north carolina lawyer who represents nurses

by Lamar Kertzmann 9 min read

Full Answer

What is the role of a nurse attorney?

We represent nurses in forming corporations and limited liability companies, in applications for home health agencies, nurse registries, health care clinics and other types of facilities regulated by the Agency for Health Care Administration (AHCA). We also defend nurses in licensure and regulatory matters.

How can the health law firm help nurses?

The lawyers of The Health Law Firm routinely provide legal representation to nurses in a variety of different situations. If you receive notice that the Department of Health has opened a Board of Nursing investigation against you, contact The Health Law Firm before you talk to an investigator.

What kinds of disciplinary matters do lawyers for nurses handle?

We have vast experience with such common disciplinary matters as: Our licensure attorneys also have experience handling more complex disciplinary actions against nurses, such as criminal prescription fraud and drug distribution charges. In addition, our lawyers for nurses help nurses who have difficulty obtaining or renewing a nursing license.

How can a criminal defense attorney help protect my nursing license?

Our nursing license attorneys and criminal defense attorneys work together to handle criminal matters in a way that will help protect the nurse’s license after the criminal case is resolved.

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What is the number to call a nurse lawyer?

Contact Form. Call: 877.234.5911.

Who is Chapman Law Group?

Chapman Law Group’s criminal defense lawyers are unique in that they only represent health care providers. Their combined knowledge and experience in criminal law and health care law allows them to handle the most complex cases against physicians and nurses.

Can a nurse have one without the other?

We know that most legal issues against nurses will have some effect on licensure and employment, and nurses can’t have one without the other. So our teams of criminal defense, negligence and licensure attorneys work together on each case to ensure the initial legal issues are handled in such a way as to minimize the negative impact on the nurse’s career. It’s this dedication to specific areas of health law and collaboration of lawyers that better protects nurses and allows for cost savings.

What Type of North Carolina Professionals Can North State Law Assist?

If your job requires a license granted by a North Carolina Licensing Board and your license is in danger because of an allegation of ethical or professional misconduct, North State Law may be able to assist you.

What cities or counties in North Carolina can North State Law help if I'm a professional needing legal assistance?

If you’re a licensed professional in the state of North Carolina or you’re facing problems with a North Carolina Board, North State Law may be able to help you.

What does a professional licensing defense lawyer do?

Professional Licensing Defense Lawyers, also known as Occupational License Defense Lawyers or simply Licensing Lawyers or Attorneys, help licensed professionals protect their license when facing the suspension or revocation of their license due to complaints, investigations, or disciplinary actions rendered by a state licensing board.

Why should I hire an attorney to help me with professional licensing issues?

When professionals receive notice of a complaint or feel like their license may be in jeopardy, they often think they can resolve the issue independently. Naturally, professionally licensed individuals are very highly educated, so navigating this problem may seem like another challenge in their career that they have to tackle head-on.

Why do you need a license attorney?

The attorney will be able to clear any confusion you may have about the steps to take in the rigid process of protecting your license. Additionally, an experienced professional license attorney can prepare you for any hearings that may take place.

What can an experienced attorney do?

An experienced attorney will be able to speak with you about your situation and lay out your options moving forward. An attorney will be able to answer any questions you may have about your specific situation.

Is Nick a lawyer?

As a North Carolina lawyer, Nick is a licensed professional himself. He understands how one allegation can endanger your ability to do what you love and provides for your family.

What is the issue with nursing termination in North Carolina?

A common issue facing nurses who are facing termination from employment or investigation by the North Carolina Board of Nursing is improper drug diversion. This can involve many different actions, but all of them involve failing to properly handle prescription medications.

Can a nursing license be reinstated?

The answer is that it depends on the circumstances. It is possible to have your license reinstated following a revocation. However, this right is not automatic. You will need to apply for reinstatement, and the board will review your circumstances to determine if you are fit to practice.

Can I Lose My Nursing License for a DWI?

