An accusation of professional misconduct can be a significant cause for concern if you're a nurse practitioner in Wyoming. Depending on the nature of the complaint, your license to continue practicing in the state (or elsewhere) may be jeopardized.
You've worked hard for your career. Now is not the time to leave matters to chance. If you find out someone has filed a complaint against you, take the matter as seriously as you would a criminal charge.
Hiring an attorney is extremely wise in these circumstances. Our Professional License Defense Team at the Lento Law Firm can offer the representation you need, protecting your future as a nurse practitioner in Wyoming. Learn more by contacting us through our online form or calling our offices today at 888-535-3686.
Who Regulates Nurse Practitioner Licenses in Wyoming?
In Wyoming, a Certified Nurse Practitioner (CNP) is a type of Advanced Practice Registered Nurse (APRN). The Wyoming State Board of Nursing (WSBN, or simply the Board) regulates licenses for APRNs in the state. Someone filing a complaint against a nurse practitioner in Wyoming would do so by submitting one to the Board.
Who Can File a Complaint Against a Nurse Practitioner in Wyoming?
Anyone may file a complaint against a CNP or other such licensee in Wyoming. The Board actively encourages people to file complaints to ensure the safety of the public.
In addition, the law requires certain parties to alert the Board when nurses and other licensees lose their jobs due to relevant causes.
Someone filing a complaint against a nurse practitioner in Wyoming should include the following information with said complaint:
- Who: Naturally, a complaint should identify the nurse practitioner who allegedly engaged in misconduct or a violation of the law/Board rules. It should also name any victims of their actions or neglect. The complaint may also identify witnesses or other such parties that may be involved.
- What: Ideally, a complaint will cite the specific law or rule that a nurse practitioner has violated. That said, the Board will review all complaints to determine if disciplinary action is necessary. Even if someone filing a complaint can't name the applicable statute or regulation, their description of a nurse practitioner's actions or behaviors can indicate to the Board that a genuine violation has occurred. Additionally, the complaint should address the “how” of a nurse practitioner's actions or behaviors. For example, if someone accuses a CNP of misappropriating funds, they should explain how they did so.
- Where and When: A complaint should describe the setting in which a violation occurred as well as the setting in which the complainant witnessed or became aware of it. In some cases, where a violation initially occurred and where or how a complainant learned of it might be different. For instance, a complainant may believe a CNP has inappropriately used patient records because they found said records stored in the wrong location on a nurse's computer.
There is no time limit for filing a complaint. Per the law, if an institution or party is required to report suspected violations, they are shielded from civil liability as long as they file complaints in good faith without malice.
Reasons People File Complaints Against Nurse Practitioners in Wyoming
Someone may file a complaint against a nurse practitioner for any of the following reasons under Wyoming law:
- Engaging in an act that deviates from the generally accepted standards of nursing practice as the Board defines them
- Being found guilty of a misdemeanor or felony that negatively relates to nursing practice or one's ability to serve as a nurse or entering an Alford plea or nolo contendere plea for such a misdemeanor or felony
- Engaging in fraud or deception when pursuing or receiving a nursing license, filing or reporting health information, signing a report or record, claiming to have the authority to practice nursing, or submitting information to the Board
- Being unable to safely or competently practice nursing due to a physical or mental disability
- Being unable to safely or competently practice nursing due to drug use or the use of other mind-altering materials
- Engaging in unauthorized possession or use of controlled substances
- Having a license to practice nursing, nurse assisting, or a similar form of health care suspended, revoked, denied, or limited anywhere else in the U.S.
- Practicing nursing in Wyoming without a valid license or temporary permit
- Knowingly and willfully failing to report violations of the law or Board rules and regulations to the Board
- Knowingly engaging in a nursing act/task without the proper qualifications, education, expertise, tools, etc.
- Failing to submit to a mental, physical, or other such medical competency exam despite the Board submitting a valid request
- Violating a previous order from the Board
The Board also has the authority to take disciplinary action when someone has violated Chapter 8 of the Board's rules. Several of these violations overlap with the above. Others are:
- Intending to practice nursing while under the influence of drugs, alcohol, or other such substances
- Abusing members of vulnerable populations
- Engaging in sexual misconduct as defined by Wyoming law
- Neglecting a patient/client/member of a vulnerable population
- Abandoning a client
- Without proper authorization, distributing, selling, or using illicit drugs
- Improperly diverting medications, whether for themselves or for others
- Improperly interfering with a client's plan of care
- Performing unsafe client care
- Violating client boundaries (i.e., developing a sexual relationship with a client or entering into a financial transaction with a client)
- Misappropriating client property
- Misappropriating health care facility property
- Violating client privacy and/or confidentiality in any capacity
- Failing to appropriately supervise others
- Delegating a nursing task improperly (i.e., delegating a task to someone without the proper qualifications or authority for such a duty)
- For an APRN (which includes nurse practitioners), failing to adequately monitor or supervise those under their direction
- Aiding another nurse practitioner or other licensee in practicing beyond the scope of their qualifications
- Improperly prescribing, dispensing, administering, or distributing drugs (i.e., not adequately explaining to a patient how to take certain drugs)
- Prescribing, dispensing, administering, or distributing drugs/medications for improper purposes
- Prescribing or dispensing drugs/medications to individuals who aren't their patients or aren't within the scope of their practice
If you learn that someone has filed a complaint against you, it's very important to determine the specific violation they're accusing you of. At the Lento Law Firm, our Professional License Defense Team can tailor a defense strategy to your needs by reviewing a complaint and defining the essential nature of the accusations.
