Nurse Representation
Registered Nurses, Advanced Practice Registered Nurses, Nurse Midwives, Nurse Practitioners, Certified Registered Nurse Anesthetists, Clinical Nurse Specialists in Psychiatric/Mental Health
Registered Nurses, Advanced Practice Registered Nurses, Nurse Midwives, Nurse Practitioners, Certified Registered Nurse Anesthetists, Clinical Nurse Specialists in Psychiatric/Mental Health and other healthcare professionals may require the assistance of an experienced attorney to protect their interests when facing many types of licensing board investigations, hospital disciplinary actions, employment problems, or potential criminal charges. Frances Cullen, PC can help protect your interests.
Georgia Board of Nursing License Defense
The Georgia Board of Nursing is charged with protecting the public by ensuring the competency and qualifications of those seeking to become licensed in the State of Georgia as a Registered Nurse (RN), an Advanced Practice Registered Nurse (APRN), Nurse Midwife, Nurse Practitioner, Certified Registered Nurse Anesthetist, and Clinical Nurse Specialist in the State of Georgia, and in regulating the nursing profession.
The Board has been charged by the state’s legislature with the regulation of nursing practice. Their regulation includes the granting of licenses, monitoring continued competency (continuing education, practice hours requirements), investigating complaints and the imposition of discipline for violations of the Georgia Nurse Practice Act.
Similarly, the Georgia Board of Examiners of Licensed Practical Nurses (Licensed Practical Nurse Board) is similarly charged to ensure the competency for those seeking licensure as a Licensed Practical Nurse (LPN) and regulating Licensed Practical Nurses (LPN’s).
Frances Cullen, PC is dedicated to providing personalized legal services to Registered Nurses, Advanced Practice Registered Nurses, Nurse Midwives, Nurse Practitioners, Certified Registered Nurse Anesthetists, Clinical Nurse Specialists, Registered Nurses (RN’s), Advanced Practice Registered Nurses (APRN’s), and Licensed Practical Nurses (LPN’s).
When allegations are made against a Nurse Midwife, Nurse Practitioner, Certified Registered Nurse Anesthetist, Clinical Nurse Specialist, Registered Nurse (RN), or Advanced Practice Registered Nurse (APRN), which could compromise their professional license, the Georgia Board of Nursing will typically investigate the case.
Under O.C.G.A § 43-26-9, the Georgia Board of Nursing has the authority to refuse to grant a license or sanction a licensee for a wide range of acts of unprofessional conduct, including but not limited to:
- Alcohol and/or drug dependence or abuse
- Overprescribing or Improper Prescribing of Controlled Substances
- Inadequate Medical Recordkeeping
- Failing to follow proper drug dispensing procedures
- Falling to adequately chart the administration of drugs
- Sexual contact with a patient
- Providing services for which the nurse has not been adequately trained
- Discipline imposed in another state
- Arrests and criminal convictions
- Falsification of Georgia Board of Nursing application or renewal forms
- Practice below the standard of care
- Failing to renew a license, lapse of a license, and reinstatement of a license
Georgia Board of Nursing cases are generally opened upon the filing of a complaint. Complaints can be filed by any member of the general public – a patient, a former patient, and a member of a patient’s family, an employee, or a former employee. If the complaint involves a serious violation (for example, an allegation that the nurse is impaired to practice due to drugs or alcohol or an allegation of drug diversion), the case may immediately be assigned to an investigator employed by the Georgia Board of Nursing.
A Georgia Board of Nursing investigator will often contact a licensee to obtain a statement or information relative to the complaint filed. Even the most informal meetings or telephone conferences can have serious consequences. If you are contacted during the Georgia Board of Nursing investigative process, you must retain legal counsel to assist you. While a licensee might be willing to discuss the details of the complaint and wish to provide “their side of the story”, this meeting is not an opportunity to present your version of the facts and, without an attorney experienced in Georgia Board of Nurisng licensing cases as your witness to the interview, your statements can be interpreted differently than you intended and later used against you in a Georgia Board of Nursing hearing.
You have the right to contact an attorney if an investigator from the Georgia Board of Nursing contacts you and it is in your best interest to do so. You should not speak to a Georgia Nursing Board investigator without an attorney present. Frances Cullen, PC is experienced with working with the Georgia Board of Nursing and its investigators, and can provide you with sound legal advice to help protect your license.
Alcohol and/or Drug Dependency & Substance Abuse
There is a significant problem with Alcohol and/or Drug Dependency and Substance Abuse among nurses. The Georgia Board of Nursing addresses a large number of cases each year where nurses are accused of diversion or drug dependence, and they have a protocol to address cases of dependency, impairment, and abuse. Frances Cullen, PC is familiar with how the Georgia Board of Nursing addresses these cases and can properly advise you on approved treatment programs and the best manner to present your case before the Georgia Board of Nursing.
