This is the next article in my series on dealing with the possible suspension or revocation of a nursing license in our state. My last article discussed handling drug allegations before the Arizona State Board of Nursing. It is important to understand the serious nature with which the Board takes such matters and that an attorney should be contacted immediately if one has received notice of a violation. It is important to speak with counsel sooner, and not later, as even the initial response to a complaint will impact how the Board proceeds in the matter. In this article, I will be dealing with alleged “scope of practice” violations. If you or a loved one are in need of assistance then contact my office today to speak with a Phoenix lawyer.
Scope of practice violations can lead to serious consequences being handed down by Arizona’s Nursing Board
The term “scope of practice violation” can be applied to a wide range of improper conduct. Common examples of infractions can include:
- A nurse exceeding their realm of competence or responsibility – This can include performing care which goes beyond nursing duties (IE performing a task that should be performed by an MD) or performing tasks which the nurse lacks the training or authority from the institution (IE a hospital) to provide.
- Improper delegation – This can include delegating one’s work to another, and not ensuring it was properly completed, as well as a failure to supervise others.
- Neglect of a patient – These types of violations can include negligence in one’s craft (IE simply forgetting to administer medication) or ignoring internal employer policies which are meant to protect patients
A complete list of every type of conduct, which would constitute such a violation, would be voluminous and beyond the scope of this article. It should be understood, however, that such conduct can often be part of a broader complaint. In other words, one may be accused of scope of practice violations in addition to other conduct.
The foregoing concepts are best explained through an example. Suppose Joe Nurse is an RN. Unfortunately, Joe has developed an addiction to prescription pills. In the middle of a shift, Joe asks an LPN to administer an IV. He does this so that he may sneak out to his car with pills he has stolen from the hospital. The LPN lacks the required Advanced IV Therapy Training. The IV is administered incorrectly and the patient gains an infection. Joe will likely face disciplinary proceedings relating to his drug activity and for a scope of practice violation – he improperly delegated the task to an unqualified LPN and failed to supervise them. Joe will also likely be seen as having neglected the patient. Moreover, the LPN may very well face discipline for administering an IV without proper qualifications.
When a scope of practice violation is reported then the Arizona State Board of Nursing will investigate the matter. If they choose to move forward, then the offending nurse may possibly be offered a consent agreement. This would typically allow them to continue working with certain restrictions and requirements in place. If the infraction is severe enough, then the Board may require a suspension. The initial Complaint, however, may omit facts or fail to tell the entire story as to what happened. By retaining an attorney immediately, a nurse who is accused of a scope of practice violation can help to ensure that their side of what happened is fully considered.
Retain a Phoenix nursing license lawyer immediately if you face a scope of practice violation
If you have been accused of a scope of practice violation then it is strongly suggested that you speak with an attorney as soon as possible. A nurse’s initial response to a Complaint is an important step in the process. Depending on the nature of the allegations, the response may be sufficient to end the inquiry. A poorly prepared response, however, may very well result in the Board deciding to investigate issues beyond those which they are already looking at. Counsel will analyze the initial Complaint and help to prepare a response which best serves your interests. Also, your representative will immediately begin the process of formulating your defense.
I am a Phoenix nursing license lawyer who is able to assist those accused of a scope of practice violation. I understand that few things are as important as one’s ability to earn a living. I believe that everyone is entitled to quality representation, respect, and my office will give your matter the attention it deserves. Contact us online or by telephone to schedule an initial consultation. My office also services Maricopa County areas like Mesa, Glendale, Scottsdale, Chandler, and Gilbert, as well as Pima County residents in Tucson.