Vermont is proud that its healthcare system quality ranks fifth overall among the nation's states. One reason for that is the rigorous process that licensed practical and vocational nurses must undergo—as well as the strict and thorough process of addressing violations. You might be experiencing that yourself, faced with the possibility of revocation, suspension, or other forms of discipline.
Though challenging, practical and vocational nursing are rich, rewarding careers in Vermont. If you're passionate about it but unsure about the future of your license, call the Lento Law Firm at 888.535.3686 or fill out this contact form and set up a consultation.
Legal Authorities Over Professional LPN and LVNs in Vermont
Whenever an issue arises with your license, you must communicate with the government entity in charge of it. Understanding this entity is paramount to resolving the problem efficiently and as much in your favor as possible.
In this state, the entity in question is the Vermont State Board of Nursing. Overseen by the state's Office of Professional Regulation, the board follows a certain step-by-step process whenever they receive a complaint.
Notification
Unless there's a reason an investigation must be secret, the board will always notify the subject they are looking into a complaint filed against them. Once you know the details of the complaint, you can begin readying to defend yourself against allegations of misconduct or violations of regulations. The more warning you have, the better you can prepare.
Investigation and Adjudication Hearing
Upon informing you of the complaint, the board will start a formal investigation, which will lead to an adjudication hearing. They usually consist of the following:
Organizing Evidence
The board will obtain all available evidence that would help them understand and analyze the complaint. They may ask you and other people involved to hand over any relevant videos, recordings, emails, letters, contracts, and other documentation. If necessary, the board may ask subject matter experts to interpret or offer insight into some of the evidence.
Make sure to ask a lawyer from the Lento Law Firm Professional License Defense Team to help you figure out what would be most useful in defending your license.
Gathering Statements
If there were other people present for or involved in the alleged misconduct, the board may ask them for statements describing their version of events. As the respondent, you will provide your own statement, and so will the complainant.
Conducting Interviews
Even people who weren't there for the misconduct might know you well enough to speak credibly about your personality and character. The board may interview those people to assess the likelihood of the alleged misconduct or consider its context, which could affect the verdict.
Review
Once they have all the information they need, the board will hold an adjudication hearing. It will include all the aforementioned elements in addition to interpretations of applicable laws and analyses of the circumstances or contexts surrounding your violations or misconduct. This is another reason why it's so important to have a lawyer from the Lento Law Firm Professional License Defense Team on your side.
What Happens If You're Found Guilty?
Ideally, the Vermont State Board of Nursing will eventually dismiss your case. However, if they decide that you are guilty of misconduct or violating regulations, they will take one of these disciplinary measures against you:
Written Warning
Arguably, the simplest way to resolve a violation is a written warning, which lets you know about the verdict and explains what could happen to your license or employment status if you re-offend. The case stays on your record, but you can keep working as an LPN or LVN.
Fine
Sometimes, nothing deters misconduct like a hit to your wallet. The board can impose a disciplinary fine of up to $5,000. Refusing to pay it could affect your standing or employment status.
Remedial Education
Perhaps the reason behind your misconduct is simply ignorance of the regulation you violated or why it's important. If so, the board may demand that you complete remedial education courses. Every LPN and LVN must satisfy continuing education requirements to retain their licenses, but you would have to do extra, targeted classes.
Supervision
Depending on your understanding of the violation you committed, the severity of the offense, or your odds of reoffending, the board may assign a supervisor to you for a period of time. They would monitor your work, provide corrections as necessary, and report your progress. Your supervisor's assessment could determine whether the board will take additional action against you.
Suspension
Egregious misconduct or violations may call for license suspension. The board would choose a period in which you would be legally unable to work as an LPN or LVN. During that time, you would have to meet certain conditions or requirements, proving that you are willing and able to meet expectations if you return to work. Otherwise, the suspension may continue, or your license could be revoked entirely.
Revocation
The most serious or repetitive offenders may warrant the most severe disciplinary measure—revocation. You would no longer be allowed to practice as an LVN or LPN in any capacity.
In some cases, the board may still issue a license to practice only in Vermont but not in other states. Since most PN and VN licenses are valid in multiple states, this could be a blow if you ever need or want to move.
Alternative Program
Some LPNs and LVNs suffer from substance abuse disorders, which may contribute significantly to their unprofessional conduct. If that describes you, consider asking the Vermont State Board of Nursing to put you in an Alternative Program.
Basically, you would receive support in overcoming your disorder without any adverse action against your license. You must simply request the program and agree to its stipulations, including a comprehensive assessment and possibly treatment or coursework. While in the program, you may be subject to supervision at work, and the board may restrict both your authority and scope of duties.
