Nursing is one of the most difficult professions in the country, with numerous challenges facing both nurses and nurse practitioners all over the country. In a small state like South Dakota, getting qualified professionals to serve the community and help people in need day in and day out can be even more challenging. And yet, the qualified nurses and nurse practitioners that do the job can face sanctions that can threaten their ability to work in the state, and sometimes even around the country.
The Lento Law Firm Team knows how vital nurse practitioners are and how important it is to keep them working. Healthcare is a vital topic of conversation in this country, and professionals such as nurse practitioners are the backbone of the industry. Our team will always fight tirelessly to defend you and make sure your voice is heard.
Whether through misunderstandings, false allegations, or honest mistakes, nurse practitioners in South Dakota can find themselves facing sanctions from the South Dakota Board of Nursing. If you find yourself in this situation, it is important to get the proper representation to fight these sanctions with every available resource, or you might find your license suspended or revoked and the job you love in jeopardy.
The Lento Law Firm Professional License Defense Team will help you prepare the best case possible to defend your license and negotiate the best resolution possible for your case. Contact us today at 888-535-3686 or submit your details online, and we will reach out to you.
The South Dakota Board of Nursing Is the Authority in Charge of Discipline
The South Dakota Board of Nursing has the legal authority to take action against nurse practitioners as long as the conduct falls within the list of conducts that give the board grounds for denial, revocation, or suspension of license or application. Among those conducts are:
- Commission of fraud, deceit, or misrepresentation in procuring or attempting to procure the license.
- Conviction of a felony.
- Engaging in the practice of nursing under a false name.
- Committing an alcohol or drug-related offense that interferes with the ability to practice the profession safely.
- Acting in a manner inconsistent with the health of the patient.
- Engaged in sexual harassment or sexual contact.
In these cases, the Board of Nursing, composed of nurses and public appointees, can proceed with a warning, a reprimand, a fine, probation, or in case it deems it necessary, the suspension or revocation of the nurse practitioner's license, with or without conditions for reinstatement.
Though these sanctions vary in severity, they must all be taken seriously. Any form of discipline may become part of your record and may end up affecting your current job or limiting your future opportunities, which will diminish your earning power.
No matter what sanctions you face, the Lento Law Firm can help. There's no reason to accept sanctions without a fight or without thoroughly discussing the possibilities with a professional who can walk you through your options. We can help you with the mental stress that comes with an investigation that can jeopardize your license and your livelihood for years to come.
What Is the Nurse Licensure Compact, and Is It Relevant to Nurses Practicing in South Dakota?
The Nurse Licensure Compact (NLC) is “an effort to unify nursing standards across the United States.” It allows nurses with a license in one member state to work in other member states without extra licensing hurdles.
South Dakota recently enacted the APRN Compact, which allows NPs with a multi-state license to practice in other compact states, but the law hasn't been implemented yet. This can be a great benefit for nurses in general, but it also has one big drawback: if you lose your license in South Dakota, you lose your license in any other NLC-compliant state.
That means Nurse Practitioners will have more to lose once this is implemented in South Dakota because now your nursing record in one state can effectively follow you into another. With the possibility this will be implemented in even more states in the future, the reality is that nurse practitioners should be even more careful to guard against license issues and to make sure they defend themselves as forcefully as possible when these issues come up.
What is the Process in South Dakota in Case of a License Investigation?
Most license investigations begin with a complaint. In South Dakota, submitting a complaint against a nurse or nurse practitioner is as simple as submitting a complaint form online and detailing what the complaint is about. After that, the board will proceed with an investigation.
This means that anyone can submit a claim, and they don't really need any sort of proof to get the process started. The good news is that if a complaint has been made against you, the Board of Nursing is required to notify you and provide you with a copy of the complaint made against you. No process can proceed without your knowledge and without you having the opportunity to defend yourself.
Often, there's a sense with license issues that if a professional hasn't done anything, then there's no reason to defend themselves. But having the truth on your side isn't enough defense, and you shouldn't rely on the notion that being right will protect you and your license. Whether you feel completely confident in your actions, or you feel like you might have done something that could be grounds for an investigation, the Lento Law Firm Professional License Defense Team can help you make sense of the complaints made against you and advise you of how best to tackle the investigation against you.
The first step of that investigation will be an informal conference that will allow the board to speak with the complainant as well as the nurse practitioner. At this time the board will also be looking to gather as many facts as they require to help them determine whether there is merit to the complaint or not. But just because this conference is informal doesn't mean you don't have to be prepared. In fact, the more prepared you are from the beginning, the more likely it is that the case doesn't reach the next stage.
