Being a Wyoming agency nurse is admirable and respected, yet it comes with its share of demands. The physical toll, long hours, frequent travels, and constant transitions between facilities can leave you feeling drained. It certainly doesn't help that agency nurse positions typically lack the same benefits as staff nurses. Despite your tireless efforts to safeguard your patients' health and well-being, your dedication often goes unnoticed by patients, their families, and even your employer. You likely consistently prioritize your patients' needs over your own, making facing disciplinary action against your professional license all the more disheartening.
As an agency nurse, you're accustomed to navigating stressful situations. However, dealing with disciplinary action against your license presents a unique and daunting challenge. It's natural to feel uncertain about handling this situation's emotional and logistical aspects. You are likely wondering who reported you and why. You may hesitate to reach out to friends and family for support out of shame or embarrassment. Even if you are not guilty of the allegations against you, fears about the implications and whether others will think you are guilty are normal. Understanding the potential consequences and how to mount a defense only adds to the complexity of this already taxing scenario.
The Lento Law Firm Professional License Defense Team supports you through this difficult time. Our Team specializes in addressing disciplinary cases involving Wyoming agency nursing licenses. With extensive knowledge of the disciplinary process, potential outcomes, and effective defense strategies, our attorneys are prepared to advocate for your license. We recognize your dedication, effort, and investment in your career and understand the importance of protecting your license. To begin working with our Team, reach out to us at 888-535-3686 or contact us online today.
Wyoming Agency Nurse Regulatory Body
The Wyoming State Board of Nursing handles all disciplinary matters relating to nursing, amongst various other tasks, including licensure, educational requirements, examination requirements, promulgation, and enforcement of nursing rules, regulations, and policies.
Wyoming Agency Nursing Relevant Laws and Regulations
The Wyoming Nurse Practice Act is the main law governing agency nurses in Wyoming. The law sets standards for nursing practice throughout the state, covering licensing and certification requirements, scope and standards of practice, educational program requirements, application procedures, and the procedures for addressing disciplinary matters.
In addition to the Wyoming Nurse Practice Act, some rules and regulations expand upon the topics covered in the law. Being familiar with these rules and regulations is important because they detail the grounds and procedures for disciplinary complaints against agency nurses. The information in the sections below is drawn from the Wyoming Nurse Practice Act and the Board of Nursing's rules and regulations.
Wyoming Agency Nursing License Disciplinary Allegations
Regardless of the severity of the allegations against you, it is crucial to approach disciplinary claims against your license with utmost seriousness and reach out to an attorney at the Lento Law Firm. While it's essential to immediately address the threat to your license, do not panic. It is important to remember that no determination of guilt has been made, and there's no assurance disciplinary action will be taken against your agency nursing license. The Board must follow specific procedures, conduct thorough investigations, and allow you to mount a defense before any disciplinary measures can be taken against your agency nursing license. Your Lento Law Firm attorney will diligently advocate for your case to maximize the likelihood of a favorable resolution.
Wyoming Agency Nursing License Disciplinary Actions
When you face disciplinary action against your Wyoming agency nursing license, you have a long road ahead. It can take many months to determine your case and even longer if it is appealed. Every case is different, but most cases will follow this timeline and procedure:
Complaint
The disciplinary process begins with a complaint being submitted to the Board. The Board only accepts written complaints containing the name, signature, and address of the complainant; complaints, therefore, cannot be made anonymously. There are no limitations on who can file a complaint. Most often, complaints are filed by patients, patients' friends and family, or someone within your workplace. The Board will only take complaints seriously and initiate the investigatory process if the complaint is detailed. Complaints must contain:
- The name, address, place of employment, and position of the agency nurse
- The nature of the complaint and description of the events, with dates, times, and locations
- A detailed description of the alleged violation of the Wyoming Nurse Practice Act or Wyoming Board of Nursing rules and regulations
- Supporting documents include, but are not limited to, signed witness statements, including contact information for the witness, medical releases or records, law enforcement records, court documents, investigative reports
- Work schedules, employment policies, and procedures, workplace assignments, and staffing at the time of the incident
- Documentation of prior employment disciplinary action
After the Board accepts the complaint, it will notify the agency nurse who is the subject of the complaint. You need to hire an attorney as soon as you receive notice that a complaint has been filed against you. The Lento Law Firm Professional License Defense Team has represented countless Wyoming agency nurses facing licensure disciplinary action. As the Board moves forward with the complaint against you, you need someone advocating for your rights, licensure, and professional reputation.
Investigation
Once the Board receives a complaint, it will give the complaint and the supporting information to its disciplinary committee, which will include at least one board member. The committee is charged with reviewing the complaint, supporting documentation, and investigating the complaint.
