The Alaska Board of Nursing (simply referred to as “the Board” going forward) is responsible for licensing and supervising nurses throughout the state. The law granting the Board its powers and duties is the Alaska Nurse Practice Act (NPA). In Alaska, the NPA is actually a collection of laws and statutes related to the practice of nursing.
The Alaska NPA also authorizes the Board to take disciplinary action against the license of a nurse who violates the NPA. If you've been accused of such a violation, you may worry about how this could ultimately affect your career.
Our Professional License Defense Team at the Lento Law Firm understands these concerns. We offer Alaska nurse license defense services tailored to the unique needs of our clients when they've been accused of Alaska NPA violations. Our experience handling cases like yours makes us the right team to represent you when you're facing Board disciplinary action. Learn more about how we can help by submitting your information via our online contact form or calling our offices today at 888-535-3686.
Forms of Disciplinary Action the Alaska Board of Nursing May Take When a Nurse Violates the Alaska Nurse Practice Act
The Alaska NPA states the Board can take certain forms of disciplinary action against the license of a nurse who has violated the NPA. These are:
- Permanent license revocation
- License suspension for a specified period
- Censure or reprimand
- Imposing limitations or conditions on a nurse's license
- Requiring a nurse to submit to a peer review
- Requiring a nurse to participate in a professional remedial education program to address deficiencies
- Imposing a probationary period, during which a nurse may have to regularly report to the Board on the matters for which they are on probation
- Requiring a nurse to pay a civil fine of up to $5,000
Additional points to be aware of in the law include:
- When a nurse has demonstrated they've remedied the issue for which the Board imposed probation, the Board may lift said probation.
- The Board can summarily suspend the license of a nurse before a final hearing or appeal. This is warranted in circumstances when it appears allowing a nurse to continue practicing would place patients or others in danger.
- Although the law states the Board can permanently revoke a nurse's license, that doesn't necessarily mean reinstatement is impossible. The law states the Board can reinstate the revoked or suspended license of a nurse after a hearing where it is determined the nurse is able to practice safely and competently.
- The Board can accept a nurse's voluntary surrender of their license. If a nurse voluntarily surrenders their license, the Board may not automatically return the license, even upon a nurse's request. The nurse must demonstrate to the Board they're competent and able to practice nursing safely. They may also need to pay a renewal fee.
- The Board needs to be consistent when taking disciplinary actions. If the Board takes disciplinary action in a manner that deviates from prior decisions, it should provide an explanation accordingly.
Being subject to disciplinary action because of an alleged violation of the Alaska NPA can be an overwhelming experience. You may have many questions about your future right now.
One way to ease your concerns is to review your case with a member of our Professional License Defense Team at the Lento Law Firm. Knowing you have an attorney on your side who's handled cases like yours in the past can give you peace of mind now.
Violations of the Alaska Nurse Practice Act That Can Result in License Revocation
The Board can't necessarily choose any form of disciplinary action when deciding to take action against the license of a nurse accused of misconduct. Board members must consider the nature of the alleged Alaska NPA violation when determining what form of disciplinary action is appropriate in a given situation.
Per the NPA, the Board has the authority to revoke a nurse's license if they:
- Violate the Alaska NPA more than once
- Violate the terms of probation after being disciplined for a previous violation
- Engage in fraud or deceit when attempting to obtain a nursing license
- Are convicted of a felony or convicted of any other crime if that crime substantially relates to the practice of nursing
- Habitually use alcohol and/or a controlled substance in a manner that interferes with their ability to provide safe nursing services
- Impersonate a health care provider
- Intentionally or negligently engage in behavior that either causes injury to a patient or puts a patient at risk of harm
- Engage in unprofessional conduct (more on this further down) that results in another person being at risk of harm
- Are professionally incompetent in a manner that results in injury to a patient
Violations of the Alaska Nurse Practice Act That Can Result in License Suspension
Permanently revoking a nurse's license isn't always the most appropriate form of disciplinary action the Board can take when a nurse has been accused of violating the Alaska NPA.
The NPA states the Board may consider suspending a nurse's license for up to two years, as long as the suspension is followed by a probation period of at least two years when a nurse:
- Habitually uses alcohol and/or drugs in a manner that interferes with their ability to practice nursing safely if they successfully complete a rehabilitative program the Board approves of.
- Willfully or repeatedly violates certain statutes pertaining to nursing or willfully or repeatedly violates a Board regulation.
- Is professionally incompetent if their incompetence results in the health/safety/welfare of the public being put at risk.
According to the Alaska NPA, the Board may suspend a nurse's license for up to one year, followed by a probation period of no more than one year, if the nurse engages in EITHER of the following:
- An act of unprofessional conduct
- Denial of care or treatment for a prospective patient because they failed to submit to voluntary arbitration in a dispute
The above breakdown indicates how numerous factors can influence the types of disciplinary action a nurse may face if they've been accused of an Alaska NPA violation.
