Lexington County Nursing License Defense Lawyer

When a nurse in Lexington County faces an investigation from a formal complaint, they may be in danger of losing their state license to practice. Obtaining competent legal help from a Lexington County nursing license defense lawyer may mean the difference between a positive or negative outcome after an investigation by LLR and possible hearing before the SC Board of Nursing. Read on to learn more about how a professional defense attorney could work to protect your reputation today.

Violations of Nursing Licenses

Violations of the Nurse Practice Act can be procedural, behavioral, or criminal. These may include:

• Practicing beyond the scope of the individual’s license
• Failing to document patient charts properly
• Failing to dispose of narcotic waste correctly
• Having an inappropriate relationship with a patient
• Practicing while intoxicated
• Practicing under the influence of drugs
• Abusing a patient
• Sexual misconduct

The South Carolina Department of Labor Licensing and Regulation governs the rules that qualify licenses, including nursing licenses to practice, and sets extensive regulations that must be followed to maintain the license. If a nurse is accused of a violation, a long and extensive process begins to determine the validity of the alleged violation.

Administrative Law Process in Lexington County

When a complaint is lodged against a nurse by a patient, a co-worker, another medical practitioner, or the organization that employs the nurse, the South Carolina Nursing Board (which issues and oversees licensing of nurses) receives the complaint and notifies the nurse in writing of the investigation.

The Board’s investigator will likely want to interview the nurse, but it is usually in the nurse’s best interests to decline until the services of a qualified Lexington County nursing license defense lawyer can be arranged since anything the nurse says can be used as evidence against them in court. A skilled Lexington County nursing license defense lawyer could provide advice on how to respond, if at all. Once the investigator finishes, a report describing the alleged offense and the relevant regulations involved is forwarded along with any supporting evidence to the Board’s chief investigator for review.

The Board’s Investigative Review Committee

Next, the report is sent to the Board’s Investigative Review Committee, which decides if the complaint has sufficient merit. The complaint can be dismissed, or the committee can schedule a hearing at which evidence and witness testimony is presented. The defense may have several options depending upon the violation and can conduct its own investigation of the complaint and challenge on procedural or evidentiary grounds.

Rights and Procedures of Appeal

If the hearing before the South Carolina Board of Nursing ends in a public reprimand, probation, suspension, or revocation, the nurse has a right to appeal the decision to the South Carolina Administrative Law Court. If that appeal is denied, then the nurse may file an appeal before the South Carolina Court of Appeals.  If that appeal is denied, then the nurse can file a Petition for Writ of Certiorari before the Supreme Court of South Carolina. An experienced defense attorney can be a valuable asset throughout this process by filing all necessary paperwork in the correct format and fiercely advocating on the nurse’s behalf.

Statute of Limitations

Unlike civil and criminal law, the administrative law does not have a time limit in which to file a complaint. Instead, a complaint can be filed at any time after the alleged violation occurred with no time limit in order to protect the public from unsafe practitioners. Because of this, a valid complaint may be filed years after the alleged event. For this reason, it can be significant to have the protection of a Lexington County nursing license defense lawyer to ward off complaints from years past.

Seek Advice from a Lexington County Nursing License Defense Lawyer

A Lexington County nursing license defense lawyer could offer a risk-free consultation to assess the complaint of an administrative or criminal charge and explain your legal rights in the process involved. If you wish to take steps toward protecting your career and reputation, reach out to a Lexington County nursing license defense lawyer today for your initial consultation.