The Lento Law Firm Defends Vermont Licensed Nursing Assistants (LNAs)
Vermont's beautiful natural environment enhances the attractions of serving as a licensed nursing assistant (LNA) in one of the state's charming cities like Burlington, Essex, South Burlington, or Colchester. Those attractions exist whether your nursing assistant work is at one of Vermont's hospitals or medical centers like Northeastern Vermont Regional Hospital, Southwestern Vermont Medical Center, UVM Health Network - Central Vermont Medical Center, or the University of Vermont Medical Center, or through one of Vermont's home health agencies like Home Care Assistance of Greater Burlington, Central Vermont Home Health & Hospice, or Griswold Home Care for Northern Vermont. In choosing Vermont, you chose a good place to be a licensed nursing assistant.
Vermont licensed nursing assistants can also attend nursing schools located in the state to advance their nursing education toward an LPN or RN degree, at colleges and universities like the University of Vermont, Castleton University, Norwich University, Vermont Technical College, and Aspen University. The Vermont Board of Nursing welcomes applications not just for nursing assistant licensure but also LPN and RN licensure.
Unfortunately, professional disciplinary charges threaten these attractive employment and nursing education opportunities in Vermont. If you face Vermont Board of Nursing disciplinary charges against your nursing assistant license, retain the skilled and experienced representation of the Lento Law Firm's premier Professional License Defense Team. Our attorneys are available to you in Burlington, Essex, South Burlington, Colchester, and other Vermont locations. Call 888.535.3686 or chat with us now for Vermont licensed nursing assistant defense.
Vermont LNA Discipline's Nationwide Stakes
Vermont recognizes nursing assistant reciprocity. Under 26 Vermont Statute Section 1643, nursing assistants licensed in another state may license by endorsement in Vermont without repeating their nursing assistant training and examination. Reciprocity saves a nursing assistant time, trouble, and expense when moving from state to state to work. Yet if you suffer nursing assistant discipline in Vermont, and Vermont officials revoke or suspend your license, you won't gain licensure by endorsement in reciprocating states. Reciprocal licensure raises the stakes when discipline occurs. You may not be able to work as a nursing assistant across the country if you suffer nursing assistant discipline. Let our Defense Team help you defend your LNA disciplinary charges.
Vermont LNA Registration
Under 26 Vermont Statute Section 1644, Vermont requires that you license as a nursing assistant to practice as a nursing assistant anywhere in the state. If you practice nursing assistant services without a license, the same statute provides that both you and your employer are subject to the penalties of 3 Vermont Statute Section 127, including a fine of up to $5,000. You had to obtain a Vermont nursing assistant license to work in the state in that capacity, and you must retain your LNA in good standing to continue your work. Reputable employers are well aware of the licensing requirement and will not violate the statute and subject themselves to regulatory fines. Defend your LNA credential. You need it for LNA employment.
Vermont LNA Registration Purposes
Vermont's nursing assistant licensure provisions have a dual purpose. The first purpose is to protect patients, residents, and the public against incompetent nursing assistant services by unfit, impaired, or dishonest individuals. The second purpose is to qualify Vermont hospitals, medical centers, nursing homes, assisted living centers, and home health agencies for federal reimbursement of covered services. Federal regulations prohibit those payments unless the employers comply with state nursing assistant training, examination, licensure, and discipline schemes designed to qualify employers for federal funding. Respect your employer's need that you retain your nursing assistant licensure. Your employer made need that federal funding to pay you for the nursing assistant services you provide to patients and residents.
Vermont LNA Qualifications
The federal regulations that Vermont's nursing assistant licensing scheme meets for federal reimbursement of nursing assistant employers dictate LNA training and examination requirements. You had to complete at least seventy-five hours of classroom and clinical instruction, pass the licensing exam, and fulfill a work experience to obtain your nursing assistant license. Your studies had to include all the subjects the federal government determines qualify a nursing assistant as competent. Those subjects include basic nursing skills like taking vital signs, basic personal care like bathing and other hygiene, basic restorative care, communication skills, resident rights, mental health, care of the cognitively impaired, social service needs, and patient lifting and transfer. You worked hard to meet the many nursing assistant training and examination requirements. Don't lose your investment to disciplinary charges.
