The Law offices of Arnold & Smith - John Price Carr House
You cannot reason with the unreasonable;
When it is time to fight,
WE FIGHT TO WIN.

Our office continues to operate during our regular business hours, which are 8:30 am - 5:30 pm, Monday through Friday, but you can call the office 24 hours a day. We continue to follow all recommendations and requirements of the State of Emergency Stay at Home Order. Consultations are available via telephone or by video conference. The safety of our clients and employees is of the utmost importance and, therefore, in-person meetings are not available at this time except for emergencies or absolutely essential legal services.

Charlotte Nursing License Defense Lawyers

Are you a nurse facing a charge in North Carolina? If so, you may be concerned about losing your nursing license. Depending on the charge, the North Carolina Board of Nursing could permanently revoke your nursing license. Whether someone filed a complaint about you to the North Carolina Board of Nursing, or you are facing criminal charges for a crime you committed outside of work, you need to protect your livelihood and your license.

A criminal defense attorney can defend charges alleging nursing negligence or malpractice that pose a threat to your nursing license and possibly to your freedom. Contact our legal team as soon as possible to schedule your initial consultation. We are here to help defend your rights.

Common Disciplinary Actions for Nurses in Charlotte

If you are a registered nurse in the Charlotte area, there are many regulations and laws that you must follow. You are required to complete the necessary training, education, and licensing, as well as adhere to certain professional and ethical regulations.

For example, the Health Insurance Portability and Accountability Act (HIPAA) of 1996, is a federal law that protects the privacy of medical patients. The Act was created to provide a privacy rule standard to protect sensitive patient health information from being disclosed, without the patient’s knowledge or consent, by entities subject to the privacy rule. Entities subject to the privacy rule include:

  • Healthcare Providers: All healthcare providers, regardless of their practice size, who electronically transmits health information in connection with certain transactions. Examples of transactions that would be covered are claims, referral requests, and benefit inquiries.
  • Health Plans: Entities that pay the cost of, or provide, medical care.
  • Healthcare Clearinghouse: A public or private entity used to process or aid in the processing of health information received from another entity in a nonstandard format into a standard format, or vice versa.
  • Business Associates: A person or organization using or disclosing individually identifiable health information to perform or provide functions, activities, or services for a covered entity. This does not apply to the covered entity’s workforce.

Nurses who violate HIPPA laws could potentially face serious fines and jail time. The seriousness of a HIPPA violation depends on several factors; including, but not limited to whether the nurse knew of the violation and whether the violation was corrected within a certain period of time. If you have been charged with a HIPPA violation, it is important to consult an attorney as soon as possible and start building your case.

Diverting or Stealing Drugs as a Nurse

Diverting drugs refers to transferring a legally prescribed medication to another person, who is not the intended recipient, for any unlawful purpose. Diverting drugs could include failing to properly record drugs within the hospital’s system. Or you may face a charge for wasting a controlled substance according to the hospital or medical center’s regulations. Drug diversion is often connected to substance abuse and addiction. Even if the board cannot prove the offense, you can still be fired for suspicion of drug diversion.

If you have been falsely accused of stealing drugs from the hospital or practice where you work, the consequences can be serious. The accusations can make you look like you are a drug addict and thief. If it is alleged that you were under the influence of the drugs at work, you may also face charges for substance abuse at work.

Abuse or Neglect

When evidence comes to light that you may have neglected or abused a patient, you will likely face an investigation by the North Carolina Board of Nursing. The North Carolina Nurse Practice Act has many different ethical requirements. If you have been charged with any type of intentional conduct that is unethical or unprofessional according to the Act, you will likely face an investigation. Depending on the situation, you could also be facing criminal charges.

Contact Us Today

If you are facing charges that may jeopardize your nursing license, it is important to seek the guidance of an attorney who knows the legal implications a licensed nurse, found to have violated their duties, may face. At Arnold & Smith, PLLC, we understand how overwhelming this time can be and we are here to help. Contact us today to schedule your initial consultation.

For your convenience and safety, we now offer phone and video conferencing. If you prefer an in-person consultation, we have three easy to reach locations in Uptown Charlotte, Monroe, and Mooresville. Contact us today at 704-370-2828 to learn how we can defend your rights.