The Nurse Practice Act (NPA) in Wisconsin is the state law addressing such matters as:
- Nurse licensure processes
- The authorities of the Wisconsin Board of Nursing (referred to simply as “the Board” going forward)
- The different types of nursing licenses available in Wisconsin
This law applies to licensed practical nurses (LPNs) and registered nurses (RNs) in Wisconsin. The NPA also addresses the conduct that can result in a nurse or their license being subject to disciplinary action. Under the Wisconsin NPA, the Board has the authority to take such forms of disciplinary action as the following when nurses engage in misconduct:
- License denial
- Formal reprimand
- Suspension
- Revocation
Understanding the NPA and its terms can help you avoid the types of violations that could result in limitations to your ability to practice nursing in Wisconsin.
However, if you're ever subject to a Board investigation, be aware that you have the right to hire an attorney. Just make sure you hire someone with relevant experience.
At the Lento Law Firm, our Professional License Defense Team specifically works with nurses and other such professionals in Wisconsin whose licenses may be on the line. Find out more about what we can do for you by submitting your information through our online contact form or calling our offices at 888-535-3686.
Grounds for Taking Disciplinary Action Per the Wisconsin Nurse Practice Act
The Wisconsin NPA establishes the general rules of conduct for nurses in the state. Within this section, the law also addresses the reasons the Board may take disciplinary action against a Wisconsin nurse. They are:
- Noncompliance with reporting requirements: Reporting requirements apply when nurses are required to report certain information about themselves or their peers. For example, a nurse with a criminal conviction may be required to report it to the Board when applying for a license, applying to renew a license, or shortly after the conviction has been entered. According to the Wisconsin NPA, a nurse may be subject to disciplinary action for failing to comply with “federal, jurisdictional, or reporting requirements.”
- Being convicted of a crime substantially related to the practice of nursing: Not all criminal convictions are grounds for disciplinary action under the Wisconsin NPA. The Board may take disciplinary action against a nurse's license if they're convicted of a crime that is related enough to their work that such a conviction indicates they can't do their job properly or safely. The Board may also take action against the license of a nurse who aids or abets someone who commits such a crime.
- Violating consent, confidentiality, disclosure, or patient privacy rules: This type of violation can take several potential forms. It can range from carelessly failing to safeguard a patient's private information to recklessly sharing this information with others.
- Engaging in fraud, deception, or misrepresentation: Misconduct involving deception is another violation that can happen in various ways. Sometimes, nurses engage in deceptive tactics by altering patient or personnel records. Or, they may misrepresent their credentials to patients, the Board, or other such parties. Another common form of this violation is submitting false claims and engaging in other such tactics for one's own personal financial benefit.
- Improper supervision: A nurse tasked with supervising other nurses working under them may face disciplinary action if they fail to supervise their charges properly. For example, a nurse might get in trouble with the Board if they delegate tasks to someone else while knowing that the person to whom they delegated said tasks lack the qualifications or experience necessary to complete them safely. Similarly, a nurse can be subject to disciplinary action if they allow someone under their supervision to practice nursing without a license.
- Improper prescribing, dosing, or administering: Nurses often have access to prescription medications. They can get in trouble if they prescribe, dose, administer, or otherwise use these drugs in any way that doesn't align with what the law permits.
This section of the Wisconsin NPA also states that nurses may face disciplinary action if they engage in:
- Misconduct/abuse
- Unsafe practice or substandard care
The law provides many examples of the specific types of acts or violations that may constitute either of the above. Thus, these two types of misconduct that can result in disciplinary action deserve their own sub-sections within this general overview.
What Qualifies as Misconduct or Abuse Under the Wisconsin NPA?
The Wisconsin NPA defines misconduct or abuse as any of the following:
- Attempting to obtain money from a patient or their family (even if a nurse is only “borrowing” the funds)
- Attempting to obtain any form of compensation through means such as fraud, misrepresentation, or duress
- Abusing a patient (which can include physical abuse, mental pressure, deprivation, harassment, and neglect) in a manner that could reasonably be expected to cause injury, pain, fear, or mental anguish
- Engaging in disruptive behaviors (whether they be repeated behaviors or a single significant one) or interactions that in some capacity interfere with the quality of care the patient receives
The law further describes one form of misconduct or abuse as “violating professional boundaries.” Examples of the law provides of this violation include:
- Not establishing, maintaining, or properly communicating professional boundaries with patients
- Getting into relationships with patients that could interfere with a nurse's professional judgment
- Exploiting the professional relationship a nurse has with a patient for one's sexual, financial, emotional, or other such personal benefit
- Being involved in a dual relationship with a patient (such as being their nurse and their romantic partner) in circumstances when doing so could compromise a nurse's ability to provide a patient with effective care
- Engaging in any sort of dual relationship with a patient when practicing mental health nursing
- Self-disclosing any information to a patient that in any capacity could negatively affect a patient's well-being or their care
- Using a patient's confidence in any way that disadvantages the patient or personally advantages the nurse
- Accepting cash from a patient or their family
- Accepting gifts that are greater than “minimal value” from a patient or their family
The law also states the Board can take legal action against nurses for engaging in sexual misconduct with patients. Under the NPA, sexual misconduct rules don't apply when nurses already have established personal relationships with patients, and there's no evidence to suggest a nurse could exploit this relationship in a manner that negatively impacts a patient.