Vermont LNA Disciplinary Authority
Under 26 Vermont Statute Section 1582, the Vermont Board of Nursing has the authority to discipline a licensed nursing assistant for violating one or more of the Board's LNA standards. The statute, applying both the LNAs and others engaged in nursing practice, from LPNs to RNs and advanced practice nurses, states, “The Board may deny an application for licensure, renewal, or reinstatement; revoke or suspend any license to practice issued by it; or discipline or in other ways condition the practice of an applicant or licensee upon due notice and opportunity for hearing if the person engages” in conduct the statute lists. Don't doubt the Board's authority to revoke or otherwise affect your nursing assistant license. The Board has the power, personnel, and commitment to do so if you do not make an effective defense to your disciplinary charges. Let our Defense Team help.
Vermont LNA Disciplinary Decisions
If Vermont's Board of Nursing disciplines you for nursing assistant misconduct, you won't be able to hide the discipline. The Board publishes discipline decisions online. Look at the 2022 online list, and you'll see more than a dozen nursing assistants suffering discipline, together with the details of their wrongs. Those wrongs include things like recording vital signs without having taken them, suffering felony drug convictions, having substance abuse issues, financially exploiting patients, and other things no nursing assistant would want the public to see. You can't keep discipline secret. Fight the disciplinary charges up front rather than let discipline not only cost you the license and your job but also ruin your reputation.
Vermont LNA Disciplinary Sanctions
The Vermont Board of Nursing has broad discretion in how it sanctions you for discipline. Recall the brief indication above that 26 Vermont Statute Section 1582 authorizes the Board to “deny an application for licensure, renewal, or reinstatement; revoke or suspend any license to practice issued by it; or discipline or in other ways condition the practice of an applicant or licensee” when finding misconduct. Losing your nursing assistant license is certainly possible. Revocation means permanent loss, while suspension means losing the license for a definite period or until you satisfy conditions. In either case, you lose your nursing assistant job and practice with the revocation or suspension. Another statute applicable to the regulation of all professions, 3 Vermont Statute Section 129, details the above sanctions and many others.
That Vermont LNA discipline isn't an all-or-nothing proposition is to your benefit. The Board may discipline in several other ways including by imposing conditions. When you retain our Defense Team, our attorneys may have the opportunity to reach out to Vermont disciplinary officials to advocate and negotiate for alternative special relief that will retain your license. Your primary objective is generally to keep the license so that you can keep your job. The Board may accept a win-win proposal in which the Board dismisses the disciplinary charge against you in exchange for your consent to complete remedial education or training, attend substance-abuse classes, complete a medical review and course of treatment, gain reasonable accommodations for a disability, or take other steps well within your control and of benefit to you. Let us help.
Grounds for Vermont LNA Discipline
The Vermont Board of Nursing must state the specific statutory grounds on which it seeks to discipline you. The Board cannot discipline on just any grounds that it makes up. Two statutes list the permissible disciplinary grounds. The first statute, 26 Vermont Statute Section 1582, applies only to nurses, including licensed nursing assistants. The second statute, 3 Vermont Statute Section 129, has a list of disciplinary grounds twice as long as the first. Consider below all those grounds, together with ways in which we may be able to help defend you.
Dishonesty as Grounds for Vermont LNA Discipline
Vermont's two disciplinary-grounds statutes prohibit several forms of dishonesty. Dishonesty can lead to patient or resident harm and public mistrust. Defense of those grounds may involve proving that the LNA did not make the statement or that the LNA made the statement reasonably believing it to be true. Dishonesty grounds for discipline include:
● making a false or fraudulent statement, forging a representation, or having another do so in your place, to gain or attempt to gain registration or to renew a license;
● submitting any fraudulent or deceitful information or documents in license applications or in disciplinary proceedings before the board;
● using one's license in a fraudulent or deceptive manner, such as through deceptive advertising, to deceive, defraud, or harm patients or members of the public;
● promoting a therapy or treatment in deceptive ways, such as suggesting that the therapy or treatment has reliability or efficacy it does not have; and
● deliberately submitting false nursing or medical reports or records, deliberately preventing others from making proper reports or records, or deliberately failing to file proper reports or records.
