We all know our country’s healthcare system couldn’t function without the skillful yet compassionate work provided by our nurses. But nurses are also routinely held to a high standard given the amount of responsibility they bear. As a result, the Nevada Board of Nursing has been known to be overzealous when investigating allegations of wrongdoing made against nurses.
The Nevada Board of Nursing has the power to deny, suspend, or completely revoke a nursing license, so it is critical to provide a strong defense during an investigation and any subsequent action. A Las Vegas nursing license defense attorney who understands and has experience with board procedures can assist throughout the process. Professional guidance and representation from a knowledgeable medical license defense lawyer
could protect your rights and help you work toward a positive outcome whether you are facing an investigation, preparing for a hearing, or seeking reinstatement of a nursing license.
The Nevada Board of Nursing is a state agency of Nevada with offices in Reno and Las Vegas. The Board was established in 1923 by the Nevada Legislature to regulate the practice of nursing. The Board declares its purpose is to protect the public’s health, safety, and welfare through effective nursing regulation. The intent of the Board is to protect the public from unsafe practice by nurses. The Nevada State Board of Nursing has wide discretion to discipline and ensure the competence of its licensees.
Investigations before the Nevada Board of Nursing can arise from a number of sources such as patient complaints or complaints from an employer or health care provider. Complaints can be mitigated in the early stages if it can be shown that the complaint is without merit - this is why it is essential to have a qualified Las Vegas nursing license defense lawyer to assist in speaking with or interacting with investigators. If you are the subject of an investigation or complaint before the Nevada Board of Nursing in either Las Vegas or Reno, your career and license are subject to revocation or suspension which carries lifelong consequences, personally and professionally.
Hearings typically come in two forms. First, you could have an informal conference that will serve to resolve the issues. Second, you could have a formal hearing which is similar to a trial where you can subpoena documents, cross-examine witnesses, submit expert testimony and documentary evidence. Following this formal hearing, a formal order will be entered. You can appeal this Order to the District Court in Clark or Washoe County if you so choose. Having a Nevada nursing board defense attorney that can advocate on your behalf, negotiate where applicable, and appeal any adverse decisions is priceless when your career hangs in the balance. The Spartacus Law Firm has the experience and knowledge that you can count on to keep your license intact and mitigate harsh disciplinary actions. For more information, visit our article detailing the Nevada Board of Nursing
and how we can help defend your license.
Generally, the Nevada Board of Nursing can refuse licensure to any applicant that has been convicted of a crime. However, if you have been convicted of a crime you will have an opportunity to address the Board to explain mitigating circumstances and rehabilitation. The type of conviction is significant in determining whether a license will be issued or revoked. The denial of licensure is as impactful as a disciplinary action, do not let a past mistake keep you from the career of your dreams. It is critical, even at an early stage, to seek representation from a Nevada nursing license defense attorney to guide you through the licensing process. The Spartacus Law Firm has an in-depth understanding of the Nevada Board of Nursing’s disciplinary process and can assist you with obtaining or keeping your license from being suspended or revoked.
If you have already been granted a nursing license in the State of Nevada and have been convicted of a crime after your license has been issued, the Nevada Board of Nursing subjects you to periodic background checks. Therefore it is important to self-report any criminal conviction in a timely fashion as well as speak with a Las Vegas nurse defense lawyer to ensure your license, reputation, and livelihood are not in danger.
A nurse’s license may be suspended for fraudulent actions, unprofessional behavior, failure to supervise, and plenty of other reasons. Some examples of situations where the Board may revoke or suspend a license include:
• Conviction for a felony or crime involving moral turpitude
• Delegating responsibilities to someone lacking qualifications
• Doing something that fails to comply with “generally accepted professional standards”
• Fraudulently using or obtaining a license
• Failing to report suspected child abuse
• Withholding services from someone who is HIV positive
• Failing to comply with CDC guidelines on universal precautions
In addition, performing duties while under the influence of alcohol or drugs or suspicion of any substance use disorder also provides grounds for suspension or revocation. Luckily, a Las Vegas nursing license defense lawyer can gather the facts and help determine whether it is wise to bypass potential disciplinary proceedings and participate in a certified rehabilitation program instead.