Filing an Appeal
Every disciplinary measure, from written warnings to license revocations, is likely to go on your public record. Patients and employers alike can look them up and may use them as lenses through which to interpret your competence and character. This could affect your entire career as an LPN or LVN in Vermont.
That's why you should know that you can file an appeal within 30 days of the adjudication. Upon reaching a decision about your guilt, the Vermont State Board of Nursing must notify you and give you a chance to dispute the results through a new hearing.
If you can prove that the adjudication was unjust or based upon inaccurate or incomplete information, you may get a new ruling that is more in your favor. The Lento Law Firm's Professional License Defense Team can guide you through the process.
Grounds for Sanctions Against LPNs and LVNs in Vermont
There are several reasons why the Vermont State Board of Nursing may discipline or adjudicate LPNS and LVNs. Whether you're already aware of a complaint filed against you or would like to know what could get you into trouble so that you can avoid it, you'll benefit from understanding the grounds for sanctions in Vermont.
Committing or Aiding Fraud
Don't overstate your qualifications or allow any misconceptions. If you've lied about obtaining a license for practical or vocational nursing, you could face sanctions. The same is true if you let anyone else—especially a patient—believe that you can perform the same duties as a registered nurse or similar trained professional.
Also, remember that you have a responsibility to alert the Vermont State Board of Nursing if you discover something else committing fraud or practicing illegally. Whether you simply stay silent or become directly involved in the other person's deceit, you'll be considered complicit and eligible for discipline.
Mental, Emotional, or Physical Abuse
Your patients should be able to trust you with all aspects of their health. The entire job of an LVN and LPN revolves around this trust. Taking advantage of a patient's vulnerability to abuse them physically, verbally, or psychologically is sure to get you in trouble with the Vermont State Board of Nursing.
Negligence or Gross Incompetence
Even if you're not outright hurting your patients, you want to warrant discipline simply by continuously delivering a subpar performance. A few examples include poor recordkeeping, failing to meet a patient's reasonable needs, ignoring assigned duties, and leaving your shift without reporting to nursing personnel.
Unauthorized Use of Supplies
Prescription medicines, equipment, and other supplies are only meant for patients or facility upkeep. You may not steal or use them for yourself. Breaking this regulation may paint you as untrustworthy and uncaring of your patient's needs, which could impact your license.
Sexual Relations
There may be times when you feel tempted to engage in a sexual relationship with a patient. Such relationships can complicate treatments and care plans for the patient and affect the workplace as a whole. You may also be accused of taking advantage of a vulnerable person, even if the relationship seems consensual. Sanctions are nearly inevitable if you ignore this rule.
Lack of Protection
Medical problems are personal, as is any information that distinguishes or defines a person's identity. You're responsible for helping to safeguard their sensitive information and maintaining their confidentiality. Whether you willfully misuse or carelessly reveal their information, breaking their trust will likely earn you sanctions.
Also, although it's important to avoid overstepping your authority, remember that you have a duty to protect your patient from medical malpractice or anyone else who would violate the regulations listed here. If you believe that your patient is in harmed way due to the actions of other medical professionals, do everything in your power to remove them from the situation and/or report the problem to your superiors or the Vermont State Board of Nursing.
Why You Should Hire the Lento Law Firm to Defend You
Don't underestimate the importance of having the Lento Law Firm in your corner when you need to defend yourself to the Vermont State Board of Nursing. Whether you're guilty or innocent of the allegations made against you, the Lento Law Firm Professional License Defense Team is an instrumental tool for your success. Consider these reasons to consult them now.
Reputation for Excellence
The Lento Law Firm is nationally recognized for its knowledge and experience in professional license law. They can help you navigate and understand each step of the defense process, from gathering evidence to reviewing the information to advocating your position in the adjudication hearing.
Smoother Process
Because they can handle the intricacies of the legal proceedings and strategize your defense, the Lento Law Firm makes the whole process as painless as possible. With their assistance, you can focus more of your energy on your responsibilities, personal life, and mental health. That's essential for your well-being and preparation for court.
Sets Up Future Success
Working with the Lento Law Firm Professional License Defense Team not only raises the odds of a positive outcome for your case but it establishes a professional relationship that could benefit you for years to come. They can protect and advocate for you anytime you need help with your license, ensuring a long and rewarding career.
Fight to Keep Your License!
Everyone makes mistakes, but if you're passionate about working as an LPN or LVN, you deserve the chance to keep your license and prove yourself as an asset to the field. Not only should you never give up on your license, but you should let the Lento Law Firm do the heavy lifting in your fight so that you can win. Call the Lento Law Firm's Professional License Defense Team at 888.535.3686 or fill out a contact form to schedule a consultation.
