Wyoming is the least populous state in the United States and needs to attract and keep qualified Licensed Practical Nurses (LPN) to provide professional health services in its communities. However, competent and compassionate nurses may find themselves facing stressful disciplinary actions that compromise their ability to provide the medical services that are so needed in Wyoming. Once a nurse faces a disciplinary proceeding of any kind, it is vital that they have professional advice and guidance from a law firm experienced in professional license defense in all stages of the disciplinary process, from complaint up to appeal. The Lento Law Firm is aware of all of the licensing challenges that Wyoming professionals face and works diligently to defend disciplinary actions in all phases of proceedings against nurses in Wyoming.
An LPN may find themselves facing disciplinary actions based on inaccurate allegations, misunderstandings, or honest mistakes, and it is important to fight disciplinary actions with professional legal assistance. You may suffer the suspension or revocation of your license or other negative outcomes, which may be avoided with professional legal representation in your case. Your valuable LPN license deserves protection from the Lento Law Firm's Professional License Defense team. Call us today at 888-535-3686 or contact us online.
The Law and the Databases for Licensure and Discipline of Licensed Practical Nurses in Wyoming
The Wyoming State Board of Nursing (WSBN) has the authority to regulate and enforce the Nurse Practice Act (NPA)of Wyoming, which governs all licensure and discipline of nurses in Wyoming.
Wyoming is also a member of the Nurse Licensure Compact (NLC), an agreement between more than forty states for unified licensing practices and standards overseen by the National Council of State Boards of Nursing (NNCSBN). The great benefit of the Nurse Licensure Compact is that it allows a licensed LPN in Wyoming to practice in other compact-compliant states without having to undergo additional licensure requirements. The downside of the compact is that any disciplinary action against a nurse in Wyoming is reported to all the other compact states. If you lose your professional LPN license to nurse in Wyoming, then you also lose the ability to practice in the other Nurse Licensure Compact states.
Another important database for tracking the licensure of Wyoming nurses is the NCSBN Nursys database. It is a nationwide system that not only tracks licensure information but also any disciplinary action against a nurse. Any user with access to the system can make decisions about hiring a nurse based on both the licensure and disciplinary information obtained from the website.
Since the NLC and Nursys provide widespread access to any disciplinary actions taken against an LPN by the Wyoming State Board of Nursing, it becomes vitally important for a nurse undergoing a disciplinary action to secure help from the Lento Law Firm's Professional License Defense Team to help you fight any pending disciplinary proceeding.
The Legal Grounds for Disciplinary Proceedings Against Nurses in Wyoming
The Wyoming State Board of Nursing is empowered to take disciplinary action against an LPN under the Wyoming Nurse Practice Act. The statute is listed as Procedure for Application, Licensure, and Disciplinary Matters under the Compliance section of the Wyoming State Board of Nursing website.
Under the Act, the grounds for discipline by the Board are as follows:
Disciplinary Action. The Board may take disciplinary action or refuse to issue, renew, relicense, or reinstate a license for one or more of the following acts or conduct upon proof the licensee or applicant was impaired due to:
- Physical or mental disability;
- Lack of nursing competence;
- Substance abuse;
- Substance dependency;
- Has physically, verbally, mentally, emotionally, financially, or sexually abused a client or a member of a vulnerable population;
- Has neglected a client or member of a vulnerable population;
- Has abandoned a client;
- Has distributed, sold or illegally possessed, manufactured, or used without authorization controlled or illicit drugs;
- Has taken drugs or medications for themselves or others;
- Has interfered with a plan of care for a client;
- Has performed unsafe care of a client;
- Has taken client property;
- Has taken property belonging to the facility providing client care;
- Has violated the privacy and confidentiality of a client in any form;
- Has failed to appropriately supervise;
- Has improperly delegated a nursing task.
It is important to note that all disciplinary sanctions are clearly identified by the year, nurse's name and action taken on the Compliance section of the website.
The Disciplinary Steps and Proceedings Based on a Complaint Against Nurses in Wyoming
The Board of Nursing is advised by a review committee comprised of three board members knowledgeable on discipline issues, also known as the Standing Disciplinary Process Committee. The Compliance section of the State Board of Nursing Website lists the statutory section on the committee as the “ Discipline Committee Charge.” The purpose of this committee is to “provide guidance in the areas of disciplinary matters to ensure consistency and to monitor local, state, and national discipline trends.”
The first step in the disciplinary process is the filing of a complaint. The Wyoming website has an online portal in which anyone can file a complaint against an LPN or any other nursing professional. A complaint may not be filed anonymously. Guidelines for how to file the complaint are noted online. There are also detailed guidelines on what to include when filing a complaint online. There is no time limit for filing a complaint, but the guidelines advise that a complaint should be filed as soon as possible after an alleged incident has occurred. A Complaint Process Overviewflowchart has been created by the State Board of Nursing under the Resources section of the Compliance website.