At the Lento Law Firm, attorneys with our Professional License Defense Team can ensure the Board properly accounts for all relevant factors when making a decision in your case. If it appears the Board is considering forms of disciplinary action that aren't warranted based on the facts, we'll voice our concerns to guard against any violations of your rights.
What Constitutes Unprofessional Conduct Under the Alaska Nurse Practice Act?
The Alaska NPA states the Board may take disciplinary action against a nurse's license if the nurse engages in unprofessional conduct as defined under the law. The types of disciplinary action the Board may take can depend on such factors as whether said unprofessional conduct resulted in harm to patients.
The Alaska NPA defines unprofessional conduct as the following:
- Failing to apply the skills, knowledge, or judgment appropriate for a nurse with the specific type of nursing license one holds
- Assuming duties and responsibilities more than once when one isn't sufficiently prepared to handle said duties and/or responsibilities
- Delegating a nursing care task or function to someone who one knows lacks the qualifications and/or license necessary to perform such a function when such delegation may put patients in harm's way
- Not properly supervising those who one is tasked with supervising
- Not performing tasks within the scope of one's practice when doing so may be necessary to prevent risk of harm to a patient
- Violating a patient's confidentiality rights (although there are exceptions, such as when a nurse needs to share confidential patient information to comply with an investigation)
- Neglecting a patient
- Engaging in physical, emotional, or verbal abuse of a patient
- Using alcohol or drugs to such an extent that it interferes with one's ability to safely practice nursing
- Violating any state or federal law regulating drugs
- Not properly maintaining patient records
- Abandoning a nursing assignment without notifying others so they may ensure a continuance of a patient's care
- Allowing anyone else to use one's nursing license for any purpose
- Failing to report facts regarding another healthcare provider's incompetent, dangerous, or illegal practice
- Engaging in any form of fraud, deceit, or misrepresentation in connection with the nurse licensing examination
- Practicing advanced forms of nursing for which one may need specialized certifications, training, licenses, etc., when one lacks the necessary qualifications, experience, training, credentials, etc.
- Engaging in illegal discrimination in the practice of nursing
- Signing a record indicating one witnessed the wastage of controlled substances when this may not have actually occurred
- Exploiting patients for one's financial gain (which can include offering, receiving, or soliciting fees for patient referrals)
- Misappropriating patient or agency property, materials, drugs, etc., for one's personal use or for another unauthorized use
- Taking a patient off of life support without the proper authorization
- Engaging in untruthful or misleading tactics when advertising nursing services
- Knowingly violating health insurance laws and regulations
- Committing any acts that may constitute the unlicensed practice of a pharmacy
- When one is an advanced practice registered nurse (APRN) with the authority to prescribe and dispense, prescribing or dispensing a medication in a manner inconsistent with one's scope of practice
- Engaging in sexual misconduct of any form with a patient
- Engaging in harassment, disruptive behavior, or abusive behavior while targeting a patient, their relative, or their guardian
- Engaging in disruptive behavior in the workplace that interferes with the facility and team's ability to provide patients with care
- Failing to cooperate with any Board investigation
- Accepting health care provider orders from unlicensed assistive personnel who aren't qualified to issue such orders
- ● Failing to cooperate in a department audit of a nurse's competencies
- On a nursing license application or renewal application, claiming one participates in continuing competency activities that one doesn't actually participate in
- Except in specific instances, prescribing, dispensing, or otherwise providing a prescription medication without first conducting a proper physical examination of the one receiving said medication
- Using social media or other electronic means to share private patient information, except in cases where doing so is necessary to comply with legal requirements
- If a nurse has a United States Drug Enforcement Administration registration number, failing to register with the relevant controlled substance prescription database
- When required to do so, failing to check the relevant controlled substance prescription database
- Upon receiving a written request from a patient or their guardian, failing to provide copies of patient records within 30 days
- Upon retiring or closing a practice, failure to notify the Board of the location of a patient records within 30 days
- Failing to comply with HIPAA rules for maintaining patient documentation
Being accused of any of these forms of unprofessional conduct can have significant implications for your nursing license and career in Alaska. Be proactive and get in touch with our Professional License Defense Team at the Lento Law Firm if you've been accused of any such violation of the Alaska NPA.
Get Help With a Case Involving an Alleged Violation of the Alaska NPA
You've worked hard to earn your Alaska nursing license. You don't want to have to worry about your license (and, thus, your ability to practice nursing in the state) being jeopardized because the Board is accusing you of violating the Alaska NPA.
At the Lento Law Firm, our Professional License Defense Team can assist you in the following critical ways right now:
- Reviewing your case
- Explaining the allegations
- Handling all correspondence with the Board
- Representing you during hearings, interviews with Board investigators, etc.
- Gathering evidence to support your side of the story and challenging the evidence against you
- Presenting mitigating factors to ensure the Board is fair when deciding whether (and how) to take disciplinary action against your license
Those are general examples. The best way to learn how you can benefit from our Alaska nurse license defense services is to review your case with a member of our team. Get started today by submitting your information online or calling us at 888-535-3686.
