If you’re facing a nursing disciplinary proceeding, one of the things that might happen is a stayed suspension. It’s important to know what that is and what you need to do.
What does it mean when a nursing license suspension is stayed?
A stayed suspension of your nursing license means that you are still able to practice. However, you are given terms and conditions to follow. It’s kind of like being on probation. If you fail to comply with the terms of the stay, a suspension may be imposed.
Defining Stayed Suspension
When you have a stayed suspension, you still have an active and valid nursing license. You can continue to practice. However, a suspension typically does two things. First, it sets out in clear terms what will happen if the terms of the suspension are not met. Second, it creates conditions that the licensee must comply with during a probationary period.
Is it good or bad to have a stayed suspension of your nursing license?
Having a stayed suspension of your nursing license can be both good and bad. It’s good in that it’s not an immediate suspension of your license. You can still go to work. Having a stayed license can be challenging in that there are conditions to comply with. It can be stressful knowing that your professional future hinges on following the terms of your suspension.
In addition, any licensing action may complicate your employment. If a stayed suspension requires supervision or reports, you will need your employer to complete the requirements.
Common Reasons for a Stayed Suspension
A stayed suspension is most appropriate when the harm of the licensee’s actions is not that bad, or when there are things that the licensee can do to improve their ability to practice safely.
Common reasons for a stayed suspension may include:
- Practice errors, which may be from negligence or incompetence
- Medication dispensing discrepancies
- Crossing professional boundaries
- Sexual misconduct
- Substance abuse concerns, impairment on duty
- Poor treatment of patients, emotional abuse
- Fraud, theft
- Criminal conduct
- Neglect, including sleeping on duty
- Exceeding the scope of practice
- Breaching confidentiality
Conditions You Must Meet During a Stayed Suspension
Conditions that a person must meet while their nursing license suspension is stayed will be unique to their situation. Examples of conditions imposed during a stayed suspension are:
- Restrictions on the type of practice or aspects of practice
- Supervision of practice
- Education and training
- Public reprimand
- Paying a fine or costs
- Substance abuse monitoring and testing
- Treatment for mental health
- Addressing a physical condition impacting the ability to deliver safe care
- Obey all laws
- Submit reports
If you’re ordered to submit reports, you may supply them, or they may come from an employer or supervisor.
Consequences of Failing to Comply with a Stayed Suspension
If you fail to comply with the terms of a stayed suspension, the suspension may go into effect.
Then, you are completely prohibited from practicing. The consequences of failing to comply with a stayed suspension are grim if you want to continue using your license.
Is a stayed suspension in nursing serious?
A stayed suspension is a serious licensing action in nursing, but it is still possible to maintain your license. A suspension is a complete removal from practice for a period. When a suspension is stayed, it is still more serious than a letter of concern or a non-disciplinary consent order. A stayed suspension nursing license is not ordered lightly. The conduct involved will be serious.
How do you get a stayed suspension on your nursing license?
A stay of license suspension on your nursing license begins when someone makes a complaint of misconduct to the nursing board. The nursing board investigates the allegations. They must find that the allegations have merit. A stayed suspension may be ordered by agreement with the approval of the Board. Alternatively, it may be ordered after a contested hearing.
How to Avoid a Stayed Suspension from Becoming Permanent
To avoid a stayed suspension from becoming permanent:
- Work with an attorney at all stages of the disciplinary process.
- Review the terms of your stayed suspension so that you know what to do.
- Comply with the terms of the stay.
- If you’re accused of violating the terms of the stay, don’t ignore it.
At Remington & Dixon, PLLC, we strategize for our clients and help them navigate nursing license disciplinary action in the best way for their situation.
Contact an Experienced Nursing License Defense Lawyer
The best time to contact an experienced nursing license defense attorney is as soon as you are facing nursing license suspension proceedings. Your attorney can pursue negotiated terms of consent. They may work to ensure that the terms of the stay are manageable so that you will be successful.
Consult with a Lawyer for Nursing License Stayed Suspension
At Remington & Dixon, PLLC, we are leaders in nursing license defense. If you are facing the possibility of a stayed suspension, need help with compliance, or are accused of violating the terms of your stay, attorney Brandon Remington can help. Contact us now.
