By Joseph D. Lento, Esquire • 07 Feb, 2024
A disappointing report tells of a licensed surgical nurse allegedly stealing patient anesthesia or painkillers for his own use, leaving the poor patients recovering from surgery with high pain levels.
One can imagine how seriously the licensing officials who investigated and prosecuted the case took the nurse’s alleged misbehavior. Licensing officials often pursue nurse discipline because of patient risks. Less often do the cases involve actual patient harm, as was allegedly the case here.
According to the report, appearing in a reliable hospital industry journal, the accused nurse agreed to an indefinite license suspension, chemical dependency and mental health evaluation, and to complete all recommended treatment. Yet the report concludes with the revelation that the nurse now resides in another state and is able to work under a nursing license still valid in that state.
Professionals May Be Able to License by Endorsement
Nurses, like other professionals, often move from state to state. Nurses, like other professionals, have the advantage of an interstate licensure compact that facilitates movement by offering licenses by endorsement in reciprocating states.
Professionals shouldn’t assume, though, that they can escape the effect of a license suspension or other license discipline in one state simply by moving to another state where they already hold, or may expect to gain, a license.
Discipline in One State Can Affect Licensure in Another
License applications in a new state, even applications for licensure by endorsement, generally require disclosure of pending or resolved disciplinary actions in other states. And discipline in one state may well go into a national database, like the one for nurses, for licensing officials in other states to search.
The bottom line is that discipline in one state, or even a pending disciplinary action, can affect a license application or even a license in another state.
The Devil Is in the Details
Discipline in another state, though, doesn’t necessarily automatically mean discipline in another state. Discipline reporting requirements can differ from state to state and profession to profession, while also depending on the discipline’s grounds or nature, and the status of the disciplinary proceeding.
Some states and professions may require prompt reporting to state licensing officials of any disciplinary action pending in another state. Other states and professions may require only reporting of final disciplinary action.
States and professions that do not require a professional to proactively report pending or final discipline in another state will likely require such a report no later than when the professional applies to renew the license. And disciplinary officials can always search national databases for new discipline of their licensed professionals in other states.
Eventually, discipline catches up with a professional. It is better to defend the disciplinary charges upfront than to run from them and have to face their results later.
Premier Representation for License Proceedings
Retain the Lento Law Group’s premier attorneys if you face a professional license proceeding or have questions about your ability to practice your profession while your license is under investigation. Call 833.536.8652 for the representation you need for your best licensing outcome.