Nationwide, nursing disciplinary actions have increased 149% since the 1990s. The Illinois Department of Financial and Professional Regulation is particularly intolerant of certain kinds of conduct. In fact, the IDFPR has been known to skip past the reprimand stage and take adverse action against a Chicago nurse’s license after just one infraction.
Our legal team is particularly adept at nursing license defense actions. Because of his highly specialized experience in these areas, Thomas Glasgow has successfully defended health care professionals and private individuals against the unlimited resources of the Federal and State government.
Untreated Substance Addiction
Vicodin and other opioid painkillers are incredible powerful, and it is easy to get addicted to these pills. The addiction itself is usually not a cause for concern, but if the addiction creates other problems, the IDFPR often takes action.
For example, some believe that if a nurse self-reports a painkiller addiction, the matter is basically closed, but that is not true. If the addicted nurse fails to enter or complete an approved treatment program, the IDFPR often takes very swift action.
Drug Diversion
This is a familiar tale, as well. Some nurses surreptitiously take pills out of a medicine cabinet to make it through their shifts. Others take pills to give to friends and relatives whose doctors have cut them off. Commonly, the IDFPR issues a reprimand and orders the nurse into rehab. If s/he refuses to go or the program does not certify the nurse as a recovering addict, more extreme action against the license usually follows.
Stealing medication in this way can also lead to substantial criminal liability. Theft is a crime of moral turpitude and Possession of a controlled substance is a felony, so these offenses may have future consequences, as well.
Impersonating a Nurse
In the age of identity theft and sophisticated digital printers, this infraction is almost as common today as it was a hundred years ago. There are two main variations, and the IDFPR treats each of them with equal contempt:
- Presenting a False License: Some people present false licenses early in their careers at small facilities that do not ask many questions. These individuals may continue unauthorized practice for years. But inevitably, a facility runs a more sophisticated screening and the fraud is unveiled.
- Doctoring a License: Some nurses present suspended licenses as valid. They believe that once the suspension ends, all is forgiven. But that is not the way things work. Often, that suspended license may become a revoked license.
If a non-nurse presents a fake license, that person will be permanently barred from applying for a license in Illinois.
False Statements
Most facilities ask nurses if they have any disciplinary history in Illinois or any other state. Many nurses think that the hospital has little way of verifying out-of-state disciplinary records, especially if they present Illinois licenses.
That subterfuge may get you past the interview. Eventually, the real story comes out. Frequently, the day of reckoning comes during a separate criminal or civil lawsuit.
Unprofessional Conduct
This vague term could describe a wide range of conduct, from using bad language around patients to having an affair with a married doctor to running a pornographic website from your living room.
If the infraction is your first one, the IDFPR may be somewhat lenient. If there is a history of discipline issues or if there is outside pressure to take action against your license, the disciplinary process often goes in another direction.
Reach Out to Experienced Attorneys
Whenever things go bad at a medical facility, nursing disciplinary actions often follow. For a confidential consultation with an experienced criminal defense attorney in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Hush Naidoo)