Nurses and all the professions that fall under the nursing umbrella, including licensed practical nurses, face a great deal of challenges in the course of their jobs. Even in a medium state like Oklahoma, with hospitals that range from OU Health Medical centers to Muskogee Regional Medical, getting qualified professionals to do such a challenging job day in and day out can be complicated. And yet, the qualified nurses and licensed practical nurses who do the job can face sanctions that threaten their ability to work not just in the state but, in many cases, around the country.
The Lento Law Firm knows how important licensed practical nurses are and how crucial it is to keep them working. The topic of healthcare is one of the key issues being discussed in the country today, and professionals such as licensed practical nurses are the ones keeping the industry afloat. Our team will always have your back, and make sure your best interests are taken into account.
A licensed practical nurse can find themselves facing sanctions from the Oklahoma Board of Nursing for many reasons, from misunderstanding to false allegations to an honest mistake. If you find yourself in this situation, whether you are in Edmond, Enid, Lawton, Norman, Oklahoma City, or Tulsa, it is imperative you get proper representation and fight these sanctions with all resources available. Otherwise, you might find your license revoked and the job you love in danger.
The Lento Law Firm Professional License Defense Team can help you defend your license wherever you are in Oklahoma, whether it be by negotiating the best possible resolution or preparing the best case possible, depending on what's best for you. Contact us today at 888.535.3686 or submit your details online, and we will reach out to you.
The Oklahoma Board of Nursing Is the Authority in Charge of Discipline
The Oklahoma Board of Nursing has the legal authority to take action against licensed practical nurses if the conduct falls within a specific list of conducts that gives the board grounds for denial, revocation, or suspension of license or certification. Among those conducts are:
- Being guilty of a felony or any offense, an essential element of which is fraud, dishonesty, or an act of violence, whether or not a sentence is imposed.
- Failing to adequately care for patients or to conform to the minimum standards of acceptable nursing.
- Being intemperate in the use of alcohol or drugs.
- Exhibiting through a pattern of practice or other behavior actual or potential inability to practice nursing with sufficient knowledge or reasonable skills.
- Having been adjudicated as mentally incompetent, mentally ill, chemically dependent, or dangerous to the public.
- Engaging in sexual misconduct, as defined in Board rules, with a current or former patient or key party, inside or outside the health care setting.
The Board of Nursing, which in the state of Oklahoma is composed of eleven members appointed by the Governor, six of them registered nurses, three licensed practical nurses, and two citizens of the state of Oklahoma who are meant to represent the public, will then proceed with disciplinary action. That action can consist of either a warning, a reprimand, a fine, probation, or, if the board considers it necessary, the suspension or revocation of the practical nurse's license.
All sanctions must be taken seriously, even if they seem small at the time. Any form of discipline may become part of your record and can affect your job or your future opportunities, which might, in turn, diminish your earning power going forward.
The Lento Law Firm can help with all forms of disciplinary action taken against you, whether it's big or small. You don't have to accept any sanction without a fight, or at least without understanding what your options are and discussing them with a professional who can explain to you the process and the implications of every possible sanction. We can help you manage the mental stress that comes with an investigation that can not only affect your license but also your livelihood for years to come.
What Is the Nursing Licensure Compact, and Is It Relevant to Licensed Practical Nurses Practicing in Oklahoma?
The Nursing Licensure Compact (NLC) aims to unify nursing standards across the United States. In practice, the NLC allows nurses with a license in one member state to work in other member states without applying for an extra license.
Oklahoma is one of 41 states/jurisdictions participating in the Nursing Licensure Compact (NLC) and has been a member since January 2018. This law can be a great benefit for nurses, but it also has one big drawback in the context of licensing issues: if you lose your license in Oklahoma, you will also lose your license in any other NLC-compliant state and will be unable to practice your profession there.
That means Licensed Practical Nurses have more to lose by not challenging a sanction in an NLC-compliant state because license issues can affect them not just in the state they live in and practice but can follow them to other states if they choose to move to the future and want to practice their profession. This is why it's vital to understand what disciplinary actions are being taken against you, what your options are, and what you can do to defend yourself.
What is the Process for a License Investigation in Oklahoma?
License investigations begin, in most cases, with a complaint. In Oklahoma, submitting a complaint against a practical nurse is very simple. The Oklahoma Board of Nursing has a Complaint Form on its website that can be filled out online, detailing what the complaint is about. After that, the board's Investigative Division, comprised of six nurse investigators and three legal secretaries, will proceed with an investigation.
That means that anyone can submit a claim, and a process can get started without you being able to do much about it. Once a complaint is made against you, however, the Board of Nursing is required to notify you so you can defend yourself with specifics on the complaint. That's a good thing because you don't want to let a complaint go without getting a chance to have your voice heard.
