After working hard to obtain your nurse practitioner license to help residents of South Carolina, it can be a complete shock when someone levies accusations of misconduct or rule violations against you. An otherwise average day can become ground zero for a lengthy investigation into your conduct, introducing untold stress into your life and potentially harming your professional future.
At the Lento Law Firm, we understand the challenges you face and are here to support you through the investigation process to prevent sanctions against your license. Call us today at (888) 535-3686 or detail your situation through our online form to schedule your consultation.
How the South Carolina State Board of Nursing Can Discipline Nurse Practitioners
The Board of Nursing in South Carolina, a division of the Department of Labor, Licensing, and Regulation (LLR), oversees licensure, policies, and sanctions related to nurses and their conduct, including advanced practice registered nurses and nurse practitioners. Their job is to promote competency and excellence within the profession to keep the public safe, and sanctioning licenses is one of the tools at their disposal to meet their goals. Common sanctions against nurse practitioners in South Carolina include:
- Public Reprimands: A formal expression of disapproval that stays on your permanent license record but does not include disciplinary action or professional restrictions.
- Private Reprimands: A similar expression of disapproval that does not appear on your public license record.
- Fines: Monetary penalties, usually for minor violations.
- Probation: License restrictions that do not entirely remove your ability to work as a nurse practitioner and usually require behavioral monitoring or additional training.
- License Suspensions: A temporary removal of your license and ability to work as a nurse practitioner.
- License Revocations: A complete removal of your license that disallows you from working as a nurse practitioner in South Carolina.
- Corrective Actions: In cases where there are specific instances of misconduct, the Board may require you to change your habits or risk further license sanctions.
- Immediate Suspensions: If the Board fears further public harm, they can immediately suspend your license before any hearings or investigations.
Sanctions vary in severity depending on the evidence gathered in investigations and the alleged violations. Working with attorneys who communicate with investigators and the Board ensures that your interests are always at the forefront of discussions.
How License Sanctions Can Affect Your Future as a Nurse Practitioner
When the Board sanctions your nurse practitioner license, it may come with severe disciplinary action, like probation or suspension. However, even if your punishment only consists of fines or reprimands, you still risk facing professional setbacks due to license sanctions.
Since sanctions are public on your South Carolina license record, anyone looking into your background, such as potential employers, may have an initial negative impression of you. Many nurse practitioners with black marks on their records find it harder to gain employment, move up the ranks at their workplace, and reach their full earning potential.
Nurse Licensure Compact License Risks
As a member of the Nurse Licensure Compact, South Carolina shares all disciplinary actions with other states in the system. Suppose you are a nurse practitioner who often travels outside of South Carolina to work or intends to seek employment in another state after sanctions in South Carolina. In that case, you might find yourself facing unexpected hardships. Many states have provisions in their nursing laws that allow for disciplinary action against nurse practitioners if sanctioned in another compact state.
When even one single act of public license discipline risks your entire future as a nurse practitioner, you should never take accusations lightly or try to defend yourself without the help of an attorney. The Professional License Defense Team at the Lento Law Firm can start protecting your license today and prevent permanent blemishes from appearing on your public record.
Grounds for Sanctions Against Nurse Practitioner Licenses in South Carolina
The Board of Nursing can sanction a nurse practitioner's license for various reasons outlined in the Nurse Practice Act. Although they have broad authority to act whenever a nurse practitioner's actions put patients or the public at risk, the most common grounds for sanctions include:
- Sexual misconduct
- Theft
- Fraud
- Substance abuse
- Prescription errors or inappropriate prescribing behaviors
- Criminal convictions, including misdemeanors and felonies
- Inaccurate recordkeeping
- Exceeding scope of practice
- Patient neglect
- Inappropriate client or patient interactions
The Board also provides a list of misconduct that mandatory reporters, such as employers, can reference when deciding whether to file a complaint. They further outline how employers should categorize behavior, realizing that honest mistakes differ from reckless behavior and warrant different disciplinary responses. If you are facing sanctions from the Board of Nursing due to your actions, the Lento Law Firm can help by using your history as an upstanding nurse practitioner to limit the repercussions of mistakes while on the job.
Complaint Process Against Nurse Practitioners in South Carolina
Complaints against you can come from anywhere. Often, patients or their family members levy complaints for actions they perceive as inappropriate or harmful. In other scenarios, your own employer or colleagues may recognize sanctionable behavior, and South Carolina law requires these individuals to file a complaint.
No matter who files a complaint, the result is the same: an investigation into your conduct. South Carolina's Office of Investigations and Enforcement (OIE), a separate department within the LLR, oversees the investigatory process and takes its job seriously. To present yourself in the best light and get the help you need to endure this stressful process, contact the Lento Law Firm today.
The Complaint
With over 500,000 licensed professionals and companies in South Carolina, the OIE receives many complaints yearly, some with more validity than others. The first step after someone sends in a complaint against you is an initial review by a complaint analyst to determine if the Board of Nursing has jurisdiction over your case. They assume the allegations are true, only moving forward if the behavior outlined in the complaint is grounds for discipline according to the Nurse Practice Act.
While false complaints made against you can still pass this initial screening process, it is unlikely that a public complaint alleging something minor will result in a full-fledged investigation. For example, a patient who takes a comment the wrong way and feels offended has the right to make a complaint. However, analysts will typically screen these out, provided there is no other information and no pattern of behavior.
