As a nurse in the Tulsa metropolitan area, you may know that the Oklahoma Board of Nursing (referred to going forward as the Board) is responsible for licensing nurses in our state—and for taking disciplinary action against the licenses of nurses who engage in violations of the rules and laws governing nursing in Oklahoma.
Having your Oklahoma nursing license subject to disciplinary action can significantly affect your privilege to practice nursing. If you're facing potential disciplinary action, protect your career by enlisting the help of legal professionals with experience representing nurses like you.
Offering nurse license defense services in Tulsa, Broken Arrow, Bartlesville, Jenks, and all throughout the Tulsa metropolitan area, our Professional License Defense Team at the Lento Law Firm is prepared to serve your needs. Learn more about how we can help by submitting your information via our online form or by calling our offices today at 888-535-3686.
Reasons You May Need Nurse License Defense Services in the Tulsa Metropolitan Area
The Board derives its powers from the Oklahoma Nursing Practice Act (NPA). Under the NPA, the Board may discipline nurses for the following violations:
- Engaging in fraud, deceit, or material misrepresentation when seeking to obtain or obtaining a nursing license or any other such authority/certificate
- Being convicted of a felony or any other crime that substantially relates to one's fitness to serve as a nurse
- Being convicted of any crime of which an essential element is violence, fraud, or dishonesty, or having a deferred or suspended sentence related to such crimes revoked due to one's misconduct
- Failing to conform to the standards of nursing or otherwise failing to care for patients in a manner that, according to the Board's assessment, could put patients at unreasonable risk of harm
- Using alcohol or drugs in a manner that renders one “intemperate” and thus unable to safely care for patients
- Demonstrating a pattern of practice or behavior that indicates one is unable to safely practice nursing due to impairment resulting from the use of alcohol, the use of drugs, physical impairment, mental condition, or illness
- Being adjudicated mentally incompetent or ill, being found to be chemically dependent or a danger to the public, or being otherwise committed by “a court of competent jurisdiction,” regardless of whether said court is in Oklahoma
- Being guilty of unprofessional conduct, as the Board defines it
- Being guilty of an act that, per the Board's rules, jeopardizes the life, health, or safety of a patient
- Violating a relevant law or Board rule regarding the possession and administration of narcotics and controlled substances
- Having had one's nursing license subject to discipline in any other jurisdiction, including other countries
- Defaulting or being terminated from the Peer Assistance Program, a potential alternative to disciplinary action for Oklahoma nurses struggling with substance abuse issues
- Failing to maintain professional boundaries with a patient in a manner that violates Board rules
- Engaging in sexual misconduct in a manner that violates Board rules
- Illegally and knowingly providing gender transition services to a child
Nurses all throughout the Tulsa metropolitan area, from Claremore to Cleveland, must abide by the same rules. However, sometimes, those rules are unclear or vague. For example, in a case involving an alleged violation of professional boundaries, whether a nurse genuinely crossed professional boundaries can be a matter that's open to interpretation.
The law is nuanced. When you're facing discipline against your nursing license, it's critical to have representation from legal professionals who understand these nuances.
These are the types of lawyers who serve Tulsa metropolitan area nurses at our Lento Law Firm Professional License Defense Team. If you've received a notice indicating the Board suspects you've violated the NPA or another relevant law/rule, our team can explain the charges and implement a defense strategy that accounts for your case's specific and unique details.
Forms of Disciplinary Action the Board Can Take in the Tulsa Metropolitan Area
Per the NPA, the Board can take the following forms of disciplinary action against the license of a nurse found guilty of a violation in the Tulsa metropolitan area:
- License denial: The Board can deny a prospective nurse a license if it finds they've violated any of the Board's rules or applicable laws. Similarly, if a nurse already practicing in Oklahoma commits a violation, the Board can refuse to issue them a renewed license.
- License limitations: The Board can limit or restrict a nurse's license without completely stripping them of the privilege to practice nursing in Oklahoma. How the Board may do so can depend on the nature of the alleged violation. For example, perhaps a nurse has allegedly committed a violation involving the possession or administration of drugs or controlled substances. The Board may limit a nurse's authority to access or administer such drugs accordingly. Depending on the circumstances, limitations on a nurse's license may end after a set period or after a nurse fulfills certain conditions of the Board.
- License suspension: The Board may temporarily suspend a nurse's license. A nurse may not practice in Oklahoma while their license is suspended. Doing so can give the Board reason to take additional disciplinary action against a nurse's license. As with license restrictions and limitations, the Board might lift a suspension after a set period of time or after a nurse fulfills certain conditions.
- License revocation: Revoking a nurse's license is the most significant form of disciplinary action the Board can take. The law states that a nurse who's had their license revoked may apply for reinstatement after a period. However, the Board can determine how long that period may be. That means license revocation could prevent a nurse from practicing in Oklahoma for several years.
- Administrative penalties: Being found guilty of a violation of the NPA in the Tulsa metropolitan area can also be financially costly for a nurse. The Board has the authority to assess administrative fines of up to $500.00 for every violation a nurse is found to have committed.
