Health Care Professionals Criminal Liability

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Professional Regulation and Criminal Liability of Nurses Christopher Ponciano September 27, 2010 Legal Issues in Health Care: Regulation and Compliance (HCS/430) University of Phoenix Professional Regulation and Criminal Liability of Nurses The health care field is a very complex workplace environment and the terminology like malpractice encompasses the negligence of health care professionals. In the past, there is a division that existed between physicians and nurses. Additionally, nurses had very defined framework, in which nurses are to wait after a patient have been seen by doctors and simply implements the physician’s order. In other words, nurses are not to diagnose, treat symptoms, or prescribe medications. In the…show more content…
After the investigation, if the Board determines that the allegations have merit, then the complaint will proceed to an informal hearing. Eventually, the nurse receives a notification in regard to the allegation and the Board will schedule an informal hearing. The Board of Nursing’s attorney, the member of the board, and the nurse are present in the informal hearing. However, if the nurse has retained an attorney, then the attorney will be present during informal hearing. Additionally, before the informal hearing the defendant’s attorney will have the opportunity to discuss the gathered evidence and collect any evidence used during investigation process. The informal hearing starts with the Board of Nursing’s attorney opening statement and the nurse will have an opportunity to present his or her side. After the informal hearing procedure, the board member and the Board of Nursing’s attorney will discuss in private. Disciplinary action and criminal liability. Immediately after the hearing, recommendations are generally made. For example, recommendations can range from dismissal of the complaint, filing a formal charge, or an agreement to negotiate a consent order (Karno, 2005). Under the consent order, the nurse waives his or her rights to contest on the charged allegations or simply seek a review under administrative order. In addition, under consent order gives the nurse and his or her attorney the leverage to control any

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