The Vermont Board of Nursing (referred to going forward as “the Board”) is responsible for licensing and disciplining nurses in the Green Mountain State. The collection of state laws and statutes granting the Board its powers and duties is the Vermont Nurse Practice Act (NPA).
The Vermont NPA addresses numerous topics. For example, the Vermont NPA defines the types of violations and unprofessional conduct that can give the Board reason to take disciplinary action against a nurse’s license.
Do you need assistance with a case involving an alleged violation of the Vermont NPA? If so, our Professional License Defense Team at the LLF National Law Firm is available to review your case, answer your questions, and provide the quality Vermont nurse license defense services you deserve. Learn more about how we may help with your case by submitting your information through our convenient online contact form or by calling our offices today at 888-535-3686.
The Nurse Practice Act in Vermont Defines Unprofessional Conduct in the Nursing Profession
The Vermont NPA grants the Board the authority to take various forms of disciplinary action against a nurse’s license. These include:
- Denying an application for a new license or a renewed license
- Suspending a license
- Revoking a license
- Limiting/restricting a license
Those are just common examples. The law states the Board may “discipline in other ways” a nurse who violates relevant laws or rules, indicating the Board has substantial flexibility in regard to choosing how to discipline nurses.
Under the Vermont NPA, the Board may discipline a nurse for engaging in unprofessional conduct. The Vermont NPA defines unprofessional conduct for nurses as the following:
- Engaging in fraud when procuring or attempting to procure a nursing license
- Diverting drugs or supplies for unauthorized purposes, or attempting to do so
- Engaging in conduct that’s likely to defraud or otherwise deceive the public
- Willfully failing to properly file or record medical reports, willfully interfering with or obstructing the filing or recording of necessary reports, or inducing someone else to omit reports that should be filed
- Submitting any information or records to the Board that are fraudulent or deceitful in nature
- Leaving a nursing assignment without alerting other personnel accordingly
- Revealing information or knowledge about a patient in a way that constitutes a violation of their confidentiality and/or privacy rights
- Knowingly aiding or abetting someone who is practicing health care in the state without a valid license
- Not properly complying with Vermont’s Patient Bill of Rights or other such applicable laws
- Engaging in sexual misconduct that can exploit the inherent power imbalance in the nurse-patient relationship (which can include having sexual contact not just with patients, but with surrogates and relevant third parties)
- Subjecting a patient to abuse or neglect
- Misappropriating a patient’s property
- Failing to properly report to the Board any violations of the rules
- Failing to take necessary action to keep a patient safe from incompetent healthcare
Understanding the nature of the allegations against you is very important if you’re ever accused of violating the Vermont NPA. As one of the above points indicates, you also don’t have to necessarily engage in any form of active wrongdoing yourself to face disciplinary action. The Board could take discipline against your license simply because you were aware someone else might be engaging in wrongdoing but you didn’t report your concerns to the Board.
Our Professional License Defense Team at the LLF National Law Firm can help you understand why you may be facing Board discipline. More importantly, if your license is on the line, we can provide a defense rooted in our thorough familiarity with the Vermont NPA.
The Vermont Nurse Practice Act and Unprofessional Conduct for APRNs
The Vermont NPA expands on the definition of unprofessional conduct as it applies to advanced practice registered nurses (APRNs). Along with the forms of unprofessional conduct listed in the previous section of this guide, unprofessional conduct for an APRN in Vermont may consist of:
- Abandoning a patient in a manner that violates an APRN’s duty to maintain a patient-provider relationship that satisfies “the reasonable expectations of continuing care or referral.”
- Soliciting professional patronage of agents or individuals, or profiting from the acts of agents or individuals who represent themselves to be agents of the APRN in question
- Dividing the fees or agreeing to divide the fees another receives for professional services in exchange for referring a patient to them
- Practicing beyond one’s knowledge, experience, skill level, etc.
- When an APRN is practicing under a collaborative agreement, practicing beyond the scope of the collaborating provider’s practice and/or the terms of the collaborative agreement
- When an APRN is mentoring another APRN under a collaborative agreement, allowing an APRN to practice beyond the permitted scope or beyond their level of experience, training, education, etc.
- Providing (by means of prescribing, administering, etc.) prescription medications, prescription-only medical devices, or medical services in response to electronic requests (such as requests made via email or text) without taking proper steps to confirm the person making the request is who they say they are, that their diagnosis has been properly documented, and that a current medical record has been properly maintained
- In any way securing or providing a controlled substance for one’s personal use or for a family member’s use
- Signing a blank prescription form
- Signing an undated prescription form
- Administering or promoting patient goods (such as medical devices) in a manner that exploits a nurse’s power over a patient
- Providing drugs for any reasons other than legal therapeutic purposes
- Agreeing to provide labs with payments for individual patient tests or series of patient tests, unless one has taken proper steps to ensure full transparency when billing a patient
- Engaging in any form of willful misrepresentation in providing treatments
- Allowing anyone (which can include collective groups) to use one’s license when one isn’t legitimately responsible for the treatment being provided
If you’re an APRN in Vermont facing potential disciplinary action against your license for alleged unprofessional conduct, our Professional License Defense Team at the LLF National Law Firm is available to serve your needs.
