Becoming a licensed practical nurse (LPN) in Oregon isn't something you wake up one day and immediately succeed at. Securing your license involves dedication, extensive training, and a commitment to nursing education. You finally obtain your hard-fought license at the end of this long process, but that isn't the end of the story.
Investigations into an LPN's workplace conduct started by anonymous complaints can immediately place a license at risk. No one deserves to endure disciplinary investigations without reason, and LPNs who dedicate their lives to helping others should not face punishment that limits their ability to pursue this noble goal.
LPNs in Oregon who learn of pending investigations into their license should immediately contact the Lento Law Firm to get a head start on defending themselves from accusations of nursing violations. Call our Professional License Defense Team today at 888-535-3686 or contact us through our website. We will do everything we can to protect your license and keep you in good standing with the Oregon State Board of Nursing.
Disciplinary Sanctions Against Licensed Practical Nurses in Oregon
The Oregon State Board of Nursing oversees nurse licenses in the state, including those of licensed practical nurses. With the number of registered nurses dwarfing the number of LPNs by a factor of 10, the Board has its hands full. Regardless, many of the same rules and restrictions regarding conduct and behavior apply to all nurses in the state.
The Board is responsible for issuing licenses, interpreting state laws, and disciplining nurses who threaten to harm the public's trust in the profession through violations of the Nurse Practice Act. Some potential grounds for disciplinary sanctions against LPNs include the following:
- Criminal Conviction: If you are convicted of a crime related to your role as an LPN, the Board may revoke or deny your license. Proof of conviction from the court is enough to act against your license.
- Gross Incompetence or Negligence: Concerns that severe incompetence or negligence affects your ability to act as an LPN can lead to disciplinary actions. The Board can learn of this behavior through patient, colleague, or employer complaints.
- Fraud or Misrepresentation in Licensing: Providing false information or misleading details when applying for or renewing your license is grounds for disciplinary action down the line. Mistakes happen, and you must defend against accusations of purposeful deceit to keep your license in good standing.
- Impairment: If substances such as drugs or alcohol impair your work ability or you have a condition that affects your ability to practice safely, the Board may sanction your license to protect the public from potentially harmful behavior. Conditions that affect your nursing ability include mental and physical impairments that can potentially reduce your effectiveness as an LPN.
- Unprofessional Conduct: To maintain high trust in Oregon's overall nursing practice, the Board can sanction LPNs for any behavior that violates the professional standards of nursing, including ethical and moral conduct expected of nurses.
- Violation of Nursing Regulations: Breaking any rules or provisions outlined in state laws and administrative statutes that govern nursing practice can result in disciplinary action.
- License Revocation in Another Jurisdiction: If your license has been revoked or suspended in another state or country, this can impact your Oregon license as well. The Board can take action after learning of the existing sanctions and obtaining official documents proving such action.
- Violation of License Conditions: If the Board has already issued license restrictions, failing to comply with existing conditions and continuing to practice in an unsafe manner may result in the complete revocation of your license.
Each type of nursing license holder in the state has different responsibilities and levels of practice authority. The Oregon State Board of Nursing details what restrictions exist for LPNs, such as:
- Practice authority while under the direction of an RN, NP, physician, or dentist.
- Limited scope of practice as detailed in an established plan of care or treatment plan written by their supervisor.
- Requirements to carry out interventions only if assigned and consistent with their current level of education and training.
With more restrictions on what they are allowed to do and how they can help patients, many LPNs facing license threats are in their position simply due to honest mistakes when trying to provide high-quality care to patients. Even if the Board initially sees it differently, no one should face license sanctions because of their desire to help others.
Whether the Board accuses you of fraud in your license application or investigates a potential breach of your practice authority, you shouldn't assume that the truth will prevail without proactively building a defense. The Lento Law Firm can represent you during disciplinary investigations and hearings to prevent the Oregon State Board of Nursing from taking serious action against your LPN license. Our Professional License Defense Team has experience negotiating with every state Board of Nursing, including here in Oregon, and we can use this experience to fight for the best possible outcome for your case.
Oregon Licensed Practical Nurse Disciplinary Process
The Oregon State Board of Nursing encourages anyone with a valid complaint against an LPN to come forward and present this info confidentially, either online or through mail. Since the Board is responsible for enforcing nursing laws and regulations, complaints are one way for them to find potential instances of misconduct among LPNs.
Anyone can file a complaint against an LPN, most often:
- Patients or their family members
- Employers
- Other nurses and licensed professionals
- Co-workers
- A self-report by the LPN
Through a complaint, the Board can learn who committed an action, what harm was caused to the person affected, when and where it occurred, and who else may know about the misconduct. From this starting point, they will conduct their own investigation and inform the LPN about a pending disciplinary case against them.
Complaint Intake
Whenever the Board receives a complaint, they conduct a preliminary review to determine whether the actions alleged in the complaint violate existing standards or rules related to an LPN's scope of practice. Some conduct may be wrong, but that doesn't mean that the Board has jurisdiction to discipline an LPN because of it. Examples include workplace issues, like dress code violations, that are unique to each employer.
The Board will begin an investigation if the complaint alleges behavior that violates Oregon's nursing laws and regulations. An investigation doesn't guarantee future disciplinary action, but it does mean that the alleged behavior is worth investigating.
Investigation
From the early stages of an investigation, the Board must respect the due process rights of all LPNs under investigation. Board investigators will inform the LPN of the allegations, give them a chance to respond, and describe the upcoming resolution process. LPNs have the right to work with an attorney during the investigation and throughout the rest of the disciplinary process.
