South Carolina Licensed Practical Nurse Defense

As a Licensed Practical Nurse in South Carolina, you've demonstrated an unwavering dedication to patient care. You often work long hours in challenging conditions to ensure every South Carolinian receives the care they deserve. Yet even the most capable professionals can face surprising misconduct allegations. Without vigorous defense, sanctions could lead to suspension or even revocation of your nursing license/

Our nationwide Professional License Defense Team is dedicated to championing the rights of nurses across the country, especially in South Carolina. We understand the challenges you face and are here to help. Don't let unexpected misconduct allegations jeopardize your career. Reach out to us today at 888-535-3686 or use our convenient online contact form.

Licensed Practical Nurses in South Carolina

The COVID-19 pandemic highlighted Licensed Practical Nurses' valuable role in the Palmetto State. As South Carolina faced unprecedented health challenges, LPNs were on the front lines, providing essential care across various settings—from busy hospitals in cities like Columbia and Charleston to remote areas where healthcare resources are scarce.

LPNs cater to a wide demographic, including aging populations in coastal retirement communities like Hilton Head Island, growing families in expanding urban settings like Greenville, and underserved populations in rural areas.

The State's major health institutions, such as the Medical University of South Carolina (MUSC) in Charleston, Prisma Health in the Upstate, and McLeod Health in Florence, rely heavily on the flexibility and dedication of LPNs. These nurses form a vital part of a network of care that spans major hospitals, specialized clinics, and home health services, playing an indispensable role in the State's healthcare system.

The South Carolina Department of Labor, Licensing, and Regulation

The South Carolina Department of Labor, Licensing, and Regulation (LLR) is a key entity that oversees professional conduct and upholds high standards across various professions in the State. Operating under the framework of South Carolina law, the LLR is entrusted with a wide range of responsibilities aimed at safeguarding the public and ensuring the integrity of the State's workforce, including licensed practical nurses and licensed vocational nurses practicing within the State.

LLR is responsible for administering and enforcing the laws related to professional licensing in South Carolina. As part of the Department, the South Carolina Board of Nursing's duties include overseeing licensing exams, issuing licenses, and monitoring compliance with continuing education requirements. In instances of professional misconduct, the Board may also work with the Department's Office of Investigations and Enforcement when necessary.

Misconduct Allegations that Can Jeopardize Your LPN Career

Misconduct allegations, especially those rooted in professional or ethical lapses, can have severe repercussions for LPNs in South Carolina. Under South Carolina's Nursing Practice Act, LPNs can face severe disciplinary actions for violations under the Act.

For LPNs who often see their initial certification as a stepping stone to becoming Registered Nurses (RNs) through LPN-to-RN bridge programs, ethical misconduct can drastically alter their career trajectory. Some of the various types of misconduct allegations that can threaten your license are addressed below.

Negligence

Healthcare professionals who work directly with patients may face allegations of abuse if injuries occur under their care. Likewise, if a professional's negligence leads to injury or poses a risk to someone else, they could be subject to disciplinary actions.

Administration of Invasive Devices

Although these tasks are frequently assigned to LPNs, improper handling of invasive devices like catheters, lines, and tubes can lead to professional misconduct charges for an LPN, as it risks patient safety. The Board recommends that nursing departments establish clear policies and procedures outlining the practices expected of licensed nurses, including required qualifications and education. Deviations from these protocols or lack of the necessary skills can cause errors, which are considered professional misconduct under the South Carolina Nurse Practice Act.

Substance Abuse Violations

LPNs found working under the influence of alcohol or drugs may face disciplinary actions for substance abuse violations. Often, penalties for substance abuse infractions can be mitigated by participating in one of the State's various Recovering Professional Programs, which are targeted intervention programs for South Carolina healthcare professionals dealing with substance abuse issues.

Additional Misconduct Violations

Some additional forms of misconduct under the State's Nursing Act Include:

Permitting another person to use one's professional license.
Having a nursing license suspended, revoked, or disciplined in another state.
Failing to cooperate with board investigations or proceedings.
Unlawfully sharing patient's health or personal information.
Altering medical or organizational records to show incorrect information.
Misappropriating funds, property, or drugs or engaging in fraudulent billing.
Inappropriately handling prescription drugs.
Suffering from a physical or mental condition that makes further practice dangerous.
Neglecting to record essential patient information accurately.
Obtaining or attempting to obtain a nursing license through deceitful means.
Working beyond the scope of one's training.
Failure to report incompetent or unethical practices to the board.
Assigning tasks to unqualified individuals or failing to supervise appropriately.
Disengaging from a nurse-patient relationship without appropriate notice.
Ignoring standards to minimize transmission of diseases.
Allowing or causing oneself to be misrepresented as a physician.

The Disciplinary Process

If a complaint has been filed against you, you are likely feeling overwhelmed and unsure of what the next few weeks, months, and years will look like. Although every investigation will vary based on the specific allegations, all disciplinary matters consist of steps ensuring the professional receives “Due Process.” Due Process is a legal term that allows individuals to be notified about the allegations against them and present their side of the story before a neutral decision-maker, like a hearing officer or a judge. As described by LLR, the disciplinary process generally consists of the following steps that ensure that LPNs in South Carolina receive due process.

