Agency nurses play a critical role in today's healthcare settings. After years of education and training, agency nurses obtain professional nursing licenses and are entrusted with the responsibility of upholding high standards and ethics. And when those standards and ethics come into question, it can have a serious professional impact. When an agency nurse faces an allegation of professional misconduct—regardless of the actual merits of the allegation—it can seriously jeopardize their professional license and their career.
If you are an agency nurse in Kansas who is facing an allegation of professional wrongdoing from an individual at the nursing staffing agency that placed you at the facility or from your place of employment itself, the Kansas State Board of Nursing will receive a notification regarding this alleged wrongdoing. And if this happens, your professional nursing license will be at risk. The stakes are high, and the defense of your professional license must be vigorous. The Professional License Defense Team at the Lento Law Firm has extensive experience representing agency and travel nurses in Kansas and across the country. We provide all the support and resources to vigorously defend your nursing license and protect your career. If you are facing an accusation of misconduct, reach out to our offices online and tell us about your case, or call the Lento Law Firm today at 888-535-3686.
Kansas Agency Nurses Play An Important Role In Providing Much-Needed Healthcare To Patients
Agency nurses provide the same level of care as full time nurses but they work on a contractual basis for home health agencies and various medical organizations. Agency nurses operate on a temporary, as-needed basis, as opposed to having permanent employment by a specific hospital, healthcare facility, or medical clinic. Healthcare facilities across the country turn to agency nurses to fill the gaps in the healthcare services they need to provide to patients. Kansas agency nurses are bound by the same laws and regulations as other nurses with professional licenses.
Kansas Agency Nurses And The Role Of The Interstate Nurse Licensure Compact (NLC)
Prior to the introduction of the Nurse Licensure Compact (NLC), nurses were required to be licensed by the state or jurisdiction in which they practiced. The NLC was created by the National Council of State Boards of Nursing in 1999, and it allows registered nurses (RNs) and licensed practical/vocational nurses (LPN/VNs) to practice in other Compact states without having to obtain an additional nursing license for that state. Compact states are those that have collectively agreed to enable their nurses to acquire a multi-state license known as a compact license. Each of these states has enacted legislation through its respective government to endorse this arrangement.
Kansas is a Nurse Licensure Compact state, meaning that nurses who are licensed by another Compact state are not required to apply for licensure in Kansas in order to practice as a Registered Nurse in Kansas. They only need to apply if they intend to make Kansas their primary state of residency.
The NLC requires that Registered Nurses abide by the nursing practice laws of the state where the patient is located. The RN's home state ultimately holds responsibility for any disciplinary actions that are taken against the nurse's license, but the state in which the nurse is practicing has the ability to revoke the nurse's privilege to practice in that state.
The NLC also requires state nursing boards to participate in a national database, Coordinated Licensure Information System (CLIS), or Nurses License Verification database. Participation in national databases enables states to share information for the purpose of verifying nurse licensure, disciplinary actions, and practice privileges.
Nursys Database Is A Centralized Portal For Kansas Agency Nurses Licenses And Disciplinary Actions
The National Council of State Boards of Nursing manages the Nursys Database, where state nursing boards contribute information about their registered nurses, including licensure status and disciplinary actions. This is the only national database that is used to verify nurse licensure, discipline, and practice privileges for Registered Nurses and Licensed Vocational Nurses who are licensed in participating boards of nursing. This includes all those licensed in Kansas as well as those licensed in states in the Nurse Licensure Compact (NLC).
This centralized database is designed to enhance the efficiency and consistency of nursing oversight, which can provide significant advantages. This also means that anyone who works in the medical field has the ability to access Nursys data to obtain details regarding an agency nurse, including their current licensure status as well as that agency nurse's disciplinary history. A nursing staffing agency can access data in the Nursys Database to determine whether to hire an agency nurse for a job, and the Kansas Board of Nursing can review this data when an agency nurse applies for a professional nursing license renewal.
When a Kansas agency nurse is accused of professional misconduct, any sanctions brought against the agency nurse will be included in this database. Because Kansas is a Compact state, the information can be accessed and shared by any medical professional across state lines, potentially jeopardizing the agency nurse's ability to find employment in any other Compact state.
Kansas State Board of Nursing
The Kansas State Board of Nursing (KSBN) serves as the regulatory body responsible for licensing Registered Nurses, Licensed Practical Nurses, and Licensed Mental Health Technicians. The primary objective of the KSBN is to safeguard the well-being of Kansas residents.Through the regulatory process and licensing procedures, the KSBN ensures that agency nurses and licensed mental health technicians have met the minimum standards of competence, which are established through testing.
