As a registered nurse, you are expected by the Board of Registered Nurses of California to uphold high standards of professionalism and demonstrate competency in your practice. The board expects you to adhere to set guidelines to ensure that the registered nursing services you offer to the public are safe and standard. Unfortunately, when a complaint is registered against you by a colleague or member of the public, you risk disciplinary measures. An experienced license defense attorney can protect your permit from these complaints. At Santa Cruz License Attorney, we have the experience to protect your reputation and career against claims lodged against your registered nursing license.

The Goal of the California Board of Registered Nursing (BRN)

California BRN's mission is to ensure persons issued with registered nursing licenses maintain high professionalism standards and provide quality services. The board achieves its mission by regulating the issuance of permits to qualified nurses, setting qualification conditions for licensure, and allowing members of the public to lodge complaints against registered nurses who are incompetent, negligent, or engage in violation of set guidelines. After receiving a complaint, the agency does further investigation. If you have a case to answer, they forward your file to the Attorney General (AG), who files a formal accusation.

You can arrive at a settlement with the board before the administrative proceeding, where you receive lenient disciplinary action. Nevertheless, when there is no settlement, the case proceeds to the administrative proceeding. If the proof shows that you engaged in the violation, the ALJ will recommend that the BRN take disciplinary measures, which include permit revocation or withdrawal.

Do not make the mistake of believing that BRN is looking out for your interest. The agency primarily focuses on public safety, but that does not mean they will work against you. Your attorney can still successfully negotiate a settlement. An experienced attorney will know the evidence to submit to have the licensing agency cancel the case or reduce the severity of your allegations. If applicable, the attorney will present mitigating factors and expose the weakness of the evidence presented by board investigators for a fair verdict. 

Registered Nurse (RN) Responsibilities

Now that you understand the responsibilities of the BRN, it is time to discuss those of an RN. The standard roles of these nurses include:

  • Evaluating patients to manage their care adequately
  • Performing the duties of an RN independently or with the help of other health practitioners
  • Interpret details from the patient and other people to begin and undertake complex thinking
  • Spot the validity and dependability of information offered by clients to craft a client-tailored care plan
  • Developing the necessary plan plus the relevant action needed for the plan to succeed

Nurses champion the health needs and wellness of patients. Also, they implement the care plan with the help of the physician. Again, they monitor every stage of the care to meet the patient's health needs and desires.

Common Complaints Registered Nurses Face

You will face the BRN after a member of the public or your colleagues file a complaint against you for misconduct. Any minor complaint can have significant adverse effects on your license. The complaints you are likely to face in this profession are:

Incompetence

One of the duties of the board in ensuring that consumers of registered nursing services are safe is to ensure that nurses have all the necessary education and training before obtaining a license. Therefore, when someone files a claim against you after your licensure alleging incompetence, you should consult with an attorney immediately because the allegations could result in loss of license. The BRN will not allow you to practice if you cannot uphold the standards required in the medical field.

Gross Negligence

As a nurse, you will face gross negligence accusations if your patient suffers injuries because you disregard the guidelines or protocols provided by the nursing profession code.

Obtaining Kickbacks for Referrals

You engage in fraud whenever you receive payment or kickback for referring a patient to a particular practice. If you engage in the conduct, competitors of the party that pays you for the referrals can file a complaint against you.

Criminal Conviction

A prior conviction or an active criminal charge for an offense substantially or significantly related to your registered nursing practice can affect your capacity to provide quality services. So, the board requires you to disclose your criminal conviction during license application or renewal to ensure that the record does not affect your practice. If you fail to report the conviction, you could attract disciplinary measures. Also, when you have a pending criminal case relating to your job, the board can be informed and lodge an investigation.

Other complaints you could face include:

  • Drug or alcohol addiction
  • Mental health problems
  • Disciplinary action from another state

The Process of Defending Your License

As a registered nurse, your patients, patient’s family members, colleagues, or other public members can lodge complaints against you with the California BRN, triggering the board’s enforcement program. Once a complaint is filed, you will receive a notice within ten days. You should answer the notice within fifteen days; otherwise, you relinquish the right to defend yourself. If it is your first time on the wrong side of the board, you are unfamiliar with these timelines, so you should retain the services of a competent license defense attorney. The attorney will ensure your rights are protected and that you have the chance to defend yourself. The steps you should expect in your registered nursing license defense are:

  1. Initial Investigations

When the board establishes that the claim against you can be substantiated, they investigate it further. They assign investigators to the case to gather evidence to prove the alleged accusations violate the Nursing Practice Act and BRN’s guidelines. If, after investigation, the officers gather enough proof to provide professional misconduct or a violation of set regulations, the board forwards the case to the AG, who lodges formal accusations. You will receive a notice of accusation from the board. However, this does not mean your license is lost.

