Losing your professional license can be devastating, especially when it comes down to nursing. It is very high demanding, yet rewarding profession. As a result, this requires years of blood sweat and tears to getting that career. However, the BRN, California Board of Registered Nursing has the authority to suspend or revoke a nurse’s license for a number a reason. This includes professional misconduct, substance abuse, and criminal conviction. Facing a potential license action can be very overwhelming experience.
At KAASS LAW, we understand the gravity of these matters and commit to providing compassion and real legal representation when applicable. When nurses are facing license suspension or revocation, we recognize that it’s more than just a piece of paper. Our team has the skill and ability to provide legal council and guidance on what you need to do in these serious matters. The following will navigate on seriousness of this matter and how to overcome it.
Under What Circumstances Can a Nursing License be Suspended or Revoked in the State of California?
In California, the ability to suspend or revoke the license of a vocational nurse is delegated to the Board of Vocational Nursing and Psychiatric Technicians of the State of California. It consists of 11 members who make the ultimate decision on whether or not a registered nurse deserves punishment, and if they do, there are 3 main ways the board may do this.
- The board may place a license under probation, meaning that the nurse can still practice with the probationary license that typically comes with some type of added terms or conditions (EX: nurse must attend rehabilitation, psychological treatment, etc)
- The board may temporarily suspend a license for a period not exceeding one year.
- The board may permanently revoke a license.
California Business and Professions Code Section 2878
In order for a license to qualify for suspension or revocation, there are certain criteria that it must meet as outlined in California Business and Professions Code Section 2878. Having said that, the language used in the code is quite vague and gives the board a substantial amount of freedom when making their decision.
Under the code, any “Unprofessional conduct, which includes, but is not limited to…” is grounds for the board to suspend or revoke a nursing license. In addition to the wide tent that this language creates, BPC Section 2878 also outlines specific actions that could lead to suspension or revocation. Some of these include:
- Gross negligence, incompetence, or excessive force used on a patient
- The use of advertising relating to nursing (violates section 17500)
- Failure to maintain patient confidentiality
- Fraudulently producing or signing documents
- Impersonating a medical practitioner
- Participating in the act of or administering a criminal abortion
- Committing any crime relating to the duties of nursing
- Any act involving dishonesty that is related to the duties of nursing
- Any unlawful use or administration of controlled substances
- Failure to report another licensee for committing an infraction
After a suspension period, the board will conduct a review of the nurses’ actions and reinstate the license if no infractions were committed. If a nurse chooses to practice with a suspended license, that is grounds for immediate and permanent revocation of said license.
Potential Disciplinary Sanctions
The BRN has a range of disciplinary options available, including:
- Reprimand: A formal reprimand from the BRN.
- Probation: Placing the nurse on probation, which may include conditions such as mandatory drug testing, counseling, or continuing education courses.
- License Suspension: Temporarily suspending the nurse’s license for a specified period.
- License Revocation: Permanently revoking the nurse’s license.
Protecting Your Nursing License: The Importance of Legal Counsel
Facing a potential license action can be a daunting experience. Navigating the complex legal and administrative processes involved requires careful planning, strategic decision-making, and the guidance of experienced legal counsel. An experienced attorney can:
- Conduct a thorough investigation: Gather evidence, interview witnesses, and build a strong defense.
- Represent you at the administrative hearing: Advocate for your rights and present your case effectively.
- Negotiate with the BRN: Attempt to negotiate a favorable settlement agreement, potentially reducing the severity of the disciplinary sanctions.
- Appeal the decision: If necessary, appeal the decision to the BRN or the courts.
At KAASS LAW, we understand the gravity of these matters and are committed to providing compassionate and effective legal representation to nurses facing license suspension or revocation. We recognize that your license is more than just a piece of paper; it represents years of hard work, dedication, and the ability to serve your community. Our team of skilled attorneys will fight tirelessly to protect your professional future and help you navigate this challenging situation. If you are facing a potential license action, contact us today for a confidential consultation. We will review your case, explain your options, and develop a personalized defense strategy to protect your rights and your future. Alternatively, any wrongful death at a nursing home, we can also help.