Nurses in the Greater Portland Metropolitan Area face many challenges. As is the case across the country, there has been an ongoing nursing shortage for a while now, and given that Maine is one of the least populous states, finding qualified nurses who want to work in these smaller areas can be difficult to do. In addition, Maine's population is aging, and that's creating even more pressure to attract competent nurses to the state. That means that every nurse in the Portland Metro Area is a crucial piece of Maine's healthcare workforce.
Unfortunately, even the most dedicated professionals can find themselves facing disciplinary action for a range of reasons. A simple misunderstanding, a lapse in judgment, or a more serious pattern of behavior crossing the line into professional misconduct—these can all result in a formal complaint that can pose a real risk to your nursing license.
In fact, even the smallest of mistakes can have a big impact on your ability to continue working as a nurse. That makes it all the more imperative that you have both a solid understanding of what might trigger a disciplinary review, as well as a clear game plan for what to do if a complaint is ever filed against you.
The Professional License Defense Team at the Lento Law Firm can help you create that game plan and present a defense that will give you the best possible outcome. We have the skills and experience to help nurses who are facing professional allegations, but time is of the essence. If you think your nursing license may be in danger, it's crucial you take action quickly. Contact us today at (888) 535-3686 or use our online form to schedule a consultation.
Actions That Threaten Nursing Licenses in the Portland Metro Area
To ensure Maine nurses continue to meet the high standards expected from this profession, the state has set out a list of actions and behaviors to avoid. This list uses broad language, and touches on everything from general competency to personal integrity to patient treatment and care. Examples include:
- Fraud or deceit in obtaining a nursing license.
- Fraud or deceit in the service rendered in connection with the license.
- Conviction of a crime that involves dishonesty, false statements, or that relates directly to the nursing practice.
- Practicing nursing when unable or unfit due to the use of any drug, medication, alcohol, or mind-altering substance.
- Practicing nursing while physically or mentally impaired.
- Violation of law, rule, or Board Order.
This list also includes phrases such as “unprofessional conduct” and “incompetent practice” in the practice of nursing, which can include a lack of skill, a lack of knowledge, or a more general (and nonspecific) failure to perform at the level expected. That vague, all-encompassing language is intentional.
Maine takes the privileges and responsibilities it bestows on nurses very seriously and wants to make sure that everyone who serves in this role does so with the level of care and attention required. It's also intended as a reminder of the potential impact even the smallest slips and oversights can have on patients. As a result, nurses in the Portland Metro Area can find themselves in trouble for a wide range of violations that include both minor and major infractions.
What Type of Nursing Licenses Are at Risk?
All nurses practicing in Maine are governed by the state's Nurse Practice Act (NPA). That means that all basic types of nursing licenses are at risk:
- Licensed Practical Nurse (LPN)
- Registered Nurse (RN)
- Certified Nursing Assistant (CNA)
It also includes the various specialties, levels, and advanced practices that fall under these groupings. For example:
- Advanced Practice Registered Nurse (APRN)
- Nurse Practitioner (NP)
- Certified Medical Assistant (CMA)
- Nurse Anesthetist (CRNA)
- Clinical Nurse Specialist (CNS)
- Circulating Nurse
- Registered Nurse First Assistant
- Nursing Interns, Students, and Trainees
This oversight also applies to all nursing positions throughout the Portland Metropolitan Area and the state of Maine, regardless of the specific duties or the employer you might be working for.
Maine Medical Center in Portland is the largest tertiary care hospital in the Northern New England region for example, and includes the Barbara Bush Children's Hospital. Northern Light Mercy Hospital on the other hand, is an acute-care, nonprofit facility that offers a variety of specialized services such as spine surgery, robotic procedures, and women's care, in addition to more general and primary care.
Adventist Health Portland, Providence Saint Vincent Medical Center, and St. Mary's Regional Medical Center are other good examples of large healthcare facilities in Portland's metro area.
However, large hospitals aren't the only way to work as a nurse in the state of Maine.
In fact, there are a variety of nursing opportunities at smaller hospitals, rehab centers, and other medical facilities throughout Lewiston, Brunswick, Cape Elizabeth, South Portland, and the surrounding metropolitan area.
Examples include the Sentry Hill assisted living facility at York Harbor, Bridgton Hospital, Stephens Memorial Hospital, and the Seaside Family Healthcare facility in Dayton.
All practicing nurses working in these facilities would be subject to the same expectations and professional scrutiny as would nurses offering telehealth services.
Whatever your focus, your nursing license is a valuable asset that you worked hard to obtain. Let the Lento Law Firm help you safeguard your practice and protect your rights.
Understanding License Defense in the Greater Portland Area
Maine's Department of Professional & Financial Regulation has granted the State Board of Nursing (SBON or Board) the legal authority to regulate, license, and otherwise oversee both nurse professionals and nursing education programs.
The rules and guidelines for this management and oversight are laid out by the state's legislature, and can be found in Maine's NPA, included in the state statutes.
Using these guidelines, the Board can investigate complaints, subpoena witnesses and records, conduct hearings, issue rulings, and carry out disciplinary actions.
