Becoming a nurse practitioner in Oregon demands years of education, rigorous training, and an unwavering dedication to patient care. With advanced responsibilities and added pressures, nurse practitioners are often the backbone of any healthcare facility. However, the Oregon State Board of Nursing has strict regulatory standards and rules, and one complaint against you is enough to risk your future as a nurse practitioner.
The Lento Law Firm has represented countless nurse practitioners as they face risks to their license, and we understand just how important your role is. Our Professional License Defense Team is committed to giving nurse practitioners a voice and defending them against allegations of all stripes.
Whether you are currently facing license risks due to an honest mistake or a malicious false accusation, we are here to help. Call the Lento Law Firm today at 888-535-3686 or contact us through our website to speak to our team and get started on your defense.
Grounds for Disciplinary Action in Oregon
The Oregon State Board of Nursing oversees all nurses in the state, including advanced registered practice nurses like nurse practitioners. Their mission is to regulate those involved in the nursing profession and protect the public by correcting unsafe behavior. As such, they routinely discipline nurses who risk endangering the public's trust in the profession. Some potential grounds for disciplinary action include:
- Conviction of a crime that has a demonstrable relationship to a nurse practitioner's scope of work.
- Gross incompetence or negligence.
- Purposeful fraud, deceit, or misrepresentation during license applications and renewals.
- Impairments that put patients at risk, such as alcohol abuse and mental health conditions.
- Any derogatory conduct that undermines the professional standards set by the Board of Nursing.
- Violations of nursing laws, such as inappropriately using titles that require special licensing and education.
- License suspensions or revocations in other states or countries.
- Physical conditions that make it hard for a nurse practitioner to conduct their duties safely.
- Violations during probationary license periods following previous investigations into misconduct.
When the Board of Nursing sanctions a nurse practitioner's license, even if minor, the information remains on your public record, viewable by all. A fine or warning letter may not immediately impact your life, but the stigma of disciplinary action can follow you as you seek new employment or advance in your career. The Lento Law Firm will work hard to help you avoid disciplinary action altogether and prevent any public documentation from being forever attached to your name.
Potential Disciplinary Sanctions Against Nurse Practitioners in Oregon
When the Board decides to take disciplinary action against a nurse practitioner in Oregon, the punishment will always depend on the type of infraction, the history of the nurse practitioner, and the potential for behavior to improve in the future. The most common actions that the Board can take include:
- Reprimand: A formal notice sent to a nurse practitioner highlighting violations of Board standards or the Nurse Practice Act.
- Civil Penalty: Fines of up to $5,000.
- Probation: Restrictions on a nurse practitioner's license, forcing them to change roles, undergo training, or work under monitoring.
- Suspension: The removal of a nurse practitioner's ability to work for a set period of time.
- Revocation: Permanent or indefinite removals of a nurse practitioner's license.
- License Denial: The Board can deny a nurse practitioner's license renewal due to previous misconduct or violations.
- Voluntary Surrender: The Board may allow a nurse practitioner to surrender their license instead of facing a suspension or revocation due to their actions.
Since the Board of Nursing has access to all previous license sanction information and investigation details, it is vitally important to present yourself in the best light at all times. Even years down the line, previous violations can influence later disciplinary sanctions. The Lento Law Firm knows how hard you worked to obtain your nurse practitioner license and can represent you before the Board to prevent severe sanctions from becoming a reality.
How Substance Abuse Issues Can Affect a Nurse Practitioner's License in Oregon
The Oregon State Board of Nursing recognizes that substance abuse is an ever-present risk for nurse practitioners working in the state. Substance abuse can lead to patient harm and substandard care, so the Board must step in to address behavior to follow their mission and protect the public. However, this doesn't mean that a nurse practitioner dealing with substance abuse issues automatically loses their license or faces harsh punishment.
Anytime substance abuse issues are at the core of misconduct, the Oregon Board of Nursing can offer placement into the Health Professionals' Services Program (HPSP) as an alternative to traditional disciplinary action. Importantly, completing this program will allow a nurse practitioner to avoid public acknowledgment of their substance abuse and misconduct. The program aims to help a nurse practitioner obtain treatment and regain full practice authority.
Completing the HPSP isn't a walk in the park, and nurse practitioners who want to avoid disciplinary sanctions must follow all guidelines and take active steps to improve their behavior. If your complaint alleges violations related to substance abuse issues, the Lento Law Firm can negotiate with the Board to secure placement into the HPSP and help you obtain much-needed treatment.
Complaint Process Against Nurse Practitioners in Oregon
The Oregon Board of Nursing cannot reasonably monitor every nurse practitioner in the state, protecting patients from harm before it happens. Instead, they rely heavily on complaints sent in by employers and members of the public. While this provides an easy way for someone to make their concerns known, it also means that a nurse practitioner is only one bad interaction away from coming under scrutiny.
The Board of Nursing encourages anyone who believes a nurse practitioner has violated the Nurse Practice Act to file a complaint. Members of the public can file anonymous and confidential complaints through mail or a simple online complaint form. If you are a nurse practitioner in Oregon and someone has filed a complaint against you, the Lento Law Firm can spring into action and represent you during ensuing investigations and hearings. As soon as you are made aware of threats to your license, contact our Professional License Defense Team to get started on your defense.