A registered nurse’s DWI can have serious consequences in the state of North Carolina. Being charged with or convicted of a DWI does not mean you will lose your professional license, but like with other misdemeanor offenses, you have to address the situation properly. With the help of a nursing license defense attorney, you can report your DWI to the board and prepare to defend yourself against sanctions. In many cases, you may have to abide by terms of probation for a period of time. However, if the DWI related to your work in some way, you may have to vigorously defend against a suspension.

Why do nurses lose their licenses?

Too many nurses have lost their nursing license because of a DUI. Others have undergone lengthy, invasive and expensive monitoring requirements by the state’s impairment program. All too many nurses enter the state’s impairment program without first consulting a nursing license defense attorney.

Why is my nursing license suspended?

Nursing licenses can be suspended for many reasons, including drug and fraud convictions, positive drug tests, probation violations and failure to comply with the impairment program. Our lawyers have successfully helped hundreds of nurses restore their license following suspension.

What are the issues that threaten a nursing license?

Our nursing license defense attorneys represent hundreds of nurses every year with issues that threaten their nursing license, including drug diversion, DUI, positive drug tests, impairment allegations, failure to report convictions, nurse practice act violations, negligence claims and criminal matters. We also assist nurses in obtaining a nursing license and employment matters.

Why do nurses fail drug tests?

Most often a nurse fails a drug test because of pain medications, marijuana, benzodiazepines or alcohol. Usually, the nurse is accused of drug diversion along with testing positive for drugs.

What is Chapman Law Group?

At Chapman Law Group, we focus solely on the healthcare industry. We have 35 years of experience in license defense, regulatory compliance, healthcare-related criminal law, and professional liability. Our case results for nurses speak for themselves.

Can a nurse be suspended for failing a drug test?

Generally, a nurse who fails a drug test is promptly terminated from employment and reported to the state to faces licensing action. Under certain conditions, the state can immediately suspend a nurse’s license. Our attorneys can help protect your nursing license if you are accused of failing a drug test.

Can a nurse get a nursing license if they have a prior conviction?

While the process can take longer with a prior conviction or sanction, most issues do not automatically prohibit a nurse from obtaining a nursing license. Our attorneys can assist in presenting these issues to the Board of Nursing during the application process and represent you during a hearing before the Board of Nursing.

What are the attorneys in the health care practice group?

The attorneys in our Health Care Practice Group serve all types of health care providers and practices, including physicians, pharmacists, dentists, chiropractors, mid-level providers, nurses, hospitals, home health agencies, behavioral health agencies, ambulatory surgical facilities, diagnostic centers, ambulance service providers, pharmacies, skilled nursing facilities, and durable medical equipment suppliers. We know that our health care clients experience a continuous increase in the number and complexity of regulatory obligations with which they must comply – with no relief in sight. Our health care attorneys understand that our clients rely on us to assist them through the regulatory quagmire so that they can concentrate their efforts on what they do best: providing quality health care services and products.

What is the North Carolina Professional Corporation Act?

The North Carolina Professional Corporation Act, the North Carolina Limited Liability Company Act, the Certificate of Need ("CON") law, and regulations issued by the North Carolina licensing boards affect the operations of our health care clients.

What are the federal laws that affect healthcare providers?

A number of federal laws are broadly applicable, including the Affordable Care Act, the Anti-Kickback Statute, the Emergency Medical Treatment and Active Labor Act ...

What are break downs in communication between nurses, physicians, etc?

Breakdowns in communications between nurses, physicians, etc lead to medical errors and poor outcomes for patients. Follow facility protocol. No matter who else takes the shortcut, you shouldn’t. If you believe you’re being asked to do something unethical, refuse.

How Do I Protect My Nursing License?

You worked hard to obtain your nursing license. Unfortunately, one small mistake at work or a less that professional occurrence in your personal life you ultimately lead to a license suspension or revocation. While you cannot eliminate this risk, there are ways to mitigate the risk.

