As a Vermont agency nurse, your role is undoubtedly fulfilling yet demanding. The physical strain, extended work hours, frequent commutes, and constant transitions between facilities can be overwhelmingly tiring. Additionally, the absence of the same benefits staff nurses enjoy adds to the challenges. Despite often going unnoticed, you consistently exert your utmost effort to protect the health and well-being of your patients. Likely, you are frequently prioritizing your patients' needs above your own. Because of your dedication, facing disciplinary action against your professional license can be disheartening.
Navigating stressful situations is part of your daily routine as an agency nurse, but grappling with disciplinary action against your agency nurse license introduces a unique set of challenges. Feeling uncertain about how to react emotionally or handle the logistics is entirely normal. Questions about the disciplinary process may be swirling in your mind, such as the individuals involved, the implications of allegations, and whether they signify a presumption of guilt. Understanding the potential consequences and how to mount a defense adds to the complexity of this already taxing situation.
The Lento Law Firm Professional License Defense Team is here to guide you through this challenging time. Our Team is skilled in addressing disciplinary action cases against Vermont agency nursing licenses. Our attorneys are well-versed in the ins and outs of the disciplinary process, potential outcomes, and the best methods for defending your Vermont agency nursing license. At the Lento Law Firm, we understand the time, energy, and finances you put into your career, as well as the importance of protecting your license. Our Professional License Defense Team is committed to vigorously defending your license. To get started with our Team, call us at 888-535-3686 or contact us online today.
Vermont Agency Nurse Regulatory Body
The Vermont Board of Nursing governs the practice of agency nursing in the state. The Board develops regulations and policies, reviews agency nursing applications, issues licenses, and addresses allegations of agency nurse misconduct. Additionally, the Board sets forth the educational requirements for all nurses and agency nurses practicing in Vermont; this includes establishing standards of care and ethical conduct all agency nurses must practice in line with.
The Board is housed within the Vermont Office of Professional Regulation, which oversees all professional licenses in the state, both within and outside of the medical field. The Office of Professional Regulation plays a role in the disciplinary processes from start to finish. As discussed in more detail in the sections below, the Office of Professional Regulation is the first stop for complaints, completes a cursory review, and sends claims against agency nurses to the Board of Nursing.
While the Board will take over the investigation of the complaint and make the ultimate decisions regarding disciplinary action, the Office of Professional Regulation will be notified of the case outcome if disciplinary action is taken. The Office of Professional Regulation uses this information to maintain a publicly accessible list of Vermont licensed professionals and verifies the status of their licenses. The Office of Professional Regulation will also provide information on the outcomes of agency nurse disciplinary actions on its websites for public review.
Vermont Agency Nursing Relevant Laws and Regulations
Agency nursing is regulated under a variety of state laws, regulations, and policies. There is one specific Vermont statute solely on nursing; this law covers all things related to the general practice of nursing. The law includes specifics on licensure for each type of nurse under its jurisdiction, including registered nurses, practical nurses, advanced practice registered nurses, and even nursing assistants. This law also outlines the Board of Nursing's authority to take disciplinary action against nurses participating in unprofessional conduct; the grounds for disciplinary action will be discussed further in the sections below.
Another important law is the Vermont Nurse Licensure Compact. As an agency nurse, you may be familiar with the Nurse Licensure Compact and may even be practicing under this law. The Nurse Licensure Compact allows registered and licensed practical nurses to obtain a multi-state nursing license, called a Compact License. With this license, the nurse can practice in any state in the United States participating in the Nurse Licensure Compact.
Vermont Agency Nursing License Disciplinary Allegations
No matter the severity of the allegation against you, it is important to take disciplinary allegations against your license seriously and immediately retain a Lento Law Firm professional license defense attorney. While you must take all allegations against your agency nursing license seriously, do not panic. When you learn that a complaint has been filed against you, there has been no determination that you are guilty, and there is no guarantee that disciplinary action will ultimately be taken against your agency nursing license. The Board cannot take disciplinary action against your agency nursing license without following specific procedures, conducting investigations, and allowing you to defend yourself. You are guilty until proven innocent, and your Lento Law Firm attorney will ensure your case is presented to maximize your chance of a favorable outcome.
Vermont Agency Nursing License Disciplinary Actions
In Vermont, there are set procedures for responding to allegations of professional misconduct by agency nurses. The disciplinary process can be long; it isn't uncommon for the process to take over a year to resolve. Your Lento Law Firm attorney can walk you through all the ins and outs of the process, but an overview is included below.
Complaint
As briefly mentioned above, the Office of Professional Regulation is the governmental body that receives complaints against agency nurses. Complaints against agency nurses are filed on the Office of Professional Regulation website. Anyone can file complaints, but generally, complaints are made by patients, the family members of patients, or an agency nurse's coworker. While complaints are typically made voluntarily, some people are mandated to report agency nurse misconduct. In Vermont, mandatory reporters are in hospitals, clinics, community mental health centers, or any other healthcare institution where the agency nurse performs professional nursing services.