If a claim has been filed against you, you will typically be notified within 60 days. However, this window can be extended under special circumstances when the specifics of the case warrant discretion. Once you receive that notification, you have 30 days to respond to the allegations, and this is a crucial step in the disciplinary process. In some cases, a comprehensive response can be enough to satisfy the Board and have the complaint dismissed.
If the Board does not dismiss the complaint at this stage, it may request an informal hearing to gather further information and get clarification about the alleged event. This is typically done behind closed doors, often referred to as an executive session.
In instances where disciplinary action is warranted, the Board may do any of the following:
- Warn, reprimand, or censure
- Enter into a consent agreement (more on that below)
- Accept a voluntary surrender of the license
- Modify or nonrenew the license (this will typically require an adjudicatory hearing)
- Suspend or revoke the license
It's important to note that while suspension and revocation normally require a formal hearing before filing the request with the District Court, there are some circumstances where the Board may immediately suspend or revoke a nursing license without prior warning. These include:
- Discovery of a conviction for an action that is defined by statute as grounds for immediate dismissal.
- Loss of a reciprocal license when it was the foundation for granting the nursing license in Maine.
- As a response to an immediate health risk or safety hazard.
If you are aware of a complaint against you, there is no time to waste. The sooner you contact our office, the sooner we can go to work on your behalf.
Should I Sign a Consent Order?
A Consent Order (or Consent Agreement) is essentially a plea deal: you agree to accept the charges against you and the formal proceedings stop. As you might imagine, sometimes this kind of deal is the best possible option.
But not always… and there are things you should know before you sign.
The first is that you are, in fact, admitting guilt. That means that the contents of the Order (and the charges you've just admitted to) become a part of your public nursing record.
Consent Orders also typically have stipulations. These can include a variety of actions from formal censures and reprimands to monetary fines, a limitation or suspension of privileges, a requirement to receive additional training, and/or requirements to complete a treatment program. Orders that restrict, suspend, or revoke your privileges can affect both your ability to continue pursuing your profession and your ability to earn a living.
Finally, these Orders typically waive your right to a hearing, making it harder to appeal if you should change your mind down the road.
I've Been Asked to Surrender My License.
Agreeing to voluntarily surrender your license can work much the same way a consent agreement does… and in some cases, it is a key component of a consent agreement. On the plus side, the formal proceedings will stop and these arrangements typically contain clear parameters for if/how/when you'll be allowed to request reinstatement. This can include a specific waiting period, additional training, and completion of a treatment program. In other words, you'll know exactly what you're facing.
The downside? You are agreeing to give up your license to practice as a nurse.
And it will be treated that way in your nursing record.
Like the Consent Order, this may end up being your best option, but it's essential that you understand all of the conditions and requirements before you agree to anything.
Consulting an attorney with experience in nursing license defense is crucial in these instances, and you should do this before you sign any kind of agreement or voluntarily surrender your nursing license. The Professional License Defense Team at the Lento Law Firm can help and we're ready to go to work for you.
What Areas Does the Lento Law Firm Serve?
The Greater Portland Metro Area spans four counties: Cumberland, Sagadahoc, York, and Androscoggin.
Within these counties are a multitude of thriving towns and communities, including larger cities such as Portland, Auburn, South Portland, and Lewiston, as well as smaller areas, such as Falmouth, Cape Elizabeth, Cumberland, and Scarborough.
It's worth noting that smaller towns may rely on the healthcare facilities in larger cities, as well as telehealth options to bridge any gaps.
The good news is that the Lento Law Firm Team works with nurses across the country—including traveling nurses, home health care nurses, telehealth nurses, and visiting nurses—and we can help you protect your license, no matter where you live or work.
The Benefits of Having a Professional License Defense Team
You've worked hard to get to where you are now. Becoming a nurse isn't an easy task—having to complete a long list of training and educational requirements—but you did that successfully, and you've spent countless hours perfecting your practice and meeting the highest of expectations in what can often be a stressful and emotional job.
So, let us help you protect your hard work.
The Lento Law Firm can help you navigate every stage of the disciplinary process, from filing your initial response to advocating for the best possible outcome at your hearing.
Our Professional License Defense Team can also assist with:
- Responding to requests for documentation and testimony.
- Gathering evidence and witnesses to support your case.
- Defending you during a formal hearing.
- Pursuing a dismissal of the complaint.
- Negotiating for leniency in disciplinary actions.
- Representing you in all interactions with Maine's State Board of Nursing.
- Negotiating terms for a consent order.
We understand that this can be overwhelming, and the idea of hiring an attorney just seems to make it all the more real… but it is absolutely the best way to ensure your rights and your nursing license are protected.
Professional allegations can follow you throughout your career. They can limit your ability to advance as a nurse, and they can restrict job opportunities in the future. How you proceed now will have a lasting impact on your nursing career.
Don't wait to get the help you need to present your best possible defense.
If your nursing license is under investigation for any kind of professional misconduct in Portland, South Portland, Lewiston, or the surrounding metro area in Maine, now is the time to act. Contact the Lento Law Firm Team today at (888) 535-3686, or go online to schedule a consultation.