Drug Issues as Grounds for Vermont LNA Discipline
Vermont's two disciplinary-grounds statutes prohibit several forms of drug-related misconduct. Drug crimes can be dangerous to patients, residents, and the public. Defense of drug crimes may involve proving that the nursing assistant did not divert, use, or possess drugs, that witnesses misidentified the nursing assistant, that others took any missing drugs, or that the nursing assistant did only as reasonably instructed by supervisors. Drug-related misconduct includes:
● the nursing assistant diverting drugs or drug-related equipment or supplies for unauthorized use by others;
● when a nursing assistant distributes or administers any controlled substance for the nursing assistant's own use or for use by an immediate family member; and
● if the nursing assistant signs a blank prescription form or carelessly fails to arrange for proper means of prescribing.
Confidentiality Breaches as Grounds for Vermont LNA Discipline
Vermont's two disciplinary-grounds statutes prohibit “violating confidentiality by inappropriately revealing information or knowledge about a patient or client.” Employers of nursing assistants have special concerns over HIPAA violations because of the potential regulatory penalties, public condemnation, and individual harm. Defenses of confidentiality breach disciplinary charges may involve showing that the information was not confidential, the nursing assistant did not disclose the information, others disclosed the information, exemptions authorized the disclosure, or the patient or resident consented to the disclosure.
Unauthorized Practice as Grounds for Vermont LNA Discipline
Vermont's two disciplinary-grounds statutes prohibit several forms of unauthorized practice. Unauthorized practice can expose patients to unqualified or incompetent services and resultant harm. Defense of unauthorized practice charges may involve showing the nursing assistant did not engage in the alleged practice or did so reasonably following supervisor instructions. Unauthorized practice charges may include:
● when the nursing assistant knowingly assists another nursing assistant or other healthcare provider who is not authorized to practice within the;
● when the nursing assistant allows another person or group to use the nursing assistant's name or license when the assistant is not responsible for or monitoring the care or treatment;
● when the nursing assistant delegates professional responsibilities to another individual whom the nursing assistant knows or should know is unqualified to perform them;
● when the nursing assistant knowingly supervises or serves as a preceptor for an unlicensed or unregistered person, violating the laws of that person's profession; and
● when the nursing assistant provides care or treatment beyond the scope of the nursing assistant's education, training, or experience.
Sexual Misconduct as Grounds for Vermont LNA Discipline
Vermont's two disciplinary-grounds statutes prohibit several forms of sexual misconduct. Sexual misconduct can harm patients or residents and exposes the profession to public mistrust and condemnation. Defenses may involve proof that the nursing assistant did not commit the sexual misconduct, the complaining witness misidentified the nursing assistant, or the nursing assistant's actions were therapeutic within the profession's standards, such as for bathing or similar hygiene and that the patient or resident misconstrued the actions. The charges may include:
● exploiting the nursing assistant's relationship with the patient, including making any sexual contact with a patient;
● exploiting a patient or coworker in ways that threaten their health, safety, or welfare;
● when the nursing assistant fails to maintain appropriate professional boundaries; and
● if the nursing assistant violates the patient's reasonable expectation of privacy without reasonable therapeutic grounds.
Abuse or Neglect as Grounds for Vermont LNA Discipline
Vermont's two disciplinary-grounds statutes prohibit several forms of abuse and neglect. Abuse and neglect harm patients and residents while exposing the profession to public mistrust and condemnation. Defenses may involve showing the nursing assistant did not commit the alleged acts and was not in charge of the patient or resident. Charges may include:
● when a nursing assistant abuses or neglects a patient;
● when a nursing assistant misappropriates a patient's property;
● when a nursing assistant fails to report any violation of the board's rules;
when a nursing assistant abandons a nursing assignment without advising supervisors; and
when a nursing assistant fails to appropriately safeguard a patient against plain risks of incompetent care.
