License Hearings

Criminal Defense • Disciplinary Investigations & Hearings

Disciplinary Hearings – CNAs

New York Certified Nursing Assistant Disciplinary Hearing Defense Attorney

The board of nursing (BON) may discipline a nurse’s license when the nurse or certified nursing assistant (CNA) has committed a violation of the state’s nurse practice act. Disciplinary cases are frequently divided into the following groups:

  • Relevant to the practice of nursing
  • Related to drugs
  • Violation of boundaries
  • Sexual misconduct
  • Abuse
  • Fraud
  • Positive criminal background checks

Cases relevant to the practice of nursing involve a breach in the standard of nursing. They consist of the following mistakes:

  • Failure to evaluate changes of condition
  • Failure to carry out interventions.
  • Failure to record information or the type of nursing care that was provided

Following consideration of a complaint by a BON, an emergency action may be taken. Such actions generally involve a summary suspension of a nursing license. The usual standard for this action is clear and convincing evidence that any further practice by the nurse would create a danger of severe harm to the public. Simultaneous with the summary suspension is the filing of a formal complaint and the start of an investigation. A summary suspension will generally remain effective unless there is a reversal by the board of nursing, and a final order is issued by the board.

Disciplinary actions
Actions taken by the board may include:

  • Fine or civil penalty
  • Referral to a discipline program in order to carefully check on the nurse’s practice and recovery
  • Reprimand for minor breach of the nurse practice act frequently without any restrictions on the license
  • Limitations of aspects of nurse practice, such as probation and hours worked
  • Suspension or revocation of license

What should I do if my nurse license is in jeopardy?

If you are in danger of losing your nurse license, you should consult an attorney immediately. You might inadvertently make statements against your interests, or you may be unaware of how to preserve arguments to use in an appeal. Do not accept a settlement offer or attend a hearing without first consulting an attorney. Call the attorneys at Brill Legal Group for a consultation with an attorney who is experienced in disciplinary hearings and licensing issues.

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