Receipt of Complaint and Initial Review

Complaints are received via mail, fax, or online through the State's portal. A complaint analyst determines if the allegations fall within LLR's jurisdiction and may contact the complainant for further clarification. Complaints can be lodged by various people, such as patients, coworkers, supervisors, or public members.

Investigation

If a potential violation is identified, the case is assigned to an investigator who then notifies the respondent, allowing them an opportunity to respond. This response can be used in legal proceedings, although the investigation proceeds regardless of whether a response is provided. The investigation may include onsite inspections, subpoenas for relevant records, and interviews. Typically, investigations are aimed to be completed within 180 business days.

Investigation Review Conference (IRC)

Post-investigation, an IRC is held, and it includes counsel, the chief investigator, the board administrator, and appointed professional members. This conference assesses the investigation findings to determine if further information is needed, whether to recommend a formal complaint, issue a letter of caution, or dismiss the case. The Board makes the final decision on these recommendations.

Board Response

Depending on the IRC's recommendations, the Board might dismiss the complaint, issue a formal complaint, or send a letter of caution to the respondent. A formal complaint leads to the drafting of detailed charges and alleged statutory violations.

Possible Consent Agreement

When an investigation by the South Carolina Board of Nursing leads to a formal complaint against an LPN, a couple of resolution paths may be pursued. One of these is the option to enter into a consent agreement. A consent agreement is essentially a settlement agreement between the respondent (the nurse) and the State, where both parties agree on the facts of the case, the specific statutory violations committed, and the sanctions to be imposed. Some professionals may enter into a consent agreement with the State because it resolves the matter without the time and expense of proceeding to a formal hearing.

Once both parties have agreed to the terms, the consent agreement is submitted to the Board, which can accept or reject the deal. Acceptance by the Board typically results in a quicker resolution and often involves less severe sanctions than might be imposed after a full hearing.

Hearing

If the matter proceeds to a formal hearing under the principles of the State's Administrative Procedures Act, both parties will be allowed to present their cases before a neutral decision-maker. Although these hearings are not formal jury trials, they are conducted similarly to court proceedings and are both formal and structured to ensure fairness and due process.

At the hearing, the two primary parties involved are the State and the respondent (the licensed professional facing the complaint). The state is represented by an attorney from the LLR's Office of Disciplinary Counsel, who handles legal proceedings within the agency.

While a respondent may choose to represent themselves at the hearing, this is strongly ill-advised. These hearings are very technical and require the skill of a professional who is well-versed in the State's professional licensing laws, evidence codes, and administrative regulations. Fortunately, the Lento Law Firm's Professional License Defense Team has experience navigating South Carolina's complex licensing laws and can help you stand up to the State's involved bureaucratic system.

Final Order

After both parties have presented their cases, the Board deliberates on the evidence and arguments presented. The Board members may then vote on the disposition of the case or choose to take additional time to consider the details more thoroughly, known as taking the matter under advisement. This process ensures that all aspects of the case are considered before reaching a decision.

After the hearing, the Board issues an order that may confirm a statutory violation and detail specific findings or dismiss the complaint. All others are made public under the South Carolina Freedom of Information Act except for private or dismissive orders.

Possible Sanctions

Sanctions are based on specific laws and regulations and differ according to the applicable professional or occupational licensing rules. Typically, sanctions can range from a private or public reprimand to the revocation of a license.

Private Sanctions

A private reprimand occurs if the disciplinary action is not made public. Private reprimands are typically a formal notice to a professional that their conduct has violated the State's professional licensing requirements. Still, the details are kept confidential to maintain the professional's privacy. This might be used in cases where the violation is minor and has not resulted in significant harm. For instance, the Board may determine that a nurse's failure to complete continuing education units due to personal hardships such as illness or the death of a loved one has not resulted in significant harm to the public.

Public Sanctions

A public sanction is a formal admonishment made available to the public under South Carolina's Freedom of Information Act. This type of sanction is used for violations the board believes the public should be aware of, typically to inform and protect the community or deter similar misconduct by others.

Why Do I Need Professional License Defense Assistance?

Navigating disciplinary proceedings before the South Carolina Office of Investigations and Enforcement can be daunting, especially when your ability to continue working as an LPN is at stake. Now, more than ever, is the time to act, and acting swiftly is crucial. Our Professional License Defense Team is equipped to guide you through every phase of the disciplinary process. Whether you just received notice that the Board is opening up an investigation, are already facing a formal complaint, or are considering options to appeal a sanction that has already been issued against your license, we can help.

After taking the time to understand your unique situation, we will help you evaluate the most optimal strategy. At the complaint stage, our Team can help draft and submit the initial response to any complaints, collect evidence, and coordinate helpful witnesses.

At the settlement phase, we can negotiate with the State, your employer, or your facility. While many professionals may feel cornered into agreeing to terms in settlement agreements that make them uncomfortable, our Team will work with you to ensure you understand the settlement process, the value of what you are giving up, and whether a settlement is ultimately the best-case scenario for you.

If you wish to proceed to the hearing, we can appear on your behalf and advocate for you by crafting opening and closing statements, examining witnesses, cross-examining the State's witnesses, and collecting and presenting evidence.

With our team, you can maintain focus and composure throughout this challenging period. We understand the pressures you face and are committed to supporting you every step of the way.