North Dakota has a thriving nursing community with a small but mighty population in need of healthcare. For licensed practical nurses (LPNs), the state is a great place to start a career. North Dakota has one of the highest LPN concentrations in the country, with a job and location quotient that's the highest in the region.
If you're an LPN living in North Dakota, your professional nursing license is one of your most valuable assets. The state reserves the right to revoke a medical professional's license at any time, provided due process is followed. If you're an LPN in North Dakota, it's important to know what you need to do to protect that license and defend it when necessary.
The Lento Law Firm Professional License Defense Team helps LPNs in North Dakota with licensing issues. If your license is in jeopardy, reach out to us at 888-535-3686 or fill out our online form with some details and we'll get back to you.
Licensure in North Dakota
North Dakota's LPNs are required to follow the guidelines outlined in the Nurse Practices Act, which apply to all nurses licensed in the state. North Dakota is also part of the multistate nurse licensure compact, which allows you to practice as an LPN in other states that are part of the compact once you're licensed in North Dakota.
It is against the law in North Dakota to practice nursing without an active license. You'll need to apply and meet the education and experience requirements outlined by the North Dakota Board of Nursing (NDBON). If your license is suspended, it's important to know exactly what you need to do to recover it.
Grounds for Discipline in North Dakota
Once you have your license and have started practicing in the state, you'll no doubt want to do everything you can to remain in good standing. The NDBON outlines the grounds for discipline in the Nurse Practices Act, and violations could be reported by a patient, employer, colleague, or another government agency.
Here are some of the items listed as grounds for discipline in the state of North Dakota:
- Arrest or conviction for any crime that negatively relates to the practice of nursing.
- Disciplinary action or license revocation in another jurisdiction.
- Inappropriate practice as a nurse.
- Fraudulent attempts to get and keep a nursing license.
- Founded professional misconduct allegations.
- Diversion of supplies or drugs for unauthorized use.
- Failure to report violations of board rules.
North Dakota's Complaint Investigation Process
Anyone can file a complaint against a licensed nurse in the state of North Dakota. This is done through the Compliance-Discipline section of the board's website. Once a complaint comes in, NDBON staff members review the information and decide whether (a) it's within the board's jurisdiction and (b) it qualifies as a violation.
If the complaint is deemed valid, it's routed to the next phase, which is an investigation. At this point, the medical professional named in the complaint is notified and given a copy of the allegation. The board works to gather information and evidence to help it make a decision.
In some cases, the board determines the evidence does not support the allegation, at which point, the complaint is dismissed. If not, the investigation proceeds to the next step, which is disciplinary action.
If you're the subject of a complaint, you'll be given the chance to dispute the allegations. In some cases, medical professionals choose not to dispute them, and in that situation, the board may offer a settlement. This settlement will outline the allegations and the sanctions to be taken against the LPN.
In most cases, though, the LPN will take the option of disputing the claims. For those LPNs, a hearing will be scheduled where the respondent will appear in front of an administrative law judge. The state will present its case, and then you'll be allowed to tell your side of the story.
This hearing gives you, the accused, a chance to present evidence refuting the allegations against you. You can also call witnesses to testify on your behalf during this hearing.
The Lento Law Firm Professional License Defense Team helps North Dakota LPNs with these hearings. We'll work with you to gather evidence and witnesses, then represent you on the day of the hearing. Simply having an ally can make a big difference when you're going up against state government.
Disciplinary Action Against North Dakota LPNs
After the hearing, the judge will make a decision based on the information presented. That decision will detail what disciplinary action, if any, should be taken against the LPN. Those findings will be turned over to the BON, who will take action to make it final at the next meeting.
Disciplinary action can include one or more of the following:
- Letter of reprimand
- Letter of reprimand with remediation
- Letter of reprimand with mandated health professionals assistance program (HPAP) participation
- License reinstatement with mandated HPAP participation
- Probation
- Voluntary license surrender
- License suspension
In addition to whatever disciplinary action you're assigned, information on the decision will be published two weeks after the board meeting. These public notices are made available on the NDBON website, where they remain for five years.
Appealing a NDBON Decision
If the judge chooses to discipline you, you'll be notified, along with information on how to appeal. You'll have 30 days to request an appeal, and you'll do that through the Burleigh County District Court.
As with your initial hearing, you'll need to spend some time gathering evidence and finding witnesses to appear. If you need to subpoena any witnesses, this will be at your own expense. The more preparation you do in the days and weeks leading up to the appeal hearing, the better.
The Lento Law Firm Professional License Defense Team not only helps with the initial part of the BON investigation process. We can also help you mount an appeal and represent you in front of the judge. We'll help you line up witnesses and help you build the best case for yourself to maximize your chances of success.
