The California Board of Registered Nursing (BRN) handles the licensing of registered nurses. It also ensures the safety, health, and well-being of the public. As a registered nurse, you offer patients treatment, nursing care, and rehabilitation. However, a patient complaint, a dispute with your employer, or a criminal charge could endanger your license and career.

If you are a registered nurse in California dealing with a license issue, you can contact the San Luis Obispo License Attorney to help you. As license defense lawyers, we work to represent healthcare professionals like yourself in the BRN's disciplinary procedures and administrative hearings. Call us today, and let us help protect your nursing career from any potential legal issues.

The Roles and Functions of California Registered Nurses

Registered nurses comprise a larger percentage of healthcare workers than any other profession in the US. This single reason shows how critical registered nurses are in the healthcare workforce.

Nurses have taken on more responsibilities over the years. They offer primary patient care and provide patients with information about wellness and health and how to prevent future health issues. They also:

  • Help with rehabilitation
  • Work in Intensive Care Units and emergency room settings
  • Administer anesthesia
  • Support doctors in surgeries
  • Provide care for children in pediatric departments
  • Work in psychiatric facilities

Nurses often serve as primary caregivers, a role that was once held only by doctors. This situation has made them more open to lawsuits and complaints. Nurses play a significant role in healthcare and have many responsibilities, which increases their chances of facing allegations. Such claims can result in disciplinary measures from the BRN.

The Role of the Board of Registered Nursing

The BRN grants licenses to individuals who meet educational and professional requirements. It also oversees the nursing industry, helping to protect patients and maintain high standards of care and professionalism.

The board enforces disciplinary guidelines to address nurses deemed unsafe, negligent, or incompetent. These guidelines offer specific recommendations for actions based on violations of the Nursing Practice Act (NPA) or the Business and Professions Code (BPC).

The BRN considers many factors. They will determine if a guideline violation leads to a citation, reprimand, fine, license revocation, suspension, or probation. These factors include:

  • The type of complaint
  • The seriousness of the violation
  • The potential harm to a patient
  • Any past disciplinary actions
  • Any criminal history
  • The time passed since there were any previous violations of BRN's guidelines

The BRN must follow any court-approved probation requirements for ongoing criminal cases, including felonies and misdemeanors.

When the board investigates you, do not assume it is about your well-being as a nurse. Their primary focus is public safety. However, this does not imply that a skilled lawyer cannot negotiate with them on your behalf.

The BRN can also overrule the decision made by the Administrative Law Judge (ALJ) during an administrative hearing. It can deviate from the disciplinary guidelines recommended. However, the board must provide a valid justification when reporting the ruling. Your attorney can present strong evidence and convincing arguments for you. This helps the ALJ issue a favorable decision and justify it to the board.

Reasons Why Registered Nurses Lose Their Licenses

If you are a California registered nurse, you should learn about the common reasons for investigations by the BRN. This knowledge can protect your ability to work in the field. The BRN can conduct an inquiry, which may result in probation, license suspension, or nursing license revocation. Other penalties and disciplinary measures may also apply. California licensing boards can file disciplinary actions against professionals at any time, as there is no time limit.

Here are some common reasons why registered nurses lose their professional licenses:

Unprofessional Behavior, Incompetence, Professional Misconduct, Failure to Fulfill Responsibilities, Gross Negligence, or Violating the Code of Conduct

The board could revoke or suspend your nursing license. This can happen if patients, colleagues, or employers claim you acted unprofessionally. It can also occur if they claim you committed misconduct, neglected your duties, or were incompetent. You can face charges as a nurse, whether these acts were intentional or not.

Manipulating Medical Documents Or Neglecting To Maintain Proper Records

Nurse documentation mistakes could result in inquiry letters from the Board of Registered Nursing. Common mistakes include not accurately or comprehensively documenting:

  • Patient health information
  • Medication administration details
  • Medication reactions
  • Patients' conditions
  • Unusable patient records

Criminal Acts

Failing to report or clear a past felony or misdemeanor can lead to the BRN revoking your nursing license. If you are convicted of a crime while working as a nurse and do not report it, you risk losing your license.

Diverting Drugs/Medications

Improperly taking medications and diverting controlled drugs is a serious offense. It violates the California NPA. Nurses can face severe consequences for not disposing of drugs and controlled substances. They could steal controlled substances for personal use, to give to someone else, or for money.

Nurses can divert medications in several ways. They might take drugs from the medication dispensary, pharmacy, or narcotics cabinet. Some may alter records and claim they gave the medication to a patient when they took it. A nurse may also search through medical waste for leftover controlled substances.

Failing a Drug Test Or Declining To Participate In One

Employers in California may revoke nurses’ licenses if they subject them to random drug tests. This also includes using marijuana, even after Proposition 64 allowed recreational cannabis use. The Supreme Court ruled that employers can fire workers who fail drug tests. This is true even if they have a doctor's prescription for legal medical marijuana.

California law allows employers to require pre-employment drug tests. They can consider illegal drug use when making hiring decisions. A colleague or patient could report a nurse, which could lead to drug tests. This can happen even if the nurse is not impaired. They may only have drug residues from recreational use in their system while at work.