The disciplinary committee will first review the complaint to see whether the agency nurse has a potential mental or physical condition that is an issue in the case. If so, the disciplinary committee can issue an order requiring the agency nurse to get a physical or mental evaluation. While it is incredibly unfair and even seemingly inappropriate that the disciplinary committee can demand you, the agency nurse, get a physical or mental health evaluation, if such is ordered, you must comply and sign a written release to the provider allowing them to share your records with the disciplinary committee and the Board. If you fail to do so, you are considered to have failed to complete your competency evaluation and are violating the Nurse Practice Act.
Unfortunately, the agency nurse may not select their own physician or therapist, and they have no say in which provider they will see. The disciplinary committee will select who they deem to be a qualified provider and notify the agency nurse. The disciplinary committee must provide the agency nurse with reasonable notice of their examination and provide the nurse with the time, place, manner, and scope of the exam. Once the examination is complete, the disciplinary committee, Board staff, and the agency nurse will receive a copy of the provider's report. The report will detail what tests were performed and any diagnoses or conclusions.
The investigation phase will also include interviews of witnesses and relevant parties and the collection of any additional documentation, photos, or videos the disciplinary committee feels necessary to thoroughly investigate the complaint.
Negotiations
While the disciplinary committee pursues its investigation and before it makes a preliminary determination, your Lento Law Firm attorney can work with the disciplinary committee and the Board to come to an early resolution. The Lento Law Firm Professional License Defense Team is experienced in negotiating settlements on behalf of their agency nurse clients, obtaining better outcomes, and expediting the process instead of the full disciplinary action process. Your Lento Law Firm attorney will work with you to fully understand the terms you feel comfortable with in a consent agreement and ensure the disciplinary committee does not take advantage of their authority when negotiating a deal.
Initial Determination
When the investigation is complete, the disciplinary committee will review all the complaints and information collected and decide. After it completes its investigation, the committee can take various actions against an agency nurse and their license. If the evidence collected does not substantiate a violation of the Wyoming Nurse Practice Act or Board of Nursing rules and regulations, the disciplinary committee can dismiss the complaint without further action.
Alternatively, the disciplinary committee may recommend that the Board approve a settlement agreement, as permitted under the Wyoming Nurse Practice Act and the Wyoming Administrative Procedure Act. As discussed in the section above, your Lento Law Firm attorney will negotiate with the disciplinary committee on your behalf to get you the best possible terms in a settlement agreement. If you feel the terms are acceptable, you can proceed with the settlement agreement. Still, your Lento Law Firm attorney will discuss the risks and benefits of settlement agreements beforehand. For example, settlement agreements generally require an admission of guilt, which can sometimes have unintended consequences. You should not rush into a settlement agreement just to end this nightmare. Your Lento Law Firm attorney will be here to work you through the pros and cons and guide you to the best decision for you.
If a settlement agreement is not offered and the complaint is not dismissed, the disciplinary committee will initiate a formal disciplinary proceeding; this proceeding includes making a recommendation to the Board that will include one or more of the following disciplinary actions:
- Revocation
- Suspension
- Reprimand
- License restriction
- License or certificate non-renewal
When the disciplinary committee initiates formal proceedings, it may also request that the Board issue an order to temporarily suspend your license if they believe your licensure presents a clear and immediate danger to the public health, safety, and welfare if you are allowed to continue practicing.
Before the Board can initiate a formal proceeding, you must be notified of the Board's intent to begin formal proceedings and provide you the opportunity to demonstrate you are, in fact, in compliance with the law or regulation you are allegedly violating. You only have 15 days from receipt of the notice of intent to initiate formal proceedings to submit evidence of compliance. If you have not yet retained an attorney, it is time to call the Lento Law Firm to ensure you have everything needed to best present a case that you are currently in compliance with all laws and regulations and that the Board should not pursue a formal proceeding.
The Board will review the disciplinary committee's recommendation and decide for itself. The Board may approve the disciplinary committee's recommended course of action outright. If the Board doubts approving the disciplinary committee's decision, it may choose to hear the case by conducting a contested case hearing.
Contested Case Hearing
If a contested case hearing is required, you will be notified at least 20 days before the set hearing date with information on the hearing's time, date, and location. The notice will contain a statement of the allegations against you, the facts upon which the complaint is based, and the specific violations of the Wyoming Nurse Practice Act and Board of Nursing rules or regulations you have allegedly violated.
The Board will review all evidence during a contested case hearing. Any Board member who was a member of the disciplinary committee will not be able to participate in decision-making on the case. Still, they may attend the case hearing and potentially even provide testimony.
If you have not yet retained the Lento Law Firm Professional License Defense Team, now is the time to pick up the phone. Contested case hearings are like court cases; just as you would never represent yourself in court, you should not represent yourself in a contested case hearing. Your Lento Law Firm attorney is familiar with all the rules and procedures that dictate the contested case hearing process. Your attorney knows all the restrictions and permissions on evidence, witness testimony, cross-examination, and more.
