Is your nursing license at risk? If you have been accused of professional misconduct, it might be.
Nurses practicing in Syracuse and the surrounding metropolitan areas are subject to the licensing rules and regulations of the state of New York.
That means New York's Office of the Professions (Office) will oversee any allegations of bad acts or professional misconduct, and the repercussions can be serious. Our Professional License Defense Team has the experience to help nurses who are facing these types of allegations, but it's imperative you take action quickly when you think your license may be in danger. Contact the Lento Law Firm at (888) 535-3686 or use our online form today to schedule a consultation.
Actions That Can Put Your Nursing License At Risk In Central New York
Like all medical professionals, nurses are held to a high standard of duty and care. The Office—in cooperation with the Board of Regents and the Commissioner of Education—maintains a list of potential actions and behaviors that would put you in violation of those standards, and be forewarned: it's a long one. Nurses in Syracuse and Auburn, NY, can find themselves facing disciplinary actions for a range of accusations. This list includes:
- Using foul or otherwise unsuitable language.
- Having an inappropriate relationship with a patient or coworker.
- Patient abuse or neglect, including the failure to provide proper care, as well as verbal and physical abuse.
- Substance abuse, including excessive use of recreational drugs.
- Misuse and/or mishandling of patient medication.
- Intentionally falsifying a patient's records.
- Billing insurance companies for services that were not provided.
- Stealing from a patient, including physical items (such as money and jewelry) or electronically appropriating the patient's identity.
- Certain criminal convictions and civil judgments, especially if they are related to allegations of negligence, malpractice, or other professional wrongdoing.
- Permitting or aiding an unlicensed person to perform activities requiring a license.
- Abandoning a patient in need of immediate care.
- Practicing beyond the scope of the profession.
You can see that this list includes both minor infractions and behavior that would be considered a serious violation. That's because nurses are the foundation of our healthcare system, providing more “hands-on” patient care than any other healthcare worker. These essential providers are often the gatekeepers for the healthcare system, providing education, support, and triage services on the frontlines.
This broad list is to ensure that nurses remain keenly aware of the potential impact their actions can have on the patients they care for.
It's also important to note that nurses will typically have 30 days to respond to written communications from the Education Department or the Department of Health regarding alleged misconduct. Failure to do so is considered an infraction on its own. That means it's crucial that you take immediate action if you receive any kind of notice or allegation.
What Type of Nursing Licenses Are At Risk?
All of them! New York recognizes four types of nursing licenses:
- Licensed Practical Nurse (LPN)
- Registered Nurse (RN)
- Nurse Practitioners (NP)
- Clinical Nurse Specialists (CNS)
There can certainly be specialties within some of these designations, but they would all fall under the Nurse Practice Act of New York, and would be subject to the rules, regulations, and statutes set out by the state.
This governance also applies to all nursing positions, without regard to where you might be employed.
In fact, there are a variety of nursing opportunities at hospitals, rehab centers, and other medical facilities throughout Syracuse, Auburn, and the surrounding metropolitan area; they will all be subject to the same expectation of professional responsibility.
This includes larger facilities such as SUNY Upstate Medical University, Crouse Hospital, and St. Joseph's Health, as well as smaller facilities, including Community General and Thompson Hospital.
Nurses working at the Van Duyn Center for Rehabilitation and Nursing, the Veterans Health Administration, and the New York State Office of Mental Health would also fall under this governance.
Earning your nursing license in the state of New York is a great accomplishment. The Lento Law Firm can help you safeguard this achievement and protect your rights.
Understanding License Defense in the Syracuse Metro Area
The Office of the Professions is responsible for investigating and prosecuting nursing misconduct in Central New York.
This process can be both time-consuming and stressful, as you may need to prepare formal responses to allegations against you, provide documentation or additional information, and be present for hearings where you may need to testify about specific events.
New York's disciplinary process also involves an extensive investigation performed by a Senior Investigator working for the Office of Professions.
In addition to interviewing you about the alleged events, the investigator will also interview other parties, including those with knowledge of the accusations and those who can testify to your competence as a nurse.
As you can imagine, it is imperative that you have legal representation during this process to ensure that your case is presented in the best possible light. Fortunately, the Lento Law Firm Team has many years of experience in nursing license defense and can guide you through this process.
After The Investigation: Will I Lose My Nursing License?
Once the investigation is complete, the Board of Regents will oversee the final disposition of any disciplinary orders. These orders can outline a range of punishments and actions, depending upon the allegations made and the outcome of the subsequent investigation.
Potential actions include:
- Censure and reprimand: This is the equivalent of a slap on the wrist, and it is a public condemnation of the behavior or action alleged. It will go on your record, but it doesn't typically include fines or restrictions.
- Monetary fine: These can range but can be upward of $10,000 for each violation.
