Agency nursing is a difficult yet incredibly rewarding job. As a West Virginia agency nurse, you provide an important service to the community that deserves the utmost respect. However, being an agency nurse has significant demands; likely, you face long hours, frequent long travel, constant changes to your location of employment, and more. On top of the West Virginia agency, nurses don't always receive the same benefits as staff nurses. Patients, their families, and even their employers may take your dedication for granted, which can add to the difficulties of the job. Despite these challenges, you always put your patients' needs, safety, and well-being above all else. Because of your unwavering commitment to your patients, learning that a disciplinary complaint has been filed against you and that your West Virginia agency nursing license is upsetting.
As an agency nurse, you always deal with stressful situations, but disciplinary action against your license is a whole new type of stress. Feeling overwhelmed and unsure how to respond to the allegations against you is completely normal. You may even be feeling angry and confused. You do not need to, and should not, go through this process alone. The Lento Law Firm Professional License Defense Team is here to guide you through the entire process. During your first consultation, we will walk you through your next steps and answer any questions you may have about the disciplinary action process. Our job is to reduce your stress through this process and vigorously defend you and your West Virginia agency nursing license.
The seasoned attorneys in the Lento Law Firm Professional License Defense Team frequently represent agency nurse clients in disciplinary action proceedings. Our Team has extensive knowledge of the process and will thoroughly discuss it with you, including the information and evidence they will collect potential outcomes, and defense strategies. We want you to feel comfortable and involved every step of the way. Let the Lento Law Firm Professional fight for you. Call us at 888-535-3686 or contact us online today.
West Virginia Agency Nurse Regulatory Body
West Virginia is unique in that while many states have a singular regulatory body presiding over all types of nurses within the state, West Virginia has separate boards for different types of nurses. West Virginia has two separate boards: the West Virginia Registered Nurse (RN) Board (governing RNs and advanced practice registered nurses (APRNs) and the West Virginia State Board of Examiners for Licensed Practical Nurses (LPNs) (governing solely LPNs).
West Virginia RN Board
The RN Board comprises seven members and various support staff. A few members are heavily involved in supporting the disciplinary action process when a complaint is filed against an RN. The RN Board support staff working in this capacity include the Director of Discipline, the Board Counsel, the Compliance Coordinator, and two Nurse Investigators. The RN Board is responsible for licensure and educational requirements for RNs and APRNs, setting nursing practice standards, and addressing complaints of RN and APRN misconduct.
West Virginia State Board of Examiners for LPNs
The Board of Examiners for LPNs has nine members and a small team of support staff. Like the RN Board, the Board of Examiners for LPNs also deals with everything related to licensure and educational requirements, as well as setting standards for the practice of nursing and disciplinary action of its nurses. The Board of Examiners for LPNs also maintains a publicly available LPN licensure verification database.
West Virginia Agency Nurse License Disciplinary Allegations
Allegations against you and your West Virginia agency nursing license are just that: allegations. When a complaint is filed against you, you are not guilty and cannot be found guilty without the opportunity to defend yourself against these claims. When someone files a complaint against you, do not jump to any conclusions about the potential outcome of your case.
West Virginia Agency Nurse License Disciplinary Action
Each of the two separate West Virginia nursing boards handles complaints, each addressing complaints for nurses only within their jurisdictions. While the disciplinary process for each board may vary slightly, it generally follows the same roadmap. Your Lento Law Firm attorney will be able to specify the intricacies and slight differences in the two boards' procedures and walk you through the disciplinary process in more detail, but an overview is provided below.
Complaint
Disciplinary actions generally begin with an outside complaint being made to the relevant nursing board. Each board has its own complaint form, one complaint form for LPNs and another complaint form for RNs. Anyone can file a disciplinary complaint against a West Virginia agency nurse. Complaints are often filed by patients, their friends or families, law enforcement agencies, or other healthcare professionals or colleagues. Frequently, the complainant will be a colleague or employer of the agency nurse because they fall into the category of mandatory reporters. Nurses are required to report other nurses they believe are behaving illegally, ethically, incompetently, or violating relevant nursing laws and regulations.
Many actions can be grounds for discipline, but the Board of Examiners for LPNs states that the most common complaints are related to nurses working on an expired license or failing to comply with continued learning education requirements, the conviction of a felony or misdemeanor related to the practice of nursing, and activities related to alcohol or substance abuse, including drug diversion or misappropriation.
Complaints must be written and should contain information on the agency nurse against whom the complaint is being filed, a detailed description of the alleged misconduct, information on any witnesses or relevant parties, and any supporting documentation. When a complaint has been filed against you and your West Virginia agency nursing license, a copy of the complaint and any evidence submitted to the relevant board, along with the complaint, will be sent to you by certified mail.
