As a nurse practicing in New York's Rochester metropolitan area, you likely understand that the Office of the Professions (referred to as the Office going forward) is responsible for licensing nurses in the state—and for disciplining them.
Have you been accused of unprofessional conduct or professional misconduct as a nurse in the Rochester metropolitan area? Are you facing potential disciplinary action against your license because of said accusations?
If so, our Professional License Defense Team at the Lento Law Firm is available to serve your needs. Along with representing nurses in Rochester, we also serve nurses in communities ranging from Arcadia to Geneseo. Learn more about how we can fight for your nursing license now by submitting your information via our online form or calling our offices at 888-535-3686.
Why You May Need Nurse License Defense Services in the Rochester Metropolitan Area
The Office can take action against a nurse's license if said nurse engages in unprofessional conduct as New York law defines it. Unprofessional conduct that can result in a nurse facing Office disciplinary action consists of any of the following:
- Willful or grossly negligent failure to adhere to or comply with the federal and state rules/standards/laws that apply to one's profession
- Leveraging undue influence over a patient for personal gain
- Receiving a fee or agreeing to receive one (whether directly or indirectly) in exchange for referring a patient to another professional for services
- Offering any of the above types of fees
- Allowing anyone except those legally permitted to do so to share in the fees one receives/charges for the professional services they provide
- Engaging in any conduct in the practice of nursing that indicates one is morally unfit for their role
- Willfully filing or making false reports, willfully failing to file necessary reports, or interfering with the filing of reports that need to be filed
- After a client requests certain relevant documents or materials that should have been prepared for them, failing to provide the said client with said materials
- Revealing information that could personally identify a client without their consent if said information was obtained in the course of one's professional duties
- Practicing nursing (or offering to do so) beyond the scope of one's practice as the law defines it
- Accepting nursing tasks or duties despite knowing that one lacks the legal permissions/experience necessary for such responsibilities
- Delegating professional tasks to someone when a nurse knows or has reason to know that the person to whom they are delegating said tasks may not be qualified to handle them
- Performing professional services that a client or their personal/legal representative hasn't consented to
- Engaging in any form of advertising or soliciting for patronage that the law deems is “not in the public interest” (which could mean, for instance, engaging in fraudulent advertising)
- When one is under investigation for unprofessional conduct and the Office, Education Department, or Department of Health requests certain materials for the purposes of their investigation, failing to provide said materials within 30 days
- Violating any conditions of probation or limitations on one's license
Be aware that the above forms of unprofessional conduct, although specifically aimed at nurses in this overview, actually apply to a wide range of professionals in the Rochester metropolitan area. New York law also prohibits certain forms of unprofessional conduct that apply exclusively to nurses and nurse practitioners.
Additional Forms of Unprofessional Conduct for Nurse Practitioners in the Rochester Metropolitan Area
New York law establishes extensive requirements for nurses to administer immunization agents. Failing to comply with any of these requirements is another form of unprofessional conduct that could result in a Rochester metropolitan area nurse facing disciplinary action.
Even if a nurse otherwise meets the requirements for administering immunization agents, they may still face Office discipline for unprofessional conduct if EITHER of the following apply:
- The label indicates the immunization agent is past its expiration date.
- The immunization agent has not been properly stored.
On top of this, New York law describes the manner in which a nurse practitioner must collaborate with other medical professionals when performing certain tasks, such as diagnosing conditions. Failure to abide by the terms of this law is yet another reason a nurse in the Rochester metropolitan area could have their license subject to Office disciplinary actions.
Other Forms of Professional Misconduct that Can Affect a Nurse's License in the Rochester Metropolitan Area
Along with the forms of unprofessional conduct that can get a nurse in trouble in or around Rochester, engaging in professional misconduct can also trigger disciplinary action. The law defines professional misconduct for a nurse in New York as any of the following:
- Obtaining a nursing license fraudulently
- Practicing nursing fraudulently
- Practicing nursing beyond one's authorized scope of nursing
- Practicing with gross incompetence
- Practicing with gross negligence on one occasion
- Practicing with negligence or incompetence on more than one occasion
- Practicing nursing while one's ability to do so is impaired by drugs, alcohol, or disability
- Being habitually intoxicated or otherwise reliant on drugs or alcohol
- Being convicted of violating any federal or state law, including laws in other jurisdictions that have equivalent laws in New York
- Having been found to have engaged in professional misconduct or improper practice in another state/jurisdiction
- Violating Article 23 of New York State's Public Health Law
- Having one's license subject to disciplinary action in another state/jurisdiction
- Refusing to provide services based on protected characteristics, such as someone's race or religion
- Committing any of the aforementioned forms of unprofessional conduct
- Violating New York's public health law regarding proper admission of patients
- Violating New York's law regarding the duty of health professionals to store and preserve evidence that may be related to sexual offenses
- Violating the New York law requiring nurses and other such professionals to fulfill certain course work or training requirements for proper infection control procedures, except when certain exceptions apply
The law also has specific restrictions on how nurses and other such professionals may receive fees, rebates, or other forms of value for offering such services as x-rays.
