As a licensed practical nurse (LPN), you will appreciate just how crucial your professional license is. But when a misconduct accusation puts your license at risk, your whole career is at stake. As state nursing boards are responsible for protecting public health, they will not hesitate for a moment to discipline any nurse suspected of breaching the high standards of care they are expected to abide by – and this could mean losing your license for good.
Your license is too valuable to give up without a fight. You deserve every opportunity to protect and preserve the career you've worked so hard for. If your LPN license is in jeopardy, look no further than the LLF Law Firm. Call now at 888.535.3686 or leave us a message online to discuss your case. Once we represent you, then you can be assured you are doing everything possible to protect your LPN license.
Pennsylvania State Board of Nursing
The Pennsylvania State Board of Nursing is responsible for overseeing all licensing matters for any nurse in the state, including LPNs. The Board ensures that all nurses follow the responsibilities and obligations placed upon them by the PA Civil Code, and they will not hesitate to discipline nurses whom they believe may have fallen short of the standards expected of them.
The Board is not your ally. Their duty is to protect public health, and there's always a risk that they will decide to suspend or revoke your LPN license – whatever the allegations against you. It's crucial to note at this stage that you are entitled, under PA law, to legal representation at any hearing before the PA Nursing Board. When you call us to discuss representation, we will explain what specific options you have and how to enforce your legal rights at every stage of the process.
Common Causes of LPN License Issues in PA
There's no shortage of reasons why an individual may complain about an LPN in Pennsylvania. However, the Board does not have the jurisdiction to investigate every possible grievance, especially those which are obviously superfluous.
LPNs are held to a certain standard of conduct. Specifically, the Board has the authority to investigate allegations which suggest that an LPN acted below this standard. Examples of allegations that the Board may investigate include:
- Performing duties beyond the scope of those permitted by an LPN license
- Compromising nurse-patient boundaries
- Breaching confidentiality, i.e., HIPAA violations
- Substance abuse, chemical dependencies, or addiction
- Medication mishandling
- Falsifying records
- Neglecting a patient under the LPN's care
- Discriminating based on age, gender, or any other characteristic
- Unprofessional or inappropriate behavior (this is poorly defined, so can include a wide range of conduct)
- Criminal convictions
Process for Initiating a Complaint Against an LPN in Pennsylvania
Anyone who feels aggrieved or concerned by an LPN's actions in PA can submit a complaint online through the Board's portal. Unless a complaint is truly unsubstantiated, with no supporting evidence, the Board will, most likely, undertake at least some initial investigations into your alleged misconduct. And even at this earliest stage, you could face damage to your professional reputation – something which our Professional License Defense Team, when you hire us, will do everything possible to avoid.
Should the Board deem further investigations necessary, you will be notified of the complaint against you and the disciplinary process begins.
The Disciplinary Process
The license investigation process can be complicated. However, the basic steps are as follows:
- Receipt of initial complaint
- Preliminary investigations
- Referral for further action – dismissal, consent agreement, or formal hearing
- Conclusion of the case (with the possible right to appeal)
Let us consider each one in turn.
Preliminary Investigations
The Professional Compliance Office reviews every complaint received. They will pass any complaints with merit to the Department of State's Bureau of Professional and Occupational Affairs (BPOA). The BPOA will consider the allegations and evidence submitted. The Prosecution Division, alongside the Bureau of Enforcement and Investigation (BEI), perform their own preliminary investigations, including interviewing witnesses, reviewing records, and examining the facts.
Dismissal of the Case
The best outcome is, of course, dismissal of the accusations against you. If the BEI cannot find compelling evidence to merit further investigation, or if the evidence proves your innocence, the complaint will go no further. The LLF Law Firm will, where possible, endeavor to have the complaint dismissed at the earliest stage before it can impact your career or professional reputation in a meaningful way.
Should the BEI determine that misconduct may have occurred, they will either recommend negotiating a settlement between you and the Board or they will recommend moving to a formal hearing. When we represent you, we will explain what the BEI's recommendation means as it relates to your case.
Consent Agreement
A consent agreement means that you accept all or part of the accusations against you and that you're prepared to admit to such accusations in exchange for a reduced penalty. However, bear in mind that you are admitting fault, and this could have significant consequences for your career. There's also a risk that, despite you admitting to some or all of the accusations and showing a willingness to take responsibility for what happened, the Board will impose unfair penalties.
When we negotiate consent agreements for professionals facing licensing complaints, we do so with their best interests in mind. We will not recommend that you sign any agreement that does not reflect what's best for you – instead, we may suggest moving to a formal hearing.
Formal Hearing
A hearing takes place if there's no consent agreement signed, or if the Board believes that an administrative hearing is more appropriate than signing a less formal agreement. This may be the case if, for example, the allegations are especially severe, or if license revocation is under serious consideration.
These hearings are formal in nature and take place before Board appointees. The LLF Law Firm will challenge the Board's evidence against you, submit evidence to support your position and fight for the fairest outcome. It is our goal to help you retain your license and move forward – we will champion your rights and be your biggest advocates.
