As a certified registered nurse anesthetist (CRNA), you have dedicated your professional career to helping others. Your role is essential; you manage patients' pain during what patients may feel are scary procedures or surgeries. Putting your patients first is likely your top priority, which is why it might come as a surprise to hear you are facing disciplinary action against your CRNA license.
Disciplinary actions must be taken seriously. Losing your license could mean losing your career and financial stability. There is too much on the line to face disciplinary action alone, but you don't have to. The Lento Law Firm Professional License Defense Team can help. Call our Team today at 888.535.3686 or contact us online, and we can help you navigate this overwhelming process and help you get the best result possible.
Licensing Authority for Maine Certified Registered Nurse Anesthetists
Under the authority granted under the Nurse Practice Act, the Maine State Board of Nursing handles all CRNA licensing matters in the state. It is the responsibility of the State Board of Nursing to protect the health, welfare, and safety of the public by licensing nurses and investigating concerns raised by both the public and other credentialing or licensing agencies.
The Maine state government maintains a database of all regulated licenses and permits required by the state, including nursing. This database allows the public to enter the CRNA's name and view their CRNA registration number and license status (active, failed to renew, etc.).
The Board of Nursing website contains a page detailing all resolved disciplinary actions. The public can view the name of each nurse in question, the date of the offense, the facts of each complaint, and the resolution.
Types of Misconduct That May Threaten Your Certified Registered Nurse Anesthetist License
There are a wide range of actions that can threaten your CRNA license. Maine law outlines the specific actions that permit the State Board of Nursing to refuse to issue, modify, suspend, revoke, or refuse to renew the license of a CRNA. These actions include, but are not limited to, the following:
- Using fraud or deceit to obtain a CRNA license or in connection with service rendered within the scope of the CRNA license issued
- Misuse of alcohol, drugs, or other substances that have resulted or could result in the CRNA performing services that endanger the health or safety of their patients.
- A professional diagnosis of a mental or physical condition that has resulted in or is foreseeably likely to result in the CRNA performing their duties in a manner that endangers the health or safety of their patients
- Aiding or abetting the practice of nursing by an individual who is not legally licensed
- Incompetence in performing the duties of a CRNA
- Unprofessional conduct, including violating a standard of professional behavior for CRNAs that has been established in Maine
- Conviction of a crime that involves dishonesty or false statements that directly relate to the practice of being a CRNA
- Conviction of a crime for which incarceration for one year or more may be imposed
The Disciplinary Process Against Maine Certified Registered Nurse Anesthetists
The disciplinary process for CRNAs in Maine is a multi-step and complicated process. While your Lento Law Firm attorney can walk you through the process in more detail, disciplinary actions tend to follow the procedure below.
Complaint
Complaints against CRNAs are made directly to the Maine State Board of Nursing. All complaints must include the name and contact information of the complainant, the first and last name of the CRNA and their license number if known, the address or location of the incident, if possible, a thorough description of the facts, and a description of the complainant's concerns. Complaints cannot be made anonymously, but they can be made on behalf of another person who is not the affected person or patient.
After the complaint is received, the State Nursing Board's Complaint Coordinator will send the complainant an acknowledgment of receipt of the complaint. If the State Nursing Board has jurisdiction over the complaint, a copy of the complaint will be sent to the CRNA within 60 days of receipt of the complaint.
Preliminary Investigation
An investigation will begin once the State Nursing Board determines they have jurisdiction and notifies the CRNA.
During the investigation period, the CRNA, who is the subject of the complaint, will have the opportunity to submit a written response to the complaint. The written response must be submitted within 30 days of receipt of the complaint. The complainant will receive a copy of the CRNA's written response when it is received.
There is no circumstance where you should reply to the State Board of Nursing without the assistance of a professional licensed defense attorney. If a complaint has been filed against you, it may seem like no big deal. You have a reasonable explanation, but you cannot guarantee the State Board of Nursing will agree with your side of the story. The Lento Law Firm Professional License Defense Team can help you draft a persuasive response to help you achieve an immediate dismissal of the complaint against you.
First Review and Determination
When the investigation is completed, the Complaint Coordinator will send the entire complaint file to the State Board of Nursing for a preliminary review. The review will occur at the State Board of Nursing's next scheduled meeting. At this first review, the board will discuss the facts of the case and review the full case file; it will then decide to take one of the following actions:
- Dismiss the complaint
- Request further investigation
- Issue a Letter of Concern
- Order an Informal Conference to further discuss the complaint
- Order an Adjudicatory Hearing
If the complaint against you is dismissed, no further action will be taken, and a notice of the dismissal will be sent to you and the complainant.