- Suspensions and/or probationary terms: These actions are reserved for more serious charges and include both a full loss of privileges for a set amount of time and a restriction on active privileges. They can be imposed separately or used together depending upon the infraction.
- Revocation of license: Used in only the most severe cases of misconduct, a revocation is a complete loss of privileges. It is permanent, although New York does allow for the possibility of future reinstatement under certain circumstances. Note that it is up to you to file for the requested hearing(s), and you'll need to show that you have earned another opportunity to become a practicing nurse. In New York, reinstatements (after revocation) require a three-year waiting period.
In addition to these actions, you may also be required to receive therapy, treatment (common in substance abuse cases), and/or additional education and training.
The Lento Law Firm Team can help you navigate the disciplinary process and achieve the best possible outcome. Our Professional License Defense Team has been assisting nurses across the country for many years, and we know how to work with the Board of Regents and the Office of Professions.
Can A Guilty Ruling Be Appealed Or Overturned?
Yes! Nurses who have been found guilty can appeal the ruling, but there are strict filing windows, and you'll need to be prepared to present your case.
Appeals are often just as involved as the original hearing and can require witness and expert testimony, as well as the gathering and presentation of evidence that may have been overlooked (or unavailable) the first time around.
Also, remember that a guilty verdict will have already been rendered at this point, so you'll want to cover every possible angle to improve your chances of reversing this decision.
The Lento Law Firm Team can help you prepare for your appeal and ensure you receive the best possible outcome. Our Professional License Defense Team has the experience and knowledge needed to navigate this process and work with the Office of Professions and their assigned prosecutors.
If you're facing an appeal, don't do it alone. The Lento Law Firm can help you defend your nurse's license and obtain the best possible outcome.
What Areas Does The Lento Law Firm Serve?
Although Central New York spans five counties (Cayuga, Cortland, Madison, Onondaga, and Oswego) and includes popular suburban cities such as Syracuse, Auburn, Fayetteville, and Liverpool, a large portion of this area is rural. These populations are spread further out and may rely on smaller healthcare facilities or telehealth options.
The good news is that the Lento Law Firm Team works with nurses across the country and can help you protect your license, no matter where you live or work.
Should I Sign A Consent Order?
A Consent Order is essentially an agreement between you and the Office of Professions. It is much like a plea deal in a criminal case: in exchange for your acknowledgement of (and guilty plea to) the charges against you, the Office will not pursue further prosecution in the matter.
But before you sign, there are things you need to know:
First, you are admitting guilt when you sign a consent order, meaning that the contents of the order (and its charges) become a permanent part of your public record.
You are also agreeing to whatever discipline the office has stipulated as part of this agreement, and this can include a partial or full suspension of privileges, as well as the requirement to receive additional training or complete a treatment program.
Any kind of suspension, restriction, or revocation will, first and foremost, affect your ability to further your practice and earn a reasonable living.
Signing a consent order also waives your right to a hearing. This can make it harder to appeal the ruling (and its consequences) down the road.
It is true that a consent order may be your best option in certain circumstances, but it's important to understand what you're signing before you enter into such an agreement.
Consulting an attorney with experience in nursing license defense is crucial in these instances, and you should do this before you sign a consent agreement. The Professional License Defense Team at the Lento Law Firm can help.
I've Been Asked To Relinquish My License. What Do I Do?
In some cases, you may be asked to relinquish your license as part of a consent agreement. While the Office of Professions will not pursue additional civil actions against you in these instances, a relinquishment is effectively treated as a revocation of your license, and it will be reflected on your record as such.
Should you wish to seek reinstatement down the road, you would need to 1) wait the full three years to file your request as required by New York for license revocations, and 2) prove that you have earned a second chance.
The Benefits Of Having A Professional License Defense Team
Let's be frank for a minute: obtaining your nursing license wasn't easy. It took a considerable amount of time and effort, from the initial schooling and training you completed to the years you've spent expanding and perfecting your practice after receiving your nursing designation.
So, don't let it go without a fight. Let us help you protect your license and your right to practice nursing.
Our Professional License Defense Team can help you navigate every stage of the disciplinary process, including:
- Filing an official response to the complaint.
- 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 the Office of Professions, the Board of Regents, and the Health Department's Commissioner.
- Negotiating the best possible terms for a consent order.
Allegations against your right to practice nursing can be both serious and time sensitive. It's important that you take quick action while having a solid understanding of the rules, regulations, and laws that surround your nursing license.
Working with an experienced Professional License Defense Team during this time offers you the best chance to keep your license and protect your good name. We can help you prepare a strong case for every stage of your defense, and the sooner you contact our office, the easier this process will become.
Don't wait! If your nursing license is under investigation in Syracuse, Auburn, or the surrounding Central New York metro area, timing is essential. Contact the Lento Law Firm Team today at (888) 535-3686, or go online to schedule a consultation.
