Representing Nurses Facing the Indiana State Board of Nursing
All licensed nurses are bound to follow standards of care and practice. Since the Indiana Board of Nursing’s first priority is preventing harm to patients, it must investigate any accusation claiming a nurse did not follow those standards.
If you have been contacted by the Indiana Board of Nursing, or you believe you may receive a complaint related to your nursing license, you need an experienced Indiana nursing license defense lawyer fighting for you. As a licensed registered nurse and attorney, Lorie Brown devotes her entire legal practice to helping nurses protect their professional licenses.
Contact Lorie at Brown Law Office, P.C. to share your story and learn more about your legal rights.
What is the Indiana State Board of Nursing’s Role?
In Indiana, the Board of Nursing was created to issue and monitor nursing licenses, investigate complaints, and discipline nurses who violate the standards of care and practice or act in a dishonest or unethical way, among other tasks.
Nursing standards are set forth in the Indiana Health Professions Standards of Practice in Title 25 section 1-9-4 of the Indiana Code. In general, these standards prohibit nurses and other healthcare professionals from behaving or acting in certain ways, including:
- Obtaining a nursing license fraudulently or dishonestly
- Providing professional services in a fraudulent or deceptive way
- Being convicted of a crime or being penalized for fraudulent billing
- Being convicted of a crime related to the nurse’s ability to provide competent healthcare services or public harm
- Violating laws, rules, or regulations related to the nursing profession
- Practicing as a nurse after being determined unfit or incompetent
- Suffering from alcohol or substance addiction, abuse, or dependency when it impairs the nurse’s abilities to practice safely
- Acting in an immoral or lewd manner while providing nursing services
- Diverting a legend drug from its intended use
- Giving a narcotic or other addicting drug to an addict
- Participating in sexual activities with a patient under their care
Since some of these prohibited acts may be interpreted broadly, it’s crucial to consult with a knowledgeable nursing license defense lawyer in Indiana when you are facing a complaint investigation.
Indiana’s Specific Nursing Standards of Practice
Practicing as a nurse in Indiana brings certain license risks not faced by professionals in other fields. The Indiana State Board of Nursing created separate standards for licensed nurses, including definitions of unprofessional conduct in the nursing field.
Unprofessional conduct by an Indiana-licensed nurse can include:
- Poor judgment, skills, or inappropriate behaviors while providing nursing care
- Attempting any procedure or technique without adequate education or experience
- Violating a patient’s privacy, dignity, or confidentiality
- Refusing to provide care because of the patient’s race, color, gender, age, or diagnosis
- Verbal, physical, emotional, or sexual patient abuse
- Altering, destroying, or falsifying nursing action documentation on an official patient record
- Purposefully neglecting a patient who requires nursing care
- Delegating nursing tasks or responsibilities when a patient’s safety is at risk
- Knowingly allowing someone else to use your license or temporary permit
- Failing to follow nursing standards while physically or psychologically impaired
- Diverting prescription drugs for improper use
- Taking money or property from a patient or coworker
- Failing to notify state officials or the employer when unprofessional conduct occurs that could jeopardize a patient’s safety
Special Requirements for Advanced Practice Registered Nurses in Indiana
Since advanced practice registered nurses perform duties similar to a physician, Indiana law requires them to work under a collaborative practice agreement with the cooperation and supervision of a licensed physician, medical practitioner, and/or licensed hospital staff. Under Indiana law, up to ten percent of these agreements must be audited by the Indiana Professional Licensing Agency every even-numbered year.
If the Board of Nursing finds that a nurse is not abiding by a collaborative practice agreement, they can order the nurse to present evidence to the Board to show that they are complying with the agreement. This is a very serious situation, and a dedicated Indiana nursing license defense attorney can be your best ally during these proceedings. Consult with a knowledgeable attorney before you respond to any Board of Nursing requests.
What is the Nursing Discipline Process in Indiana?
The Indiana Attorney General’s Consumer Protection Division is tasked with investigating and processing complaints against professionals licensed to practice in the state. However, Indiana’s State Board of Nursing ultimately decides what action, if any, will be taken against a nurse accused of violating professional standards or state law.
The process is similar to a trial. Witnesses may be called to testify, both sides are allowed to cross-examine the witnesses, and the Board Members or an Administrative Law Judge considers evidence and legal arguments from the deputy attorney general and the accused nurse. Having a tenacious nursing license lawyer defending you during these proceedings is crucial to protecting your license and your career.
What Discipline Can the Indiana Nursing Board Impose?
If the Nursing Board determines there is sufficient evidence of a nurse’s violations of the standards of professional conduct and care, it can impose various levels of discipline based on the unique circumstances involved in the complaint.
If the Board determines a nurse violated the state standards, the nurse may face:
- License revocation
- License suspension
- Written reprimand
- Probation
- Payment of a civil penalty not to exceed $1,000 per violation
- Continuing Education
Any of these penalties can impact your license, your career, and ultimately your financial future in devastating ways as any action will be on your license forever. It’s crucial to partner with a seasoned lawyer who can help protect your future, fight for your rights, and present the strongest possible defense when you are facing the disciplinary process in Indiana.
Trust Lorie Brown When You Need an Indiana Nursing License Defense Lawyer
As a nurse and lawyer, Lorie Brown understands how important your nursing license is to your professional career and overall livelihood. She can fight for the best outcome possible under your unique circumstances. Since professional license defense is all she does, Lorie is ready, willing, and able to listen to your story and guide you through the Indiana Nursing Board process.
Lorie has successfully represented more than 1,000 nurses and healthcare professionals across the country. She regularly defends nurses in a variety of states by partnering with attorneys in those states for licensing board investigations. With her extensive experience in this area of law, she has likely handled a similar situation to the one you are facing.
To learn more about the legal services Lorie provides, you can read what some of her former clients have to say. Then, reach out to better understand your rights and what you may be facing.
If you have been contacted by the Indiana Nursing Board, don’t wait, call Lorie at (317) 465-1065 today.
