A nurse practitioner is referred to as an Advanced Practice Registered Nurse (APRN) in West Virginia. The West Virginia Registered Nurse (RN) Board provides a useful flowchart demonstrating the process of obtaining a license to practice as an APRN in the state.
You've worked hard to obtain your APRN license. However, your license could be at risk if a patient, colleague, or other relevant party has filed a complaint against you.
Now is not the time to leave matters to chance. Protect your career and future by enlisting the help of legal professionals qualified to handle a case like yours.
At the Lento Law Firm, our Professional License Defense Team can help you navigate the process when defending yourself against allegations of professional misconduct. Get started today by contacting us through our online form or calling our offices at 888-535-3686.
West Virginia Nurse Practitioner Complaints: Essential Information
The West Virginia RN Board (from this point referred to as the Board) handles complaints against APRNs and similar medical professionals. Per the Board, anyone with knowledge of an APRN's practice can file a complaint against them. Potential complainants include:
- Employers
- Patients
- Family members of patients
- Co-workers
- Other health care providers
That's not necessarily an exhaustive list. Virtually anyone with reason to suspect an APRN has violated the law can file a complaint. They may do so by submitting an online complaint form to the Board.
Some people, like other nurses, may also be required to submit complaints if they even suspect violations have occurred. Thus, those submitting complaints may be shielded from civil liability in most instances.
Nurse Practitioner Complaints in West Virginia: Understanding the Board's Authority
West Virginia law grants the Board legal authority to discipline an APRN when it finds reason to do so. Discipline options available to the Board include:
- Reprimand
- Probation
- Restrictions on how a licensee may practice or use their license
- License suspension
- License revocation
- Administrative fines of up to $1,000 per day per violation
- Mandatory continuing education or similar mandatory training
- Requiring a licensee to practice under someone's supervision or a similar restriction
- Requiring a licensee to participate in periodic interviews with the Board for a specified period of time
The Board may also require a licensee to cover the costs of any proceedings related to the disciplinary actions taken against them.
The Board may not impose criminal penalties. That doesn't mean a Board investigation is a minor issue. On the contrary, the disciplinary actions the Board may take can significantly jeopardize an APRN's privilege to practice nursing in West Virginia.
This isn't meant to frighten you. It's meant to help you appreciate the value of a proper defense. If someone has made a complaint against you, and you're facing a Board investigation as a result of said complaint, our Professional License Defense Team at the Lento Law Firm can offer the assistance you need.
What Happens When the WV RN Board Receives a Complaint?
The process when the Board receives a complaint against an APRN in West Virginia involves the following steps:
- Initial investigation: The Board starts by generally evaluating a complaint to determine if it appears credible. After a basic initial investigation, the Board will review the evidence to determine whether there's probable cause that the target of the complaint committed a violation. At any stage, the Board might dismiss a complaint if its investigation indicates the complaint doesn't have merit. Additionally, the Board permits complainants to submit complaints anonymously. However, investigating anonymous complaints may be more difficult than investigating complaints in which the complainant actively participates in the investigation.
- Notifying the licensee: The Board will typically notify an APRN or other such licensee someone has made a complaint against once they've determined there's probable cause indicating they may have violated applicable laws or regulations. The Board will provide the licensee with a copy of the complaint at this stage.
- Considering a consent decree: The Board may consider multiple options now. It could enter into a consent decree (or “consent agreement) with the licensee. Although the terms of a consent agreement can vary on a case-by-case basis, such an agreement usually involves the licensee agreeing to certain terms similar to the way someone might agree to a plea bargain in a criminal case. For example, a consent agreement might require an APRN to submit regular work performance or discipline reports via a supervisor for a set period of time. Or, it might involve agreeing to a temporary license suspension.
- Hearing: A consent agreement isn't the only option the Board may consider. The Board can also hold disciplinary hearings when someone makes a complaint against a licensee. To take disciplinary action via a hearing, the Board must prove a violation through a preponderance of evidence. All Board members have the authority to issue subpoenas for evidence or testimony that can assist with the investigation.
The Board may conduct a hearing itself. Or, it can choose to let an administrative law judge run the hearing. The judge can draft a proposed order for disciplinary action based on the facts of the case when the hearing concludes.
The Board doesn't have to accept the judge's proposed order. It can accept the order completely, reject it, or modify it according to the Board's discretion. The Board will draft its own formal written decision at the conclusion of a hearing if the Board conducts a hearing without a judge.
A licensee must receive notice of the time, date, and place of a hearing at least 30 days in advance. A licensee has the right to appear with witnesses during a hearing. They also have the right to legal counsel.
It's highly advisable to exercise your rights in these circumstances. A hearing in which your career may be on the line can be a stressful experience. Our Professional License Defense Team at the Lento Law Firm can help you prepare and can represent you throughout all stages of the hearing.
Types of Nurse Practitioner Complaints the Board Investigates in West Virginia
The law states the Board can take disciplinary action against an APRN or similar licensee for the following reasons:
- Fraudulently or deceptively obtaining a license or similar Board authorization
- A felony conviction or a misdemeanor conviction for a “crime of moral turpitude.”
