Utah is home to over 47,000 registered nurses, and more than 13,000 of them practice in the SLC Metro area. Given the population density and relative diversity of the region—which covers Salt Lake City, Ogden, Clearfield, Provo, Brigham City, Heber City, Lehi, Murray, West Valley City, West Jordan, and parts of southern Idaho—this means that roughly a quarter of them face different obstacles and processes than those working elsewhere in the state. To effectively protect your nursing license, you must be aware of the details.
Whether you're already dealing with challenges to your nursing license or simply worrying about the possibility, you need a knowledgeable attorney to help you understand your options and advocate for yourself. Call the Lento Law Firm now at 888.535.3686 or fill out this contact form to schedule a consultation.
The Disciplinary Process for Licensed Nurses in the SLC Metro
Located right in Salt Lake City, the Utah Board of Nursing and Certified Midwives is in charge of nurses practicing in Utah. Since the SLC metro area also includes southern Idaho, however, nurses there should know that they answer to the Idaho Board of Nursing in Boise.
Both boards have processes in place for reviewing complaints or misconduct reports and assigning disciplinary measures as necessary. Utah's review and disciplinary approach differs in some ways from that of Idaho, but in case you work throughout the SLC metro area, you'll benefit from knowing what they have in common.
The Complaint Undergoes Evaluation
The nursing boards in both Utah and Idaho screen every complaint and report before deciding whether to act.
Sometimes, the boards receive complaints about nurses' behavior that don't amount to professional or ethical violations. Other times, the complaints are simply outside their jurisdiction or authority to address. Either way, the boards close these cases without taking further action.
The boards generally agree on the criteria of a violation that would warrant investigation. Basically, they define a violation as anything that compromises an organization's efficiency or legal compliance and/or the safety and privacy of everyone working or receiving treatment.
The Board Conducts an Investigation
Should the complaint credibly indicate that a nurse committed a violation, the relevant state board will launch an official investigation. The goal is not only to determine whether the violation truly occurred but to understand the extenuating circumstances and other context. The findings could influence whether and how the board administrators decide to impose sanctions.
Interviews with witnesses, complainants, and other parties are commonly part of the investigation process. The administrators may also seek legal records, issue subpoenas, and expert advice from other professionals if needed.
The Board Holds a Hearing
For formal complaints, both the Utah and Idaho state nursing boards may have the offending nurse attend a hearing with the administrators. The nurse will have a chance to defend themselves and/or prove their innocence. The board may hire an attorney to handle the hearing, so if you find yourself in this position, contact the Lento Law Firm Professional License Defense Team so that they can accompany you.
The Nurse Receives a Decision
Once the state boards have reviewed all the evidence, testimonies, contexts, and other information pertaining to the complaint, they send written notice to the nurse about how they decided to adjudicate the case.
Common Nursing License Issues in the SLC Metro
There is a long list of ways to violate nursing laws and regulations. As with anywhere else in the country, you can find nurses who break the rules in the SLC metro. However, a few particular problems are or may become more frequent than others in this region.
Elder Abuse
Unfortunately, elder abuse is a common theme in nursing homes throughout the U.S., but Utah made headlines in 2019 because that's where five of the 400 worst are located. The SLC metro is home to all of them. Senior patients at these facilities have suffered physical and sexual assaults in addition to premature death, usually due to neglect or lack of sanitation. Nearly half of Utah's COVID deaths by August 2020 occurred in the state's nursing homes, and they were banned from conducting CNA programs.
Southern Idaho has dealt with its own cases of elder abuse, though they haven't been as high-profile as those in Utah. Still, cities throughout the state hold events for Elder Abuse Awareness Day every June 15.
Nurses who are suspected of elder abuse could be subjected to swift and harsh sanctions for their licenses. CNAs who trained at the offending nursing homes could also have the validity of their licenses, skills, and qualifications called into question.
Violating Medicare Requirements
Medicare demands that hospitals and providers meet certain conditions to maintain coverage for treating patients. In 2015, eight Utah hospitals had to pay a settlement to Medicare for failing to meet those conditions. They had a pattern of implanting cardioverter defibrillators into patients who had heart attacks or heart surgery without waiting the specified period of time to make sure it was necessary. It was costing Medicare a small fortune and possibly compromising the patients' health, so the Utah hospitals paid $2 million for the error.
The nursing boards in Utah and Idaho take Medicare violations as seriously as any other board. If you don't comply with the requirements and conditions, your license could be suspended or revoked. You may also be barred from billing Medicare or working anywhere else that bills it.
Legal vs. Illegal Abortion Procedures
Both Utah and Idaho passed abortion trigger ban laws in 2022. In these states, abortion is legal only in cases of rape, incest, danger to the mother, or an unviable fetus. Nevertheless, nurses and other healthcare workers throughout the SLC metro worry that the wording is too vague to know for certain when performing an abortion is permissible.
