The New Orleans metro area (also known as Greater New Orleans) consisting of the New Orleans-Metairie-Slidell region) area consists of some of Louisiana's busiest communities. You may appreciate this more than most if you're a nurse in the area.
You may also understand how the Louisiana State Board of Nursing (referred to going forward simply as the Board) has the power and authority to take disciplinary action against your license for several potential violations.
This type of case isn't a criminal matter. If you're facing disciplinary action against your nursing license in Louisiana's Greater New Orleans region, while hiring an attorney is wise, it's important to hire a legal professional who understands the Board's specific and unique processes.
At the Lento Law Firm Professional License Defense Team, offering Louisiana nursing license defense services, we have the experience necessary to handle a case like yours. Learn more about what we can do for you by submitting your information through our online contact form or by calling our offices today at 888-535-3686.
Reasons the Board May Discipline a Nurse's License in the New Orleans Metro Area
Under Louisiana law, the Board may take disciplinary action against a nurse's license for the following reasons:
- Selling, attempting to sell, falsely obtaining, or furnishing a nursing license, diploma, or other such form of certification meant to falsely indicate one is approved to practice nursing in the state
- Being found guilty of any crime indicating a nurse may be unfit to serve the public safely (Note: Entering a guilty plea, a plea of nolo contendere, or any other similar outcome or disposition is the same as a conviction for the purposes of this law)
- Being unfit or incompetent to practice nursing due to negligence, habits, or any other such factors
- Demonstrating the inability (whether this inability is real or merely potential) to safely practice nursing due to addiction or similar substance abuse issues
- Demonstrating the real or potential inability to safely practice nursing due to an illness, physical condition, or mental condition
- Aiding or abetting anyone in violating the relevant laws or rules for nurses in Louisiana
- Mental incompetence
- Having had one's nursing license (or any other such health care provider license) subject to disciplinary action in another jurisdiction
- Practicing nursing with a lapsed or inactive license
- Practicing nursing while one's license is suspended or revoked
- Practicing nursing under a license, certificate, or diploma that was obtained illegally
- Using any designation applied to one's name to suggest that one has a type of nursing license they don't legitimately hold
- Teaching nursing or otherwise offering a nursing education curriculum without first receiving Board approval
- Violating any of the laws or rules related to a nurse's authority to administer anesthetics
That's not a complete list. The law permits the Board to take disciplinary action for a variety of other reasons, including failing to exercise appropriate professional judgment in the practice of nursing. The phrasing of the law is somewhat general and vague, granting the Board significant discretion when deciding how and why to discipline a nurse.
Don't ignore the matter if you learn you've been accused of a violation that could result in disciplinary action against your license. From major cities like New Orleans and Picayune to smaller towns like Abita Springs, Bayou Gauche, and Folsom, we at the Lento Law Firm Professional License Defense Team serve nurses throughout the region. We're prepared to offer our services if your nursing license is in jeopardy.
Forms of Disciplinary Action the Board Can Take Against a Nurse's License in the Greater New Orleans Area
The law granting the Board the authority to take disciplinary action against a nurse's license in the New Orlean metropolitan area also specifies the forms of disciplinary action the Board may consider. They are:
- Formal reprimand: This is the least restrictive form of disciplinary action the Board commonly takes. It's essentially a formal warning that gets attached to a nurse's file. Although it doesn't technically involve any limitations, a formal reprimand can nevertheless harm a nurse's reputation. For example, a prospective employer may be less inclined to hire an otherwise qualified nurse if their file indicates they've been subject to any form of disciplinary action in the past.
- Denial: The Board may refuse to issue a license to a prospective nurse who has already engaged in a violation. If a nurse already has an active Louisiana license but then engages in a violation, the Board may also refuse to issue a renewed license.
- Limitation or restriction: The Board may place various limitations and restrictions on a nurse's license depending on the form of wrongdoing a nurse is accused of. For example, maybe a nurse demonstrates the inability to perform certain nursing tasks. The Board may restrict or limit their license by prohibiting them from performing these tasks until they demonstrate competence, complete a relevant education/training program, etc. Similarly, the Board may require a nurse to work under the supervision of another healthcare professional for a period of time.
- Probation: The Board can place a nurse on probation, the terms of which will depend on the details of an individual nurse's case. Sometimes, probation lasts a specific period of time. In other cases, nurses may have to satisfy certain conditions before the Board will lift probation.
- Suspension: A nurse can usually continue practicing during a probationary period (although the Board will likely impose limitations on their license). A suspension usually prohibits a nurse from practicing in Louisiana while the suspension is in effect. As with probation, the Board may lift a suspension after a certain period has elapsed or after a nurse has satisfied certain conditions. It's also important to understand that the Board can proceed with summary suspension of a nurse's license when evidence indicates a nurse may represent an immediate threat to public safety. This involves immediately suspending a nurse's license (without a full investigation) and reviewing the matter in greater detail during the next scheduled Board meeting.
- Revocation: The Board can permanently revoke a nurse's license in cases involving multiple violations, severe violations, etc. Technically, it's possible to reinstate a revoked nursing license in Louisiana, but a nurse will usually have to wait five years before they can even apply for reinstatement.
