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Nurse License Defense Attorney in New York, NY
A nurse license defense attorney can help represent you from the appropriate government agencies when your nursing license, the primary source of your income, is at stake. When a nurse is being investigated for an action that can result to suspension or revocation of the nursing license, it is always recommended that the nurse be adequately represented by an experienced nurse license defense attorney.
Strategy in Nursing License Investigations
The first and foremost strategy in nursing license investigations is to hire the services of a nursing license defense lawyer to represent you in any investigation. This will ensure that the narration of facts constituting your defense are legally defensible and your rights are adequately represented and protected before the investigating agency. Though expensive, a lawyer will minimize any risk that the main source of your income, your professional license, is taken away.
If you are being charged with a misdemeanor or felony, such as driving while intoxicated, hire a lawyer to ensure that you are not convicted. A conviction will most likely result to an imposition of penalty by the Office of the Professional Discipline. If you can, strive to obtain an ACD (Adjournment in Contemplation of Dismissal) which is not considered a criminal conviction and need not be reported to the board. ACDs are usually negotiated between the lawyer and the assistant district attorney and thereafter presented to the court for approval. ACDs may be given to first time offenders, light offenses and misdemeanors, and cases where the evidence is not strong.
If you are being charged with Medicaid fraud, remember to hire a lawyer that is separate and independent from the lawyer of your employer. The lawyer of your employer only has the best interests of your employer, and not yours, and might even use you as a fall guy. An independent nursing license defense attorney will be able to adequately represent your personal interests over and above the interests of your employer.
If a complaint has been filed against you with the Office of the Professional Discipline, a nursing license defense attorney will be able to assess and evaluate your case to see whether you could get a favorable outcome or whether it is better to apply for a consent order.
Grounds for Suspension or Revocation
A nurse’s license can be suspended or revoked on any of the following grounds:
- Professional misconduct
- Drug diversion or substance abuse
- Treatment and care failures
- Abuse of patients
- Medication administration
- Documentation errors or omissions account
- Fraud
- Positive criminal background checks
The above list is not an all-inclusive list. Generally, however, 32.5% of complaint allegations relate to professional misconduct, where 42.3% of professional misconduct allegations relate to drug diversion and substance abuse.
Although the complaints can be filed with several government agencies, the most common government body in New York that conducts most nursing license investigations is the Office of Professional Discipline (OPD). In cases involving Medicaid fraud, however, the Medicaid Fraud Control Unit of the Attorney General’s office and the Office of the Medicaid Inspector General conduct the investigation. The Attorney General’s office usually becomes involved in criminal cases involving nurses.
A review of cases where nursing licenses have been ordered to be surrendered show that this type of penalty is reserved for the most severe type of offenses, such as physical abuse or abandonment of patients, selling or delivering drugs or controlled substances, administering controlled substances that lead to damage to patients, and convictions of driving while intoxicated or under the influence (whether in or out of New York).
Most suspension and probation cases, on the other hand, are based on applications for a consent order. This consent order shows that the nurse has agreed to a stipulation of facts, admits guilt on at least one act of alleged misconduct, and agrees to the penalty imposed. This consent order, however, will be attached to the nursing license and will have to be explained to every potential employer, despite completing the compliance.
A nursing license defense attorney is your best strategy when being investigated for misconduct because they will represent you with the objective of ensuring that the main source of your livelihood and income, your nursing license, is not suspended or revoked. Should you need a nursing license defense attorney, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at You can call us at 212-233-1233 or send us an email at [email protected].
About the Author
Albert Goodwin Esq. is a licensed New York attorney with over 18 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
