Losing a professional nursing license may feel devastating. That nursing license, which took years to earn, is a testament to your dedication, skills, and professional standing. Feelings of shock, grief, stress, and uncertainty about the future are common. But the best antidote to anxiety is action, and there are steps you can take to navigate this challenging situation.
The Professional License Defense Team at the Lento Law Firm has extensive experience defending licensed nursing professionals across the United States whose professional licenses are in jeopardy. At the Lento Law Firm, our dedicated team brings the knowledge, skills, support, and resources required to successfully defend professional nursing licenses and protect nurses' financial and professional futures. If your professional nursing license is under attack or has been suspended or revoked, reach out to our offices online and tell us about your case, or call the Lento Law Firm today at 888-535-3686.
Step One: Understand the Reasons For Having Your Professional Nursing License Revoked or Suspended
If your professional nursing license has been revoked or suspended, your first instinct upon hearing this may be to push back and fight out of anger. And that is certainly understandable. However, it is much more empowering and effective to fight back with knowledge of the situation. Taking the time to understand the reasons that your professional nursing license was revoked or suspended is critical to a positive outcome. It is also important that you comply with the terms of your license suspension during this period.
Professional nurses can have their licenses suspended or revoked for a variety of reasons. Some of the more common issues related to a Board of Nursing suspending or revoking a nursing license include professional misconduct, medication prescription errors, committing fraud, providing substandard patient care, and criminal convictions. Each of these issues involves specific actions or behaviors that can jeopardize your professional standing and lead to the loss of your nursing license.
Violation of Nursing Practice Standards
Professional nurses are held to high standards of care and ethical practice. Violations of these standards can occur for a variety of reasons, and they can range from minor infractions to severe breaches of professional conduct. Common violations of nursing practice standards include:
- Providing Substandard Care: This can involve negligence or incompetence in patient care. Examples include a failure to administer medication correctly, not following proper procedures, or providing incorrect treatments. Such actions can endanger patient safety and lead to serious consequences.
- Falsifying Patient Records: Accurate record-keeping is essential in nursing practice. Falsifying patient records, whether intentionally or due to negligence, is a serious offense. This type of behavior may involve altering patient charts, creating false entries, or omitting critical information.
- Medication Errors: Administering the wrong medication, incorrect dosages, or failing to follow medication protocols can have life-threatening implications for patients. These errors can result from a lack of attention to detail, inadequate knowledge, or systemic issues within the healthcare setting.
- Neglecting Patient Needs: Professional nurses are responsible for attending to the holistic needs of their patients, including physical, emotional, and psychological care. Neglecting these needs, whether through inaction or improper care, can result in harm and is considered a severe breach of duty.
Criminal Convictions
Professional nurses are expected to uphold not only the high standards of the nursing profession but also the laws of society. Criminal convictions, particularly those that suggest a threat to public safety, can lead to the loss of a nursing license. Common criminal offenses include:
- Drug-Related Offenses: Convictions for possession, distribution, or use of illegal substances can indicate a lack of judgment and a potential risk to patient safety, particularly if the nurse is involved in patient care.
- DUI/DWI: Driving under the influence of alcohol or drugs is a serious offense that reflects poorly on a nurse's ability to make safe and sound decisions. Repeated offenses or severe incidents can result in having a nursing license suspended or revoked.
- Assault or Other Violent Crimes: Engaging in violent behavior or being convicted of assault can indicate a propensity for harm and a lack of control, which are incompatible with the responsibilities of nursing.
Substance Abuse Issues
The nursing profession is inherently stressful, and unfortunately, some professional nurses may turn to substances to cope. Substance abuse not only impairs a nurse's ability to perform their duties safely but also undermines the trust and confidence placed in them by patients and colleagues. Substance abuse issues include:
- Alcohol Dependency: Dependence on alcohol can lead to impaired judgment, slower reaction times, and a decrease in the quality of patient care. It can also result in unprofessional behavior and absenteeism.
- Drug Addiction: Addiction to prescription or illicit drugs can severely affect a nurse's performance. Drug addiction often involves the misuse of medications, which can lead to medication theft, diversion, and putting patients at risk.
Addressing substance abuse issues typically involves mandatory rehabilitation programs, regular drug testing, and monitoring to ensure that the nurse is fit to return to practice.
Professional Misconduct
Professional misconduct encompasses a wide range of behaviors that violate the ethical and professional standards expected of nurses. These actions can severely damage the nurse-patient relationship and the integrity of the healthcare system. Examples of professional misconduct may include, but not be limited to, any of the following:
- Breach of Patient Confidentiality: Professional nurses are entrusted with sensitive patient information on a daily basis. Unauthorized disclosure of this information, whether intentional or accidental, is a serious violation of patient trust and privacy laws, such as the Health Insurance Portability and Accountability Act (HIPAA).