Exempt Activities Under the Vermont Nurse Practice Act
Along with defining what a nurse can’t do, the Vermont NPA also establishes certain exemptions. It essentially provides clarification so nurses understand what activities they may perform in unique situations where the proper course of action may otherwise be unclear.
Per the section on exemptions, the Vermont NPA doesn’t prohibit the following
- Rendering necessary assistance in an emergency or disaster situation
- Practice of nursing that’s incidental to a nurse’s course of study when they’re actively enrolled in a relevant and Board-approved nursing education program
- The practice of any nurse who is employed by the U.S. government if said practice involves the discharge of their official duties
- The practice of a currently licensed nurse in Vermont whose initial engagement with a patient occurred in another state, if the nature or terms of said engagement require a nurse to accompany a patient and continue providing care for them in Vermont (for a maximum period of six months)
- Domestic help providing approved, relevant care for the sick
- The activities and duties of attendants in the context of attendant care service programs
- Practicing any other profession under Vermont laws, provided one has a valid and current license for said profession
- The provision of care for the sick within the accepted tenets of a religious framework by any adherents of said religion, as long as one doesn’t represent oneself as a nurse or engage in the practice of nursing as the Vermont NPA defines it
- Practicing nursing in Vermont for a maximum of 30 days per calendar year when one has an unencumbered nursing license in another U.S. jurisdiction and is practicing under the supervision of a Vermont-licensed registered nurse in the context of an educational offering
- Practicing nursing as an APRN if one has a valid license from another U.S. jurisdiction, is the appointed APRN for an athletic team traveling to Vermont, and is only providing nursing services to members of the team (which can include coaches and other non-athletes)
These exemptions provide another example of the benefits of hiring lawyers who are familiar with the nuances of the Vermont NPA. At the LLF National Law Firm Professional License Defense Team, we tailor our defense strategy to the unique needs of every client. If you’ve been accused of violating the Vermont NPA, depending on the circumstances, we may be able to show that an exemption or exception applies to your case.
What the Vermont Nurse Practice Act Says About the Nurse Licensure Compact
Under the Nurse Licensure Compact, a nurse can obtain a multistate license in their current state that allows them to practice their approved form of nursing in any other state that participates in the Compact. Because Vermont is such a state, the Vermont NPA addresses this topic. The following are a few relevant points to be aware of:
- All participating states (including Vermont) must establish valid and thorough procedures to check the criminal backgrounds of applicants for multistate licenses. Applicants for multistate licenses must often submit fingerprints or other biometric data so that licensing authorities can check FBI databases to learn more about potential criminal backgrounds.
- To receive a multistate license, a nurse must satisfy certain licensing requirements in their home state, which include graduating or being eligible to graduate from a Board-approved pre-licensure education program.
- A nurse must have or be eligible for an active, unencumbered license to be approved for a multistate license.
- A nurse generally can’t qualify for a multistate license if they’ve been found guilty (or entered a guilty plea, a plea of nolo contendere, etc.) of any felony under federal criminal law or applicable state criminal law.
- Having been found guilty, pled guilty, or otherwise been convicted of a misdemeanor related to the practice of nursing may prevent an applicant from qualifying for a multistate license. However, the law indicates that such matters may be evaluated on a case-by-case basis. Our team could potentially help a nurse with a misdemeanor conviction show they nevertheless deserve to receive a multistate license under the Vermont NPA and the Compact’s rules.
- A nurse may not qualify for a multistate license if they’re currently enrolled in an “alternative program.” The Vermont alternative program for nurses is a potential alternative to disciplinary action in which nurses who struggle with substance use disorders may receive the support they need. Such programs also typically involve monitoring nurses to ensure that they don’t pose risks to public safety.
- A nurse from outside the U.S. whose native language isn’t English and who hasn’t taught English may need to complete an English proficiency test before receiving a multistate license.
It’s worth noting that the Nurse Licensure Compact also involves the sharing of information regarding disciplinary actions. If a nurse’s license is subject to disciplinary action in Vermont, it could negatively affect their ability to practice nursing or secure employment in another state participating in the Compact.
That’s not meant to worry you if you’re currently under Board investigation for an alleged Vermont NPA violation. It’s meant to encourage you to be proactive and get in touch with our Professional License Defense Team at the LLF National Law Firm sooner rather than later.
Contact the LLF National Law Firm for Help with a Vermont Nurse Practice Act Case
There are many reasons to enlist the help of attorneys who understand the Vermont NPA and have experience handling cases like yours when facing potential disciplinary action. At the LLF National Law Firm, attorneys with our Professional License Defense Team will assist you by:
- Reviewing your case
- Answering questions about your case
- Applying our knowledge of the Vermont NPA to help you understand the charges
- Handling all correspondence with the Board during a Board investigation
Just remember that ours is a client-centric approach. The specific ways we assist you will depend on the nature of your case. The best way to find out how we can help now is by calling our offices at 888-535-3686 or submitting your information through our online form.