Breach of Health Insurance Portability and Accountability Act (HIPAA) Regulations

Healthcare-specific violations can lead to the revocation of a professional license. Licensing boards may also impose disciplinary measures. For example, a California nurse could have their license revoked for violating HIPAA.

Nurses must report accidental violations to their supervisors or privacy officers. This helps them avoid serious consequences. The board may take action if serious violations of HIPAA happen, even by accident. This can include revoking or suspending a nurse's license.

Disciplinary Actions From Other States

The California BRN can discipline a licensee if another state’s licensing board has convicted or disciplined them. This applies even if the other board is not a nursing board.

Indecent Behavior on Social Media

The California Board of Registered Nursing places great importance on protecting patient confidentiality. So, if you post anything that violates a patient's privacy online, you could be subject to an investigation by the board. This may involve posts on social media platforms along with:

  • Images or recordings of an individual receiving medical treatment
  • Identifying your patients by their name or by a specific characteristic

The board also advises against content that promotes or criticizes healthcare services or providers. It also warns against expressing views on controversial healthcare issues. Any content depicting a nurse in a compromising position may lead to an investigation of your license. Examples include drug or alcohol misuse or using profanity language.

The Board of Registered Nursing's Disciplinary Procedures

There are six stages involved in the disciplinary procedures taken by the BRN.

Complaint Against a Nurse

Disciplinary actions by the California Board of Nursing begin upon receiving one of the following:

  • A report submitted by a doctor, patient, hospital, employer, or an unknown individual
  • Notification of a criminal allegation, arrest, or sentence
  • Disciplinary measures are available for nurses with licenses in multiple states and those who travel. The California BRN connects these measures through the NURSYS database

Anyone, including anonymous individuals, can submit complaints online and report potential violations of regulations, laws, and professional ethics. If the board’s review finds a possible violation of the NPA within its authority, it will send the allegation to the DCA (California Department of Consumer Affairs), leading to further investigation.

Investigation Into the Nursing License

You usually learn about a nursing license investigation through contact from an investigator. This investigator could be from the Board of Registered Nursing or the Department of Consumer Affairs. They might schedule an interview or send you a letter. The investigation includes the following:

  • Asking for permission to access your employment records
  • Notifying you about an investigation against you or a formal accusation
  • Inviting you to participate in BRN's Intervention Program

Investigators usually include former law enforcement officers, DEA agents, or experienced detectives skilled in interrogations and investigations. They often appear approachable, asking about the allegations against you. However, they are building their case against you.

Formal Accusation

The Attorney General makes a formal accusation public on Breeze and the BRN’s website. This Accusation is an official legal document that the AG and the nursing board prepare. The document explains the board’s reasons for wanting to revoke, suspend, or have you give up your license. This report details the cost recovery report and expenses incurred by the board during the investigation. You must reimburse these costs.

After receiving the Accusation, you usually have 15 days to respond. You may lose your license due to a default judgment if you do not reply.

The Administrative Hearing

If you cannot settle your issue during the Accusation phase, you must attend an administrative hearing at the Office of Administrative Hearings in Los Angeles, Sacramento, San Diego, or Oakland. This is a legal procedure where an Administrative Law Judge reviews and decides about your license case.

The meeting will occur with the ALJ, a Deputy Attorney General, and your attorney. Both sides will have the chance to present their arguments and evidence. Under California Government Code 11517, the judge has a 30-day decision window based on the information provided. The typical result of a hearing is preserving the license under certain probation conditions.

Notice of Defense

This is an official response to a Statement of Issues or Accusations, depending on whether you are a first-time license applicant or already have a license. By law, the licensing board or agency must give you a Notice of Defense form to respond to the allegations. The form usually includes only the basic information needed to file for an appeal hearing. However, it does not protect most of your legal concerns or other rights during appeals.

Writ of Mandamus

If you fail in a licensing case at the OAH Hearing, you can appeal the decision in the Superior Court through a writ of mandamus. The licensee must submit the writ plea within 30 days of the hearing decision taking effect.

If your attorney believes the judge made mistakes in the decision, the writ of mandamus can offer assistance. If the writ plea is unsuccessful, the next step is to take the case to the Court of Appeals in California. Appeals involve complex legal aspects, including strict timeframes, evidentiary rules, and limitations on the scope of review.

Can The Board Reinstate My Revoked Nursing License?

Each licensing organization has rules for reinstating licenses. The board can restore licenses they took away after a person demonstrates rehabilitation. There is often a waiting period of one to three years before you can file a petition for reinstatement. To request reinstatement, you must appear at a licensing board meeting or administrative hearing instead of reapplying for the license. Some organizations may require you to reapply for a registered nursing license to start the process.

Find a San Luis Obispo License Defense Attorney Near Me

Registered nurses’ major purpose is to ensure patients’ safety and care. However, their roles and duties in the nursing field are subject to inquiries and disciplinary measures from the BRN. The licensing board initiates disciplinary measures when a patient or colleague files a complaint against you.

If you have a complaint or investigation regarding your nursing license, the San Luis Obispo License Attorney is here to help you through this tough time. Our experienced lawyers will support you and protect your rights. Call us today at 805-465-2766  for a free consultation.