The job of a South Dakota agency nurse is challenging. Your work might be fulfilling, but the job is demanding and often offers fewer benefits than your staff nurse counterparts. Nursing requires physical strain, extended work hours, and immense stress. Still, agency nursing usually requires long drives and travel between facilities, constant moving of facilities, and all with minimal employer-provided benefits. Despite these difficulties, you go to work every day and put your patients' well-being above your own. When you dedicate so much of yourself to your job, it is likely highly upsetting to learn that a complaint has been filed against you and your agency nursing license.
You may, understandably, be unsure of what to do next or how to respond to the allegations against you. The Lento Law Firm Professional License Defense Team can help; our Team will assist you in understanding the disciplinary process. We take over all things related to responding to the Board of Nursing and fighting for your license so you can take care of your own mental and physical health during this stressful time. We understand all the time, education, and financial costs it took for you to earn your nursing license and how hard you work every day. When you retain the Lento Law Firm, we are dedicated to preserving your South Dakota agency nursing license and livelihood. To get started with our Team, call us at 888-535-3686 or contact us online today.
South Dakota Agency Nurse Regulatory Body
The South Dakota Board of Nursing is the regulatory body that governs agency nurses in South Dakota. It has ten members, including a President, Vice President, and Secretary. The Board of Nursing is comprised of licensed practical nurses, registered nurses, and members of the public.
The Board of Nursing's mission is to protect the public by regulating nursing licensure, practice, and education under South Dakota nursing laws and regulations. The Board of Nursing has many responsibilities, including developing nursing regulations and policies, establishing educational requirements for applicants, continuing learning for licensed nurses, and handling all complaints of nurse misconduct.
The Board of Nursing is also obligated to maintain a licensure information system for all nurses practicing in the state. The system includes licensure and disciplinary information for each nurse.
South Dakota Agency Nursing License Disciplinary Allegations
It is normal if panic is your first reaction to a complaint filed against your South Dakota Agency Nursing License; allegations against your license are serious and can have life-long consequences. But try to keep a cool head. When you retain the Lento Law Firm Professional License Defense Team, you have seasoned attorneys on your side who have successfully guided many clients through the disciplinary action process.
Remember, an allegation is not a finding of guilt. You always have a legal right to due process, meaning you will always be able to defend yourself against the allegations against you before you can be found guilty. There are procedures the Board of Nursing must legally follow, and your Lento Law Firm attorney will make sure the Board of Nursing doesn't cut any corners through the process. Our Team has seen many cases end favorably, even in dismissals, and we will do everything possible to get you the best possible outcome.
South Dakota Agency Nursing License Disciplinary Actions
The Board of Nursing disciplinary action process is lengthy and involves many steps. Your Lento Law Firm attorney can explain each step of the process to you in further detail and answer any questions, but an overview of the process is discussed below. Every case is different, but the process will generally look like this:
Complaint
If a person believes an agency nurse has violated the Nurse Practice Act or any South Dakota nursing regulations, they can report such activity to the Board of Nursing by filing a complaint. The Board of Nursing only accepts written complaints, which cannot be made anonymously. Complaints can be made by either using the complaint form or by emailing the Board of Nursing Compliance Director. Complaints should include information on the agency nurse's place of employment, which patient was involved in the incident, who the complainant is about the agency nurse, whether the incident has been reported to the agency nurse's employer or other organization or agency, and a detailed description of the violation or incident.
If the complainant believes the agency nurse's violation presents an immediate risk of harm to the public, the complainant may contact the Board of Nursing directly by phone or email. The Board of Nursing maintains a webpage with up-to-date contact information for emergency complaints. If the Board of Nursing agrees with the complainant that the nurse's conduct presents an immediate risk of harm to the public, it may temporarily suspend the agency nurse's license until a formal disciplinary hearing can be held to address the complaint further.
When a complaint is submitted to the Board of Nursing, it will notify the agency nurse in question that a complaint has been filed against them and provide them with a copy of the complaint. Complaints can take a long time to resolve; depending on the nature and complexity of the case, cases can go on for several weeks or even months.
You must retain legal counsel as soon as you receive notice from the Board of Nursing that a complaint has been filed against you. The Lento Law Firm Professional License Defense Team has represented countless agency nurses in disciplinary actions against their licenses. Bringing in a Lento Law Firm attorney at the complaint stage definitely gives you an advantage; your Lento Law Firm attorney will coach you through responding to and speaking with the Board of Nursing staff and presenting yourself positively from the get-go.