- Inappropriate Relationships with Patients: Engaging in personal or sexual relationships with patients is strictly prohibited due to the inherent power imbalance and potential for exploitation between a professional nurse and their patients. Such behavior compromises the professional boundaries that must be maintained to provide impartial and ethical care.
- Fraud or Theft: Engaging in fraudulent activities, such as falsifying insurance claims or stealing from patients or the healthcare facility, is not only illegal but also undermines the trustworthiness of the nursing profession.
Understanding the specific reasons for having your nursing license suspended or revoked is the first step in addressing the issue. Carefully reviewing the documentation provided by your state Board of Nursing will help you understand the allegations against you and allow you to effectively prepare an appropriate response. Recognizing and acknowledging the nature of the infraction is essential for developing a strategy to rectify the situation, appeal the Board of Nursing decision, and taking steps toward professional rehabilitation.
Step Two: Assess the Situation
Once you fully understand the reasons that your professional nursing license was suspended or revoked, the next step is to assess the situation.
Review the Official Notification and Documentation: If your nursing license is suspended or revoked, you will receive an official notification from your state Board of Nursing. This document will outline the reasons for the license suspension or revocation and provide important information regarding the appeals process in your state. Take time to review this documentation carefully to understand the specific allegations and the evidence against you, as well as the timeline and steps for an appeal.
Call A Skilled Professional License Defense Attorney: Navigating the legal and regulatory aspects involved in suspending or revoking a professional nursing license is a complicated process. Call a professional license defense attorney who is skilled in nursing license defense. At the Lento Law Firm, our team protects your rights, builds the strongest possible case for an appeal, and effectively represents you during any hearings.
Notify Your Employer: The mere thought of notifying your employer that your professional nursing license has been suspended or revoked can be difficult, and that is understandable. But, if you are currently employed, it is important to notify your employer about the situation in a timely manner. Be open and honest. Discuss temporary employment arrangements, such as performing administrative duties or taking an unpaid leave, while you work on resolving the issue regarding your professional nursing license.
Step Three: Determine The Grounds For Appeal
In most cases involving a suspension or revocation of a professional nursing license, the nurse has the right to appeal the decision of the Board of Nursing. The appeals process gives the nurse the opportunity to present their side of the story and challenge the evidence brought against them. Understanding the grounds for appeal in your state and the steps involved in the appeals process as outlined by your state Board of Nursing is crucial for moving forward.
Review The Evidence and Allegations Against You
In order to fight the suspension or revocation of a professional nursing license, you first have to understand the basis for the Board's action. Start by reviewing the evidence and the allegations that the Board of Nursing has brought against you, which may include any of the following and more:
- Patient records
- Witness statements
- Correspondence from the Board of Nursing in your state
- Evidence of wrongdoing
Carefully review and compare the documentation provided to identify any inaccuracies or inconsistencies in the evidence. This can be critical in building a strong case for an appeal.
Gather Your Own Supporting Documents and Witness Statements
To pursue an appeal, you will need to provide a strong case that defends the charges against you. Gather relevant documents, witness statements, and other evidence that can counter the allegations brought against you. This supporting evidence may include, but not be limited to, any of the following:
- Professional nursing employment performance reviews
- Letters of support from colleagues or supervisors
- Documentation of continuing education
- Evidence of a commitment to professional development
Whenever possible, try to obtain witness statements from work colleagues, other professional nurses, patients, work supervisors, and others who can attest to your character and professional conduct. This testimony can be valuable as you build your case for an appeal.
An experienced professional licensed defense attorney will build a strong legal defense that includes:
- Identifying key pieces of evidence
- Preparing you for hearings and interviews
- Negotiating with the Board of Nursing on your behalf
Working with a the Lento Law Firm Professional License Defense Team can significantly increase your chances of a successful appeal.
Step Four: Prepare For The Appeal Process
If you believe the disciplinary action taken against you by your state Board of Nursing is unjust or excessive, you have the right to file a formal appeal. Typically, the appeals process begins with writing a letter to the Board of Nursing detailing the reasons why you feel that the action taken against you is unjust.
Timeline And Deadlines For Filing An Appeal
Each state has its own regulations regarding the timeline and deadlines for filing an appeal with the Board of Nursing. It is essential to understand these deadlines and ensure that all of your paperwork is submitted on time. Missing a deadline can result in the loss of your right to appeal.
Preparing Your Written Appeal: What To Include
The written appeal of your nursing license suspension or revocation is your opportunity to present your case to the Board of Nursing as to why their decision should not stand. Your appeal should include a strong argument that defends your professional license as well as supporting evidence. Some elements of an effective written appeal include the following:
- A clear statement of your intent to appeal the Board of Nursing's decision
- A summary of the reasons you believe that the Board's decision should be overturned
- Evidence and documentation that supports your basis for an appeal
- Witness statements or letters of support from colleagues, supervisors, and others
If the Board of Nursing finds merit in your appeal, the Board may decide to review and reconsider their initial decision regarding the status of your professional nursing license.
