Ten Reasons for Nursing License Suspensions [Part I]

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The nursing profession generally is comprised of good people who are compassionate, caring and dedicated to their occupation.  However, state nursing boards suspend/revoke the license of dozens of nurses every month.  Because of the commitment involved in obtaining a nursing license, nurses who are facing disciplinary proceedings should be aware of the types of conduct and situations that can threaten their ability to engage in their chosen occupation.  Although there are virtually a limitless number of reasons that a nursing board might initiate disciplinary proceedings, this list include both common reasons and some that might not occur to most people.

Diverting Medications Away from Patients

The access that nurses have to narcotic medications can present significant temptations.  If you have an aging parent who is suffering intense pain or a spouse who is incapacitated with intense back pain, you might be tempted to slip a family member pain medications.  This urge is understandable when insurance snafus deprive a family member from getting a prescription filled in time to prevent intense suffering.  However, this temptation must be avoided because providing medication on the side can jeopardize your nursing license and expose you to criminal charges.

Altering or Distorting Patient Medical Records

Falsifying a patient’s record can cause you to be exposed to disciplinary charges and potentially place your patient at-risk.  When a nurse slips a little extra morphine to a patient but does not reflect this action in the medical records, distorting medical records can result in revocation of a nurse’s license.  Disciplinary proceedings might also be initiated if you fail to complete the patient’s record after working an exhausting twelve hour shift.

Violating Probation

If you have previously been the subject of disciplinary charges brought by the Kansas State Nursing Board, you might have been fortunate enough to have received probation.  Although no one is anxious to be the target of discipline by an occupational licensing board, probation essentially amounts to a warning to abstain from or engage in certain specified activities.  Probation permits a nurse to keep his or her nursing license and to avoid suspension or revocation of a nursing license if the terms and conditions of probation are satisfied.  When a nurse violates the terms of probation, such as the requirement to abstain from the use of drugs or alcohol, this can result in revocation of your nursing license.  If you are unsure about whether a certain activity would violate your probation, you should seek legal advice from an experienced Kansas Administrative Law Attorney.

Failure to Participate in Substance Abuse Program

The nursing industry has a high rate of worker’s compensation claims and on-the-job injuries because of the physical and mental rigors of the occupation.  Chronic back pain is common because of the frequent lifting involved in moving and re-positioning patients.  Stories of nurses sneaking a little pain medication to continue working, which leads to sneaking even more medication, are familiar to anyone who works as a nurse.  While a drug addiction constitutes a sufficient basis to suspend a nursing license, many nurse licensing boards will require an addicted nurse to attend a recovery program.  If the nurse fails to successfully complete the recovery program or returns to abusing drugs or alcohol, the nursing board will revoke the nurse’s license.

Hosting a Porn Site on the Internet

Although this may seem to be an extremely strange reason for suspending a nursing license, nurses have gotten their licenses revoked for hosting pornographic websites.  Despite the unconventional nature of this type of violation, the increased technology and exposure of the Internet permits making money on the side with explicit images on the side.  This money making practice can cost a nurse his or her nursing license.

Many good nurses make innocent mistakes or face unjustified disciplinary proceeding.  If you are facing a complaint, Kansas Professional Licensing Attorney Danielle Sanger represents nurses facing disciplinary proceedings in Missouri or Kansas, so call us today for a free consultation at 785-979-4353.

 

 

Ten Common Reasons for Nursing License Suspension [Part II]

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This is the second installment in our two-part blog post discussing reasons that nurses have had their licenses suspended by state nursing boards.  Although it is always unnerving to face disciplinary charges, the fact that an investigation has been initiated does not mean that you have done anything wrong.  If you have concerns because you are the target of a disciplinary investigation or you are formally involved in disciplinary proceedings, we invite you to speak with Danielle Sanger to learn about your rights and potential strategies to protect your nursing license.

Using a False Copy of a Nursing License

If you have had your license suspended, it may be tempting to present a hospital or other potential employer with a falsified license.  Some people assume that once the suspension has lapsed the fact the license was fake when initially presented will not matter.  To the contrary, the decision to use a false copy of your license could result in permanent revocation of your nursing license.