Kansas Nurse Practice Act
The Kansas Nurse Practice Act outlines the statutes and regulations for the scope of practice and specifies what conduct is considered unacceptable. Some conduct will lead to an investigation by the KSBN Board, which has the legal authority to collect information pertaining to the alleged misconduct. If the KSBN receives a sworn complaint, the Board is required to conduct an investigation. The identity of the person or entity that filed the complaint will not be revealed. The investigative team will collect information from various sources, including medical records, personnel files, agency records, and disciplinary records from other states. The investigative team will conduct interviews with witnesses, including the licensee under investigation, and collect statements. Licensees will have the opportunity to provide evidence and statements for consideration during the investigation. Investigators collect all relevant information, both positive and negative, and organize, review, and summarize it.
If the KSBN believes that an agency nurse has violated the Kansas Nurse Practice Act, the KSBN may take administrative action against the agency nurse's license, including the following:
- Declining a nursing license
- Revoking a nursing license
- Suspending a nursing license
- Limiting a nursing license
- Publicly or privately censuring a nursing license
- Levying fines against a nursing license
Timeline For Completing A Kansas State Board Of Nursing Violation Allegation Investigation
In Kansas, the investigative process for an allegation of a nursing violation is completed within a period of six to nine months. However, certain factors can extend this timeline. For instance, delays may occur due to receiving reports after the incident, the inability to locate witnesses or clients who have since moved, dealing with uncooperative witnesses or licensees, and slow responses to record requests or subpoenas by agencies or other states. During this time, the agency nurse's career hangs in the balance. It is important to become involved in the process as early as possible and throughout the investigative process before the Kansas State Board of Nurses reaches a final decision regarding your nursing license.
Next Steps After a Kansas Board Of Nursing Investigation Is Complete
After the investigation of the alleged violation is complete, the Investigative Committee, consisting of three Board Members, will conduct a comprehensive review of all the summaries and case files. The Committee convenes at each of the four annual Kansas Board of Nursing board meetings and sometimes gathers between meetings to deliberate.
The Committee will determine the course of action for each file, which may include, but not be limited to, any of the following:
- Inactivation of the license
- Calling for a hearing or summary denial, which leads to formal disciplinary measures
- Inactivation due to education actions
- Non-disciplinary probation agreements
- Agreements to complete specific Continuing Nursing Education (CNE) courses
- Referrals to the impaired provider program
Following the Committee's decision, licensees are informed in writing of the Board's request or action. It is important to note that while not all actions result in formal discipline, it is still in your best interests to become involved in the investigative process early on for the best possible outcome in your case.
Kansas Agency Nurses' Rights Under The Kansas Administrative Procedure Act
The Kansas State Board of Nursing is required to provide all individuals who are granted nursing licenses in Kansas with certain constitutional protections. Any disciplinary actions that come before the Kansas State Board of Nursing are subject to the Kansas Administrative Procedure Act, which is a set of statutes that specify the procedures that must be followed regarding disciplinary measures. The Kansas Administrative Procedure Act provides for due process, including reasonable notice, a fair and impartial hearing, the right to legal representation, the right to present evidence, and the right to question witnesses.
Grounds for Disciplinary Action Against Kansas Agency Nurses
The Kansas State Board of Nursing has the authority to deny, revoke, limit, or suspend any license or authorization to practice nursing that has been issued by the Board or applied for to the Board, including as a registered professional nurse, a licensed practical nurse, an advanced practice registered nurse, or a registered nurse anesthetist. Additionally, the Board may require a licensee to complete a specific number of additional hours of continuing education beyond any existing requirements. The Board may also publicly or privately censure a licensee, or a holder of a temporary permit or authorization if, after a hearing, the applicant, licensee, or holder of a temporary permit or authorization:
- Engaged in fraudulent or deceptive practices while practicing nursing or while seeking to obtain a nursing license
- Committed a felony or a misdemeanor involving an illegal drug offense
- Has been convicted, found guilty, or has agreed to a disposition for a misdemeanor offense related to the practice of nursing
- Committed an act of professional incompetence
- Took actions that fell below the standard of care, including patient neglect, forms of abuse, and inappropriately dispensing prescription medications
- Is unable to practice nursing with the required level of skill and safety due to current abuse of drugs or alcohol
- To be a person who has been legally determined to require a guardian, a conservator, or both under the law
- Engaged in unprofessional conduct
- Willfully and repeatedly committed violations of the Kansas Nurse Practice Act or any of the related rules, regulations, and amendments
- Has had a license to practice nursing denied, revoked, limited, or suspended by a licensing authority in another state, an agency of the United States government, territory, or country
- Has had disciplinary action taken against them by a licensing authority of another state, an agency of the United States government, a United States territory, or another country
The Adjudication Process for Agency Nurses in Kansas
In Kansas, the adjudication process can begin in one of two ways. First, an applicant may receive a "Summary Order," which is a document that outlines the facts and legal reasons for taking action on a license. If the licensee disagrees, they can request a hearing. Second, a licensee may be served with a petition that outlines the facts and the law and requests action on the license.
