Many nurses are licensed to practice in more than one state. Whether it's because they live in one state but have a permanent nursing position in another state, or work as a travel nurse in another state, or provide telehealth care to patients located in a different state, it is not unusual for a nurse to be able to practice in multiple states. Thanks to the Nurse Licensure Compact (NLC), it is easier than ever for a nurse licensed in one compact state to secure a multistate license that will allow them to practice in one or more states that are also members of the NLC.

Working in another state also means you can be subject to discipline in that state. Any discipline you face in another state may or may not have an effect on your home state nursing license. As an Iowa nurse recently learned, state boards of nursing may arrive at different results when presented with similar allegations about a nurse's misconduct. If you are facing nursing misconduct allegations in any state, contact the Lento Law Firm's Professional License Defense Team for help. We can be reached at 888.535.3686 or by filling out our contact form. We'll schedule a confidential consultation to discuss your case and tell you how we can help.

Nebraska Revokes a Nurse's License

In a recent case, a nurse whose home state is Iowa had their license revoked by Nebraska's Department of Health and Human Services. The nurse was accused of numerous infractions related to the diversion, administration, and recordation of controlled substances. The nurse denied taking controlled substances for her own use; conceded that she may have administered some medications in a way that violated her employer's policies; and gave no explanation for the claims that she improperly recorded their administration of controlled substances in a number of cases.

The nurse did not appear at her disciplinary hearing. This, of course, did not stop the Department of Health and Human Services from putting on its case. The hearing officer found that the nurse's actions “are serious and constitute a significant risk to public safety.” The hearing officer further recommended that the nurse's license be revoked; this recommendation was accepted by the Division of Public Health of Nebraska's Department of Health and Human Services.

The Iowa Nursing Board Takes a Different Approach

In Iowa, the same nurse was accused of similar misconduct, including misappropriating medications, failing to properly secure medications, and failing to “properly document or perform medication wastage.” This matter was settled, with an agreement that the nurse would be placed on probation for 24 months and would follow up with a case manager monthly and take other steps as required by the settlement document and the case manager.

The agreement allows the nurse to work as a licensed nurse in Iowa, though it does impose restrictions on her and requires the consent and cooperation of any employer (at the time of the settlement, the nurse was not employed).

The Difference Between the Two Disciplinary Cases

While Nebraska disciplined the nurse for different incidents of misconduct than what Iowa disciplined the nurse for, they were similar in nature. So why was Nebraska's penalty – license revocation – so much more severe than Iowa's probation?

One factor may have been the fact that the nurse was clearly in contact with Iowa's Nursing Board about the allegations against her in that state, but appears to have failed to engage with the Nebraska authorities about the alleged misconduct there. (While she appeared for an interview, she did not appear at her disciplinary hearing.)

This highlights the importance of working with an experienced attorney if you have been accused of misconduct. When a nursing board fails to hear from a nurse who has been accused of misconduct, or the nurse stops responding to the board's notices, it is much more likely that the board is going to take the worst-case view of the accusations made against the nurse. That generally means the license will be revoked.

When, on the other hand, the nurse stays in contact with the board, or has their attorney do so, the options for resolving the matter are generally greater. At the Lento Law Firm, our Professional License Defense Team understands how important negotiation can be when it comes to resolving disciplinary matters in a way that protects the nurse's ability to practice nursing.

The Lento Law Firm Will Fight to Protect Your License

If you have been accused of misconduct in any state in which you hold a nursing license, contact the Lento Law Firm's Professional License Defense Team for help. Our experienced attorneys understand the laws, rules, regulations, and procedures that apply in nursing misconduct cases, and we will protect your rights and defend your license from the start of the investigation against you through the completion of the disciplinary process.

Most importantly, if you're accused of misconduct by any state's board of nursing, don't ignore it! The Lento Law Firm's Professional License Defense Team is here to help you protect your nursing license. The sooner you reach out to us, the more quickly we can get to work reviewing your case and helping you resolve it. Call us today at 888.535.3686 or fill out our contact form, and we will get back to you to schedule a confidential consultation. Tell us about your case, and let us explain the ways we can help.