Are you a licensed practical nurse (LPN) in Ohio facing the prospect of losing your license? First, don't panic. You have options, even if you feel overwhelmed right now at the prospect of losing your livelihood. Not only do you have options, but you deserve to have an experienced team of attorneys standing alongside you, waiting to champion your legal rights.
That's where we come in. At the Lento Law Firm, we're here to tell your side of the story. We will walk alongside you through every step of the disciplinary process, and we're committed to doing everything possible to protect your LPN license.
For urgent advice and representation, call 888.535.3686 or reach us online now. You've worked too hard and invested too much in your professional development to handle such a complex and crucial matter alone.
The Ohio Board of Nursing
In Ohio, the State Board of Nursing oversees the education, licensing, and discipline of all nurses in the state, including LPNs. The Board's authority comes from the Nurse Practice Act, which forms part of the Ohio State Code.
First and foremost, the Board's duty is to protect public health and promote safe, effective, and consistent healthcare across Ohio. Given its role, the Board will never hesitate to suspend or revoke your license – no matter what the accusations against you. To minimize the impact of disciplinary action or license issues on your future, it's crucial that you handle any investigations effectively and quickly. When you retain our attorneys, we will act without delay to protect what matters most – your LPN license.
Complaints Against LPNs in Ohio
The Board does not have the authority to investigate every complaint made against an LPN. They can investigate complaints and suspend or revoke an LPN license if the alleged misconduct relates to the following.
- Substance abuse (including alcohol, drugs, and controlled substances)
- Deliberately assaulting a patient
- Depriving a patient of comfort or the means to seek assistance
- Conduct which falls below the expected professional standards while on duty
- Crossing professional boundaries
- Acting beyond professional remit and authorized competencies
- Misdemeanors committed while on duty
- Felony convictions
LPNs could also face scrutiny for mental or physical impairments, which impact their ability to deliver safe nursing care. It is, of course, crucial that the Board does not discriminate against any LPN with a disability. When you retain our attorneys, we can explain what legal rights and protections you have and how they may impact your case.
The Ohio Board of Nursing Disciplinary Process
When the Board receives a complaint from a member of the public, a patient, or another individual, they assign the case to a Board investigator. The investigator must determine if the case has merit or if it should be dismissed quickly. If, for example, the allegations are superfluous or outside the scope of the Board's authority, then the investigation won't move forward.
In cases where the Board believes an LPN to be an immediate public threat or where they are found guilty of certain felony offenses, the Board can suspend the LPN's license immediately, pending completion of its investigations. Our team can explain your options for handling the situation should you receive notification of an automatic temporary suspension.
Preliminary Investigations
The Board investigator will first perform an initial basic investigation into the complaint. Should they decide that the case has merit and that misconduct may have taken place, they will begin more formal investigations. You will be notified that you are under Board investigation and can respond.
Dismissal or Further Investigation
Ideally, the Board will dismiss the accusations or the complaint against you at an early stage. However, as guardians of public health, nursing boards typically prefer to investigate complaints thoroughly rather than dismissing them. Investigations usually involve gathering evidence, interviewing witnesses, and inspecting written records e.g., patient care charts, emails, and other correspondence. This is why you must remember that the Board is not an ally. They will not hesitate to act against you, which is why you need our experienced attorneys standing alongside you.
Consent Agreement
If you accept some or all the accusations against you, then in exchange for a lesser penalty, you can enter into a consent agreement with the Board. You may also have the chance to attend an intervention and improvement program if the Board believes that you have a knowledge or practice deficiency that is more appropriate to correct through education rather than discipline. However, if you fail to complete the program to the Board's satisfaction, you could still face further penalties.
In all cases, this does, of course, mean accepting at least some degree of wrongdoing. You should not enter into a consent agreement or accept a place in an improvement program until the Lento Law Firm reviews your case. We will help you determine whether accepting the Board's proposals is the fairest outcome.
Formal Board Hearing
It's not always possible to reach an informal agreement with the Board. And, sometimes, the Board may refuse to even offer a consent agreement if they deem that the alleged misconduct is too severe to handle informally. Typically, this means that license revocation is under serious consideration.
In all such cases, the only option is to have a formal hearing. A disciplinary hearing takes place before Board appointees, and it proceeds just as formally as any other administrative court hearing. The Lento Law Firm will robustly counter the Board's evidence against you and present the strongest evidence available in your defense. Whether it's challenging witnesses or demonstrating your commitment to safe nursing care, we will do everything possible to protect your LPN license.