Further Investigation and an Informal Conference
If the State Nursing Board finds merit to the claim, they may further investigate and set an informal conference with you. You are entitled to bring your legal counsel to the informal conference, and it would be wise to do just that. Your Lento Law Firm attorney can effectively convey your side of the story and present evidence on your behalf. You may also be able to present your side of the story in your own words at the informal conference if you choose, and your counsel will help prepare you for providing such testimony.
Second Review and Determination
If the State Board of Nursing finds the allegation against you to be both true and of severity to warrant disciplinary action, there are a few disciplinary actions it can choose from.
- Issue a warning or reprimand
- Enter into a consent agreement with the licensee
- Accept a voluntary surrender of the CRNA's license
- Schedule an adjudicatory hearing to pursue modification or nonrenewal of the CRNA's license
- File a complaint with the appropriate District Court to suspend or revoke the CRNA's license
A warning letter or reprimand will not affect the status of your CRNA license, but you can expect there will be no leniency if subsequent complaints are filed against you.
A consent agreement results in a license probation, which will be set for a fixed time period. During your probation, you will likely be required to take action to prove your rehabilitation or gain additional education or training. A consent agreement will end the investigation. It must be signed off on by the State Board of Nursing and the Maine State Office of the Attorney General.
A consent agreement may also be used to voluntarily surrender your license. The surrender does not need to be permanent, and all the stipulations of the surrender and relicensing will be detailed in the consent agreement.
Adjudicatory Hearing
An adjudicatory hearing will be held if you are unwilling to accept the terms of a consent agreement and the State Board of Nursing seeks to modify or not renew your license. Adjudicatory hearings are similar to court proceedings in that there are specific procedures and timelines you must comply with. Additionally, you can present evidence and are entitled to discovery and subpoenaing witnesses as you would be in a traditional court case. Just as you wouldn't go to court without an attorney, you cannot afford to go into an adjudicatory hearing without an attorney. With the specific rules of adjudicatory hearings, there is a real possibility you could lose your hearing based on a technicality, accidentally miss the deadline, or not present your case clearly and concisely.
District Court Filings and Appeals
If the State Board of Nursing recommends suspending or revoking your license, it will file with the District Court. You also may file with the District Court if you are unsatisfied with the result of your adjudicatory hearing. If you have not yet retained an attorney, it is not too late; Lento Law Firm is frequently retained during the appeal process of a disciplinary action. This is the last opportunity to get the actions against you overturned; you cannot afford to lose this chance that could impact your entire career.
Consequences of the Determination
If a complaint is pending against you or disciplinary action has been taken against you, and you move out of Maine, the State Board of Nursing will notify any state board of nursing where you next reside of the complaint or disciplinary action. Unfortunately, you cannot just ignore the complaint and hope it goes away or move away to avoid the problem. Effective counsel at the Lento Law Firm can help you face this difficult and emotional time. We will do everything in our power to eliminate or minimize the long-term consequences of the action against you.
Areas Our Professional License Defense Team Serves
The Lento Law Firm has represented CRNAs throughout the state. Particularly, we have worked with numerous CRNAs in the following healthcare systems: Franklin Memorial Hospital and Franklin Community Health Network, LincolnHealth, Maine Behavioral Healthcare, MaineHealth Care at Home, Maine Medical Center, Memorial Hospital, Mid Coast–Parkview Health, NorDx, Pen Bay Medical Center, Waldo County General Hospital, Southern Maine Health Care, Spring Harbor Hospital and Stephens Memorial Hospital and Western Maine Health Care. While most of our clients have been in Maine's larger cities, including Portland, Lewiston, and Bangor, our Team can support you regardless of where you are located in Maine.
How the Lento Law Firm Professional License Defense Team Can Help
Having a CRNA license defense attorney on your side can be the difference between returning to life as normal and losing your license. Often, people don't realize they can have an attorney in disciplinary proceedings before their licensing board and end up going into the process alone. Exercising your right to an attorney and retaining the Lento Law Firm ensures that your rights are preserved from the very beginning.
The Lento Law Firm will learn everything there is to know about your case and present the best possible defense from the first written answer to the complaint all the way through the appeal process if necessary. Retain the Lento Law Firm today, and our Professional License Defense Team will begin fighting for you immediately. Call us at 888.535.3686 or contact us online to schedule a consultation.
