Nurses are valued professionals in California. This profession can be gratifying and has significant financial rewards. However, it is easy to lose all those rewards if you are subject to disciplinary action by the California Board of Registered Nursing (BRN). Professional license penalties can significantly affect your career, especially if they result in a license suspension or revocation. You may not be allowed to practice nursing, even in other states, if you are under board disciplinary action. If this happens, you risk ending your nursing career.
If your registered nursing license is at risk, you should seek the services of an experienced license attorney. At the San Francisco License Lawyer, we have committed license defense attorneys who can safeguard your license irrespective of the allegations against you.
The Role Of The Board Of Registered Nursing
According to Business and Professions Code 2795 and 2796, it is a crime for any unlicensed person in California to engage in nursing. It is also an offense for you to use nursing titles like ‘’registered nurse’’, or ‘’nurse anesthetist’’ without a valid nursing license. It is mandatory under BPC 2795 and 2796 for you to secure a license before practicing nursing. The BRN is responsible for issuing licenses to qualified nurses. It also cites fines and publicizes the names of individuals who engage in nursing without a valid license. Facing a license disciplinary action can be a stressful situation because you will not be allowed to continue practicing with your employer. However, you can fight to keep your license if you do not want to be compelled to surrender your profession.
The Disciplinary Powers Of The Board Of Registered Nursing
The Board is allowed to impose disciplinary actions on a licensed nurse who violates the law. According to BPC Section 2570, a licensed nurse or certificate holder may face disciplinary measures provided under Article 3.
BPC 2759 allows the Board to take disciplinary action against a nurse for whom a default decision was reached. This law also permits the Board to take action against a nurse who has undergone the disciplinary process and was found guilty according to the Board’s disciplinary procedures. The grounds on which you will be disciplined up to license revocation are listed under BPC Section 2761.
The Board has the authority to subject your license to discipline on allegations of professional misbehavior. It is also its role to discipline licensed nurses. The board often publishes the names and numbers of licensed nurses who are facing disciplinary measures. The BRN allocates significant resources to disciplining nurses who violate the law. It can also secure the services of career disciplinary experts to identify, probe, and punish nursing standards violations.
The Board has a duty to protect patients against unqualified and unlicensed nurses. It is equipped and ever ready to impose discipline on professionals who fail to observe the law.
Enhanced Scrutiny
You should expect scrutiny if you are a nurse in California. The Board officials take their duty of safeguarding the public seriously. Nursing is a highly regulated field. The Board monitors reports from agencies, employers, and investigators regarding suspicious nursing qualifications and credentials.
Claims That Can Attract Disciplinary Measures
Nurses often face prevalent professional issues; thus, you require a licensed attorney because of the risky nature of your work environment. Patients contract diseases, suffer disabilities, and some die. Your vulnerability makes this profession prone to disciplinary proceedings. According to BPC 2761, the following are the grounds upon which you can face disciplinary actions:
- Claiming that you are board-certified as a nurse midwife, clinical nurse specialist, public health nurse, or nurse anesthetist when you are not certified
- Willingly failing to protect your patients by neglecting to follow the board’s disease control rules, risking transmitting infections from yourself to the patient, from the patient to another, and from the patient to you.
- Permitting another person to use your license or certificate to engage in nursing activities
- Claiming you are a registered nurse or meeting board-established standards for a registered nurse while failing to meet those standards
- Impersonating another certified or licensed practitioner
- Posing as a proxy for the applicant or impersonating an applicant in a nursing exam required for the qualification of a nursing license
- A conviction for an offense related to the roles, functions, or qualifications of a registered nurse
- A felony conviction
- Making or providing any false information or statement in your nursing license application
- Providing or agreeing to procure an unlawful abortion or attempting to assist in, aiding, or abetting the procurement of an unlawful abortion.
- Conspiring or violating, or attempting to violate, or assisting or abetting in the violation of nursing standards or regulations.
- Securing your certificate or license by fraud, mistake, or misrepresentation
- License revocation, suspension, restriction, denial, or other disciplinary actions against your license by a different professional licensing board
- Engaging in nursing activities without a valid license
- False, deceptive, or misleading nursing-related advertising
- Gross negligence or incompetence in carrying out usual certified or licensed nursing functions
- Professional misconduct
Some of the above violations, such as professional misbehavior, are subjective and broad, thereby increasing the disciplinary risk. Seek the services of an experienced attorney if you are subject to any of the above misconduct accusations.
The Disciplinary Procedure
BPC Chapter 6, Article 3 allows the Board to conduct disciplinary hearings for nurses. The Board has the mandate under BPC Section 2759 to suspend your license by default if you fail to respond to the allegations against you on time. This law also allows disciplinary measures against you, including a license revocation if you are guilty of professional misconduct. Consult a competent license attorney to help you fight at every step of the disciplinary process for a favorable outcome. Here is what to expect during a board disciplinary procedure:
Filing The Allegations
The board will publish its complaint process in accordance with the disciplinary mandate of the BPC, Chapter 6, Article 3, specifically Section 2761 of the Code. The process welcomes any person who believes you acted unprofessionally or unsafely, or an unlicensed nurse is illegally practicing nursing, to bring a complaint.