When the Office of Professional Regulation receives a complaint, it screens it to determine whether the allegations in the complaint fall within its jurisdiction. If they do not, the Office of Professional Regulation will not take action; either way, the complainant will be notified of the complaint status.
If the complaint results in a case being opened, the agency nurse will be notified. The agency nurse will be given a copy of the complaint and given an opportunity to respond to it in writing.
The case will be assessed and flagged as priority or not a priority. Cases in which the allegations suggest the agency nurse's conduct presents an urgent danger to the public health, safety, or welfare, will be prioritized.
Investigation
The Office of Professional Regulation will then begin an investigation into the allegations. The investigation begins with the Office of Professional Regulation compiling a multi-disciplinary investigative team. The Team will be comprised of a case manager, an investigator, a member of the Board or a professional with an understanding of agency nursing, and a state prosecuting attorney. Investigations may take a long time to complete, depending on the case's complexity.
Every investigation is different, but generally, investigations will include collecting information from the complainant, the agency nurse, and other relevant third parties. The Team will also interview the complainant, the agency nurse, and witnesses, as well as collect written documentation, records, photos, videos, and other evidence.
Once all evidence has been collected and all interviews have been conducted, the investigative Team will meet to review the case file. If there are any additional questions or information they realize is missing, they will try to collect it now. The investigative Team will then decide if the evidence supports the agency nurse's participation in unprofessional conduct that warrants disciplinary action or if the case will be closed.
The identity of the agency nurse and all case information will be kept confidential if the case is closed. When a case is closed or if charges are being filed against the agency nurse for unprofessional conduct, both the complainant and the agency nurse will be notified by mail with information about the charges and the hearing date.
Negotiations
The agency nurse will have the opportunity to resolve the matter prior to the hearing by agreeing to a stipulation, also called a consent agreement. Your Lento Law Firm attorney is well-versed in negotiations, having negotiated with countless professional boards in disciplinary action cases. You never want to blindly sign a consent order just to end this stressful and likely painful incident.
Stipulations generally require an agency nurse to admit guilt to the charges of unprofessional conduct against them. The agreement will also have requirements for the agency nurse and potentially even license restrictions. For example, a suspension may be placed on the agency nurses' license while they complete continued educational requirements. Requirements could include having increased supervision at work.
A stipulation is a legally binding contract between you and the Board of Nursing; you must be prepared to comply with all aspects of the stipulation, or you will face disciplinary and even legal action. Your Lento Law Firm attorney will discuss all of the conditions of the agreement with you in detail and negotiate for terms you feel comfortable and able to comply with.
Hearing
The hearing will either be before the Board of Nursing or an Administrative Law Officer. Hearings are like court cases; they involve filing different motions and pleadings, exchanging evidence, and presenting your case, including examining and cross-examining witnesses as you would in court.
When the formal charges are filed against you, you will generally have 20 days to respond with an answer. Specific things must be included within the answer, including admissions or denials of each charge and a legal statement and factual basis for any defenses you intend to raise at the hearing. Your Lento Law Firm attorney will handle your answer. The answer is just the beginning of the motions and other documents that must be filed. The rules for motions, pleadings, discovery, evidence, and more are complex. If you have not yet retained an attorney, this is the time to do so. If you do not follow the hearing protocol, you may lose your case on procedural technicalities. Your license is not worth gambling on.
Determination
Following the hearing, either the Board of Nursing or the Administrative Law Officer will decide whether disciplinary action should be taken against your agency's nursing license. There are a variety of different disciplinary actions these authorities can take; such actions include, but are not limited to:
- Fines
- Warning
- Practice supervision
- Remedial coursework
- Suspension
- Revocation
Appeal
If you feel your case has been improperly decided, you have the right to appeal. Perhaps you did not have an attorney up until this point, which may have contributed to the decision you received. Hiring a Lento Law Firm attorney at this juncture can make your case more successful on appeal. Our Professional License Defense Team often joins cases at the appeal stage and has successfully gotten our clients more favorable outcomes.
There are two different appeals processes. If your hearing was before the Board of Nursing, your appeal will be filed with an Appellate Officer. If your hearing was before an Administrative Law Officer, your appeal will be filed with the Superior Court. The appeals process is similar to the hearing process, and your Lento Law Firm attorney will provide you with all the details.
Alternatives to Disciplinary Action
Under Vermont law, the Board may adopt rules “establishing a program to serve as an alternative to the disciplinary process for nurses and nursing assistants with chemical dependences or other professional license practice issues.” Under this authority, the Board established the Alternative Program, which allows agency nurses with alcohol or substance use disorders to avoid disciplinary action against their license in exchange for participation in rehabilitation programs.
