Licensed practical nurses (LPN) are crucial to our healthcare system. As an LPN, you support physicians and patients alike, keeping your workplace running smoothly and patients on the mend. At the Lento Law Firm, we know our LPN clients frequently put their patients' needs above their own and treat every patient as they would their own family. When you display such an unwavering commitment to your job, it can be devastating to learn a complaint has been filed against you and your Virginia LPN license.
While the complaint against you may be baseless or seem like no big deal, any complaint against your Virginia LPN license should be taken seriously. The Virginia Board of Nursing takes all complaints seriously, and you need someone to protect your license. The Lento Law Firm Professional License Defense Team will vigorously advocate for you and your Virginia LPN license. Call the Lento Law Firm today at 888-535-3686 or contact us online.
Virginia Licensed Practical Nurse Regulatory Body
The Virginia Board of Nursing regulates LPNs and all other types of nurses. It is responsible for setting the educational and licensure requirements and the professional standards of care for every kind of practitioner. The Board of Nursing is housed within the Virginia Department of Health Professions. Both the Board of Nursing and the Department of Health Professions have a role in the LPN disciplinary action process and have specific staff designated to disciplinary action. The role of each will be discussed in the sections below.
Virginia Licensed Practical Nurse Disciplinary Action Process
The LPN disciplinary action process can be long and taxing. In the best scenario, a case will end in a few weeks or months; at worst, it can take over a year to resolve your case. At the Lento Law Firm, we know this process feels overwhelming, but we will support you every step of the way and fight relentlessly for your Virginia LPN license. There are many steps and possible outcomes involved in the disciplinary process. Your Lento Law Firm attorney will discuss these with you, but below is a brief overview.
Complaint
All complaints against LPNs are filed with the Department of Health Professions Enforcement Division. Complainants can submit their complaints online, by mail, fax, or by phone. The Enforcement Division will accept anonymous complaints, but this practice is not encouraged.
The first action the Enforcement Division will take is to record the complaint in the Health Professions tracking system. This internal database includes the complaints of all healthcare professionals in Virginia. The Enforcement Division will assign the complaint to a Complaint Intake Analyst. This person will review the complaint to ensure the complaint alleges misconduct that is a violation of relevant nursing laws and regulations and is within the Enforcement Division's jurisdiction. For example, a complaint isn't appropriate when an LPN has been rude to a patient because this is not a violation of nursing laws; on the other hand, if the LPN has verbally abused a patient, this could be a violation.
If the Complaint intake analysts believe the case has merit or more information is needed, they will consult with the Board of Nursing. The Board of Nursing will tell the Complaint Intake Analyst whether an investigation is appropriate or if the case should be closed. When the Board of Nursing requests an investigation, the Enforcement Division will conduct it.
Do not wait to retain counsel if you know that a complaint has been filed against you with the Enforcement Division. The Lento Law Firm Professional License Defense Team will begin working immediately to mitigate any potential actions against you and get the case dismissed as early as possible.
Investigation
Because the Enforcement Division oversees complaints from all healthcare professionals in the state, it prioritizes case investigations based on the severity of the alleged misconduct. The Enforcement Division investigator will immediately assign the complaint to priority levels A, B, C, or D.
Once the Enforcement Division begins its investigation, it will interview the relevant parties and collect evidence. You should never speak to the investigator without consulting your Lento Law Firm attorney. The investigator may act like your friend and encourage you to divulge information that could damage your case. Your Lento Law Firm attorney knows all their tricks and will guide you in answering questions in a manner that presents you in the best possible light.
Board of Nursing Investigation Review
After the Enforcement Division finishes its investigation, it will draft a written report with its findings and send it to the Board of Nursing. The Board of Nursing will review the report. Based on the information in the report, it will decide if there is probable cause; if so, it will continue to pursue the case. If no probable cause is found to support the allegations against you, the Board of Nursing will dismiss the complaint against you with no action taken.
During the Nursing Board Review, the following steps will be determined: offering a consent order (a settlement), requesting an informal conference (this is like mediation), or setting a formal hearing.
The Board of Nursing can issue a summary suspension in the most serious cases. For example, your license may immediately be suspended before the case's conclusion if you have been convicted of a felony, your LPN license has been suspended or revoked in another jurisdiction, or you have been declared legally incompetent. They may also issue this suspension if they believe your continued practice threatens public health and safety.
To issue a summary suspension, the Board of Nursing must vote on the matter; no formal hearing is required before issuing the suspension, but it is obligated to schedule a formal hearing promptly. If the Board of Nursing has issued a summary suspension of your license, particularly if they have not scheduled a prompt formal hearing, you need the Lento Law Firm to advocate on your behalf. Your Lento Law Firm attorney will ensure your rights are preserved throughout this process and help you restore your LPN license immediately.
Informal Conference
In most situations, the Board of Nursing offers you the opportunity to attend an informal conference with the Board of Nursing members. You are entitled to, and absolutely should, have your Lento Law Firm attorney present at this conference. The informal conference is extremely important; it is your chance to share your side of the story, argue your case, and negotiate and mitigate the outcome of your case. While the term informal suggests the meeting is casual, do not make the mistake of being unprepared.