Otherwise, the law states that sexual misconduct may involve:
- Engaging in sexually explicit behavior, sexual contact, sexual exposure, or other such sexual behaviors in a patient's presence
- Any conduct that a patient could reasonably interpret as being sexual in nature
- Verbal conduct that could qualify as sexual harassment
- Photographing, recording, or even posing a patient or any part of their body for any purpose other than legitimate medical reasons
- Using electronic media (such as emails, texts, etc.) to transmit any images or information about a patient that could reasonably be interpreted as being sexual in nature or sexually demeaning to a patient
- Engaging in sexual behavior with a former patient (or attempting to seduce them) if there's reason to believe doing so would result in a patient being exploited
Generally, the NPA's sexual misconduct rules apply to both current and former patients. However, as may already be clear, the law can be somewhat gray when a nurse has an existing relationship with a patient. These are the types of factors and details we at the Lento law Firm's Professional License Defense Team consider when representing nurses facing disciplinary action against their licenses.
What Qualifies as Unsafe or Substandard Care Under the Wisconsin Nurse Practice Act?
Engaging in unsafe or substandard care is another reason the Board may take disciplinary action against a nurse's license under the Wisconsin NPA. The law provides the following examples of this form of misconduct:
- Practicing nursing without reasonable skill and safety
- Lacking the knowledge, skill, experience, etc., necessary to perform one's required functions as a nurse
- Departing from minimal standards of accepted nursing care in a manner that could pose a risk to a patient, regardless of whether they sustain any actual injury or harm
- Leaving a nursing assignment without reporting to other personnel so that a patient isn't neglected
- Practicing nursing under the influence of drugs/alcohol, or while otherwise impaired by substances that interfere with a nurse's ability to practice safely
- Being unable to practice nursing safely due to a drug or alcohol problem
- Being unable to safely practice nursing safely because of a psychological or mental condition
- Being unable to practice nursing safely due to a physical illness or other such impairment
- When encountering a situation beyond one's scope of practice, not properly consulting with another medical professional, or waiting too long to consult with one
- Failing to treat a patient
- Failure to perform proper infection control
- Failing to provide a patient with medically necessary services or items
- Engaging in illegal discrimination against patients
- Executing an order despite knowing that doing so could involve a significant risk of harm to a patient
- Not executing an order, unless said order is inappropriate and a nurse has reported the inappropriate order to a supervisor or other such authority accordingly
- Not properly monitoring, recording, and reporting a patient's condition and any relevant changes
This section of the Nurse Practice Act in Wisconsin is broad. Sometimes, a nurse may be subject to disciplinary action simply because they lack the skills necessary to safely perform certain nursing tasks. Some forms of disciplinary action, like probation or suspension, can allow a nurse to fill in these skill, knowledge, or experience gaps, so that they may ultimately continue to practice nursing more effectively.
Other cases may involve nurses facing disciplinary action for intentional acts that could jeopardize the safety of patients, like discriminating against patients or otherwise not providing them with the services they need. Depending on numerous factors, the disciplinary action a nurse may face in these circumstances could be more significant, with the potential for license revocation in some cases.
What the Nurse Practice Act in Wisconsin Says About Summary Suspensions
The Board must investigate a case to take disciplinary action. However, there are circumstances when the Board may determine it's necessary to promptly limit a nurse's ability to practice in Wisconsin.
For example, maybe the Board receives a complaint indicating a nurse has a significant substance abuse problem and is routinely arriving to work impaired. The Board might thus conclude that allowing a nurse to continue practicing in this condition would represent an unreasonable risk to public safety.
The Board has the authority to summarily suspend a nurse's license in these types of scenarios. The Wisconsin NPA states the Board must justify its reason for doing so. When the Board decides summary suspension is necessary, a nurse will typically be unable to practice until an investigation is resolved, and the Board can make a determination regarding whether any other disciplinary action is appropriate.
A nurse whose license has been subject to summary suspension can request a hearing. During the hearing, the Board must show cause for summary suspension. The nurse also has the opportunity to cross-examine witnesses and present their side of the story.
Having legal counsel by your side is extremely helpful during a hearing (as well as during all stages of the Board investigation process). At the Lento Law Firm, our Professional License Defense Team is available to offer qualified assistance if your license has been subject to summary suspension by the Board.
Contact the Lento Law Firm if You're Accused of Violating the Wisconsin Nurse Practice Act
Being accused of violating the NPA in Wisconsin can be a very frightening and intimidating experience. During a Board investigation, you might worry that the disciplinary action you face could prevent you from working in your chosen field.
You don't have to let worry and fear paralyze you right now! At the Lento Law Firm, our Professional License Defense Team has the experience necessary to defend your professional license—and the career you've worked so hard for. Get started today by calling us at 888-535-3686 or contacting us through our online form.
