From small towns to big cities, nurses are in demand nationwide. Short staffing can become a serious issue, making it tough for facilities and medical practices to treat the patients who need it most.
That's where an agency can help. Agencies maintain a roster of skilled nurses that they can then place with hospitals and healthcare facilities that need them. If you're an agency nurse, you're probably used to practicing in a variety of work environments in your region. You may even venture outside your area for short-term work assignments.
The Lento Law Firm Professional License Defense Team works with agency nurses whose licenses are in jeopardy. If you find yourself on the wrong side of your state's Board of Nursing (BON), we can help. Get in touch with us at 888-535-3686 or provide some details about your situation using our online form.
Agency Nurse Requirements
Agencies are the medical community's version of a job recruiter. As with other recruiters, agencies will screen all candidates prior to taking them on as clients. They likely have a roster of medical practices and facilities with defined preferences, and those preferences are kept in mind when considering taking on a nurse.
Requirements for nurses can vary slightly by state and level, but generally speaking, you'll need the following:
- Completion of an approved nursing program
- Nursing license
- Successful completion of the National Council Licensure Examination
- All continuing education requirements met.
You may also need to pass a background check and drug test, depending on the agency. In fact, agencies might be more prone to screen you than other types of employers since maintaining a roster of prescreened professionals can be a selling point for a recruiter.
In addition to meeting all requirements, your license will also need to be in good standing. That means, for the entirety of your work with the agency, you'll have to follow all policies of your state's BON. Having your license at risk means having your status with the agency at risk.
License Maintenance Requirements
All medical professionals operate under a strict code of conduct designed to protect patients. The government's BON sets the rules and enforces them, and those rules apply for the entirety of your career as a nurse.
Requirements can vary from state to state, but generally speaking, here are some behaviors that can lead to your license being revoked:
- Conduct that puts patient safety at risk, including incorrectly prescribing medication and failing to provide necessary care.
- Criminal activity, whether related to the workplace or not.
- Sexual misconduct.
- Stealing medication for any purpose.
- Working under the influence.
- Violating the HIPAA privacy rules that protect patients.
- Committing fraud by lying about your credentials or faking information on behalf of someone else.
- Failing to report misconduct by a colleague.
How Licensure Investigations Work
Your BON couldn't possibly monitor every single nurse in the state, 24/7. However, every state has a complaint intake process, which typically starts with a report filed through the state Department of Health website. Again, the process can vary from one jurisdiction to another, but generally speaking, the complaint will be investigated to determine whether action needs to be taken.
Who files complaints against nurses? A complaint can come from anyone, but it's usually a patient or former patient, a coworker, or an employer. Agency nurses can be especially vulnerable since they routinely work with new people in new environments.
While every complaint merits a look, not all complaints lead to a full investigation. In some cases, the complaint will be reviewed and dismissed. When that happens, you likely won't even know it has been filed. It's when the BON reaches out to you to tell you that a complaint investigation is in progress and that it's time for concern.
During the investigation process, your agency will likely be contacted at some point, and that could put your employment options at risk. But this would apply if you were employed directly for a medical practice or facility. It all depends on the severity of the alleged behavior.
Losing Your Nursing License
Once an investigation is complete, you'll be called to appear in person at a hearing, where you can defend your license. This is your one chance to state your case and present any evidence you have. In some cases, nurses opt for a settlement, which requires them to complete some required activities to allow the license to remain in place.
If the worst happens and you lose your license, you will no longer be able to practice. If your agency places you in multiple states, losing your license in one state doesn't mean you can go around the system and work in another. Most states use a database called Nursys to verify the history of a nurse's license before making hiring decisions.
In most states, you are allowed to appeal the board's decision. In this case, you'll once again attend a hearing in person and present your case. If this doesn't lead to your license being reinstated, you'll need to wait until the BON allows you to apply for reinstatement. The timeline for this varies by state, but you can expect to go at least a full year without a license.
The Lento Law Firm and Agency Nurses
Defending your license isn't easy, but the Lento Law Firm Professional License Defense Team can help. From the time you're notified of a complaint, we can work with you, helping you craft responses and prepare to appear in front of the board.
Our Team will also appear alongside you as you go in front of the board. If an appeal becomes necessary, we'll help with that as well, gathering documentation and representing you at any appeal hearings. If your agency relationship is at risk, we can take a look at your contract and advise you on how to handle things.
Agency nurses operate in an environment that's constantly changing. But when your license is at risk, the uncertainty can be troubling. The Lento Law Firm Professional License Defense Team has experience with agency nurse licensing investigations and hearings and can help you navigate the process. If you need help protecting your license, contact us at 888-535-3686 or through our online form, and we'll get in touch.