When you receive the complaint against you, you will also receive information about your due process rights; this simply means that you have the right to defend yourself against these allegations. The relevant board will give you the opportunity, in person or in writing, to respond to the complaint. You should contact the Lento Law Firm Professional License Defense Team as soon as you receive the complaint. Even if the allegations against you are baseless, you must take the defense of your agency nursing license seriously immediately. The relevant board has no shortage of resources to dedicate to your case, and you need someone on your side as soon as possible.
You generally have only 14 days to respond to the complaint against you, so there is no time to waste in retaining the Lento Law Firm. We will handle your response and present a strong argument for preserving your agency nursing license. While you may be feeling overwhelmed, you should never hesitate to submit a response.
In some cases, the relevant board will issue a summary suspension upon receipt of a complaint. This is appropriate only in cases where the agency nurse poses an immediate threat to public safety. This summary suspension will last until the disciplinary process is resolved, and you cannot work or represent yourself as a nurse throughout this period.
Investigation
The relevant board will investigate any complaints that fall under its purview. Investigations will generally include interviewing you, the complainant, and witnesses. The person assigned to investigate your case will also collect any documentation or evidence, such as video, photos, or messages, that are relevant to the case. The relevant board will then review the materials collected and determine whether a violation of nursing laws or regulations has occurred or needs further investigation. If the preliminary investigation reveals no violation, the case will be dismissed, subject to a disciplinary review committee approval.
Consent Agreement
You will be notified if the relevant board, through its investigation, finds probable cause that you violated a nursing law or regulation; it may offer you a consent agreement. A consent agreement occurs when a case is uncontested, meaning you do not disagree with the facts or the allegations against you. The consent agreement can impose restrictions on your license or put your agency nursing license until you meet the requirements detailed in the agreement. These requirements can include being subject to constant supervision while practicing, limitations on practicing such as a temporary prohibition on handling or distributing certain drugs, completing additional training, or continuing learning education.
When you accept a consent agreement, you are waiving your right to a hearing and further opportunity to defend yourself. Accepting a consent order significantly decreases the length of the disciplinary process. The consent agreement is a legally binding document; if you violate the consent order, you will most certainly face additional and much more severe disciplinary and maybe even legal action by the relevant board. You should never accept a consent order without discussing it with your Lento Law Firm attorney. Your Lento Law Firm attorney will discuss the pros and cons of consent orders with you to determine if it is the best option for you.
Hearing
If you deny the allegations in the complaint and want to continue the vigorous fight to preserve your agency nursing license, your case will be scheduled for a formal hearing. Your hearing will procedurally work like a court case. There is no circumstance where you should be representing yourself at the hearing. A hearing involves filing motions, subpoenaing witnesses, sharing evidence with the opposing party, examining and cross-examining witnesses, and presenting your evidence to the relevant board. There will be an extensive discussion of the laws and regulations in question.
Numerous procedural rules for hearings must be followed; if they are not, you could lose your case on a technicality. The Lento Law Firm has extensive experience representing clients in nurse disciplinary hearings and is well-versed in the procedural intricacies.
When the hearing is completed, the relevant board will issue a Finding of Fact, Conclusions of Law, and Decision and Order of the Board.
Determinations
The relevant board can take numerous disciplinary actions against your West Virginia agency nursing license, whether through the consent agreement or its order following the hearing. The relevant board can choose one or more of the following actions.
- Reprimand. A reprimand is the least severe disciplinary action that can be taken against your agency nursing license. Essentially, it is a letter stating that you participated in some form of misconduct, but it does not warrant further action. You will definitely be on the relevant board's radar going forward, and if another complaint is filed against you, you will be facing disciplinary action.
- Probation. Probation allows you to continue working as an agency nurse with limitations on your license or requirements to complete to get off probation.
- Suspension. You cannot practice nursing if your license has been suspended. To have your license reinstated, you may be required to complete training, continued learning, or other educational requirements.
- Revocation. Revocation of your license means you will be prohibited from practicing nursing.
- Administrative fines. If the relevant board prevails in the hearing, you may be charged administrative fees for the consent agreement or the hearing. However, if you win your case, you cannot be subject to administrative fines.
Disciplinary actions taken against your license will be publicly available.
Appeals
If you feel the relevant board's decision is inappropriate, you have the legal right to appeal its final order. You only have a short window to appeal the decision, 30 days, so do not waste time; contact your Lento Law Firm attorney to discuss this option immediately. If you have not been represented by an attorney in the disciplinary proceedings against you, it isn't too late. The Lento Law Firm is frequently retained at the appeals stage. There is no shame in having gone through the disciplinary process alone, but going into an appeal on your own would be unwise. Our Team often gets more favorable outcomes for our agency nurse clients on appeal.