Impersonating another Health Care Practitioner

While this cause of a nursing license suspension might sound like it is confined to Hollywood movies, there are people who engage in identity theft successfully for years while working as a nurse.  The individual might have a criminal record that serves as a bar to obtaining a nursing license, or he or she might have participated in activity that resulted in revocation of his or her license.  Identity theft in this context is plausible if an individual can obtain the correct paperwork.

Engaging in Unprofessional Conduct

This charge is commonly brought against nurses because it is broad and can apply to a wide range of conduct.  Nurses have faced this type of charge for such diverse types of conduct as engaging in an affair with a supervisor or using explicit and inappropriate language when dealing with patients or colleagues.  Because of the importance of maintaining a high level of professionalism in the nursing profession, these types of charges are taken seriously.  While many individuals charged with this type of violation the first time receive only a reprimand or probation, failure to adapt one’s behavior can result in loss of your job and license.

Criminal Convictions

Depending on the offense, you will have notice requirements and can be disciplined for a criminal conviction or failing to provide notice of a conviction.  While minor traffic offenses might not need to be reported, you should seek legal advice prior to pleading guilty in any criminal proceeding to determine the potential impact on your occupational license.

 Abuse and Neglect in Providing Care to Patients

Allegations of neglect or abuse toward a patient constitute one of the most serious type of charges that can threaten your nursing license.  Although patient neglect may be the result of a simple mistake, an excessive number of patients, or working too many hours, this type of offense can easily jeopardize your ability to engage in the nursing profession.  Whether allegations of abuse or neglect arise because of intentional abuse or simple forgetfulness, the impact can affect the patient and his or her family.

Although any nurse can face a complaint, you have rights that experienced Kansas attorney Danielle Sanger can help protect.  Ms. Sanger can ensure that your legal rights are protected and investigate the evidence against you.  She analyzes any documents, physical evidence and/or witnesses, so she can work diligently to minimize the impact on your career.  If you are facing disciplinary proceedings, Kansas Professional Licensing Defense Attorney Danielle Sanger represents nurses facing disciplinary proceedings in Missouri or Kansas, so call us today for a free consultation at 785-979-4353.

Multistate Nursing Compact Comes Under Scrutiny Regarding Patient Safety Concerns

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While the 24 state nursing compact that issues special multi-state licenses has been lauded as a valuable tool to ease the chronic nursing shortage, the compact has recently come under criticism for allowing wayward nurses to continue working in other compact states.  Some public health safety advocates contend that the compact has permitted nurses who have serious records of misconduct to continue practicing in their home state or other compact states.

A recent article published by ProPublica found that the compact had enabled some nurses to retain a clean multistate license despite the nurse being banned in one of the compact states.  While any nurse can make a mistake and deserve a chance to obtain reinstatement of his or her nursing license, the examples cited by ProPublica were egregious.  The article references multiple instances of stealing patient pain medication, forgetting to administer critical tests, ignoring patient needs and failing to notice significant changes in a patient’s condition.

Critics of the multistate compact note that the individual states remain responsible for nurse licensing and discipline issues with no central licensing process or agency.  This diffusion of responsibility results in an exponential increase in the risk to patient safety according to advocates of this position.  While nurses must be licensed in the state where they provide patient care, compact states permit nurses to work despite not having conducted any review or background check for the nurse.

However, the chairman for the compact’s national board rejects these claims.  According to the spokesman, the compact has fostered more efficient and thorough communication between member states.  She also contends that the number of nurses who are subject to discipline for misconduct outside their home state is extremely small.  There is no way to quantify this claim, however, because no tracking system exists to monitor nurses who are sanctioned in their home state for violations in other compact states.

Some of the egregious examples cited involving nurses continuing to practice despite being banned or suspended in another compact state include:

Example 1: A nurse anesthetist surrendered his license in North Carolina in 2006 because of a substance abuse problem.  The substance abuse issues did not affect his multistate license in Texas prior to the time he passed out during surgery while bleeding from a vein in his arm.  After the incident, the Texas Board of Nursing ruled that he had abused the narcotic Fentanyl and suspended him in September 2008.

Example 2: Texas suspended a nurse in Texas after she administered undiluted vitamin K to a patient shortly before the patient’s death.  The following year the nurse was placed on probation in California, but her multistate license in Iowa remains unaffected.