The Alternative Program seeks to avoid taking nurses out of the workforce or punishing them for their wrongdoing but rather encourages the treatment and reinstatement of agency nurses while preserving public safety. If the disciplinary actions against you are a result of a drug or alcohol use disorder, the Alternative Program may be a good option for you. Still, we urge you not to enter the Alternative Program without first speaking with your Lento Law Firm attorney. Our Team will first see if you meet the qualifications for the Alternative Program, and then we will discuss the risks and benefits of participating. The Alternative Program may seem like a win-win, but there are often long-term impacts that should be considered when deciding.
Grounds for Disciplinary Action Against Your Vermont Agency Nursing License
The ethical and professional standards for nurses are, understandably, very high. Failure to comply with any nursing laws, regulations, and policies can result in disciplinary action against your Vermont agency nursing license. Vermont law permits disciplinary action against Vermont agency nurses if the nurse participates in any of the following conduct:
- Making false or fraudulent statements or representations while attempting to obtain a nursing license
- Diverting or attempting to divert drugs, equipment, or supplies for unauthorized use
- Engaged in conduct likely to deceive, defraud, or harm the public
- Willfully failing to file or record or inducing another person to fail to file or record medical reports
- Making fraudulent or deceitful submissions or records to the Board of Nursing
- Leaving a nursing assignment without properly advising personnel
- Violating patient confidentiality
- Aiding or abetting a health care provider who is not legally practicing within the state of Vermont
- Allowing another person to use their name or license when they are not in charge or responsible for the treatment given
- Failing to comply with the Patient Bill of Rights
- Sexual misconduct that exploits the provider-patient relationship, including sexual conduct with a patient or the patient's friends or family
- Abusing or neglecting a patient
- Misappropriating patient property
- Failing to protect a patient from incompetent healthcare
Consequences of Disciplinary Action Against Your Agency Nursing License
Facing disciplinary action against your nursing license can have profound and far-reaching consequences that extend beyond the immediate challenges. Restrictions on, suspensions of, or revocation of your Vermont agency nursing license will result in, at minimum, losing your current job and financial instability. When disciplinary action is taken against your license in Vermont, it will be documented not only on the Vermont Office of Professional Regulation website, as mentioned above, but also in a national database. Nursys is a national nurse licensure and disciplinary action database that potential employers will refer to in their hiring process.
Additionally, if you are practicing using the Nurse Licensure Compact, your Compact Licensure will be impacted by disciplinary action. You may lose your right to practice using your Compact License altogether. When disciplinary action is taken against you in Vermont, the consequences will not be geographically limited; you may lose your ability to practice agency nursing anywhere in the country.
In addition to losing your career and livelihood, disciplinary action may leave you with a tarnished professional and personal reputation. Moreover, the emotional toll of undergoing disciplinary proceedings can be substantial, impacting both your well-being and personal life. It is crucial to recognize the gravity of disciplinary actions against your Vermont agency nursing license and take proactive measures to address any allegations promptly. The Lento Law Firm Professional License Defense Team can help you fight for your license and limit the consequences of the allegations against you.
Why You Need the Lento Law Firm Professional License Defense Team
The Lento Law Firm Professional License Defense Team is experienced working with Vermont agency nurses who are facing disciplinary action. When your license is on the line, you cannot afford to retain counsel who is not well-versed in this area of law. When you retain the Lento Law Firm, we hear your side of the story and learn everything about your case. Our Team will then work with you to develop a strategic and effective defense to protect your license. We are here to fight for you and ensure your rights are preserved through every step of the disciplinary process. The Office of Professional Regulation and the Board of Nursing have no shortage of resources to investigate and make a case against you, and you cannot afford to go into this battle alone. Let the Lento Law Firm Professional License Defense Team be your army.
Areas We Serve in Vermont
The Lento Law Firm Professional License Defense Team has represented agency nurses all over the state of Vermont, including Burlington, Essex, South Burlington, Colchester, Bennington, and Rutland. Regardless of where you are located in Vermont, we are happy to represent you in the case against your agency nursing license.
The agency nurses we represent have come from various healthcare settings, from hospitals to nursing homes and everything in between. Our agency nurse clients have worked in numerous healthcare systems, including the University of Vermont Health Network, Gifford Health, Mayo Healthcare, Copley Health Systems, Southwestern Vermont Health Care Corporation, and more.
The Professional License Defense Team for Vermont Agency Nurses
No threat against your Vermont agency nursing license is worth fighting alone. You have too much on the line not to hire a Lento Law Firm Professional License Defense Team attorney who will zealously fight for your agency nursing license, livelihood, and reputation. Agency nursing is a hard and incredibly important job. We will do everything in our power to ensure your license is preserved and you can return to serving our community as soon as possible. To retain the Lento Law Firm Professional License Defense Team, call us at 888-535-3686 or contact us online today.