Sometimes, we operate under the misconception that, particularly with license issues, if a professional hasn't done anything wrong, they don't have to prove anything. But having the truth on your side isn't always enough, and you should never rely on the notion that being right will protect you or defend your license. The Lento Law Firm Professional Defense Team can help you, whether you feel totally confident in your actions or whether you feel you might have done something to warrant an investigation. We can help you understand the complaint made against you and advise you on how best to proceed going forward.
The first step of that investigation, particularly in cases the Board considers do not justify or require more formal proceedings, is an informal conference. That informal conference allows the board to speak with the complainant and the licensed practical nurse. But just because the conference is informal doesn't mean you don't have to be prepared. In fact, being prepared from the beginning is the best way to make sure the case never goes from an informal conference to a formal hearing, as the board will be trying to gather as many facts during this informal hearing to help them determine whether there is merit to the complaint.
After the hearing, the board can either dismiss the complaint if it is convinced there is no merit or decide the complaint warrants more investigation and proceed to a formal hearing.
During a formal hearing, both parties can present evidence, witnesses can be called, and arguments can be made in favor of both parties. The Lento Law Firm Professional License Defense Team can be by your side, both during an informal conference that is just about establishing what happened and a formal hearing that requires calling witnesses, preparing a case, and presenting evidence in your favor. We can also help negotiate a settlement if that is the best course of action for you.
However, you should never accept a settlement or go into a hearing where the Board will make a decision about your case without knowing all the facts and understanding all the risks. That's why the Lento Law Firm Professional License Defense Team is your best ally as you look to make the best decision, not just in the moment but for your future.
What Can the Board Decide?
Taking into account the supposed violation, the Board of Nursing Rules state the type of actions that can be taken, which range from disciplinary to non-disciplinary:
The non-disciplinary actions the board can take include:
- Dismissal of the complaint if it considers there's no merit.
- Letter of concern
- Substance abuse or health evaluation
Meanwhile, the disciplinary actions the board can take include:
- Letter of Reprimand
- Probation
- Suspension of the license
- Revocation of the license
After the decision is announced during a formal hearing, you still have the possibility to file a reconsideration or an appeal. The Lento Law Firm Professional License Defense can help you make sure you know what your options are at every step of the process. All appeals in Oklahoma follow the Oklahoma Administrative Procedures Act, which means appeals go through a local district court and have to be filed within ten days after the Board's decision.
There are specific circumstances that allow for an appeal, including:
- New evidence has surfaced which could change the original outcome
- Reconsidering the decision is in the public's best interest
- Procedural error on behalf of the Board
- Further evidence is needed in order to reach a decision
Disciplinary actions taken by the Oklahoma Board of Nursing must be published on the Board's website.
In Oklahoma, it is possible to reapply for a license after it's been revoked or suspended. The Lento Law Firm Professional License Defense Team can advise you on what you can do at every step of the process, even if your license has effectively been revoked or suspended, and we can help you reapply for your license in the state. You don't have to fight this alone.
How the Lento Law Firm Professional License Defense Team Can Help You
Disciplinary action might be one of the scariest things a healthcare professional can face, particularly considering how complex the profession is and how much time and energy goes into patients. That is why the best thing you can do if your license is in jeopardy is to hire the Lento Law Firm Team.
Our team can be there for you every step of the way and make sure that you always have an active license defense strategy, no matter what you're facing, one that gives you the best opportunity to continue doing the job you love.
Fighting the Oklahoma Board of Nursing alone is hard. They have a lot more resources, and they have professionals with experience. Your job is to care for patients, not to fight for your license. The Lento Law Firm Professional License Defense Team can look out for your license the way you care for your patients and do so with confidence because they have experience.
Our team can identify the best possible outcome for your case, obtain the necessary evidence and testimony that will secure that outcome, double-check facts or witnesses, advise you on the best possible strategy, and prepare the best argument possible. Whether you did not commit any of the actions you have been accused of, had a lapse in judgment, or had an emotional outburst during a difficult time, the Lento Law Firm Professional License Defense Team can help.
That includes always being honest with you about the circumstances of your case. Our number one mission is to clear your name and avoid sanctions, but if sanctions are inevitable, our team is prepared to explore settlements and get you the best possible one that allows you to get back your life and your job in whatever way possible.
Whatever you need to do when it comes to defending your license or taking further legal action, the Lento Law Firm Professional License Defense Team is there for you. Our team is ready to discuss additional legal options as they become relevant to your case.
Your license is your livelihood. Our team can help make sure you have the best chance of winning by starting work on your case right away. We will be prepared for any informal conference, hearing, or appeal. The Lento Law Firm Professional License Defense Team can be with you every step of the way. You don't have to do this alone.
Call the Lento Law Firm at 888.535.3686 today to discuss how we will fight for your practical nurse license in Oklahoma. You can also contact us online with your case details, and we will reach out as soon as possible.
