Philadelphia Nursing License Defense Attorney

Attorneys for Philly Nurses: Criminal & Administrative Discipline

Philadelphia boasts a robust healthcare industry with numerous hospitals, clinics, and nursing facilities. Nurses play a critical role in delivering quality care. Given the high standards expected from nurses, the State Board of Nursing thoroughly investigates any misconduct allegations to maintain public trust and safety.

Common Criminal Charges for Nurses

The State Board of Nursing treats allegations against nurses with utmost seriousness in Pennsylvania. Even without a conviction, accusations such as these can put your nursing career in jeopardy:

Driving Under the Influence (DUI): A DUI charge or conviction can lead to disciplinary actions, including license suspension or revocation.
Drug Possession or Diversion: Unauthorized possession or distribution of controlled substances can result in severe penalties and loss of licensure.
Theft or Misappropriation: Stealing medications or other property from healthcare facilities or patients can lead to criminal charges and professional discipline.
Substance Abuse Issues: Impairment due to substance abuse can compromise patient safety and lead to mandatory rehabilitation programs or license suspension.
Professional Negligence or Misconduct: Failing to adhere to the standards of nursing practice can result in disciplinary measures.

These offenses are among the most common reasons nurses face license suspension, revocation, and other disciplinary measures. Suppose you’re under investigation for violating state nursing regulations, professional standards, or criminal laws. In that case, it’s imperative to consult with a defense attorney experienced in nursing board disciplinary proceedings to protect yourself and your livelihood.

Pennsylvania Nursing Board Disciplinary Action

In Pennsylvania, the State Board of Nursing holds the authority to license nursing professionals and enforce disciplinary actions when necessary. Its responsibilities include investigating complaints, conducting hearings, and imposing sanctions to uphold the integrity of the nursing profession.

Regardless of your nursing specialty, our attorneys are adept at defending professionals against potential license suspension or revocation and any criminal charges that may expose you to penalties such as fines, probation, or imprisonment. We provide effective representation for various nursing practitioners, including:

Nursing home nurses
Registered nurses
Licensed practical nurses
Nursing assistants
Nurse practitioners
Emergency room nurses
Nurse anesthetists

The Disciplinary Process for Phila Nurses

Investigation

The Pennsylvania Bureau of Professional and Occupational Affairs initiates a professional nursing license investigation upon receiving a complaint against a licensed nursing professional.

Negotiation

After a thorough investigation, if the Bureau determines that further action is warranted, there may be an opportunity to negotiate a sanction. It is crucial to have an experienced nursing license defense attorney present during such negotiations.

Order to Show Cause

If charges are filed, an Order to Show Cause is issued detailing the allegations. A Hearing Examiner is assigned to handle motions, conduct a hearing, and render a decision and order.

Administrative Hearings for Nurses

The Administrative Agency Law and the General Rules of Administrative Practice and Procedure govern administrative hearings for professional licenses. Your lawyer must actively obtain the necessary evidence and documents the prosecutor intends to use. Due to limited discovery in these hearings, proactive measures, such as requesting a pre-hearing conference, are essential.

Defense Preparation

Following issuing an Order to Show Cause, your nursing license defense attorney must demonstrate readiness to litigate and defend your case. A well-prepared defense can lead to more favorable settlement opportunities regarding your nursing license status.

Nursing Consent Decree

Like a negotiated settlement in civil court, a consent decree typically involves an admission of guilt with reduced disciplinary action. In some cases, this can prevent the loss of your nursing license. Having a skilled nursing license defense attorney negotiate on your behalf is vital. Consent decrees may be public, allowing hospitals, insurance companies, and third parties to access them through the National Practitioner Data Bank.

Throughout the administrative hearing process, our team at Fienman Defense is dedicated to preserving your nursing license and career.

Consequences for Licensed Nursing Professionals

Facing disciplinary action from the Pennsylvania State Board of Nursing can have profound and lasting effects on any nurse’s career and personal life. Understanding these potential consequences is crucial:

Nursing License Suspension or Revocation

The Board may suspend or permanently revoke a nursing license, depending on the severity of the misconduct. This action prohibits the individual from practicing nursing within the state, effectively halting their career. Reinstatement of a revoked license is often challenging and may require extensive legal proceedings and evidence of rehabilitation.

Fines & Penalties

Monetary fines can be imposed as part of disciplinary measures. These financial penalties vary based on the nature and gravity of the offense and are intended to serve as a deterrent against future violations.

Mandatory Rehab or Education Programs

In cases involving substance abuse or deficiencies in professional skills, the Board may mandate participation in rehabilitation programs or additional educational courses. Compliance with these requirements is often necessary to reinstate a suspended license and demonstrate a commitment to professional improvement.

Negative Impact on Employment & Reputation

Disciplinary actions can lead to job loss and create significant obstacles in securing future employment within the nursing field. Moreover, such actions can tarnish a professional’s reputation, causing a loss of trust among patients, colleagues, and the broader healthcare community.

Navigating the disciplinary process requires thoroughly understanding the Board’s procedures and potential repercussions. Engaging with an experienced Pennsylvania nursing license defense attorney can provide essential guidance and representation throughout this challenging period.

Call Fienman Defense at (215) 987-4302 for a free and confidential discussion about your case.

