nurse's license, such as requiring them to complete a training or education course before the Board will reinstate their full nursing privileges.
- Probation: The Board can place a nurse on probation, the specifics of which can vary significantly on a case-by-case basis.
- Requirement to submit to care: The Board can require a nurse to submit to care, counseling, or treatment. This is a form of “disciplinary action” the Board may consider when a nurse struggles with substance abuse issues, psychological issues, or similar issues that can negatively affect their ability to practice safely. Refusing to comply with this requirement could cause a nurse to face harsher forms of disciplinary action.
- Suspension: The Board can suspend a nurse's license for a period of time when limitations, formal reprimands, or other such forms of disciplinary action are insufficient. Depending on the circumstances, the Board may require a nurse to fulfill certain conditions before lifting a suspension. The law also states that the Board can elect to lift a suspension and impose or re-impose any other forms of disciplinary action it initially took or considered before opting for a suspension.
- Revocation: Cases involving significant violations, multiple violations, etc., could result in license revocation. Although it's possible to get a revoked license reinstated in Pennsylvania, a nurse usually has to wait at least five years from the time of revocation before they can apply for reinstatement. During this period, they'll have to find other means of earning a living. That said, in some cases, it's possible to appeal a revocation. Our Professional License Defense Team at the LLF Law Firm can discuss this topic with you in greater detail if your PA nursing license is on the line.
Be aware that the Board generally has to follow due process rules when investigating these matters and disciplining nurses. We'll speak out on your behalf if it appears the Board is violating your rights. However, there are instances, such as when the Board has reason to believe a nurse's conduct represents an immediate danger to the public, when the Board can opt for summary or immediate suspension of a nurse's license, prohibiting them from practicing in the Commonwealth before completing a full investigation.
Do you work for a major health care employer in the Harrisburg area, such as UPMC Harrisburg, WellSpan York Hospital, or WellSpan Good Samaritan Hospital? Or, perhaps you work out of a smaller clinic in one of the area's nearby communities, like Carlisle, Hanover, or Gettysburg.
Regardless, our Professional License Defense Team at the LLF Law Firm is prepared to defend your license when you face any of the above forms of disciplinary action. Our strategy may involve presenting mitigating factors, such as your lack of previous disciplinary issues, to demonstrate why the Board should consider leniency. If the accusations against you are false or inaccurate, we can help by pointing out holes in the case against you.
A Note on Potential Alternatives to Discipline for Nurses in PA's Harrisburg Area
Disciplinary action isn't the only potential outcome of a case like yours. The Voluntary Recovery Program (VRP) in Pennsylvania is an option both a nurse and the Board may consider when a nurse struggles with substance abuse issues or similar difficulties.
The VRP offers support for nurses and other medical professionals struggling with addiction, substance abuse disorders, etc. The Board sometimes allows nurses to enroll in the VRP as an alternative to disciplinary action.
Our Professional License Defense Team at the LLF Law Firm can help you better determine if this option is right for you. While an alternative to disciplinary action may sound appealing, because it can involve significant commitments and requirements, enrolling in the VRP isn't always the best choice for a nurse. We'll help you assess your options when the Board presents you with these types of opportunities.
What a Board Investigation May Involve in the Harrisburg Area
The specific way the Board investigates your case can vary based on case-specific factors and details. That said, the Board generally follows a standardized process involving these stages:
- Complaint: Sometimes, the Board begins investigating a nurse because the nurse is the one who alerted them to an issue, such as a criminal conviction. However, it's often the case that an investigation starts when someone else files a complaint against a nurse.
- Review: The authorities who receive a complaint may review it first before determining if an investigation is necessary. In some cases, complaints get dismissed because they don't address issues requiring disciplinary action, they address issues over which the Board doesn't have jurisdiction, etc.
- Investigation: An investigation can involve many components. The goal of investigators is to gather sufficient evidence to determine if misconduct has occurred. This can involve interviewing witnesses, interviewing the nurse under investigation, issuing subpoenas, etc. Having an attorney on your side throughout an investigation can help you navigate this process with greater confidence.
- Consent agreement: If the evidence suggests a nurse is guilty of the allegations against them, the Board may first attempt to negotiate a consent agreement with said nurse. This is similar to the process of negotiating a plea deal in a criminal case. Usually, with a consent agreement, a nurse admits to some form of wrongdoing in exchange for disciplinary action that might be more lenient than what they'd otherwise face. This often involves submitting to certain Board recommendations, such as undergoing counseling or continuing education. Nurses should understand that the Board doesn't always offer the option of a consent agreement.
- Hearing: A case may culminate in a formal hearing if the Board doesn't offer a consent agreement or a nurse refuses to sign one. During a formal hearing, the Board gets the chance to present the case against a nurse, and a nurse gets the opportunity to present their case and defend themselves. Although a lawyer's assistance is valuable at any stage of an investigation, it's particularly helpful during a formal hearing.
It doesn't matter if you're a nurse in a major city like Harrisburg, York, or Lebanon, or if you primarily work in a smaller community like Palmdale, Penbrook, or Hershey—facing a Board investigation can be an intimidating experience for any nurse.
We at the LLF Law Firm Professional License Defense Team thoroughly understand this. We'll help every step of the way by implementing a defense strategy that's right for your case. This may involve negotiating a fair consent agreement or fighting against the allegations you face in a formal hearing.
Contact the LLF Law Firm for Help With a Nursing License Defense Case in the Harrisburg Area
Attorneys with our Professional License Defense Team at the LLF Law Firm help in many ways when a nurse faces disciplinary action against their license in Pennsylvania's Harrisburg area. General examples include:
- Reviewing your case and explaining the nature of the charges
- Handling all correspondence with the Board
- If necessary, investigating and gathering evidence to support your alibi
- Representing you during hearings, meetings, interviews, etc.
- Ensuring you comply with all Board requests promptly and appropriately during an investigation
- Challenging the Board's evidence or overall story
- Identifying mitigating factors that could influence the Board's final decision in a disciplinary case
Our team believes in tailoring our services to the specific needs of every client. How we handle your case will depend on such factors as the violations you've been accused of. Learn more about how we may help by submitting your information online today or by calling our offices at 888-535-3686.
