Practicing as a registered nurse is a rewarding profession that can also present numerous challenges for a practitioner. Whether you are a vocational nurse or registered nurse under the Board of Vocational Nursing and Psychiatric Technicians or the California Board of Registered Nursing (BRN), you have dedicated your career to caring for others.

Here at Fresno License Attorney, we are defense attorneys familiar with protecting professional licenses and ensuring you can continue working in your field. If the BRN investigators have contacted you or are facing a disciplinary hearing, you should contact us to learn about your alternatives and protect your license.

An Overview of California’s Board of Registered Nursing Roles

The main role of the Board of Registered Nursing is to oversee registered nurses in California. The oversight includes protecting patients and promoting quality care and professionalism. The board also grants licenses to nurses who meet educational requirements and the required standards.

To fulfill its roles, the licensing board has established disciplinary guidelines used when taking disciplinary measures against nurses deemed negligent, incompetent in their duties, or sentenced for an offense relating to the nurse’s functions, duties, and qualifications.

These guidelines provide specific information regarding suggested disciplinary actions for any violation of the California Nursing Practice Act. The board may recommend or impose various disciplinary sanctions, including:

  • The nurse's license suspension which prevents them from practicing for a specified period
  • Revocation of a practitioner’s license. This is the harshest form of disciplinary measure that can be taken against a practitioner and causes the indefinite loss of the professional license
  • Voluntary license surrender
  • Placing a nurse's license on probation. Here, the registered nurse can resume working provided they comply with the probation terms
  • A public reprimand. This warns the nurse against repeating or continuing the purported misconduct. The letter is publicly available on the Board of Registered Nursing’s website
  • Stipulated settlements or agreements
  • The board could issue a citation as well as fines, which could be costly
  • Temporary license suspensions. Here, the nurse is prevented from working during the investigation period
  • Accusation withdrawals

When determining whether disciplinary action will be taken in response to unprofessional behavior or a violation, the board looks at several factors, such as:

  • The severity of the offense
  • Nature of the allegation
  • If the nurse's professional record contains any previous disciplinary actions
  • The type of injury the patient suffered, or the type of harm that might have been imposed on them
  • How long ago the previous offense was committed
  • Actual or potential harm caused to the general public
  • Whether or not the practitioner has a history of criminal activity
  • Mitigating evidence
  • Signs of rehabilitation
  • Compliance with court-ordered sentencing and probation

The Board of Registered Nursing is primarily concerned with public safety, not your interests. However, a competent attorney can assist you with negotiations with the BRN to achieve a favorable resolution for your case. A professional attorney is familiar with proof that can eliminate or lessen the seriousness of potential disciplinary action taken against you by the board.

They can present mitigating evidence, proof of rehabilitation attempts if your claim concerns substance misuse, and proof of ongoing education as well as safe practice. The attorney could also reveal weaknesses in the evidence used against you before and during the board hearing.

When it comes to public safety, the California Board of Vocational Nursing and Psychiatric Technicians is just as invested as the California Board of Registered Nursing (BRN). The board verifies that only qualified practitioners are certified to work as vocational nurses and psychiatric technicians by:

  1. Enforcing practice standards and education provisions
  2. Educating clients about their legal rights

Like the BRN, the BVNPT is responsible for imposing fines and conducting disciplinary proceedings.

The California BRN Review Procedure

The following list outlines the six steps included in the review procedure for nurses who have engaged in unprofessional behavior:

A Complaint or Criminal Charge Against a Nurse

The BVNPT or BRN will begin the review process when they receive information on any of the following:

  • Information regarding an arrest, conviction, or criminal charges against a practitioner
  • A grievance reported by a patient, the clinic, another nurse or doctor, or an anonymous individual
  • Disciplinary action that has been taken in another state (for nurses who travel or work in multiple states), which was then reported via the NURSYS national database

Individuals, even those who choose to remain anonymous, can lodge complaints online regarding alleged violations of professional standards, laws, and regulations.

If the board determines that the practitioner disregarded the California NPA, it will send the grievance to one of the district offices after reviewing the complaint. The California Department of Consumer Affairs, Division of Investigation will then investigate the matter.

Investigative Interviews and Examinations for Nursing Licenses

In most cases, you will first become aware of an inquiry against you once a BRN, DOI, or DCA investigator calls to plan an interview or interrogation, or when the BRN sends you a notification that:

  • Provides you with the opportunity to voluntarily enlist in its Intervention Program
  • Notifies the individual that a lawful accusation or inquiry is underway
  • Requests consent for the release of employment records

The Department of Criminal Affairs (DCA) typically employs former members of the Drug Enforcement Administration (DEA), law enforcement officials, and other expert detectives with years of expertise conducting inquiries. They often invite the practitioner to describe the events, appearing friendly. However, they are meticulously constructing a case against you.

The Filing of Official Accusations

An accusation is an official document issued by the Board of Registered Nurses and the Attorney General. It explains the reasons they seek to suspend or revoke your professional license or why they require you to voluntarily surrender it.

It also contains a cost retrieval statement detailing the costs the board incurred for the investigation and enforcement of the law, which you are required to repay. After the AG files an official charge against your nursing license, the information will be made public and published on the BreEze website as well as the BRN website.