Attend Hearings And Present Your Case
In some cases, when a professional nurse is filing an appeal regarding their license suspension or loss of their license, they may need to attend a hearing to present their case in person. While doing so can be intimidating, by working with a skilled professional license defense attorney, you can effectively prepare for the hearing. At the Lento Law Firm, we will:
- Help you understand the format and procedures of the hearing
- Practice your oral testimony
- Discuss your responses to potential questions
- Present a confident and professional demeanor
Potential Outcomes of the Appeal Process
When you file an appeal of a professional nursing license suspension or revocation with your state Board of Nursing, the appeals process can result in several outcomes, including:
- A reinstatement of your professional nursing license
- A reduction of the penalties or sanctions initially brought against you
- A denial of the appeal, with the original decision upheld
By understanding these potential outcomes, you can best prepare for any scenario that may arise.
Step Five: Exploring Reinstatement Options
If you choose not to appeal the Board of Nursing's decision or your appeal is unsuccessful, the next step is to explore reinstatement options for your professional nursing license.
Conditions for License Reinstatement
Reinstatement of a professional nursing license often comes with specific conditions that must be met. These conditions may include any of the following and more:
- Completing additional education or training: A professional nurse may be required to take courses to address areas of deficiency or to update their skills and knowledge.
- Substance abuse treatment programs: If substance abuse was a factor in the nurse's professional license suspension or revocation, the nurse may be required to complete a substance abuse treatment program in order to have their nursing license reinstated. The ability of a professional nurse to demonstrate ongoing sobriety can be crucial.
- Community service or probationary periods: The nurse may be required to complete a period of community service or may be required to work under probationary conditions to demonstrate their commitment to upholding professional licensing standards.
Demonstrating Rehabilitation and Good Character
Professional nurses are held to high standards. In order to have a professional nursing license reinstated, the nurse will be required to demonstrate that they have taken specific steps to address the issues that led to the loss or suspension of the nursing license. The nurse will be required to show that they are committed to maintaining the high standards of the nursing profession, which may involve any of the following and more:
- Providing evidence of ongoing education and professional training
- Submitting letters of recommendation or support
- Demonstrating a clean legal record since the suspension or loss of the nursing license
Submitting a Reinstatement Application
When you and your legal counsel determine that you have satisfied all of the necessary criteria to apply for reinstatement of your nursing license, the next step is to submit an application to your state Board of Nursing. This reinstatement application will typically include the following:
- A completed reinstatement application form
- Documentation of completed requirements (e.g., education, treatment programs)
- A personal statement outlining your commitment to professional standards and your rehabilitation efforts
Working with your professional license defense attorney during this reinstatement process will ensure that your application is not only complete but also compelling.
Step Six: Seeking Professional Support and Resources
Navigating the loss of a professional nursing license can be overwhelming and emotionally exhausting. The process of appealing the Board of Nursing's decision and filing for reinstatement of your license can be complicated and stressful. Seeking support and resources during this challenging time can have a positive impact on your physical and mental health. Consider joining a support group for nurses who are facing or have faced similar professional licensing issues, as this can provide both emotional support and practical advice. By sharing your experiences and learning from others as they navigate this uncertainty, you may feel less isolated and more empowered.
Professional counseling or therapy can provide a safe space to process your emotions and develop coping strategies. Don't hesitate to seek professional help if you are struggling. Professional organizations, such as the American Nurses Association (ANA), offer resources and support for nurses facing disciplinary actions.
When A Board Of Nursing Revokes Or Suspends Your Professional Nursing License, Turn To Experienced Legal Counsel You Can Trust
After having invested considerable time, effort, and resources in completing the necessary training to receive a professional nursing license, learning that your license has been revoked or suspended can be a traumatic experience. Complaints may originate from patients, colleagues, employers, or anonymously. Even without sufficient evidence to substantiate the claim, your license and professional future can be in jeopardy. But don't despair. By following the steps outlined above, you can turn your anxiety into action.
Secure the counsel and support of a skilled professional license defense attorney with extensive experience defending licensed professional nurses. The Lento Law Firm Professional License Defense Team has years of experience defending the professional licenses of nurses in states across the country. Our skilled team will guide you through the process of fighting for your professional nursing license, including reviewing the allegations brought against you by the Board of Nursing, evaluating the evidence, interviewing witnesses, securing letters of support, and working with you side by side every step of the way through the request for reinstatement and, if necessary, the appeals process.
With an unrelenting dedication to protecting the rights of licensed professional nurses, in-depth knowledge of professional license defense, and thorough investigation and defense of the allegations brought against you, the Lento Law Firm works tirelessly to protect the professional licenses of those in the medical field. Complete this online form to tell us about your case, or call us today at 888-535-3686.