Additionally, you only have 20 days from receiving notice to respond. A default judgment will be filed against you if you do not respond in time. A default judgment means that you are assumed guilty of the allegations against you, you have waived your right to defend yourself, and the decision is final. The sooner you retain the Lento Law Firm, the sooner they can prepare your answer and ensure you do not lose the opportunity to defend yourself and your Wyoming agency nursing license.
Your contested case hearing will typically follow this trajectory:
- The presiding officer of the Board will call the hearing to order
- The parties' attorneys will present opening statements
- Each party will present their evidence in support or defense of the complaint
- Witnesses will be examined and cross-examined by the parties' attorneys
- Rebuttal evidence will be presented as permitted by the hearing examiner
- Each party's attorneys will present closing arguments
- The hearing examiner will conclude the hearing and dismiss the parties and witnesses, leaving the Board to deliberate
Board of Nursing Decision
Once the Board has finished deliberations, it will make a decision and memorialize it in a document called a decision and order. This document will include findings of fact and conclusion of law. You will receive the decision and order through the mail. Still, your Lento Law Firm attorney will be notified immediately and will contact you before the decision and order even reach your mailbox.
The Board may dismiss the complaint for lack of clear and convincing evidence. Suppose there is evidence to support a violation of the Wyoming Nurse Practice Act or Board of Nursing rules or regulations. In that case, the Board may still choose not to take disciplinary action due to significant mitigating factors. If the Board does find a violation without appropriate mitigating factors, the Board may pursue one or more of the following disciplinary actions:
- Revocation
- Suspension
- Reprimand
- License restriction
- License or certificate non-renewal
The Board's decision and ordered disciplinary action become effective as soon as they are filed unless otherwise stated in the order.
Appeals
You may feel that the Board has taken unfair disciplinary action against your license; if so, you are legally entitled to appeal the Board's decision. Appealing the Board's decision is a civil litigation action, meaning it is a formal court proceeding. Your Lento Law Firm attorney will begin the appeals process by filing a motion with the appropriate Wyoming court, after which a trial will be scheduled. The result of the appeal will be final.
If you have gone through the disciplinary process alone thus far, it is not too late to get legal representation from the Lento Law Firm Professional License Defense Team. You should not be embarrassed about not retaining counsel earlier. As an agency nurse, you are often in control of stressful situations, and you may have thought you could handle this on your own, but you no longer have to. Our Team frequently enters agency nurse disciplinary action cases at the appeals stage. We understand the process is discouraging, and you might wonder if all hope is lost and an appeal is even worth it. The answer is yes; the Lento Law Firm often gets better results on appeals for its agency nurse clients, and this could be true for you.
Grounds for Disciplinary Action Against Your Wyoming Agency Nursing License
In Wyoming, an agency nurse may face disciplinary action for violating the Wyoming Nurse Practice Act, any Board of Nursing rule or regulation, or participating in any act inconsistent with uniform and reasonable standards of nursing practice. Some of the actions that can threaten an agency nurse's license include:
- Fraud or deceit
- Unsafe practice
- Misappropriation of patient property
- Abandonment
- Abuse
- Sexual abuse
- Neglect or offering substandard care
- Violations of privacy or confidentiality
- Drug diversion
- Sale, unauthorized use, or manufacture of controlled or illicit substances
- Criminal conviction
- Unprofessional conduct
- Failure to comply with reasonable requests from the Board, including response to complaints, formal proceedings, application or renewal information
- Lack of nursing competency
- Impairment due to mental illness
- Impairment due to physical illness
- Impairment due to chemical or alcohol use disorder
Areas We Serve in Wyoming
The Lento Law Firm Professional License Defense Team represents agency nurses working throughout Wyoming. Many of our clients have been based in Cheyenne, Casper, Gillette, and Laramie, but we can be wherever you need us in Wyoming. Our Professional License Defense Team, agency nurse clients, work in various healthcare settings, from big hospitals to nursing homes and in-home patient care. The Lento Law Firm has represented agency nurses working in hospitals throughout the state, including Ivinson Memorial Hospital, Powel Valley Hospital, Hot Springs Health Memorial Hospital, and Banner Wyoming Medical Center.
Retain the Lento Law Firm Professional License Defense Team for Wyoming Agency Nurses
Don't navigate the threats to your Wyoming agency nursing license by yourself. To put forward your best defense and maximize your chance of preserving your license, it's crucial to enlist the help of a skilled attorney from the Lento Law Firm's Professional License Defense Team. Our attorneys will zealously advocate for your agency's nursing license, livelihood, and reputation. At the Lento Law Firm, we admire everything you have gone through to obtain your agency nursing license and appreciate everything you do for patients throughout Wyoming. Our Team is dedicated to utilizing every resource to ensure the preservation of your license and your swift return to serving our community. To retain the Lento Law Firm Professional License Defense Team, reach out to us today at 888-535-3686 or contact us online.