Understanding the misconduct you're accused of is very important when the Office is considering disciplinary action. At the Lento Law Firm, our Professional License Defense Team serves everyone from nurses at major Rochester healthcare facilities like Strong Memorial Hospital of the University of Rochester and Rochester General Hospital-Rochester Regional Health to nurses serving at smaller clinics in communities like Irondequoit, Greece, Brighton, Chili, Gates, Henrietta, and more. We'll help you thoroughly understand why you're facing disciplinary action if the Office has opened an investigation.
How the Office Can Discipline Nurses in the Rochester Metropolitan Area
Under NY law, the Office has significant flexibility when determining how to discipline nurses who've engaged in misconduct or unprofessional conduct. Forms of disciplinary action a nurse may face in the Rochester metropolitan area include:
- Censure and/or formal reprimand
- License suspension (which can include full license suspension for a fixed period of time, full suspension that may end when a nurse fulfills certain treatment-related or therapy-related requirements, or limited suspension that may end when a nurse fulfills certain conditions the Office imposes)
- License revocation
- License annulment
- Limitation on registration or on issuing a further license to a nurse
- A fine of up to $10,000
- A requirement to pursue a relevant training or education course
- A requirement that a nurse perform up to 100 hours of public service
Naturally, you may wish to fight against the charges if the Office is considering disciplinary action. Keep in mind that disciplinary action isn't necessarily the only option the Office may consider, even when it determines that a violation occurred.
For example, maybe you're facing disciplinary action because of an alleged substance abuse issue. In New York, Statewide Peer Assistance for Nurses (SPAN) is a support program designed to help nurses with substance abuse issues and similar issues get the support they need. The Office could present you with the option of enrolling in this program as an alternative to disciplinary action.
That's not to say you should always accept the offer. You must consider the requirements the program involves before deciding whether this offer is best for you, given the circumstances.
Helping you make these types of decisions is just one way we at the Lento Law Firm Professional License Defense Team can assist you. We can also advocate on your behalf throughout an investigation, making sure the Office treats you fairly.
What Does an Office Investigation Involve in New York's Rochester Metropolitan Area?
Every case is unique. That said, New York law establishes a fairly consistent procedure for how an Office investigation into professional misconduct may proceed. It involves:
- Complaint: Virtually anyone with relevant information about potential misconduct can file a complaint against a nurse with the Education Department.
- Investigation: The Office will launch an investigation if its initial evaluation of a complaint indicates a violation may have occurred. The Office will also draw up official charges and inform the nurse of the charges against them accordingly. During an investigation, investigators may ask a nurse to provide certain materials, participate in meetings/interviews, etc. While complying with these requests in a timely manner is critical to avoid further disciplinary action, if you've hired our team, you can direct these requests to us to ensure they're handled correctly.
- Potential negotiation or warnings: In some cases, the Office may be able to negotiate a deal with a nurse in which they agree that a violation has occurred, and they will accept a certain form of disciplinary action accordingly. Or, in cases involving minor violations that don't rise to the level of serious misconduct, the Office may issue informal or formal warnings.
- Hearing: A nurse who contests the charges against them has the option of participating in a hearing. Although a hearing gives a nurse the opportunity to present their side of the story, it's also important to remember that it gives the other side a chance to present the case against a nurse.
Having legal representation during a hearing is extremely helpful. At the Lento Law Firm, serving nurses throughout the Rochester metropolitan area, we'll speak on your behalf throughout the process, guarding against the types of errors that might harm your case.
How the Lento Law Firm Helps Nurses Who Need License Defense Services in the Rochester Metropolitan Area
It doesn't matter whether you work at a major facility like Clifton Springs Hospital and Clinic or if yours is a smaller clinic in a Rochester suburb like Penfield or Pittsford—if you're facing disciplinary action against your nursing license in the Rochester metropolitan area, our Professional License Defense Team at the Lento Law Firm can help. Ways we serve nurses in your position include:
- Reviewing your case and answering basic questions about the charges you're facing and the disciplinary actions the Office may take
- Handling all correspondence with the Office and representing you during meetings, hearings, etc., as an investigation plays out
- Presenting mitigating factors (such as your lack of previous disciplinary issues) to show why the Office should consider leniency
- Identifying and pointing out holes in the Office's case against you
- Ensuring you promptly comply with Office requests during an investigation
Those are general points. The specific ways we assist you will depend on the specific nature of your case. The sooner you review your case with a member of our team, the sooner we can begin working on your defense.
Contact the Lento Law Firm for Help With a Rochester Metropolitan Area Nurse License Defense Case
You may be understandably stressed as a nurse facing Office disciplinary action against your license in the Rochester metropolitan area. Don't let fear paralyze you!
By enlisting the help of our Professional License Defense Team at the Lento Law Firm, you can take a proactive step towards protecting a career you've devoted yourself to. Find out more about how we can help by calling our offices today at 888-535-3686 or submitting your information via our online contact form.
