NURSING LAW NEWS

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A nursing career demands a high level of public trust, which is why the state boards of nursing holds their licensees to high standards. It only takes a single allegation of wrongdoing to put your license under scrutiny. If you receive notification of a pending investigation, the first and best step you can take is to seek the help of a long-term, experienced nursing license defense attorney to fight to protect your interests and your career.

 

Gervase Law firm has extensive experience in navigating the licensing systems and defending against misconduct allegations. We will work tirelessly on your behalf to make sure your rights are protected. Your chances of a favorable outcome with the board of nursing increase considerably with a good attorney in your corner.

 

 

Frequently Asked Questions:

 

What types of offenses could put your nursing license in danger?

 

Some general categories of misconduct that are likely to result in an investigation:

 

1. Mishandling/misuse of drugs. Examples include diverting medications intended for patients, pilfering medications for your own use, failing to document medications correctly, or submitting unauthorized or forged prescriptions to pharmacies.

2. Sexual misconduct. For example, having inappropriate sexual relationships with patients or sexually harassing colleagues.

3. Patient abuse or neglect. If a nurse physically, verbally, or mentally abuses a patient, or fails to provide them with timely or sufficient treatment, this may result in the loss of the nurse's license.

4. Fraud. Examples include falsifying patient records or work hours, overstating credentials, sending incorrect or inflated bills to insurance companies, etc.

5. Criminal convictions. Convictions of specific charges (such as driving under the influence or drug possession). You can also lose your license if you do not disclose a recent charge or conviction.

6. Documentation or medical errors.

 

These are only some of the potential offenses that could put your nursing license at risk.

 

 

What happens when a complaint is filed against you?

 

If a complaint is filed against you with the board of nursing, the board will review the complaint and open an investigation. They will ask you to submit a written response to the complaint along with any supporting evidence. If the allegations are serious, the board may issue an emergency summary suspension of your license while the disciplinary process is underway. An investigator will gather all necessary information, including documents, witness testimony, etc.

 

The board will then decide whether there is enough evidence to support the allegations against you. If they determine that there are grounds for disciplinary action, they may first offer to negotiate a consent order with you in which you will admit to wrongdoing and submit to the disciplinary action recommended by the board. If no consent order is agreed to, you will be asked to appear at a formal hearing to defend yourself against the charges. After the hearing at a separate state agency, the board will make a final determination on whether to take action against your license--up to and including revoking your license.

 

Be advised that even if the board imposes a lesser penalty (e.g., fines or probation) rather than revoking your license, any disciplinary action against your license becomes a matter of public record and can damage your professional reputation, career opportunities, and malpractice coverage.

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Why hire a nursing license attorney?

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When a complaint is filed against you, the board of nursing doesn't consider you “innocent until proven guilty”. Their job is to protect the public, not their licensees, and so they will actively begin looking for evidence to support the complaint. This puts you at a disadvantage because even informal conversations you have with the investigator or others could be used as evidence against you. An experienced nursing license lawyer can help you navigate this potential minefield and make sure your rights are protected, and your side is heard.

 

 

The Gervase Law Firm will do the following on your behalf:

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• Act as your official legal representative in all correspondence and communications with the board

• Examine the facts of the complaint to see what may be at risk and essentially conduct an investigation to find supporting evidence

• Prepare a strong answer to the complaint that is supported by evidence (which is frequently enough on its own to have the complaint dismissed)

• Develop a strong defense to the complaint against you

• Gather evidence and witnesses in your favor, and mitigating evidence

• Negotiate with the board of nursing to either have the complaint dismissed or to agree to leniency

• Defend you aggressively at a formal hearing, if needed

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How soon after the complaint is filed should you contact a nursing license defense lawyer?

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The sooner, the better. If you wait too long, the board could build a solid case against you before you have a chance to defend yourself. (And as mentioned above, anything you say to the investigator or others could be used against you, so it's best not to have any direct communication with others without first consulting with an attorney.) By contrast, hiring a good attorney early in the process gives you a much better chance of resolving the complaint without the need for a hearing.

 

You've worked too hard to build your career to have it upended by having your nursing license revoked. Gervase Law Firm will fight to protect your rights and work to achieve a favorable outcome on your behalf.

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The Arizona State Nursing Board has the duty to ensure that each individual with a nursing license or certificate is qualified to practice safely. If a nurse is discovered to be in violation of the Nursing Practice Act, several disciplinary and non-disciplinary options are available. These include:

Dismissal

Letter of Concern (non-discipline)

Administrative Penalty (up to $1,000)

A Decree of Censure

Probation

Civil penalty (up to $1,000 per violation)

Suspension

License denial

Revocation or voluntary surrender of the nursing license