Example 3: A nurse in North Carolina was fired from working at a hospital when a mom complained that the nurse fell asleep while attempting to insert an IV in her child.  The hospital discovered the nurse had signed out the painkiller Demerol on dozens of occasions without a physician’s order.  When the hospital asked the nurse to submit to a drug test, he refused and was fired.  While North Carolina banned the nurse from working in the state in April 2008, the nurse’s home state of Wisconsin did not revoke his multistate license until January 2009, which allowed the nurse to continue to work in compact states until that time.

Concerns about potential threats to patient safety from the multistate nursing compact focus on disparities between the states in terms of laws, standards and staffing levels at state agencies.  The differences make interstate communication and cooperation complicated.  While most states within the compact have authority to immediately suspend a nurse’s license, some states do not permit this even when the allegations are egregious.  Similarly, compact states do not all require a criminal background check as a requirement of issuing a nursing license.

While these concerns about licensing issues focus on fairly extreme cases, many good nurses make innocent mistakes or face unjustified disciplinary proceeding.  If you are facing disciplinary proceedings, Kansas Administrative Law Attorney Danielle Sanger represents nurses facing disciplinary proceedings in Missouri or Kansas, so call us today for a free consultation at 785-979-4353.

Good Lawyers in a Bad Situation: 3 Things to Do in Response to a State Bar Complaint

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Although many attorneys in Kansas, Missouri and throughout the U.S. are disciplined by their state bar association or other professional disciplinary agency, most cases of discipline are not the result of intentional misconduct.  Although complaints against attorneys that make a splash with the newspapers and other media sources involve criminal offenses like theft, there are much easier ways to steal money than surviving the rigors of law school and the state bar exam.  According to one former state bar prosecutor, 80-85 percent of disciplinary actions taken against attorneys are linked to the attorney’s marginal business skills, lack of proper documentation of work performed, and failure to respond to a pending complaint.

The apprehension experienced by correspondence from the state bar regarding a potential complaint can cause paralyzing fear and stress.  However, the former state bar prosecutor referenced above indicates that the majority of complaints never make it past the intake stage.  The paralysis spurred by embarrassment, stress and fear that results in ignoring a state bar complaint probably is one of the most significant obstacles for most attorneys facing potential discipline.  This blog post suggests 3 tips Kansas and Missouri attorneys should take if they are contacted by the state bar about a complaint.

Tip 1 Relax: State bar associations recognize that many client complaints are not legitimate.  A letter from the state bar merely indicates that a complaint has been filed, but this does not mean that you are facing actual discipline.  The key is to relax and understand that you will need to respond with your side of the story.  However, you might want to contact an experienced Kansas Administrative Lawyer like Danielle Sanger with experience handling disciplinary proceedings against professionals.  She can advise you regarding your rights and help you in crafting your initial response to the state bar association.

Tip 2 Respond to the Complaint: At some point, you will need to respond to the complaint, so the worst thing you can do is ignore the state bar correspondence.  While you might want a license defense attorney to assist you in crafting your written response to the complaint, you should not default by not responding.  Failure to respond to a state bar complaint will result in a default by the attorney.  It is estimated that in California, for example, approximately forty percent of all cases that end in discipline involve default by the attorney.  Given the cost and work required to obtain a law license, there is no good reason to permit discipline to be imposed without asserting legitimate defenses.  Failing to respond will also result in harsher disciplinary sanctions.

Tip 3 Retain an Attorney: All attorneys are familiar with the saying, “A person representing himself has a fool for a client,” but this saying applies equally to attorneys.  When you are facing discipline stemming from a state bar complaint, you need an attorney who is objective and emotionally removed from the situation.  If you select an attorney who handles disciplinary proceeding on a regular basis, the attorney will be familiar with the best defenses and potential resolutions that mitigate the impact on your career.

Kansas Professional Licensing Defense Attorney Danielle Sanger is prepared to investigate the allegations against you and aggressively pursue available defenses to protect your law license.  If you are facing a state bar complaint, Attorney Danielle Sanger represents attorneys facing disciplinary proceedings in Missouri or Kansas, so call us today for a free consultation at 785-979-4353.