Your Lento Law Firm attorney will know everything about your case in advance and have a strategy for leaving the informal conference with a settlement that you are comfortable with. Our Professional License Defense Team is skilled at negotiating with nursing boards in disciplinary actions.
The Board of Nursing has a few things it may offer you during the informal conference. It will likely offer you a settlement, which is codified in a consent order. A consent order could include accepting a reprimand, paying monetary penalties, or even agreeing to conditions or restrictions on your license. In the best cases, you may convince the Board of Nursing that no action is necessary in your case. The informal conference is not the time to take matters into your own hands; call the Lento Law Firm.
The Board of Nursing will draft and approve a consent order if a settlement is reached. Consent orders are formal documents; you will sign this document, and it is a legally binding contract between you and the Board of Nursing. Consent orders are part of the public record, meaning future employers and the public can see this form of disciplinary action against you and your LPN license.
Formal Hearing
If you are unable to come to an agreement during the informal conference, the Board of Nursing will schedule a formal hearing. A formal hearing is like a trial with specific policies and procedures that must be followed. It is crucial you do not represent yourself in the formal hearing; you do not want to lose your case on a technicality. Fortunately, your Lento Law Firm attorney is well-versed in all the procedures required to successfully present your case in the formal hearing. Your Lento Law Firm attorney will present your defense, examine and cross-examine witnesses, and provide evidence.
Determinations
The Board of Nursing has many options it can take following the formal hearing. If the Board of Nursing believes there is insufficient evidence that you have violated the law, it will dismiss the case. If the Board of Nursing finds there has been a violation of relevant nursing laws or regulations, it can order the following against you and your Virginia LPN license:
- Consent Agreement
- A consent agreement is a settlement that is kept confidential between you and the Board of Nursing. The agreement is essentially a warning because it will be public or impact your ability to practice. You will admit to some level of misconduct and agree to practice by all laws and regulations going forward. Consent agreements are generally offered when your misconduct did not cause injury to a patient, and the Board of Nursing believes there is minimal likelihood of a re-offense.
- Reprimand
- A reprimand is a public admonishing of you for participating in misconduct by the Board of Nursing. Reprimands have no impact on your license or ability to practice.
- Monetary Penalty
- A monetary penalty can be an individual punishment or concurrent with other disciplinary action. When you are ordered to solely pay a monetary penalty, there is no impact on your LPN license or ability to practice.
- Imposition of Terms and Conditions to Practice
- The Board of Nursing may allow you to retain your Virginia LPN license while imposing terms and conditions to your continued practice. The terms and conditions of your continued practice are corrective actions. For example, the Board of Nursing may require you to take additional training or impose educational requirements. These terms and conditions will be publicly available.
- Limited Practice Privileges
- Limited practice privileges allow you to retain your LPN license and continue practicing, albeit with temporary restrictions on your license. For example, restrictions may include supervision in administering certain medications or only practicing with full supervision.
- License Suspension
- The Board of Nursing can suspend your license for a specific period and may require you to take corrective actions before you can restore your license to active status in good standing.
- License Revocation
- The Board of Nursing will revoke your license in the most severe cases.
Appeals
You have the legal right to appeal any decision the Board of Nursing has taken against you, except when you have entered into a consent agreement or consent order. Having disciplinary action taken against your LPN license can be devastating, and you are likely emotionally exhausted from the disciplinary process, but you need to act fast. You only have 33 days after you receive the Board of Nursing's final determination to file an appeal. Appeals must be filed in the circuit court in your jurisdiction; appeals are formal court proceedings. If you want to appeal the Board of Nursing's decision, call the Lento Law Firm today.
Many LPNs go through the disciplinary process independently and are frustrated with the Board of Nursing's decision. All hope is not lost if an attorney has not yet represented you. Our Professional License Defense Team frequently gets involved in cases for the first time at the appeals stage with successful results for our Virginia LPN clients.
Grounds for Disciplinary Action Against your Virginia Licensed Practical Nurse License
Any violation of Virginia nursing laws and regulations can be grounds for disciplinary action against your Virginia LPN license. Common misconduct that results in disciplinary action include:
- Patient abuse or neglect
- Practicing while impaired by drugs, alcohol, or mental incompetence
- Inappropriate relationship with a patient
- Theft or misappropriation of patient property
- Insurance fraud
- Misappropriation or diversion of prescription drugs
- Criminal conviction
Areas We Serve in Virginia
The Lento Law Firm has represented LPNs all over Virginia, including Virginia Beach, Chesapeake, Norfolk, Arlington, and Richmond. Our LPN clients worked in a variety of healthcare settings, from home health to hospitals and everything in between. The nurses we represent often work in Virginia's largest healthcare systems, such as Inova Health System, Sentara Hospitals, and Valley Health. Wherever you are in the Commonwealth, the Lento Law Firm can help.
Retain the Lento Law Firm Professional License Defense Team
You need the best defense when your Virginia LPN license is on the line. The Lento Law Firm Professional License Defense Team will handle your case from start to finish and ensure your rights and license are preserved. To retain the Lento Law Firm, call 888-535-3686 or contact us online.
