Defending Nurse Licenses

Common Problems

Below are the common problems nurses face when dealing with the nursing board

Common Reasons for Being Investigated

Welcome to LV Nurse Attorney, your Nurse Attorney in Nevada. As a nurse, it’s crucial to understand the common reasons nurses can lose their license. In this article, we’ll outline the top nine ways nurses can face disciplinary action, including fraudulent applications, lack of collaboration, and drug diversion.

At LV Nurse Attorney, we specialize in representing nurses in disciplinary proceedings and can provide the guidance and representation you need to protect your license.

FRAUDULENT APPLICATION [more...]

This refers to instances where a nurse provides false information or conceals important information in their application for licensure, renewal, or endorsement. This could include providing fake credentials or work experience, concealing past disciplinary actions or criminal convictions, or using someone else's identity to obtain a license. Often, the misrepresentation is unintentional; some nurses think that because a criminal conviction has been resolved with the criminal court, they do not have to report it. However, the resolution of a criminal case does not mean that there was not a conviction. We can help you navigate this process, either before you are charged with a crime, while the criminal charge is pending, or after you have resolved your case. Sealing of criminal records before applying may also assist you in truthfully answering the application/renewal question regarding criminal convictions.

LACK OF COLLABORATION

Nurses are expected to work collaboratively with other healthcare professionals to ensure the best possible patient outcomes. Failure to do so could include not reporting changes in a patient's condition, not following physician orders, or not communicating effectively with other healthcare team members.

FALSIFYING DOCUMENTS

This includes creating, altering, or using false documentation in a patient's medical record, such as vital signs, medication administration records, or nursing assessments. Nurses may also be investigated for falsifying their own records, such as timecards or continuing education certificates. In addition, omitting pertinent information falls under this category, due to the wording of the administrative code, which makes unlawful "inaccurate recording, falsifying or otherwise altering or destroying records."

FAILING CE AUDITS

Continuing education is required for nurses to maintain their license and stay current with best practices. Failure to complete the required number of CE hours or passing the CE audit can result in disciplinary action by the nursing board. Recently, nurse have been reprimanded for failure to retain proof of having taken the required bioterrorism course. There is NO TIME LIMIT for keeping record of the bioterrorism class, you must retain proof until you are audited, which could be 10 or 20 years later. If you did not keep proof, take it again. There is also a new diversity class that is now mandatory.

FAILURE TO MEET STANDARDS OF CARE

Nurses are expected to provide care that meets recognized standards of practice. This could include neglecting to provide necessary care, providing care that is substandard or negligent, or failing to properly monitor and assess a patient's condition. If your employer's standards fall below the accepted standards, or if other nurses around you are not following accepted standards, these facts will not prevent you from being disciplined if your conduct is called into question.

DRUG DIVERSION

Nurses have access to controlled and substances. Drug diversion refers to any unauthorized use, theft, or sale of these medications. This could include taking medication intended for patients, falsifying medication records, or diverting medication to sell for personal profit. If you fail to follow proper procedures for wasting medication, you will be accused of diversion by your employer and by the board of nursing. The board often assumes that you are a drug addict or that you resell them for money. Equipment failure is an increasingly common reason for mistakes, as nurses seek workarounds when a problem arises and medication cannot be properly dispensed or recorded.

PRACTICING OUTSIDE SCOPE OF WORK

Nurses are expected to work within their scope of practice, which is determined by their education, experience, and state laws. Practicing outside of this scope could include performing procedures or tasks that are not within their competency or training.

EXPIRED LICENSE

Nurses are required to keep their license active by completing renewal requirements, such as continuing education and payment of fees. Practicing without an active license can result in disciplinary action by the nursing board. Some nurses are confused about the renewal date, which is every two years. However, renewal dates are moved to your date of birth, so for your first renewal, it could be less than two years. Make sure you mark the deadline on your calendar. Also, make sure the payment goes through timely. These are two types of mistakes we have seen nurses make recently.

INTENT TO DECEIVE

This could include lying to patients or colleagues, falsifying records, or intentionally providing inaccurate information. Nurses are expected to maintain high ethical standards and act with integrity in all aspects of their practice. A practice we have sometimes seen is either performing a telehealth visit and treating it like an in-office visit, or similarly, misrepresenting making a home health visit when it was done over the phone or not at all. Using prior vital signs instead of taking new ones is also an act of falsifying records.

Annual Statistics for Nurses in Nevada

RNs

According to the 2020-2021 report, there were 280 complaints against RNs and LPNs, and 198 investigations opened.

CNAs

In 2020-2021, 115 complaints were received, and 60 investigations were opened.

APRNs

In 2020-2021, 88 complaints were made against APRN. Of that number 59 investigations were opened.

Don't Be Part of the Statistics

Total Investigations Opened
(Excluding CE Audits) 2020-2021

483

Complaints filed against APRNs, Nurses and CNAs in Nevada, 2020-2021

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