Potential Outcomes of LPN Disciplinary Proceedings in Ohio
The outcome of your case depends upon various factors, including the severity of the accusations against you and the Board's findings. Possible disciplinary outcomes after LPN license investigations in Ohio include:
- Formal reprimands
- Probation
- Fines
- Supervised practice
- Mandatory further education, rehabilitation, or counseling
- License suspension
- License revocation
Should you lose your license, it may be possible to seek reinstatement. If your license is suspended, you can apply for reinstatement after the period of suspension expires. But if your license is revoked, you may need to wait at least a few years before you can apply for a new or reinstated LPN license. When you hire us, our attorneys will explain how the reinstatement process works for LPNs in Ohio and how you might proceed in reactivating your license.
Personal and Professional Consequences
Losing your LPN license could mean losing your livelihood. Financially, this could affect your ability to pay your bills or even remain in your own home, especially if you cannot find a new position with a similar income.
Professionally, you must remember that sanctions form part of your permanent disciplinary record. This could make it more challenging for you to progress in your career. Sanctions are also visible to the public should they perform a search for your license and qualifications online.
And finally, Ohio is part of the Nurse Licensure Compact. Compact states share information with each other. Meaning not only could you be prevented from practicing as an LPN in Ohio, but you could face restrictions in multiple other states.
Given how severe these consequences can be, you must handle license disciplinary action both promptly and effectively. When you call us, we will urgently get to work on building your case and presenting a compelling defense to the allegations against you.
Appealing LPN License Suspension or Revocation
You are legally entitled to appeal the Board's decision to revoke or suspend your LPN license. However, you require sufficient grounds to successfully appeal the Board's decision. Appeal hearings are not simply a new opportunity to revisit the same facts. Grounds for making an appeal include, for example, if you feel that the Board didn't follow the right procedures, that they didn't take all relevant evidence into account, or that they simply didn't apply the law correctly.
- The court may, upon hearing your appeal, reverse the Board's decision and either dismiss the case or impose a different (usually less severe) penalty.
- On the other hand, the court may affirm the Board's decision and agree that your license should be suspended/revoked. You may have recourse to appeal to a higher court. Our Professional License Defense Team can explain if this is the case.
There are strict timelines and protocols for appealing license suspension or revocation in Ohio. The procedure is inherently complex. That's why it's best to leave the matter to our Professional License Defense Team. Do not attempt to handle your own appeal – your license is too valuable to risk.
How the Lento Law Firm Professional License Defense Team Can Help
In Ohio, you have the right to legal representation at Board hearings. However, there's an erroneous belief that it's unnecessary to hire an attorney if you're facing Board investigations. But why is self-representation less than optimal? Well, bear in mind that the Ohio Nursing Board has its own team of highly experienced and knowledgeable attorneys at its disposal. It also has state financial resources to call upon.
If you don't have your own attorney, you're immediately at a disadvantage. But you need just any attorney. You need lawyers who understand what it takes to succeed against state nursing boards – which is why you need us. When you retain the Lento Law Firm, here's what you can expect.
- A thorough explanation of your legal and procedural rights and how we will help you exercise them.
- Clear information on the options for moving your case forward so you can make an informed decision as to how you wish to proceed.
- A team that will leave no stone unturned as we gather as much evidence as possible to support your case.
- Experienced attorneys who know how to handle the nuances involved in nursing board negotiations.
- Effective representation should your case proceed to a hearing or an appeals stage.
The Board will not hesitate to suspend or revoke your LPN license. And any action taken against you could result in a mark on your disciplinary record. Do everything you can to protect your livelihood and professional reputation. Call the Lento Law Firm today.
Premier Law Firm Representing Health Professionals Across the US
As an LPN, you deserve to know that the attorney representing you has the experience and commitment to give you the best chance of success. And when you retain the Lento Law Firm, that's exactly what you can expect. Our Professional License Defense Team routinely represents healthcare workers, including LPNs, nationwide. No matter what medical specialty you work in and no matter what accusations you face, we can help. We can represent nurses and LPNs in every health facility in OH, including:
- Ohio State University Hospital
- Cleveland Clinic
- Christ Hospital
- Wexner Medical Center
- Hillcrest Hospital
- Riverside Methodist Hospital
- Miami Valley Hospital
Whether you're a newly qualified LPN or a seasoned practitioner, we're standing by, waiting to represent you before the Ohio State Board of Nursing. Once you've hired us, we'll immediately get to work on your behalf.
Contact the Lento Law Firm Now
LPNs like you are crucial to helping patients feel comfortable, calm, and safe at a vulnerable point in their lives. One mistake – or even a false accusation – should not be enough to derail everything you've worked so hard for or to deprive you of the chance to help others. At the Lento Law Firm, we will defend your LPN license with passion, conviction, and determination. Whether we're negotiating a mitigated penalty or fighting to have the complaint dismissed, we will do everything possible to secure the most favorable outcome possible.
Don't leave your future to chance. Hire the Lento Law Firm Professional License Defense Team, and let's defend your LPN together. Call 888.535.3686 or leave us a message online now.