Following a request for a hearing by the licensee or a petition filed by the Attorney General, a notice of hearing is issued, setting a date and time for the licensee to appear and defend themselves. The notice provides instructions on requesting additional time if the licensee cannot appear on the set date. It also warns that a failure to appear or contact the Kansas State Board of Nurses may result in the matter proceeding, potentially leading to a judgment affecting the agency nurse's license. Documents and statements may be requested by either the licensee or the Board's attorney, and these are exchanged through the legal process of discovery.
During this disciplinary process, the licensee may appear before the entire Board, a panel of Board members, or the Board's appointed hearing officer, and they may represent themselves or be represented by legal counsel. Each party may introduce exhibits, may require that witnesses appear and testify, and may cross-examine witnesses that are presented by the other side. The panel or the hearing officer also has the right to ask questions. Evidence that is introduced must be relevant to the claim and may be either written or oral; hearsay is also permitted as evidence and is to be given the appropriate weight when it is considered.
When the question raised concerns an agency nurse's fitness to practice nursing, there are several factors that may be considered by the Board, including—but not limited to—the following:
- Assessment of the risk to public health, safety, and welfare
- Evaluation of the licensee's current moral fitness
- Consideration of acknowledgment of wrongdoing and its impact on the profession
- Review of rehabilitation efforts
- Examination of the nature and severity of the misconduct
- Evaluation of the licensee's current behavior
- Review of the time elapsed since prior disciplinary action or criminal activity
- Assessment of the licensee's character, maturity, and experience
- Evaluation of the licensee's current competence and skill level
Following the hearing, the hearing officer or panel will review the evidence and make a decision. A written order containing findings of fact, conclusions of law, and any sanctions imposed will be provided to the parties. The costs of the proceeding may be charged to the applicant or licensee. The written order will indicate when it takes effect and inform both parties of their right to appeal the decision.
Possible Penalties For Kansas State Nursing Board Of Nursing Violations
If the Kansas State Nursing Board of Nursing determines that an agency nurse committed a violation, the penalties they may impose vary widely and may include—but not be limited to—any of the following:
- Public admonishments
- Supervision
- Revocation of nursing license
- Mandatory supervision
- Limitations on nursing duties
- License suspension with probation
- Imposition of administrative fines
Steps To Appeal A Decision Of the Kansas State Board Of Nursing
Both parties in the adjudication process have the right to request a review of a decision by the Kansas State Board of Nursing. If the Board upholds the decision, declines to review it, or issues a decision unsatisfactory to either party, either party may then appeal to the District Court. Such appeals are governed by the Kansas Judicial Review Act (KJRA).
In District Court, appeals regarding the Kansas State Board of Nursing are not retried. The Kansas Judicial Review Act outlines the District Court's review process, where the court assesses the grounds for appeal stated by the party and determines if the Kansas State Board of Nursing's decision is supported by substantial evidence. Following the District Court's decision, either party, if dissatisfied, may appeal once more to the Court of Appeals or the Supreme Court of the State.
Process For Reinstatement Of An Agency Nursing License In Kansas
In Kansas, if an agency nurse's license has been suspended or revoked by the Kansas State Board of Nursing, they may apply to have the license reinstated after a period of three years from the date that the license was revoked. It is important to understand the specific reasons that the nursing license was suspended or revoked, as this will help to address any underlying issues and prepare for reinstatement.
In submitting the application for license reinstatement by the Kansas State Board of Nursing, the applicant must demonstrate by clear and convincing evidence sufficient rehabilitation to justify reinstatement of the nursing license. This may include fulfillment of required continuing education hours and recommendation letters. The Board will review the application for reinstatement and assess the applicant's eligibility for reinstatement based on the information included in the application and the supporting documents.
If the Kansas State Board of Nursing determines that a nursing license should not be reinstated, the agency nurse who submitted the application will not be eligible to reapply for
reinstatement of the nursing license for a period of three years from the time the reinstatement application was denied. All procedures regarding an application for reinstatement must adhere to the guidelines outlined in the Kansas Administrative Procedure Act and are subject to review under the Kansas Judicial Review Act.
Kansas Agency Nurses Who Face Disciplinary Measures Can Lose Their Professional Licenses
Kansas agency nurses work hard to achieve the level of training and accreditation required to receive a professional license. And all of that hard work and dedication can come into jeopardy when you face an accusation of professional misconduct or wrongdoing. The investigation into the allegations takes months. There are Board hearings and appeals, during which time you are unable to do the work that you have dedicated your professional career to, both in Kansas and in other states. Rather than crossing your fingers that your license will not be revoked or suspended and hoping that you succeed in applying to have your professional license reinstated, take action at the outset. Actively participate in the investigative process and have an experienced professional license defense attorney by your side every step of the way.
The Lento Law Firm Professional License Defense Team has years of experience defending the professional licenses of agency nurses in Kansas and across the country. With a firm dedication to protecting your rights, in-depth knowledge, and aggressive defense of the allegations brought against you, the Lento Law Firm works tirelessly to protect your professional license. Complete this online form to tell us about your case, or call us today at 888-535-3686.