The appeals process is a legal court process; the appeal is filed in the relevant Circuit Court. Courts have a zero-tolerance policy for not following court procedures. Likely, you are not well-versed in court procedures. Do not risk losing your appeal because you make a mistake in your filing on day one. You need a Lento Law Firm attorney to represent you in court.
Alternatives to Disciplinary Action
In specific situations related to alcohol and substance use disorders or mental health issues, an agency nurse may qualify for an alternative to a discipline program. In West Virginia, the alternative to discipline program is called the Impaired Nurse Treatment Program (INTP). The purpose of INTP is to promote the rehabilitation of nurses suffering from alcohol, substance use disorder, or psychiatric illness and get them to a place where they can safely practice nursing and return to their employment.
Participating in INTP requires admitting guilt to violation of the Nurse Practice Act; you will be saying your alcohol, substance use disorder, or mental health condition has impaired you to the point where you cannot safely practice nursing. Before you attempt to enter this program, you must ensure you meet the strict requirements for participation and assess the risks and benefits. Your Lento Law Firm attorney has worked with numerous agency nurses who are considering, and some subsequently, participating in INTP. Our Team will guide you through weighing the pros and cons and provide you with more details on the process if it is something you are interested in pursuing.
Ground for Disciplinary Action Against Your West Virginia Agency Nurse License
Many actions can result in you facing disciplinary action before the Board of Nursing. Any violation of the West Virginia Nurse Practice Act or associated regulations will likely land you in front of the Board of Nursing. Any action that falls within one of the below categories can threaten your West Virginia agency nursing license:
- Fraudulently or deceitfully procured or attempted to procure a nursing license
- Has been convicted of a felony
- Is unfit or incompetent because of negligence or other causes
- Is habitually impaired or addicted to alcohol or illicit substances
- Is mentally incompetent
- Has violated the moral and ethical standards of the practice of nursing
- Has practiced or is attempting to practice without an active in good standing nursing license
- Has demonstrated abnormal drug prescribing or dispensing practices
Regardless of the allegation against you, all allegations should be taken seriously. If you are accused or have participated in any of the above forms of misconduct, contact the Lento Law Firm Professional License Defense Team. We will immediately begin preparing your defense and ensuring you are presented in the best possible light throughout the disciplinary action process.
Consequences of Disciplinary Action Against Your Agency Nurse License
As soon as disciplinary action has been taken against your West Virginia agency nursing license, that information will be released to the public through a few different channels. The relevant board will post-disciplinary actions on their respective websites and publish them in their newsletters.
The actions will also be submitted to three different disciplinary action databases: the National Council of State Boards of Nursing, Nursys, and the National Practitioner data bank. If you are licensed to practice agency nursing in another state, the relevant board will also report your disciplinary action directly to that state board of nursing.
There is no shortage of short- and long-term consequences you can face due to disciplinary action. Disciplinary action can follow you for life. You can lose your job and face difficulty finding future employment even if your West Virginia agency nursing license is not revoked, but you face lesser disciplinary actions. Aside from your livelihood being negatively impacted, disciplinary actions can seep into your personal life. You cannot afford to gamble on your agency nursing license; the Lento Law Firm will do everything in its power to preserve your West Virginia agency nursing license and mitigate any negative consequences.
Areas We Serve in West Virginia
The Lento Law Firm Professional License Defense Team has represented agency nurses working throughout West Virginia, including Charleston, Huntington, Morgantown, Parkersburg, and Wheeling. Our Team can help wherever you are in West Virginia.
Our clients have come from a variety of healthcare settings, including nursing homes, in-home care, hospitals, rehabilitation centers, and more. We have represented agency nurses working in some of West Virginia's largest healthcare systems, including West Virginia University Health System, Vandalia Health, and Marshall Health.
Retain the Lento Law Firm Professional License Defense Team
You do not have to battle threats to your West Virginia agency nursing license alone. The Lento Law Firm Professional License Defense Team is on your side, and having us fight for you can ensure that your strongest and most effective defense is put forward. Our team will do everything in our power to maximize the chance of you retaining your West Virginia agency nursing license, ideally without any restrictions on your license. We know how hard you have worked to get where you are today and how valuable your nursing services are to the West Virginia community. Let us support you so you can go back to supporting your patients. To retain the Lento Law Firm Professional License Defense Team, reach out to us today at 888-535-3686 or contact us online.