After this hearing, there are two possibilities. The board can dismiss the complaint if it considers there is no merit. Or, the board can decide that there is enough in the initial conference to warrant more investigation and order the complaint to move forward.
The case is then heard by the Board's Compliance Committee, which will offer a proposed settlement on the case, which will be presented to you for a decision. The Lento Law Firm Professional License Defense Team can be by your side and help you review this proposed settlement to make sure you make the best decision possible for your future.
You don't have to accept a settlement that isn't right for you, but rejecting a settlement without considering all it entails isn't always the best decision. That's why it's always a good idea to have the right counsel and know that when you make a decision, you are doing so after having examined all the possibilities.
If the settlement is accepted, the case is then brought to the full board for acceptance. If it is rejected, then the board proceeds with a Contested Case Hearing. After the hearing, the Board will make its decision about your case, so this hearing is where you want to present evidence, call witnesses, and make your case. The Lento Law Firm Professional License Defense Team can be at your side during this hearing and help you build the strongest case possible to protect your career and your livelihood.
What Can the Board Decide?
Depending on the nature of the supposed violation by the nurse practitioner, the Board of Nursing can take two types of actions: disciplinary action or non-disciplinary action.
The non-disciplinary actions the board can take include:
- Dismissal of the complaint if it considers there is not enough evidence to back the complaint.
- Letter of concern
- Substance abuse or health evaluation
- Mandated participation in Health Professionals Assistance Programs (HPAP)
- Meanwhile, the disciplinary actions the board can take include:
- Letter of Reprimand
- Probation
- Suspension
- Revocation
If the Board of Nursing's action involves discipline, the action must be published in the Board's newsletter, the South Dakota Nursing News, the Board's website, and the Nursys website, as well as reported to the National Practitioner Data Bank (NPDB).
How the Lento Law Firm Professional License Defense Team Can Help You
One of the scariest things for a healthcare professional is the prospect of sanctions, particularly considering how complicated the profession is and how much it asks of every person who dedicates their time to patients. That is why the best course of action when your license is in danger is to hire the Lento Law Firm Team.
Some of the things to take into account are the low threshold for sanctioning nurses and nurse practitioners and the fact that due to the type of profession, there's a sense that healthcare professionals are often guilty until proven innocent. In this regard, our team can make sure you have an active license defense strategy, one that highlights the best parts of you and gives you the best opportunity to continue doing the job you love.
Then, there's also the fact that, as a nurse practitioner, it's hard to fight the South Dakota Board of Nursing alone. They have many more resources and, of course, experience. Your job is to care for patients, not to defend your license. The Lento Law Firm Professional License Defense Team can look out for your license the way you look out for your patients and bring the experience to your case because they have done it before.
Our team can identify the ideal outcome for your case, whether you have not committed any of the actions you have been accused of, had a lapse in judgment, or had an emotional outburst during a difficult time. From there, our team can obtain the necessary evidence and testimony that will secure the best outcome possible for you.
For this purpose, our team will proceed with our own investigation of the circumstances, verifying all facts and making sure we never rely on third-party information. The outcome of a case might depend on a very specific fact or a witness, so our team will always make sure to double-check everything so we can advise you on the best strategy.
Our team's number one mission is to clear your name and avoid sanctions, but if sanctions are inevitable, our team is prepared to explore settlements and make sure you get the best one possible. We will also be right by your side throughout the Contested Case Hearing, represent you during it, argue your case, prepare witnesses, and file any appeals if necessary.
With your nurse practitioner's license on the line, all options are on the table. If we need to take further legal action, the Lento Law Firm Professional License Defense Team is there for you. Our team is ready to discuss additional options as they become relevant to your case. Whatever it is you need, the Lento Law Firm Team has your back in this fight that will determine your professional future.
Call the Lento Law Firm's Professional License Defense Team Today to Discuss How We Will Fight for Your Nurse Practitioner's License in South Dakota
Your license is your livelihood. Our team can maximize your chances of success by starting work immediately on your case. We will be prepared for any interview, hearing, or appeal. The Lento Law Firm Professional License Defense Team can be your partner in this fight. You don't have to do it alone.
Call the Lento Law Firm at 888-535-3686 today to discuss how we will fight for your nurse practitioner's license in South Dakota. You can also contact us online with your case details, and we will reach out as soon as possible.