These aren't necessarily the only forms of disciplinary action the Board may take against nurses who violate its rules. The language of the law indicates the Board can “otherwise discipline” nurses as it sees fit, indicating the Board may opt for case-specific forms of disciplinary action that can vary depending on the details of an alleged violation.
Regardless of the type of discipline the Board is considering, having a proper defense can significantly influence your case's outcome. At the Lento Law Firm Professional License Defense Team, we represent everyone from nurses working out of major Tulsa metropolitan area health facilities like St. Francis Hospital-Tulsa and Ascension St. John Medical Center to nurses operating out of smaller clinics and facilities in communities like Muskogee, Bixby, Broken Arrow, Sand Springs, and more.
A Note on Board of Nursing ‘Corrective Actions' in the Tulsa Metropolitan Area
As mentioned previously, when addressing the Peer Assistance Program, the Board doesn't always opt for disciplinary action when a nurse has committed a violation. The NPA also authorizes the Board to consider “corrective actions” instead of traditional discipline.
Corrective action may consist of any of the following:
- A remedial education requirement
- An administrative penalty
- A combination of a remedial education requirement and an administrative penalty
(Note: Along with corrective actions, the Board can submit a letter of concern to a nurse. This isn't disciplinary action, but it may suggest the Board would consider disciplinary action in the future if a nurse doesn't address the matter that prompted such a letter.)
The fact that a nurse's license has been subject to corrective action is a factor the Board may account for when deciding what to do in future disciplinary proceedings involving a nurse. However, the corrective action itself doesn't constitute a form of disciplinary action. Thus, it typically has less of an effect on a nurse's practice and professional reputation.
Fighting for corrective action over disciplinary action is one way our Professional License Defense Team could assist a nurse whose license is in jeopardy. Whether you're a nurse in a busy setting like Ascension St. John Broken Arrow Hospital or you serve a community like Glenpool, Catoosa, or Skiatook, if you're facing disciplinary action in the Tulsa metropolitan area, we're available to help.
How Disciplinary Action Against a Nursing License in the Tulsa Metropolitan Area Can Affect a Nurse in Other States
Be aware that the Board in Oklahoma, like most nursing boards throughout the country, participates in the Nursys system. This means it's part of a network of nurse licensing boards that share information, files, and data.
The Nursys system provides a benefit to nurses when they move states or when they wish to travel while practicing nursing throughout the country. If a nurse has a valid license in one Nursys state, getting a license in another state is a relatively easy process.
However, if the Board takes disciplinary action against a nurse's license in the Tulsa metropolitan area, a record of said disciplinary action gets attached to their file. This can negatively impact their reputation and potentially limit their ability to obtain a nursing license in another state.
Such points serve as critical reminders: You should never ignore the matter if you're facing Board action against your license. Even if you think you don't have to worry because you plan on moving, the action the Board takes here can affect your career elsewhere. Our Lento Law Firm Professional License Defense Team can thus protect your privilege to practice nursing both in and outside the Tulsa region.
What a Board Investigation May Consist of in the Tulsa Metropolitan Area
The Board may investigate a nurse for an alleged violation upon receiving a complaint. During an investigation, Board investigators can gather evidence by interviewing witnesses, reviewing personnel files, and taking other investigatory steps as necessary. The Board may proceed with a hearing if the evidence suggests a violation may have occurred.
The Oklahoma NPA states the Board must conduct disciplinary hearings in accordance with the Oklahoma Administrative Procedures Act. Requirements the Board must abide by include:
- Providing a nurse with notice of their opportunity to participate in a hearing
- Ensuring the notice states the time, location, and nature of the hearing
- Providing a statement of legal authority, the hearing is to be held under
- Referencing the particular statutes, laws, or rules that apply to a nurse's case
- Providing a brief and clear statement regarding the reason why a nurse may face disciplinary action
Cooperating with the Board during an investigation is wise. For example, if the Board contacts you requesting certain information or materials, failing to respond could result in greater disciplinary action.
That's not to say you need to navigate this process on your own. Our Professional License Defense Team at the Lento Law Firm can handle these requests on your behalf, and we can represent you during any disciplinary hearings that may arise as a result of your case.
Contact the Lento Law Firm for Tulsa Metropolitan Area Nursing License Defense Services
Our Lento Law Firm Professional License Defense Team can assist you in various ways when you're facing disciplinary action against your nursing license in the Tulsa metropolitan area. General examples of how we help clients like you include:
- Reviewing case details to explain the nature of the charges a nurse faces and the potential forms of disciplinary action the Board may take
- Representing a nurse during hearings and all correspondence with the Board over the course of an investigation
- Challenging the Board's evidence against a nurse and gathering evidence to strengthen a nurse's story
- Identifying mitigating factors that may suggest the Board should consider leniency, such as the fact that a nurse may have an otherwise violation-free record
Again, those are general examples. You'll appreciate the true value of our services when you learn how we tailor our defense strategies to the specific needs of individual clients. For more information about how our team can defend a nurse facing discipline in the Tulsa metropolitan area, call us at 888-535-3686 or submit your information through our online contact form.