It’s common for cases to involve a nurse losing their license due to substance abuse. Examples of this include being arrested for a DUI, diverting medications at work, appearing or being intoxicated at work, and many other instances where substance abuse affects their work. At the Spartacus Law Firm, our mission is to aggressively fight to keep your nursing license by deploying an air-tight defense strategy with the best chance of success.
Before you agree to any possible settlement or resolution of your case with the Nevada Board of Nursing, it’s recommended that you have a nursing board defense lawyer to assist you in the process. Believe it or not, there are many terms and conditions of a possible settlement with the Board that is negotiable. However, without the assistance of an experienced nurse attorney, you may not fully understand all of the possibilities and scenarios in your case. We can help you find all possible areas for negotiation with the Nursing Board, and tirelessly work to improve them.
We represent nurses who are facing a license application denial or a suspension/revocation of their license because they allegedly failed to disclose a prior criminal charge or conviction. This can pose a serious problem for those in the nursing field, however, it doesn’t mean that it’s not defensible. Our Nevada nurse defense attorney has seen this predicament plenty of times and have successfully navigated a resolution that allows a nurse to keep their license and continue to practice.
Arrests for criminal charges outside of the workplace can and often are disciplined by the the Nursing Board. Although the arrest may not be job-related, the Board considers criminal activity to be unprofessional conduct and in violation of their code of ethics. The arrest could be for any misdemeanor or felony, some of the more common instances include:
• Driving Under The Influence
• Domestic Violence
• Sexual Charges
• White Collar Crime
If you fail a drug test, you may need a qualified Nevada nursing license defense lawyer to plead your case. A failed drug test can occur for a number of reasons but is most commonly due to diversion of pain medications, use of marijuana, alcohol, or other substances. It’s not uncommon for nurses who fail a drug test to then receive a formal disciplinary action from the Nevada Board of Nursing. No matter if you suspect a looming investigation, you have already failed a drug test, or even suspect that you may be tested in the future, speaking with a Las Vegas nurse attorney can help you when navigating this highly complex situation. Under certain conditions, your nursing license may be suspended almost immediately. Although this type of action by the Board is rare, it requires vigorous defense and should be appealed as soon as possible.
The Nevada Board of Nursing has created an Alternative to Discipline Program
. This program has been established for nurses and CNAs whose practice may be impaired due to chemical dependency. The program allows nurses to maintain their employment while concurrently being enrolled in a Board-approved chemical dependency program. Most importantly, this program is no-disciplinary and non-public. The goal of the Alternative to Discipline Program is to protect the public by identifying impaired individuals, providing interventions, education, and by requiring that the nurse or CNA successfully complete an approved treatment program.. The Alternative to Discipline Program gives the nurse or CNA an opportunity to return to their nursing profession after taking responsibility for their recovery.
You must willingly admit to the Nevada Board of Nursing that you are addicted to alcohol and/or controlled substances, are willing to seek treatment, and want to enter the Board’s Alternative to Discipline Program. Admitting that you have a problem is a critical piece to entering this program. It shows accountability and that you intend to better yourself with the help of others.
You then must agree to temporarily surrender your nursing license or certificate through an agreement process and seek necessary treatment. Next, you need to submit documentation to the Board that they have successfully completed a Board approved treatment program that includes the following:
• 80 hours of didactic work E
• 80 hours of group counseling
• 20 hours of individual counseling
In total this will require 180 hours of programming. You must also submit documentation to the Nevada Board of Nursing that you have successfully attended at least one AA/NA meeting every day for 90 days in a row. The treatment program must be completed within 6 months of acceptance into the program.
After you have successfully completed the treatment requirements and AA/NA requirements, you must agree to follow the terms and conditions of a monitoring agreement for a minimum of 5 years. The agreement is designed to closely monitor your nursing practice while also supporting your recovery activities.
Our Las Vegas nursing license defense lawyer can discuss whether this program is a fit for your case and get you enrolled in a non-disciplinary program while maintaining your license. Please contact us today if you are facing a complaint or discipline before the Nevada Board of Nursing.