Under most circumstances, you have 15 days from receiving an accusation to submit your response. Failing to comply with this requirement will result in losing your license.

Hearings Conducted by the Office of Administrative Hearings

If the matter is not resolved satisfactorily during the accusation stage, you must attend an administrative hearing. The judge will preside over this proceeding at the Office of Administrative Hearings to determine your matter’s merit and outcome.

This session will include the AGl, your counsel, and the presiding judge. Both your attorney and the AG will advocate for their causes and present evidence according to established regulations.

After that, the presiding judge will examine the submitted information and decide within thirty days. Administrative hearings typically result in a probationary term, requiring the nurse to fulfill specific criteria associated with the probationary period.

Keep in mind that the Board can overrule the Administrative Law Judge's (ALJ) decision. It may deviate from the judge’s suggested disciplinary action but must provide an acceptable reason. Your attorney can persuade the ALJ to rule in your favor and justify the decision to the licensing board by presenting facts that are favorable to you.

Appealing The Administrative Law Judge's Decision

You will be granted thirty days to petition the judge's ruling to the California Superior Court if you lose your case during the administrative hearing. This appeal, called a plea for an administrative mandamus writ, seeks an order mandating the Administrative Law Judge to reverse the set disciplinary action.

An administrative mandamus writ may provide a remedy if your lawyer believes the ALJ's finding contained errors. You could proceed to the California Appellate Court if this writ petition does not grant relief. Appeals are typically complex legal matters involving strict timelines, limitations on admissible evidence, and restrictions on the extent of assessment.

Reinstatement Or Penalty Reductions For License Offenses

You can submit a request to the BRN for early termination of the probation sentence, reduction of levied fines, or reinstatement of a previously revoked or suspended license. Several time frames apply when filing a plea for license restoration or penalty relief. They include:

  • You can request early termination of probation two years after the sanction was imposed or from the date the board granted your license in a probationary state for a mandated probationary duration of 36 months or more. For probation periods of not more than 36 months, you could submit your petition twelve months after the action was taken
  • You become eligible to petition for reinstatement three years after your license's revocation, surrender, or suspension. You may submit your petition for license reinstatement within twelve months of the disciplinary measure if it was due to a disability resulting from a medical or mental condition
  • You are eligible to submit a petition to have the penalties amended after at least twelve months have passed since the disciplinary measure was set or your license was granted probation status. This applies if you seek to modify your penalties.

The board has the authority to reject petitions submitted within 2 years of the most recent decision without hearing and argument. Additionally, it will reject a petition under the following circumstances:

  • A request has been made to terminate the probation, along with an unresolved allegation
  • The petitioner is currently serving a term for an offense, which may include court-ordered probation or parole
  • The individual who submitted the petition has a court mandate to adhere to the sexual offender registration requirements

Diversion Programs

Among the duties that fall under the BRN's purview is administering the diversion program for registered nurses. Nurses whose profession may be hindered by substance misuse or mental disorders are eligible to participate in this intervention program. This program is typically available to practitioners who have substance misuse problems or who have reported themselves. It is a voluntary and confidential program.

If the BRN receives an allegation that your career may be jeopardized due to mental health issues or substance misuse disorder, they may recommend you to a diversion program. Any potential disciplinary action would be suspended if you consent to participate in this program.

However, the board may also revoke your professional license. You may stop attending at any moment. However, your documents and the information you have provided will be sent to the licensing board. They could then file a complaint against you.

Upon successful completion of the program, the diversion program records will be removed. Your license will be reinstated, and you will be free to continue working without posing a risk to the public.

You may not be eligible for the diversion program if any of the following apply to you:

  • You have previously faced disciplinary action due to a history of substance misuse or mental condition
  • You sold prescription medications
  • You have already been suspended for failing to comply with the terms of the diversion program
  • Your actions resulted in a patient's injury or death

Consult with a lawyer before enlisting in the diversion program. They can help you evaluate your legal alternatives and determine if this program is suitable for you.

Issues the Board of Registered Nursing Investigates

The BRN and BVNPT investigate various incidents involving nurses that can initiate disciplinary action. Common examples include:

  • Neglecting to address mental health conditions that jeopardize their ability to take care of patients
  • Serious prescription errors
  • Convictions and criminal arrests for shoplifting, domestic abuse, battery, and fraud
  • Engaging in activities beyond what your nursing license requires you to do
  • HIPAA violations
  • Patient mistreatment
  • Omitting facts or providing false information on your application
  • Providing inadequate patient care
  • Performing licensed activities without proper credentials
  • Alcohol or drug abuse
  • Inadequate record-keeping
  • Unprofessional conduct in patient interactions or workplace behavior

A registered nurse license defense attorney can either explain why the event occurred or raise reasonable doubts about whether it transpired. This is especially important if the BRN or BVNPT has charged you with mistreating or causing harm to patients.

Find A Seasoned Professional License Defense Attorney Near Me

If your job and professional standing are at risk of being ruined, you should consult an attorney acquainted with the professional licensing system. A seasoned professional license defense attorney is best qualified to assist you. At Fresno License Attorney, we have many years of combined expertise protecting nurses against harsh disciplinary actions by the BVNPT or BRN.

We will look into your case, find the most effective course of action to support your position, and take steps to address the issues at hand. Contact us immediately at 559-777-7040 for a consultation.