Nurses: Review the Nurse Practice Act Before You Begin Practicing

Posted on July 26, 2011 by mgoldberg
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It is important that all nurses review the Nurse Practice Act before they begin practicing. All complaints concerning nurses are made to the Illinois Department of Financial and Professional Regulation and can result in disciplinary actions that can affect the rest of your career. All final disciplinary actions are reportable and can be viewed on the Department’s website. Pursuant to 225 ILCS 65/70-5 of the Nurse Practice Act: The Department may refuse to issue or to renew, or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action as the Department may deem appropriate, including fines not to exceed $10,000.00 per violation. The Act contains a total of 37 potential violations and the following are the most common:

1) Material deception in furnishing information to the Department.

3) Conviction by plea of guilty or nolo contender, finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States: (i) that is a felony; or (ii) that is a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the profession.

7) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud or harm the public.

8 ) Unlawful taking, theft, selling, disturbing, or manufacturing of any drug, narcotic or prescription device.

9) Habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug that could result in a licensee’s inability to practice with reasonable judgment, skill or safety.

10) Discipline by another U.S. jurisdiction.

19) Failure to establish and maintain records of patient care and treatment as required by law.

20) Fraud, deceit, or misrepresentation in applying for license.

33) Prescribing, selling, administering, distributing, giving, or self administering a drug classified as a controlled substance or narcotic for other than medically accepted therapeutic purposes. Complaints made to the Department can come from patients, administrators, other nurses, and even family members. Once a complaint is made the Department’s Investigative Unit will open up a file and contact the licensee subject to the complaint and any other individuals who may be privy to the allegations contained in the complaint. Anything that is said to an investigator can and will be used against you in the formal hearing process. Often times, nurses are told during investigation that the matter is “most likely going to be closed” but that is usually not the case and unfortunately it gives the licensee a false sense of comfort. It is highly recommended that you consult with an attorney who specializes in the licensing area during the investigative stage. Pursuant to 225 ILCS 65/70-80 of the Act: The Department shall, before suspending, revoking, placing on probationary status, or taking any other disciplinary action as the Department may deem proper with regard to any license, at least 30 days prior to the date set for the hearing, notify the accused in writing of any charges made and the time and place for a hearing of the charges before the Board, direct her or him to file a written answer to the Board under oath within 20 days after the service of such notice and inform the licensee that if she or he fails to file such answer, default will be taken against the license and such license may be suspended, revoked, placed on probationary status, or have other disciplinary action, including limiting the scope, nature or extent of her or his practice, as the Department may deem proper. Depending on the circumstances surrounding the allegations of the Complaint made to the Department, the three most common actions taken are: the filing of a formal complaint, a notice to appear for an informal conference with the nursing board or a notice of intent to deny or refuse to renew your license. In either case your matter is now referred to prosecutions who work in conjunction with the nursing board to resolve the matter regarding the complaint. Pursuant to 225 ILCS 65/50-60(c), the Nursing Board shall participate in disciplinary conferences and hearings and make recommendations to the Department regarding disciplinary action taken against a licensee as provided under this Act. Disciplinary conference hearings and proceedings regarding scope of practice issues shall be conducted by a Board member at the same or higher licensure level as the Respondent. Participation in an informal conference shall not bar members of the Board from future participation or decisions relating to that matter.