Complaint Intake and Initial Review
The first part of the complaint process is the intake by Board investigators. While anonymous reports are allowed, they may not give investigators much information to follow up on. Over 50 percent of all complaints come from employers, with coworkers, patients, patient family members, and other licensed professionals filing the remainder of complaints.
Complaints do not immediately trigger investigations. Investigators must first validate whether the alleged actions fall under Board jurisdiction. In addition, the complaint must detail actual violations, not simply bad behavior or disagreements between patients and the nurse practitioner. Investigations will proceed if there is a genuine concern about a nurse practitioner's practice or conduct.
Investigation
Board investigators have broad authority during their investigations. To thoroughly vet the claims, they can interview coworkers, employers, patients, complainants, and anyone who may have knowledge of the nurse practitioner's actions. They can also view personal records, including medical records and police reports.
If you are under investigation following a complaint, Board investigators will contact you when they find evidence of a practice or conduct problem. This allows you to present your side of the story, clear up any misunderstandings, or get ahead of the accusations. If this is the first time you are aware of the investigation, contact the Lento Law Firm for assistance and advice regarding your communications with investigators.
Complaint Resolution
After their investigation, investigators will present their findings to the Board. There are three potential outcomes of your complaint process, and you should always work with experienced attorneys to help attain the best outcome that limits the sanctions on your license. A complaint can end in one of three ways:
- Dismissal: If the Board determines that there is no violation of the Nurse Practice Act or Board regulations, they will dismiss the case. They may still issue a warning or letter of concern, but this is not classified as disciplinary action and will not appear on your public license record.
- Stipulated Agreement: At any time, you and your attorneys can negotiate with the Board to reach an early agreement that ends the complaint process. In this scenario, you must sign a document and formally acknowledge the facts of the case, your violations, and the specific disciplinary action on your license. Most complaints end in a stipulated agreement, as it is the quickest and simplest resolution. While it may not be an acquittal, it can provide fantastic terms to avoid harsh punishment or license restrictions.
- Notice: A notice is a public document sent to a nurse practitioner if a stipulated agreement cannot be reached. It informs the nurse practitioner of their violations and the sanctions they may face. After a notice, the accused can request a hearing regarding the notice's determination.
Contested Hearing
A contested hearing is only reached when you fail to come to an agreement with the Board and respond to their notice after the fact. During a contested hearing, you can present evidence that investigators may have overlooked or argue for a different interpretation of the facts. Contested hearings are similar to standard court trials, and nurse practitioners should not try to defend themselves without working alongside experienced attorneys. The Professional License Defense Team at the Lento Law Firm can help if you want to escalate your case to a contested hearing, even if you haven't had representation until now.
Appeals
If the Board of Nursing still sanctions your license after a contested hearing, you have limited options to appeal. To appeal a Board's decision, you must promptly appeal to the Oregon Court of Appeals. If you are still without the resolution you want, your last option is the Oregon Supreme Court.
It is doubtful that your complaint process will end up before the Oregon Supreme Court, especially if you obtain legal representation early in the process. It may be counterintuitive, but attorneys provide most of their assistance before hearings and appeals. As most complaint processes end up as stipulated agreements, the primary goal of attorneys will be to secure the best possible terms during these negotiations.
The Lento Law Firm has extensive experience negotiating with licensing boards while focusing on the needs of nurse practitioners who understandably want to avoid license sanctions. While our Professional License Defense Team can help during later appeals and hearings, reach out as soon as you learn of a pending investigation to minimize the harm to your license and professional career.
The Lento Law Firm Can Help Nurse Practitioners Across Oregon Facing License Risks
There is no way to know when someone will file a complaint against you. Investigations can be stressful, and investigators may take a long time to clear you of bogus complaints. The only thing you can do to maximize your chance of success is to quickly obtain legal representation and fight back against false or malicious complaints as they arise. The Lento Law Firm has represented nurse practitioners all across the state employed by some of the largest healthcare providers, including:
- OHSU Hospital – Portland
- Salem Hospital - Salem
- Asante Rogue Regional Medical Center – Medford
- PeaceHealth Sacred Heart Medical Center RiverBend – Springfield
- Legacy Emanuel Medical Center – Portland
- Providence St. Vincent Medical Center – West Haven-Sylvan
- Good Samaritan Regional Medical Center – Corvallis
- Bay Area Hospital – Coos Bay
- St. Charles Medical Center – Bend
- McKenzie-Willamette Medical Center – Springfield
Our Professional License Defense Team understands how the Oregon Board of Nursing addresses violations and can present a defense that helps you continue working as a nurse practitioner with minimal interruptions. No matter where you work and who initially levied a complaint, the Lento Law Firm is here to help.
Call the Lento Law Firm's Professional License Defense Team Today To Protect Your Nurse Practitioner License in Oregon
Dealing with misconduct accusations can be extremely stressful, negatively impacting your job performance and jeopardizing your future career in Oregon. Misunderstandings or unfounded allegations should not undermine your years of hard work and dedication. The Lento Law Firm has a proven track record of defending nurse practitioners and promoting their interests when licensing Boards threaten to sanction professionals like yourself.
Our Professional License Defense Team can provide the robust representation you need to protect your license and career during this troubling time. Contact the Lento Law Firm today at 888-535-3686 or fill out an online consultation form to discuss your case and begin building your defense.