Investigation
If a complaint falls within the jurisdiction of the Board of Nursing, it will open an investigation into the complaint. The Board of Nursing staff will thoroughly investigate every complaint the Board of Nursing receives. Investigations are tailored to each case, but typically, investigations involve collecting any additional information from the complainant, interviewing the complainant, the agency nurse, witnesses, victims, and the agency nurse's employer. The Board of Nursing staff will also collect any relevant evidence related to the case, including written documentation, records, photos, and videos.
Throughout the investigation, the Board of Nursing staff may contact the agency nurse or their attorney to request an informal meeting to discuss the complaint. These informal meetings are a great opportunity for your Lento Law Firm attorney to begin making your case and negotiating on your behalf. As will be discussed below, part of the disciplinary process will be the Board of Nursing evaluating a settlement and potentially offering you a settlement offer. Starting the negotiation process during the investigative stage can result in more favorable terms and no surprises when you receive the settlement offer.
Compliance Committee Meeting & Settlement Offer
The Board of Nursing's Compliance Committee will meet before the regularly scheduled meeting. The Compliance Committee will review the complaint and investigation results and devise a settlement offer to be presented before the full Board of Nursing. The Board of Nursing can approve the settlement, which will be sent to you, the agency nurse. With the help of your Lento Law Firm attorney, you can weigh the pros and cons of the proposed settlement and decide if taking the settlement offer is best for you. Alternatively, the Board of Nursing can choose not to approve the Compliance Committee's proposed settlement offer. If the Board of Nursing or you, the agency nurse, do not accept the settlement, the case will move forward to a contested case hearing.
Contested Case Hearing
A contested case hearing is conducted before the Board of Nursing, excluding the members of the Compliance Committee. The contested case hearing will look a lot like a court hearing where your Lento Law Firm attorney will call and cross-examine witnesses, put forward evidence, and share your side of the story while fighting for your agency nursing license. If you have not retained an attorney yet, now is the time to call the Lento Law Firm Professional License Defense Team. Just like you would never go into court alone, you should not be representing yourself in a contested case hearing.
Contested case hearings require you to follow very specific procedures and rules for filing written documents, sharing evidence and witness lists with the other side, what evidence you can and cannot present at the hearing, and more. The system, which is detailed in South Dakota laws, is incredibly complex and difficult to parse out without the help of an attorney, but when you retain the Lento Law Firm, you don't have to worry about any of that; our Team will do all the work. Our Professional License Defense Team is well-versed in the intricacies of contested case hearings and will ensure everything is done according to the book. If you go in alone, you risk losing your case on a technicality; it isn't worth gambling on your agency nursing license.
Determination
After the contested case hearing, the Board of Nursing will deliberate and notify you of its decision. The Board of Nursing has a few disciplinary and non-disciplinary action options to choose from when deciding the outcome of a case. If the Board of Nursing decides disciplinary action is not warranted, it may dismiss your case outright. Alternatively, the Board of Nursing may issue you a letter of concern; this non-disciplinary action serves as a warning and can be issued when there isn't enough evidence to prove you are guilty of the allegations but shows they are concerned about the allegations and encourages you to be mindful going forward. The Board of Nursing may also require you to undergo a substance abuse or health evaluation as a non-disciplinary action or mandate your participation in the Health Professional Assistance Program, as discussed in more detail below.
If the Board of Nursing finds you guilty of the allegations against you, it can take various disciplinary actions depending on the nature and severity of the violation. The least serious of the disciplinary actions is a letter of reprimand, which is an order that you do not repeat the violation; there are no license restrictions with a letter of reprimand, but if another complaint is filed against you, you can expect the Board of Nursing will not let you off easy the second time around.
The Board of Nursing is authorized to issue probation, suspend, or revoke your South Dakota agency nursing license. When you are on probation or suspended, the Board of Nursing may require additional training or education to restore your license to full status; it may also impose additional supervision for you to practice under your license. The Board of Nursing can reinstate any license suspended, put on probation, or revoked.
Alternative to Disciplinary Action
In some cases, the Board of Nursing may pursue an alternative to disciplinary action called the Health Professional Assistance Program (HPAP). HPAP is a program for licensed nurses and nursing students who have mental health or substance use disorders that are not being appropriately managed and, therefore, are unable to practice nursing with reasonable skill or safety or whose practice poses a risk to the public. The program provides nurses with case management and monitoring through a partnership with the Midwest Health Management Services. HPAP allows participants to work with licensed mental health professionals who will evaluate, consult, and manage a nurse's recovery program.
HPAP can be a great option for agency nurses dealing with mental health issues or substance use disorders, but there are pros and cons to entering the program. Participating in HPAP doesn't mean you can't face disciplinary action in the future; in fact, if you violate the terms of the HPAP program, you will almost certainly be facing serious and immediate disciplinary action against your license. Your Lento Law Firm attorney can discuss their experience seeing other clients going through HPAP and how it can impact your agency nursing career in the long term.