Accusations often come from patients, coworkers, subordinates, supervisors, and family members of patients. The board can also obtain information from civil court cases, media reports, or criminal court prosecutions that warrant filing allegations.
The board will conduct an initial review of the allegation to assess its possible merit. It will assign an investigator for further investigations if there is merit. The accusations will be kept confidential until they are filed.
Investigations
Not every claim will be investigated. For example, a felony offense can result in disciplinary action without an investigation. However, for most crimes of possible merit, the board forwards the claims to its investigation division for an investigator to do the following:
- Conduct interviews
- Gather documentary evidence, and
- Come up with a report of the investigation findings
The investigator will call you for information in ordinary situations.
Hire a skilled attorney immediately when you learn you are being investigated for professional misconduct. An will help you respond favorably, timely, accurately, and entirely to the investigator. Having an attorney at this point can lead to a favorable outcome and potentially result in the dismissal of your charges. Additionally, address disciplinary measures early rather than avoiding them.
A license expiring does not prevent a probe under Section 2765. The Board will continue to investigate you and may impose disciplinary measures that restrict your ability to renew the expired license.
Consent Agreements
The Board can agree with you. This agreement can be the best option for you to escape disciplinary proceedings and actions. However, you should be careful with the terms and conditions of the agreement, especially if you are unable to comply. You will face automatic license suspension or revocation if you fail to comply with the conditions.
Seek the guidance of your attorney before agreeing with the board. The attorney will fight for your favorable consent conditions. License surrender as a consent agreement is allowed under BPC Section 2751. However, the conditions of surrendering your license can restrict you from reinstating your professional license. It can also be challenging for you to secure a license in another state, especially if you have pending disciplinary proceedings or a record of discipline. In this situation, consult an experienced legal team for guidance.
Punishing Minor Offenses
The board will refer minor violations to its citation and fine system rather than extending your case to an official disciplinary hearing. You can contest a fine or citation through the informal or formal appeal process. However, minor violations can still impact your employment or career, regardless of whether they result in disciplinary action for your license. Seek the services of an attorney to help you navigate the appeal process. The Board will forward the offense that involves supposed drug abuse to its Recovery and Alternative to Discipline Intervention Program.
Formal Administrative Hearing
The Board will refer your charges to the office of the Attorney General for a formal hearing if your case is severe. Your case will be presided over by the administrative law judge. The board attorney will file a Statement of Issues or an Accusation to initiate the formal hearing. You are required to respond immediately once the board serves you with any of these documents. You can respond by filing a Request for Discovery and Notice of Defense with the board. Your license will be revoked if you fail to respond within 15 days.
Your case will be scheduled for a formal hearing once you respond to the notice. This will take place at one of the state’s Offices of Administrative Hearings. The judge will record the hearing during the proceeding. The administrative hearing encompasses document exhibits, witness testimony, and the authority to issue subpoenas. Your attorney can represent you, while the deputy attorney general represents the board. An attorney can help you in the following ways:
- Present mitigating factors, eye witnesses, and cross-examine witnesses presented by the board
- Appear at the pre-hearing and post-hearing conferences and fight for you
- Research, develop, and file a hearing brief
- Negotiate with the board to reject, change, or accept the judge’s ruling
The judge will deliver a written ruling that the board can adopt or reject after the hearing. The judge’s ruling can include a suspension, revocation, or denial of a professional nursing license. You can file an administrative writ of mandate in a Superior Court if you disagree with the board’s rejection or adoption of the judge’s hearing ruling.
License Reinstatement or Penalty Relief
You can petition the BRN for license reinstatement and penalty relief, or early termination of probation. However, varying times apply before you can make your petition. You should petition for license reinstatement three years after the effective date of revocation or surrender. For a license revocation or surrender because of physical or mental illness, you can file your petition one year after the effective date of the disciplinary action.
Petition for change of penalties should be filed after one year from the date of the disciplinary action or the date your license was put on probation.
You can petition for early termination of probation after two years from the date of the disciplinary action or the date your license was put on probation. The petition can be filed after one year if the period of ordered probation is less than three years.
The Board can reject a petition filed within two years of the date of the previous ruling without a hearing. It can also reject your petition if:
- There is an underlying petition to revoke probation against you
- You are subject to an order of registration as a sex offender under Penal Code 290
Find a Competent License Defense Attorney Near Me
License disciplinary hearings are often not conclusive. The Board can take the allegations at face value when the case has significant speculation, conjecture, and guesses. Patients who present complaints against nurses often lack the necessary nursing training or education to understand what constitutes professional misconduct. Even if the allegations are credible or true, they do not necessarily warrant disciplinary action, especially when mitigating circumstances are present. Allegations do not automatically lead to disciplinary actions, as the board allows for your response and explanation. At this point, you require the services of a licensed attorney.
At the San Francisco License Lawyer, we have caring attorneys who are ever ready to help you navigate the board disciplinary process for a favorable outcome. Contact us at (415) 496-2811 to talk to one of our attorneys.