After an initial review of the complaint, the Board takes the second step, called an investigation. The staff investigator will proceed with the investigation if the complaint allegations are determined to have potentially violated the Wyoming Nurse Practice Act or Board Rules and Regulations. An Investigator from the Board staff gathers information on the allegations, and this Investigator acts as an impartial fact-finding third party. This phase can take up to 120 days.
The third step is taken by an Investigative Committee ( IC) Review. The IC has at least one Board member or the Executive Director. The IC will review the file and make a recommendation, usually within two weeks. The recommendation can include:
- Dismissal of the complaint;
- Issuance of a Notice of Warning ( NOW);
- Letter of Reprimand ( LOR);
- Restricted or Conditional License /Certificate ( Conditional);
- Suspension; or
- Revocation.
The Overview flowchart notes that dismissal or notice of warning are not considered disciplinary actions, but the Board must approve all of the IC recommendations.
The fourth step is that all discipline measures that the IC recommends are to be mailed in a notice to the licensee. The licensee then has fifteen days from the date of mailing to either request a settlement agreement or a contested hearing. Under the Administrative Rules for the Board of Nursing entitled Petition, the licensee can also be served notice electronically or by personal service. The statute gives the Licensee twenty days from the date of the mailing of the Petition to respond by “filing an answer or denying the allegations in the Petition.” The fifth step to deny the Board to approve or deny the IC recommendation.
Contested Hearings
The statute outlines all the procedures to follow for a contested hearing. The administrative procedures for a contested hearing under the Wyoming statute will apply if the licensee and the Board have not reached an upon agreed-upon settlement of the allegations. The contested hearing is conducted and presided over by a hearing officer pursuant to all the applicable rules of the Wyoming Administrative Procedures Act (WAPA) and the Office of Administrative Hearings rules concerning contested case proceedings incorporated by reference.
It is important to note that in the event the licensee does not respond to the allegations contained in the Petition and/or does not appear at a scheduled contested hearing, the Board has the right to issue a default judgment against the licensee.
In terms of the burden of proof, the IC “shall bear the burden to prove by clear and convincing evidence, that a licensee violated the Act, Board Rules or both.”
Penalties that the Board May Impose After a Contested Hearing
Following the hearing, and after consideration of all evidence presented and admitted at a contested case hearing by all parties, the Board may, under the statute:
(A) Issue, renew, reactivate, relicense, or reinstate a license;
(B) Issue, renew, reactivate, relicense, or reinstate a license subject to reprimand, conditions, restrictions, or other disciplinary action;
(C) Deny a license, renewal, reactivation, re-licensure, or reinstatement;
(D) Approve or deny a petition for modification;
(E) Dismiss the Petition for lack of clear and convincing evidence;
(F) Issue a Notice of Warning; or
(G) Impose a reprimand, conditions, restrictions, suspension, revocation, other discipline, or a combination thereof.
After the hearing, the board issues a written decision or order, which is sent to the licensee or legal representative by regular or certified mail and is considered a public record available for inspection. This public record is not only listed under the Wyoming Compliance section of the website, but it will also be reported to the Nursys Database, the National Council of State Boards of Nursing, The LPN newsletter, and to any other states where a licensee holds a license. These listed penalties represent a real threat to a LPN's career and should be taken with the greatest seriousness. The widespread dissemination of disciplinary measures has an enormous impact on an LPN's ability to practice their profession. It is, therefore, crucial to obtain the best legal advice possible when faced with a contested administrative hearing to prevent an avoidable negative result that can permanently affect your career. The Lento Law Firm's Professional License Defense Team will stand by you, ready to defend all of your legal rights and your hard-earned license.
Appeal from a Board Decision
All appeals from a Board Decision are governed by the Wyoming Administrative Procedures Act. All appeals are filed in the District Court. The party bringing the appeal bears the costs of transcripts and other reasonable record costs.
Under the relevant rules for procedure, the court on review will decide all questions of law, interpret constitutional or statutory provisions, and determine the applicability and meaning of any agency action.
The District Court has the power to :
- Compel agency action unlawfully withheld or unreasonably delayed; and hold unlawful and set aside agency action, findings, and conclusions found to be:
- Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
- Contrary to constitutional right, power, privilege, or immunity;
- In excess of statutory jurisdiction, authority, or limitations or lacking statutory right;
- Without observance of procedure required by law; or
- Unsupported by substantial evidence in a case reviewed on the record of an agency hearing provided by statute.
Under the applicable rules, a party may appeal a final judgment of the District Court to the Supreme Court of Wyoming. Judicial Appeals are complex and time-sensitive. At this point in the adjudication of an LPN discipline case, a nurse may feel so discouraged that they are almost certain that a negative result cannot be overturned on appeal. However, It is vitally important to seek professional legal counsel when considering an appeal of an unfavorable hearing decision.
The Lento Law Firm's Professional Legal Defense Team will work tirelessly to preserve and protect your rights to an appeal and help you through every step of the appeal process. It is not too late to obtain the legal assistance you need to help you in the fight to protect your valuable nursing license. Do not delay; get our experienced legal help with your appeal. Call today at 888-535-3686 or contact us online.