Nurses who recognize they have a problem can seek help from the office of Frances Cullen, PC. It is also important for nurses to contact Frances Cullen, PC if a nurse realizes that he or she may come under investigation for alcohol and/or drug dependency, impairment, or substance abuse, especially if there may be employment or criminal issues associated with the dependency or
Criminal Defense Related to Substance Abuse
In addition to the licensing issues medical professionals face due to substance abuse and/or addiction, they also can be subject to criminal charges. Our firm’s experience allows us to effectively represent healthcare professionals against criminal accusations for writing improper narcotic prescriptions, using controlled substances, or diverting drugs from the workplace. Frances Cullen, PC will work as a zealous advocate on your behalf to provide you with sound legal advice prior to the filing of charges, through the indictment or accusation process, in negotiation with prosecutors, and in fashioning the most favorable plea on your behalf before State or Federal Criminal authorities.
As a former Fulton County District Attorney, Frances Cullen is also familiar with the broad range of criminal laws and can provide a capable defense to charges of criminal conduct.
Frances Cullen, PC has defended numerous health care professionals when State or Federal criminal charges are brought against them and has also worked closely with other criminal defense attorneys to provide solid advice on how best to address potential criminal charges so that the nurse can resume or later return to practice.
Failing to renew a license, lapse of a license, and reinstatement of a license
Each year, a significant number of Registered Nurses, Advanced Practice Registered Nurses, Nurse Midwives, Nurse Practitioners, Certified Registered Nurse Anesthetists, Clinical Nurse Specialists in Psychiatric/Mental Health fail to timely renew their license to practice nursing, thereby permitting their license to lapse. Depending on the length of time that has transpired between the failure to renew your license or the lapse, you may have difficulty obtaining reinstatement of your license to practice as a Registered Nurse, Advanced Practice Registered Nurse, Nurse Midwives, Nurse Practitioners, Certified Registered Nurse Anesthetists, Clinical Nurse Specialists in Psychiatric/Mental Health.
Frances Cullen, PC has experience with these issues and can provide you with legal advice on how best to seek reinstatement of your license to practice as a Registered Nurse, Advanced Practice Registered Nurse, Nurse Midwife, Nurse Practitioner, Certified Registered Nurse Anesthetist, and Clinical Nurse Specialist in Psychiatric/Mental Health.
Representation for Hospital Medical Staff Issues and Before Professional Organizations
A healthcare provider today can face many challenges that call for the sound advice of a qualified legal professional. Hospital medical staff review or action by a professional organization has the potential to severely impact a provider’s practice and reputation and could prompt a licensing board action and a report to the National Practitioner Data Bank (NPDB). Registered Nurses, Advanced Practice Registered Nurses, Nurse Midwives, Nurse Practitioners, Certified Registered Nurse Anesthetists, Clinical Nurse Specialists in Psychiatric/Mental Health and other healthcare personnel should seek legal advice as soon as they become aware of a potential medical staff or hospital review. Frances Cullen, PC has provided advice to numerous nurses regarding these types of issues and can assist you to achieve the best outcome possible.
Representative Cases
In a case where an employer fired a nurse and reported her to the Georgia Board of Nursing for drug diversion, Frances Cullen, PC helped guide the nurse to the appropriate drug treatment program, assisted her with the Georgia Board of Nursing’s investigation process, helped her locate an appropriate nurse advocate to advocate on her behalf before the Georgia Board of Nursing, and was able to negotiate a more favorable outcome for a Private Consent Order to monitor her aftercare following completion of treatment. The nurse was able to once again return to work as a Registered Nurse in a good job.
For a nurse applicant seeking who had been under a Consent Order in another state, Frances Cullen, PC advised her on closing out the other state’s Consent Order, and obtained the paperwork necessary for her to obtain her license from the Georgia Board of Nursing.
In a case where a nurse was criminally charged with Violation of the Controlled Substances Act (VGCSA) for writing fraudulent prescriptions, Frances Cullen, PC represented the nurse in entering the most favorable plea for the crime charged, and then advised her about entering into a Consent Order with the Georgia Board of Nursing to enable her to return to the practice of nursing.
Contact Frances Cullen, PC
As an experienced healthcare law firm, Frances Cullen, PC is well qualified to provide representation for these legal matters. Our firm provides Registered Nurses, Advanced Practice Registered Nurses, Nurse Midwives, Nurse Practitioners, Certified Registered Nurse Anesthetists, Clinical Nurse Specialists in Psychiatric/Mental Health and other healthcare professionals with sound advice and is a forceful advocate when a nurse is faced with potential criminal action, civil claims, or administrative action by a patient, the Georgia Board of Nursing, Georgia Drugs & Narcotics, or a hospital peer review committee.
We are known as the law firm “that cares” about our clients, no matter how small or complex the case. When you retain Frances Cullen, PC you are assured that we fully understand the applicable laws and can develop a strong and effective License Defense, and defend you with any issues related to a hospital, employer or State or Federal criminal charges.
If you are a Registered Nurse, Advanced Practice Registered Nurse, Nurse Midwife, Nurse Practitioner, Certified Registered Nurse Anesthetist, Clinical Nurse Specialist, or other healthcare provider facing legal action, please contact Frances Cullen, PC at your earliest opportunity.
Proviso: Due to the professional stature of my clients and the sensitive nature of the issues that are the subject of these matters, client names are not provided for these cases.