Investigations aim to gather more evidence of the alleged conduct through interviews and reviews of relevant records. If the complainant provides contact information, they can provide further details and proof of their allegations to investigators.
Investigators will present all evidence of practice or conduct problems to the Board, which has final authority to impose discipline based on its understanding of Oregon laws and administrative rules. Investigations may find no evidence of violations or misconduct, which will likely end your complaint process quickly without discipline.
Resolution
If the Board does not dismiss your case, it will resolve it in one of two ways:
- Stipulated Agreement: Through a stipulated agreement, you acknowledge the facts of the incident as described and accept the proposed disciplinary action and license restrictions. In essence, you plead guilty to whatever negotiated agreement your attorneys reach with the Board. Your attorneys can offer a stipulated agreement to the Board at any time, but the Board has the final say in whether this agreement sufficiently addresses the issues in the complaint.
- Notice: The Board will send a notice to any LPN with whom it cannot reach a stipulated agreement. Notices detail the disciplinary charges against a nurse and the specifics of how an LPN can challenge the charges through a hearing before the Board. These notices are public information that complainants or members of the public can request.
A stipulated agreement usually requires an LPN to admit to some level of wrongdoing or misconduct, even if minor. However, it doesn't necessarily mean your journey as an LPN is over in the state of Oregon. Roughly 75% of disciplinary cases end in a stipulated agreement, and one of the most important roles of your attorney is negotiating a favorable agreement that limits sanctions on your license.
If the Board offers unfair agreements or you wish to fully exonerate yourself from false accusations, you always have the right to respond to a notice and plan for a hearing. Hearings are very similar to court trials, and your attorney will also be instrumental during this step of the process.
Hearing
Technically, failing to reach a stipulated agreement with the Board doesn't automatically result in a hearing. You must respond to the notice and request a hearing to contest the disciplinary charges. Otherwise, the Board can issue a default decision.
During a hearing, you and your attorney can provide further evidence to defend against the accusations, explain your conduct, and argue for limited or no disciplinary sanctions. Your proof will likely look similar to evidence gathered by investigators: witnesses, medical records, police reports, and physical evidence.
Are Appeals Possible?
After a hearing, you may still not receive the outcome you are looking for. If you disagree with the Board, you have the right to appeal their decision to the Oregon Court of Appeals. However, once this method is exhausted, further appeals are under the jurisdiction of the Oregon Supreme Court.
With few opportunities to appeal, crafting a solid defense from the outset is the best way to secure a favorable result. Even if you are already facing disciplinary sanctions after a Board hearing or default decision, working with an attorney can help you successfully win on appeal. Your time to file an appeal is limited, so call the Lento Law Firm Professional License Defense Team today to begin protecting your LPN license in Oregon.
Disciplinary Sanctions Against Licensed Practical Nurses in Oregon
If the Board finds that the evidence warrants discipline or you reach a stipulated agreement, you will likely face some punishment or restriction on your license. The severity will depend on your violations and how well your attorneys can negotiate favorable terms. The most common actions the Oregon State Board of Nursing takes include:
- Reprimand: A formal notice sent to an LPN indicating they have violated Board standards, serving as a warning rather than direct license restrictions.
- Civil Penalty: A monetary fine of up to $5,000.
- Voluntary Surrender: Allowing the LPN to voluntarily relinquish their license without confrontation instead of facing potential suspension or revocation.
- Denial of Licensure: The Board may refuse to issue or renew an LPN's license due to previous misconduct or violations.
- Probation: Imposing restrictions or conditions under which an LPN must practice, such as closer supervision or mandatory training.
- Suspension: Temporarily removing the LPN's ability to practice nursing for a specified period.
- Revocation: Permanently or indefinitely removing an LPN's license to practice in Oregon.
Disciplinary actions are public, and it's vital to reduce the severity of disciplinary sanctions as much as possible to prevent immediate hardship and potential setbacks in the future. Many LPNs struggle with career advancement if they face harsh disciplinary sanctions early in their career. The Lento Law Firm Professional License Defense Team will work with the Board to find an agreement that works for both sides and helps you return to the workforce without further restrictions.
Protecting Oregon's Licensed Practical Nurses From License Risks
Threats to LPN licenses are not contained to one part of the state. Our Professional License Defense Team has represented LPNs working for many large employers in Oregon, including:
- OHSU Hospital – Portland
- Legacy Emanuel Medical Center – Portland
- Salem Hospital – Salem
- Asante Rogue Regional Medical Center – Medford
- Providence St. Vincent Medical Center – Portland
- St. Charles Medical Center – Bend
- Good Shepherd Health Care System – Hermiston
- Bay Area Hospital – Coos Bay
- Hillsboro Medical Center Emergency Room – Hillsboro
Every LPN with current license risks needs legal assistance to guarantee that the disciplinary process is fair and respectful of their rights under Oregon law. The Lento Law Firm is ready to learn more about your situation and help you return to your career without restrictions and punishment.
Call the Lento Law Firm To Protect Your LPN License in Oregon
The Lento Law Firm has many years of documented experience and success helping LPNs defend their license from false accusations or overzealous disciplinary actions. Even if the Oregon State Board of Nursing has already issued an unfavorable decision, our Professional License Defense Team can work to craft an appeal that gets your license back in good standing. Call us today at 888-535-3686 or contact us online to get in touch with our attorneys and protect your license.
