Nurse practitioners strive daily to do good work that helps those around them. However, Washington allows anyone in the state to file anonymous complaints that put nurse practitioners at risk of losing their ability to work. Investigations into misconduct may result in the suspension or revocation of your license, and you deserve attorneys who will do everything in their power to prevent that from happening.
After all the work you put in to become a nurse practitioner, you shouldn't leave anything on the table when it comes to your defense. Contact the Lento Law Firm Professional License Defense Team at 888-535-3686 or through our confidential online form.
Who Oversees Licensing for Nurse Practitioners in Washington?
Recently, Washington joined the Nurse Licensure Compact (NLC), joining many other states in the country. Through this process, the Washington State Nursing Commission changed its name to align with NLC standards. The Washington State Board of Nursing now oversees and regulates nurses and their licenses, including nurse practitioners and other advanced designations.
This recent change means there may be some confusion regarding the communication and guidance the Board of Nursing sends to licensed nurse practitioners in the state. If you are accustomed to receiving official communication from the Nursing Commission, you may not immediately realize that a formal complaint notice is legitimate. If the Board of Nursing has sent you any communications indicating investigations into your license, contact the Lento Law Firm to start crafting a defense from day one.
Allegations of Misconduct That Can Lead to Disciplinary Actions
Through your work as a nurse practitioner, it isn't out of the question that mistakes will happen. Minor infractions will not typically result in serious risks to your license, but you should take all notices of complaints against you very seriously. Common allegations that might lead to restrictions on your license include:
- Inability to practice safely
- Fraud
- Violation of federal or state regulations and laws
- Substance abuse
- Criminality
- Negligence
- Prescription drug errors
- Poor patient care
- Substandard recordkeeping
- Working beyond the scope of your authority as a nurse practitioner
The Lento Law Firm can work with you as soon as you receive a complaint notice from the Board. OurProfessional License Defense Team has many years of experience crafting defenses for nurse practitioners in Washington facing pending disciplinary action.
Potential Disciplinary Outcomes
The Washington Board of Nursing is tasked with keeping the public safe from misconduct by disciplining nurse practitioners and attempting to improve their behavior. The eventual outcomes of investigations into your conduct can vary significantly depending on severity, intent, and perceived danger to the public. Common disciplinary actions include:
- Educational classes
- Supervision
- Probation
- Restrictions on ability to work
- Monitoring and reports by your employer
- License suspension
- License revocation
As you can see, disciplinary action does not always mean losing your license. The Board of Nursing attempts to balance public safety with the rights of nurse practitioners who may have simply made a mistake during the course of their work. Ultimately, improving a nurse practitioner's behavior and allowing them to continue helping patients is better than completely removing their ability to work in the state.
The goal of the Lento Law Firm Professional License Defense Team is to minimize the impacts of disciplinary proceedings on your license. We will defend your conduct and attempt to prevent the Board from taking drastic actions like suspensions or revocations.
What You Should Do After You Are Notified of a Complaint
Receiving notice of a complaint against you will undoubtedly come as a shock. The Washington State Board of Nursing does not immediately inform nurse practitioners of complaints; instead, it takes the time to conduct preliminary investigations into the alleged conduct. Whether or not your future as a nurse practitioner in Washington is at risk depends on the status of your complaint when the Board sends you a written notice.
In the best-case scenario, the Board's letter will inform you of a complaint and tell you they closed the matter. At this time, there is no formal investigation into your conduct. You may still be upset or confused regarding the initial complaint, but there is no immediate risk to your nurse practitioner license.
The letter you don't want to receive will inform you that a complaint against you has escalated into an investigation. The Washington Board of Nursing states that only 35 percent of complaints result in investigations, meaning the risks to your license could be high. At the very least, complaints that reach this point are not entirely frivolous.
As soon as the Board of Nursing notifies you of an investigation, you have the right to hire an attorney who will correspond with the Board for all future matters. In fact, the Board recommends that all healthcare workers in the middle of the disciplinary process hire an attorney to represent them. The stress, complexity, and length of the process are difficult for one person to manage independently.
The Lento Law Firm has helped nurse practitioners nationwide secure the best possible outcome from their disciplinary processes. If you waited after receiving your complaint and didn't promptly seek legal representation, time is of the essence. Our Professional License Defense Team can get to work today and make sure your rights are respected during investigations.
Complaint Process Against Washington Nurse Practitioners
The complaint process against nurse practitioners in Washington is lengthy and complex. The entire process can last over a year if complaints lead to formal hearings and appeals. The Lento Law Firm can represent you during disciplinary proceedings to prevent serious action against your license and safeguard your career as a nurse practitioner in Washington.
Complaint Intake
Because anyone can file a complaint online, the Washington Board of Nursing receives over a hundred complaints every month. Reports often come from employers, patients, clients, co-workers, family, and agencies. The Board logs all complaints into a database and sends them along for further scrutiny.
Assessment
The Board assesses every complaint they receive about nurse misconduct, but that doesn't mean each one results in a lengthy investigation or disciplinary action. To start, the Board assesses whether the complaint:
- Alleges conduct that violates laws or rules, assuming the conduct happened
- Contains enough information to warrant further investigation
- Describes conduct that is not minor, isolated, or something that has already been resolved
This preliminary assessment weeds out obviously false complaints, minor infractions, or complaints about conduct that doesn't break the rules. If the Board believes action is warranted based on the alleged conduct, they will either proceed with an investigation or refer the case to two of Washington's alternative to discipline programs.