Unfitness as Grounds for Vermont LNA Discipline
Vermont's two disciplinary-grounds statutes prohibit “practicing the profession when medically or psychologically unfit to do so.” Unfit practice can harm patients and residents. Defenses may involve proving that the nursing assistant didn't have the impairment authorities allege.
Criminal Conviction as Grounds for Vermont LNA Discipline
Vermont's two disciplinary-grounds statutes include criminal conviction among the disqualifying grounds. The conviction, though, must either be a felony conviction or relate to the practice of the profession. In determining whether a conviction should disqualify the nursing assistant, the Board may consider “the nature and seriousness of the conviction, the amount of time since the commission of the crime, the relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession, and evidence of rehabilitation or treatment.” Failing to report a conviction is a related disciplinary ground. The defense may involve showing that the nursing assistant did not suffer the conviction or has rehabilitated since the conviction, or that the misdemeanor conviction did not relate to nursing practice.
Financial Exploitation as Grounds for Vermont LNA Discipline
Vermont's two disciplinary-grounds statutes prohibit the financial exploitation of a patient or resident. Financial exploitation harms patients and residents and triggers public suspicion and mistrust. Defenses may involve showing that the nursing assistant did not do as alleged, others took the property, or the nursing assistant followed the patient or resident's requests or employer protocols to secure property. Charges may include:
● when a nursing assistant exercises undue influence over a patient or takes improper advantage of the patient;
● when a nursing assistant promotes services or goods in ways that exploit a patient for financial gain;
when a nursing assistant promotes another treatment provider who is selling drugs, devices, appliances, or goods in ways that exploit the patient for the financial gain of the treatment provider; and
● when a nursing assistant sells, prescribes, gives away, or administers drugs for any other reason than the drug's legitimate therapeutic purposes.
Vermont LNA Hearing Procedures
You will have substantial opportunities to challenge the Vermont Board of Nursing's disciplinary charges. Under 26 Vermont Statute Section 1582, the Board may discipline a licensed nursing assistant only “upon due notice and opportunity for hearing….” Notice and opportunity for hearing are the two hallmarks of constitutional due process. To deny you the property and liberty right in your nursing assistant license, the Board has the constitutional duty to do as the statute assures you it will. Another statute applicable to the regulation of all professions, 3 Vermont Statute Section 129, details both the powers that the Board has in a disciplinary proceeding and the procedure it must follow.
Vermont Board of Nursing LNA Disciplinary Powers
Board of Nursing powers under 3 Vermont Statute Section 129 include the authority to issue subpoenas to compel witness attendance and procure documentary evidence, take depositions before the hearing to learn what witnesses know and preserve their testimony, and administer oaths so that sworn witness testimony is subject to penalties of perjury. Our Defense Team can put those powers to work for you.
Vermont Board of Nursing LNA Disciplinary Procedures
Board of Nursing procedures under 3 Vermont Statute Section 129 include the Board's obligation to notify you of the disciplinary charges in writing. The Board must share with you its investigation report detailing the evidence against you. A hearing officer then conducts the hearing at which you have the right to present evidence and challenge the evidence against you, including by cross-examining witnesses. The officer must record the hearing for later review and appeal. Within sixty days of the hearing's conclusion, the officer must transmit the disciplinary recommendation to the full Board of Nursing. The Board may take additional evidence before deciding on the discipline to impose. Vermont's courts have only limited authority to review and reverse administrative agency adjudications. But these procedures give our Defense Team substantial strategic opportunities to help you put your best defense forward.
Premier Vermont LNA Defense Available
The Lento Law Firm's premier Professional License Defense Team is available in Burlington, Essex, South Burlington, Colchester, and other Vermont locations for your licensed nursing assistant defense. Hundreds of professionals nationwide have successfully trusted the Lento Law Firm for the defense of disciplinary charges. Call 888.535.3686 or chat with us now.