What is the Texas Board of Nursing?

The Texas Board of Nursing (formerly the Board of Nurse Examiners for the State of Texas) regulates nursing practice in the State of Texas pursuant to the Nursing Practice Act, the Texas Administrative Code and other guiding statutes such as the Health & Safety Code and Chapter 53 of the Texas Occupations Code. The Board is charged with regulating RN (Registered Nurse), LVN (Licensed Vocational Nurse), and Advanced Practice Nursing designations such as clinical nurse specialist. They also regulate and grant prescriptive authority to nurses who are credentialed to apply for DEA / DPS prescriptive authority.

Is it safe to assume someone is responsible for something?

Don’t rely on your coworkers. It’s always safer to assume that if sometime is your responsibility, you need to make sure it gets done.

Can a nurse be investigated for a disciplinary action?

In fact, a nurse undergoing a disciplinary action / investigation will rarely encounter an actual Board member. Even the Informal Conferences are run and determined by Staff of the Board. Board members will only be encountered if a nursing license applicant is invited to attend a meeting of the Eligibility & Disciplinary Committee or if the nurse has gone through the contested case hearing process at the State Office of Administrative Hearings and the matter goes to the Full Board for consideration. Even in these cases the Nurse is rarely afforded an opportunity to appear even though it is well within his / her rights.

What should nurses know about complaints?

It gives advice in response to the question: "What should you do if you are the subject of a complaint?" It advises the nurse to contact the Board of Nursing (BON) immediately in such an event and states that the complaint will be handled in a "fair and appropriate matter." It advises that a BON representative will describe the investigation process and answer any questions that you may have about an investigation if a complaint is filed against you.

What to ask an attorney about an employer?

If your employer obtains an attorney to represent you in a matter, ask the attorney: "Do you work for me or the employer?" Also ask: "If there is a conflict between my defense and the employer's defense, will you continue to represent me or will you represent the employer?" Ask these questions in writing and get the answer in writing.

Does nursing malpractice insurance cover depositions?

If you have nursing malpractice insurance, your professional liability insurance will most probably pay for your legal defense of a complaint filed against you, for a subpoena sent to you or for any deposition you must give. The need for defense of a complaint filed against you with the state licensing agency occurs many times more frequently ...

Can a nurse choose an attorney?

Most nursing professional liability insurance allows the nurse to select the attorney of his or her choice to defend her or him. This is a very desirable feature to have in a professional liability insurance policy. Otherwise, the insurance company will reserve the right to pick your attorney, whether or not you agree with the choice.

Can a BON lawyer give legal advice?

Furthermore, BON representatives are not able to give you legal advice on what to do. Even if you do speak with an attorney representing the BON, that attorney is not allowed by law to give you legal advice. Remember, the attorney representing the BON works for the state and is similar to a prosecutor.

Do you have to make a statement to a board of nursing?

Most states, Florida included, do not require you to make any statement to an investigator (or attorney) working on a Board of Nursing complaint, and we recommend that you not do so. In fact, under Florida law, your constitutional right ...

Do nursing homes insure you?

Many nurses make a terrible mistake thinking "I work for a hospital; the hospital insures me." Or "I work for a nursing home, the nursing home insures me." This is not correct when it comes to complaints filed with the Board of Nursing. A hospital will have insurance (or will self-insure) to cover itself, not you. A nursing home may have insurance to cover itself, not you. If you have a complaint filed against you with the Board of Nursing, it is very rare that your employer will pay for your legal defense; additionally this will almost never occur if you no longer work for that employer. In many cases, and in most cases we have seen in the past year, it has been the employer hospital or the employer nursing home that has filed the complaint with the Board of Nursing against the nurse. You don't think the employer is going to pay for your legal defense if it has filed the complaint, do you? In addition, the employer who has filed the complaint, in the vast majority of cases, also fires the nurse. So you may be out of a job as well as no be able to pay for a legal defense of your license.

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