Since healthcare providers are charged with felonies for performing illegal abortions, nurses are among those whose licenses could be affected by participating in procedures that the board later deems a violation of the law. The other side of that coin is that nurses could be remonstrated or disciplined for refusing to help with an abortion that the board does consider legal.
It's almost impossible for nurses to figure out the right actions to take, thanks to the confusion surrounding the law's language combined with a nurse's responsibility to care for their patients, especially in urgent situations. Disciplinary action against a nursing license is increasingly likely no matter what decision you make.
Substance Abuse
Nursing can be a stressful line of work. In the SLC metro, that stress could be compounded by numerous factors unique to the area, including all the issues listed above. Consequently, substance abuse is another major concern.
The most popular drugs of choice are both prescription and illicit, which are often easy for nurses to obtain. The Utah and Idaho nursing boards are strict in disciplining nurses guilty of drug and other substance abuse, especially if it affects their work performance. You would likely have to complete a nursing substance abuse program to maintain your nursing license or remove restrictions.
How Nursing License Sanctions Can Affect You
Depending on the complaint against you, the worst possible outcome might be a verbal or written warning. However, even that can stain your professional record. It's even worse if you're punished with fines, restrictions, suspension, or revocation.
All these sanctions can come up in a background check, so you could find employment more difficult to obtain throughout the SLC metro area. This includes some of the region's most major healthcare employers, such as Intermountain Health, Encompass Health, and HCA Healthcare. You'll end up with fewer options for work.
Additionally, some sanctions can impact your eligibility for higher positions. For example, restrictions and suspensions would limit your ability to engage in certain fields or practices for a specific amount of time, depriving you of important experience that would help you advance in your career. You may even have to stop practicing altogether for a while, creating an interruption or gap in your resume that could make an employer doubt that your skills are current or extensive enough for their needs.
Even if you do find gainful employment after enduring sanctions, remember that they're public record. You could have trouble developing productive and professional relationships with any co-workers or supervisors who become suspicious or hostile toward you because of your past.
Fortunately, none of this needs to happen if you hire the Lento Law Firm Professional License Defense Team.
Let the Lento Law Firm Help with Nursing License Defense
When it comes to nursing license defense, you need lawyers who are familiar with the specific region where you practice, not just the state. The Lento Law Firm boasts passionate and knowledgeable attorneys in the SLC metro. They'll fight for your license as fervently as if your situation were their own, and they'll get you an outcome that benefits you.
The proof is already in their history and reputation. In fact, the Lento Law Firm Professional License Defense Team already considered and prepared for cases like those that may arise most often for nurses in the SLC metro. For example:
Elder Abuse
Committing or failing to report elder abuse is a grave offense that could quickly cost you a nursing license. The Lento Law Firm understands this and offers their advice and aid to those accused of it.
Despite the Elder Justice Act, the Lento Law Firm knows that there are a variety of reasons why nurses may become party—unwittingly or otherwise—to cases of abuse. They can help you gather the necessary evidence and create a defense strategy that ensures your fair treatment at the hands of the law and licensing boards.
Medicare Violations
Any action that falls short of Medicare requirements or outright misuses it can be considered a federal crime. As a nurse, you might break Medicare laws and find yourself sued or accused of fraud. Either way, that could jeopardize your nursing license.
That's when you should contact the Lento Law Firm Professional License Defense Team, which already has experience defending a physician intern in a Medicare fraud case. They went above and beyond to prove the intern's innocence, saving their license and preserving their future. The team can do the same for nurses like you.
Abortion Procedures
Utah and Idaho aren't the only states where abortion laws have caused nurses and other health professionals to question when they can perform a procedure.
The Lento Law Firm has already begun tackling and thinking about vague abortion laws and how they can lead to unjust accusations of medical malpractice. They're determined to protect nurses who are affected by this issue, whether you performed an abortion you believed was acceptable or necessary in the eyes of the law, or even if you did not.
Substance Addiction
Although many states acknowledge that medical treatment is necessary for addicts—including in Utah and Idaho—most law firms won't take on nursing license defense cases that involve substance abuse.
Luckily, the Lento Law Firm takes a firm stance that substance abuse alone does not mean that a nurse deserves to lose their license. You can count on them to advocate for you and keep your career intact.
Guard Your Right to Practice Nursing in the SLC Metro
Considering Utah's nursing shortage and your right to advance in your career, it's imperative to secure the best nursing license defense possible. You can count on the Lento Law Firm Professional License Defense Team for that. Learn more by calling the Lento Law Firm offices at 888.535.3686 or filling out a contact form.