Appeal
If you disagree with the Board of Nursing's final disciplinary action against your license, you have the legal right to an appeal. You should never feel like all hope is lost when the Board of Nursing issues a final decision you aren't comfortable with; the Lento Law Firm often gets its agency nurse clients more favorable outcomes on appeal.
Appeals are legal court filings and should not be done without an attorney. If you have gone through the disciplinary process without counsel, there is nothing to be ashamed of. As an agency nurse, you are used to putting out fires on your own, but you don't need to go through the process alone; the Lento Law Firm Professional License Defense Team is frequently retained at the appeals stage.
If you choose to pursue an appeal, your Lento Law Firm attorney will file it in a circuit court with jurisdiction over the case; this will be any circuit court where one of the parties lives.
Grounds for Disciplinary Action Against Your South Dakota Agency Nursing License
Many actions can result in a South Dakota agency nurse facing disciplinary action. Infractions vary from minor administrative violations to physical harm to a patient. Regardless of the severity of the allegations against you, all allegations should be taken seriously and are a genuine threat to your agency nursing license. South Dakota law specifically states several grounds for disciplinary action, including suspension or revocation, against a nurse's license; the grounds are as follows:
- If the agency nurse has committed fraud, deceit, or misrepresentation in procuring or attempting to procure their agency nursing license
- If the agency nurse has been convicted of a felony
- If the agency nurse has engaged in the practice of nursing under a false or incorrect name or under a fictitious or assumed name that has not been registered under the law or impersonated another licensed nurse
- If the agency nurse has committed an alcohol or drug-related act or offense that interferes with their ability to practice nursing safely
- If the agency nurse has negligently, willfully, or intentionally acted in a manner inconsistent with the health or safety of a person entrusted to their care
- If the agency nurse has had their license or privilege to practice as an agency nurse revoked, suspended, or had other disciplinary action taken against them in another state, territory, or foreign country
- If the agency nurse has aided or abetted an unlicensed or uncertified person to practice nursing
- If the agency nurse has engaged in the practice of nursing during a time when their license has lapsed or is on inactive status, suspended, or revoked
- If the agency nurse has engaged in unsafe nursing practice, substandard care, or unprofessional or dishonest conduct
- If the agency nurse exercised influence within the nurse-patient relationship to engage in sexual activity with a patient who is incapable of giving free, full, and informed consent to sexual activity with the nurse
- The agency nurse has engaged in sexual harassment or sexual contact
- The agency nurse has a physical or mental condition that endangers the health or safety of a person who is or will be entrusted in their care
- Violated confidentiality, patient privacy, consent, or disclosure of patient information
- The agency nurse has violated any other nursing-related South Dakota laws, regulations, or policies
If you have committed any of the above actions, you could very well face disciplinary action. In some cases, like if you have committed a felony, you must self-report your misconduct to the Board of Nursing. Regardless of who has reported you, what violation you have participated in, or even if you are facing a baseless allegation, you must prepare to defend yourself and your South Dakota agency nursing license. The Lento Law Firm will fight for you every step of the way.
Consequences of Disciplinary Action Against Your South Dakota Agency Nursing License
If a disciplinary action is taken against your agency's nursing license, the Board of Nursing will immediately record this information in its South Dakota nurse licensure and disciplinary action database and report the disciplinary action to the nurse licensure verification website Nursys and the US Department of Health & Human Services National Practitioner Data Bank. Potential employers will likely view all three of these databases in their hiring process; having disciplinary action against your license can negatively impact your chances of future employment in the healthcare field. Additionally, the disciplinary action will be published in the Board of Nursing newsletter, South Dakota Nursing News, which will be distributed quarterly to licensed and registered nurses, nurse employers, and nurse educators throughout the state.
Areas We Service in South Dakota
The Lento Law Firm Professional License Defense Team is here to serve agency nurses all over the state of South Dakota, from Sioux Falls to Canistota. Our agency nurse clients work in some of the largest healthcare systems in South Dakota, including Sandford Health and Avera Health. Our clients work in a variety of healthcare settings, including nursing homes, home healthcare, rehabilitation centers, surgical centers, hospitals, and more.
The Professional License Defense Team for South Dakota Agency Nurses
There is no allegation against your South Dakota agency nursing license, which is too small to retain the Lento Law Firm Professional License Defense Team. The Board of Nursing has unlimited resources to investigate and bring a case against you, and you cannot afford to fight them on your own. Our Team knows the value of your role in the community and respects everything you have done to achieve success as an agency nurse. We will fight tirelessly to protect your rights and South Dakota agency nursing license. To retain the Lento Law Firm Professional License Defense Team, call us at 888-535-3686 or contact us online today.