Alternative Programs
Extensive investigations and the closing of cases aren't the only two possible results of an assessment. Alternative programs that forgo disciplinary action are options for cases that fall into two distinct categories.
The Early Remediation Program aims to protect the public from substandard care and practice deficiencies by requiring nurse practitioners to undergo further training and education. A nurse practitioner is only eligible for this program if:
- Continuing to work as a nurse practitioner does not threaten public safety
- The infraction was minor and can be addressed through limited additional training
- The alleged misconduct did not result in significant harm
- The nurse practitioner is not involved in other disciplinary proceedings and has not been in the past
- The nurse practitioner is willing to cooperate and improve their behavior
A nurse practitioner who enters this program but fails to complete the requirements laid out by their case manager within six months may have disciplinary proceedings reopened once again. However, the Early Remediation Program is a great way to avoid disciplinary action if this is your first complaint and the alleged misconduct is minor.
The Board may also refer a case to the Washington Health Professional Services Support for Substance Abuse program. This program offers nurse practitioners with a substance use disorder the ability to continue helping patients while getting help for their own issues through monitoring and treatment.
As the Washington Board of Nursing knows that substance use disorder is treatable, they want to work with nurse practitioners to kill two birds with one stone. Addressing an underlying disorder will result in less risk to the public and fewer misconduct complaints. If your complaint stemmed from substance abuse, this program may allow you to avoid disciplinary proceedings.
Investigation
A complaint that warrants an investigation will be the first time the Board informs you of the ongoing process. During an investigation, investigators will gather evidence, typically including statements from witnesses, medical records, information about policies and procedures, and any other information that can shed light on the conduct. The investigation is a fact-finding mission, and any disciplinary orders will occur later when the Board scrutinizes the evidence.
Case Disposition
During this step of the complaint process, a reviewing Board member will present the evidence before a panel with the ability to close a case, begin further actions, or refer a nurse practitioner to one of the two alternative programs. The quickest disciplinary resolution is a Stipulation to Informal Disposition, which results in a nurse practitioner agreeing to terms and remedial action without admitting they committed the misconduct. Most informal actions result in probation or conditional restrictions on a nurse practitioner's license. Without this resolution, the Board begins further formal adjudication.
Legal Action and Adjudication
If you are not referred to alternative programs or do not settle your case through informal actions, you must request a hearing to preserve your rights and avoid a default order against you. However, most disciplinary proceedings never reach the formal hearing phase, as your attorney can work to acquire a settlement agreement.
If you do not settle, you will end up in a hearing, but this hearing is not a simple meeting to discuss your conduct. In fact, much of the process looks like a criminal trial, and attorneys play an important role in helping you navigate this complex situation.
The general process of a hearing includes the following steps:
- A hearing request, which is fulfilled after you do not reach a settlement
- Scheduling of important dates and deadlines that you can't afford to miss
- A discovery process where you can obtain information from the other side and start building a defense
- A motion process where you can make formal motions to a judge
- A prehearing conference to prepare for the formal hearing, which you must attend to avoid a default order
- A hearing that will include witnesses, exhibits of evidence, and arguments similar to a trial
- A decision that will sanction you, close your case, or recommend alternative disciplinary action
The Lento Law Firm can help nurse practitioners at any step of the complaint process to protect their rights or limit the potential damage to their license and professional career. Disciplinary actions against licenses are public information, and you should take advantage of everything at your disposal to prevent misconduct allegations from affecting you in the future.
Can Nurse Practitioners Appeal Disciplinary Decisions?
The Washington Board of Nursing provides nurse practitioners and other healthcare professionals the right to appeal decisions by a disciplinary committee. If you already face restrictions on your license after disciplinary hearings have ended, call the Lento Law Firm Professional License Defense Team today.
Appeals will involve filing petitions with county superior courts or appellate courts. Your case can even reach the Washington State Supreme Court if you still aren't receiving the desired outcome. It isn't an exaggeration to say that you have little to no chance of successfully appealing a disciplinary action against your license to one of these courts without hiring an experienced attorney to represent you.
The Lento Law Firm Can Help Nurse Practitioners in Washington Protect Their Licenses
Washington has a wide range of healthcare institutions, and our Professional License Defense Team has represented nurse practitioners employed by major employers across the state, including:
- Harborview Medical Center – Seattle
- Swedish Hospital First Hill Campus – Seattle
- Providence Sacred Heart Medical Center - Spokane
- MultiCare Yakima Memorial Hospital - Yakima
- PeaceHealth Southwest Medical Center – Vancouver
- EvergreenHealth Medical Center – Kirkland
- Kadlec Regional Medical Center – Richland
- St. Francis Hospital – Federal Way
- Virginia Mason Medical Center – Seattle
- MultiCare Deaconess Hospital - Spokane
The Lento Law Firm can help protect your license from allegations of misconduct no matter where you work. Contact us today to get started on your defense.
Contact the Lento Law Firm When Facing Allegations of Misconduct as a Nurse Practitioner in Washington
There isn't time to waste when the Board of Nursing informs of an investigation into your conduct. Nurse practitioners provide essential services to Washington residents and shouldn't face license restrictions or suspensions due to honest mistakes or unfounded allegations. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 or contact us through our website.