Consequences of Disciplinary Action in North Dakota
Whether you lose your license or not, once an investigation is launched, your professional reputation is at risk. During the investigation, your employer and your colleagues may be interviewed, and the board might request records from your workplace. Your disciplinary action will also be made publicly available on the above-mentioned NDBON website's public notices.
If your license is suspended, you'll be unable to practice nursing until it's reinstated. You can still seek employment in positions that don't require a nursing license, but you may find yourself answering questions about why you're no longer working as a nurse.
Unfortunately, this license revocation extends beyond North Dakota's borders. When you apply for a nursing license in another state, you'll be asked if you've ever had a license revoked. Dishonesty isn't an option since anyone with your name can check the status of your license in the Nursys.
Many states participate in the Nursing Licensure Compact, which allows nurses to use their licenses in multiple states. If you lose your license in North Dakota, you'll use the privilege of practicing in those states, as well.
Handling a North Dakota Nursing Investigation
If you've received a notice that a complaint has been filed against you, your first response might be to panic. But cooler heads prevail. It's important to start taking action immediately, including letting the BON know you plan to dispute the claims against you.
While the BON is interviewing witnesses and collecting evidence, you should be mounting a fact-finding mission of your own. Gather any records you can get from your employer and reach out to colleagues, supervisors, and patients who might be able to speak on your behalf.
While legal counsel isn't required, it's important to know that the state has a team with experience in investigating complaints against LPNs. You're new to the process, so it's easy to feel overwhelmed by the prospect of stating your case in front of a judge.
The Lento Law Firm Professional License Defense Team helps North Dakota LPNs facing disciplinary action. From the time you get the first notice, we can sit down with you and come up with an action plan. We'll help with gathering evidence and witnesses, and when you do appear in front of the judge, we'll be there to speak on your behalf.
How We Help North Dakota's LPNs
For healthcare professionals looking for work, North Dakota is a great option. The state is a professional one, particularly in North Dakota's underserved rural areas.
From its big cities to its small towns, North Dakota is packed with medical facilities and practices. You'll find 47 licensed and certified general acute care hospitals and 38 rural hospitals. The Lento Law Firm Professional License Defense Team has worked with professionals at some of the top facilities in the state, including:
- Sanford Broadway Medical Centers in Fargo and Bismarck
- Altru Health System in Grand Forks
- Essentia Health in Fargo
- Ashley Medical Center in Ashley
- Langdon Prairie Health in Langdon
- Towner County Medical Center in Cando
- Jacobson Memorial Hospital Care Center in Elgin
- CHI St. Alexius Health in Bismarck
- Trinity Health in Minot
How the Lento Law Firm Professional License Defense Team Helps
If you're under investigation by the NDBON, the Lento Law Firm Professional License Defense Team can help. We've worked with LPNs across the state and are familiar with the board's disciplinary process, as well as its code of conduct.
Here are some ways the team can help you as you work to defend your license.
- Explaining the complaint: When you're notified a report has been filed against you, you'll no doubt have questions. What does this report mean? Will your employer find out? The Lento Law Firm Professional License Defense Team can answer many of those questions and walk you through what to expect.
- Planning your approach: From the time an investigation is launched, the clock is ticking. It's important to be as prepared as possible to respond to any requests and appear in front of the administrative law judge. The team will sit down with you and map out a plan to ensure you're prepared for each step along the way.
- Respond to the BON: When your LPN license is in jeopardy, it can be tough to respond to requests without involving emotion. Our team has experience crafting responses to NDBON requests, and we can help you provide the board the information they need.
- Fact-finding: Gathering documentation is what our team does best. In the days leading up to your hearing, we'll work to track down as much information as possible to state your case in front of the judge. That includes lining up witnesses to speak on your behalf on the day of the hearing.
- Present your case: Appearing in front of an administrative law judge can be intimidating. We'll stand by your side at all scheduled hearings, presenting the evidence we've gathered and introducing any witnesses who have agreed to speak. We'll also use our years of experience to refute, in real-time, any evidence presented by the state.
- Manage any appeals: Ideally, you'll be given light discipline, if any, and you'll be able to return to work. If that doesn't happen, though, we'll help you throughout the appeal process. As with your previous hearing, we'll gather information and line up witnesses, this time with the goal of winning the appeal.
- Follow-up hearings: In some cases, the NDBON requires LPNs to complete certain activities before the license can be reinstated. We'll help you gather all the documentation necessary to prove you've completed the requirements and then present it to the board.
If you're an LPN in North Dakota, it's important to know the licensing requirements and follow them closely. Despite your best efforts, though, you may eventually find yourself at the other end of a complaint. When that happens, the Lento Law Firm Professional License Defense Team can help. If your North Dakota LPN license is at risk, reach out to the team and let us know how we can help. You can call 888-535-3686 or fill out our online form today and we will contact to you.