Consequences of License Investigations Against LPNs in PA
The PA State Board of Nursing has wide discretion to impose a range of sanctions on LPNs, depending on the nature of the accusations. The possible outcomes of an investigation include:
- Fines and public reprimands
- Mandatory further education
- Probation for a period
- Working under supervision
- License suspension for a set period
- License revocation
Disciplinary action forms part of your permanent disciplinary record. It's also public record, meaning it's accessible to anyone who performs a search against your name. As a Nurse Compact State, PA shares nursing information with other states that are part of the program. This means that not only could you lose the right to practice in PA, but you could also lose the right to practice in multiple states. Such severe consequences are just part of the reason why we will fight so scrupulously to defend your professional license.
If your license is revoked, it may be possible to reapply for a LPN license in the future. However, there is no guarantee that you will be granted a new license – or that you will even have the right to reapply. That's why you must take every opportunity to fight for your license before it is revoked or suspended.
Appealing License Suspension or Revocation
If your LPN license is suspended or revoked in PA, you may have the right to appeal the Board's decision. Appeals are not another opportunity to go over the same evidence again, however. There must be legal grounds for appealing a decision and seeking a review.
To be successful, you must be able to show at least one of the following:
- There's no substantial evidence to support the BPOA's decision.
- The BPOA erred in law when they issued their decision.
- The BPOA violated your constitutional rights, or procedural rights, in some way.
The court will either affirm the BPOA's decision or reverse the decision and apply its own judgment. To ensure the best chance of a successful outcome, retain our Professional License Defense Team.
Why You Need an Attorney to Help You Defend Your LPN License
You may be hesitant to hire an attorney to assist with your licensing issues. This is understandable – retaining an attorney can seem intimidating. And as a professional in a demanding, intellectually challenging role, you may believe you can handle the matter alone. However, you must appreciate how important it is to have effective legal advice before answering any complaints against you, signing a consent agreement, or attending a disciplinary hearing.
- Unlike in a criminal case, there's no presumption of innocence in your favor. So, not only is the Board duty-bound to investigate complaints against you, but they will not hesitate to suspend or revoke your license. You need your own representative who will pursue your interests with the same diligence and vigor.
- The Board has its own attorneys to consult on all legal matters. You are at an immediate disadvantage if you do not have your own experienced counsel on your side.
- Professional license investigations are stressful and challenging to navigate. One mistake, however minor, could jeopardize your case. With an attorney on your side, you can navigate the process with confidence, assured that you are doing everything possible to protect your license.
License investigations against LPNs can escalate quickly. Call the LLF Law Firm now to explore your options for defending a professional complaint.
How the LLF Law Firm Can Help
If you've never hired an attorney for license investigations before, you may be unsure what to expect from your lawyer. So, to help, here's what you can expect when you retain the LLF Law Firm's services:
- A full and comprehensive case evaluation followed by a clear explanation of your rights. We will discuss the strengths and possible weaknesses of your case and devise a strategy for ensuring the best possible chance of success.
- Attentive, diligent attorneys who will explore every option for protecting your license. This could mean seeking a dismissal of the complaint against you or mitigating the disciplinary action.
- An experienced team familiar with this complex area of law. Our Professional License Defense Team understands the technicalities and nuances in disciplinary proceedings, and we will use them to your advantage where possible.
- Unwavering support when you need it most. We're here to listen to your side of the story and protect your legal rights. But we're also here to guide you through this difficult time in your professional career – you should never feel unsupported by the LLF Law Firm in your corner.
Your LPN license is invaluable. Do not waste time searching elsewhere for an attorney – contact the LLF Law Firm for prompt advice and assistance.
Serving LPNs Across PA
As a premier nationwide law firm, the LLF Law Firm represents all healthcare professionals, including licensed practical nurses, across Pennsylvania. We support nurses in every branch of medicine and at all healthcare facilities, including:
- Jefferson Hospital
- Pennsylvania Hospital
- Lancaster General Hospital
- Geisinger Medical Center
- UPMC
- Temple University Hospital
- Children's Hospital of Philadelphia
No matter where you practice nursing in PA, our Professional License Defense Team can help. Call now to retain our services for any professional license issue.
Retain the LLF Law Firm Professional License Defense Team Now
As a licensed practical nurse, you play a vital role in delivering reliable, safe, and effective healthcare to patients in need across Pennsylvania. Given how important your vocation is, you are entitled to do everything you can to protect your right to practice.
If your license is under threat, it's imperative that you act fast. Complaints can spiral quickly, and without effective legal representation, you are at a significant disadvantage during the complaints and investigations process. At the LLF Law Firm, we won't allow this to happen. We will explain your options, urgently work to protect your legal rights and safeguard your interests. We will negotiate with the State Board of Nursing and represent you at any hearing if required. And if you wish to appeal a decision, we will assist with this matter, too.
You've worked too hard to take any chances with your LPN license. Get the support you need and deserve from our Professional License Defense Team. Call the LLF Law Firm now at 888.535.3686 or leave us a message online to schedule a meeting.