The Investigation
OIE investigators gather evidence and inform you of complaints within 30 days, allowing you to respond and give your side of the story. Even at this early point in the process, an attorney can be invaluable, as correspondence with investigators can be introduced as evidence in legal proceedings. Responding to the investigator's notice of complaint is a fantastic opportunity to get ahead of allegations or clear up misunderstandings. However, you should contact the Lento Law Firm before sending anything in writing that can be used against you later.
Investigations can last up to six months, and investigators have broad power to issue subpoenas, inspect your workplace, gather medical and employment records, and interview relevant parties. If investigators decide to interview you at this time, attorneys can assist similarly in responding to the complaint.
When an investigation is over, a review conference composed of investigators, Board members, and other professionals associated with the Board will evaluate the evidence and determine whether these findings warrant any discipline. Although this review conference can make recommendations, the Board of Nursing has full authority at their next meeting to take action, close a case, or proceed with a non-disciplinary response.
The Board Response
Despite a recommendation, the Board can proceed with your complaint case however they see fit. The Board can make three unique decisions:
- Dismissal: If the Board decides that the evidence does not warrant any discipline, they can move to dismiss the complaint. Your case's investigator will send a letter informing you of the end of the process, and you can take a sigh of relief that this complaint will not lead to sanctions on your license.
- Formal Complaint: South Carolina's Office of Disciplinary Counsel will serve you with a formal complaint if the Board of Nursing determines you violated Nurse Practice Act statutes. A formal complaint can result in wide-ranging forms of consensual and non-consensual disciplinary action.
- Letter of Caution: A letter of caution is not a disciplinary action, and it does not allege that you broke any law or violated any part of the Nurse Practice Act. However, it may warn you that your actions skirted the line or may be construed by the public as misconduct.
Only formal complaints lead to further interaction with the Board, as letters of caution result in dismissal and no disciplinary action. If you received a formal complaint from the Board of Nursing alleging a violation of laws or standard practices and still do not have legal representation, contact the Lento Law Firm today. Formal complaints can escalate into court-like hearings, and attorneys can negotiate with the Board to avoid this process and reach a better agreement. With your license at stake, don't try to take on the Board of Nursing alone.
The Formal Complaint
When the Board issues a formal complaint, there are two general paths you can expect your case to follow. In both scenarios, the Professional License Defense Team at the Lento Law Firm can help limit the sanctions on your license and defend against accusations of misconduct or violations.
In most cases, the Board and your attorneys can negotiate and settle on a consent agreement. In order to sign a consent agreement, you must agree to a particular set of facts, violations, and sanctions. While these agreements may not exonerate you of all allegations, they avoid a potentially lengthy and complex formal hearing process. The Lento Law Firm has negotiated many consent agreements on behalf of nurse practitioners to receive the best terms possible.
If you do not decide to sign a consent order or the Board does not accept your agreement, you can request a full hearing before the Board. South Carolina Office of Disciplinary Counsel attorneys will prosecute your case, and you have the right to defend your actions with the help of an attorney.
These formal hearings are very similar to court proceedings. South Carolina has the burden of proving its allegations, and your attorneys can introduce evidence before the Board to sway its decision and limit the sanctions you receive.
As we discussed, sanctions on your license can range from minor fines to license suspension or revocation. If your case becomes a formal hearing, sanctions may be harsher than those obtained through a consent order.
The Final Order and Appeals
Despite hearings often having higher stakes and more on the line, a hearing can also result in a dismissal of your case. Even at this late stage, a dismissal will mean that the entire complaint, investigation, and hearing process is confidential. Only Board orders that impose sanctions and result in disciplinary action will lead to publicly viewable license restrictions. Attorneys can also negotiate with the Board to downgrade public actions that stay on your license to private ones.
Appealing a Board order is possible, but you must act fast. You only have 30 days after a Board order to appeal to an Administrative Law Court. If you disagree with the sanctions the Board has placed on your license and want to appeal, contact the Lento Law Firm Professional License Defense Team today to get started on your appeal and limit the restrictions on your license.
Helping Nurse Practitioners in South Carolina Protect Their Licenses
The Lento Law Firm represents nurse practitioners across the country, and we have experience defending the licenses of South Carolina nurse practitioners employed by some of the largest employers in the state, including:
- Prisma Health Greenville Memorial Hospital – Greenville
- Spartanburg Medical Center – Spartanburg
- MUSC Health University Medical Center – Charleston
- McLeod Regional Medical Center – Florence
- AnMed Medical Center – Anderson
- Roper Hospital – Charleston
- Self Regional Medical Center – Greenwood
- Lexington Medical Center – West Columbia
- Prisma Health Richland Hospital – Columbia
- Beaufort Memorial Hospital – Beaufort
- Conway Medical Center – Conway
No matter where you work, the Professional License Defense Team at the Lento Law Firm can step in to protect your license from allegations of misconduct or rule violations.
Contact the Professional License Defense Team at the Lento Law Firm Today
If you are under investigation or have already received discipline from the Board of Nursing, time is of the essence. Protecting your license or appealing a Board order is much easier when attorneys have ample time to review your case and craft a defense. But no matter what part of the process you are going through, our Professional License Defense Team can help.
The Lento Law Firm understands the South Carolina Board of Nursing disciplinary process inside and out, and we can get to work today to prevent license sanctions and help you get back to helping others through your role as a nurse practitioner. Contact us today at (888) 535-3686 or reach out through our confidential online form to get started.