- Imposing fines: Sometimes, the Board can impose fines and/or assess costs, indicating a violation could result in financial and professional consequences for a nurse.
These are the usual ways the Board will discipline the license of a nurse it finds guilty of a violation. However, the law states the Board may “otherwise discipline” a nurse's license as it sees fit, suggesting the Board has some degree of flexibility in its approach to discipline cases.
It doesn't matter whether you work for a major healthcare facility like Ochsner Medical Center in New Orleans or AVALA Hospital in Covington or if your employer is a smaller clinic in a community like Chalmette, Gretna, Mandeville, or any of the other communities in the New Orleans metro area—if you're facing disciplinary action, the decision the Board makes could limit your ability to practice nursing anywhere in the state.
Take this matter seriously. One proactive step you can take to defend yourself is enlisting the help of professionals qualified to handle a case like yours. That's exactly what you'll find at our Lento Law Firm Professional License Defense Team.
Disciplinary Action in the New Orleans Metropolitan Area Can Affect a Nurse Outside of Louisiana
The Board participates in the Nursys system. Nurses in the region should understand the implications of this for their licenses when the Board takes disciplinary action.
The Nursys system is a network of nursing boards that share information and files. If a nurse in one Nursys-participating state moves to another Nursys-participating state, this network helps them obtain a nursing license in their new state more quickly and easily than they otherwise might.
However, there's a flipside to this system. Because the Board also shares information about disciplinary action it's taken against a nurse's license, a nurse whose license is disciplined in Louisiana might struggle to obtain a license elsewhere if they move.
Don't ignore potential disciplinary action or proceedings simply because you don't plan on staying in Louisiana for much longer. If the Board takes action against your license here, it could follow you throughout the country.
A Note on a Potential Alternative to Disciplinary Action for Nurses in the Greater New Orleans Area
The Board may consider options aside from traditional disciplinary action when a Louisiana nurse struggles with substance abuse issues. In these circumstances, the Board may present a nurse with the option of enrolling in the Louisiana Recovering Nurse Program (RNP).
This voluntary program provides nurses in the state with the support they may require when substance abuse issues affect their ability to serve the public safely.
A nurse presented with this option might assume that accepting it is always preferable to facing disciplinary action. However, the RNP can involve burdensome requirements. In addition, not every nurse who has the option of enrolling in this program has a substance abuse issue requiring treatment.
This highlights another benefit of enlisting legal help when under Board investigation. Although our team won't make important decisions for you, we will help you weigh your options in these circumstances. We'll provide useful insights if you're not sure whether enrolling in the RNP is right for you.
What a Board Investigation in the New Orleans Metro Area Involves
The process of a Board investigation when a nurse faces potential disciplinary action in the Greater New Orleans area usually involves these steps:
- Complaint: The Board may begin investigating a nurse when someone (such as a patient, family member of a patient, coworker, supervisor, or other such party) files a complaint accusing a nurse of wrongdoing. Before an investigation commences, an initial review team may evaluate the complaint to determine whether an investigation is warranted.
- Investigation: If an investigation proceeds, investigators can take various steps to gather evidence. Sometimes, this involves asking the nurse under investigation to participate in interviews, supply materials, etc. Complying with these requests promptly is important, as failure to do so could be grounds for additional disciplinary action. Lawyers with our Lento Law Firm Professional License Defense Team can handle these requests on your behalf to ensure total compliance.
- Consent Order: The Board indicates this step isn't always part of the investigation and disciplinary process. However, per the Board, it is fairly common. If investigators find sufficient evidence of wrongdoing before a hearing, the Board may present a nurse with a Consent Order. This is a formal agreement asking a nurse to agree to the findings and accept the requirements and recommendations of the Board accordingly. In some cases, negotiating a consent order is preferable to challenging the allegations in a hearing. Attorneys with our Professional License Defense Team can help you determine if accepting a Consent Order is right for you. We can also negotiate a Consent Order with the Board.
- Hearing: If a nurse doesn't accept a Consent Order or the Board doesn't offer one, the next step is a hearing. During a hearing, both the Board and the nurse facing disciplinary action can present evidence supporting their cases.
You don't have to face this process alone. If you're a nurse facing potential disciplinary action against your license in the New Orleans metro area, our Professional License Defense Team at the Lento Law Firm can help you during this critical time.
Contact the Lento Law Firm for Help When Your Louisiana Nursing License is in Jeopardy in the Greater New Orleans Area
Offering Louisiana nurse license defense services in New Orleans, Metairie, Slidell, and neighboring communities like Meraux, Destrehan, Terrytown, and others in the region, our Lento Law Firm Professional License Defense Team can assist with your case in such ways as:
- Reviewing the case and answering your questions
- Explaining the nature of the allegations you face
- Representing you during hearings, meetings, interviews, and overall correspondence with the Board
- Gathering evidence to strengthen your side of the story
- Identifying flaws in the case against you
Those are general ways our team may help you. Once we learn about your case, we can develop a strategy that's tailored more to your specific needs and circumstances. Get started today by calling our offices at 888-535-3686 or by submitting your information through our online contact form.