You still have an opportunity to defend your permit and obtain a fair verdict. However, you must file an answer to the notice within fifteen days; otherwise, the board will automatically revoke your license through a default decision. For this reason, you are encouraged to hire an attorney with knowledge of these cases early in the case. They will respond promptly to the notice, ensuring you do not relinquish the right to fight the accusations. Additionally, the attorney will request an administrative proceeding through a defense notice.

  1. Settlement Negotiations or Formal Hearing

Settlement negotiations allow your attorney and BRN’s legal representatives to negotiate and reach a stipulated settlement, which is then presented to the board for adoption. Even if the attorneys arrive at a settlement, the BRN has the final say. Ensure an attorney in the hearing represents you because they know the difference between a good and a bad deal.

If the offer made during negotiations is unfavorable, the AG will assign the case to an ALJ and set the date for the administrative proceeding. The opposing sides will argue in the hearing and furnish the judge with supporting evidence. They will also present mitigating and aggravating factors. After the proceeding, the ALJ will take 30 days to deliberate on the matter and make recommendations to the licensing entity based on the findings from the hearing. Once BRN receives the report, they have three options:

  • Adopt the ALJ’s recommendations
  • Made changes or adjustments to the recommendations
  • Reject the recommendations entirely

California BRN’s Possible Disciplinary Action

Based on the case's complexity and evidence, it takes months or years to complete investigations. It will be unfair for your case to take this long while on an interim suspension because you will not be practicing. Luckily, you can hire an attorney to help you file a motion to have the court lift the orders to enable you to continue practicing pending court decisions. The penalties for a violation include:

Citation and Fines

When the case closes, and you are determined guilty, but for a minor violation, the board will issue a citation and fine. The Board of Registered Nursing Citation and Fine System usually resolves these cases and does not require an administrative proceeding. The decision by the board is not final. You will have the opportunity to defend yourself, and when unsatisfied by the verdict, you can appeal the decision.

A Public Reprimand

Another disciplinary measure for a minor violation is a public reprimand. The reprimand is a letter from the licensing board that they attach to the back of your license, which stays there for thirty-six months. It includes information regarding the alleged violation, the mitigating circumstances your attorney presented, and a written statement from your employer or supervisor supporting the assertion that you do not threaten public safety by continuing to hold the license.  A reprimand is a lesser punishment as it lets you continue to practice. However, when you are issued the letter, you should appear for an administrative proceeding to compel the licensing board and ALJ that the disciplinary measure is the most appropriate for your situation.

Diversion Program

On complaints regarding alcohol or substance addiction and mental conditions, the case is handled by the BRN’s intervention program. These cases involving substance abuse are handled with extreme confidentiality, and if the allegations are confirmed, the board sends you to a rehabilitation and drug education and treatment program.

License Probation

If your case goes through the settlement negotiation, the most favorable disciplinary measure the board can take against you is to impose license probation instead of a revocation or suspension. With probation, you can continue offering your services under strict conditions. The factors in mitigation that you can present to compel the board to impose probation are:

  • Proof of rehabilitation
  • A statement from your employer or supervisor
  • Physical exam from a licensed doctor
  • Proof of continuing education, like academic transcripts

When BRN imposes probation, the terms you should adhere to are:

  • Adherence to all California statutes
  • Complying with the BRN’s probation program
  • Complete at least one nursing program
  • Refund the licensing agency all costs incurred in the case
  • Voluntarily hand in your license
  • Adhere to probation conditions
  • The probationary term clock does not tick when you are out of state
  • Adhere to employment restrictions by the licensing agency
  • Supervision while on the job
  • Report to the agency where you are working or looking for employment for approval
  • Your employer must present quarterly reports to the agency about your progress
  • Reporting in person to the probation officer (PO)

If the accusation is about drug abuse, probationary terms will include:

  • Random drug tests
  • License suspension for at least twelve months
  • A physical evaluation every forty-five days
  • Mental evaluation every forty-five days
  • Enroll in a six-month drug treatment program

Having an attorney negotiate for a probation program instead of revocation is beneficial because it will convince the board to impose the least probationary term with lenient conditions.

License Cancellation or Revocation

The worst punishment the board can impose is license revocation or suspension. A suspension prevents you from practicing for a specified period, while a revocation does not specify the period you will not practice. It can even be permanent. The good news is that you can apply for reinstatement with an experienced attorney in your corner even after a revocation. However, you must first admit to the accusations. Also, you must pay for the cost the BRN incurred in investigations and probation supervision. If you cannot afford the funds upfront, you will develop a flexible payment plan.

Find a Competent Registered Nursing License Defense Attorney Near Me

It takes dedication and passion for a registered nurse to offer basic healthcare, help with rehabilitation, and educate patients on health and disease prevention. Unfortunately, despite these efforts to improve the lives and health of the public, RNs face accusations, some exaggerated, leading to license loss. If you are one of these nurses with an investigation or rejected license application or renewal, the Santa Cruz License Attorney can help. We will defend your rights and the accusation to enable you to continue doing what you love most: improving the lives and health of people, particularly those with chronic health conditions. Call us today at 831-732-4390 for a no-obligation case discussion.