Options to Avoid Nursing License Revocation

Facing criminal charges as a nurse in Pennsylvania doesn’t automatically result in license revocation. The Pennsylvania State Board of Nursing offers alternatives to traditional disciplinary actions, such as the Voluntary Recovery Program (VRP), part of the Professional Health Monitoring Programs (PHMP). The VRP is designed for professionals dealing with mental or physical disorders, including substance use disorders, and provides a structured path to recovery while allowing nurses to maintain their licenses.

Eligibility for such programs depends on the specifics of your case, including the nature of the offense and your commitment to rehabilitation. Participation typically involves:

Comprehensive Evaluation: Undergoing assessments to determine the extent of impairment and appropriate treatment plans.
Structured Treatment: Engaging in approved rehabilitation programs tailored to address specific issues.
Ongoing Monitoring: Complying with regular monitoring to ensure adherence to treatment and safe practice standards.
Workplace Limitations: Accepting certain practice restrictions or supervised work conditions during recovery.

Engaging in these programs demonstrates a proactive approach to addressing underlying issues, which can be favorable in the eyes of the Board. Each situation is unique, so it’s crucial to consult with a nursing license defense attorney to explore all available options.

Aggressive & Passionate Defense for Nurses in Philadelphia

Attorney Michael H. Fienman brings extensive experience in both criminal defense and administrative law, offering a comprehensive strategy to safeguard your license and professional reputation.

Legal Representation for Nursing Professionals

Defense Against Criminal Charges: We provide robust defense strategies for nurses facing criminal allegations, ensuring your rights are protected.
Personalized Approach: Recognizing that each case is unique, we develop strategies tailored to your specific circumstances and professional background.
Proactive Mitigation: We take proactive steps to address potential issues before they escalate, aiming to reduce or eliminate penalties.
Negotiation of Settlements: When appropriate, we negotiate consent decrees or settlements to resolve matters efficiently while minimizing the impact on your career.
Administrative Hearing Representation: Our team represents you in proceedings before the Pennsylvania State Board of Nursing, advocating on your behalf to prevent or mitigate disciplinary actions.
License Reinstatement & Appeals: If your license has been suspended or revoked, we assist in navigating the complex reinstatement process and handle appeals to restore your ability to practice.

Act Now to Defend Your Nursing Career

Facing criminal charges or disciplinary actions can be daunting for nurses in Philadelphia and the surrounding areas, but you don’t have to navigate this challenging time alone. With Fienman Defense, you gain a dedicated criminal defense attorney and a highly experienced nursing license defense lawyer committed to preserving your license.

Call Fienman Defense at (215) 987-4302 for a free and confidential consultation with a local Philadelphia nursing license defense attorney.

Nursing License & Administrative Defense: FAQs

How can I protect my nursing license if I’m facing criminal charges?

Engage an attorney experienced in both criminal defense and nursing license defense. They can develop a comprehensive strategy to address the criminal charges and mitigate potential impacts on your license. Proactive measures like voluntary participation in rehabilitation programs may also demonstrate your commitment to professional standards.

Should I report my arrest to the Pennsylvania State Board of Nursing?

Pennsylvania law mandates that nurses report any felony or misdemeanor convictions, guilty pleas, or participation in programs like Accelerated Rehabilitative Disposition (ARD) to the State Board of Nursing. Timely self-reporting is essential, as failure to do so can result in additional disciplinary actions.

What criminal offenses most likely result in disciplinary action against my nursing license?

Offenses such as driving under the influence (DUI), drug possession, theft (including stealing medications), fraud, and any crimes involving moral turpitude are particularly concerning to the Board. These offenses can lead to investigations and potential disciplinary measures.

Can I continue working as a nurse during an investigation in Pennsylvania?

Whether you can continue practicing during an investigation depends on the specifics of your case and the Pennsylvania State Board of Nursing policies. Some situations may lead to interim suspensions, while others might allow you to practice with certain restrictions.

Can I still face nursing board discipline if my criminal charges are dismissed?

Yes, you can still face disciplinary action from the licensing board even if your criminal charges are dismissed. Licensing boards operate under administrative law, which has a lower standard of proof than criminal law. They can impose sanctions based on their own investigations and findings.

What is the ARD program, and how does it affect my nursing license?

ARD is a pretrial intervention program for first-time offenders in Pennsylvania, allowing for the dismissal of charges upon successful completion. However, participation in ARD must be reported to the State Board of Nursing and can still lead to disciplinary action. It’s advisable to consult with an attorney before entering the program.

Will a criminal conviction in another state affect my Pennsylvania nursing license?

Yes, criminal convictions in other states can impact your Pennsylvania nursing license. The State Board of Nursing requires reporting out-of-state convictions and may take disciplinary action based on those offenses.

Can I appeal a decision made by the Pennsylvania State Board of Nursing?

Yes, you have the right to appeal the Board’s decision. The appeal process involves strict deadlines and procedural requirements. An experienced attorney can assist in filing an appeal and presenting a compelling case to overturn or modify the Board’s decision.

Contact an Experienced Nursing License Defense Lawyer

We understand that you worked hard to obtain your nursing license, and that the current threat against your livelihood can present long-lasting consequences for you and your family. At Fienman Defense, we have the capacity to defend you in both criminal and administrative hearing proceedings, and we will fight for the protection of your nursing license as well as the reduction, or possible elimination, of the charges against you.

Nursing License Defense Attorney in Philadelphia