- Unprofessional conduct that puts the public at risk (per the definitions of the Board's legislative rules)
- Intentionally violating the Board's rules or a lawful order of the Board
- Being subject to certain forms of disciplinary action (like a license suspension or revocation) by an equivalent authority in another jurisdiction
- Aiding or abetting someone's unlicensed practice of nursing
- While acting in a professional capacity, engaging in an act that has already endangered the public or is/was likely to do so
- Being incapacitated in a way that prevents a licensee from competently and/or safely performing their duties
- Not reporting to the Board any malpractice judgments of which the Board should be aware
- Knowing or suspecting that a fellow licensee (such as another nurse) is, for any applicable reason, incapable of performing their duties competently and/or safely but not reporting these concerns to the Board
- Using or sharing someone's protected health information illegally or without the proper authorization
- Subverting or attempting to subvert a licensing examination or the administration of such an examination
- Not furnishing the Board with information the Board has legally requested or otherwise failing to cooperate with a Board investigation
- Not reporting to the Board any offense involving driving while under the influence or driving while intoxicated
- Violating the terms or conditions of any previous disciplinary action order that remains in effect
In addition, the Board may take disciplinary action against a licensee for engaging in unprofessional conduct based on the standards established by the American Nurses Association. The Board conclusively presumes these acts qualify as unprofessional conduct:
- Being found guilty of any form of fraud or deception
- Being convicted of a crime of moral turpitude
- Committing a “criminal operation”
- Abusing alcohol
- Abusing drugs
- Disclosing professional secrets or otherwise violating a professional confidence
- Harassing, abusing, or otherwise mistreating a patient verbally or through another form of communication
- Fraudulently or deceptively obtaining any fee
- Engaging in action or conduct that, had a licensee engaged in said conduct before obtaining a license, would warrant denial of a license
It's also worth noting that the law grants the Board authority to report suspected criminal offenses to law enforcement. Thus, although the Board itself doesn't have the authority to impose criminal penalties, a Board investigation can result in criminal penalties, depending on the nature of the offense.
This is another reason to strongly consider speaking with an attorney when someone has filed a complaint against you. A lawyer can protect you during a Board investigation while also strategizing for any potential future criminal investigations.
Nurse Practitioner Complaints: Appealing a Board Decision in West Virginia
You have the right to appeal if you're a West Virginia APRN adversely affected by a Board decision. The process involves the following:
- Filing an appeal with the Intermediate Court of Appeals
- Providing the Board with a copy of the petition via certified mail
Any other parties of record in your case should also receive a copy of the petition. The petition should state whether you are appealing the Board's decision due to questions of law, questions of fact, or both.
The Board must provide the court with a certified copy of the record of the proceeding (such as a transcript of the hearing and other relevant documents) within 15 days of receiving a copy of the petition. The court may grant an extension if the Board needs more time to provide said information.
The court or judge may set a date for a hearing. Unless all parties agree, the date and time of the hearing may not be sooner than to ten days after the filing of the initial petition.
The court or judge will usually review the case without a jury. Upon completion of the hearing and review, the court may:
- Affirm the Board's decision
- Remand the case for further proceedings
- Vacate, reverse, or modify the Board's order
The court can only vacate, reverse, or modify the Board's order if it finds your rights have been prejudiced. The court may find your rights have been prejudiced if the Board's findings, decision, or order are any of the following:
- Violations of constitutional or statutory provisions
- In excess of the Board's authority under West Virginia law
- Arrived at through unlawful procedures
- Negatively affected by other legal errors
- Obviously wrong based on the overall evidence of the record
- Arbitrary, or otherwise the result of misuse of the Board's discretion
The decision of the circuit court or Intermediate Court of Appeals is final, with one exception: You may appeal a case through the West Virginia Supreme Court of Appeals if you disagree with the outcome of your initial appeal.
Appealing a Board decision is a complex legal process. You need to present a strong case demonstrating why the Board's decision was incorrect.
Building such a case on your own can be difficult if you lack the proper legal background and training. Be aware that you can hire a lawyer at any stage in this process. Even if you didn't hire a lawyer upon learning of a complaint against you, you still have the option of hiring an attorney to handle your appeal.
Why You Need a West Virginia Nurse Practitioner License Defense Lawyer
The potential consequences of a Board investigation can be wide-ranging. Along with affecting your ability to practice nursing in West Virginia, disciplinary action could potentially limit your employment prospects in other states.
Protect yourself with help from attorneys with experience handling cases like yours. Members of our Professional License Defense Team represent clients throughout West Virginia, including the following key metro areas:
- Charleston
- Cumberland
- Elkins
- Hagerstown
- Logan
- Morgantown
- Parkersburg
- Winchester
If you're an APRN facing disciplinary action anywhere in West Virginia, the Lento Law Firm can offer the defense you need right now. Get started today by calling our offices at 888-535-3686 or by submitting our online contact form.