What Does the Nurse Practitioner Complaint Process Involve in Wyoming?
When someone files a complaint against a CNP in Wyoming, the process usually involves the following steps:
- Initial review: The purpose of the initial review is to determine whether the Board has jurisdiction to further investigate a complaint. Board members conducting the initial review will determine jurisdiction by determining whether the alleged misconduct represents a violation of the Wyoming Nurse Practice Act or the Board's rules/regulations.
- Investigation: The Board will open an investigation if it finds it has jurisdiction. An Investigator handling the case will gather evidence while ideally serving as an impartial third party. They have 120 days to complete this phase.
- Investigative Committee Review: At least one member of the Board or its Executive Director with qualifications to handle disciplinary processes will serve on the Investigative Committee (IC). At this stage, the IC's role is to review the file the Investigator has prepared. Usually, this phase lasts a maximum of two weeks, but there can be exceptions.
- IC Recommendation: The IC may recommend disciplinary action after reviewing the file. Further down, this overview addresses the different types of disciplinary action the IC may recommend. The IC can also recommend dismissing a complaint at this stage. The Board must typically approve the IC's recommendation if it opts to dismiss a complaint. Even if the IC dismisses a complaint, it may issue a Notice of Warning. While this won't affect a nurse practitioner's license, it does indicate they may need to address certain issues to avoid disciplinary action in the future.
- Notice: If the IC chooses to move forward with disciplinary action, it will send a Notice of Intent to the CNP against whom a complaint was made.
Types of disciplinary action the Board can recommend are:
- Letter of Reprimand
- Restricting or imposing conditions on a license
- License suspension
- License revocation
Be aware that the law also grants the Board the authority to alert the district attorney's office when its investigation yields evidence a law has been broken.
This is another reason to hire a lawyer when facing allegations of professional misconduct as a nurse practitioner in Wyoming. Although this type of case may not be a criminal matter, it can turn into one. Members of our Professional License Defense Team at the Lento Law Firm can help you prepare accordingly.
What Happens After the Board Sends a Notice of Intent?
A nurse practitioner who receives a Notice of Intent letter from the Board has 15 days to respond to the letter. They have two options when responding to a Notice of Intent:
- Requesting a hearing: A hearing involves the IC presenting evidence the way a prosecutor may present evidence in a criminal trial or hearing. Per the Board's own rules, the burden of proof is on the IC to show that a violation has occurred.
- Requesting a settlement: Someone facing charges in a criminal case may enter into a plea bargain with the prosecution. This typically involves admitting to some or all of the charges in exchange for a more lenient sentence than they'd otherwise receive. When someone files a complaint against a CNP in Wyoming, the target of the complaint may have a similar option, as they can request to negotiate a settlement with the Board.
Professional legal assistance is valuable at all stages of the complaint process. However, it can be particularly helpful when determining how to respond to a Notice of Intent letter.
At the Lento Law Firm, members of our Professional License Defense Team can review the details of your case and explain your options. If you decide to request a hearing, we can represent you, just as a criminal defense attorney would represent a client during a trial.
We can also help you understand whether negotiating a settlement is a good idea. That said, no lawyer can ethically promise a specific outcome to your case, nor can we force you to take any particular action. What we can do is provide the defense you're entitled to when your professional license is on the line.
What You Need to Know About the Nurse Licensure Compact
Most states in the U.S. participate in the Nurse Licensure Compact (NLC). Wyoming is no exception.
The NLC offers certain benefits to nurses practicing in participating states. For example, perhaps you're a nurse practitioner who earns a license in Wyoming, but you want to move or temporarily relocate to practice in another state. If that other state also participates in the NLC, you don't need to go through the licensing process again. Your license is transferable.
However, it's important to understand that states participating in the NLC share information with one another. If you're subject to disciplinary action in Wyoming, information about said disciplinary action may be available through Nursys, a national licensure and disciplinary database for nursing professionals. Thus, disciplinary action in Wyoming can affect your ability to practice elsewhere in the country.
A Wyoming Nurse Practitioner License Defense Lawyer Can Help
Our team at the Lento Law Firm defends nurse practitioners throughout Wyoming, including such metro areas as:
- Cheyenne
- Casper
- Laramie
- Gillette
- Rock Springs
The benefits of hiring a lawyer when your professional license is in jeopardy are numerous. Examples include (but aren't limited to):
- Having someone to help with administrative tasks (like responding to a complaint)
- Being able to ask a legal professional to explain certain details of your case
- Enjoying the peace of mind that comes from knowing you have a defender on your side
Those are just some of the reasons to enlist the help of our Professional License Defense Team at the Lento Law Firm. For more information about what we can do for you, contact us online or call us at 888-535-3686 today.
